My name is Matt Williams, Read law at the America. This summer the law school at the Tsinghua University as a visiting scholar. Some independent investigation I and New York University law school professor Cohen cooperation now.This is my fifth time to Chinese. If you add up the time, I stay for nearly two years in China. My lawyers, judges, prosecutors, Professor friend of more than two hundred, so I could see your lawyer occupation of environmental problems. This month I have been in the field -- went to Shanghai, Guangzhou, Shenzhen, Chongqing. I returned to Beijing this weekend. Over the past three weeks, some lawyer friend recommended to meet with you. I hope we can eat, talk. I don't know this Sunday or next week is convenient. I'll!

                                          Matt (Chinese Name: Weng Mingfan)"

  I reply agreed to the interview. Soon, Matt Williams agreed to me, we were talking. It should be said, Matt Williams Chinese level. We focus on the China lawyers working environment, mainly is the lawyer handling the mass incidents were deep in conversation, the following are the main contents of conversation.

 Matt Williams: you are a senior lawyers, some lawyers said Chinese environment in which lawyers have some questions, do you think?

Wang: objectively speaking, China lawyers working conditions improved, but is still far from the requirement of rule of law. There are still some problems to be resolved as soon as possible.

 Matt Williams: what we need as soon as possible to solve the problem?

Wang: China lawyers have entered the market, but the lawyer management or planning. Problem is, our lawyers have a lot of social obligation, but the society does not give lawyers a rigid market. In the economically developed areas, law service market is the "go", some young lawyer's life not guaranteed. In the underdeveloped areas, the problem of food and clothing has not solve many lawyers. The problem with the China police, although from the number of lawyers, China proportion is low, but this is a false image. ChinaThe police, too many "two police", "false police", so that countries who negative. And China lawyers, there are too many "two bar", "fake lawyer", the share shall be made by the lawyer engaged in legal service industry.

 Matt Williams: according to the lawyer friends, you are "A lawyer to handle the case group guidance"The drafters, while abroad on this"A lawyer to handle the case group guidance"There are a lot of criticism, do you think what problem?

Wang: 2006,The all China Lawyers Association issued the "guiding opinions" about a lawyer to handle the case group, is consideringThe complexity of the current group case in our country and some local limit the actual application of the case group. I think, lawyers association is necessary for lawyers to accept mass cases shall be guided by the record mode, can avoid the individual lawyer individual irrational behavior, also can be in the name of the association of lawyers involved in the case to give support, guarantee the practice of law in accordance with the spirit of the rule of law and the lawyer's legal rights, avoid some local take the wrongful act of acceptance of the case group of lawyers.

 "Opinions" provisions of law firm accepts the group case must be filed with the lawyers' Association, and sharpened the contradictions in the case to the judicial administration department informed in a timely manner, be interpreted as the lawyer accepts the group case limits. In fact, supervision and guidance of the judicial administrative departments to this kind of case should be encouraged rather than limit the lawyer accepting this kind of cases, to provide institutional guarantee for the lawyer to accept these cases, avoid misreading of the "opinions".

  Matt Williams: why to the local bar association for the record, and sharpened the contradictions in case to the judicial administrative department, not limit?

Wang: from the examination and approval to record andBulletin, is thisOpinion.A great progress.There is no doubt, lawyers involved in the case group, help the government, enterprise and other related party according to law. Lawyers from the case study, analysis, put forward the legal opinions and suggestions, help to promote judicial, legislative activities and administration according to law.Prior to this, some local officials do not understand this point, always want to limit the lawyerIntervention group case, for exampleRegulationsLaw firm accepts the group case must be reported to the local judicial administrative department, approved to accept. Though some local or so, but the majority of provinces and cities are in accordance with the "opinions"Requirements to be implemented. For example you are in the hands of the "Chongqing municipal lawyers group case record form", on the table without IBA and judicial administrative departments approved this column. Law firms to fill the fax to the local lawyers association is ok.

  Law firm accepted the decision of the case group in the partner, this is decided by the nature of the firm.Partner in a law firm, bear unlimited responsibility for law firms, have included the decision to accept of the case group management right is consistent with the rights and obligations. I think the foreign partnership and so.

  Matt Williams: why to the local bar association for the record, not for approval?

The king:Filing and approval are two different administrative behavior, is one of the bright spots in China's "administrative licensing law". You are free to read our "administrative licensing law", is to know the difference.

  Matt Williams:The all China Lawyers Association, the drafting of a "lawyer guidance" of the case group is serious?

