The lawyer image

Now people on the "lawyer" two word expression and meaning is mixed. It is said that in the known as the national humor American, there are a lot of up to the president, to the beggar. Especially for the love and hate lawyers, this talent is the most incisive play american. The deepest impression is: in a graveyard, a lawyer after sleep, lest posterity forget, made a presentation to the epitaph, "here lies a man of integrity, a lawyer". He really is not forget to pass by, Americans will say, "it is strange, can hold two people in one grave so small". American humor and so. (see my article "can not talk about: a legal behavior and thought" 176 pages)

Estimation of the joke to describe Chinese lawyers also bad not arrive where go to.

I think the five kind of identity itself (citizens, judges, government officials, public lawyers, legal occupation people) to explain my views on this occupation of lawyers and evaluation.

A, public opinion on Lawyers

Now the public legal consciousness is more and more strong. There is a Foshan television livelihood program Xiaoqiang hotline, even the ads were 30 minutes program even I the fake lawyers, a total of 4 lawyers appearance, which fully shows that the law has gone deep into every aspect of our lives, and on the other hand, the public on the legal knowledge of the strong demand. But the market Co., limited resources, the cake is so big, you XX occupied, I Wang school would not have the opportunity, the society is such heartless. Your voice in communication, those bad comments, seemingly legitimate but illegal rhetoric has no market, so we lawyers should have the sense of competition, to occupy the position of public opinion.

In the criminal law, every one of us can not guarantee that they will not be the "suspect", so we have "no punishment in doubt case". The other most important security is a lawyer. If I went to jail, I will not ask a lawyer? On the legal level I, I believe the general counsel is stronger than me where not to go. But, in my personal opinion, criminal procedure in China, especially the investigation stage please lawyers really useless. TV lawyers and police, prosecutors, battle of wits with the scene can only occur in a foreign country. Of course, I may ask a lawyer, because at this stage is not allowed to meet with the family, a lawyer, a greater likelihood for family safe. Please a bar, to spend money to buy peace, if the cost is not too high, but my wife and afford it.

There are many people who "chronic illness into health, self-taught", many of the early law this is also China's road to success. The lawyer is not popular in our country long-standing. Lawyers can be traced back to its predecessor "fuck ambiguous said, set of infinite words" lawyer. History of progenitor occupation is Deng lawyers. In the era of his life, the laws have entirely by the nobles to command the "patent", is always keep secret of civilians. The law is the Lords privileges, fool the people is often the things the nobles by law. But Deng who interested research laws, and had a mouth, so the canine teeth is necessarily a "crazy". Deng used to own erudite and eloquent writing complaint, to help people, help people to engage in a lawsuit. A long time, people between if what happened to the dispute, Deng consult the solution, of course, to give him some gifts as rewards. To help people to engage in a lawsuit, in accordance with the contract, the size of the charge of Deng case, big case for a coat, a small case for a pair of shorts, similar to today's lawyer charges. At that time, with a coat, pants came to Deng advisory proceedings in a continuous line.

Xinzheng territory river is called Wei water. Have a year of flood, Zheng Guo has a rich river when he tripped and fell into the water and drowned man, whose body was a poor salvage. The rich families want to use the money to redeem the body was buried after hearing, recovered the body to the poor understanding of the home is very rich, think of hoarding, price oneself out of the market just, defrauders. The rich don't come up with so much money, both sides Each sticks to his own stand., things soured. Fortunately, the rich family to consult the solution of Deng, Deng said, do not worry, a penny money also don't more. Rest assured, the other can only sell you this corpse, because in addition to you, no second people will buy this corpse to him, afraid that he will not sell it to you? The body can not be stored for a long time, as long as you drag, the poor will depreciate! The family thought of Deng It stands to reason., be patient, don't worry. After a few days did not see the rich man's house to buy the corpse, the poor man sat not to live, to find Deng precipitation. Deng to the poor man said: don't worry, a cash ransom don't reduce, because someone can buy the corpse in here you, somewhere else is not to buy! The poor a rational, don't worry. This is the famous "for the body paradox" story.

The lawyer, also do not know others no pants, gave both sides are out of an idea, also need not move officer, save the lawsuit, the problem was solved. Isn't this harmonious justice idea? Also said the family is shyster?! Of course, this is the man. If the woman is, may not be so simple. As far as I know, many parts of popular "Yin dear", is for the dead. In my hometown, dead woman's family may receive a variety of costs 4, 5000 yuan. If you then Deng way, may not be applicable.

According to "Lu's spring and Autumn Annals" records, Deng agent lawsuit always win, every case down, "Zheng Guo began, people mouth like wow". Deng not only personally to help others to engage in a lawsuit, but also vigorously carry out publicity and education, teach others learning procedure. So, "The nation is in peril. Yi", the problem is not solved. When Zi Chan decided to "kill Deng and kill", put him to death and dead pillory.

Songshi in ancient Chinese is often regarded as the trouble maker of social trouble. As scholars Liang Zhiping said: "in the traditional society, he always be humble, their image...... Greed, cold, cunning, treacherous, best able to spread rumors and cause trouble, confuse right and wrong, pinch the word identification decoration, profit at other's expense "(Liang Zhiping:" spirit of law and the human "China legal press, 2004 edition, P. 275-276). Although easy to do, but the impression on the whole not fundamentally change.

Deng was killed, but the lawyer (occupation civil agents, lawyers) still exists.

The early 80's of last century, there was "a lawsuit as a lawyer, a disease became a doctor" precedent. But if you take into account, when the law only 79 years of criminal law and criminal procedure law, evidence in civil litigation is the 1963 "the Supreme People's Court on the implementation of opinions" civil policy (Xiu Zhenggao), the general principles of the civil law has not been established. If you look carefully at the legal provisions, many "follow the people's feeling", so the people who are intelligent through a lawsuit to become a lawyer is not totally impossible. But now China takes the constitution as the basis, the basic law of civil, criminal, economic, administrative and legal aspects of the core, the legal framework to various laws, regulations, rules and different levels of content, self-taught legal is not so easy. As of today, can you please self-taught barefoot doctors to treat you?

"Piece of the people's Republic of China Law" this nearly one hundred million words is called "China since the founding of the largest, most complete legal tool for the content of the book", also only included the National People's Congress and its Standing Committee as of 2002, the law through the interpretation of deliberation, decided the legal issues about 400 pieces. Familiar with China legal person knows, we now trial approval and supreme detection and lots of judicial interpretation and case, far more than the legislature, and what is more, the court's judicial greater reliance on the explanation and reply to instead of rough law itself. All these, which is in front of self-study of law ", the five house of Taihang Mountain".

