New beginning, everything has to be done. This is destined to change the transition time, every politician and citizens, have a common dream, look through the rule of law to build and maintain a harmonious society, to solve social conflicts through participation and interaction with each other. For lawyers, this not only is their dream, but they seek a way of life. This way of life can be accepted for the China society, involves some basic topics, can not be ignored.

                                       The noble and vulgar

  In a sense, the lawyer is a singular existence. As a kind of occupation, they "eat rice road", each with justice, and just start, and often originated from a "legal fees" of the contract, the lingering commercial property, make the lawyer vulnerable to the world fashion. Although people know, no one can be hungry to defend justice, lawyers, judges, prosecutors also difficult exception, but in the open just before the trip, but the first and the parties for a supply of sth., among all kinds of legal person, only the unique characteristics of such a lawyer occupation, because this occupation, lawyers always involved a noble and vulgar shadow.

  Although the court charges in the case, but this action because of the personal interest and no hook, so less involved in individual judges, at least I had not heard due to lost and asked the judge to refund cases. But "money" those things, but every lawyer phase entanglement, and sometimes became lawyers handle criticism. Two years ago, Chongqing has the charges against Li Zhuang, should take the matter on its merits, take the terminology talk in court, but "foreplay", a moral denigration is, so-called "money, people stupid, quick"; the so-called "one hand money, a fisher of men", according to a greedy heart, lawyer, lovingly vivid, it is also the ethical qualitative such, against the public disorder into the sin of Li Zhuang. This means, inevitably reminiscent of spring and autumn and the Warring States period, Zheng Guo's prime minister son "kill Deng and kill", one of the crimes enumerated is "profit at other's expense". Visible, with "money" thing slander lawyer, is the most easy to please people feel.

  Let the lofty refused vulgar, it is the world's imagination. With such imagination, lawyers or otherworldly God, or be reckless with greed. When they all justice in judgment, the evaluation of this occupation "noble" will be overwhelming; when they reject private benefit case, about the occupation "vulgar" spat will come rolling. Dong Zhongshu said: "do not for the benefit of its meaning", meaning that, justice, people should not keep the heart of the utilitarian, but unfortunately, this utopia to expect in an occupation, it is not realistic. Therefore, I believe that Mr. Qian Muwei said: "in fact, utility in moral, moral utility great person". The ideal and the reality, the noble and vulgar, originally is compatible coexistence. The lawyer's justice, is filled in the bill of justice and justice; law, with justice, will also earn a living man, neither of them is the embodiment of justice, not the slave of money. See a lawyer with a common heart, also lawyers for the truth, this is the responsibility of society, and forgiveness.

  The lawyer, keep to the trivial affairs, vulgar beneath the lofty mission, or is a kind of inevitable. The lawyer was on "business", but not "commercial", one of the master, is the key for their social recognition.

                                       Conflict and fusion

  "Lawyers live tired", this is we often hear the sigh. Why do lawyers live tired? A deep political reason and cultural background.

   Since the system of lawyer made so far, the lawyer occupation in Chinese history of over one hundred years, in a century's time, many of the same is produced to have strong occupation, such as doctor, its development continuously, has graced their capital. But the lawyer occupation, after twice and twice resurrected life died, still showing a "calcium deficiency".

    The lawyer "calcium deficiency", because it is the survival of the soil and lack of adequate nutrients. China is a power oriented society, this is the pattern for thousands of years has not changed, "the power of light right", has always been the way of choice for this pattern, and the lawyer's duty to protect the rights of the parties, each, not a contradiction and social pattern, more challenge to totalitarian order layer. Therefore, power constraints limit the development of space law, naturally or half unconsciously occupation, is a natural choice. In this context, some extreme cases, occurred in the lawyer's body appears to be accidental, it includes "monkey see" means in which, people often feel rejected official treat lawyer.

