Yang Jinzhu on the "Hunan Yue Lin law firm has weak legal aid center"

Yang Jinzhu, deeply influenced by traditional culture, Chinese look up at the starry sky, to "people" for ", in the far corners of the worry about the emperor"

     Yang Jinzhu nearly 60 years, Chinese (born in 1983 graduated from the Hunan Normal University Department of Chinese), Hunan people, deeply influenced by traditional culture and Huxiang culture, Chinese the patriotic, "land" for ", in the far corners of the but the sorrow of the king", is to eat their meals, exercise is the total heart.

    Yang Jinzhu a few years ago to Kangshifu administration Chinese Committee ten years caused by the Chinese judicial throwback to eat one's heart out at night, so that night, when watching the stars, the sky chosho:State so, really the best?!

    Yang Jinzhu worries about the state, which published a series of blog in Sina blog in 2010 since March.

    March 11, 2010In Chongqing, when Bo Xilai very influential at the time, Yang Jinzhu published the first to Bo Xilai blog "Thin secretary, I'm still a little get excited over a little thing"Bo Xilai, a direct challenge to the authority of the. In March 13th, Yang Jinzhu published a blog "Bo, I come to cure your boredom ". Subsequently, Yang Jinzhu continuously issued to the four letter Bo Xilai:

    Chongqing must not interfere with the right to defense counsel to administrative power [to the first letter (thin]March 14, 2010)

    Chongqing should be in accordance with the law to protect the right to meet with lawyers[to the second letter (thin]March 15, 2010)

    Chongqing should guarantee the rights of lawyer law To Bo Xilai [Third] (open letterMarch 16, 2010)

    Chongqing should guarantee the right lawyer's license according to law To Bo Xilai [Fourth] (open letterMarch 16, 2010

   

    Yang Jinzhu wrote four open letters to Bo Xilai, breath published 18 papers criticize Chongqing "black" article. These articles are still at Yang Jinzhu's blog, the article links:

    The first review: China lawyer who opposed the Chongqing Gang?

    The second review: Gongqing Chongqing bloggers don't distinguish the lawyer charge that punishment

    The third review: "against me dead" and Zhu Mingyong law security　

    The fourth review: Refuting Yang Jinzhu's attorneys of Chongqing black evil molecular "excuse" theory

    The Fifth Review: the barge black Chongqing Chinese lawyer on touch

    The Sixth Review: the barge China lawyers for the Chongqing underworld "a person who offers bad advice" theory　

    The seventh review: the barge China lawyers for the Chongqing underworld "umbrella" theory

    The eighth review: the barge China lawyer of Chongqing Gang "confuse right and wrong" theory

    The ninth review: the barge Chinese lawyers don't care about the ordinary people of Chongqing on

    The tenth review: Chongqing day is a sunny day, the people of Chongqing good love

    Eleventh evaluation: in defense of Chongqing Black defendants are China lawyer's legal responsibilities!

    Twelfth evaluation:Looking forward to the early arrival of spring China lawyers!

    Thirteenth evaluation:Chongqing black should not be stigmatized Chinese lawyer!

    Fourteenth evaluation:The Li Zhuang case is the largest case black Chongqing manufacturing!

    The fifteenth review: Chongqing black should not lose the justice of the procedure!

    The sixteenth review: Zhu Mingyong announced the death of procedural justice black Chongqing lost evidence pointsPoint
    The seventeenth review: Zhu Mingyong evidence is the real test of the implementation of two rules of evidence of the Supreme Court

     The eighteenth review: national law China shout is a lawyer's duty!

