Wei Dong, Professor of Sichuan University law school forwarding "criminal law of the survival and development of the road"

[Abstract]The criminal law should be their own historical mission to rise to the heights, fully aware of the criminal defense for social, national and the value of criminal law, the criminal suspects and defendants, value and value to the lawyer and lawyer industry, the sacred mission to enhance the sense of criminal defense. The blueprint for criminal lawyer to comprehensive planning lawyer career planning and development, criminal defense performance, fine work every criminal defense services; planning the development of the criminal defense skills, meticulous research every bit of criminal law theory; planning the development of criminal defense skills, meticulous review every criminal judgment rule; planning the development of criminal defense blueprint system integration, criminal defense force and platform; planning the development of criminal lawyer blueprint, systematic accumulation of solid legal knowledge and comprehensive experience in handling cases; planning the development of the lawyer system construction blueprint for life, a lawyer to protect himself safe network.

[keyword] criminal defense lawyer defense skill performance defense defense platform blueprint

The present Chinese criminal lawyer is necessary to go beyond the "criminal defense business" problem, comprehensive reflection "criminal lawyer", appropriate planning of survival and development of the criminal law. This basic standpoint, this paper discussed the following two problems for Law Reference: one is the sacred mission of improving the criminal defense, two is the blueprint for comprehensive planning lawyer career.

The sacred mission of criminal law, to enhance the sense of criminal defense

Criminal defense is a great cause, is a great art, we need to enhance the sacred sense of mission, work with full enthusiasm, dedication dedication, is carried out seriously, carefully explore, create brilliant.

However, now the law, because of a variety of complex reasons, many lawyers do not want to be engaged in criminal defense business, most of the lawyers basically do not criminal defense business, this phenomenon has been repeatedly confirmed, including the National Lawyers Association statistics also show. It is understood, in real life there are some of the lawyers really look down on criminal defense, criminal defense is declared "Pediatrics", that the legal adviser, civil cases, significant non litigation legal services legal services is the cutting-edge business. In addition, some opinions on the society, such as criminal defense attorney "for the bad guys speak, play the Jackal to the tiger, with the money he misfortunes" and so on, may have made many of US attorneys for criminal defense business stop. Coupled with the individual parts of our lives in the investigation organ, public prosecution and judicial organs for illegal and take revenge for the defense lawyers, exacerbated some of the lawyers fear psychology, make many lawyers are not willing to, also dare not to engage in criminal defense services, like defense lawyers also bad suspects like, no the confidence and pride. Apparently, value and position of this relates to how to correctly understand the criminal defense lawyer business problems, and only to clarify this question, criminal lawyer to have correct ideas and actions, especially for our young criminal lawyer is even more so. If not clear this point, all our thought, idea, motivation and behavior may be chaotic, no art, our mental outlook, work motivation, wisdom potential could be very worrying! Therefore, it is very important to solve the problem of the criminal defense business value and status.

So, how to understand the criminal defense business value and status? The author thinks, should from the perspective of criminal lawyer's duty, duty and historical mission etc.. As we all know, criminal lawyer (lawyer) is the duty of law of criminal procedure thirty-fifth clearly stipulated: "the responsibility of a defender shall be according to the facts and law, materials and opinions proving criminal suspects, defendants not guilty, a mitigated punishment or exemption from criminal responsibility, criminal suspects, defendants, safeguarding the legitimate rights and interests." Therefore, it can be said that the criminal law is the responsibility of the "one-way defence", which is only one-way, from starting to suspect and defendant angle, position, according to "opinions put forward defense of the suspect, the defendant not guilty, a mitigated punishment or exemption from criminal responsibility, but not"; in the opposite direction, is not charged, expose crime, aggravated crime content direction.

It is understood, the historical mission of lawyers the lawyer law of some countries and areas in the world are provided, such as our next to Japan, South Korea and China's Taiwan province had the lawyer law clearly stipulates that the lawyer's mission. Japanese law the very first article stipulates: "lawyers for the protection of basic human rights and social justice for the mission."[1]In order to understand, we can say, the criminal lawyers should be our own historical mission to the proper height, this is criminal lawyer should be to safeguard the criminal suspects and defendants in criminal procedure, to achieve the basic human rights of criminal suspects and defendants Gong Zhenghe processing for oneself, so as to guarantee basic human rights and realize the whole the purpose of social justice in the whole society basic. This mission is very sacred and great, is not profane and slander! In this sense it can be said, a criminal lawyer also stresses the need for "fair"! But it should be noted, "justice" in the criminal defense business in full only one-way defense of justice, which can only be made "in accordance with the law of criminal suspects, defendants not guilty, a mitigated punishment or exemption from criminal responsibility," one-way contradicting opinions by criminal lawyers, and shall not include charges, expose criminal guilt, increase content of the comments. In other words, the criminal defense business once contained allegations, expose crime, aggravated crime content views, is contrary to the criminal law and criminal defense "justice" is the pursuit of value, serious illegal, because it violates the provisions of the criminal procedure law and the lawyers clear method! And because of this "criminal justice" is applicable to any of the suspects and the accused, because each of US nationals in the basic logic are likely to become a criminal suspect or defendant, so this is just for the people's justice, the rule of law is the inevitable requirement of national justice!

This kind of understanding, provides evidence on the surface seems just right for some attack criminal lawyer remarks: criminal lawyer is not "specifically for the bad guys talk, play the Jackal to the tiger, with the money he misfortunes"? In fact, this is wrong, just superficial view! If according to this understanding, this logic, that is not to say that the criminal procedure law of criminal procedure law of our country and even the whole world is wrong, unjust, not said lawmakers lawmakers to our country and even the world is absurd? Obviously, for criminal lawyer this superficial understanding and rude denigration not but very wrong, and is very harmful to the individual, society and the state, is very harmful to the construction of rule of law!

To illustrate this problem effectively, the value of criminal defense, the author from the following three aspects to carry on the analysis: one is the criminal defense for social, national and criminal law value; the two is the value of criminal defense for criminal suspects and defendants; three is the criminal defense lawyers and lawyers for the whole person value.

(a) the criminal defense for social, national and criminal law value

If a country needs the rule of law, democracy and justice, human rights protection, the healthy and orderly, then this country certainly cannot do without lawyers, including of course our criminal lawyer. Some scholars pointed out: from the legal perspective, the lawyer is "legal division, righteous," should be to safeguard the legitimate rights and interests as their responsibility, to promote democracy and the rule of law, the realization of social justice for the bounden duty.[2]This is a very accurate!

