The privilege of listening to Tian Wenchang, "" lawyer duty lawyer last night, feel quite touched and harvest, therefore felt it necessary to the main content of Mr. Tian said in this summary and share. Tian Wenchang lawyer resume that interested friends can be found from the Internet, I first heard Tian Wenchang teacher's name is 2003 Liu Yong fry raise a Babel of criticism of the case on the Internet when, at that time see online have many people to pour dog's blood on Tian teacher scold, mainly that he shouldn't have to defend Liu Yong such heinous villains, I was I feel a lot of Tian attack is not rational.

   Mr. Tian last night first pointed out that young lawyers is China rule of hope, hope that young lawyers can play to promote the process of rule of law in China responsibility, and pierce to the heart of the matter to point out the main problem is the relationship between the duty lawyer to recognize the law and justice. Then he reviews the origin, China lawyer and lawyer system development history, combining foreign lawyers pointed out that the development of China's lawyer system development time is too short, the real access to development time is only thirty years since reforming and opening. Therefore, the development of the lawyer system China time is too short, is not very mature, our understanding of the law has too many erroneous zones, the lawyer did not play its due role.

   Mr. Tian first proposed: the conflict of the occupation morals and social interest lawyers when how should do? Then in the concrete asked lawyers should the client confidentiality issues. Lawyers in the defence, if it is found that the parties and other crimes are not judicial organs found, should not want to disclose or divulge to others the judicial organs under normal circumstances, this is the law based on the confidentiality obligations formed occupation moral. But not under any circumstances shall be kept confidential? There is absolute confidentiality principle and relative secrecy, controversy on this issue, the belief that the lawyer should be absolutely confidential client confidentiality in any case, the duty of confidentiality in relative secrecy, lawyers believe that only happened in the implementation of major crime, the crime novel, a lawyer shall expose. Our country has experienced a long time to establish the relative secrecy principle. The obligation of confidentiality law is to safeguard the fundamental development of lawyer industry survival and lawyer system, lawyer client confidentiality can only maintain the trust of lawyers. In the western developed countries under the rule of law, lawyers and doctors, the priest tied for the three special occupation has a high degree of confidentiality, the three man to testify obligations.

   If a lawyer found that his client was guilty of a murder in the process for a accused, but also an innocent man because of this murder was sentenced to death immediately, then the lawyer should not be to expose his own party to save an innocent life.? Mr. Tian lawyers believe that in this case still should not expose his own party, which is the foundation for people to trust law of maintenance, the lawyer cannot put aside their occupation morality to safeguard the interests of society or social justice, like a Sentry can not give up their posts in order to rescue the fire or do boldly what is righteous and just. But there are widespread misunderstanding of society: the public generally believes that lawyers should be limited to safeguard the interests of society and social justice. Duties and responsibilities of lawyers to defend the legitimate rights and interests is a special form of social division of labor is on duty, when the duty lawyer's duty and as an ordinary citizen's obligation conflict, lawyers shall give priority to fulfill the obligations of their duties, like the farmer's mandate should be kind and not to arrest the suspect, not to act as sentinels firefighters fire on guard.

   Secondly, the lawyer is not angel, nor the devil, neither justice nor represents evil. Lawyers in different cases based on the performance of duties to play different roles is very normal, as vulnerable groups suffer rights does not mean that the lawyer is an angel, to defend bad person not means that the lawyer is the devil. In view of the west, the lawyer between God and Satan is very normal thing. But in our society, people mistake responsibility of lawyers, public media, concept or even a large number of legal person of lawyers are distorted, let a person feel sad. Some people think that lawyers are universal appeal, what problems can be solved; some people feel do not understand to counsel cases to charge; some people do not feel the understanding of lawyers to defend bad men.; some people please lawyers after the case has lost that lawyer no error function and so on a lot of understanding. The clear here: the premise of safeguarding the legitimate rights and interests of the parties lawyers must be in accordance with the law and the facts, lawyers are to eat, bad or wrong people also enjoy the legitimate rights and interests, so the law is not a panacea, not confuse truth and falsehood in black and white, the lawyer charges is necessary, the lawyer for the bad guys defense is normal, the case against is the attorney normal. The lawyer is not justice, nor is the embodiment of justice, but the lawyer must pursue justice. The lawyer is the pursuit of justice in a case for the legitimate rights of the parties to the court by the impartiality of the trial proceedings, and promote social justice.

   Finally, Mr. Tian told often encountered several lawyers practice problems: 1, the independent counsel to exercise the right to counsel is independent from the client? According to the investigation of the western developed countries (especially American) found: lawyer is independent of any organization or individual other than the parties, but must be faithful to the party. This requirement is: according to the theory of lawyer agency or to defend the right to entrust to the source, so must be faithful to the party, in accordance with the requirements of the parties. 2, the lawyer to provide evidence that the source has no legal obligation? Generally speaking, the evidence shall be objectivity (authenticity), relevance and legitimacy, but the three characteristics of the western country evidence is mainly used for conviction evidence constraint the prosecution, the defense evidence requires it only has the objectivity and relevance can be, does not require the legal source, the defense evidence even illegal is not excluded from the column. This is easy to explain: the prosecution as a state organ has the force of the country, the illegal evidence (e.g. torture to extract confessions, threatened witnesses) behavior is relatively easy to apply and great harm, the harm of illegal evidence in general is very small, can be regulated by industry organizations, Party discipline civil litigation and other means, there is no need to use the exclusionary rules of illegal evidence for regulation, otherwise the adverse consequences of the illegal evidence is passed on to the parties, this is not fair. 3, to distinguish between public power and private rights. Public power is subject to the law expressly authorized, without explicit authorization is illegal, but private right is is not prohibited by law is the legal. And our judicial practice often confuse the public power and private rights, there are those who are asking the lawyer: what legal authority you do? The legal basis for the rights of lawyers, this is clearly absurd. From the Chinese legislation and judicial practice, China towards democracy and the rule of law is still a long road, need to include lawyers, each individual to assume their social responsibility, to promote the social progress.