Comment on the Department of Justice

"Provisions on the lawyer's criminal defense issues"

(Draft)

   [Wang] byCannot exclude the Justice Department does have some for power of attorney given in the operation of the provisions, but overall, rights clause seems much, but far less deadly limit the rights of lawyer clause. The defense lawyer right to restrict and key sacrifice please return for justice "honor" sign, is doomed to no win. The public security organs to power down, and make the majority of lawyers are not happy. Moreover, the provisions also exist in the following several major problems.

   A, how will the teacher said, the Justice Department did not have the power to enact (or even participate in the formulation of) issued about the lawyer in criminal cases the department regulations or judicial interpretation. According to the Ministry of justice related functions to the approval of the State Council, the only law is "supervised", I am afraid it send lawyer license and annual examination are legitimate problems. And formulate regulations of power is also limited to "administration of justice". Even now, lawyers are in no one speak up for the state, but the state can not be arbitrarily expanded the right through the Department of justice to solve, but should strengthen the autonomy and the right to speak to gradually change the lawyers association. But by the lawyer himself for the majority of.

   Two, the provisions of limited to lawyers involved in defense, the lawyers as agents ad litem, victims of criminal private prosecution and the appeal agent agent and other criminal cases related to the job, have no provisions, for lawyers to participate in "the new provisions of the criminal procedure law" of the illegal proceeds confiscated program related issues, forced medical procedures are not specified, is not considering or to not come, can make nothing of it.

   Three, most egregiously, for such a matter of all the lawyers' rights issues, even in the law within the group to seek the views of the work is not done, in a sneaky way to engage in "behind closed doors", in the procedure had no justification.

    In general, I also agree that the Anhui province Lawyers Association punishment committee advice: do not do.

   The following is my should draft for comments. Please advice.

   

   [Wang Fu] to see Wang Xing on the provisions in criminal defense lawyers in the Justice Department issues "(Draft)" (hereinafter referred to as the "opinions" provisions) comments. On the whole, I agree with Wang's view, now only based on Wang Xing comments on "draft" Supplementary Provisions on the comment and suggestion.

   First of all, in view of the lawyer in criminal cases the work is not limited to the defender, agent ad litem, may be a victim of criminal cases of private prosecution and the appeal agent agent, "draft" regulations change entitled "on the relevant issues concerning the lawyer handling criminal cases (Draft)" is more appropriate for.

   Secondly, the lawyer as a criminal complaint agent, "Criminal Procedure Law" has not been clear about the lawyers met with the protection of the rights of criminals and scoring rules, the smooth realization of the right of appeal for citizens, "draft" regulations should be clearly specified.

   Once again, the revised "Criminal Procedure Law" implemented only half a year, many contradictions have not yet begun, "draft" regulations can be defined for the current contradictions, to solve part of the problem, not without sufficient practice and argues the case on all issues of grass rate.

   Fourth, the lawyer handling criminal cases and civil life, liberty, and property are closely related, "legal experts to draft" regulations need good professional accomplishment and legislative technology capable, but the "Regulations" the rough draft overall, logic confusion, part against the "Criminal Procedure Law" the content and spirit of the legislation.

   The following is my based on Wang Xing comments on draft "Regulations" opinions and suggestions. Deficiencies, please.

 

According to [Liu Zhiqiang]Suddenly I heard the Ministry of justice to the head to make a "criminal defense lawyers on the provisions of a number of issues", overjoyed: always law department to sound. Easy to find the file a look, hey, has been the submission deadline. It made behind closed doors is a general preferences. It will be a manifestation of "bureaucracy, our party is the form of opposition?

This "law" is not easy to make, if a name issued by the Department of justice, from China's current legislation system is possible, that is the so-called rules, but why restrict the superior that several people? If you son and several joint release, this is what the nature of the Dongdong, the judicial interpretation not like, ministries and commissions not. In the legislative system of our country which is still not found. That is not the legislation, but the chaos method!

Department of law making, law, including the so-called judicial interpretation, it is It is quite common for, so that people including some jurists have be accustomed to, and fully recognized.

According to the "Regulations" content, it feels like a lawyer in criminal proceedings in a part of agency business is not existed. Of course, may be the Ministry of justice to be comprehensive and meticulous, share, still can make a criminal agent shall also perhaps. The "Regulations", I think: advance, a backward; have the offside, there is not in place; there is good, has the very smelly. So the basic one by one and made a comment. Right one, micro person easily, also caused what is not bad effect.

                           One, general provisions

   [Objective] first according to the guarantee of lawyers to practice in accordance with the law, protection of the criminal law smoothly, according to the criminal procedure law, the lawyers law, the enactment of this provision.

   Wang Xingping: "security law" belongs to me.

    Views and suggestions on Wang Fu: "Criminal Procedure Law" is the basic law, after the "according to law" two words "is obviously unnecessary," changed to "implement" properly.

    Liu ZhiqiangComments: "law of criminal procedure, the lawyers law," which country? The current or the void? Normative documents as the highest organ of state judicial justice department or several joint release, it seemed, less rigorous specification language. Of course, you can also say that the criminal law article said "according to the constitution, this law is enacted".

   Article second [lawyer] duty lawyer responsibility is put forward according to the facts and law, materials and opinions of criminal suspects, defendants not guilty, a mitigated punishment or exemption from criminal responsibility, criminal suspects, defendants, safeguard the litigation rights and other lawful rights and interests.
    Liu ZhiqiangComments: This article while copying the "Criminal Procedure Law" provisions, but from the angle of system integrity considerations, nor excess.

   Article third [lawyer] lawyer defense shall exercise the rights and obligations shall be protected by law. Defense lawyers to prevent violations of their right to practice behavior, have the right to lodge a complaint, accusation.
   Defense lawyers shall abide by the Constitution and the law, abide by the law occupation ethics and practice discipline, maintain and promote judicial justice.

   The Wang Xing review: the rights of defense counsel should also include the "lawyers exercise defense right pursuant to law shall not be subject to any organs and individuals illegally interfere or obstruct".

   Views and suggestions on the Wang Fu: the rights of defense counsel should also include the "lawyers exercise defense right pursuant to law, without any organ, organization or individual illegal interference and obstruction".

    Liu ZhiqiangComments: reaffirming the lawyer's rights and obligations, it is necessary to.

   Article fourth [authorities] shall be on duty lawyer in criminal procedure law guidance, supervision of the judicial administrative organs and the lawyers association, safeguard the legitimate rights of lawyers.
   The people's court, the people's procuratorates and the public security organs shall fully protect the suspect, the defendant shall have the right to counsel, to guarantee lawyers perform defense duties according to law.

