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                 Tian Wenchang comments on "Criminal Procedure Law" (full version)
   The first lecture content do not say, I think the first lesson is a speech you very much looking forward to, but also quite worried speech. Hope lies in the formation of legal modification process, achievements, the worry is, Is it right? Can meet or larger meet our lawyers expectations, then I think the Tai Yun director speech, -- and I think Tai Yun director today this speech, one is to give us a comprehensive introduction and interpretation, but also you can listen to the lawyers of the voice, so IHope we listened to Tai Yun, after the speech, can be more serious send our sincere voice, let Tai Yun director back. The whole process of hope in this modified expression in the voice of reason, our lawyers fully, to come out more and more reaction.Time for Tai Yun director.

   In fact, I need not say more, everybody listen very carefully, I see not only with every seat taken, and only increase not decrease. Tai Yun director speech informative and clear, everyone benefited. We can see on the amendment of the Criminal Procedure Act, you have been worried. But in many areas there is a great breakthrough, especially for the protection of the rights and interests, protection of defense right, does have a lot of breakthrough. These results can also be said to be not easily won, Tai Yun director said, in the revision process, I am over the years, over and over again discussion, debate, and even fight, in this issue, weThe NPC Law Committee Room these presided over the drafting of the criminal law, these people include Tai Yun director, done a lot of work, I have the experience deeply. I want to take this opportunity, we as a token of thanks. (applause)

    According to the program is such, your questions, there are ten minutes of free time to speak, and then I do a review. Because nominal ACLA hair news will modify the file, finally has been submitted, I first say about the situation, in order to avoid duplication. I first raised the issue, we may question tell me about, I will briefly introduce to you the response to the problem, but also to the Tai Yun director reaction, then they continue to ask, can you?

    I say, positive breakthrough, the question I do not speak, I speak now. We think that to safeguard the rights and interests of defendants, suspects the security and law and some problems, I raise some questions, one is the common aspiration of all lawyers, one is not in line with our needs, and how the feasibility. When it comes to guilty beyond reasonable doubt problem, very important. Put forward to eliminate the concepts and rules of reasonable doubt, but there is controversy, my view is must persist beyond a reasonable doubt, some authorities, the other did not explain, I mean don't leave room for interpretation, an interpretation of no boundary, we finally explained, so this needs to be clear.

   The next chapterArticle 53The problem, the threat of violence. There is a very critical issue, the "carrot, corporal punishment, abuse" removed, I was very sad. Not only is the public security organs and procuratorial organs to adhere to this statement, I in many meetings, we see some scholars also adhere to this view, is the "carrot, enticement, deception, corporal punishment, abuse", should not be ruled out within the scope of the issues. We advocate the understanding of one of the mysteries that corporal punishment, abuse and inducements, too general, many are adopting this method, if this does not limit, is quite so white, played badly bruised from flogging. called torture to extract confessions, others do not call, the other is invisible. So I strongly request the problem must be considered, when necessary, take the necessary way, too serious.

   Tai Yun director said, many of us are also mentioned, some investigation way, to change the direction of investigation, we detect the level is limited, this is understandable, but another question my concern, is why some departments, must to torture to extract confessions to leave a room. The most terrible problem, I think to not investigation level, but for manufacturing Jiaan, manufacture evidence, the opportunity to leave. We all experience is too deep, we how many cases were made, including the major death penalty case, these people said that the level of difference can be solved, why can stick to this problem, because without this room, do not have this opportunity cannot make the case, this is the most terrible.This is not a crime suspect of infringement, the state power abuse, I think this problem must cause our each person's attention.

