Source: Southern Weekend Author: Deng Zibin

       For a long time, lawyers often have "seek nothing but profits, corruption broker" reputation, is seen not only as a "crime" resistance, and is regarded as the judicial power of the alien, "always on the bad guys". So, "the eradication of Black Lawyers" or even the abolition of the lawyer system calls can be heard without end. So, why should there be a lawyer? No lawyer or, why not?

　　  The reason why we need a lawyer, first based on the lessons of history. Remember that Comrade Peng Zhen in "Cultural Revolution" had said this means: to have a lawyer, they won't let me talk, someone speaks for me always. The generation person is protected by the "Cultural Revolution" the bitter, people know more than today's lawyer, lawyer system reconstruction, it is Peng Zhen predecessors to results.

　　  Can say, the lawyer is essential to perfect the trial. Especially in criminal field, relates to human freedom, life and property, before rob them, "everyone has the right to be heard". Justice depends on what? Not the cooperation, but the rivalry. The cooperation can only mean that the trial is only as a mere formality, only the rivalry to form mutual questioned, to fully discover the other side holes, let the researchers found that those who may be ignored by the fair judgment fact. Therefore, the evidence must be "dry", the witness must "appear", a single paper "testimony" deprive the freedom of others, there is no justice strength performance.

　　  So, why have a real fight? The answer is that both sides should have equality of arms. If one party is the detection organs use the resources of the state, the other party is incarcerated defendant, and talk about what equality? Not equal to fight real, there can be no real center independent judgment. Therefore, a criminal charges, must get help, and the external force must be enough to counter the prosecution. In view of the fact that the pre-trial detention become common practice, bail is the exception, the problems of inequality is particularly prominent, especially need lawyers involved, and the sooner the better.

　　  Since the intervention, to put one's heart and soul into the full. The lawyer as the defendant's spokesperson, should stand in the defendant's position, with all their integrity, skills, knowledge service, the interests of the defendant only this, legal services to become a kind of credit products, people will buy the service. The lawyer to client loyalty, do not conducive to the principal thing, this is the highest occupation ethics lawyer. The occupation ethics should be the state and society's understanding and respect, not lawyers defendants, countries should not accept this kind of exposure.

　　  Not only does not allow lawyers to betray the defendant, also does not allow the defendant to sell lawyer, country fundamentally should not accept the lawyers accuse the defendant. This is because, if the lawyer and client cannot communicate openly, so, the lawyer will have concerns, not client to fulfill its loyal, he will lose a client's trust. In the course of time, people will not entrust a lawyer, lawyer system is dead, we go back to the past.

　　  Go back to the past is not difficult, in many areas, we are consciously or unconsciously to move past "". Take article 306th of the criminal law, in legislation, it is for lawyers with obstruction of witnessing, but not for prosecutors fortification in the same provisions; in judicial practice, its use has expanded tendency in the law, "witness" was extended to explain, and includes a "suspect the suspect, the defendant". Results one can imagine, in the suspect, the accused in custody cases, starting this one accusation evidence can only come from two channels: the principal charges and guards for lawyers to meet room monitor -- this is we can't afford the efficiency and convenience.

　　  However, many people worry about: allow lawyers first serve his clients, and not subject to the crime object, it will make many villains escape. Needless to say, is a lawyer to help the bad guy "What one says is plausible., feel at ease and justified". Even so, we still don't be afraid of lawyers to the bad, as can not ask doctors not to bad the doctor. If good people and bad become the rule and standard, not cure so, doctors will consider this: good disease cure did not matter, bad cure could be in big trouble. Finally, the bad or the majority of the people.

　　  Similarly, we can not only help the good lawyer, as a result, bad and good judgment must be transformed into the guilt of judgment, and the judgment will be advanced to the lawyer entrusted when, this is obviously wrong. Originally, the two meet, each have a lawyer on the wrong side, there is another lawyer to stand on one side, a civil case is even more so.

　　  In fact, only from the crime, the public security, judicial organs is enough, in office less, the program more simple, more efficient, no lawyer. But the real value of the lawyer occupation, precisely because it exists as the detection organs "rival". Detection of organ shall not only be tolerated and should develop powerful lawyer opponent, reason, lawyers do not really strong, and just a decoration, then sooner or later it will be destroyed; no lawyers as a rival, then the public prosecution is superfluous, because 100% of the public prosecution power means that the procedure can be omitted, investigation, the public prosecution and trial can be completed. The lawyer is not accepted in modern rule of law, equality of the prosecution and the defense trial centered mode will disappear.