   Liu Zhiqiang Reviews:But this criminal lawyer Gospel: don't do crime, organized guidance; do wrong criminal cases, organized resistance to. Because: "the judicial administrative organ and the lawyers' Association shall activities on Lawyers in the criminal proceedings law guidance, supervision", that is, supervision and guidance of lawyer in criminal defense work as a legal rights and obligations of the judicial administrative organs or bar. The State Council [original2008)64"The Ministry of justice, the main functions of internalProvisions "the organization and the staff:" responsible for the guidance and supervision of lawyer, notary work and bear corresponding responsibility ", it should be to conduct supervision and guidance of the lawyer business, then the" responsibility "is well understood: lawyers do wrong case, the judicial administrative organ and the IBA also must bear responsibility; And when it comes to guiding, the nature is the responsibility of expert can play, after all the judicial administrative organs at least tube lawyer staff is the first legal experts in the field of criminal. The other second in the "three people" and cannot cover all participation in criminal proceedings the public authorities.

Two, entrust

   Article fifth [] commissioned the main suspect, defendant can entrust lawyers. The suspect, the defendant in custody, also by the guardian, close relatives to entrust the lawyer; no guardian, near relatives or guardians, close relatives can not contact, can counsel appointed by legal aid institutions.
    Liu ZhiqiangComments: the specified or recommended are not as good as the criminal procedure law "assignment" scientific, proper.

   Article sixth [put] commissioned to the criminal suspect is the first interrogation or coercive measures of entrust lawyers, or during the period of criminal suspects, defendants in custody requests by defence lawyers, and proposes the lawyer or law office, the case handling organ or the detention house shall fill in the principal requirements the book. The suspect, the defendant to guard the delegation request, a detention house shall convey the case handling organ within twenty-four hours. The case handling organ shall within three days the suspect, the defendant's attorney to be entrusted to a lawyer or law firm.
   The suspect, the defendant has commissioned lawyers said the meaning, but can not clear the lawyer or law firm, or its guardian, close relatives to entrust lawyers, the case handling organ shall within three days inform the guardians, relatives or its designated personnel.
   The authorities in the convey of criminal suspects and defendants, a power of attorney or entrust the requirements, should also be the case handling organ and its responsible and defense lawyers contact staff contact, inform the criminal suspect, the defendant intends to entrust lawyers or law firms, or their guardians, relatives or its designated personnel.
   Criminal suspects, defendants commissioned a lawyer, in accordance with the provisions of the preceding three paragraphs.
    Liu ZhiqiangComments: this overall progress, but many problems. One, "time" and the criminal procedure law "date" against, and qualified lawyers of the time, including the former, while the former can not cover the latter; two, "fill orders" than "issued orders" is more appropriate, more general; three, the criminal suspect or defendant the attorney or lawyer, but no one commissioned by the signing of the contract, to pay the lawyers,? Four, "designated person" breakthrough of the criminal procedure law's close relatives, guardians, effective?

   Article seventh [tell] lawyer entrusted lawyers entrusted, shall within three days to submit to the case handling organ entrusted with this letter, the items of information and contact way of commission, and submit a lawyer's practice certificate photocopy, certificate of his law firm and a power of attorney or legal aid official letter.

   Wang Xing: it shall timely inform the assessment is defined as "three days" to inform, the lawyer has a lot of trouble. 1, because if the lawyer handling organs cause could not finish obligation to inform how to do? The reason to do limited defender follow-up work? 2, if it is entrusted with the Friday, Monday must inform, in fact the lawyer's requirements are very stringent. That this is not available by phone or SMS can be completed. Then the face of the "three days" informing notice obligation, it is often only need a phone call can be completed. 3, some areas such as Beijing, have to place files provided a detention center to inform the authorities handling the case, don't need a lawyer specialized told. If the implementation of the provisions, it would not have come back more lawyers obligation? Or perform local regulations must be buried illegal risk.

    Wang Fu: the views and suggestions on the practice often have a guard so the lawyer did not inform the authorities refused on the grounds of arranging a meeting, when the lawyer to the case handling organ informed, the case handling personnel and for various reasons (avoiding, traveling etc.) refused to receive the attorney formalities, this is equivalent to the lawyers met with the approval of the investigation organ increase program, the revised "Criminal Procedure Law" to modify the backward situation before. In order to prevent the case handling organ of prevarication, the author will entrust formalities express to investigators, the query has to sign, but the prosecution of submissions, investigators have not been the author listed as the suspect's defense lawyer. The author thinks, the local documents of Beijing, Hunan and other provinces and municipalities have issued on the detention center to inform the authorities handling the case shall fully comply with the provisions of the criminal procedure law "provisions", "draft" will timely inform obligation is defined as "three days," not only superfluous, but also harm.

   1, if the reason because the lawyer could not complete obligation to inform how to do?

   2, because of the reason cannot tell whether it will lead to the lawyers can not meet, not the follow-up work violation?

    3, whether can make the mail?

   4, commissioned by the time is optional, that was established in July 1st July 5th after the principal-agent relationship, inform the case handling organ is causing a principal-agent relationship is invalid?

    Liu ZhiqiangComments: This article has two problems: one, that criminal law is not equal to pass playContinued, submit the procedures must be informed, but informed manner also other species; two, "commissioned by the letter" is idiotic argument, that of attorney, law firmOr legal aid official enough; Three, the lawyerThe practicing certificate shall andThe originalOne,Not only submit copyMember, submit complexPrint without any evidence, it is wasteful, or occupation discrimination, not heard any public authorities out the leaving certificate copy and the relative person. Practice four, the entrusted matters and contact in the practice of law firms that are reflected in, more simple, more appropriate.

    Article eighth [principal] the confirmation of criminal suspects and defendants, the guardian, close relatives to entrust the lawyer, lawyer first meeting shall be made by the criminal suspect, defendant confirm the principal-agent relationship.

   Wang Xing: 1, practice, lawyers are generally so operation, however, provisions must do obligations is appropriate? Is it right? Means can not complete the meeting confirmed, the client identity could not be established? After the lawyer to meet the parties did not explicitly rejected, cannot show that defense principal-agent relationship established?

   2, often appear in the practice of lawyers requested a meeting had been told to have been in custody "no" or terminate the entrustment parties, Is it right? Should increase the provisions are in custody, the termination of authorization (not the release), should be allowed to meet with the parties to counsel, written confirmation of principal-agent relationship termination?