Learning the law makers often paranoid in the law itself, in fact, only know that should not have legal literacy provision. The unfortunate for legal occupation, people often asked, "you learn the law Is it right? Will back the law?" Even in the law students also asked, "I'm back good law, can be a good legal person". This is the legal science ridicule and sarcasm. We common court judge on hand with a thick law books, side side to find relevant content of toss about hearing. This scene is too common, not what people did not see what people think is not normal, because in the vast sea of laws in the radio one to recite is not difficult, but if more back, is a burden. If before becoming a qualified judge must as much as the students to recite a certain provisions? No, that wouldn't be necessary. An understanding of the law and application independent and recite proficiency.

Learning the law makers often paranoid personality, that law, must manage not Rao people. There is a story: a young high school examination after going out an official farewell, leaving mentor and ask for instruction, the old gentleman not to utter a single word to write a "true", then asked, what is this word? Young says this is not a real word? Mr. shook his head, said, this is "straight eight" two words (the ancient word is horizontal), and further taught that, remember, things can not be considered "true"! This story has been passed down until today, the great vitality, it is because he has a "be lenient wherever it is possible" truth.

Specialize in one subject, therefore, to master a certain expertise who can in its expertise to display their abilities, the Legal Affairs Commission has a lawyer to do on the law, and not on the fourth grade culture from law school. Of course, in order to make rational people engage in a lawsuit, the state has also established a legal aid system, free legal services provided by the state to help vulnerable groups and not let coated gentlemen "a person in the fighting". Perhaps, this is the rational way of adults.

December 12th is the anniversary of Li Zhuang. A year ago, CCTV Oriental time broadcast of the "lawyer Li let me confession of perjury" report, when a reporter asked Gong Gangmo Li Zhuang to make his confession when Gong steel mold a: Li Zhuang asked me. No, I see the look in his eyes was beaten in the answer that I, and I replied "beaten". So the urban legends by Li Zhuang a "wink" constitutes the crime (Article 306). Despite the fact that the court is not so simple. But this event can not let the lawyers have a lingering fear, because the risk is too big. Beijing lawyer Li Zhuang detained, arrested, was put on trial in Chongqing. The news caused a lot of attention. Said that many people, with my limited perspective only noticed a law expert, but more is a lawyer, it seems all day long for ordinary people do not care about. Lawyers in the China may be in the 200000 man, do not know whether we can be called a class. I noticed a new class called does include lawyers. Law, culture, reputation, social knowledge, wealth, understand the law, understand the human accident, is my idea of a little money a little leisure have justice gentry. However, in recent years the lawyer's reputation industries and Chinese as, a bit "people love to hate".

Li Zhuang after the incident, many lawyers put forward some views from the legal aspect, in the industry to support natural shall. Because in my view, allowing the suspects, defendants frequently accused the defense lawyer suspected of a crime, it is a dangerous thing. This will not only make the lawyer risks exist everywhere, and people seem to general feeling and common moral is not compatible. But there is no longer a lawyer said the criminal cases and even stop being a lawyer, I think there is a spoiled brat. This need not explain? Each of us is doing every day. The child high grades, parents do not have the full of praise, children will act in pettish to test difference next time; adults and outstanding achievements in the work is not the high praise, also can be in leadership act in pettish next to throw up one's job; children honor their parents, if parents do not appreciate, children will also give the old man said to praise. Oh, this is our national conditions. Lawyers are wronged, of course, also want to find a person to act in pettish.

Reminiscent of the Ma Kedong case. Liaoning province Yingkou City Station District People's court verdict crime of fraud in 2008 May mark East Guangdong lawyers, sentenced to eleven years in prison, fined five hundred thousand yuan. The case has a lot of influence in the law and the legal profession, but the public has not too concerned, with the same period of Xu Ting case than is a world of difference. This is particularly evident in the newspaper developed for Guangzhou, and the horse is in the Guangzhou practicing lawyer, Xu a farmer is from Shanxi, Guangzhou migrant workers. Why the difference is so poor? Many people think that the public comments, bad impression by lawyers.

In my opinion, lawyer Li Zhuang was caught, but the other lawyers still have to practice. You study the law, not dry legal affairs, what can do? Rao is the case, the public is of course cannot do without the lawyer. Of course, we can eat, it formed the legal occupation.

Two, government officials view of lawyers

I work in the government, in contact with many of the leading cadres. Find that they really is feared and hated, often said to the lawyer, "the lawyer in the idea behind" this thing, "are lawyers doing things!" Discourse, the lawyer was very bad. But I found an interesting phenomenon, the officials who fell in a court of law is no exception to hire a lawyer to defend. Ha ha, is really an interesting phenomenon. This and the American Psychological difference.

The law is the product of the secular, is to solve people's disputes, closely related with people's social life, the law only from life is the castles in the air. But with the professional occupation law and procedure law terminology, a large number of complex time and financial resources, especially with the large-scale legislation and the explosion of knowledge in modern society trend, legal activities have been or are becoming a common people in addition to rely on the legal specialized personnel can not have no time to set foot in the field. From the legal professionals within the professional division, engage in criminal law do not understand the law be not at all surprising, even if the same is the research of criminal law, criminal law does not understand the criminal expert is not in the minority. All legal experts that punishment, civil, administrative take is to tell some fantastic tales.

In fact, as a legal problem, even experts in the same field and judicial practice, because of the control theory and the judicial practice, different, often have different ideas. Thus formed the legal occupation groups.

Some government departments have legal professionals, have abundant professional knowledge, but also to the local actual situation is more familiar, but not seriously. Foreign monk good recite and chant Scripture ideas, often with foreign intelligence. The result is a foreign intelligence The climate does not suit one., also suppress the internal personnel's work enthusiasm, The loss outweighs the gain. We introduced the Executive Court system.

Why the leading cadres should have legal thinking? Because modern society increasingly fine division, specialization is more and more strong. Can not require each leading cadres, every civil servant known laws like those of us professional legal person. Because today's society is taking economic construction as the center. Of course, we also can know, some aspects of the law. Engels said, "anyone can only in addition to their professional is a half through or not". But in a society ruled by law, leader cadre must have legal thinking. Xue Baochai in a dream of Red Mansions "good wind frequency of leveraging, Qingyun on me". In my opinion, leading cadres should rely on the legal aspects, rather than self learning.

