"Lawyers in court, published by the agency, the defence advice from legal proceedings"…… recently brought to the 10th National People's Congress Standing Committee 28th meeting, the first consideration of the Lawyers Law Amendment Bill, will protect the rights of lawyers in principle more specific. The legal profession have said that the provisions give the lawyers professional exemption.
Under normal circumstances, legal counsel for the activities of the limits of practice, the law does not prohibit the local lawyers on the case in their understanding of the facts and the law, make an independent judgement as to maximize the pursuit of the interests of the parties to the proceedings and activities .
The complexity of the objective things and subjective understanding of the limitations, making no one can guarantee that have occurred on the facts of the case and related evidence to the accuracy of each of the judgement, we can not guarantee their tight defence of speech non-repudiation. Since the accused were eventually acquitted, we will not pursue the legal responsibility of the Prosecutor, even in court by defence counsel that the fact that eventually proved to be in line with the objective facts, the defence should not be subject to legal proceedings.
In criminal proceedings, defence counsel based on his understanding of the facts and the law, and the complaint launched against the court, the defendant is not only conducive to safeguarding the legitimate rights and interests, but also to listen to the judge that is conducive to the discovery of the facts of the case. If the defence counsel does not enjoy immunity, once a complaint with the contradictions and conflicts, and has a strong judicial powers against each other in a passive and negative vulnerable. The instinct for self-protection, lawyers or simply do not accept the defendant's commission, or while entrusted, but in defence of fear, not daring to express their views, even one station to denounce authorities, as the "second prosecutor" Role, leading to the prosecution and the defence of equality no longer confrontation, litigation just difficult to achieve.
Europe, the United States and France of the country, judges, prosecutors general from the selection of outstanding lawyers, three by a natural link, making judges and prosecutors to have enough lawyers professional recognition. Since ancient times and China attaches great importance to maintain social order, or undermines social stability has been the abhorrence of the crime. Legitimate rights and interests of lawyers as the defenders of the accused, often referred to as the "bad guys speak for the people." In particular, the defendant was suspected of having committed a major crime is extremely evil, people hate the criminals are often extended to their defence counsel on.
1990, the United Nations adopted the "Role of Lawyers on the basic principles." Article 20 of the Treaty agreed: "lawyers for the defence of their written or oral statements made on or as a mandate appeared in a court, tribunal or other legal or administrative authorities released before the speech, should enjoy civil or criminal immunity Right. "China is a signatory to international treaties, and should conform to international trends, the full implementation of treaty obligations.
31 Jul 2008
Professor of Law should not be part-time business lawyer
with Xi Zhang, director of the Prosecutor during a speech to Tsinghua University, on a part-time law professor industry phenomenon, commented: "In Taiwan, professor of law at private universities can be part-time law, however, prohibit the National University professor to do so. Because as public officials, like , The professor has provided sufficient for the supply. Employer engaged in paid services for the legal industry, will affect a fair and unbiased professor of academic opinion; who is also the existence of two professional conflict of interest. "Watch of law, the Mainland Lawyers Law changes will be enlightening.
Needless to challenge the law to solve practical problems, part-time professor from the Faculty of Law, can bring fresh material and practical experience to enrich teaching and research content and effectiveness of the legislative proposals. Industry can be part-time professor of law provisions in the special stages under the conditions of space-time options: lawyer system after the establishment of the abolition and the restoration of the reconstruction phase, the reconstruction of the country when only four lawyers, far from meeting the needs of society, from part-time professor to Expand the contingent of lawyers is very necessary. However, the law contains industry after more than 20, the exhibition has been rapid progress and the attendant problem is that part-time professor of law has been criticized now, the demise of such a provision.