    Wang Fu: if the opinions and suggestions of the suspect, the defendant is not in an explicit way to refuse, the guardian, close relatives to the legal relationship of trust establishment of nature. In practice, lawyers are in the habit of letting the suspect, the defendant confirm a relationship, but that should not be used as the obligation of lawyers. "Criminal Procedure Law" since grant the guardian, close relatives to entrust a lawyer's rights, the right to increase any burden is a violation of "law of criminal procedure". The suspect, the defendant because in a weak position in criminal proceedings, not only can the facts of the case made a false confession, may also make non real meaning on whether lawyers question. The countries and regions of the "Criminal Procedure Law" for the protection of the suspect and accused person's right, criminal suspects, defendants, relatives of the guardian on behalf of lawyer's right to reject restrictions, China's "criminal law" on the issue has not yet been DOSOMETHINPREVIOUSLYUNRELEASED, "draft" provisions of the provisions, not only against the "Criminal Procedure Law", and will inevitably lead to the following questions:

   1, not commissioned by the suspect, defendant confirm that are invalid?

   2, practice often lawyers requested a meeting had been told to have been in custody "no" or terminate the entrustment parties, whether we should increase the provisions are in custody: parties remove entrust (non court lifted), should be allowed to meet with the defender, written confirmation commission relationship termination?
    Liu ZhiqiangComments: the guardian, close relatives to entrust the lawyer's criminal procedure law, regardless of the provisions in the practice of law is the Independent Commission on the subject, whether to ask the defendant confirm orders can be as a defense attorney optional behavior, but not in the form of laws dictate.

    Article ninth [three cases and inform the principal] crime of endangering national security, terrorism,, particularly great bribery crime, criminal suspects, defendants, relatives or guardians of the other person designated to entrust the lawyer, the authorities handling the case should be and will be entrusted attorney information to inform the suspect, the defendant.
   The lawyer entrusted to the provisions of the preceding paragraph case, the case handling organ after receiving the lawyer entrusted this letter, should be the crime, the main facts of a crime and other information in a timely manner to inform the lawyer or law firm.

    Wang XingCommentary: this two "timely" and how to read? Can understand it for three days? The defender against the inform obligation, may suffer the case handling organ does not work with the "sanctions", the case handling organ violates this obligation, can how? The provisions of the criminal procedure law of the appeal and accusation relief measures should be effective?

   Wang Fu: the views and suggestions to prevent the case handling organ fails to perform the obligation of informing, two "timely" whether should be changed into "three days"?   

    Liu ZhiqiangComments: This article as a lawyer is welcome, but the "others" its designated as principal subject feasible? The provisions of the second paragraph is redundant, according to the criminal law article36, the provisions of Article 37, the "three cases" just met to permission, and there is no difference in other aspects.

   Article tenth [] a lawyer shall not serve as defenders in any of the following circumstances, shall not serve as defenders:
   (a) lawyers have received Co or not co processing but the implementation crime related other suspect, the defendant is appointed as the defender;
   (two) the suspect, the defendant has commissioned two defenders;
   (three) the staff lawyer was the people's courts, the people's Procuratorate, the people's court, the people's Procuratorate from after the departure of less than two years;

   (four) interested in the case of a lawyer.

   The above fourth requirements of the staff, if the suspect, the defendant's guardian, close relatives, by the criminal suspect, the defendant may entrust its served as counsel.
   The case handling organ found lawyers shall not serve as defenders case, it shall timely inform the lawyer and the suspect, the defendant.

   Wang Xing: No. (two) paragraph is pulled, often appear in the practice has two defenders situation, principal because not satisfied and the commissioning of the new defenders replacement, or different relatives commissioned a number of defenders. This is no big problems in practice, to entrust his defense procedures submitted to the case handling organ shall prevail, if beyond the statutory two, with the principal issue written materials that can be replaced. There's no sense in the rise to "shall not serve as defenders".

   Opinions and suggestions: Wang Fu often appear in the practice has two defenders situation, principal because not satisfied and the commissioning of the new defenders, replacing the previously defender, or different relatives commissioned a number of defenders, to entrust his defense procedures submitted to the case handling organ shall prevail. If exceed the statutory two, is issued by the client to confirm or cancel the part written materials attorney relationship can be. If the provisions of act as defenders "as" not the case, will inevitably lead to the criminal suspect, the principal replacement defender benefits loss, in practice, the two defendants case, the lawyer entrusted to the court also submit client on the previous law remove entrust notice and commissioned by the new procedures can be completed inform; the second item of the first paragraph, but also adds extra provisions not only the principal burden.

    Liu Zhiqiang commented: This article without bright spots also basically no shortcoming, but not the Supreme Court judicial interpretation of article35, the provisions of Article 36 of the more comprehensive.

Three, interview and communication

   Article eleventh [lawyer] asked to meet with the criminal suspect in custody, the defendant requested a meeting with defense lawyers, a detention house shall notify its defense lawyers in twenty-four hours. Defense attorneys received the notification, shall timely meeting.
    Liu ZhiqiangComments: this provision appears to better protect the suspect, the defendant's rights, but a big problem. If a party requests lawyers met with every day, so the detention center and a lawyer to do, without notice, do not see on the law! In fact, when to meet, how to meet a criminal lawyer on the merits, to arrange, rather than let the parties decide. So the regulations may not like to make the judicial administrative organ in guiding the work of criminal defense lawyers.

   Article twelfth [lawyer] lawyer meets with the criminal suspect in custody, the defendant shall be directly to watch for. The lawyer's practicing certificate of inspection, certificate of his law firm and a power of attorney or legal aid official, shall promptly arrange the meeting. Because the investigators are questioning, meeting places have been other lawyers use special circumstances can not be arranged in a timely manner, a detention house shall explain the reasons to the defense lawyer, lawyer and ensure arrangements meet the suspect, the defendant within forty-eight hours.
   Conditional place, defense lawyer can through the established network, telephone booking platform, an appointment to meet with time.
   Article thirteenth [three cases met the licensing procedure] requirements met with the crime of endangering national security, terrorist crimes, particularly great bribery crime suspects in custody defense counsel in the investigation period, a written application shall be submitted to the case handling organ. The case handling organ shall make a decision on whether to permit within forty-eight hours after receiving the application. The permit shall be issued with the approval documents, to counsel, by holding the documents to the detention center for meeting; do not permit the meeting shall be the reason to the lawyer, written instructions.
   The case handling organ without permission defense lawyers met after the disappearance of the circumstances, shall promptly inform the defense lawyer may arrange the meeting.