Why a modern country without criminal lawyer? The simple answer to this question is: the basic value of modern state is different from the traditional old country, is to maximize the protection of human rights, to maximize the promotion of social development, embody the maximum relative justice, minimal need to maintain order (value three large and one small)! To achieve such a goal (national public policy objectives and criminal policy objectives), rely on the national investigation, prosecution, judicial organs and administrative organs and other state machines are not fully realized, and can be realized only in a comprehensive and effective participation in the criminal law! Because, if there is no criminal lawyers involved in, if only the public prosecution and judicial organs, so this time there was no need for the judicial organs, because the prosecution case no lawyer in words can be done or doThe suspect and the defendant was convicted of the 100%, since all of the crime suspect and the defendant can be convicted of such a set of results, that you have the judicial organ stem what? The next question is generated, since there is no judicial organs can be convicted, that you want the prosecution organ dry what do not permit the public security organs, direct the conviction of all criminal suspects sentenced more convenient, in this case handling logic, then the prosecution can not. In fact, the judicial logic that is "absurd logic of" Cultural Revolution ", defy laws human and Divine rule logic, this logic will inevitably lead to a retrogression of rule by law of our country, so it is we are resolutely opposed.

Therefore, any modern country must give full play to the role of the defense function of criminal lawyer, that only through a comprehensive and effective participation in the criminal law, can be in accordance with the law, effectively safeguarding the suspect and the accused person's legitimate rights and interests, can be in accordance with the law, effectively maintain the correct implementation of the law, but also can be in accordance with the law, effectively supervise and promote social equity and justice! Because:

First, the criminal law safeguard the legitimate rights and interests of the criminal suspect and the defendant in accordance with the system itself has the social and political significance, is advantageous to the whole country and society healthy and orderly development, conducive to the protection of the legitimate rights of citizens. Because, in the basic sense, each of US citizens, whether you are citizens, or state officials including the judiciary itself, is a potential criminal suspects and defendants, and criminal suspects and the accused in itself is not necessarily true. Furthermore, even the criminals themselves, there are a fair treatment and treat problems, severe punishments vary, for exampleDeath penaltyImmediate execution and sentenced him to 1 years, with 10 years of great difference between. In our real life, how many people can be sure my life will not become a criminal suspect or defendant in their life? Who also said not clear! So we say, protection of human rights of criminal suspects and defendants, in fact, not only is the criminal suspects and defendants, is more than just a criminal lawyer problem, but it is the protection of the rights of all citizens, is the whole country and society can healthy development, human rights can effectively get great support!

Second, justice strength of national public power is not a moment is very trust, a major threat and risk at least there is a national public power intentionally or unintentionally, abused, have an ulterior motive of people to use, so it always need supervision and control. In the field of criminal law, the power of supervision and control of the main force is the criminal lawyer! In the framework of current system of criminal justice in our country design, both as a common citizen or as state officials, are likely to be wrong, it may not be safe. She Xianglin and Zhao Zuohai national should be regarded as the citizen right, but they are still the procuratorate and the people's Court of individual investigators joint case handling done legally murderer, men ten years before leaving to redress! As government officials, the people's police Du Peiwu, also is his individual close comrades do a murderer, just because the criminal law of unremitting efforts was sentenced to death with a two-year suspension of execution, until accidentally discovered the murderer to clear! These examples are very persuasive! In fact, in real life there are a lot of She Xianglin, Zhao Zuohai, Du Peiwu have not been exposed and released, these are not individual phenomenon is worth every one of us reflection.

These phenomena, on one hand, we must act in strict accordance with the law the case handling organ, strengthen self-discipline; on the other hand also fully illustrates the extreme importance of the criminal law. Only by giving full play to the role of the defense function of criminal law, in order to maximize the effective against She Xianglin, Zhao Zuohai, Du Peiwu and other similar miscarriages of justice, in order to maximize the criminal justice without error, and to maximize the protection of the healthy development of the country and society, to maximize the protection of human rights!

Therefore, our criminal lawyers don't look down on the criminal defense, not gray, lack of self-confidence, but to have a sense of the sacred, self-confidence to be proud of, have an imposing appearance, speak in excitement emotion!

(two) value of criminal defense for criminal suspects and defendants

From the criminal suspects and the accused's perspective, is of great significance and value of criminal defense. We pay attention to it can be found: in some cases in real life, some of the suspect and the accused is his own "said" as criminals, some is the agency to take the crime suspect and the defendant "do" as criminals, one of the reasons is that no effective participation and strong defence of criminal lawyer! This case should not in the minority, She Xianglin, Zhao Zuohai, Du Peiwu and other miscarriages of justice both the individual investigators "get", but the parties themselves to "fix" own. It is said that Nie Shubin case has Nie Shubin pleaded guilty in court phenomenon, and as the defender of criminal lawyer is the so-called "Zuiqing defense" rather than "innocence", so there is some responsibility in criminal law!

There are some of my personal experience in some cases, such as the closure of some places in the case of intentional homicide, a pair of bribery case, a formation of a rape cases, is mainly composed of the suspect and the accused his confession to qualitative processing. Chengdu City Pixian has a case of intentional homicide, at first the prosecutor the materials and evidence to maintain the confidentiality of the defense lawyer, until the court before the court is in the "secret", the result can not accurately grasp the situation of lawyers and the case evidence. The public prosecutor handed over to the main evidence in court only copy of a defendant's confession (in fact, a total of more than 10 statement), the statement on the defendant's signature is "above, read it to me, and I said", plus the defendant told the lawyer some wrong information, say what I have only this time this confession, but each time the sign they are read to me, I was signed, and so on, directly led to the first decision lawyer to plead not guilty. However, the trial situation completely reversed, criminal lawyer can only act as circumstances dictate, improvisation, temporary justifies the adjustment of ideas and to make light offence defense, it should be said later trial results is quite satisfactory. Such cases, the main charge of evidence and the final conviction evidence, confession of defendant is own, belongs to the crime suspect and the defendant is the typical of their "said" as a criminal case, the role of criminal defense function of the criminal law is very important and key.

Now some cases of bribery, criminal suspects and the defendants are often in the defense lawyers intervention to tell the lawyer, said he was wronged, is the relevant investigators tempt even the threat forced him to violate the objective fact to admit, but did not actually take this pen or pen to stem financial payments, I come into contact with such cases, especially when the criminal suspect or defendant "swear" to say a few allegations are false, being wronged, I often shocked! To tell you the truth, I sometimes believe the suspects and the accused, call truth revealed, but in some cases, the situation is very complicated, the accused person in the investigation period or in the lawyer met before is always admitted to the bribery, now suddenly to the defense lawyer cry, what should I do? This is a big problem, not good, our criminal law can be reduced to misery Li Zhuang lawyer. In this regard, I always adhere to the practice is: first, solemnly told the criminal suspects and defendants, four words, is to "seek truth from facts"; second, carefully and patiently listen to the statements and explanations of criminal suspects and defendants, especially about its reason and evidence; third, serious and seek truth from facts. To reflect the situation of procuratorial organ or the people's court, and ask questions, request the people's Procuratorate and the people's court in a serious and responsible attitude to investigate and verify the facts. However, in some cases, are impossible to verify or even can not be changed, and we must pay attention to rational rational criminal lawyer, can not give up, but can not lose; especially need to be treated with caution. The problem, sometimes, over supply will directly lead to criminal law by crowning calamity the crime suspect and the defendant must therefore be careful, serious treat. In principle, the criminal law should not directly encourage the crime suspect and the defendant confession, and can prompt them to "seek truth from facts" confessions and excuse.