Leading cadres should have the legal thinking how? The law is too much, not only ordinary people can not grasp, is the law people will only a few simple department. I have a leader, he told me was not familiar with the "Village Committee Organization Law" very surprised, as if Americans do not know the French know that Washington Napoleon, "huh? This method is not familiar to you? How important a law!" He may not know, this method is only more than 200 law is an ordinary, I is not God, how could you?

I believe every studied law people have devoted to the ideal of rule of law or ambition. But in fact, studied law, certainly as a lawyer, when the judge, for others dispute "give advice and suggestions", "make gestures". The so-called "thoughtless" is also. As for the case to his body, but there are few legal person. As adults, we believe that the Chinese every day with the consumer disputes. Home telephone impassability, their bank cards without reason was the bank charges, had problems with their car quality, their own housing property infringement. Can say, the judge, lawyer, this group also live in the realistic society, nature also like us, by the secular law relationship. But they played the lawsuit? Perhaps, but less and less. Estimates do not want to fight, why the Zhang to give up? Because of the lack of courage, is not easy to file a lawsuit in the Chinese.

Years ago, the court like "if I get some parties, if I go to court", "Empathy", can not say that did nothing, but is expected to issue. But you never know how difficult. Therefore, when not true. In a lawsuit China how difficult? Those experts teach you, very simple. Can you believe that?

Said the single file. At least to write a complaint? Don't look at a piece of the simple, believe that most people can't write. Going to court to get a paper format, but also ask the judge to fill in. But for the attitude, it's all depends on your luck. Some parties simply by lawyers exploit. I have seen that an application of industrial application for reconsideration, the lawyer should accept the parties (Guizhou migrant workers) 10000 yuan. But also to the parties themselves to the government to the application. Of course, the lawyer agency action. But the case in the review stage mediation is successful, but the lawyer fee a lot. Gas was one of my female colleagues called "black lawyer". But no professional knowledge of migrant workers, he did not ask a lawyer have what way?

To pay related costs. Although these years reduced the standard, but for vulnerable groups, is still a hefty burden. Of course, you can tell me the legal aid system, but if you experience, you'll see to do what procedures, running several legs. It is also a "bureaucratic".

To wait for the decision of the court. Although the civil procedure law, the system of time limit, but because the deduction has a variety of, when closed and not a fixed pattern. This is not the end in mind let party.

And second, to perform even the retrial.

We will not to mention lawsuit results.

Can say, the lawsuit of difficult to play in China, difficult to imagine.

Therefore, in China, lawsuit is a necessary evil things, not ordinary people can be. In my opinion, said the lawsuit was paranoid not. Of course, in Chinese you want to do bit of what thing, seems to have not very perseverance can not. Unlike the foreigners, can enjoy life, enjoy the right to. As for why, I want to is not clear.

Only a short while ago, the importance we superstition in system, emphasizes the system administrator, the regulation. This law is manifested in the "law" as the goal, a massive increase of legislative process, with the great leap forward speed, completed the construction of basic legal framework. But it seems the superstition and the system and law we opened a big joke. The first is national emphasis on rule by law and by virtue of combining, and later is people-oriented, it seems and system management originally stiff draw further apart. Can't say inconstant in policy, after all, is from the system to the man (Liang Xin) transformation is also emerge as the times require.

According to the November 20, 2006 Nanfang Daily News, 18 days to 20 days, Guangdong Province eighth lawyers Congress held in Guangzhou Asia International Hotel. Provincial Standing Committee, Secretary of politics and Law Committee, public security minister Liang Guoju attended the meeting and delivered a speech. Liang Guoju points out, the integrity of the building Guangdong lawyers industry there are still some problems, such as one-sided pursuit of economic interests, the commercial tendency is obvious; violation of occupation moral, the parties to muddle with one's duty; talk big, irresponsible "Sheng Bao v., bag, bag innocent" parties commitment charge agency fees; and slander counterparts, unfair competition and so on.

Believe that the beam secretary must be in front of the lawyer's job is sufficient affirmation, certainly not the mainstream. But the reporter's reporter, especially the southern reporter, devoted to deficiencies in the family out to write, because we are the people most concerned about these problems.

In fact, the above problems is not self-evident, because lawyers became people both love and hate. Now the law is that commercial services ("lawyer law" article second, counsel refers to obtained a lawyer's practice certificate, to provide legal services for the society of practitioners). Judges and prosecutors from the same belong to the state judicial personnel identity independent, defined as "service", to "the pursuit of economic interests, the commercial tendency is obvious," of course "one-sided" wrong, but you let him in the business, he wasn't eating, do not eat what will happen to the legal service to the public?

As for violation of occupation moral, the parties to muddle with one's duty; talk big, irresponsible "Bao Sheng, Bao Fang, V. package innocent" parties commitment charge agency fees; and slander counterparts, unfair competition and so on. This is even more competition in business. Can say, the lawyer this service industry and restaurants do not essentially different, but only with the law as the.

In fact, not only is the lawyer industry. According to the Phoenix information network reported, for the popularization of legal knowledge and legal knowledge, there are nine major television stations, more than two hundred legal program, but these Chinese, radio and television in the "audience", "entertaining", gradually toward the crime the way of teaching. According to reports, the State Administration of radio recently will be devoted to the development of normative documents, the standard requirements for radio and television in the legal report and program. Deputy director of the State Administration of radio, Zhang Haitao at the meeting pointed out, not because of improper legal reports, and have a negative impact on the minors. He pointed out that, in the current legal system of domestic reports of radio and TV programs, there are reports the number of criminal cases, legal education, legal analysis of the absence of poor guidance superficial, in violation of the provisions of film production and other aspects of the problem. Zhang Haitao said, these legal programs for ratings, comprehensive reconstruction of the crime, caused some negative effects to minor, did not achieve the purpose. In this regard, the SARFT for legal system of broadcasting and television reports, special provisions 11 forbidden or restricted behavior, radio and television publicity to strictly prevent the pursuit of novelty and stimulus and entertainment tendency. The specific contents include: to strictly control the kidnapping, arson and other serious harm public security cases and malignant criminal case report; not detailed disclosure of the judicial organs handling details, such as detection means; not on crime, crime means, criminal psychology do meticulous description and analysis; shall not render murder, violence, pornography, terrorism plot and the scene; a variety of content not to report suspected of criminal minor's name, domicile, photos and may cause adverse effects on juveniles.

