A lawyer inquiry, "master"

Last time, I wrote an article "paper, my lawyer dream". In fact, the old people writing a paper for a living person, can at best be regarded as "Songshi", cannot be called the modern sense of the law.

Reportedly, the master is Gao Tao (audio AoYao). Of course, there are different views: back to the Three Emperors and Five Sovereigns ancient times, legends "Gao Tao made prison, animal case". "Beast" is a name for the "Xie" unicorn, folk known as "moose". Is actually a monster, neither an ass nor a horse's temperament quiet, plain as water; can distinguish the loyal virtuous, if want to put the bad guys led to the front of it, will use the angle Di, and then convicted. The so-called "touch not straight, to the". The legend of the Cangjie hand, achievement of a traditional Chinese characters "method". As for how to "go"? I still don't understand, locked up? Also killed? Books do not explain. Thus, the animal is the case of the protagonist, therefore, the unicorn is called judge the granddaddy of the most appropriate, simply do not know how to judge people like it or not.

2003 visit Tilanqiao prison, when I walked into the China Prison Museum, was surprised to find that: the original until the end of the Qing Dynasty (1911), the prison prison they worship God is "Tao" -- the jailer every day of their burn incense and kowtow. So, Gao Tao is the guards authentic zushi ye.

Zushi Ye problems involved in the industry to discuss the origin, the origin of mankind, it is said to be from God, also some people said is the monkey, is not trivial. For example: the carpenter master is Luban, Li Yuan Business Master is said to Tang Minghuang, they climbed the high branch, have a conclusion. However, the lawyer Zushi Ye has been inconclusive. So, I have been thinking: who is a lawyer of the ancestors? Can you climb the last Master dignitaries what. However, evaluation, he is a tragic politician, spring and autumn and the Warring States era of grass-roots people -- deng.

First of all, I carefully compared me, Chuang-tzu, Hui Shi, Gongsun Long and other representatives, spring and autumn, that in addition to Deng is China lawyer master, and no one else is available for this title. The Deng called China lawyer master, is based on facts.

According to "Lu spring and Autumn" set: "Zi Zhi Zheng, Deng Wu difficult, a prison is about and people: a small prison prison clothes, jacket, trousers. The people offered Xiuyi jacket hakama and litigation, countless."

This text has revealed the following: the basic fact, Deng is the classical literature on the well documented "Songshi" (such as found earlier, please contact me, email lawoffice@188.com); second, Deng Ban paid agents, according to the case of difficult procedures, grading charges; third, Deng bear legal aid matters, developed "College of law", for his disciples, to teach law and litigation skills, to carry out legal education. Judging from the above points, Deng is China earliest meaning "pettifogger".

Secondly, Deng advocated the "ambiguous", is a lawyer adversary system. The plaintiff can speak the truth, the defendant can speak the truth; the public prosecutor told prosecutors reason, defenders say defenders of truth. Only allow reasonable, can distinguish between right and wrong. If the world only Dan Yiyuan theory, a word, a voice, "What I say goes." and the ultimate conclusion, then, everything have no way is discussed. Neither a democratic society, it could not produce the lawyer system. However, this "ambiguous", is also the people most misunderstood, is a totalitarian dictator abhor, more directly leads to the tragic ending of Deng's.

According to "Lu spring and Autumn" set: "to non is, to is non, non excessive, but with not diurnal variation. The desire for win wins, because of sin to sin. Zheng Guo chaos, people mouth noise. Zi Chan patients, to kill Deng and kill people, clothing, is not is fixed, the law is."

Again, read "Chinese legal history" people know: unlike Zichan "casting penal code", Deng study a law, self compiling civil code, and then the inscription carved on the bamboo slips, for people to read, known as "bamboo punishment". After Deng was killed, the "bamboo" did not abolish the penalty. Deng "Rites", claims against the "rule by law", "rule of law", advocate for the later legalism are pursued, is actually "in law", "rule the country by law". Only Han Fei, Shang Yang and Li Sizhi acts and go to the other extreme. In Deng for the world for the place, in addition to the charges, the "ambiguous" and contemporary law has several similar -- who entrusted, who speaks for the. The "income of money, he misfortunes." The following example to illustrate this fact:

According to "Lu spring and Autumn - from the predicate" set: Wei River water is very large, the rich people have drowned Zheng, who was the dead body, man please redeem. However, their money very much, to tell Deng, said: "an analysis! Will nothing sold." And dead patients, in order to sue Deng, analysis that the said: "ann! This will not sell."

This story to describe very wicked Deng: family members of the deceased for corpse shall not, ask him to do? He said: don't worry, in addition to your home, make the body had no place to sell; equal to each other advice he do, he told others: don't worry, the family of the deceased except you, no where to buy. This story, "Lu spring and Autumn" did not inform the outcome. Some people doubt is made out to Deng's image. Be skilled in debate but a wise image has stand vividly revealed on the paper. Deng specialty skills should be the use of a variety of conditions, do different interpretations in different situations. Feng Youlan in the "history" in the philosophy of Chinese once said: "the debaters from Songshi", Deng was the representative of the earliest one. Of course, "said Cao ambiguous, infinite words." It is "Songshi" suffered by the public criticism of the department.

"Xunzi," said Deng non twelve sons: "good governance monster said, playing Qi."