Professor of Law is a transcendental, and the autonomy of the public nature of the thinking class. Professor have great expectations of the community was the elite group, its causes First, the public knowledge of the trust and respect for the professor to focus on the second is social typical time of the incident, the professor can expect to detached and neutral groups to come forward to express freedom of speech . According to opinion polls show that the majority of people believe that scholars should stand on an independent academic position, the statement fairness, integrity line, safeguarding public interest and influence public policy. However, in the process of social transformation, a number of factors will undermine the transcendence of scholars. Some scholars lack of independent personality, thinking and behavior, issued by the remarks lose fair, by amending the law more than a biased point of view, on the back of speech can often be uncovered and the tail. Professor's remarks could affect law enforcement or even legislation, but this impact is indirect. In specific cases, there is a complicated interests. And industry restrictions on the interests of not only the wisdom of the fool thinking eyes, but also restrict the right choice lost forward direction. Jumped out to circle the interests of independent, system design to become a professor of occupational identity of a purely ideological and class. This is not a part-time not on the views expressed by the fair, but at least the system for professors to express their views independently provide a space for autonomy. Prohibition of part-time or part-time salary is aloof and not of the necessary conditions. Lay down their interests, Seasky. Break the shackles of the interests of the soul, with a forthright mind to face legal problems.
Part-time professor of law at the law there is a professional conflict of interest. Professors and lawyers are legal, but is aloof professor unique secular ideology of the class, lawyers face the reality of the legal craftsmen; although both common social expectations, but the professional conduct and ethics different. Part-time professor of law Zuoxiang industry caused them both teaching and research staff within the system of resource advantages, and part-time lawyer's operational activities. Different occasions, the role of the exchange. In court and the prosecution Fentingkangli; may be on the podium in opposition to belittle the role of values, not consciously speaking for the defence role. To the division to the medium of instruction, the impact of the law is the thinking of experts to participate as legislation, the impact of the public. Public security institutions, the Institute of judges, prosecutors and other political and legal institutions of the College of the Law Society Professor of dual-migratory status, and law enforcement personnel there is a causal link, the specific impact on the administration of justice is very natural. Sometimes, for access to more part-time interests, professor of law at the use of the media monopoly of words, to achieve the effect of a transmission. These multiple roles inevitably exist professional conflict of interest.
Professor of Law, the legal impact of the part-time vocation. Legal Education can not be divorced from practice, the law otherwise there will be no professional to develop a standard, but the practice and theory of marginal existence. Professor charged with the dual responsibilities of teaching and educating people, in a written legal migration between the law and action is necessary to perform duty. At the same time, deeply affecting the education of legal thinking habits. Chrysler president of the United States Keka said: "In a completely rational society, the elite of our teachers are eager to do this is because: to the best talents education, management and future generations, generation after generation and transmission of civilization, People should be the highest glory, is the highest responsibility. " Nengyanshanbian professors, not only to the medium of instruction is seen as a technology, mainly through Yanchuanshenjiao is to study their knowledge to teach trainees, students improve self-cultivation. Part-time professor of law, on the one hand to enjoy the feast provided by the Government, on the one hand and get through and pay Banquet. These professors, often the interest transferred to part-time, often no time to teach students, part-time duty to make way.
Part-time professor of law at the impact of moral law to develop. Mainland media have reported in Hong Kong City University doctoral student studying the bribery case of women, she attempted to teachers Huimai questions and answers, the Hong Kong court sentenced six months. Some people blame the Internet Professor Dai Xiaohui, should not have to report and the ICAC arrested with his students, Professor Dai, through the media, took position: "the need to preserve the dignity of academic and the principles of justice." Want to do so. Law School should be a noble people admire the purity of the ivory tower, must not become a disturbance off the Vanity Fair; professor should be independent from Germany to visit exemplary and must not become a trend of the right to the benefit Qiangtou Cao; students must accept Professional ethics and the rule of law the essence of the baptism, must not become a profit-driven recovery of the guests. Wang Xuan said: scholars entangled once fame and fortune, not far from the end of distance learning. Law is the doors of learning and practicing the need to study science, hard and accumulation, a Xinwupangwu the focus and intentions, "if outside the city, Wu Xin Jing if the seal" as the state of mind. Academic scholars is the fundamental, is an independent scholar of the fundamental theoretical thinking, lofty spirit of academic and academic philosophy. Chen Yinke year in memory of the Daowen Wang Guowei said: the spirit of independence, freedom of thought. This is really a Gaoshanyangzhi realm. Enlightenment world of teaching and educating people assume when Professor Yinyiweijian!