Familiar with laws, concerned about the news that all can see, this is not a new thing, in the "protection of Minors Act" and a series of other provisions are involved. But why TV (including CCTV, this department position is a bit special, it is business legal person, he is also the national television, his director general by the deputy director of SARFT concurrently. Said he is a government department, have neither fish nor fowl) time and again there are provisions and frequently violated? As the news said "for ratings" the root of all evil.

A system does not comply with than without the system.

In my opinion, the system does not conscience now more use some. According to the people's court at four edition of November 3, 2005. In July 12, 2000, Liaoning Da Ming law firm appointed Shao Yingkui as Liu's attorney, involved in the litigation activities. After the case, LiuMou couple is to report to the Department concerned, claiming that the lawyer hidden, destroyed, tamper evidence resulting murder case. In October 20, 2004, Shao Yingkui to the Xing City court. The court concluded that, charges no conclusive evidence to confirm, then made the decision.

Against this sentence I dissent. Because the parties for their own agent legal service, report to the relevant departments, the investigation is not in exchange for authority and feedback, infringement judgment but court, this let us ordinary people how can good? We the people and the place of reasoning?

The lawyer law the thirtieth regulation, the lawyer acting as agent in litigation or non litigation legal affairs agent shall, within the limits of authorization, safeguard the lawful rights and interests of the client. This is called the "entrusted by the people loyal to the people". Because we old people do not understand the law, naturally regarded lawyers for legal gods (because they are legal division), in their own legal disputes, from already not plump purse money to hire a lawyer, not just to have a happy ending? But, get the opposite of what one wants, spent the money did not achieve the purpose, which naturally there are many reasons (blame unfair judge in case that is most often the parties and lawyers cited), but this time, the parties Zoupian Jian Feng, but complain of the lawyer, this should not allow agents to fire, when the good intention. But the family parties spent the money, and lost, in said some not good self is the common sense of people, why on the court?

China's constitution stipulates that the forty-first citizens of the people's Republic of China, to any state organ or functionary, have the right to criticize and make suggestions; for any state organ or functionary of illegal acts, complaints, charges or complaints rights to the relevant state organs, this is called the citizen's right to criticize and make suggestions one, is the basic content of human rights.

Of course, our lawyer provides legal service for the society, nature and officials, I do not advocate the use of the so-called standard public figures to the requirements of the law, however, as between principal and agent, at least the criticisms and suggestions, or exist, can not easily get on the court, or let us people how to live?

Of course, the law also states, citizens, Sue, prosecution right appeal shall not fabricate or distort the facts of false accusation. That is to say, citizens must seek truth from facts in the exercise of these rights,, must not be fabricated or distorted the facts, deliberately false accusation against the others. All fabricated facts are false accusation, according to the seriousness of the circumstances to pursue the administrative liability or criminal liability. But the classical textbooks tell us at the same time, false is concoctive fact, fabricated evidence, false proof to trap others for the purpose of behavior. If it is wrong to accuse, mistake is not to bear criminal responsibility. Therefore you can never be lost people a few grumbles are identified as false accusation. We ordinary people to the relevant organs complaints that the improper and even illegal behavior of people and things, is the legitimate to exercise their rights.

Maybe the other one, otherwise, personal think, only rely on to the relevant authorities report their lawyers misconduct resulting in their losing this fact, is absolutely not constitute infringement

Three, the views of lawyers

China currently has 190000 judges, prosecutors 140000 people, accounted for 67% of the number and the 63% in the series. Because of the judicial officer of cardinal number is too large, the limited funds on average input to the entire judicial team, makes the judicial resources into a peppery face input, judicial officer committed to low-income subsistence occupation occupation, the lack of sense of respect, life circumstances, distress, training and development of adverse to the elite talents. If according to statistics, the total income of the lawyer business at about 9000000000 per year, per capita income of the lawyer in 80000 yuan, and the judge's average annual income in 15000 yuan, the judge, the prosecutor job as a lawyer has become a major Chinese characteristics. According to statistics, in the past three years a total loss of 50000 people in 2002 and 2003 judges, prosecutors, the national grassroots's Procuratorate loss of 8673 people, in addition to the normal retirement, loss is mostly excellent talents in the industry.

The judge's work with non personal, to represent the state to avoid leaning to either side of the referee, but the lawyer's job is a person, to make all-out efforts to client service within the limits prescribed by law, according to the provisions of the Supreme Court, the lawyer has to bear the judges for the maintenance of justice shall perform the obligation of avoidance, apparently "the judge dump obligation, the law as a judge" too. Therefore, the Supreme Court that although it is a good law, but there are defects. From the 2000 Supreme Court law avoidance provisions, the provisions in 2004, then to 2010 as the news published in the Supreme Court organs judge exit, 10 years time is fleeting. In fact, these 10 years, some courts also cannot say a thing not to do. Some court announced that the lawyer spouse judges list in the newspaper, was intended to draw public attention to "prevent judicial corruption, safeguard judicial justice", as a result, you can! Ha-ha. This is a free advertising for the lawyers. "Have a look, the newspapers are published, the judge who is my relative, not cheat you?" The parties don't find this lawyer also find that it doesn't matter in court? This is really a great joke.

Of course, you can't say family lawyer illegal, I took the case, why not to use their own name to the court? Lawyers are looking for an individual partnership, put him on the line is not it? As for the reward, the lawyers are legal division, they'll cooperate very well. In this way, our courts to lawyer made a strong authoritative advertising with taxpayer money, or call notice it, after all, is the court document. The effect, also let you doubt? But, after all, is not to be outsiders Tian fertilizer. The spouse, it is not our court's family?

We can analysis: one is the progress from the original lawyers avoid began to withdraw from the transition to the judge, that find the path to solve the problem, as to find the Big Dipper; on the other hand, we found that in our country legislation and practical implementation of random discount phenomenon coexist, the regulations of the authority all gone. Lawyers and judges who should avoid? Everything is hard in the beginning, the car after a point, we use 10 years of time, finally found the path of the relationship between the right of judges and lawyers. This is worthy of our expectations.

Christopher Dick, former senior judge Robert. Powder characteristics (ROBERTSATTER) recalled, he for the beginning of the judge, a good colleague gave him two pieces of advice. The excellent colleagues will give him what advice? It will make you laugh. One is to go to the toilet before the court. Wait a minute, this is advice? Count! The other one? Another: not to wear the suit upper robe.