 

    NPC and CPPCC during 2011, Yang Jinzhu continuously published and Bo Xilai discussion blog:

    The representative of the cocoon and dull 2011 - Yang Jinzhu NPC and CPPCC talking about the eleven and with thinHee to Mr.Discussion(March 11, 2011)

    Chinese:The owner does not close to the servant2011 - Yang Jinzhu NPC and CPPCC talking about the twelve and with thinHee to Mr.Discussion(March 12, 2011)

    What is "look for to do" thing?2011 - Yang Jinzhu NPC and CPPCC talking about the thirteen and with thinHee to Mr.Discussion(March 13, 2011)

    Network era officials: left to right also difficult dilemma 2011 - Yang Jinzhu NPC and CPPCC talking about the fourteen and discussion with Mr. Bo Xilai(March 14, 2011)

      In 2012 NPC and CPPCC, Yang Jinzhu published in March 10th"Bo Xilai said Chongqing Gang not torture to extract confessions, bully the world without eyes!"And"Yang Jinzhu will be published several articles "Luan Bo Xilai 2012 NPC and CPPCC speech" of Gou PiboGuest". Not so Yang Jinzhu made this shit blog, Bo Xilai trouble.

 

    In Bo Xilai, Yang Jinzhu published a series of articles and the chief justice of the Supreme Court Wang Shengjun Dean, vice president justice Zhang Jun war windmill, and the series of articles Yang Jinzhu comments Chinese political reform. In addition, Yang Jinzhu also published some to show his articles, the most representative of the article is: before October 8, 2010 and Wang Shengjun war windmill published manuscripts "China lawyers mission","Open complex Woolley book"; in February 10, 2013 (the year of the snake Lunar New Year's day) published a New Year message"Knock out the rule of law Chinese Sike".

    

     Two, Yang Jinzhu will cause the formation of the "Hunan Yue Lin law firm has weak legal aid center"

    Reasons for the formation of the "Hunan Yue Lin law firm has weak legal aid center" Yang Jinzhu, mainly in the following aspects:

    1, inspired by the deputy director of Hunan Provincial Department of Wan Chuanyou

    Since 2013, the system and the senior leadership has affirmed the unique contribution of lawyers in the case of Sike sent to defend the pursuit of procedural justice, correction of miscarriages of justice in terms of. Deputy director of Beijing Municipal Bureau of justice Wu Qingbao in July 24, 2013 in the "Global Times" published "Sike sent lawyers to uphold the rule of law society" one article, this is China the judicial administrative organ led the first official mention "Sike" this noun. In this paper, in the first half part objectively affirmed the unique contribution of lawyers in the case of Sike sent to defend the pursuit of procedural justice, correction of miscarriages of justice aspect, in the latter part not call to criticize Yang Jinzhu in the Fujian high court, Beihai court selling sweet potato in the hunger strike, "behavior art", and put forward and I hope to play to send a lawyer:To send a lawyer to Sike uphold the rule of Law Society. Although this paper has many questionable points, but in general should be fully affirmed.

    In 2013, after a series of case Sike sent lawyers Sike's acquittal, later in the period of Yang Jinzhu in Jilin in 2013, Wang Gang shehei case defense to the Supreme Court Dean Zhou Qiang published two open letter to President Zhou Qiang, the Supreme Court, Shen Deyong vice president and the Supreme Procuratorate Cao Jianming attorney general in the Supreme Court and procuratorate meeting to varying degrees, affirmed the unique contribution of lawyers in the case of Sike sent to defend the pursuit of procedural justice, correction of miscarriages of justice in terms of.

    In September 13, 2013, when Yang Jinzhu's defense in fourth cases (Yiyang Chen Xinping case) acquitted, deputy director of the million hospital repeatedly summoned Yang Jinzhu, be careful "ideological work" on the Yang Jinzhu Yang Jinzhu Transformation: hope, hope Yang Jinzhu is the representative figure "Sike" lawyers, led the "Sike" lawyers become the national rule of law progress social positive energy.

    A series of "ideological work" deputy director Wan Chuanyou made a strong impression on Yang Jinzhu. Yang Jinzhu thinks: "Sike" lawyer represents a direction Chinese criminal defense, the external current is very small, compared with the about 200000 lawyers, their number is less. But this new power will continue to grow.

