Why does Shakespeare want to kill all the lawyers?

-- because lawyers became the enemy of democracy!

(comment on Tian Jun law "The non lawyers conditions and requirements "serves as an agent ad litem and defender)

Introduction.Mr. Lv Liangbiao in the "value and mission of" building a harmonious society of lawyers in a paper called "the contradiction between the lawyer occupation, the value of the unique value orientation and the general public oriented, so that in the public and the public power of attorney who doubt the social value of existence, as great as Shakespeare and even issued a" kill all the lawyers "(The first thing we do, let 's kill all the lawyers.) voice."

Readers learn from here, the great Shakespeare has issued a "kill all the lawyers" voice, Mr Lv Liangbiao's article said that lawyers can't kill, kill the light. The reason why Shakespeare Von issued a "kill all the lawyers", but not a word of description. Because lawyers become enemies of democracy -- this is the author of speculation, but also seems to be the theoretical basis. BODENHEIMER with "philosophy of law and legal methods" a book author induced Chinese edition preface points out, "any worthy of being called a legal system, attention must be paid to certain beyond a certain social and economic structure of the basic value of relativity. In these values, the more important is the freedom, security and equality." "Although the social order will be due to the specific nature of social and economic system is different and has different forms of expression, but I still believe, a completely ignored or simply ignore a value of the basic value of the social order, cannot be considered a true legal order." "Freedom, security and equality of all values, individualism component is rooted in humanity, sense of freedom drives human to engage in those aims to develop the ability and promote their personal happiness purposeful activities. People hate those who there is no justification for the purpose of destroying the restrictions on freedom." The hate and issued a "kill" the sound is not understandable?

The author thinks, if the paradox of value orientation occupation value orientation of law and the general public have fundamental, so Shakespeare sent kill all the lawyers sound is very correct! "Although Savon has gone and lawyers are still", but as the horse, uh, columns are put forward the "eradication of state power", although they has gone and countries still, does not prove that their slogan error.
Lawyer system's value is to extend and protect the rights of the citizen, and not to the rights of citizens by the lawyers monopoly! If the lawyer system must be based on restriction of citizen's democratic rights as the premise, then the lawyer system should die in one's bed.

Tian Jun lawyer:

First of all, to have a look the provisions of the relevant laws of our country. China's "general principles of civil law" article sixty-third " citizens, legal persons may perform civil juristic acts through agents." "Civil Procedure Law" fifty-eighth "the parties, legal representative may entrust one or two persons to represent them in the action. The lawyer, close relative of the party, persons recommended by social organizations or the units where the people, by the people's Court of other citizens, may be entrusted as an agent ad litem." "Administrative procedure law" twenty-ninth article "the parties, legal representative, may appoint one or two persons litigation. Recommend a lawyer, social group, filed a lawsuit against a near relative of the citizen or units of the people, and the other citizens of the people's court permission, may be entrusted as an agent ad litem." "Criminal Procedure Law" thirty-second article "the suspect, the defendant in addition to exercising the right to defend himself, also may entrust one or two persons as his defenders. The following persons may be appointed as the defender: (a) law; (two) recommend people groups or criminal suspects, defendants unit; (three) the suspect, the defendant's guardian, relatives and friends." Thirty-fourth "the prosecutor and the defendant in the case, due to financial difficulties or other reasons not entrust a defender, the people's court may designate a lawyer who provides legal aid to defend. If the defendant is blind, deaf, mute or a minor and did not entrust a defender, the people's court shall designate a lawyer who provides legal aid to defend. The defendant may be sentenced to death has not entrusted a defender, the people's court shall designate a lawyer who provides legal aid to defend." Article forty-first "entrust agents ad litem, by reference to the provisions of this law article thirty-second."

From the above law, non lawyers can act as agent ad litem or defense, which is conducive to safeguarding the legitimate rights and interests of the parties, is worth studying.

Liu Zhicheng: in the face of the clear provisions of the law, lawyer Tian Jun had to admit that the law "non lawyers can act as agent ad litem or defense, which is conducive to safeguarding the legitimate rights and interests of the parties, is worth studying."