That year, I when the judges really encountered such a thing. The impression is in 2006, is a court case. A female lawyer in court not only in a flagrant way to drink, but drink more act recklessly and care for nobody. You said she secretly to drink it, she does not like this, not only make very exaggerated movements, and put a bottle of mineral water to knead a lot of noise. This let us collegiate very surprised, how can there be such a contempt of court dignity of a lawyer? I was a character relatively calm, presided over the trial judge unbearable, Yanci court gave her a few words. You also don't say, the 40 year old lawyer, afraid to return. Look, some people really can not think of normal people. Later the trial ended. The court, we specialize in this when things do not drink the water in the courts of the problem. The majority opinion that the judges are not prohibited. A few people think for a court order to consider, can ban. Personally, may belong to the majority opinion. Of course, drink more water to go to the toilet.

Four, the government lawyer views of lawyers

As the civil servants of the government legal workers and lawyers as official government legal workers in the legal thinking of the same event is different, sometimes even is a fundamentally different. For example, as the government legal department cadres, in the city construction, demolition, government management, legal matters, often have a quick, eager to do good for people's unconscious thoughts. But as a government lawyer, we will look at the issue from another aspect, the law on the basis of what? The administrative relative person the possibility of prosecution has big? More likely through the administrative litigation, administrative reconsideration law remedy to? To appeal to the masses, the intensification of social contradictions may be? Of these, must be from a legal point of view to the leadership to remind. In my opinion, leading cadres to study law. Law is not the leadership's research has profound legal, it doesn't matter how many recitation of the law, much less in the exam can how much score. The key is to establish and develop the legal thinking of leading cadres.

In the public image of our country, the lawyer is wearing a Bibi Tingting, a famous brand portfolio, a successful image, the luxury cars. As for the film, the lawyer is lecturefield, in front of the judge, and the freedom of action to close, so that ordinary people are "surge", let alone those who choose law as the occupation of students.

But the law diploma dirt cheap reality not only for law students to deal a frontal attack, who has been a pioneer in the legal occupation humanitarian road seems to go to Italy. The reality even more than we outsiders look more serious.

Eleven thirty on December 18, 2007, Baoji a hostel, the young lawyer surnamed white drink pesticide Dutch act dead. Analysis reported lawyers working pressure, dilemma is the fundamental cause of white Dutch act, and the occupation of lawyers grievances. In spite of the view is not a lawyer, but the industry is not the gold is the fact that does not dispute.

Wave is not flat, in March 27, 2008, Guangdong Chinese firm lawyers Ji Tongyan and Bao Cheng lawyer Huang Tao was taking legal advice as to the Shenzhen Longgang induced in an alley beaten before the court, fetching attention again. This has caused a strong reaction in Shenzhen is being held in the sixth lawyer Congress, lawyers urged to punish the murderer, guarantee the lawyer practicing environment.

February 9, 2010 7 am, Shandong province Zibo city Linzi District Huang Town four officer Wang Zhongliang villagers for civil disputes, knife, will Linzi Chunhui lawyer Xu Yongping and his son Xu Jiangfeng, four, village branch secretary Xu Baolin and his wife, Ding Xiuhua, four, and his wife Wang Yinglian Village Wang Zhongming, brother-in-law Wang Zhaoyu stab. Killed 5 people, injured 2 tragedies. (February 10th, people.com.cn)

This event is really make one's hair stand on end! The twelfth lunar month in the lunar calendar twenty-six, seems to be paper not reported in the media, I was only in March 15th that the legal blog a mourning poems in the news. After all this tragedy with the traditional festivals of the peaceful atmosphere is be misfits, and let the society produces fear psychology, do not spread or.

However, believe that this news will cause vibration in the legal profession.

I don't seem to have had dealings with Xu Yongping lawyer. But I was very familiar with this name. Because the adjacent Linzi Qingzhou District Court of Weifang city to my original work and the city of Zibo, especially my work court, Shao Zhuang Zi two town and Linzi only as a Zi are (of course, has dried up over the years.). Therefore, it seems Mr. Xu repeatedly in my court acting case, later, I in the court of the lab focuses on legal documents, seen many Xu lawyers acting case. The legal document, the impression of his legal level is good. Whether familiar or not, after all, is a legal person, or some like feeling.

Originally, I always thought that the judge occupation is a risk. Xu Yongping lawyers cases with the relevant authorities have not yet released. I search from the Baidu to a related information:

The assailant contracted to a factory in the village, the village is not due to broken, notice to transfer it to others. So, the person playing a lawsuit, lost. The assailant then and the new contractor logic, quarrels and hands-on. The result was the punishment. There was the scene. (unverified, quoting responsibility)

I generally agree with this information.

We see, our country is in an important period of strategic opportunities for economic and social development at present, but also in the period of social contradictions. With the establishment of socialist market economy, sustained and rapid economic and social development and democracy and the rule of law and accelerating the process of society, people increasingly high demands of fairness and justice, interests and safeguarding the rights and interests of desire more and more urgent, and increasingly pooled to judicial authorities, expecting to solve through legal channels. Not perfect, but our judicial system and working mechanism are not fit for the problems.

This year, Premier Wen's three people live in dignity, touches is particularly large for Chinese people. On February 27th, Premier Wen Jiabao in communication with friends, mention to realize human dignity must do three things: the state to protect everyone's freedom and human rights; the ultimate goal of national development is to meet the people's growing material and cultural needs; to create favorable conditions for human's free and all-round development.

Social justice is an important part of living with dignity. In this sense, feelings of the masses is the barometer, feelings of the masses is the steelyard. Our justice if people think, anxious people are anxious, to the people's interests and reform, get people's support and the support. Only in this way, so that the people can truly feel the effect of the reform, to truly feel the fairness and justice in the side.

If the lawyer Dutch act, because the occupation reprisal or a lawyer, shows the survey of income Shenzhen Lvxie did recently, per capita income two years Shenzhen lawyer attorney fees each year in more than 2000000 yuan lawyer only 2%, less than 300000 yuan of income law up to 77% (Southern Metropolis Daily in March 31, 2008 Shenzhen news A30 version). This is confirmed by the lawyer industry has long been popular "10% people occupied the inverted Pyramid structure income" 90% the rumor - empty. The inverted Pyramid structure of income in this case, occupy the spire is only a few particularly good and lucky bar, one of the most common lawyers as a huge tower, this is a competitive business people for the poor.