"Lu spring and Autumn" evaluation of Deng: "word intent, words from heart to leave; non is, to is non, non excessive, but with not diurnal variation."

However, the ancient "Songshi" and modern lawyer system obviously can not be mentioned in the same breath. Modern lawyer system is the product of civilized society, is the crystallization of democracy. Single from this text judgment, if Deng Deng the doings of life today, due to our agency, conflict of interest, according to the modern lawyer system and practice discipline consideration, it can be the judiciary punishment, lane is bad to revoke the license.

Negative influence on later generations of Deng "Songshi" many, to sum up, in the eyes of the public, "lawyer" who are more experienced, almost furtive, income of money, in order to suit for the industry, disturb the court order.

A few years ago, had seen a by now hosted by Fudan University, Professor Guo Jian's "cultural China" program, which tells the story of several ancient "Songshi" story: what Wujiang County, an old man taught his son, son of rage, hit back, destroyed the old sub incisors, the rebellious unfilial crime. He listened, he bit off half an ear this son, saved the son's life;

What is a big money relatives not angry, hang in a large family, which at the time, this person belongs to intimidate others to death, also sentenced to a felony. He heard later, simply let his body down and hanging up, even save one life;

There is the brother-in-law and sister-in-law adultery, wife pregnant, which at the time was that both sides should put to death. But he is not in a hurry, the next case, all day in the bathhouse bubble......

Because defend did not have proper legal procedure in the ancient Chinese, so in view of Songshi politicians are generally regarded as "unscrupulous acts", is often regarded as the maker of the chaos and social problems. This is the traditional culture on the social value of the basic positioning system. According to Liang Zhiping "and" the human spirit, in the traditional society, he always be humble, their image is greedy, cruel, cunning, treacherous, who spread rumors and cause trouble, confuse right and wrong, pinch the word identification decoration, profit at other's expense.

Thus, despite the "lawyer" can again big, means more, after all the officials in charge, for "troublemakers", can not be together. Emerge in an endless stream repair Songshi means: light sticks flogging, heavy life assurance. Fight with public power, civilian "Songshi" also turned up great waves? "Songshi" master Deng was killed by a team of a surname; "the bucket" stipulates: "the lawsuit, the people make a speech butterfly, increase its shape, as reported, to fifty. If the increase in crime against a reduction, etc.." The Song Dynasty go beyond, every closed before yamen, almost must do the litigation.

 Visible, the ancient "Songshi" be regarded as affecting social stability, pick the word litigation unstable molecules. This localization of the "lawyer" low quality is due to manufacturing centralized body China ancient can be a monolithic whole, and gradually into the whole society: do not recognize the lawyer defense is a matter of lofty, not to mention the defense work of care. According to Liang Zhiping's "spirit of law and the human": traditional culture that does not recognize the supreme power, between the power and the right to. Work argue opposition between power and right unity of contradiction, also do not need special occupation groups to bear, it could not produce superb legal process is designed to provide a platform for solving this contradiction. This leads to "Songshi" engaged in defense work face be besieged on all sides. Finally, the most brave he cannot escape the fate of "Deng". Sadly, some modern scholars of traditional legal culture known as know unexpectedly also think lawyers "social wart", and claimed "it for social action, it is difficult to be useful".

The traditional concept of "Songshi" wrong idea, there is great harm to contemporary, to suppress the role of lawyers in the influence character by environment, make people continue to ignore the construction of legal procedures for the development of lawyer occupation. Judicial organs and relevant departments of power and its member concept lawyers believe that the behavioral effects of judicial activities of normal and smooth, not conducive to punish the criminal suspect or the defendant. Then the requirements should be judicial organs and relevant departments of power more extensive space power in legislation; legislation and practice, as far as possible to reduce the role of lawyers, lawyers practicing risk increase. Make judges and prosecutors, and even the police relative lawyer has a psychological advantage, the dissident lawyer as outside the mainstream, have common rejection. For example, a few days ago, the Supreme Court a vice president in the public judge training class, even some famous lawyer called "unscrupulous lawyer". What's more, fabricated evidence will defend to Chongqing lawyer Li Zhuang sentenced prosecutors did not subject to any sanctions, stately selected "party".

However, all are gone! The ancient "Songshi" in the history of the tribulation, for as long as people are not shame, in all kinds of classics is rarely discussed, until 1840 has failed to form a climate, not to mention a litigation system.

China a generation of contemporary meaning of "law", but after the Opium War. With the "five trade", Shanghai port opening, American lawyer with foreign goods come to China, first appeared in the Pidgin northern Ya men's affairs, and then, in Chinese and foreign affairs. In the Shanghai area, with the "Mixed Court" operation, Chinese own affairs began to hire a lawyer. When the time comes to 1903, in the "Subao" case, the modern lawyer began to flex its muscles, on the ancient Chinese Empire, has had a big events attract worldwide attention: superior Ching, had to stoop to appoint foreign lawyers for violations of Emperor Guangxu's two poor people -- Zhang Taiyan and Zhou Rong, about the reputation the right infringement litigation, resulting in the crowd, the eyebrows.

"He" is different from the modern lawyer system, "lawyer" is a means of living in ancient Chinese society, lack of industry standards and occupation moral. Modern lawyer system is the product of a certain stage of civilization of social development, democratic and free scale, the two cannot be mentioned in the same breath.