Xu Xin, Beijing Institute of Technology law school professor

Turn the first case from 500 to see the role of the lawyer in criminal detention

In 2013 09 months 23 days 10:07  News column  Author:Xu Xin  I have something to say (1598Ginseng and)
Gansu junior high school students in Zhangjiachuan Yang Hui.
A certificate of release.

 Gansu Hui Autonomous County in Zhangjiachuan province grade students Yang Hui, hair micro-blog questioned the county, a man of non normal death has inside information, by the public security to "serious, post reproduced 500 times" and criminal detention. This aroused great waves.

After the lawyers and netizens efforts, September 23, 2013 morning, because language detained young Yang Hui was acquitted. After several hours, police also announced a change in administrative detention of criminal detention. Gansu police joint working group students Yang suspected stir up trouble in Zhangjiachuan county junior high school case investigation and verification, the Yang is a minor and arrested after repentance, decided to withdraw the criminal case, the administrative detention for 7 days. But Yang father and lawyer refuses to accept the administrative detention, police correction is only one way: to withdraw the case, people put.

Thank you @ Wang Shihua lawyer[micro-blog] @ Fei you Zhu[micro-blog] Zhang Xiaojuan lawyer[micro-blog] Work. They are fearless, hold and Sike, contributes to the maintenance of the dignity of the law.

Thanks to the reporters present, netizens support. Since period of time, the network began to quiet, some people circumspect, junction node hesitating in speaking. Is the child of 16 years old, with the loss of personal freedom as the price, that absurd law and law enforcement, to awaken the netizen courage, arouse the conscience of law. Even Pan Shiyi[micro-blog] Big V, are starting to shut off concerns about Zhangjiachuan, about the middle school students.

Yesterday, Bo Xilai case verdict, thin by imprisonment. Even so important news, also failed to dilute the 500 to the first case of criminal detention. Internet users continued to Yang Hui Zhangjiachuan junior high school students attention, support the work of lawyers. Because the thin case, but is a drama, I just; but it is a tough battle, is more related to each of us, and our children, our rule of law, our future.

Therefore, we focus on the whole process, the depth of our "participation", as Yang Hui, is to focus on our own. We all deeply embedded adequate security in a world of freedom is not.

But do not have to stay, not to cheer. Because, this is but a small success, or even win some fluke. Local officials ass irrefutable evidence to not clean -- up to rampant use, officials, ass clean. So far, the netizen's victory, not to mention the triumph of rule of law. The settlement of the case, not because of the rule of law, which is mainly due to the pressure of public opinion. More terrible is, there are a lot of people convicted for words, and is likely to have more.

The lawyers have a battle to win, difficult is always a next time. They are doomed to bear the risk, to continue the hard, sometimes seems to have no hope, but can not give up.

In this case, there is still a wonderful sequel. For example, according to the Wuwei City Intermediate People's Court (2013) Wu Zhong early penalty No. third criminal judgments, Zhangjiachuan County Public Security Bureau Bai Yongqiang during 1995 to 2005 in order to get the former deputy director of the Tianshui public security bureau Party committee deputy secretary Shi Juping's attention, and to the bribery 50000 yuan. People can also concern: why can Bai Yongqiang with sin promoted; whether the procuratorate Bai Yongqiang to indulge crime of murder; the truth is still need further investigation; nightclub boss in the end Is it right? Officials; poverty county of national level luxury office buildings and large square is exceed the standard; whether routine audit of Liu Changjiang of secretary of county Party committee, county Ma Zhongqi that can be found and discipline clues; netizens report assault promoted the existence......

People put, good, my goal has always been very low. Too many cases, too many events, I already unable to pay attention. Every day received many complaints and help, I have no courage to return, although occasionally take a sentence, please find Yu Jianrong[micro-blog]. Brothers, please forgive me "ignore", because, I really incapable of action, any person is incapable of action. The solution of the problem, must rely on the system, by law, by democracy, by constitutional.

In the process towards the rule of law, must emphasize the role of lawyers. Every major cases, all lawyers are red in the first line, rights protection, law enforcement. They face a great risk, lawyer's rights often suffer from serious violations, and even many lawyers lost their personal freedom. Many lawyers in the defense, signed a carte blanche, looking for a good lawyer for herself. As yesterday's lawyer Wang Shihua said: she called me up and said Caution! In Gansu, I advise you immediately find lady, @ Zhou Ze lawyer[micro-blog] Zhu Mingyong lawyer[micro-blog].

Although the attorney rights is a tragic journey to the parties, but the Internet has existed on the "legal party" diatribe, have five wool, have no understanding of the people, but the lawyer's own problems. But, today you when five wool, tomorrow the aggrieved, ran to complain, you calling them to help you speak; today you are officials, swagger before others, wanton infringement, repression, tomorrow you are wrong, you do not find the organization, you find a lawyer for the media, or you pressed them to help you to talk; you do not speak today, you do not talk, tomorrow is someone help you talk, or should they help you talk, so, you don't talk, don't you speak.

Thanks to the person you are talking to, especially the need to understand and support the lawyer. The lawyer is the extension of the arm, is the most powerful protection of civil rights. The lawyer representing clients, representing society, representative of the people, so in some sense represent the fundamental interests of the overwhelming majority of "the people". Attorney Xing, Xing is the rule of law.

(Professor Xu Xin, Beijing Institute of Technology School of law)

2013-9-23 morning grass