   Although the law is not necessarily "and the country's most incompatible occupation", but with some conflicts existing national political system, is obviously. Characteristics of political system nowadays, choke the instance, there are the following several points: the totalitarian, no constitutionalism; property, no checks and balances; there is the ruling party, no opposition; regardless of Party and government, party over the administrative, judicial. While the lawyer's duty, each to balance the totalitarian, and agents of various stakeholders are equal game, it relied on the political ecology, is the constitutional government and the independence of the judiciary; is the "God of Jesus, Kaiser's Kaiser tube"; there is no power arrogation of harmony, but such political ecology, past Chinese never there have been, the China still does not have. Therefore I have said, the lawyer system implantation China, or is a beautiful mistake.

   In contrast, the conflict with the judicial function orientation, is more intuitive.

    In my limited cognitive, the justice of a country, has its political attribute, but this does not mean that can replace the law, political, or become the judicial standards. The judge's "politics", the most easily confused, is "political" and "law". Since the beginning of 2008, when the Supreme People's court Wang Shengjun put forward "to the three first (the party's cause first, the people's interests first, the supremacy of constitutional law.) Reflected in the trial work, embodied in every case processing ", the first faint is jurist," lack of knowledge, and shame ", so, Beijing University professor He Weifang the first to raise questions:" three first who first?" However Chinese large, one to his explanation. I guess even though he has been a teacher in the law circle, the celebrated people, probably "pain and confused with".

    In the "politics" pattern, "three first who first?" In the court system has a solution: when the three are unified, should be based on the Constitution and the law ruling; when there is a contradiction between the three, should be on people's interests in constitutional law, will the career of the party in the people's interests and constitutional law. So judicial orientation, will inevitably and the lawyer's appeal collision deeply and widely. Cover lawyer's legal responsibility, shall safeguard the lawful rights and interests, maintain the correct enforcement of law, and maintain the social fairness and justice, the lawyer representing "the legitimate rights and interests" and "party" or "the people's interests" conflict, the judge may choose the "constitutional law" to ignore, and at the expense of the parties the legitimate rights and interests, so in criminal cases, is also the case in administrative litigation, disputes. Method the treacherous, the helpless, so concentrated in real life, justice noble ideal, the judicial idea, is quietly undergoing some kind of alienation, "promised the laws of justice, is becoming the unjust excuse", so, we are not difficult to understand, why has anger the lawyer, threatened to go to court the door "somersault"; and why a headstrong lawyer, vowed to some grievance "Sike" to the end. The occupation of struggling footprint, a maze is China culture.

  The lawyer is tired, not completely is not the occupation and the political ecology and judicial system, in the cultural background between the lawyer and the secular concept, functions, there is also a long history of conflict.

  In the criminal defense as an example, Chinese for criminal defense lawyers', to a large extent by the instinct likes and dislikes. Early in the last century twenty or thirty's, Zhang Shizhao dare to appear in court to have John Chen Duxiu "endangering the Republic" case vigorously defended, by people praise for "very old righteous wind"; and as for Zhou Fohai, high Bingfang, Yin Rugeng, defense, and was ridiculed as "our lord". The early eighty's of last century, as the "Gang of four" lawyer group, also suffered a huge challenge from secular, their "heresy to talk", many suffering from the "Gang of four" by the eyes of the people, is tantamount to an extraordinary crime. And in 2009, when Zhao Changqing Li Qiang debate, assault still can be heard without end, the most infamous hat than the "black society a person who offers bad advice". Overheated response to this, Professor Zhao Changqing as a "China legal education failure". I'm surprised is, from Zhang Shizhao to Zhao Changqing, Chinese see lawyers attitude, after 100 years of baptism, each easily into the original, the sorrow, when more than one occupation.