   Wang Xing: originally the public security organs procedures has made the 48 hour requirement reply, procuratorial organs of the rules of criminal procedure also clearly must arrange a major bribery case investigation before the end, only the state security organs for handling the case without any operation specification. As can be clearly prescribed forty-eight hours response time, this is progress, but unfortunately, the case handling organ is not including the armed forces and the organs of state security.

    Wang Fu views and suggestions: the public security organs procedures has made the 48 hour requirement reply, procuratorial organs of the rules of criminal procedure also clearly must arrange a major bribery case investigation before the end, only the state security organs for handling the case without any operating specification. As can be clearly prescribed 48 hours response time, this is progress, but unfortunately, the case handling organ not including the armed forces and the organs of state security.
    Liu ZhiqiangComments: praise! "Within forty-eight hours to make a decision of approval or disapproval", "a written explanation" and the two are very good, but there is no legal basis, criminal procedure law and the same level of work?

   Article fourteenth [translators attended the meeting program] defense lawyers met the suspect, the defendant in custody of the need to hire an interpreter, shall apply in the meeting three days prior to the proposed, and submit the identity certificate and the unit that translators. The case handling organ shall timely examine whether to permit decision. License translators attended the meeting, shall issue the permit decision documents to counsel; not to permit, shall be the reason to the defense lawyer written instructions.
Detention by the case handling organ approval documents and the translator identity arrange translators attended the meeting.
    Liu ZhiqiangComments: smelly! Hire translators is an extension of the lawyers met with the right nature, requires approval no criminal procedure law and the corresponding level of legal basis, only the provisions of the Ministry of public security has such requirements.

   Article fifteenth [individually or jointly met] of criminal suspects and defendants, entrust two lawyers as a defender, the defense lawyer may independently or jointly with the suspect, the defendant.
    Liu ZhiqiangComment.Good intentions, very smelly! Time is the only entrust a lawyer is not a lawyer to meet you?

   Sixteenth meeting places] [lawyer met the suspect, the defendant in custody should be in detention center. The detention house shall set up a lawyer interview room and provide appropriate working conditions in accordance with the provisions of.

   Article seventeenth [security] with defense lawyers met with the suspect in custody, the defendant is not affected by the number and time restrictions, but should be in the normal working hours.

   Article eighteenth [meeting records and recording] lawyer meets with the criminal suspect in custody, the defendant, shall make transcripts of the meeting, and to request the suspect, the defendant confirm and sign on the record.

   Defense lawyers met the suspect, the defendant in custody, with the consent of the suspect, the defendant, can record, video, pictures of the meeting.

   Defense lawyer meets with the criminal suspect in custody, the defendant produced transcripts and recordings, videos, photos, can not reveal to the accomplice or not co processing but the implementation crime related criminal suspects, defendants, witnesses and suspects, the relatives of the accused.

   Wang Xing: 1, although the recording and taking pictures of the progress, but by third kinds of completely obliterated. The third first explicitly prohibit the counsel to the relatives of the parties concerned revealed that the case. If not to the client, introduces the basic situation of the parties involved, the client also please lawyer stem what? If the only safe, why not directly provide premise relatives can talk about the case cannot be met under the suspect?

   2, if the prosecution or trial? Should be the case and evidence are fixed stage, an examination of the problems exist in the parties, why can not understand other defendant stated the case? So worried about the suspect defendant statement, reflects the dependence on the practice of deformity of confession, confession a variable, the case collapsed.

     Views and suggestions of Wang Fu: 

   View a: third prohibited counsel to the relatives of the parties concerned revealed that the case, not only for the defense work to form the prejudice, but also a violation of the relatives of the right to know, in violation of family ethics and the law occupation ethics.

   1, if a lawyer need evidence, cannot do without the help of relatives, if not to let relatives known facts of the case, the help of relatives impossible;

   2, whether the suspect crime questionable, whether need stronger defense? Whether to relatives for handling matters? Whether you need to let the family members in the premise of complying with the laws as much as possible to help?

   3, in most cases, relatives and criminal suspects, defendants live together, the suspect, the defendant know more than lawyers, right to decide its recommendations on the case can not only help lawyers to make reasonable defense strategies and in most cases close relatives than lawyer defense direction, if not their awareness of crime the suspect, the defendant's statement, a lawyer acting as trustee to faithfully and effectively fulfill the client?

   4, throughout the world, most countries in the case investigation, prosecution, trial stage, unless special circumstances, does not prohibit the guardian, close relatives with custody of the suspect and defendant, China's "Criminal Procedure Law" deprived of criminal suspects, defendants and their guardians, relatives meet right not only violates the basic ethics, hinder the law effective defense, but with this provision intended asymmetric information approach exhibits laziness and incompetence of the case handling organ.

   View two: third provisions "shall not be leaked to CO or co processing but not the implementation of criminal suspects, defendants" related crime shows the case handling organ malformations dependent confession. Moreover, the provisions on the crime suspect, the defendant's right to defense caused substantial damage.

   1, the investigation stage torture to extract confessions is not uncommon, especially in recent years the "black" activities, often a number of criminal suspects, defendants due to torture to extract confessions made false confession, confession once fixed and it is difficult to exclude, lawyers and report the case timely intervention can effectively prevent the investigation organ to torture to extract confessions way manufacturing jiaan;

   2, the defense lawyer work depends on the authenticity of all the criminal suspect, defendant, witness the judgment, the premise is to verify the correct judgment, if no lawyers statements related parties do proper disclosure and check, how to make a correct judgment? If there is no correct judgment, and how to fully prepare and effective implementation of defense?

   Suggestion: the third paragraph delete.

    Liu ZhiqiangComment.The provisions of the first paragraph may not is appropriate, whether making a record, as the case and is conducive to the parties to decide, not all requirements; second good provisions, allowing some places the current judicial practice, some places are prohibited; the provisions of the third paragraph should be confined to some absolute, without prejudice to the parties to the litigation, such as some families to the independent but significant relationship to life or work. With the case?

   Article nineteenth [meeting] without monitoring defense lawyers met the suspect, the defendant without listening, organs and the case are not allowed to present.

   In order to ensure personnel and prison security, detention may take appropriate measures necessary to lawyer met with monitoring the situation, but not with Limited was informed that the conversation.