The king:The National Lawyers Association is serious about "and the drafting of the development about the lawyer for guidance" of the case group. Nearly a year before and after the. First by my colleagues and I come up with the first draft, and then by the National Lawyers Association Constitution and Human Rights Committee will discuss the draft, and finally the2006Years3Month20Japan National Lawyers Association six session of the four standing council adopted and published trial.

  Matt Williams: will you change?Evaluation of the "opinions"?

Wang: since it is a pilot, certainly will change, but there is no arrangement. From my understanding, some of the provisions of the "opinion" remains to be perfect, but overall is good. One is the positive significance of lawyers involved in the case group, provides legal services for the public objection expression. There is no legal remedy I most worried about the domestic situation of people's rights. The two is to a certain extent to protect the intervention of the case group the lawyer's rights. We accept a case about half of the cases of group case, is the experience of this aspect of the sour, sweet, bitter, hot. 

  Matt Williams:The "opinion" on the lawyers involved in the case group behavior of some provisions, how to understand?

The king:"Opinions" provisionsThe lawyer handling the case group, should pay attention to deal with the relationship between the parties, the judiciary, government, the media and the public, is targeted, is a specification is the protection of lawyers.

The relationship between the parties and the like, my actual work deep experience is a legal case of success, the lawyer service is important, but more important is the quality, especially the representative quality. In some case, fail on the verge of success, the reason is the individual representative always want the interest. So,"Opinions" provisions:

1 lawyers shall assist, urge the client truly the case, may not support or assist the client conceals, omission of important evidence or making false statements.

2 counsel should as far as possible to avoid the part of the principal or representative of making false statements or distort facts, causing emotional instability of the group.

The 3 lawyers to the parties or their representatives, agents obviously unreasonable requirements shall be rejected.

4 lawyers are not encouraged, not involved in the case group or its representative, agent of petitions. Not solve the participation or advise the parties in violation of public security, state organs work interference means the case.

5 in any of the following circumstances, law firms may terminate the agency agreement, the termination of agency relationship:

The client insisted on illegal requirements;

The client conceals important facts, distort;

The client uses the services of a lawyer to engage in illegal activities;

The other objective reasons lead to the normal performance of duties of lawyers.

　Matt Williams: which is why requirementsThe lawyer accepts the group after the case, to communicate with government departments and reflect the situation, reporting?

The king:"Opinions" provisions:"The relationship between judicial and lawyer accepts the group after the case, should be timely and relevant judicial departments fully communication, seek truth from facts reflect the situation, in order to cause enough attention. Should actively assist the judicial authority shall ascertain the facts. If need, can reflect a problem to the judicial organ by lawyers association". "The relationship between the government and lawyers accept group after the case, should be through the proper channels to reflect the situation to the relevant government departments, found likely to intensify contradictions escalation and signs of competent judicial administrative organs shall be notified immediately". Here is a method of work, I will as in many parts of the lecture a experience speaking. Our firm atAcceptance group after the case, will give each other the government or the Department issued a letter of lawyer, points out each other in the work on legal issues, the effect is very good. Send a letter of lawyer, the establishment of a coordination platform, solve client problem, What is there against it??

      After accepting the case group, found that may exacerbate the conflict escalation and shall immediately inform the symptom, can better safeguard the lawful rights and interests of the client. For example, this time, the Olympic Games held in peace, the vast majority of regions do maintain stable work, to prevent possible conflicts escalation and signs. But there are also individual localities of the Olympics illegal removal, which belongs to the intensification of the contradictions escalation of the problem, we must promptly notify the relevant authorities to stop this behavior, request.

　Matt Williams: why restrict the lawyers and the media?

Wang: this question should be corrected. We have no restrictions on lawyers and the media contact."Opinions" provisions of the relationship between lawyer accepts the case group and media is: "the lawyers and law firms should be appropriate to grasp and media (including the Internet) relationship, seek truth from facts, cautious comments. Don't press speculation, not to engage in paid news. Be careful with overseas organizations and foreign media contact". Here is the "appropriate to grasp", "careful". The vast majority of lawyers, journalists are to social progress and work hard, shout, two hearts are interlinked. However, some journalists for a certain purpose, in law in the middle when the incident occurred, lawyers need to protect themselves. Such as Shanghai's Zheng Enchong lawyers in the demolition adults dedicated, but jailed for outside media contact, this can not let us pay attention to.

　Matt Williams: understand. I will be back in 11 days. After returning home, I will write the paper illustrate your point.

Wang: Thank you!