  Of course, from a positive perspective, any fate can overturn. Although the lawyer occupation and Chinese political ecology, judicial orientation and cultural concept of the existence of many conflicts, but the occupation twice reborn, but indicates the necessity of it exist in the Chinese society. There is a story that, afford much food for thought, "the public prosecutor, law" was smashed, the lawyer occupation The whole army was wiped out. defy laws human and divine, in the world, only Beijing retained a "legal counsel" lawyers ", there are four or five people" are arranged here receive pay, specializing in dealing with foreign guests to visit, in order to maintain the state of face. One day, a Yugoslavia legal delegations, defense lawyer in court China requirements, emergency notification leading legal advisory office, find a lawyer to perform a robbery defence. So, "lawyer" stage, show talk show, a variety of procedures to walk, guests very satisfied, be profuse in praise of the socialist China judicial situation. Visible, even in the exclusion rule of law, destroy the law era, the official also certainly know that a country cannot cure shame, no lawyers embarrassed. Today, I am afraid no one will doubt the existence value of the bar.

  The traditional Chinese society without a lawyer. Under the rule of men tilling the farm and womenweaving imperial subjects, breed, already used to resign oneself to adversity, had not thought of a lawyer to help management rights "". Although the hungry rebel, the alien invasion, but also the change dynasties, serve the world, any lawyer, a place to live in. However the world changes of modern times, changes the evolution Chinese pay no heed to the. The trend of the world, go forward with great strength and vigour, Shun Chang inverse of death. Chinese unavoidable modernization process, it is difficult to avoid in the process of modernization of the rule of law, but also difficult to refuse in the context of law lawyer occupation. The crux of the problem, Chinese accepted a lawyer, how to make the healthy development of the occupation? How to let the occupation play its due function? In the event of a conflict between our political system, the judicial system and law, is determined to reform system, or the lawyer training to the old system under the "obedient"? In the event of a conflict between the secular concept of our and lawyers, is compulsory lawyer kitsch, or the study of Mr. Liang Qichao's "new people"? Ask more bluntly, when lawyers made the weight of envy, is under the pain killer, or width to accommodate? All of these problems, Chinese evolution is not open around the sections, the answers to these questions, will be directly related to the lawyer occupation can be truly integrated into the China society.

                                Restriction and breakthrough

  Since 1979, the lawyer system, has been more than thirty years. Over the past thirty years, the lawyer occupation in Chinese society, have hitherto unknown weather. From the thousands of people first, to now thousands of people; from the original simple litigation agent and counsel, and now the business wide extension; from the initial "legal workers" national identity "practitioners", to provide legal services to the public ", and then to provide legal services for a client practitioners"; the first single from the firm, now by the partnership, the coexistence of a variety of forms as the main body; from the one-way administrative model originally, now "two combination" management mode, the lawyer occupation after blood color and die, is entering a new era.

  However, a new era of lawyer occupation, and not as people expected to shine, it looks gorgeous figure, each depression and non vortex; it seems just arrogance, each challenged by the society, independent character with its born, every official detention. I have observed this occupation, often have a strange feeling, as if to see a bear the weight of the people, always in the road around the circle, from chaos to chaos, and back to.

  The lawyer's positioning as an example. From "legal workers" countries, change "to provide legal services to the public", and then to the evolution of "to provide legal services for a client practitioners", which is obviously a progress in legislation, it not only removed the lawyer "the family" coat, which connects with the world practice, more let the services of a lawyer become definite and clear. But in recent years the Ministry of justice from the legislation, the lawyer called "socialist legal workers" China characteristics, its under the leadership of the all China Lawyers Association is the new name in writing articles, people can not help but fantastic. Before the legislation was not modified, the legitimacy of the first should be questioned, not only so, return the "practice" to "legal workers", and the "legal workers" is actually "doctrine", rather than "country", makes people more fantastic.

  "Who" what is law? Not only the social confusion, even the lawyer himself, but also confused. When the lawyer "is defined" as "socialist legal workers" China characteristics, means that the innate "standing on the other side" think and speak of occupation, will have to be alienated from their duty, become "politics, the overall situation, discipline" a "team". I don't understand is, between the nine words "loyalty and perform the duty of a lawyer mission", what is a relationship? When the lawyer's "mission" to "political conflict" or "overall situation", will be how to choose?