Similar to the case, if the reason is because no criminal lawyers involved in the resulting innocent words, that it is very worrying. It should be said, the suspect and the accused in these cases especially need criminal lawyers to defend professional criminal, their legitimate rights and interests can be legally effective maintenance. Visible, criminal lawyer for criminal suspects and the accused is very prominent, and even become the decisive force decided they wield absolute power in some cases, so criminal lawyer a heavy responsibility, we must pay great attention to lawyers and even the whole society!

(three) value of criminal defense lawyers and lawyers for the whole industry

According to the data, the criminal defense is the source and the beginning of lawyer system, lawyer system originated earlier than. The lawyer system originated in the criminal defense system, originated from the system of criminal defense, criminal defense lawyer is the most basic business, is also the most basic duty lawyer.[3]Visible, the criminal defense has value and a very significant role for individual lawyer and the lawyer industry. These values and effects can be summarized as the following:

First of all, the criminal defense is an important aspect of the law, criminal defense business is of great political and economic value. From the political perspective, the lawyer industry has to include criminal defense. If there is no criminal defense, lack an important link of the construction of socialist rule of law and harmonious society and an important force, therefore, lawyers must make due contributions in criminal defense. But, if say that lawyers are not willing to, or not be able to play its due role in criminal defense lawyers, overall not to play its due role in the construction of socialist rule of law and harmonious society, then it will influence the construction of a harmonious society in China, the criminal law. In this way, will affect the whole lawyer occupation image and reputation of the industry, will also affect the whole law in national political and social life of the status and value, and form a devastating blow to the lawyer's industry. So, every lawyer should be from the political perspective to understand the criminal defense business, it is not only related to our country political and social construction of the rule of law and the construction of harmonious society, but also directly related to the survival and development of the lawyer industry future; every one of our lawyers are responsible for caring for criminal defense, like we care about their survival development as important, can not be ignored!

On the other hand, criminal defense also has the very important political and economic value to the criminal lawyer. The reason is very simple, because the criminal defense, criminal lawyer may play a great role in social political and economic life, widely society effect, which can make the criminal lawyer played a very important role in social and political life, improving criminal lawyer personal political social status and quality of life. To successfully defend criminal lawyer can often bring huge economic benefits directly, may also bring some indirect benefits, such as lead related civil cases, legal counsel and other important business lawyer, so criminal defense for criminal lawyer individuals must also has huge economic value. As we all know, now the crime problems are becoming more and more serious, more and more cases, it should be said that this is a social phenomenon is associated with the process of social and economic development, at the same time it also criminal law provides a broad space for development. Marx and Engels pointed out long ago: the crime of producing a criminologist, lawyers, police, judges, but also the production of development of the criminal law. Now a considerable part of the criminal defense lawyer business is very developed, there are a considerable number of criminal law economic income is very considerable, won the enormous political and economic and social benefits for law firms and lawyers person. Therefore, criminal defense services for criminal lawyer person must also has tremendous political and economic value.

The grand blueprint for the two, criminal lawyer to comprehensive planning lawyer career

The criminal lawyer to lawyer career comprehensive planning is summarized as "six plan", including "three fine and three systems" of the problem, for your lawyer reference.

(a) planning the development of criminal defense performance, fine work every criminal defense business

The performance of our performance -- criminal defense, must be planning problem!

How the development of lawyer profession, how different lawyers and small law, specific embodiment is the size of the performances of lawyer. Therefore, every one of US law, including criminal law, must attach great importance to planning for the development of our "performances of lawyer". For example, we ask: the lawyer Is it right? Real estate lawyer expert? The standard is actually a: the lawyer to do a lot of real estate lawyer business performance, the performance of which prominent, high impact real estate lawyer. If, the Tiananmen in Beijing City Plaza is the lawyer (performance), Chengdu City Tianfu Square is the lawyer, Chengdu City Hall luxury office buildings is the lawyer, half of Zigong city construction are the lawyers do, so, you say how this lawyer performance, Is it right? Real estate expert lawyers? The answer must be yes. Then, performance of this lawyer real estate law need not say, perennial legal counsel clients are likely to please the lawyer as a Real Estate Company, because this is an expert in the field of real estate law, its performance is very good, it is worth to trust.

Similarly, our criminal law must attach great importance to the planning and development of the criminal defense performance, only performance is up, we can be called the criminal defense lawyers, we can in a dominant position in the criminal defense business. I introduce my personal achievement in criminal defense, I made more than 200 defense of criminal cases, this number should say there is a very convincing, any party after listening to see know will trust me. And not only so, I can also blow one's own horn in the quality and the influence of the hand: I was one of the Sichuan Provincial lawyers handling cases of official number top lawyer, I is about more than 30 officials defended too, including the police and judicial officers and government officials, including Secretary of politics and law, former Secretary of the Discipline Inspection Commission, including the chairman of CPPCC county the mayor, the governor, with the same level of; Chengdu City Intermediate People's court lists since ten influential cases, I participated in three of them (the famous Zhang Dejun case do boldly what is righteous, Sichuan province the first money laundering crime, Sun Weiming death caused by drunk driving case), accounting for 30%, is also very persuasive. Therefore, I basically do not belong to those who worry about the case, do not take the initiative to find the source of the law. I'm not to blow one's own horn, my achievement in criminal defense, but rather to illustrate a truth: criminal defense performance is very important, performance number is very important, the performance quality is very important! The criminal defense performance should not only reflected in the number, because the quantitative change can cause qualitative change, so the number is very illustrative; performance but also in terms of quality, so we should emphasize the quality of criminal defense, should emphasize "fine work every criminal defense business".

Therefore, I emphasized that the criminal lawyers to plan the development of criminal defense performance, to have this consciousness, to seize the key and key, is to elaborate work every criminal defense business, seize every opportunity. The lawyer is some of our lack of the consciousness, or not persevere adhere to this consciousness, to relax the stringent requirements of their own, the results missed many opportunities, become careless lawyer, low quality of lawyers, no plan, no do their criminal defense performance. There is no good achievement in criminal defense, how it is outstanding criminal defense attorney, how can there be a good case, good future?

The lawyer case must take quality as life, even to a sense of "carp" degree can be successful, but also to all the time that you can be successful, a good performance to. Now I brought some lawyer apprentice, I teach the lawyer apprentice the biggest harvest is not do things by irregular ways and find the relationship, but the quality of handling cases of refine on and be strict in one's demands, whether criminal or civil case, the lawyer apprentice are experts, the overall satisfaction, satisfaction to what extent, satisfactory to the people the individual special case has been sentenced to death, but the family still give a great deal to understand and express my sincere gratitude to the lawyer, satisfaction to some parties take the initiative to request the legal counsel contract period from year to year to sign a change every three years a sign every five years a sign, and active request to improve the counsel fee standard, is really touching and exciting feeling! And not only so, these experts lawyer I brought out not only the very satisfied, but lawyers also very satisfied, very envious of, these lawyers in their struggle to these experts lawyer I brought up the cooperation case, why? Because these experts lawyer every case is refine on, be strict in one's demands, they don't need you to special requirements, they will have the fine for every lawyer business as their normal work, work conscientiously, work habits. We Sichuan Sichuan Ding law firm management committee special meeting to listen to some legal advice, some lawyers I absorb full-time lawyers in my own students too much, my lawyer business is too concentrated, let my lawyer apprentice lawyers do much and let other lawyers do less, I do some explanation, I hope that they understand. But, I am touched by, other members of the CMC and other parts of the law made clear the full understanding to me, one of the reasons is that, my these lawyers team members really capable, careful, not only I would find their cooperation in handling cases, the other partner is the original meaning for their cooperation. So, these cooperative law itself soon became expert lawyers, quickly achieved very good lawyers, good income, to what extent, including two lawyers very typical, the development speed of the two lawyers quickly to the first year, second years every lawyer to do 20 to 30 a lawyer and lawyer, workload performance equivalent to some new lawyer for five to ten years.

