The criminal procedural law has been amended, criminal defense lawyer spring day?

Article / Tan Mintao

Amendment to the Criminal Procedural Law passed, I took part in the criminal procedure law of two lawyers of the amendment conference in xi'an. After listening to the complaints and comments on a number of lawyers, lawyers do feel the number of criminal defense business continued to decline, and away from the criminal defense business grew too. Even, in the amendment to the Criminal Procedural Law seminar, some lawyers they no longer acting criminal case, and a year of a criminal case is not the attorney There are plenty of people who. Because the Li Zhuang case from criminal defense, because criminal defense risk away, because the judicial environment far away, because it is difficult to maintain their livelihood (also can be understood as not much money) away, because of boredom and Public Security Organs Dealing away...There are many reasons, be too numerous to enumerate.

Not the case, not criminal, away from the criminal case, Li Zhuang case still stay in Hualong network reported on the cognitive, Beihai was also fixed in four lawyers still arrest, criminal procedure law passed, also did not see full text, if not invited to participate in the Criminal Procedure Law Conference, probably not read and review of criminal procedure law, which is part of the lawyer, attitudes to criminal defense business, but also can be said to be most law cognition of criminal defense services. In fact, a lawyer may be due to various reasons, far away from the criminal defense lawyer, however, does not know Xiao He's understanding of criminal defense lawyer. I know do the marriage and family of a Beijing lawyer, he sustained attention to Li Zhuang case and the case of Beihai moved by the people, although he is not criminal, but the value and function of he to others, society, the public lawyers, he pays attention to criminal cases, criminal defense and this concern, than those of a taste the muffled fortune lawyer a lot better. While I was listening to the two meeting of the conference of lawyers after the speech, feel, the cognition of criminal defense lawyer business has been away from Chinese criminal defense business environment. Who knows, a lawyer should be self-discipline, should abide by the lawyer occupation morals and discipline, the key lies in, when the law itself to the law, how the public security violations response? For Li Zhuang case and the case of Beihai, ask, Li Zhuang is illegal? Yang Zaixin lawyers are illegal? In a law to abide by the law and the public security organs abuse the law on lawyers Chinese society, self-discipline is not without reason, but, in the face of amendment to the Criminal Procedural Law lawyer and expansion of rights, how to exercise and enjoy these rights, is the main theme of the conference and purpose, but some lawyers aimlessly about the law the positive significance and lawyers to self-discipline, it let me feel dull and boring.

Itself, in the related articles we read about attorney in criminal procedure law, it was legal to have great progress and gratifying, however, the law is in progress, but still difficult to resist the rule of law in the back. These have been recognized by the criminal procedure law of lawyer right now just stay on the paper look right, the future still need lawyers themselves and safeguard to implement. If the lawyer's rights by public security internal interpretation (the detailed rules for the implementation of future public security organs or judicial interpretations promulgated) against the criminal defense lawyer, at this time, how? This is an important problem that lawyers should pay close attention to the revised criminal procedure law, rather than in a lawyer meeting lawyers to sing the praises of legislative progress. Although, we can see the criminal procedural law was expanded the rights of lawyers, but at least, positive praise criminal law expands the lawyer right responsibility and mission in the law, this is the legislators propaganda work. Before, the above has been under command, under the control of the China media for the amendment to the Criminal Procedural Law by singing hymns, but critics are not published.

Also do not know, Chinese now true for a criminal lawyer. How many people? I'm guessing, a conservative estimate of about thirty thousand or forty thousand people. Before have been thinking, if, the thirty thousand or forty thousand criminal defense lawyer in violation of public security, can complain and report, instead of tolerance and fit, so China criminal defense lawyer's future is bright. However, this idea is too naive and childish, how is it possible, each handling criminal cases lawyers are so much courage and insight? After all, in some meetings, and lawyers asked the young or other counsel to the public security case, understand and cope with not to make trouble, do not report, and through the leadership of greeting or yield to guarantee the exercise of the right, or let the right is infringed and turn a blind eye, so, can prevent the lawyer be put. Such situation, in which thirty thousand or forty thousand criminal defense lawyer, how many people can really stick to handle cases according to law (or say, compliance cases, not with the power to engage the transaction), results might make people shudder.