  Through the change the position of lawyer, is not difficult to see that the dominant role of the judicial administrative organ on the left and the right of lawyer approach. Afford much food for thought is, these play a role, but in the "two combination" of the management system. According to its original meaning, the so-called "two combinations", refers to the self-discipline management administration and the bar association of the judicial administrative organs of the combination, the former management functions are mainly embodied in the legal profession supervision and guidance, access and administrative punishment etc, it focuses on perfecting the system and to improve the job environment, development push the lawyer industry, regulation of lawyers also deviate from the design target of the system behavior. In addition to the management, should the power in Lawyers' association. However, the fact is not such, in practice, the judicial administrative organ on the large number of Lawyers Association of management services, directly led the bar "autonomous", including the election, disciplinary, evaluation and impact litigation position and so on, have taken the direct or indirect intervention, even the occupation role at the re definition of lawyers, "Chinese characteristics" domestication lawyer, make it become the "politics, the overall situation, discipline" and "good boy". Some scholars said that this mode is a "bird cage" policy, it becomes no longer like "lawyer law". It's a pity that the lawyer is committed to put power into the "cage", while the judicial administrative organ has put the law into the "cage".

  "To call on the palm of the food, the growth near the banished immortal", Mr Culden has cited the money his this poem, it is the bird still happiness within the. But the law is different from the bird, I guess most of them, are not.

                                Since the plastic and perfection

  Out and reform lawyer occupation, must depend on political reform and judicial reform, then the reduction in plastic, and through self - plastic toward autonomy. But this does not mean, lawyers need to "wait for the dawn", probably, the first occupation as, it is the energy to promote political reform and judicial reform.

  In recent years, lawyers have some new trends. In silence and negative association has always been behind, a group of lawyers spontaneous involvement in public affairs, especially concentrated in some sensitive proceedings, contrarian voice, against judicial injustice, the shortcomings of the system. Through the case of Li Zhuang, the Beihai case, the case, we can see a does not obey the law of rivers and lakes, they originated from the system, and then challenged the system; they seem less "politics, the overall situation, discipline", but the words and deeds, clearly and the pursuit of a more enlightened another more ambitious Bureau, political and more fair order; they deviate from the commercial trend, could easily and difficult to take, regardless of costs involved in some difficult cases, bitter heart, its labor force to the tip, dancing on the way of practice of social responsibility; they desire in the country under the rule of law in the discovery and create possibilities for justice, but also to the possibility of justice the rack one's brains. Can say, this group of lawyers, political participation in the temple than lawyers more valuable, as Mr. Zhang Sizhi said: "in order to know, regardless of its work, and in order to martyrdom, donate head at. Toe the line, proceed without hesitation; awe inspiring vigor, stand". The hypocrite grave now, compared with the sit and prattle about the general principle of chick, dare to put the legal struggle, is undoubtedly a "rare exist".

  However, the lawyer is after all a hold 20 Wanzhong group, the "do not obey the Jianghu" free here, is too small, go to the rivers and lakes in the "man", but also not lonely. Although each of us can read their desires and not with secular accompanied the aloof, but a noble cause, not the treasure and extended? If the rivers and lakes in the you think so too, can abandon those vaguely complacent and arrogant visible, to establish the "United Front" in the wider lawyers, since plastic is the enlightenment, the minority of the work into the public feelings, let this "calcium deficiency" occupation tough, when can get twice the result with half the effort effect. I view Youxi Jun Chen each can fade out the case, turn around the sermon, or there are such.

  Have a friend read my article "get big lawyer", said my lawyer problems "almost complain a lot". This may be true. In fact, as long as love this occupation, or the ups and downs in the workplace law, each concept all the bad in this occupation, will languish and resentful. Want to come now, such mood, not only It doesn't help the situation., prevents static enlightenment rationality. Good choice, than the use of complaints, return to work, self reflection and self-improvement, foreign to promote reform, the self - plastic com. perfection and occupation of the system, combined with the government, law of the people's needs, not only much public concern, will also "Sike" case, let the society recognized by law, let the lawyers into society, so many problems, lawyer, or will gradually become "is no longer a problem".

                                                     (originally published in the "financial" magazine March 18th)