The first layer of meaning is that I would like to express to all the lawyers:To plan the development of criminal defense performance, fine work every criminal defense business.The criminal defense performance, there must be the development of the legal profession; and to do the planning development law performance, the key is the fine work every criminal defense business, every time do not relax requirements.

(two) planning the development of criminal defense skills, meticulous research every bit of criminal law theory

The criminal defense skill is required for planning and development, the core and essence of criminal law theory. Because, the National more is about the rule of law, the courts of the country is more reasonable in court, to speak the truth in the final analysis is about the law jurisprudence (as opposed to the so-called "political"). It can be said that, the criminal defense skills development planning, development planning is the core of the theory of criminal law, is to learn good criminal law, criminal procedure law, evidence law theory.

We must strengthen the criminal lawyer business learning and mastery of the theory, the internal requirements and knowledge reserves regularly on criminal defense business, we have the ability to guide and urge the authorities handling the case fair and reasonable case processing, also have the ability to maximize the maintenance of the criminal suspect and the accused person's legitimate rights and interests, which requires us to counsel must be fine study on every bit of criminal law theory, know small see, systematic and meticulous combination.

I also noticed, some of our case, investigators in disorderly fashion to investigative, procuratorial organs in disorderly fashion to prosecute persons, defense lawyers in disorderly fashion to the defence, judicial personnel also in disorderly fashion to the trial, the defendant also in disorderly fashion to become crime is crime, is very sad. But, anyway, we should strain every nerve criminal lawyer exercise their functions, to maximize the maintenance of the legitimate rights and interests of the defendant. To do this, our criminal law they must strengthen their own business culture, to study law, to the goblin refinement of every criminal law theory, to improve his defense and defense level, this is very important.

I feel this is a very profound, to name just a few examples to illustrate the problem.

I for a drug trafficking cases on appeal in the Supreme Court of Yunnan Province recently, I entrusted agent is one of only 25 years old girl, is the principal in this case and was sentenced to death by the appellant. My cooperative law is a law graduate, senior counsel, for many cases, however, I found that this time he haven't the case of the second instance defense opinions out for my review, and the trial is coming up, so I can not help urged him. The results of this study have lawyers finally revealed the truth, clearly feel the case appellant very wrong, at least not sentenced to death, but it is not good to write clearly the reasons that, to discuss with me to write. I was very surprised: what the case for the defence problem could pose the lawyer "an old traveller", there are so serious? I keep my temper to hear him speak, listen and read files, plus previous scoring record I have examined, to review the evidence and the case, then I found the lawyer "an old traveller" say the problem I have is very clear, mainly involves several criminal law and Criminal Litigation Law: a theoretical problem is trap (abetting abetting and attempted instigation), second is the entrapment (trap investigation or the temptation investigation and control transactions), third are from the theory of accomplice. These three problems clear, carry out, then the possibility of the case of successful pleading is big, so the death penalty criminal defense skills get maximum reflected. As it happens, the first two problems (trap instigation and entrapment) I have specialized research, so I immediately papers and books of my own to the lawyer "an old traveller" reference, third problems is the lawyer "an old traveller found himself". So, the case trial defense opinions will write more level, fully embodies the defense skill. However, the author notes: the case of the original trial attorney and found no such three theoretical problems, can be said in defence is not mentioning this; the court of first instance judges too, so the whole trial of PDJ is such in disorderly fashion for a death penalty case, very regret. Not long ago, I went to the Supreme Court of Yunnan province to the investigators and the leader of opinion, which emphasizes that involved in the case of three such debate points, three theoretical problems, it should be said, very conducive to the trial court to make impartial referee. So, in this case the typical defense skills, I think it is mainly reflected in the criminal law theory level, we must do the research of the criminal lawyer every bit of criminal law theory; no criminal law theory level, it may not be what the criminal defense skill.

There are many other examples can illustrate this problem, defense skills in some kind of significance is embodied in the criminal theory level law, lawyers have the legal theoretical level, to be able to consciously put the legal theory to criminal defense operations, to maximize the persuade prosecutors and judges (sometimes including the investigation of public security personnel), in order to safeguard the legitimate rights and interests of the defendant's goal. The criminal law theory, is the theoretical weapon, the best defense skill is, must be fully applied to criminal defense services.

Also, learning method of criminal law theory involved here in this regard, the author has done some research and thinking in recent years, especially since 2010 I also published a number of essays to explain the problem, very important. I have some not mature experience, I think, in the study of criminal law in addition to the use of basic methods in traditional textbook outside, should also pay attention to the use of the followingFive important position method:One is to adhere to the civil rights of criminal law, qualitative treatment in some cases, this is the fundamental reason why the US defense attorneys and prosecutors have significant differences; two is the standpoint of interpretation to criminal law theory of conservatism, this is our defense attorneys and prosecutors sometimes have a significant difference with the theory of legal interpretation; three is the research method of the system by using the criminal policy theory; the four is the method of comprehensive use of the civil administrative principles of constitutional law and other non criminal law principle; five is the systematic argumentation and meticulous scrutiny of a combination of research methods. These five methods are very important, should arouse our attention.

For example, why study method emphasizes the study on criminal law must be comprehensive use of civil and administrative constitution principle? Because, as we all know, in the conviction and sentencing, not only relates to the theory of macro theory of criminal law philosophy, criminal policy, more involved, and is regularly involved in civil law, economic law, principle principle principle, administrative law principles of constitutional law and other branch law principle, the moment can not open! Theoretically speaking, this is because the criminal law is the various other law's safeguard, replenishment status result; from the practical point of view, this is because we have any crime of conviction and sentencing are required by other departments law knowledge and specification. EspeciallyEconomic crimeIn the problem, cannot do without civil law principle, principle, principle of economic law, administrative law principles of constitutional law and other branch law principle, starting from the subject conditions, identify the legal properties to the objective behavior, it cannot do without laws of other departments. It can be said that, the criminal law experts must be jurisprudence, constitutional law, civil law experts experts experts experts, economic law, administrative law expert, our criminal legislation, criminal investigators, prosecutors, defense lawyers, criminal trial judge must also legal experts, constitutional law, civil law, economic experts expert law experts, experts in administrative law! From this point of view can be said that, the criminal defense lawyer should be legal experts and authoritative, criminal defense lawyer should be the most comprehensive legal knowledge, legal practitioners of the highest standards, criminal defense attorney should be the most promising legal person is the most respected!