   Article twentieth [meeting] lawyer content to meet with the criminal suspect, defendant, may engage in the following activities:

   (a) to suspect, the defendant informed case;

   (two) to the suspect, the defendant to provide legal assistance and legal advice;

   (three) since the case is transferred for examination before the date, the relevant evidence to the crime suspect, accused person verification;

   (four) since the case is transferred for examination before prosecution date, exchanging views on defense, examination and the criminal suspect, the defendant;

   (five) other activities not prohibited under the law, judicial interpretation.

   Wang Xingping: "activity" the word is not level, why not "work"?

   Since transferred for examination before prosecution shall specify the date, the defender has the right to the suspect, the defendant "to produce the materials" to verify the evidence.

    Views and suggestions on Wang Fu: "activities" should be changed to "work" for appropriate.

   Should be clear: since the date of transferred for examination and prosecution, the defender has the right to the suspect, the defendant "to produce the materials" to verify the evidence.

   Article twenty-first [meeting] provisions prohibiting lawyer meets with the criminal suspect in custody, the defendant, shall comply with the provisions of relevant laws, administrative regulations and rules, shall have the following acts:

   (a) the mobile phone and other communication equipment to provide to the criminal suspect, defendant;

   (two) led the criminal suspects and defendants, relatives, friends or other staff to participate in the meeting;

   (three) to the criminal suspect, defendant transfer expose crime clues and relevant legal prohibition of other information transmission;

   (four) for criminal suspects and defendants, transfer the transfer prohibited items,

   (five) other acts of law, administrative regulations and rules prohibited.

   Defense lawyer meets with the criminal suspect in custody, the defendant, should abide by the detention center regulations, shall not hinder the order management behavior.

   Defense lawyers are one of the first act, the staff should be stopped; to listen to discourage, can be terminated when the meeting, and to inform their law firms or the judicial administrative organ, the lawyers' association.

   Article twenty-second [communication] lawyer with the criminal suspect in custody, the communication, the detention center for the inspection of letters.

   Wang Xing commented: "Criminal Procedure Law" did not give the power, who has the right to give the authorization?

    Wang FuSuggestions: lawyer with part of the suspects, defendants communication belongs to the defense work, communication content belong to the legal right to confidential information, this article gives the letters to the inspection is the right of the lawyer's confidential infringement, but also on the "criminal procedural law" in article forty-sixth violation.

   Article twenty-third [under residential surveillance and communication meeting] lawyer with the criminal suspects, defendants met and communication, according to the relevant provisions of this chapter.

   Wang Xing: this provision is the lawyers met with the monitored in the suspect, defendant to be even more difficult than met the detained suspect, defendant. For meeting the latter will have a clear management authority -- the meeting. While the former is likely to encounter who don't give the formalities of embarrassment. But in fact, according to the "Criminal Procedure Law" in article thirty-seventh, not the lawyer meets monitored in the suspect, the defendant need to go through the formalities for approval or conclusion. But the law seventy-fifth, seventy-six of the monitored in suspect meeting and communication restrictions can not be understood to include and defense lawyersMeeting and communication. So, defense lawyers criminal suspects, the accused shall not be restricted.

   Views and suggestions of Wang Fu: this rule in practice easy to make the lawyer was sent to prison in the suspect, defendant to be even more difficult than met the custody of suspects and defendants, with the latter because clear met with administrative authority -- the. While the former is likely to encounter who nobody for met with embarrassment. The article meets for organs and personnel (to monitor personnel as appropriate). Based on the "Criminal Procedure Law" to the provisions of article forty-six, the provisions of deletion check.

Four, marking

   Article twenty-fourth [range], marking the way lawyers of the people's Procuratorate date, consult, extract, copy the file material.

   The materials include the litigation documents and evidence. The second case, the retrial case and death penalty cases, the materials include have judicial case file material end.

   Copy copy, including pictures, scanning, electronic document copy etc..

   Wang Xing: 1, if the understanding of litigation documents? Only refers to the prosecution of submissions, the indictment, or include a decision on filing a case, notice of detention, arrest warrant, identification documents, return card, charge card, draw among decision and so on all procedural legal documents?

   The provisions can not solve the awkward appeal agent in the case of Nie Shubin. The agent has no right marking? But it is clear the death penalty case marking, the problem is where to read? The Supreme People's court, the court of second instance, the court of first instance?

   Opinions and suggestions of Wang Fu:

   1, if you understand the litigation documents? Only refers to the prosecution of submissions, the indictment, or include a decision on filing a case, notice of detention, arrest warrant, identification documents, return card, charge card, draw among decision and so on all procedural legal documents? Given the diversity of materials in the case of general provisions, suggestions for the materials.

   2, in view of the actual situation in practice is similar to the case of Nie Shubin appeal agent was repeatedly rejected the recommendations specified marking, marking the right appeal agent.

   3, the death penalty review cases relates to the court of first instance, the high court, the Supreme People's court, the courts at all levels to prevent buck passing, marking the right should be specified for a class court.

   Article twenty-fifth [notice] marking the case is transferred for examination before prosecution or prosecution, the people's Procuratorate, the people's court shall within three days inform against or bring a case to the case of public prosecution lawyers play materials, after receiving the examination, in order to lawyers.

   Article twenty-sixth [scoring] lawyer program by a lawyer's practice certificate, certificate of his law firm and a power of attorney or legal aid letters to the people's Procuratorate, the people's court to consult, extract, copy the relevant documents. The people's Procuratorate, the people's court shall promptly arrange, and provide the place and relevant equipment, guarantee the lawyers have plenty of reading time. Due to the people's Procuratorate, the people's court marking and other reasons can not be timely arrangement, it shall explain the reasons to the lawyer, and stipulate specific marking date.

   The Wang Xing review: the provisions of the logical relationship problems. The first is the "regulations should be arranged in a timely manner", to protect the "marking time" adequate ", but fails to arrange", also don't support enough time? Fails to arrange, lead counsel failed to understand the case to submit marking defence or do trial? In practice, to prosecute or to open a court session to arrange marking, how to solve?

   Opinions and suggestions of Wang Fu:

   1, about the time the lawyers, lawyers should not only guarantee enough reading time, but also to the lawyers after the sufficient analysis and the defense time.

   2, the implementation of the first recommendations of the case, the third sentence: "because the people's Procuratorate, the people's court...... And agreed to specific marking time "no necessary provision, proposed to delete.

   Article twenty-seventh [confidentiality obligations] the materials counsel shall on the case to any confidential, to extract, copy the materials for safekeeping, shall not be used for purposes other than in the case of defense.

   Wang Xing: 1, this issue can not be avoided, then just say, what is called "other uses" defense outside? How to understand "the defense case"? The defender believes the case verdict not made previously, all the work he did was for "the defense", so he and the use of these materials in the case can not?