Needless to challenge the law to solve practical problems, part-time professor from the Faculty of Law, can bring fresh material and practical experience to enrich teaching and research content and effectiveness of the legislative proposals. Industry can be part-time professor of law provisions in the special stages under the conditions of space-time options: lawyer system after the establishment of the abolition and the restoration of the reconstruction phase, the reconstruction of the country when only four lawyers, far from meeting the needs of society, from part-time professor to Expand the contingent of lawyers is very necessary. However, the law contains industry after more than 20, the exhibition has been rapid progress and the attendant problem is that part-time professor of law has been criticized now, the demise of such a provision.
Professor of Law is a transcendental, and the autonomy of the public nature of the thinking class. Professor have great expectations of the community was the elite group, its causes First, the public knowledge of the trust and respect for the professor to focus on the second is social typical time of the incident, the professor can expect to detached and neutral groups to come forward to express freedom of speech . According to opinion polls show that the majority of people believe that scholars should stand on an independent academic position, the statement fairness, integrity line, safeguarding public interest and influence public policy. However, in the process of social transformation, a number of factors will undermine the transcendence of scholars. Some scholars lack of independent personality, thinking and behavior, issued by the remarks lose fair, by amending the law more than a biased point of view, on the back of speech can often be uncovered and the tail. Professor's remarks could affect law enforcement or even legislation, but this impact is indirect. In specific cases, there is a complicated interests. And industry restrictions on the interests of not only the wisdom of the fool thinking eyes, but also restrict the right choice lost forward direction. Jumped out to circle the interests of independent, system design to become a professor of occupational identity of a purely ideological and class. This is not a part-time not on the views expressed by the fair, but at least the system for professors to express their views independently provide a space for autonomy. Prohibition of part-time or part-time salary is aloof and not of the necessary conditions. Lay down their interests, Seasky. Break the shackles of the interests of the soul, with a forthright mind to face legal problems.
Part-time professor of law at the law there is a professional conflict of interest. Professors and lawyers are legal, but is aloof professor unique secular ideology of the class, lawyers face the reality of the legal craftsmen; although both common social expectations, but the professional conduct and ethics different. Part-time professor of law Zuoxiang industry caused them both teaching and research staff within the system of resource advantages, and part-time lawyer's operational activities. Different occasions, the role of the exchange. In court and the prosecution Fentingkangli; may be on the podium in opposition to belittle the role of values, not consciously speaking for the defence role. To the division to the medium of instruction, the impact of the law is the thinking of experts to participate as legislation, the impact of the public. Public security institutions, the Institute of judges, prosecutors and other political and legal institutions of the College of the Law Society Professor of dual-migratory status, and law enforcement personnel there is a causal link, the specific impact on the administration of justice is very natural. Sometimes, for access to more part-time interests, professor of law at the use of the media monopoly of words, to achieve the effect of a transmission. These multiple roles inevitably exist professional conflict of interest.
Professor of Law, the legal impact of the part-time vocation. Legal Education can not be divorced from practice, the law otherwise there will be no professional to develop a standard, but the practice and theory of marginal existence. Professor charged with the dual responsibilities of teaching and educating people, in a written legal migration between the law and action is necessary to perform duty. At the same time, deeply affecting the education of legal thinking habits. Chrysler president of the United States Keka said: "In a completely rational society, the elite of our teachers are eager to do this is because: to the best talents education, management and future generations, generation after generation and transmission of civilization, People should be the highest glory, is the highest responsibility. " Nengyanshanbian professors, not only to the medium of instruction is seen as a technology, mainly through Yanchuanshenjiao is to study their knowledge to teach trainees, students improve self-cultivation. Part-time professor of law, on the one hand to enjoy the feast provided by the Government, on the one hand and get through and pay Banquet. These professors, often the interest transferred to part-time, often no time to teach students, part-time duty to make way.