Only in this way, defense lawyers to provide effective legal defense services to the suspect and the accused. I noticed a few examples, this is the last time, there have been several cases with national influence our western criminal lawyer (but not all western lawyer to defend), there are lessons to review. For example, a "lawyer perjury crime" in a western city of defense, which does have many wonderful, is worth summarizing defense experience, but I am here only said one of the lessons and improper, is the lawyer proposed "committed" concept and requirements of the highest judicial organ immediately by the judicial interpretation to support its innocence position, here is the knowledge more obvious defects of. Moreover, a "murder" western province of defence lawyer "passion homicide", put forward the concept and regard it as an important reason for the defendant "endless defense" is obviously inappropriate, and it is due to improper defense lawyer causes the network public feelings more surging, the final effect can only be run counter to one's desire. Lawyer appeared in these cases the error and improper, are lawyers defense is worthy of reflection and summary of lessons, one of the most important point, is to strengthen the lawyer's law knowledge and professional training.

(three) planning the development of criminal defense skills, meticulous review every criminal judgment rule

The criminal defense skills also need to plan, the key is still need fine long case, meticulous research, review and summary of each one of the trial of criminal cases, summed up the law of judicial trial. And frankly speaking, is the criminal law to study the judge thinking and action of judge, but also need to study the prosecutors, police investigators thinking thinking.

No study of the judge lawyer may not be a good lawyer, do not understand the judge thinking's lawyer may not be the best lawyers, it is a common phenomenon at all times and in all countries, we should attach great importance to criminal law. My USA friends as early as ten years ago had told me that: in America, excellent law not only familiar with the law, and be familiar with the judge. English expression is "great lawyers know well laws, as well as judges". Not that misunderstanding, don't think USA like China is a human society, lawyers should be familiar with the judge to run case; the meaning is in fact, excellent law not only familiar with the law, but also familiar with the judge thinking, judge rules. This is a very instructive. For example, research I have invited some senior judges for the Sichuan University law school graduate lectures, I also participated in many judges organizing or participating in seminars, expert consultation and I were invited to participate in a number of difficult cases of court organization, I found the law, there are some very interesting "the judge thinking" and rules of adjudication, criminal law is a good summary and application.

Maybe a lawyer will say, we have no chance for the attorney general to provide expert advice or participate in so many academic seminars, good judge thinking and judgment rules are unable to grasp. In fact, this idea may be inappropriate. Everyone should know, the judge thinking is largely embodied in the specific case of judgment, and judicial interpretation and court documents such as meeting minutes, but it needs our lawyers to study and mining. For example, I found, case collection, comparison, research trial results and trial logic, is to discover the judge thinking and judgment rules are an important way. The collection and comparison of similar cases in the benefit of the defense opinion case is very important, especially the collection and comparison with the same kind of influential cases to beat all effect on the judge. For example, when I pleaded not guilty to the vice mayor of Yibin brothers (common bribery 9000000 yuan), I will collect and compare Chongqing "black" in the trial Wen Qiang couple common bribery case, in which the wife to the bribery allegations of hundreds of million yuan, due to the lack of common bribery intention evidence the people's court, no final will be part of this huge property is identified as the wife of joint crime of bribery, and to convince the judge don't assume that the mayor brothers constitute the common bribery. The defense opinion finally obtained explicitly recognized by the people's court, the mayor had not been identified as common bribery, it should be said of our defense was a great success, its important experience is to collect and compare the similar case to convince the judge. For example, a recent court Chengdu City trial Zhou suspected of producing, selling poisonous and harmful food case defense, we are also based on the evidence, the case facts, defend defense entity legal defense on the full treatment, collection and comparison with a particularly influential cases -- Hebei and Shijiazhuang Sanlu milk powder group chairman Tian Moumou case verdicts, why should not the case as a production, selling poisonous foods, and most can only be characterized as a production, sales and shoddy products crimes's point of view, because we know, Sanlu milk powder case of social harm is serious, the social impact is too great, however, the people's court finally only legally recognized as part of the raw material manufacturerThe crime of endangering public safetyWith the production, selling poisonous and harmful food crimes, but still only legally recognized the Sanlu milk powder and its group chairman Tian Moumou constitute the producing, selling fake or substandard products, very similar cases and in this case we defend, also very persuasive. I found, when we published the views on defense, especially when we submitted to the court that the trial of the case of Sanlu milk powder, the judges face told me, the people's court is likely to accept the defense lawyer viewpoint, I even found the public prosecutor's expression is that defense lawyers the defense point of view is not contradictory, the court defense effect is very good.

Similarly, prosecutors and police thought also need to observe, study. I have experienced a "anecdote". Not long ago, one year, the author to make survey in East Sichuan countyWhen the same leaders exchange views, the county deputy magistrate of the County Public Security Bureau concurrently as the director, the grass-roots public security organs leader very warm hospitality to me, and I talked about many problems about rule of law, criminal investigation, supervision of investigation, criminal justice, criminal defense and other issues, I see the police leadership attaches great importance to the rule of law, is very respected lawyer. But the conversation on the way, I changed the subject, I said: in fact, a state police can not be too weak, the police handling different from the procuratorial organs, and also different from the people's court, police should be more of a "guilty inference" thinking, rather than "innocence inference" thinking, because only with the guilty inference thinking, the police can sketch possible crime scene, in order to find potential suspects, in order to determine the investigation thinking and investigation scheme, the right to effective investigation, and only in this way, the crime can be revealed, criminals can Wenfengpodan, society can balance and peace; on the contrary, if the police are too weak, motionless emphasizes the innocent inference, it may indulge too much crime, then the people, society and the country will suffer. At this time, the policeman leadership is very moved and they are very excited, I really understand the police, too understanding of society, is the real experts, must respect my three glass of wine! I quite understand the police leadership mood. Next, I told the police chief said, but the police power should not be too big, too expansive, otherwise it is "police state", and the police state is "rule of law" and draw further apart, the people's police state, society and the state will suffer, such as the police rights cannot exceed the procuratorate and the court, the chief of police (Public Security Bureau) should not be served as secretary of Party committee and commission of politics and law, otherwise, the procuratorate may not fulfill the law enforcement supervision, the people's court may not exercise its criminal jurisdiction. Not long ago, xinhuanet.com reported a very important news release, reported that China's public security organs leaders as the Secretary of politics and Law Committee situation has started to change, the current leader of the provincial public security organ concurrently Secretary of politics and Law Committee ratio has been reduced to less than half, this is a sign of the progress of the rule of law. The police leaders say, he is very agree my. In fact, we also talked about the prosecutors and judges, prosecutors need guilty inference "thought understanding and review the police planned", but also need to maintain sufficient innocence presumption principle of rule of law, especially by prosecutors in the review, largely as a "guilty inference" with the "presumption of innocence" double color of the complex and "contradiction", which relates to the prosecutor objective obligations; and judges, must be strictly the presumption of innocence, the judge can not ask the defendant "you say you didn't steal the money, who stole the money?" "You say you, did not kill, do you have any evidence?" Of course, I talk about the problem, not to blindly to police investigators, prosecutors, judges, or to the investigators who kneels too; but I hope that such a problem, this is our criminal lawyer must observe, study the investigators, the investigators to understand the thinking of thinking way, habits, ways and means in order to select the appropriate, these investigators more acceptable to persuade them to accept the counsel of the views and opinions, to properly select the pleading not guilty, guilty, sentencing defense defense and defense strategies, and eventually to make a qualitative treatment of the case handling organ for criminal suspects and defendants, to enhance the effectiveness of criminal defense.

