Rules and the bottom line

Fairness and justice is the justice of life, the rule of law is the basic principle of administering the country.

The horse started representative lawyer, Sike characters in Yang Jinzhu to the Yuan Cheng home, the "three cards are complete, and there are two double insurance of authorization, since that no danger of anything going wrong [1]".

But, ten thousand are not afraid, afraid of the event. Hard to say, the door into the hard, difficult, Yang Jinzhu to visit, not to let the meeting. Liu lawyers have the same specifications.

Across a river -- sightable but inaccessible, not tenderness. The parties in the read the expect to see someone who never comes, unfortunately, have to do a thousand sails are not; Yang Jinzhu in the detention house looking forward to, however, Acacia meet know when? The parties and the defenders, a kind of Acacia, two place concerns. How to exercise the right to counsel, how to protect the right of appeal, the right to meet how to realize, how to embody justice, this is a question. To the parties, is man's life and family possessions; the defender, is occupation mission.

 

Yuan Cheng's case there is no minimum rules and the bottom line?

According to Yang Jinzhu's blog [2], "Yingkou city house of detention in January 27, 2014 and 28, two days for the four lawyers met Yuan Cheng's wife Xie Moumou", " Jiang Caiyi lawyers in January 26, 2014 in Liaoning Province, the meeting with Yuan Chengjia, and in January 28th in Yingkou City Detention Center met Yuan Cheng's wife Xie moumou".

First, fairness, equality, where?The same conditions, the same situation, should be treated the same way, make no exception, avoid leaning to either side, everyone is equal before the law. "Criminal Procedure Law" sixth stipulates: "the people's courts, the people's procuratorates and the public security organs in conducting criminal proceedings, must rely on the masses, must take the facts as the basis, take the law as the criterion. For all citizens, all are equal before the law, in front of the law, no privileges allow". Why did the lawyer may meet, but Liu, Yang Jinzhu cannot meet? so selective law enforcement, don't say less fair, even the basic agent did not know.

 

Second, Chinese really privilege of lawyers?Yang Jinzhu meets a defendant can not even, ginger lawyer who meet the two defendants are to come and go freely. In one case, a lawyer should meet the two defendants, is really incredible! In order to achieve what kind of purpose, was staged in this story!? In the meeting with the encounter little resistance!!!

To explain why a lawyer is not in a case of two. This is not only an occupation moral problem, but a problem of illegal. The lawyer, conflicts of interest; for the case itself, there is collusion may. These are serious damage of justice. This is prohibited by law from a lawyer in the same case because of two people advocate place. "Lawyers Law" the thirty-ninth stipulation: "a lawyer shall not represent both parties involved in the same case,Legal affairs shall not act with himself or his close relatives have conflicts of interest"," method about a lawyer would reply "more than two the accused of the same case more clearly pointed out [3]: about a lawyer can act as a defender for the same case two or more than two defendants problem. We agree to your opinion. China's Criminal Procedure Law stipulates: "the responsibility of a defender shall be according to the facts and the law, put forward to prove the innocence of the defendant, a mitigated punishment or exemption from criminal responsibility, materials and opinions, protect the legitimate rights of the defendant."In the same case, several defendants in the case of the status and the role of different, their relationship is mutually consistent, side and conflict with each other, the same case, a lawyer to defend several defendants at the same time, it may make the defender at stultify oneself position, to maintain the legitimate rights and interests of the defendant. Therefore, a lawyer can not simultaneously for the same case two or more than two defendants served as counsel.

If the privilege law really, so these privileges is who gives his? Give him the privilege is to let him do what?

Finally, we also have to ask, what a person has arranged a lawyer to meet the two defendants? Which one is the law gives his power? In people see place, what on what story? Why don't they let Yang Jinzhu lawyer see Yuan Cheng home? This place really is a corner forgotten by law?

 

1.Http://blog.sina.com.cn/s/blog_4e00bcd90102ecdu.html

2.Http://blog.sina.com.cn/s/blog_4e00bcd90102ecdj.html

3.Http://vip.chinalawinfo.com/newlaw2002/SLC/SLC.asp? Db=chl&Gid=24769