Tian Jun lawyer:

Civil and administrative cases, non lawyer serves as an agent ad litem has three identities: one is close relative of the party, is the spouse, children, parents, brothers and sisters, grandparents and grandchildren and grandchildren, they are based on love dear, of course, can be used as an agent ad litem, which accords with the human feelings and common sense two is recommended; relevant social organizations or the units where the people, party and the unit and relevant parties and social status of the community groups have a certain relationship, their units and related social groups can be thought of as the agent of the recommended people to safeguard their legitimate rights and interests of other citizens; three is approved by the people's court license, is more personnel outside the people, these agents must obtain the approval of the people's court.

In criminal cases, the non lawyers act as defenders and litigation agents have two identities: one is recommended people's organizations or criminal suspects, defendants unit, cases and people for different, here is the "people's organizations" instead of "social group"; the two is the suspect, the defendant's guardian, relatives and friends relatives and friends, here than in civil proceedings in the civil case "close relatives" scope. In criminal cases cancelled "by other citizens" the approval of the people's court as prescribed litigation agent.

Liu Zhicheng:

"Civil Procedure Law" provisions of article fifty-eighth, "the lawyer, close relative of the party, persons recommended by social organizations or the units where the people, by the people's Court of other citizens, may be entrusted as an agent ad litem." Especially the "can", clearly defined the ordinary citizen non lawyers as agents and defence of the rights and freedoms is quite extensive, with "only the people can" although refers to the personnel, but limits the degree of agent qualification is clearly not the same.

"Criminal Procedure Law" provisions of article thirty-second, the lists can be appointed as the defender of "the people", "only the provisions are under criminal punishment or deprivation, restriction of personal freedom of the people, shall not serve as defenders." The scope for as the defender of the specified how widely. In criminal cases cancelled "by other citizens" the approval of the people's court as prescribed litigation agent. Because "here than in civil litigation and civil case" close relatives "scope." As long as the parties and agents admit they are friends and relatives, the court allowed to act as defenders. So there is no need to "the citizen" the approval of the people's court as prescribed litigation representative. While the scope of civil cases, administrative cases as agent should not range than criminal cases more narrow. The legal intention almost no limit to what the agent, lawyer qualification. No Tian Jun lawyer explained: "what mean these people agent must obtain the approval of the people's court." In fact could not exist without obtaining the approval of the people's court and to act as agent ad litem or defend citizens. Here is just expressed his desire not citizens agent.

Tian Jun lawyer:

Because the litigation agent and counsel is an important participant in the proceedings of the national judicial activities participation, not what people can be served as,......

Liu Zhicheng: because "litigation agent and counsel is an important participant in the proceedings of the national judicial activities, participation in the" constitution "the people in accordance with the law, through various channels and in various forms, management of state affairs, manage economic and cultural undertakings, the management of social affairs", as long as they are not deprived of political rights of citizens, no matter what people can act as. "If a person is not allowed in some public activities related to public welfare, he will have a sense of loss, in today's world is a complex, dense population, especially" (Bodenheimer "philosophy of law and legal methods" a book author induced Chinese Ban Qianyan).

Hu Jintao in the report of the 17th "and ensure that the people be in power as the fundamental" "" expand socialist democracy "," from the various levels, various areas to expand citizens' orderly political participation, extensively mobilize and organize the people to manage state and social affairs, manage economic and cultural undertakings "" to protect the people's right to know, right to participate right, right of supervision, expression." "The people directly exercise their democratic rights in accordance with the law" "deepening the reform of the judicial system, ensure that the judicial, procuratorial organs in accordance with the law of judicial, procuratorial power. To respect and ensure human rights, ensure equal participation of all members of society in accordance with the law, equality of the right to development." "Must be exercised in the sunshine." The new law was cancelled on non lawyers for economic benefits, the penalty in litigation, defense business, is the embodiment of the above principles. However there are lawyers posting"Warmly congratulate the ban legal workers and citizens agent specialist", and lawyers tried to obstruct or restrict citizen serves as an agent ad litem and defender, I really do not know, these people's head in what place?

Tian Jun lawyer:

From the provisions of the three procedural law, non lawyer agent or defender is not an occupation behavior, is a kind of individual behavior, is a kind of helping behavior of individual parties, this is the original idea of legislation.