   2, according to the principle of open trial, long after the court proof quality certificate, the material is disclosed. Also asked the lawyer to keep it a secret?

   3, to the duty lawyer set secret what legal basis or value based on considerations? If the criminal suspect, the defendant agreed to open? The principal and the public's right to know and how to balance?

   4, if the initiative public authority? Lawyers have no obligation of confidentiality? If the handling organs discloses A part of the case, the defense lawyers for the parties interests have no rights to open B?

   Opinions and suggestions of Wang Fu:

   1, lawyers for the protection of criminal suspects, defendants rights of all work done for defense. According to the principle of open trial, the court proof quality certificate, the material is open, if the criminal suspect, the defendant agrees, defense lawyers public archives is not only legal, but also is a good adherence to the principle of open trial; media supervision is the open trial have security, and any media responsible are required an empirical analysis of solid and strict, if not to open the case materials, the media do?

   2, in practice, there are often the case handling organ without investigation (or intentional) released the suspect, the defendant committed serious crimes, great social harmfulness of false news, in the case handling organ refuses to restore the truth to the public, lawyers on the case and the case materials of disclosure is the supervision of public opinion to clarify the effective measures of the facts of the case, also is to respect the public's right to know, to the public disclosure of information distortion due to organ.

   Therefore, the provisions of the law shall not be the case, the materials used for other than those specified in this case is to defend the principle of open trial against and violations, and gross violations of the public right to know.

   Liu Zhiqiang Reviews:Secrecy is necessary, but not without restriction; open trial over the case materials and the need to keep it a secret? In flagrant violations of the public authorities, do not expose to the society?One way this is "the defence"!

Five, investigation and evidence collection

   Article twenty-eighth [counsel submitted in connection with the case materials] defenders entrusted, can material collection and case. The suspect, the defendant lawyer collected at crime scene, not material does not reach the age of criminal responsibility, mental patients belongs to not bear criminal responsibility according to law, shall be in the acquisition of materials from the date of submission of the case handling organ within three days. Defense lawyers collection has important significance on sentencing materials, may also submit the case handling organ.

   Defense lawyers filed with the relevant case materials, the authorities handling the case should be received in time and the place, to counsel submitted materials objective, material sources and the main contents of the relevant conditions and documented, and related materials shall be attached, and issue a receipt.

   Wang Xing: the three day deadline may harm the lawyer. Remote forensics may have three days still can't make it, that is not "suppress the evidence"?

   Master the investigation organ investigation evidence not to disclose the defenders, what mandatory requirements must be submitted to the defense evidenceAuthorities?

    Views and suggestions on the provisions of the first paragraph of Wang Fu: "three" period cannot implement.

    First of all, lawyers evidence if the distance is three days may not rush back;

   Secondly, in practice, the case handling organ knowing that the suspect, the defendant not guilty, deliberately framed happens, if the lawyer criminal suspects, defendants not present evidence to the case handling organ, witness encounter illegal threat and assault? How to remedy?

   Again, if the lawyer's submission time more than three days, what is the result?

   Fourth, given the evidence means evidence collection rights lawyer and compared to limited handling organs, in order to protect the lawyers right to collect evidence and protect the suspect, the defendant's right to defense, should the lawyer forensics to create the conditions and environment more relaxed, and not to make the "three days" of the specified time limit.

    Article twenty-ninth [application]. Did not submit evidence in the prosecution, the trial, defense attorneys thought in the investigation, prosecution period handling organs collected prove the criminal suspect, the defendant not guilty evidence not submitted, for obtaining a people's Procuratorate, the people's court, it shall submit a written application and provide relevant clues or materials.

   The people's Procuratorate, the people's court after examination, that there may be evidence not submitted, shall within three days in the case handling organ within. Public security organs, people's Procuratorate submit relevant evidence, the people's Procuratorate, the people's court shall within three days inform the lawyer consult, extract, replication.

   The people's Procuratorate, the people's court review decided not to take, should the reason to the defense lawyer written instructions.

    Liu ZhiqiangComments: this provision seems reasonable, but against the criminal law article39, the counsel for the defence to a certain limitation, and gives the public authorities certain discretionary power.

   Article thirtieth [investigation] to the evidence provided to the victim's lawyer for victims or their close relatives, the collection of materials related to the case, it shall submit a written application to the people's Procuratorate, the people's court, and explain the reasons for application, specify the need to adopt, collection of evidence or need to survey questions. The people's Procuratorate, the people's court shall, after receipt of the application within seven days whether to permit decision, and notify the attorney. No license, a written explanation shall be given.

   Article thirty-first [apply to the people's Procuratorate, the people's court investigation evidence collection] lawyer witness, not to obtain the units and individuals collected evidence or witnesses,,, the relevant units and individuals do not agree with the defense lawyers to collect, obtain evidence, the defense lawyer may apply to the people's Procuratorate, writing the people's court for the collection and obtaining of evidence, and explain the the reason for the application, state the need to collect evidence obtaining, content or need to investigate an outline.

   The people's Procuratorate, the people's court shall, after receipt of the application within five days of the decision to agree, and notify the attorney. Not approved, a written explanation shall be given.

   The people's Procuratorate, the people's court according to the provisions of the preceding paragraph shall collect, obtain evidence, according to need can inform the defence lawyer. Collect, collect evidence, it shall timely notify the attorney replication.

   Article thirty-second [to imprisonment or detainees] defense lawyer investigation to lawyers and law firms practicing certificate to prove, to being imprisoned prisoners of investigation and evidence collection, prisons and other regulatory authorities shall provide appropriate places and the necessary facilities.

   Defense counsel to the criminal suspect in custody, the defendant shall be subject to investigation and collection of evidence, the case handling organ license handling the suspect, the defendant case.

Six, defense activities

   Article thirty-third [the authorities] to take the obligation to inform, change, cancellation of the compulsory measures, examination and approval of the arrest, extended or re calculated time period of investigation, to withdraw the case, transferred for examination and prosecution, prosecution, trial, sentencing hearing is postponed, termination, shall be submitted to the death penalty review and attachment, seizure, freezing of property and other major program decision, it shall timely inform the lawyer.

   Wang Xing: why don't comment on the "timely" for three days? Don't inform us what to do?

    Wang Fu: the views and suggestions shall timely designate as "the three day" is more appropriate for.