Part-time professor of law at the impact of moral law to develop. Mainland media have reported in Hong Kong City University doctoral student studying the bribery case of women, she attempted to teachers Huimai questions and answers, the Hong Kong court sentenced six months. Some people blame the Internet Professor Dai Xiaohui, should not have to report and the ICAC arrested with his students, Professor Dai, through the media, took position: "the need to preserve the dignity of academic and the principles of justice." Want to do so. Law School should be a noble people admire the purity of the ivory tower, must not become a disturbance off the Vanity Fair; professor should be independent from Germany to visit exemplary and must not become a trend of the right to the benefit Qiangtou Cao; students must accept Professional ethics and the rule of law the essence of the baptism, must not become a profit-driven recovery of the guests. Wang Xuan said: scholars entangled once fame and fortune, not far from the end of distance learning. Law is the doors of learning and practicing the need to study science, hard and accumulation, a Xinwupangwu the focus and intentions, "if outside the city, Wu Xin Jing if the seal" as the state of mind. Academic scholars is the fundamental, is an independent scholar of the fundamental theoretical thinking, lofty spirit of academic and academic philosophy. Chen Yinke year in memory of the Daowen Wang Guowei said: the spirit of independence, freedom of thought. This is really a Gaoshanyangzhi realm. Enlightenment world of teaching and educating people assume when Professor Yinyiweijian!
Lawyers to be careful on the neck of the sword
We in the Internet, in newspapers and even in the real work and life, often hear a certain lawyer has been detained by public security organs, or on suspicion of perjury by the prosecution. Such as: September 1997, Shanxi's lawyer Zhao Dayong was suspected of perjury prosecution; November 1997, Xu Jianfeng Qiqihar lawyers for suspected perjury by prosecution; December 1997, Heilongjiang lawyer Wang Bing on suspicion of perjury by prosecution; December 1998, Henan lawyer Wang Kuisheng false evidence in connection to the crime was prosecuted…… 1995 National Bar Association's lawyer received only a few dozen cases of IPR protection, and to 1997, in 1998 the annual lawyers to defend their right in the More than 370, especially the new "Criminal Law" after implementation, engaged in criminal defence lawyers involved in the business of perjury, obstruction of the crime cases to testify total number of cases of IPR protection to 80%. According to the National Lvxie on 23 counts of the case on this case statistics, 11 cases were suspected of lawyers while case dismissal or acquittal, six convictions, an exemption from criminal sanctions, and five still pending, making rate Up to 50 percent.
This is how the Chinese Bar sad ah! It is no wonder that people will be the lawyers engaged in criminal defence in the face of physical danger vividly called the "Corner on the Dance" and "wearing shackles dance", while the Penal Code section 306 and section 307 is that in all the cross The defence counsel of the sword on the neck! "Criminal Law of the PRC" section 306 provisions of a special counsel for the main body of perjury, the crime of the integrity of the legal interpretation as "defenders, litigation agents to destroy evidence, falsified evidence, the crime of prejudice to testify."
There are many lawyers, especially the young lawyers, Chushe criminal cases, went to collect evidence, the case has not yet Banjie, their detention by the public security organs had. I recently wrote online to see a lawyer of the post, said another lawyer for two with corruption and bribery cases, the suspicion of "helping the suspect, the defendant concealed, destroyed, forged evidence or Chuangong," by the public security authorities detained , The reason is the public security organs of the detention house lawyers that the meeting room with the listener, a lawyer with the contents of the recording were all down, and as a evidence. Read this case, I can not help but surprised, because yesterday I was in a detention center to Shenzhen, met with a criminal suspect (the crime syndicate members), Fortunately, I do not have any irregularities, and repeatedly stressed that the meeting was " Must be truthful statements. "
Therefore, as a lawyer, we must position themselves correctly, and always remember:
First, our legal environment is not very satisfactory, although the rule of law has for several decades, but the real attention to the rule of law, that is, the things the past few years. How lawyers are not subject to investigation departments (including prosecutors) to welcome and sometimes even be seen as "Tuohou Tui." Lawyers have self-knowledge, should always be aware of their identity, only the "lawyer" only, in the face of strong state investigation, indictment rights organizations, lawyers can be described as "insignificant" and even "non-essential"!