Few lawyers and judicial struggle, it is but the abuse of public power and illegal. Individual criminal defense lawyer in the face of the abuse of public power struggle and protest, not to self correction and corrective shake the public power, but many Chinese lawyers collective efforts to curb the abuse of public power and uniting, violation of lawyers' interests. Still, the individual lawyers struggle is also easy to suppress and clean, but many lawyers collective strength will have a great deterrent to the abuse of public power, in order to prevent the abuse of public power infringing the rights and interests of lawyers, to protect the legitimate rights and interests of citizens. If Chinese lawyers collective protest and rights, so, the society will not be a wind blowing -- China criminal defense lawyer began to wake up, for the protection of the rights and interests of collective. Later, because of the lawyers collective protest, can lead to the voice of civil society and attention, to urge the Ministry of Public Security issued "emergency notice on strengthening and safeguarding the legitimate rights and interests of law as soon as possible". And this is the law, resistance value, rather than just watching. Although the onlookers will change Chinese, but I could not help but want to ask, what is Chinese lawyers -- China criminal defense lawyer -- contribution to the rule of law? When the criminal defense lawyer no dignity, talk about what Chinese lawyers have dignity? And when Chinese lawyer no dignity, talk about what China citizens with dignity?

In addition, amendment to the Criminal Procedural Law passed, criminal defense lawyers will certainly have to study and understand, so that skilled application and actual combat. And really read the amendment to the Criminal Procedural Law lawyer can have how much? According to my observation, the criminal defense lawyer in true of less than thirty thousand or forty thousand people, and the thirty thousand or forty thousand lawyers also have some need not concern and study the law of criminal procedure law, then, the amendment of the criminal procedure law as a criminal defense lawyer in the spring is coming, how many lawyers? I'm afraid, this is bound to be a pessimistic tone, although progress is be obvious to people to modify laws, but who knows, the investigators used line is not all criminal procedure law. Later, or in the meantime, public security organs are stepping up efforts to develop its own internal rules, and those internal rules is later they handling rules and guidelines, let the law with criminal law requires the rights, public security is ignored, but also to the internal rules. We have rules, this case48Hours arranging appointments are legal, or by the lawyers provide legal advice to induce suspects confession to suspicion and limiting interviews or listening, or is required to prove that the defendant's obtaining exculpatory evidence prosecutors disregarded, or the people's court disregarded the exclusionary rules of illegal evidence put forward by the lawyer's request. These "or", when lawyers that the public security organs, people's Procuratorate and the people's court and staff hinders lawyers exercise their litigation rights according to law, the appeal and accusation is not accepted or not be corrected, at this time, the lawyer's procedural right to relief, that is, the next issue by criminal procedure law lawyer we should be concerned about -- beware of judicial authority, against the legitimate rights and interests of lawyers.

Finally, the antecedents of lawyer law lawyers spring changes will come, finally found, peach blossom spring. Now, the criminal law is modified, and a lawyer rights greatly improved, whether the criminal defense of the spring is coming, I am afraid, veiled, who know that spring is coming? But, in the face of the law progress, we do have a sense of joy, but glad but inevitably sad. After all, who knows, the law China is on the one hand, and on the other hand, the specific implementation. And this, or a law, but it does not enforce the law strictly and break the social. When the rules on paper the lawyer rights properly, but in reality the lawyer rights but no security, it will, is the touchstone of the criminal procedure law of success and failure, success or failure, not in legislation and enforcement of justice is excellent. Perhaps, success in this has set the tone, greater progress than backward, this is my first feeling, criminal law article but after that, I know I'm afraid, progress will only be the law, and the rule of law in practice it is difficult to increase. Because of the specific law enforcement, their hearts are not entirely in accordance with the law of criminal procedure law, have their own internal rules and regulations. The paper claims lawyer, how to maintain and safeguard, when spring comes, look at the criminal defense lawyer flower abortion.