Tian Wenchang said: all the lawyers should jointly called for the abolition of Article 306 of the criminal law

Liu Guiming ":

   "The second democratic and legal tour forum" speak Hebei HanDan Railway Station has been closed for two days, but there are many friends still aftertaste, in exchange, still talking in micro-blog. Everyone in the forum summary of what aspect, what are the focus, which highlights.

   It should be said, progress of modification is introduced to the sentencing standardization reform from the criminal procedure law of dynamic, from "Article 306 of the criminal law on the abolition of" advice to the criminal supplementary civil action changes, never the juvenile criminal procedure law and the criminal reconciliation in the controversy, from concept to redefine evidence shall not be re interpretation of self crimination and so on, has become a two day "democracy and legal tour forum" to bring you harvest.

   All these bright spots have been in the "democracy and the rule of law net" reported one after another.

 

 

 

Tian Wenchang: propose to abolish the "criminal law" Article 306
 
Published: 2011-08-28 12:40:04 source:Democracy and the legal system of network Browse:3822Time
 
Core tips:
   In the democratic and legal tour forum Hebei station platform, Tian Wenchang director of the criminal Business Committee of the National Lawyers Association said in a statement: "provisions of the criminal law and criminal procedure law" 306th Article 38 similar in terms of the lawyer's perjury lawyer occupation discrimination suspicion, suggest that we should immediately cancel.

 

Tian Wenchang of director of criminal Business Committee of the National Lawyers Association

  Democracy and the rule of law net news (Chen Shuya) in democracy and legal tour forum Hebei station platform of chairman of committee of association of criminal business, National Lawyer Tian Wenchang pointed out in his speech: "criminal law" provisions of article 306th and Article 38 of criminal procedure law provisions of lawyer's perjury lawyer occupation discrimination suspicion, strongly recommended should immediately. He said he had, on behalf of the National Lawyers Association has repeatedly proposed to abolish the proposals to the relevant departments.

   In recent years, the high risk of criminal defense lawyers do not want to touch in many criminal cases, more lawyers to this clause as a criminal defense lawyer knot, said Tian Wenchang, Article 306 of the criminal law is a restriction on the rights of lawyer. "This provision has obvious discriminatory provisions, have the tendency of occupation discrimination. "From a legal perspective, if the mere mention of the lawyer's limit, so why not constrained judicial departments and behavior?"

   The recent Beihai law case of the outbreak, in Tian Wenchang seems, on the surface it is a violation of law the right to question, actually it is the judiciary by Article 306 of the criminal law in a concrete manifestation of the lawyer. He thinks, this is not only for the 200000 lawyers persecution, is a violation of the rights of the accused of all criminal cases. "This case is not to cancel the terms, the more wait for when?"

 

 

 

Lawyers "Beijing three David" in Handan
 
Published: 2011-08-28 16:24:39 source:Democracy and the legal system of networkBrowse:7557Time
 
Core tips:
   In late August 27th 7, Hebei Province, Handan City Star High Beauty Hotel on the third floor conference room, lights shining, almost a full house.

Renmin University of China law school professor, advisor Chen Weidong (right two), Professor, Law School of Peking University Bodao He Weifang (left two), Professor, Law School of Tsinghua University Bodao Zhang Weiping (right), editor in chief, "democracy and the rule of law" magazine Liu Guiming (left)

   

   Democracy and legal system network (Chen Shuya) in late August 27th 7, Hebei Province, Handan City Star High Beauty Hotel on the third floor conference room, lights shining, almost a full house. Known as the lawyers "Beijing three David" Renmin University of China law professor, doctoral tutor Chen Weidong, Peking University law school professor, doctoral tutor he, Tsinghua University law school professor, doctor Zhang Weiping, one on "criminal defense and the concept of value".

   "The second democratic and legal tour forum" about the first day of the Hebei station activity highlights -- "Sun lawyer night". In the subject study of nearly 2.5 hours, "editor in chief of democracy and legal system" magazine Liu Guiming as host, the three guests "in the on-site activities exchanged shafts, sparkling discourse, that the meeting site continuous applause, let the lawyers, prosecutors, judges and about 500 members of the legal community, the common enjoyment of a debate about the criminal defense gluttonous feast, at the same time, also to the Tour Lecture activities to a climax.

   Around a "meaning" word, host Liu Guiming first asked the three guests, to explain the meaning of criminal defense, significance and meaning, namely: criminal defense can do what what, what exactly is the criminal defense, criminal defense to the pursuit of what?