    NextArticle 56, illegal evidence exclusion problem, this problem I on the point, the two rule out before, we had to come out after the fact, after the dance for joy, greatly disappoint one's hopes, will not solve the problem basically. That does not allow the original court, you allow that now, but is very simple, the prosecution or the Public Security Bureau of a paper certificate, no, let you the defendant have one hundred mouth is of no use, have to appear in court or certainly better, but we the reconnaissance personnel's quality is very high, standing in the court. Can face not red, the heart does not jump to tell you no, how to eliminate, the burden of proof to prove the supplier? Recording how, can restrain yourself, my career in all cases, many times I put forward play audio and video, no time to meet, not once. The court not once. (applause).Some are not, there is no sowing, very few of the broadcast several times completely interpret out of context, you let you back,I said to the synchronization of uninterruptedIn particular, several all interpret out of context, not a full non-stop, not at all reasonable, how do the court, judge or not to utter a single word, or say that I also have no way. The staff attorney is not put, I put the provisions of the Supreme Procuratorate, Ministry of public security to read, this Is it right? Of the people's Republic of China, which is not provided in the people's Republic of China, the provisions of the two Is it right? Provisions, but he is not to put. So, this problem, so there are still loopholes. No recording cannot prove how to do? There is a good news, a unique, in Foshan -- I just do a, last year before the Spring Festival Office, two economic disputes, the Taiwanese enterprises, get Foshan court trial, I said all the ridiculous to the pole, like USA disputes interrogation in China, wrote that book, the judicial identification of the injury, not to broadcast audio and video, it identified the injury, the last instance of the exclusion of illegal evidence exclusion, guilty, announced the results before the Spring Festival, Spring Festival is the first working day after the procuratorate, now two trial, the court just after the court last week, is also no results. Fortunately, the defendant was in Taiwan, he went home. The Foshan or through judicial identification, exclusion of illegal evidence. So the two rules of the problem is too difficult, I don't know that lawyers have not encountered this problem can give director Huang said, we have not encountered the recording, we must have the number on the line.

    Article 186The witness appearing in court. This is a very key issue, this but, I think there is a major problem, may have been overlooked by our legislature, or by some authorities deliberately avoided. To solve the problem of witness protection, solve the problem of the consequences of the witness does not appear, but not related to not let the witnesses to appear in court and what are the consequences of. The key problem is not the witness not to appear in court, is not to let the witnesses to appear in court, everybody said Is it right?. How many inside the case, why not to witness, witness testimony can not accept scrutiny, some witnesses just outside the courtroom, not let to. Not only the prosecution, including the court also know, counsel for the witnesses to appear in court, but the court that is not necessary, not give up, this is the key problem, so the witness's unwilling to have the problem, but is not the most important, the most important is not to let the witnesses to appear in court. This problem must have legal consequences do not appear in court testimony of a witness, the witness is the key,Determine the nature of the case the witness does not appear in court testimony, can not be used as the basis for a final decision.This must be fixed, otherwise it is nothing. This I have sufficient reason, my experience of 30 years is such, even 5%, 1% witnesses are not. I had nearly 30 years of trial, the witness even five are not.

   So what is the key problem, I think this problem should be fully taken into account, not the appearance of witness testimony excluded consequences to be mentioned.

    Article 49The threat, enticement, deceit. The problem in the family, children, relatives were caught, beaten, threats, many traitor is my son, the indomitable, then the woman caught the mutiny, then like this, can we do this? A case, a Soviet marshal was Stalin caught, admit that he is a spy, is the spy, traitor, vindicated decades later, he admitted that is afraid of his family was compromised, he in order to protect the family admit, you make this threat nobody. Is to take the children, parents, father, mother of seven, eighty year old knelt there, it is anybody can not? There is deceit, you said you put out, or that there is no problem, if the threat, enticement, deceit is not within the scope of exclusion of illegal evidence, that is equal to the exclusion of 10%. 90% can not be ruled out, I can't understand some of our scholars also hold this view, I really disagree.

   A few days ago, a symposium on torture to extract confessions in the southwest, had several papers that threat, inducement, fraud trial activities should have meaning. Professor Wang Minyuan said, if it is a science, it is the demise of one science. You through this trial open mouth, since it is the open mouth of course is powerful, but you should not use open mouth way of doing academic research, but also not out of the misunderstanding, it is very terrible problem.

   AlsoArticle 155,Send the problem immediately, this is very important, most of us are on the outside, but still did not say, I am not there. How to do, and now most of the cases are tried in the monitoring sites, monitoring places you in the case can not do illegal evidence exclusion. I do, you don't have a way all, so this is a problem.