The problem lies, lawyer income far from public imagination of so high, lawyer, lawyer occupation pressure protection is difficult, this phenomenon is not generally perceived by the public. In January 19, 2008, as one of the representatives of the people NPC and CPPCC 24 audit partner Guangdong Guoxin united law firm in Guangdong Province forest phenylbutazone, on the "government work report" proposed recommendations, 3 emphasize law "too weak": not the right of investigation and evidence collection, in practice need to be done; a large number of non lawyers to pretend to play the Yu occupation, destruction moral; judicial inefficiency, difficult execution brings difficulty to the lawyer. He called on Lawyers' rights of investigation must be given in the legislation, and reflect the lawyers working in the government work report. However, his speech in addition to attract spectators laugh and do not seem to get too big response, until finally, a bystander still muttering: "lawyers are vulnerable groups?" ( 2008 January 20th Southern Metropolis Daily). Of course, the government work report more do not reflect.

In my opinion, the lawyer is absolutely vulnerable groups, to a certain extent but is wearing a lawyer robe worker. Unfortunately, our public light to see the bright side of lawyers, as the common discourse "to describe the lawyer occupation you wearing a crown of thorns and come, raise your hand the sword of justice......" , without notice or just ignored this industry. Of course, our people especially the peasants more bitter. The government report also did not solve their sufferings, so the law can only be placed in more behind the.

In the legal profession has a foreign lawyer joke is quite popular. Said a foreign aircraft suddenly encountered an unexpected risk in navigation, so the captain by broadcasting to all passengers released immediately make provision against a rainy day wearing a parachute command. After a while he asked Miss crew, passengers how prepared. Miss said, in addition to one of the passengers all ordered to do. The captain was very strange and asked what was the matter of her people, she said, who is a lawyer, was busy for everyone to send business cards, let everybody all processing legal problems for him. Most people say the joke is that lawyers greed, "money don't want"; I believe in many lawyers, lawyers that more competition, in the crucial moment is for business and "sacrifice life for laws", the "dedication" spirit under the cover is how cruel competition fact, cause the life and death leave, how a "miserable" word!

Outsiders in general industry (and even judges and prosecutors, judicial police colleagues) view, the lawyer's income is absolutely "Hanlaobaoshou", regardless of winning or losing his case is a penny less will not take, and judges have mediation in a divorce case, received only fifty yuan costs (also have a lot of the turned over to the State Treasury), but at least they received the lawyer client one thousand, privately also heard of a lawyer thirty thousand yuan package divorce thing, the cases of economic crime in criminal cases, a few million yuan or even hundreds of thousands of it happens. Use the mouth to open several court (some may be only a tribunal mediation) is how much income, needless to say to others, if I had not been in the industry have made the investigation I tend to be jealous of, what they have such a high income and guaranteed? Lawyers in the Chinese is definitely an enviable occupation.

As the saying goes, can not see the thief meat does not think the thief beaten, I'd like to say about the hardships of lawyers. I remember a few years ago procuratorial daily legal review version with two in the same position published "why didn't I go when the law" article, the author summarizes the three reason is "don't intimidate party", "do not want to contact with a judge", "not to drink", on the deep analysis of the the lawyer industry related to abnormal condition, I agree with the first argument. Generally speaking lawyer cases are family parties looking, of course, there are some lawyers because of various reasons will monopolize certain sectors of the business, but after all, only a few. This is the industry often say the source problem. The parties can you defend or litigation, criminal people would you to plead innocent. But criminal cases generally will be after the public security, procuratorial two threshold, if by your hand one by one, you have to argue the innocence, these people are people of these institutions is idle? I studied law at university teacher once said, if you will be a lawyer for a lifetime to make a success of the innocence, your name will be recorded in history. At that time, most of us are not convinced, think this is not difficult. But the fact that we are wrong, my fellow students and girls all over the country engaged in lawyer occupation is not a few, maybe I with very limited knowledge and scanty information, had not heard who had successful pleading innocence, instead found from the media some commitment to the party defended himself allegedly went to jail. I think of a judge in a petition of the party said, "if the US court case were wrong, those of us who would have gone into another, the court had not to exist", although it is not necessarily correct, but there is some truth. Then again, if the court injustice, parties would not resort to the law, the lawyer is more lack scope for their abilities. Seek truth from facts, civil trial than criminal may realize Party wins the lawsuit odds a little wish. But if you were to implement the risk agency lawyers, 10 million don't rejoice, filing, trial, execution of a trial of second instance and again and three of the retrial procedure, many links, which links a problem will make the risk agents become "the agent risk", and do not accept, most of the cases will be difficult to recover the cost, most lawyers have to drink the Northwest wind.

The mid 90's of last century, one of the national leaders have very lofty sentiments and aspirations to forecast, to 2000 China need 400000 lawyers (judges, prosecutors, other law talents). Even in 2008, only about 140000 of the country lawyer, but the legal service market competition has become white hot. This again shows that, the legal services industry is more subject to market the ruthless hand rather than the government's hand.

Wipe with the lawyer occupation in the unreal, also lawyer occupation with its true colours, it is a pressing matter of the moment. The lawyer is neither angel nor the demons, because the lawyers in the world!

Five, as the legal occupation people how lawyers and achievements

Suddenly thought of the problem. originates from a lawyer and a. He said, if you are a defendant to hire a lawyer, you will call a lawyer or a less famous lawyer? Assuming costs under the premise of not too big difference? ? yes, it costs the same, I'm not a fool, and of course the name. He shook his head. I wonder. He said, lawyer, general love Zoupian Jian Feng, often love pleaded not guilty. The defendant a lawyer said innocent, often insist pleaded not guilty, because plea attitude is not good, we often lost sentenced to probation conditions. You say, what is the real criminal was sentenced to probation better the defendant? Of course, we should believe that most into court cases are guilty, because the public security's level is now less than past. I listen to, think about their results. I can't think of. Just listen to without taking it seriously.

There is a case, the case is very simple: public prosecution accused Ma Mou, Zhang said on one day late at night in a secluded place will be the victim of song Le down, take 2000 yuan, mobile phone, the prosecution decided the two defendants constitute the crime of robbery, and brought to the court in accordance with the law. However, the two defendants who called it not le the defendant's neck, that is to say, the defendant that the absence of violence, does not constitute the crime of robbery.

After accepting a commission, an old a little two lawyers access to files, met with the defendant, the defendant can prove that violent plot only a piece of evidence: the victim statement. The defense opinion young lawyer, thinks the prosecution that the actions of the two defendants constitute the crime of robbery for lack of evidence, qualitative to snatch more appropriate. However, has employed fifteen years old lawyer said to my sincere words and earnest wishes: it's not the case, it is best not to clash with the public prosecutor. So, the final benefit is concerned, perhaps finally sentenced to probation. On the court, lawyers do light offence defense for zhang. It is very shocked and shame: another no lawyers to the accused party A, by means of legal knowledge in the temporary learning vocal do not constitute the crime of robbery defence.