   Article thirty-fourth [opinion] listen to the defense lawyer investigation authorities in the investigation before the end, the people's Procuratorate, the people's court in the review and approval, decided to arrest, the Supreme People's court during the period of review of death penalty cases, lawyers request, the case handling organ shall listen to the opinions of the defender. The people's Procuratorate for examination and prosecution, the people's Court of second instance decided not to open a court session, it shall fully listen to the counsel's opinion.

   Defense counsel to reflect the views or to submit the evidence, the case handling organ shall receive during work time and office space, and making a record attached. The written opinions of defence counsel, shall be attached.

   Article thirty-fifth [understanding] cases about lawyer entrusted by criminal suspect, defendant, can understand to the main facts of criminal suspects, defendants suspected or accused of the crime and was mastered, the suspect, the defendant is taken, change, cancellation of the compulsory measures situation, and the investigation organ to extend the investigation detain deadline etc..

   Article thirty-sixth [application for alteration, cancellation of the compulsory measures] defense lawyers can be written application to the authority to change or cancellation of the compulsory measures.

   The authority should be in receipt of the application within three days after the decision is made. Defense lawyer's application in accordance with the law, the case handling organ shall timely modify or terminate the compulsory measures; the examination that should not modify or terminate the compulsory measures, shall inform the lawyer, and explain the reasons in written form.

   Article thirty-seventh [for] the exclusion of illegal evidence in defense lawyers in the investigation stage, the prosecution stage, the trial stage, the death penalty review stage found evidence relevant to the case in any of the following circumstances, may apply to the case handling organ for the exclusion of illegal evidence:

   (a) is a method of collecting evidence illegally;

   (two) collect evidence does not meet the statutory procedures, may seriously affect judicial justice.

   Defense lawyers find illegal evidence before the court, should be brought before the court.

A lawyer for the exclusion of illegal evidence, should provide clues of illegal evidence gathering personnel, time, place, method, contents or materials.

   A lawyer for the exclusion of illegal evidence, the case handling organ shall listen to the opinions of counsel, examine and verify evidence according to the legal procedures, and shall decide whether or not to exclude.

   Wang Xing: 1, the defendants and their counsel row non application rights before the court is not justified. "Can" put in before the court, of course should also "can" put forward at the trial.

   The provisions of the 2 paragraph, third absolute is a perversion of the law. Defense lawyers and defendants for row non, should provide a clue. However, for clues should contain no legal mandatory provisions. Because in many cases, was torture to extract confessions parties understand that the clue is very limited, may only know what name, can only remember the place did not remember the time, however, the expression is the content into the element must contain, indispensable. Natural easily handling organs to not be dismissed on the ground for clues.

    Wang Fu views and suggestions:

   1, the defendants and their counsel row non application rights before the court is not justified. "Can" put in before the court, should also "can" put forward at the trial.

   2, defense lawyers and defendants for row non, should provide a clue. The trail, namely about illegal evidence "traces", the clue is not evidence, in most cases, the illegal evidence of the parties to understand cues content are very limited, can only know what name, also can only remember the place did not remember the time, could only remember the torture other don't remember, therefore, any the provisions on the article third part or all of the contents shall be deemed as illegal evidence. And the expression will be the elements specified personnel, time, location, methods, contents must be included, as are the. Practice is the case handling organ to clue not refused to apply for.

   Article thirty-eighth [trial] lawyer on the basis of the convenience of hearing notice, a lawyer's practicing certificate into the people's court for trial.

The people's court shall provide the necessary conditions for carrying out defense lawyer in court.

   Wang Xing: 1, can directly regulate the defense lawyer from security?2, there are tables and chairs, power supply, drinking water is not a necessary condition? How to define?

    Wang Fu views and suggestions:

   1, should stipulate the lawyer from security;

   2, in practice, some court refuses to provide the power of attorney of notebook computer tables and chairs, some people's Court banned the lawyers will fluid into the court, and refused to drinking water does not provide, or even individual Court banned the lawyer of the notebook computer into court...... Suggestion: put tables and chairs, power supply, drinking water and other necessary conditions, list detailed provisions.

   Article thirty-ninth [application] right before the trial lawyer can advise summoned before the court session, or proposed to change the jurisdiction, avoidance, supplementary identification or for re authentication at court. The people's court shall review the defense lawyer's application, make a decision without delay, and inform the lawyer.

   Defense lawyers are legitimate reasons for the change of the time of the session, the people's court shall permit.

   Article fortieth [right] in the trial. During the trial, the defense lawyer may legally apply matters, the material in the burden of proof, evidence stage; with the permission of the presiding judge, to the defendant, witness, identification of people asking questions, on the evidence and the case, and the public prosecutor comment and debate. The court shall deal with the prosecutor and defense counsel materials and opinions.

   During the trial, defense lawyer for the defendant in court remove entrust relationship or to refuse to plead for the accused, out of the court, shall be subject to the permission of the court

   Wang Xing commented: "lawyers were forced out of the court", the follow-up to dispose of? The rights of defense counsel how to remedy?

    Wang Fu views and suggestions: lawyers were "forced to take out of the court", no right to determine organ of the court from the lawyer is appropriate to identify, no way to relief law back in court; suggestions which made this clear.

    Liu ZhiqiangComments: the first is very much, but not in place; second is very funny, remove entrust relationship out of the court is the court agreed?! Does the court have the right to decide the intentions of the trustor?

   Forty-first defense lawyers and defendants [AC] in the trial process, with the permission of the court, the defense lawyer may make necessary communication and the defendant.

   Forty-second [] in addition to court records may be leaking state secrets, business secrets and personal privacy, with the permission of the court, trial lawyer can be recording, video on trial or apply to consult, copy the people's court recorded audio, video.

   Defense lawyers in the trial procedure of recording or audio, video data shall be properly kept, shall not be used for purposes other than in the case of defense.

   Wang Xing: 1, first a question, "with the permission of the court,...... Can be...... Or apply for......" Don't put, consulting and copy audio and video applications, have the permission of the court?

   2, why the courts and prosecutors can video on trial recording, and the defender can not? Can the provisions for "defense lawyer has the right to trial video recording, but shall not affect the normal"? During the trial lawyer or regulations "have the right to access, copy the people's court recorded audio, video"? Since it is a public trial, afraid of what?

   The provisions of the 3 paragraph, the second logical confusion, no reason. Since it is a public trial, defense lawyers in the trial procedure record belongs entirely to the lawyer, who has the power to control? What? What is called "other uses" outside the defense? Such restrictions on where? The Beihai case, the trial videos are the court system of organizational learning view, the court what do? Is it right? Beyond the "other uses besides the trial"? They have got the court trial video report Is it right? Is "improper use"? Use only limited by what lawyers didn't what the opportunity to get the recording?