   Chen Weidong was the first to speak, he said this is a very good topic. From 1979 to the present law of criminal procedure, has gone through the course of 32 years, while the defense system has been set up 32 years of law. He said: "this way, it is very difficult."

   From the law of criminal procedure to the lawyer law continuous modification, complement and perfection, he thought, Chinese criminal legislation, not a bit backward. But, why the lawyer by agents of the parties, including the family, the lawyers are still not so trust. What's the problem? In addition to lawyer's quality uneven, he believes that the need to reflect on the value and idea of criminal defense lawyers.

   Zhang Weiping for Chen Weidong's statement also expressed their different views. He thinks, playing a lawyer quality to a certain extent will affect the criminal defense. Value concept of criminal defense, lawyers should have a very accurate positioning of its functions, namely, criminal defense that is possible to exercise the rights of the accused, this concept must first determine that a."

   He also from some hot cases present, speaks about the criminal defense and the concept of value view.

   After listening to three experts wonderful, interactive sessions with the audience into the guest room. Litigation lawyers condemned, the draft amendment of the criminal supplementary civil action system, compensation for death and disability compensation encountered such practice in the confusion and they care about to ask questions, the three guests on the one one answer.  

   The contractor responsible party -- Song Zhenjiang director Haobo law firms in the "Haobo night" activities began a speech. He first extended a warm welcome to you all, and to the guests and briefly introduces the development situation of sun law firm.

   At the end of the event, the three guests should be the requirements of the host, with a word on the activities of the organizers of the "democracy and the rule of law" magazine sent his unique blessing. He spoke first: "" democracy and the rule of law ", a look will not want to put down." Chen Weiping is simply for "democracy and the rule of law" magazine start advertising -- "democracy and the rule of law, popular publications." After listening to these two words, said: "Zhang Weiping is not without a sense of humor," democracy and the rule of law ", a book you can put in Restroom magazine."


 

 
 
 
Experts Chen Weidong: disclosure of "Criminal Procedure Law" why can't open legislation
Published: 2011-08-28 13:01:56 source:Democracy and the legal system of networkBrowse:43061Time
Core tips:
The same law, but the legislature to solicit public opinion attitude is not the same.

Renmin University of China law school professor, doctor advisor Chen Weidong

   Democracy and legal system network (Chen Shuya) is also a legal provision, but the legislation to solicit public opinion attitude is not the same. And before many legal modification is different, two overhaul of the criminal law did not like the real right law, the marriage law and other civil law as the related articles published, why not let legal workers, more even ordinary people involved, so as to realize the legislative ideal open legislation?

   In a question and answer session last night tour forum "democracy and the legal system of rich lawyers night", a lawyer from Shanghai representatives Han lawyers put this question to table guests -- participate in the entire process of the amendments to the criminal procedure law of the Renmin University of China law school professor, doctoral tutor Chen Weidong, slightly sensitive issues and did not let Chen Weidong lawyer refused, announced the answer to the audience of more than 500 people attending the meeting.

   Chen Weidong is not the first time Frank published a draft bill, let more people participate in, mainly because of issues related to the law of criminal procedure is very complicated, involving the problem involves many aspects, "it is too sensitive."

   He said: "the draft law punishment v. no shaping, confidential work is really very harsh." During a standing committee, a well-known lawyer in the first meeting in the amendments to the criminal procedure law, because you have something urgent from the off, hurried away related data, the results on the road is the relevant staff to recover the draft.

   Chen Weidong said in the relevant departments organized discussions, I have this question. I have questioned the legislature of a responsible person, why can not like the marriage law, property law in the drafting of the time, public opinion. However, with the participation of the entire work, Chen Weidong said he came to understand: "why not let more people to participate in the legislative process, in fact, the reason is very simple, the criminal procedure law is too sensitive."

   Introduce according to him, the criminal procedure law from last year to now has been amended several times, almost every document number are marked confidential or secret words, then in each review will recover. Until shortly before the Standing Committee related to the content of the criminal procedure law, the internal data are marked with all of the Standing Committee of portfolio on the word, even the people responsible for the other law office, the related documents are not able to get the draft.

   However, until now, Chen Weidong said that he was very understanding of the relevant departments, the draft amendment of the criminal procedure law of his work is. His example: evidence links mentioned "may be forced" provision, the revision stage related department by phone several times to discuss, this word how to phrase, to let more people understand, the relevant departments to better understand and implement the judicial work. Later, after much deliberation decided that "no person shall be forced to prove his guilt", so it will be easier to be accepted by everybody.

 

 
 
 
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