    On the right of defense, defense right what I noticed, difficult to accept very,Article 33"Entrusted, inform the authorities handling the case", which do not know who proposed. My lawyer's duty to tell you the case handling organ, mention it as if it is without what big question, but a write, the problem is big, he looks for you to check, as long as you don't tell me, you can limit your activities. I was in Beijing three weeks ago to meet a strange, a guard in Beijing City, to meet the second instance of the suspects, let me go to the seal, the lawyers law no, no criminal law, 30 years did not encounter, today how appearance? They say you is not sealed, do not know Is it right? Client. Client relationship with me, and you keep all the court and what relationship? The reason is family entrust to more people, I don't know which one is, this is an isolated case, you find the defendant the verification is done, how to let my lawyer receive court approval, if coupled with the lawyer has the obligation to inform is finished, my lawyer entrusted, completely is the relationship between lawyers and the parties, I to the detention center, must tell you I was the principal, a court to also tell you, don't tell you simply can not enter this program, but if the obligation of informing, will be informed in advance. I pay the attorney before the court, Beijing court said you can not appear in court, had to give up three days in advance, I let my assistant to take over, no, have to go.

    I want to go to court, I must tell you, I have a lawyer's letter, I to the house of detention, the court must tell you, you add to inform, become informed in advance, you don't tell will not let you in, this is a problem.

   Article 37There is a major breakthrough, is law leak problem. But I want to write is not enough, opinions should be enriched as a case to verify the evidence, you said verification, he said you can be verified, but not to him, your verbal verification, can verify? Afterwards, consensus, signature can verify? To verify the must see, and I checked the provisions, any suspects and accused persons have to understand the case of the power, through a lawyer to understand, if not a lawyer, the prosecutor to understand, this is international practice. Our activity is to enter the defendant to identify, so if you do not add to verify the content, also have a problem. We verify the evidence, to ensure the normal, one not careful will be loopholes.

    Article 38There is a problem, not the mention, replication problems. We copy write very clearly, but now we have a lot of problems, and now some let only copy not copy, some only to copy, not take pictures, and only let the pictures don't copy, 700 the papers, do not take pictures, copy. How to copy, have to print bad many copiers, so we suggest, our legislation is not according to the students, can be used to copy the copy, photography, because the fact of our lawyers too, had to be so. There is a one piece of paper, and the lawyer took the money to buy three copier to complex. I do not give you the court, say not good, we bought three copier. All I said is true, not a bit fake. So now I'mTake photos, copy, copy files.

    Article 39Evidence of the problem. Notice the lawyer to forensics problem. On lawyer to collect evidence, so I've been stressed, lawyers right to collect evidence is not evidence is public, private forensics, you must have forced party evidence of what power, I never power. You the judicial organ forensics rights and legal evidence of the right is two concepts, the old saying that lawyers have what right, as long as you are not limited to my collection, I have the right to ask for you, he won't tell me right, especially as approved by the Beihai side of the evidence, that no one approved, some people are neutral, there is no way to control who is the witness, who is the witness for the defence, or there are some things you can not find, I find, the concept itself does not define who is the witness, but also by the court approval to survey. The lawyer had no power, attorney in fact itself is not willing to investigation, investigation of lawyers have so big risk, but in order to be responsible for cases, lawyers have to survey,Must take the lawyer's right of investigating and write, without any approvalThe parties can do, how to do, but without court approval, any person must cooperate with the investigation, don't also helpless, but you can't limit my lawyer.

    Article 4238, is the original, this problem up, said that for so many years, especially in the Beihai case of the outbreak is very important. I speak, Beihai case law is the phenomenon of persecution for years by 306, the lawyer's revenge. Lawyers said that tragedy is not excessive, Beihai Yang Haiqing case, two other lawyers have no investigation, even the witness's face not seen as a crime, 306 arrested, 306 be, take revenge by lawyer means necessary, effective means. So in this case, also do not cancel, when. But here I also very painful, I think we have internal disputes, sometimes stubborn, I don't want to talk about it. Just three days ago, the Ministry of justice before the minister, foreign minister Zhang Yunsen, the Law Committee with the CPPCC National Committee, the right to defense counsel to the National Committee of the CPPCC, ask my opinion, I strongly suggest 306 problems, change 38 pieces of the criminal procedure law, we must cancel. Zhang said at the time that this problem can be seriously considered. There was a famous lawyer stood up to reply me, say 306 has the necessity, rationality, and argue with me for several days, he argued cannot cancel. If the 306 we ourselves may not cancel it, how to explain. 306 there are two views, one is discriminatory provisions, article 307 provides a clear, why to take out the law, why not bring forward the public security organs, clearly discriminatory, second clear guidance, 306, used to guide with this man.