The verdict came out, confirms the old lawyer experience: Zhang for probation, Ma is a real punishment. When you see Zhang's family took the judgment be jubilant to lawyers Thanksgiving, young lawyers the heart is full of doubt: if I was according to their own opinions of the defense, will be the result? For a long time, we know: like this against the defense, not uncommon in the industry.

The lawyer of the difficulty is to pull the source and not to the party that. The key to pull the source lies in to the parties to the hope. Draw on the advantages and avoid disadvantages is a human instinct, as a modern day economic person, each party must consider the cost and risk of litigation, if you tell the truth they will probably not litigate, once people have to "pull on" you're wasting wax, your intellectual labor will be wasted (on lawyers for legal advice is also a kind of intellectual labor); you give people that, if the risk, they do not give you the money you have bitter could not say, after all, regardless of the outcome of the lawsuit, as a lawyer, labor is inevitable, visible Hanlaobaoshou there is a reasonable basis. There was once a famous lawyer told me about this matter, he express volumes to say, this the lawyer is a dilemma, like a tightrope as no one has a bit careless, otherwise will be wiped out ending.

Some people think that losing lawyer. The case against the benefits, not the parties competing for implementation, and shall pay the litigation costs and attorneys fees and the time and effort, on appeal will often change another lawyer to act. If this is wrong, because the procedure and risk is not separately, but also relates to all aspects of social factors. If the lawyer in the receiving Commission extremely optimistic, disposal during the course of the transaction, pay no heed to the evidence to abandon and application seriously wrong, then appointed lawyer must be dereliction of duty, this situation can change law. But if the parties themselves in the burden of proof on the objective situation, lawyers in the adverse situation to and for, or due to other social factors, then even if losing is not attributable to the fault of the lawyer, without analysis of vent on lawyers is insufficient, unfavorable to the ultimate successfully solve the case. In fact, no lawyers don't expect his party wins the lawsuit, because each case is also a lawyer works, is easy to change a not familiar to lawyers, is more unwise. In addition to not only look at the incredibly judgement or not that lawyer.

In fact, it seems to me, not just me, it seems people are timid law. They give us a contract, we always consider a half day. And those entrepreneurs, seems to culture is not high, at a profit, to make a prompt decision, a word, "dry"! So make a basin full earthen bowl. And there they began to count the money, people are still thinking of law, in case of how to do risk? Such as the thought is mature, the business had yellow.

This is one of the reasons of legal people including lawyers do not do business, because you think too much. Some people always ask me, since your legal advocate "without law prohibition can all be (all free)", why do you always think about 1000 million, this is not it fails, the final bungled opportunities? To say, this is not our legal person's fault, if you must say is the legal person's fault, that is the legal thinking.

Cite a simple example. There is a famous saying in law, said that "no relief, no right" (A right without remedy is not right) and "remedy precedes rights" (Remedy Precedes Rights) or "a right without remedy is not a right". This is Xiao for law legal maxims are emphasized, relief plays an important role in the realization of the rights. If people pay close attention to the right, relief must pay close attention to the right. In the modern country, and judicial relief is always closely linked. Citizens in violation of the rights of particular, can only resort to the Justice Institutions to obtain effective judicial relief, has the legal meaning of the right to exist in order to.

You may ask, since such, others hurt me is the invasion of my personal rights, he should compensate me, why do you always advised me everywhere law with great care, avoid incidents?

In fact, our legal purpose is for your benefit. You hurt, from a legal point of view should certainly by the infringer to compensate for the loss of your body, and even loss of the spirit. But be injured in the sinews or bones for one hundred days, the pain is necessary for you to bear? But in some cases, if you circumspect, may infringement cases will not occur. In this case, you Is it right? Choice be timid and overcautious?

Finally talk about the image of lawyers my ideal.

One is to look at the card. General lawyers and clients, often send a card, the lawyers, it is a need of business marketing, that is the identity of the. Because we Chinese don't like naked directly see the lawyer certificate. And the fake lawyers often vomit a lotus, but that does not give you a card.

Two is to look at the card recording. Generally speaking, the regular lawyer business card is written law firm name and name and your contact information.

Of course, there will be a large head with some lawyer business card, such as membership, Guangdong Province Chinese Lawyers Association Bar Association members like, this is true, because the lawyer, it certainly is a member of the association. Some of these, like the president, you can look, but don't too superstitious. Because the law is on the business level to speak, not by you.

Can you believe that Chairman Mao's name will be printed on the membership, Chinese Poetry Association famous poet, old Red Army, the old revolutionary like the title? I have a saying, said to see a person, business cards, the less likely post identity had higher levels of. For example, there are those who spend Lihu little things you really seen the University's card? So, you believe I don't superstitious card.

In addition, there is a must-have item on the card, that is the practicing certificate no.. Of course, if you understand the network, can be used as keywords in the online typing this lawyer's name plus a lawyer, the formal law should have information available. Because every year the judiciary should notice on the annual lawyers in the media.

Three is to look at the meeting place. Although the formal law firm may meet you in restaurants, bars, hotels and other places, but they usually make some important business activities in the law firm lawyers office, such as signed agency contract, charging, and fake lawyer is more in the non formal places.

The four is to listen to an attorney. The formal law in order to attract business, also may exaggerate your own ability. But I must tell you, if the lawyer's criminal, civil, economic, administrative and other cases without knowing, I can tell you for certain, this lawyer levels may have to doubt. The reason is simple, the law now complex, take all the world's lawyer is not present.

To hear the lawyer had promised. A real lawyer will often tell you, he will be "authorized by Zhong affairs", but he won't give you that, said the case will win. Because this behavior is a lawyer and lawyer occupation morals are strictly prohibited.

Six see contract. Generally speaking, between the regular lawyer and client is the standard contract signed print, and lawyers will allow you to read the contract carefully, even a detailed explanation of on fees and agency matters, prevent you from ambiguity. And the fake lawyer, often not and you sign the contract, even if there is a contract, often also urged you to sign, you are not allowed to read.