(four) planning blueprint for the development of criminal defense, criminal defense force and system integration platform

Any enterprise needs to plan, and then to the great achievements in the cause of. Big business, such as The Founding of a Party, Jianguo Weiye, national development cause, these too great cause no one can cause a lack of planning. Likewise, some "small business" around us, such as when an outstanding jurist, when an outstanding teacher of the people, when a good lawyer, also need to plan, but at this point, it is many people, including the ignore our criminal lawyer, some people simply will not seriously, this is wrong, and that this might be our biggest problem. Scientific research requires planning, then these experts, expert, master emerged; criminal lawyers and criminal defence blueprint also need to plan, then may become a good lawyer, lawyer.

How to plan our criminal defense business blueprint? This problem may have special situation, we need every criminal lawyer according to their actual situation to plan, the author here also say not all, only talk about some experience, hope to be able to draw. For example, we want to do a good job in every criminal defense cases seriously goblin refinement, participate in social public welfare activities, especially the public activities of criminal defense lawyers service, including some in handling legal aid cases, also can do what little one can to help work for our criminal defence blueprint. The author has successful experience in this respect. The author himself for the legal aid cases, there were two makes the author has become something of a "well known lawyer": one is for the national well-known do boldly what is righteous person Zhang Dejun to provide legal aid, we successfully carried out a plea of not guilty, Chengdu Municipal People's court made a judgment of acquittal, therefore, I got the Ministry of Justice issued certificate, at the same time, the legal aid cases was named national outstanding legal aid cases, Chengdu City, Sichuan Province, and was rated as typical cases, the author also received a certain degree of visibility, "the first national top 100 lawyers list" list, the famous lawyer Li Zhuang was ranked second, I ranked twenty-second; I handled second pieces of legal aid cases, for a ministerial level cadres in court, which is said to Sichuan provincial organs is the first time in sixty years to undertake the trial at the ministerial level cadres crime cases, and defense lawyers, of course also "eat crab". Feeling, the author in the defense, after trial finished, related to the leadership of the supreme judicial organ are praised me, said i" The defense is very good, very exciting". Therefore, the achievements from the criminal defense experience, take part in more public law activity, is a road to success, is an important aspect of our criminal law of our criminal defense planning blueprint. The public interest lawyers activities, including the provision of legal aid, in the national criminal defense day activities, participate in social legal advice of public welfare activities, to participate in earthquake stricken area compulsory legal service activities, the criminal law must have the consciousness. Here, I found that some of our lawyers, including some young lawyer, too quick or too narrow, the result is not conducive to their own growth, it is difficult to realize the criminal defence blueprint. I found a young lawyer I know, he is not willing to engage in any public compulsory labor, not very good. At that time, we have an expert lawyer in Sichuan Provincial People's government organized earthquake law experts service activities, because during the period of the expert lawyers in Beijing on a business trip suddenly there is an urgent task, the expert lawyers asked another young lawyer to help do some auxiliary work, of course, no economic compensation, but, we the young lawyers have explicitly rejected, also very grievance ground says to me: Miss Wei, I really didn't have the time to participate in this activity, but, if what the lawyer business to do, I even do not sleep endlessly interest, I am willing to do. I hear he! I said: This is not how business lawyer? This is the business lawyer! No economic income is not a lawyer lawyer business, the idea of how to do, how could it achievement attorney albert! In fact, the young attorney forgot his refusal, not only to help themselves, and in violation of the clear provisions of law, the lawyer has to provide legal aid obligations, confused absolutely no good.

In addition to participate in public welfare activities outside the law, but also to take part in social activities, including many take part in all kinds of industry organizations, NGOs, various official and non-governmental organization activities, such as consumer association, business association, bar association activities, and even children's activities, street office activities, also very help us to achieve great lawyer career criminal lawyer. Of course, this will be very tired, but the harvest will be a greater achievement, lawyer career opportunities are greater, more mature. I participated in the similar social and public welfare activities, my rank and title roughly twenty, but this is no exact statistics; especially in the past, I am interested and decent "contend for the position, under the banner of" to my law firm development, such as its member, director, the secretary general, director of part-time researcher, what, sometimes played a good role. Now, along with the age growth and body condition, I sometimes have begun to relax, but you really need the development thinking of law firm, looking for a decent reason, carry some duties have not quit, in my heart I don't really want to do, because too tired; however, I want to provide legal services better development platform for the firms, then grand point is able to provide some development platform or make some contributions to Sichuan Province lawyers, of course also includes other good thought, I haven't quit the job. Now regular meetings and business trips, sometimes a little bit too, and not for personal gain, but out of a sense of public spirit and social responsibility to do the public welfare work. The president, vice president of the association, our lawyers, may experience some deep, was really put a lot of effort and sweat, but personal benefit is very small, is conducive to the realization of the legal profession has played a positive role.

Again, is to fully integrate the criminal defense force, expand the defense market. In the 2011 Western lawyers forum activities, I submitted a report entitled "on the western criminal defense attorney direction" thesis, talked about this problem. I think, for Western defence lawyers, emphasizes the criminal defense lawyers to integrate the defense forces to expand the defense business market, this may be the more pertinent question.

I noticed a very special kind of phenomenon: part of Sichuan Province major cases of criminal defense business, especially some expensive major difficult criminal cases in the criminal defense business regularly by foreign lawyers, especially from the Beijing lawyers "steal". And other provinces in western criminal defense business, is also similar to the sichuan. The reason for this, possibly in part because Beijing lawyer handling ability is strong Western lawyers. Beijing lawyer on my personal touches, such as the well-known lawyer Tian Wenchang, lawyer Qian Lieyang, Professor Zhao Bingzhi, with whom I have been competing with experience, experience is very real, these well-known lawyer "heavyweight" does have a well-deserved reputation, not only have the ability, also has the courage, more responsible, deep the industry and clients.

However, I found that, our Western lawyers, we these "outside" the lawyer did not pay attention to the effective integration of our defense forces may also be one of the most important reasons. This is worthy of our reflection and improvement. Since 2005, I will assume the task of investigating headed for a "Sichuan Criminal Defense Center", absorb a number of heavyweight criminal defense personnel, including criminal law, criminal law, expert, Professor Dr postdoctoral, doctoral tutor, we pay particular attention to the integration of the defense force. Now, I assume the task of investigating led the "Sichuan Criminal Defense Center" is located in the Sichuan Sichuan Ding law firm, the effect is more obvious, the country has more parties to consult, authorization, so far we undertake criminal defense business throughout the country more than 10 provinces, greatly expand the criminal defense business case. I think, that we can think of some more measures, expand our business volume.