     Yang Jinzhu here to talk about Wan Chuanyou and deputy director of the history of communication.

    In 2010 October, Yang Jinzhu and the Supreme Court Dean Wang Shengjun war windmill, master's note "and" Yang jin. At that time, the deputy director of the hospital just competent lawyer million, "Feng" on Yang Jinzhu best suppress capabilities. The following facts and evidence:

     By 1, Tongcheng law group will Yang Jinzhu "delisting", the Yang Jinzhu 10 months can not practice law, become Chinese altar "ghost；wandering souls", had no choice but to make a sightseeing tour of Zhangjiajie and his wife Li Maolin lawyer.

     Reverse comprehensive survey of 2, letting Hunan province lawyers association related personnel of the period from 2007 to 2010 Yang Jinzhu lawyer business, did not find out the Yang Jinzhu any breach of discipline of lawyers and occupation moral, still with Yang Jinzhu in the blog on the false propaganda and the high fees for practicing punishment ", giving Yang Jinzhu denounced the".

    3, more can and is, Yang Jinzhu was not subject to administrative punishment judicial administrative organs in any form, there is no obstacle for lawyers. Yang Jinzhu is after the "delisting" namely Cheng for the establishment of a private law firm "Hunan Jin law firm", but also by the name of justice retrieval. But this guy in any name for Yang Jinzhu, a clear violation of the administrative permission law and the lawyers law must be made to permit within one month or written decision not to permit, only give suspended for oral reply, so that Yang Jinzhu wanted to bring an administrative lawsuit are not going into the court gate. It is the most hateful.

    At the beginning of 2011 5, Yang Jinzhu registered "Application in Hunan can not the law firm" of the situation, decided to leave Chinese law altar, "and I don't have to keep moving, own". One morning, deputy director of the office Wan Chuanyou, director of the association and the pipe to the Secretary General also present Zhou province. Yang Jinzhu sat opposite Wan Chuanyou, deputy director of the office desk talking, Yang Jinzhu came to the fire, on the desk and pounded the two palms, startled him. So to the director yelled: "Yang Jinzhu you have to take a table, I call security." Of course, Yang Jinzhu beat the table must be wrong, and later apologized to the deputy director Wan Chuanyou to apologize on the blog.

    At that time, Yang Jinzhu decided to leave before to Wu Aiying and justice minister war windmill, in mid May in the online publication of eighteen open letter to Secretary Wu Aiying, and then publicly asked Wu Aiying to minister to resign. Yang Jinzhu from Monday to Thursday continuously published four open letter, the Ministry of justice is not justice criticism. Thursday afternoon, the Provincial Justice Department pipe to director told Yang Jinzhu: Yang Jinzhu and his wife Li Maolin lawyers on Friday morning to go to the Department of justice. Yang Jinzhu Wu Aiying is estimated the tiger minister sat not to live, immediately answer: tomorrow morning I sent fifth letter again.

    Friday morning, after Yang Jinzhu published fifth open letter, and Mrs. Li Maolin lawyers to the judicial department, told by Li Maolin lawyer for the establishment of personal law firm. So, the Yang Jinzhu's planned 18 letters Justice Department criticized not judicial open letter 13 letter is not issued, it is a great pity or.

     Deputy director Wan Chuanyou than Yang Jinzhu small a few years old, is the 1979 University: Southwest University of Political Science and Law. Zhou Qiang is dean of authentic love. Yang Jinzhu had on his evaluation is a technique within the bureaucracy: do sb.'s bidding. But through the interaction of the past two years, I changed his evaluation: million is rare within the system of a real legal person, is a lawyer, management and the rule of law have really thought officials for, is also a decent corrupt officials. If Yang Jinzhu is the Minister of organization department vice minister, will put his promotion to the Justice Department to the director of lawyers. Well, hold on. Besides there is bootlick. However, Yang Jinzhu did not take any officials up is the people of the world know.