In April 15, 2007 Foshan daily published a Xinhua Hohhot of Mar. In 2006 June, live in Morin Dawa Daur Autonomous Banner in Hulun Buir city as a, hire the city a lawyer acting civil case, when the two sides did not sign a written contract. After trying a case, as a lawyer has to pay 4000 yuan fee. In 2006 April, the law firms to Mo flag a suit in a people's court, according to the requirements as a "the Inner Mongolia Autonomous Region lawyer service fees standard" involving property relationship of 100000 to 500000 yuan per 5%-4% standard fee of 5% standard pay agency fees. After the court of first instance that, because at that time the two sides did not sign the contract, there is no clear agreement on fees, it should be "middle the Inner Mongolia Autonomous Region lawyer service fees standard" value according to the object of action 4.5% collection agency fees is more appropriate, so the sentence the defendant as a plaintiff in a law firm agency fees of more than 16000 yuan.

This decision is correct? Is not only incorrect, but also completely wrong.

This case is a contract. Contract law the 405th regulation, upon completion of the entrusted affair agent, the principal shall pay remuneration to the. In this case, lawyers lawyers completed civil agency as a duty, to pay a 4000 yuan reward. The key question is: lawyers should be "according to the" the Inner Mongolia Autonomous Region lawyer service fees standard "involving property relationship of 100000 to 500000 yuan per 5%-4% standard fee of 5% standard pay agency fees", the burden of proof in? The Civil Procedure Law of China stipulates the who who advocated the principle of burden of proof (sixty-fourth), "the Supreme People's court" several regulations about the civil action evidence article fifth paragraph third stipulates that "the dispute on the agency, which maintains a proxy party should bear the burden of proof", in law not definite proof case, we the court based on what has found the "by" the Inner Mongolia Autonomous Region lawyer service reference charges involving property relationship "in 100000 to 500000 yuan fee" according to the 5%-4% standards agreed? To emphasize a point, "the Inner Mongolia Autonomous Region lawyer service fees standard" is only a reference standard fees, without forcing. Moreover, the contract law article forty-first and clearly defined, dispute the understanding of the standard terms occurs, it shall be interpreted according to general understanding. There are two more on the interpretation of terms of format, shall make a decision not to provide an explanation of terms of format. So, clearly, if the charge for an unknown, shall be at a disadvantage is a lawyer.

The lawyer agency contract Is it right? Must be written form? The current law has not stipulated. But generally speaking, the parties must submit a signed or sealed by the principal of a power of attorney to the court (Civil Procedure Law Article fifty-ninth), lawyers shall be subject to the court to the court issued a letter law firm (Law fortieth: lawyers in the practice activities shall not accept the Commission, fees, accept the client's property or other interest), court will recognize the existence of the agency relationship. While the contract is the same meaning that the product, this power of attorney Is it right? Writing? Step back and say, even if does not acknowledge the contract in written form, the contract law the tenth regulation, the parties entered into a contract, written form, oral or other forms. Laws, administrative rules and regulations of the written form, shall be made in written form. In the law, administrative regulations, no assumptions imposed by written form under the premise of the agency agreement, what's wrong?

Simple reasoning, as a legal professional services firms do not provide explicit containing charges agent contract has been wrong before, the court ruled the wrong and benefit, and that "no person shall because of its illegal benefit" saying is not consistent, and civil law the honest credit principle. Center responsible person "the parties shall sign a written contract with the lawyers, a clear agreement" on many issues including charges, which in the end is the obligation of the parties or the obligation of lawyers? Reportedly, China's lawyer industry, Deng Gang lawsuit in accordance with the contract, clearly the case size charge, big case for a coat, a small case for a pair of shorts, say today's society has the integrity to lawyers don't agreed charges has not? It also sued stem what?

Step back, the court by what can be identified "because at that time the two sides did not sign an agency contract, there is no clear agreement on fees, it should be" middle the Inner Mongolia Autonomous Region lawyer service fees standard "value according to the object of action 4.5% collection agency fees more appropriate"? This is more appropriate to judge from why and come? As we know, the court to the contract default payment is too high or too low to the right to increase or decrease (contract law article 114th), is said to the object of action also has the right balance? This is the deviation and passive neutrality does not appeal to ignore the court.

No specific charges lawyer but won the benefits, this let us be good law is not to say, is just the meaning of such decision? This judgment is what education significance for us ordinary people? At present, there are scholars such as Yale, Harvard, Mr. Feng Xiang denounced both lawyers is a useless occupation. Although biased, but such as Inner Mongolia Huhhot court judgment, is tantamount to the role of this lawyer virtual both inflame one's anger. The decision thinking and application of law for normal people difficult to understand.

Look at the seven charges. Normal lawyers tend to explain to you he charges based on documents and standards. If you think too much, he might also lower fee standards, but not too large difference. In addition, more importantly, a regular lawyer may charge you fees with white, but he must be as soon as possible with an official receipt for your white, because white type the judicial administrative organ and the lawyers association without the exchange of law firms privately, charge is very severe punishment.

Eight is private communication. The formal law absolutely didn't like accept the idle away in seeking pleasure entertain, not to mention the encouraged and even a threat to the dinner. The reason is simple, real lawyer also came out from the school of law, lawyers for legal division, the righteous. And every day and not legal choice.

Nine to see and judge. The formal law may also to the parties or bright or dark show and a court, a judge, but has a point, a regular lawyer never encourage parties to judge a gift, not to mention the receiving party money for gifts to a judge. The reason is simple, because in our country bribery 5000 yuan to constitute a crime, and once a criminal, it must be expelled from the team of lawyers. The law of the people, you except what laws do?

Look at the ten analysis on the case. The formal law often and real parties of the case, not to win but to the artificial false or professor. The reason is simple, because it is illegal and even criminal.

These ten points, can the true law firm to distinguish from the fake lawyers?

Only a short while ago, the people's court's power is "on the tube tube to the world". This is because in the process of rule of law, from the past emphasis on private relief and to the modern rule of law reality; another issue the court in its location, the people's court, the people set penalty, and a body (foreign general constitution, labor, state court and many other Division), the the power of nature is not a small glimpse. From the perspective of the society, the function of the court to adjust the social life aspects, and the court also because the sphere of influence in some cases do not in fact to do. Therefore, in recent years, many high level in different occasions stressed that the limited judicial, demonstrates the guiding role, the judicial organ level that is: justice is not a panacea.

What is law? As some commentators have pointed out, the law is the rigid line of a society, its defense is the social equity and justice of at least, but it is not all-purpose adhesive, not all wounds law can be used to heal.

This may be related to the publicity of laws and universal theory still have little difference. We don't know the ordinary people, our authority, our courts and judges can adapt to this change and difference. I spent 20 years to realize this point.

Article source:Http://qzfywxt.fyfz.cn/art/855812.htm The last access time: December 27, 2010