   Lectures in the Justice Department Office of the three training, I was warned, I said out of this clause, a large number of lawyers will be caught. The second proposed to apologize, I said "will be" caught, in my first lecture after lecture before second had been started caught. You cancelled, fundamental environment does not solve, will not solve the problem, but if you cancel it will also serve as reminders. I took it off, that should no longer have a lawyer, there is a point of view, I have also considered, I visited the world two big legal system, no country has such a provision, only Spain criminal law has a regulation, four big legal, there is only one exception. Four subjects can be provided, they three can catch me, I'm a nobody can catch, are not used, the somebody else that can catch you, you can't catch them, or a reason.So I think it over and over again repeated this must cancel, I table a state, do not know can not get the support of all. This point, if you do not cancel, I shouted to death also want to cancel.

    This is not only for the two hundred thousand lawyers persecution, but also constitutes a violation of the rights of all defendants in criminal cases. Infringement of right of lawyer is a surface problem, Gata Wenchang can give up the criminal defense, I do nothing else, not to earn money, the problem is that all the rights of the defendant who will maintain, the defendant lawyer can not expose, absolution, it shall not be. So the question I have repeatedly asked Tai Yun director back and reflect for a moment. The 306 problem is so serious, 200000 lawyers, the majority is to cancel, scholars also to cancel, I think the main voice is to cancel the. To cancel the deal, can cancel registration problems, if we think is reasonable, have the existence value should be retained, I asked him Is it right? Lawyer?

    Article 34A lawyer present problems, this is really difficult. When someone mentioned can be considered, can consider the duty lawyer, we each provinces and cities, the Department of justice law firm regularly sent a duty, free will. A city of Handan City, we also have thousands of lawyers, our duty counsel, row a class. I think the problem to be solved, not addressed, with foreign exchange meeting, I think the two biggest problems,In foreign countries is asked by the police, lawyers, lawyers in Chinese is met, the presence of the police.This problem is not solved, can not solve the problem fundamentally. There is also a we have a lawyer's question, our original manuscript is close relatives, the vast majority of cases,Cases of migrant workers can't find close relativesNo law, lawyer, retire. IfExtended to friendsThis point, never mind, I trust, meet later confirmed not finished, now relative definition, many people simply can not find a lawyer, I think this problem solved,If our government still propose government even migrant workers, lawyers can not be resolved, it is not a populist government. This problem should be solved.

   There is also aPerfection of the arrest conditionsThe problem,The rate of custody, detention and discusses how many times. Should pay attention to the problem is, held high, not only to prevent runaway problem, there is a more important factor is convenient for investigation, convenient manufacture evidence, this is the most critical.I don't grab people how to build the evidence, as long as grasp what evidence can be, murder can be created. Too simple, I just catch the witnesses and the accused, arrested, the accused may be killed also don't say, I found a pile of witness, permit you to death, I find ten change ten, total admitted it, admitted that he killed you,This one is not blocked, the future there will be many miscarriages of justice.

    It is important and necessary to diet, what is necessary, I give you to eat a Steamed buns, rest for ten minutes, again, the absolute dry out. I think the necessary food and time, there should be a minimum. Or is the white, I ten minutes enough rest, eat five minutes, one minute.

    There is also a seizure, seizure to witness, is very good, but what I can do without witness can not add, because now the seizure in two problems, one is the jiancaiqiyi, their money is held, this is little, the biggest problem is the evidence to ruin. One case, the public security bureau to others legal procedures to hide, the second one is not white dinner, his friend stole from the Public Security BureauThe certificate is not required, legitimacy, unless I steal proof of the innocence of the defendant, the illegal evidence is not excluded.Now another question, is that a lot of the concealed exculpatory evidence in the investigation of time, hide, how to do. I met several is such contract, hide, hide the approval, the defendant take an oath devoutly said, but there is evidence that, couldn't find it, this is very terrible. The witness is required to see, no witnesses, the evidence to prove that, this is not the individual cases, more.

   A witness, expert witness is very good, including experts in court, but there is a problem is not resolved, the right to start the identification of problems. Now only unilateral, prosecution, investigation organs are identified, and the defendant has not, this is very unreasonable, why can't start the identification authentication institution,