    2, the country's net friends thought that Yang Jinzhu is "contemporary bao".

    After the Beihai case, Guiyang, Fujian Wu Changlong River case bombing, Yiyang Chen Xinping case and other cases acquitted, the country's net friends thought that Yang Jinzhu is "contemporary Bao", be equal to anything, Yang Jinzhu's e-mail almost every day, received several letters to ask Yang Jinzhu for help message, every week to collect the material cases by express mail over. But even Yang Jinzhu was covered with iron, but also can make as many nails? Yang Jinzhu always told: now get prohibitively difficult! Yang Jinzhu is not the "contemporary Bao"!

    The more the netizen so trust Yang Jinzhu, trust Sike appointed lawyer, how not to betray their trust? Thus, Yang Jinzhu wanted to create "the idea of Hunan Yue Lin law firm has weak legal aid center".

 

    3, Sike sending lawyers in the past injustices and vulnerable groups to provide legal aid case model is not sustainable

    From the case of Beihai legal aid since 2011 (Yang Jinzhu also daotie 300000 yuan for Beihai case), the case, Wu Changlong Fujian bombings, Shuangfeng Liu Yibai, Fujian Xiamen Zhangzhou shehei case of second instance the case that a series of cases, Sike sent lawyers are providing legal aid.

    Yang Jinzhu think: Sike to send a lawyer to provide legal aid to the miscarriages of justice and vulnerable groups in a short period of time, be adhered to. But this model is absolutely impossible to develop continuously, must another way, to find a road of sustainable development.

    So, Yang Jinzhu came up to the formation of the "Hunan Yue Lin law firm has weak legal aid center".

    Three,"Hunan Yue Lin law firm has weak legal aid center" of the preparatory work

    The preparatory work before the spring festival began. Liaoning Yuan Chengjia case delayed the preparatory work carried out. But in March 21, 2014 the opening ceremony is unshakable. April 1, 2014 began trial operation is unshakable.

    Several points of the preparatory work:

    In 2014 March 1, 10 days announce to the society to the center of the rules, regulations and operational processes of the draft. March 20th formally finalized, then to the public.

    Properties of 2, the center of the two step.

    First of all, as the Hunan Yue Lin law firm within institutions (such as the internal civil, criminal Department) to run, but for the record to the administrative organ of justice and the Bar Association.

    The center has a special account in the Hunan Yue Lin law firm, had no relationship with the Hunan Yue Lin law firm billing.

    Secondly, after a period of operation, to be provincial Department of justice, Department of justice and the Central Committee of political support, to the civil affairs department for registration, as other organizations independent of Hunan Yue Lin law firm, has obtained the qualification of legal person. The center is actually a not engaged in any profit-making activities, fully to provide legal aid in criminal cases of miscarriages of justice and vulnerable groups, take the center aid lawyer assigned lawyers fees, travel and other handling direct costs, which is a completely pure charity.

 

    Four, the central operating capital income, expenditure and management.

    1, Yang Jinzhu in March 20, 2014 will be a special account 1000000 yuan donation to Hunan Yue Lin law firms to establish as the center, as the start-up capital. Yang Jinzhu from the beginning of 2015, in the first week in January of each year, donated 1000000 yuan, the special account of the center.

    2, the center in March 21, 2014. Later, from March 22, 2014 onwards, in accordance with the "Provisions of Hunan Yue Lin law firm has weak legal aid center to accept donations ", China citizens, Hong Kong and Macao compatriots, overseas Chinese and domestic money, do not accept foreign citizens and foreign organizations of any form of donation.

    3, the center of the money for all center assignment of criminal defense lawyers in handling the miscarriages of JusticeAnd vulnerable groups of criminal charges, including but not limited to legal fees, travel and other direct costs.

    4, Hunan province Lawyers Association accounting concurrently"Hunan Yue Lin law firm has weak legal aid center "accounting, carry on the supervision of the central financial.