(five) planning blueprint for the development of criminal lawyer, systematic accumulation of solid legal knowledge and comprehensive experience in handling cases

The blueprint for the development of criminal law, I think should be based on criminal defense, a criminal defense, but should go beyond the criminal defense, not limited to criminal defense, that is to say should expand the civil law, criminal law culture of comprehensive legal service ability. So, some criminal lawyer and later to the progressive development of experts in the field of civil legal services, the direction is correct, is worthy of our consideration and attention of every lawyer. We are often told to walk on two legs, career development but also need many legs walk, this is the truth. I think, such planning and development, is the need of criminal defense lawyers business development, because the criminal defense lawyers familiar with itself fully comprehensive legal knowledge and theory of needs, including civil, administrative and legal knowledge and theory, but also the inevitable requirement of the development of our lawyers. Especially for our Western lawyers, we medium city lawyer, is even more so.

Personally, I have the consciousness of law study and research all kinds of and legal knowledge, these legal provisions and legal knowledge is communicated, the key is we lawyers have the mastery of the consciousness and action, days and months multiplying, after a considerable period of time, can become a comprehensive law talents. The lawyer must both have expertise, it is general, can remain invincible, to obtain greater development. I have made a special study and solve the merger company legal affairs, legal affairs, BOT intellectual property legal affairs, administrative legal affairs, real estate legal affairs law, these aspects of performance is much more convincing, as long as the parties need, my these lawyers are enough to persuade the parties performance believe me. This is an important law development experience.

Therefore, my advice to you is: lawyers lawyers must be a generalist first, then can develop the expertise, is the general premise of expertise and expert lawyer, is thoroughly familiar with a lawyer on the basis of the business or a two expertise, I will describe the lawyer expertise for one or two a "bright spot lawyer". For example, our lawyers can speak on their own and foreign propaganda: my this law is to provide comprehensive legal services lawyers, I highlight is the main criminal defense. This positioning is scientific and reasonable.

(six) the development of lawyer system planning blueprint for life, construction of law self protective safe network

The lawyer life safety is the premise and foundation of law development, therefore, the author considers it necessary to remind the lawyers, to plan the development of a good lawyer, the blueprint for life, to the system construction of lawyers self protective safe network. This is a philosophy of life, is of fundamental significance.

However, the grim reality facing China's criminal defense work, our current criminal lawyer life security is confronted with hitherto unknown security risks, all of our lawyers must face such a cruel reality, that is life. I now find, criminal defense may be our official, especially our public security organs and are reluctant to talk about the topic. However, I think it is very worthy of our social problems, especially our lawyers have to talk about problems. I is a professor of criminal law at Sichuan University law school, also a part-time lawyer occupation (part-time lawyer), so to understand more, experience more real. It should be said, individual law enforcement officers in a few places in the treatment of criminal lawyers on the issue, is also more serious problems of arbitrary law enforcement and illegal handling, serious damage to the credibility of law enforcement departments, even destroy the socialist construction of the rule of law, not only against the law and making soil policy illegal barriers, super regulations restricting powers of attorney, what is more to take revenge, the lawyer until use criminal means, such as disclosure of state secrets, article 306th of the criminal law (commonly known as the defender of perjury),The crime of fraudSuch investigation and prosecution, and even the emergence of the miscarriages of justice.

Criminal defense and defense lawyers faced with a very difficult situation. According to statistics, from 1997 to 2010 a total of more than 500 lawyers (even more lawyers) in jail, however, National Bar Association and other relevant organizations or personnel on the lawyer's perjury case for statistical analysis, found the lawyer's crime rate as high as 50% to. This problem should be viewed from two aspects: on the one hand, this shows that the lawyer team does need, but the individual lawyer criminal; but on the other hand, the lawyer shall be prosecuted for criminal case crime rate as high as 50%, and is not normal. At present the biggest risk to the criminal defense lawyer, it is not the evil forces of the plot, but also shoulder the maintenance of national law for the implementation of administrative authorities and the judiciary personnel to suppress and frames, this is the people's sorrow, sorrow of rule of law, but also seriously damage the credibility of the judiciary. The criminal defense as "high risk" practice environment, also resulted in a serious consequence, which is directly dampened the enthusiasm of lawyer in criminal cases. In the nationwide criminal cases, lawyers participation rate has declined, over 70% of our current criminal cases concerning the defendant be a life-and-death matter without intervention of lawyer; according to the data, our country individual provinces of the bar association had called the entire industry to "collective strike" event in criminal cases.[4]Visible, facing criminal defense business situation is very grim and arduous.

Now the situation should be said has not improved, especially since the Li Zhuang law case, now attorney life safety but hides a deeper crisis. Recently, the Guangxi Beihai city four lawyers the murder shocked the National Lawyers, it also faces an uncertain future; we in some provinces in Western China, it appears the law caught events, but also from the surface to see, some with a sense of revenge and the discrimination of occupation. I also learned that, in recent times, part of the judiciary and we in the west part of the province's casual threat to life safety of individual lawyer, people's Court issued more than a so-called "judicial proposals", directly accused the lawyer suspected of crimes, this is a very dangerous signal, it should be said that is not normal. Some lawyers for alleged disciplinary cases, I participated in the project survey, the situation is very worrying, really kind of like the tragic sense of lawyers, situation is very worrying.

I recently wrote a two blog can reflect my fears. In a blog post, titled "defense lawyer to hidden deep under the rule of disaster". This blog to a lawyer, the content related to the current China's criminal defense business faces difficult situation. I do not want to write, but felt compelled to write, because I need to say, for fear that the scholars of conscience, delaying the rule of overall situation; but still not deep writing, only up to a point, because of fears that the occupation of revenge, fear to spread the lawyer personal safety, thus only the outline pick-up or write three points:

First, the defense lawyer to show "three two risks". The defense lawyer is not only difficult to lawyers, scoring difficult, hard evidence, including lawyers, high risk (risk of evidence were at risk of criminal investigation). The lawyer to meet the risk and evidence of risk not only from a few investigators and prosecutors personnel occupation of the attack, even from a few members of the judiciary, the individual and other organs of individual leaders of the occupation take revenge. The objective reality in our country at present is: these two lawyers to defend risk serious problems.

Second, the defense lawyer to mean to rule the country by law reason is not perfect. A country under the rule of law is not only rational written in the text, is inlaid in the process of judicial activities. Therefore, the defense lawyer to in essence is not a lawyer, but all the things, all state organs. The defense lawyer to actually is the dominant, but also the most worrying to the way that the national law of reason and legal system is not perfect, show that the national government by law construction has no choice but to think, to improve the degree of.