   Wang Fu views and suggestions:

   1, the first a question, "with the permission of the court,...... Can be...... Or apply for......" The proposal to delete "two characters, application".

   2, allow the courts and the prosecution to Court banned video recording, video recording is not only unfair defender, violates the principle of open trial, and bring inconvenience to the defense work. As a legal person, has the right and obligation of the trial data were saved for research, academic exchanges, teaching and other legitimate purposes, only in this way, can realize the open trial, also can effectively promote the development of legal career.

   3, second suggestions if the provisions of the second paragraph, not only no need, development will hinder the realization of open trial and legal cause, the proposal to delete article second "shall not be used for other purposes other than in the case of defense".

Seven, the appeal and accusation and legal liability

    Liu ZhiqiangComments: This is bullshit! Lazy detailed comment on, it shows a problem: public authorities illegal, violating attorney the right to counsel, that you lawyers to appeal ah, we set the framework for the accused; and these illegal public authorities assume what responsibility? Don't know, not specified! While the lawyer behavior compliance, illegal, crime, how to deal with, all in readiness. You will understand why public power illegally, they have no cost, no cost, no responsibility.

   Article forty-third [against] one of the appeal, the people's Procuratorate, public security organ People's court and its staff have the following hinder the defense lawyer to exercise their litigation rights behavior, the defense lawyer may to the authority at the next higher level, at the same level or appeal, a people's Procuratorate stage control report:

   (a) shall inform the lawyer did not inform according to law;

   (two) put forward according to the defense lawyer's application, not to receive, reply;

   (three) shall be licensed lawyer application without license in accordance with law;

   (four) shall listen to the opinions of the defense lawyers did not listen to the law;

   (five) the other obstacles to counsel to exercise their litigation rights in accordance with the law.

   Article forty-fourth [review] appeal and accusation, defense lawyer accused of the complaint, it shall submit a written material. The superior organ or the people's Procuratorate shall make a decision on the complaint, accusation materials received within ten days after the written reply, and the defense attorney. The superior organ or the people's Procuratorate think lawyers complaint, accusing the case handling organ, shall be ordered to correct.

   Defense lawyers to make decision processing organ at a higher level or the people's Procuratorate of, can appeal to the people's Procuratorate at a higher level, sue. The people's Procuratorate at a higher level shall be handled in accordance with the provisions of the preceding paragraph.

   Article forty-fifth [lawyer] reflect the defense lawyers that the public security organs, people's Procuratorate, the people's court and its personnel impede their exercise their litigation rights according to law, administrative organs, judicial to can the case handling organ is located or the local law firm lawyers associations reflect. The judicial administrative organs, lawyers association upon examination that is the case, can suggest the investigation and verification to the relevant case handling organ.

   Article forty-sixth [prohibition and obligation of confidentiality] defense lawyers involved in criminal activities, shall abide by the discipline of the court and the relevant provisions, without any obstruction, interference action of normal behavior.

   And information about the lawyer client known in practice, have the right to keep confidential. However, defense lawyers in the practice activities, aware of the client or other people, or are being implemented to endanger national security, public safety and serious endanger the personal safety of the crime, the judicial organ shall timely inform the.

   Wang Xingping: "the rules of the court and the relevant provisions of the relevant provisions," what name? This is to kill people.

    Wang Fu views and recommendations: delete "relevant provisions", the "Regulations" is easy to cause the arrogation of criminal judicial power to the administrative power, industry disciplinary power.

   Article forty-seventh [illegal] the case handling organ treatment found defense lawyers have illegal acts, it shall timely notify the attorney law firm where the judicial administrative organ or the bar association. The judicial administrative organ or the lawyers association shall file a defence lawyer, the survey found there are illegal acts, shall be in accordance with the relevant laws, regulations, rules and standards, given administrative punishment or penalty to the lawyer, and the results will inform the authorities handling the case writing.

   Defense lawyers act constitutes a crime, shall be investigated for criminal responsibility according to law.

   Wang Xing: 1, if the case handling organ in accordance with the provisions of the association found that lawyers not bound files, Is it right? Also "should be" prompt written notice? Do not inform all the mistakes? As long as the notice, whether or not the evidence does not make sense, the judicial administrative organ or IBA to "file"? The judicial administrative organ and the lawyers association is how the division of labor? Two in the law, what is the relationship? Which one is actually notice procedure and authority.

   2, if there is no illegal acts?

   Article forty-eighth the people's Procuratorate investigation [] lawyer suspected of a crime, the public security organs found lawyer suspected of a crime, or accept the report, complaint, report, the relevant organs of the transfer, in accordance with the jurisdiction of Criminal Investigation Division for review that meet the conditions, shall be undertaken for the defense case investigation organ at the next higher level of investigation designated by the other investigation organ for investigation, or from the level of the investigation organ for investigation. The investigation organ shall not be designated to handle the junior defenders case undertaking the investigation organ for investigation.

   Wang Xing: a provision so clumsy, but is the law of repetition, even "shall timely notify the attorney the lawyers' Association and the law firm" such provisions are not.

   Wang FuSuggestion: increase "shall timely notify the attorney the lawyers' Association and the law firm".

Eight, other

   Article forty-ninth [assistant] according to the defense needs, supporting the work of other lawyers or assistants can be engaged in the case, the case handling organ shall provide convenience.

   Participated in the defense of auxiliary personnel shall abide by the relevant laws, regulations, rules and the requirements of lawyer.

   Wang Xing: Assistant to assistant identity can be present at the meeting? Can you to assistant identity to participate in the trial?

    Wang Fu views and suggestions: taking into account the actual needs, should be specified in the defend seats adding auxiliary seats, allowing other lawyers, assistant personnel to attend the auxiliary seat provides auxiliary work for lawyers.

   Article fiftieth [the] the term "judicial authority", is responsible for the investigation, the public security organs, the prosecution and trial work of the people's Procuratorate and the people's court.

   Wang Xing: legal investigation organ also includes the state security organs, the security departments of the army and prison.

    Wang Fu views and suggestions: legal investigation organ shall also include the state security organs, the security departments of the army and prison.

   Article fifty-first [] in addition to legal aid laws and regulations provide otherwise, the provisions of lawyer criminal legal aid cases of defense activities.

   Article fifty-second effective date] [the regulations shall come into force upon promulgation. The inconsistent with the provisions issued prior to the date of the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security, the Ministry of Justice jointly issued with these Provisions, these Provisions shall prevail.

In the