    5, from the donors which elections five organization the board of supervisors, the use of funds for comprehensive supervision, each quarter to publicize details a donation income and donation expenditure. All income and expenditure are all carried out in the sun.

 

    Five,"Hunan Yue Lin law firm has weak legal aid center"The bridge between the in criminal appeal petitioners and court petition departments set up a trust, in order to ease the pressure of government stability,To ease the contradiction petitioners and court,To make their own unique contribution.

    Criminal appeal to visit the people accounted for a large proportion of court petition personnel, so the court a headache, big pressure. Chinese criminal cases filed prohibitively difficult, this is as everyone knows.

    There are many reasons leading to criminal cases Chinese difficulty of complaints, but one of the two most crucial reason is:

    1The people's court, limited by the human, material resources, financial resources, the criminal appeal cases on file long, there are a lot of a few years or even ten years case, because the criminal complaint does not limit.

    2, the criminal case the complainant (petitioners) the court does not believe, this distrust in court, the loss of the fundamental reason is that the people's court's credibility. This is due to visit the people repeat petition.

    The appointed lawyer never Sike and public power for blending characteristics, obtained the social public affirmation, won the trust of the parties. At the same time, these Sike appointed lawyer has profound criminal theoretical knowledge and rich practical experience of criminal defense, the defense case known success in society, they have a higher visibility in the community and the public trust.

    Thus, these Sike appointed lawyer can appeal in criminal cases (petitioners) bridge between people and petition the court to set up a trust department.

    Here are a few steps that Yang Jinzhu's:

    1,"Hunan Yue Lin law firm has weak legal aid center "assign two" Sike "criminal defense lawyer in a court (the best is the intermediate court) letters room office, reception of criminal cases in the court appeal petition staff under the guidance of the (petitioners);

    2, if the"Sike" criminal defense lawyer in the reception when first introduced to the center of the situation. Clearly inform the petitioners: we don't get to visit the people's money, will not take the court. Our lawyer fee by"Hunan Yue Lin Yuan weak legal aid lawyer"Payment center. While the center all the money comes from private donations, not a penny is a state funded (and also the Legal Aid Center official color completely different).

    3,"Sike" criminal defense lawyer in the reception to explicitly inform the petitioner: we as other petitioners and court independent third party, on the analysis of the case without any preconditions, and is not restricted by the petitioners and the courts of any one party, fully in accordance with the provisions of the facts and legal cases, independent judgment, according to the number of documents, in February (up to a maximum of two months) issued a written legal opinion.

    4, the court petition departments under the assistance, out of the original dossier material,Hunan Yue Lin law firm has weak legal aid center according to how many of the materials, assigned number of"Sike" criminal defense lawyers, analysis, demonstration, in one to two months (up to a maximum of two months) issue a written legal opinion written.

    5,Hunan Yue Lin law firm has weak legal aid centerWill issue two different opinion of counsel for the petitioners and the court.

    First, for the clear facts, irrefutable evidence, the correct application of law cases,Hunan Yue Lin law firm has weak legal aid centerWill be issued "on the XXX criminal appeal case the original judgment is correct, that interest and visit lawyer submissions", suggested that the criminal appeal people interest and visit.

    Second, for the original judgment facts unclear, insufficient evidence, program error, improper application of the law in criminal cases,Hunan Yue Lin law firm yuan weak legal aid center will issue a "the judgment of the first instance is about XXX criminal appeal case error, the people's court shall recommend further lawyers submissions filing review".

    Hunan Yue Lin Yuan weak legal aid lawyerIn the opinion, will clearly have the original judgment program or entity problem is pointed out, and the problems that affect the entity judgment in the results, damage the legitimate rights and interests of the parties, the people's court shall be placed on file review further suggestions.

     The move to Yang Jinzhu, there is no precedent in the China, can implement, depends on whether it can be supported by the people's court. Otherwise, it is merely a China dream of Yang Jinzhu!