Liu Zhicheng: as the ten thousand litigation agent and as an agent ad litem, are an agent ad litem! As long as this is a legitimate, ten thousand are legal! What the purpose of legislation, like they are lawmakers!

Tian Jun lawyer:

Specialized agency and defense lawyer called "".

Liu Zhicheng: This Law, people call the grassroots legal professionals or litigation agent citizen for lawyers not what error? As long as you don't fake lawyer letter, also cannot be regarded as!

Tian Jun lawyer:

According to China's "administrative licensing law" article Twelfth "the following matters can set the administrative licensing (three) that provide public services and public interest is directly related occupation, industry, matters need to be identified with particular credibility, special conditions or particular skills qualification, qualification;" current "Lawyers Law" article fourteenth "no a lawyer's practice certificate shall not practise law under the title of personnel, not for the sake of economic interests, agent ad litem or defend a service. "June 1, 2008 implementation of the" Lawyers Law "article thirteenth" has not obtained a lawyer's practice certificate, in the name of legal services may not be the legal business; except as otherwise provided by law, no agent ad litem or defend." The provisions of the law, is specialized in the agent and defend our occupation personnel, specialized agency and defense business to special permission from the state.
Non lawyer agency or justification is not occupation behavior is not a business does not exist the question of charges, if the charges and often to fee agent or defender is engaged in lawyer business, because it does not have the special permission from the state engages in lawyer business, is not in violation of the three law legislation and law "for the sake of economic interests or defend a client in litigation" and "except as otherwise provided for by law, shall not act as agent ad litem or defender", is illegal. Recommend relevant social organizations, people's organizations or the units where people, because itself is to provide assistance, of course, no fees, otherwise it will lose the significance of such provisions. As for the other citizens of the approval of the people's court may exist fees, but it have already discussed, the fee is illegal, should be the "Lawyers Law" forty-sixth article "has not obtained a lawyer's practice certificate, for the sake of economic interests or defend a client in litigation, the judicial administration department of the local people's government at or above the place the county level shall be ordered to stop the illegal practice, confiscate the illegal income, illegal income may be a fine of one to five times the." The provisions of punishment. After June 1, 2008, the Supreme People's court should be according to the "Civil Procedure Law" and "administrative procedure law" legislative intent on "by other citizens" the approval of the people's court in litigation activities of a judicial interpretation, there are on the industry for non lawyers are not allowed in the normal order, protect the legitimate rights of the parties and the national judicial activities while the agency cases, business behavior of the parties to collect fees into the hamper the action, and be punished.

Liu Zhicheng:

Why can't the citizens agent fees?

"People's Republic of China Constitution" stipulates that the 125th, "the accused has the right to defense". There is no limit for the lawyer. Provisions of the general principles of the civil law 'sixty-third': "citizens, legal persons may perform civil juristic acts through agents." There is no limit to the lawyer agency. The three major procedural law of our country, as long as you have the capacity for action of the people can act as a defender or agent.

"Lawyers Law of the people's Republic of China" fourteenth stipulates, "has not obtained a lawyer's practice certificate,...... Not for the sake of economic interests or defend a client in litigation." This rule into law on civil agent cannot collect agency fees "in practice".
Have obtained a lawyer's practice certificate personnel, whether can "for the sake of economic interests agent ad litem or defend a service"? There seems to be sure. If not, do not specifically on has not obtained a lawyer's practice certificate personnel to make provisions. In "modern Chinese Dictionary", "seeking" to seek (FAME), profiteering. "Profit" for personal gain, illegal profit. Why do lawyers law granted this privilege? The author thinks that illegal profit, no person shall be. If the "economic benefits" interpreted as remuneration, banned terms for citizens have no constitutional and theoretical basis.