Third, the defense lawyer to hidden deep under the rule of disaster. The rule of disaster is human rights security risk. In the reality and difficulty and risk of serious, defense lawyer may not be satisfactory, and can not be normal. On one hand, the probability of the suspect and the accused become larger, the suspect and the accused as "probability of criminals" and suffered severe sanctions for more, the final result is likely to become a criminal suspect, the accused and the criminals are increased; on the other hand, the lawyer defense because of similar to the "Buddha risk one's head", the defence lawyer, self defense behavior because suffer great probability of criminal prosecution. Such sum in two aspects, a lot of miscarriages of justice is in recent years emerge in an endless stream. These unjust cases not to normal face to the people cried to human rights lawyer, safety, profound and the connection between the two?

It should be said, these lawyers to defend the two insurance is worth all people in the country think, worthy of our revised criminal law and criminal procedure law carefully consider.

Another blog post, titled "should carefully review any against a criminal lawyer criminal charges". I think, at present individual judicial personnel in our country criminal law for criminal charges have become the new "war on terrorism", this horrible war in essence is not only for the criminal law, but is fundamentally based on the criminal defense system, even for China's socialist legal construction, the final target is actually all the people -- including the "judicial personnel" itself "the war on terrorism". The truth isn't very simple? As mentioned before, we each citizen may become the crime suspect and the defendant in logic, so that each national logically requires the criminal defense and criminal lawyer. However, the current criminal law in some places have been widespread "Buddha risk one's head" of child care, hand to deal with the parties and the crowd's censure, on the other hand to respond to individual investigators to suppress or even criminal charges against the threat, such a state as if not change even disaster caused by flooding water, not the ultimate damage all national interests? If the criminal law can not be normal defense or couldn't defend, lawyers cannot meet the suspect and the defendant lawyer can not be normal, investigation and evidence collection ("no investigation" has become some "defense experience" the essence of the express or implied), lawyers not normally marking, lawyers cannot make an argument, accordingly the investigation organ may do as one pleases to obtain evidence, the prosecution organ charges can do as one pleases, judicial organs can do as one pleases to conviction, then, the disastrous consequences of all national faces is one can imagine. Some people might argue: to believe in the investigation organ, procuratorial organs, judicial organs and the public authority to justice in accordance with the law to deal with cases. You're right. We believe that these public authority, but we have no reason to believe the public authority has no conflict of interest (including awards for meritorious service or other interest), there is no reason to believe the investigators of these public authority of no interest competition, and any remaining weaknesses in human nature "wise thousand worries there must be one", and the political and social life in so many of the official crime. I have been for the public security and judicial personnel, the government officials defended the 30 passengers. Feeling it: one is the crime, how can I believe they can just reign according to law the law enforcement, the second is these people I know in the criminal suspects and the defendants here exhausted hysterically shouting "I want to meet with a lawyer," "I want a lawyer for me evidence", "I want a lawyer for my papers", "I'm going to judicial justice I", the third is the original official then and then and there I so calm to "the criminal lawyer criminal charges" and "completely indifferent NIMBY armchair". Criminal defense system is not normal, so everyone will pay a heavy price for national, this is the national security or national security, no security without! Of course, we should also be clear, criminal lawyers themselves if the existence of illegal and criminal acts, this is should be given in accordance with the law sanctions, which is no doubt; but, our question is, the criminal lawyer charges threats and sanctions, not occupation discrimination alleged retaliatory, occupation, can not be arbitrarily arrested and killed more than 30% or even 50% of the "law of crime" was later proved to be wrong. The wrong to do -- and this wrong grasp wrong proportion is far higher than the ordinary criminal case, this is not normal, this is us. The lawyer to live up to expectations, not illegal crime and careful handling, this is should be emphasized; but, more important is not illegal handling relevant organs, but not to engage in criminal law the horror of war "". Our lawyers association and judicial administrative departments, should be in line with the lawyer in charge of the rule of law on the responsible to the party and the people of the state is responsible for politics and responsible attitude, in accordance with the relevant authorities to make careful examination of every criminal accusation of criminal lawyers, lawyers not to ensure that innocent criminal investigation (not including the criminal detention and arrest), protect every law-abiding law. In time for the lawyer accused of criminal cases, our lawyers association and judicial administrative organs must do to without exception, to organize forces to make the relevant judicial authorities in accordance with the law of Justice (instead of illegal interference case), so, our country may to some extent by criminal lawyer occupation phenomenon. And occupation of discrimination. Therefore, we think, any one lawyer is if there is a vacancy and not as a phenomenon of ACLA criminal case occurs, are less, or even to blame.

For lawyers to carry out criminal defense work also has an exquisite work strategy, correct ideas, perform their duties according to law, reasonable defence problems, only lawyers in the legal range effectively safeguard the legitimate rights and interests of the parties, lawyers should not break the law, to strengthen self-protection. A lawyer for self protection problems, I put forward the following suggestions for your reference:

The sources of criminal law, to understand the dangerous source, the source of risk. According to the survey, the main risk sources of criminal lawyer is 6:[5](1) directly from the investigation organ, the procuratorial organs, the people's court and the case handlers. The terrible thing is, in the past ten years there have been more than 300 lawyers were arrested in the case is about 50% people were eventually identified as innocent, but lawyers have received enough humiliation, mental torture and material loss, fear is everywhere, some lawyers insane, a lawyer downhearted, only lawyers can out of the shadows. (2) victims and their close relatives. The risk is aimed directly at the criminal lawyer personal injury. (3) the crime suspect and the accused person's relatives. The risk is that, these people from the criminal lawyer learned information used to intimidate the witness, false evidence, then bring criminal lawyer or directly referred to the criminal law. (4) the crime suspect and the accused person itself. Chongqing Beijing lawyer Li Zhuang perjury case occurred in Liaoning, Guangdong lawyer Ma Kedong fraud case is typical, they are the result of his own party directly report and as a key witness is to be convicted and punished. Therefore, there is "the biggest enemy is concerned". (5) the witness. The risk is that the article 306th of the criminal law. (6) the public. The risk is that some sensitive criminal cases, such as Liaoning Liu Yong shehei cases of lawyer Tian Wenchang, Professor Zhao Changqing, lawyer of Chongqing Li Qiang shehei cases, because for shehei personnel defense and subjected to network media attacks or threats.

Secondly, criminal lawyer to strictly regulate the performance of entrustment and fees. Recently some of the lawyers were arrested cases, the reason is that the lawyer did not strictly regulate the performance of entrustment and charge behavior, is the authorities seized the handle.

Third, pay attention to ways and means to time, criminal lawyer in communication with the communication of the court debate, try to guide the investigation organ, public prosecution and judicial organs to carry out "rational dialogue", try to avoid the development of assault and occupation of revenge.

Fourth, criminal lawyers in the meeting and the evidence of caution, to avoid the risk of being accused of a crime. Can take some ways to deal with the problem of investigation and evidence collection.

Fifthly, the criminal law should give full play to the Lawyer Association collective strength, cogent accomplish "any lawyer accused of all without exception for the bar association to deal with the situation," to maximize prevent lawyer was retaliatory charges phenomenon.