Agents, counsel for the parties agent or defense is at the same time safeguard the legitimate rights and interests to defend the law. Whether or not obtained a lawyer's practice certificate in accordance with the provisions of the constitution, "let each person do his best, civil activities principles the principle of distribution according to work" and "general principles of civil law" and the "voluntary, fairness, making compensation for equal value, honesty and credit", a legitimate expenses are not belong to "reap economic benefits". But as a corrupt officials or drug defense charged one million yuan lawyer fees or balance state of a murder investigation activities fees charged 7000000 yuan (all online information), apparently for economic benefits. As a national public service called "public servant" wage does not belong to reap economic benefits, and corruption, bribery and other illegal acts belong to reap the same column. And now the common explanation, no matter how bizarre lawyers fees high, is the legal compensation; civil defense agency or get paid regardless of how much is "for the sake of economic interests or defend a client in litigation". Like a state official set fire to heating, and lighting is to set fire to the people! If the "Lawyers Law" carry out this way, it does not belong to an unjust law?

As the law allows citizens to act as agent or defender in the proceedings, it is a legitimate labor of citizens, the Constitution provides for the principle of distribution according to work, all the laws, administrative regulations and local regulations may contravene the constitution. If the citizen litigation agent, agent agree with this agent behavior, 'law' has no power to the non lawyer engaged in legal services? 'law' has no power to interfere in the freedom of contract?

In the commercial activities, as long as the legal representative of the legal person license, anyone can sign a contract with the corporate name, without what administrative approval. Why only litigation agent to administrative approval?

In jurisprudence, legal justice includes "method may not be generally free right granted to some and not to others, otherwise, this method is not justice." To improve the social status of lawyers can not rely on restrictions and suppression of people's democracy. But by expanding democracy, justice for the support by the people. The lawyer for the justice of the enhancement, the social status of lawyers will naturally high. Hope that through the litigation agent and defense lawyers lawyers patent to improve social and economic status, the result would run counter to one's desire. make provisions for the lawyers to citizens generally free right results, will enable lawyers lose people's strong support, so that it can not be better represent the people, justice, even turning into just to get money interest privilege. Deviating from the original meaning of the lawyer system. The lawyer did not the people and Democratic support, will become deaf ears.

As everyone knows, 12 do not have a criminal record from temporary random draw America court proceedings from the seat of the ordinary people in the jury (new translation "temporary referee committee") to the referee. These people have the right to decide whether the defendant is guilty. "Criminal Procedure Law of the people's Republic of China" the thirty-fifth regulation, "the defender's responsibility according to the facts and the law, materials and opinions proving criminal suspects, defendants not guilty, a mitigated punishment or exemption from criminal responsibility, criminal suspects, defendants, safeguard the legitimate rights and interests." In American, do not understand the law of ordinary people, have the right to decide the defendant is guilty or not, in China, not a lawyer's practice certificate even the defendant guilty or not material and opinion was not proposed qualification? Even if the Commission as a defender or agent, no professional knowledge of law, except he mentioned in court opinions are not adopted, the rule of law can harm great? Their participation is to make them feel to the hero's proud, feel justice is the masses of the people, rather than the government's absolute power. Citizen participation in litigation and the defense in the trial activities is one of the most powerful form of supervision. The government of the people should not be afraid of citizens to participate in the litigation and the defense, a way to limit citizens cannot prohibit charging citizens agent in litigation and the defense business.

Tian Jun lawyer:
The law on non lawyer serves as an agent ad litem and defender conditions and requirements are clear, citizens can agent but not as industry.

Ordinary citizens to suit for the industry, violates the general Party won the national laws provide the assurance of professional litigation and the defense legal services right;

Due to the lack of supervision, the quality of personnel is not a court, is not conducive to the normal activities and is harmful to the judicial justice; in a fundamental impact on the lawyer system, lawyer system construction hindered; the construction of a harmonious society is harmful and profitless.

Liu Zhicheng: Tian Jun lawyer has said "from the above law (in front of the general principles of the civil law and the three procedural law provisions visible), non lawyers can act as agent ad litem or defense, which is conducive to safeguarding the legitimate rights and interests of the parties, is worth studying." Here how twins? Ordinary citizens to act as an agent ad litem, don't let the party legal services lawyers offer? The lawyer but if the competition of ordinary citizens, is diverted! "Citizens agent but not as industry" argument does not hold!

Lawyer Tian Jun sound, really is worried "is not conducive to the normal activities of court proceedings and is harmful to the judicial justice"? I don't think so. Worry "in a fundamental impact on the lawyer system, the nature of the construction to" prevent the lawyer system, lawyer is hampered the monopoly on litigation matters, hinder the law unfair vested interest!