Second, lawyers should never rely on the parties so! The parties can not be said of his innocence, then he really innocent. To be honest, being locked up in detention centers, in all likelihood are guilty. Moreover, the lawyers not to give witness Zuobi Lu. Sometimes, even if you do not teach him to change testimony, witnesses, victims and other changes in testimony by the investigation because of the investigation, reflected in instinct, will be looking for scapegoats, the scapegoat of choice is evidence of his lawyers, if a witness Two elements do not even completely contrary to the testimony, he asked the public security organs which were really what were false, he will certainly say to the public security authorities said was true, the lawyers say is false, in which Under the circumstances, the public security organs on this statement to him to do a record, the transcripts can be easily on the evidence of lawyers admitted to the detention center inside the door Nashan heavy!
Third, the lawyers of the organization, the Bar Association, should be powerful and effective, but the fact is not so ideal. In many cases, the lawyers suspected of "defenders, litigation agents to destroy evidence, falsified evidence, the crime of prejudice to testify", our lawyers are not actively loudly, on the contrary, is a lawyer practising as a negative example of discipline, To a so-called "lawyer practising self-inspection act." As long as it is from the court or prosecutors or public security organs in the complaint, regardless of the actual situation, the first penalty only for lawyers said. For any one industry, the organization's role is to support and help, management, supervision and punishment. However, if only to management, supervision, punishment and charges, then this organization under the individual and on the need to keep vigilant to protect themselves.
Finally, as a lawyer, the first duty of lawyers to put in the first, to obey the law, uphold justice in first place. Can not be economic interests as the driving force. In many cases, lawyers must know how to choose, for social justice, we would like to make poor life!
Therefore, you learn more lawyers colleagues, "the Code of Criminal Procedure," and article 38 of the "Criminal Law" 306,307, which is horizontal lawyers in a sword on the neck! The world's most modern countries keep a sound legal system, in accordance with the United Nations, "on the Role of Lawyers basic principles" under the relevant provisions of the lawyers defending the immunity from criminal, many countries such as Britain or even the rule of law also provides for the "witnesses Incrimination should not fall into the "principles of law, but China was ready to accept their line, to create such a sharp sword, in all-business lawyers in the defence of the neck!
Harvard University law professor, the famous criminal defence lawyer Alan »Bradshaw-Benz, said:" one country, whether there is a real freedom, it is one of the touchstone for those guilty people, for the people of the world's only by Buchi The defence of people's attitude. In most authoritarian countries, the independent counsel team does not exist. It is true that authoritarian oppression widespread concern Wuji the obvious signs that the Government began persecution of defence lawyers. "Shakespeare's great drama writers have said Too: "If we are bound to solve a pressing matter, let us get rid of all the lawyers it." Therefore, the lawyers note that at any time someone wants to "kill all the lawyers!"
lawyers focused on learning
"Criminal Procedure"
Article 38 stipulates: "The defence lawyers and other advocates, not to help the suspect, the defendant concealed, destroyed, forged evidence or Chuangong not threat, lure or a witness to change testimony for perjury and other activities interfere with the proceedings of the judiciary."
"Criminal Law"
300th and six in criminal proceedings, counsel, litigation agent destruction, forged evidence, to help the parties destruction, forged evidence, threats and temptations contrary to the facts change witness testimony or perjury, to three years imprisonment or detention; plot Serious, more than three years to seven years imprisonment.
Counsel, litigation agent to provide, produce, cited the testimony of witnesses or other evidence of misrepresentation, not intentionally falsified, not forged evidence.
307th of the use of violence, threats, Huimai witnesses, and other methods to prevent or instigation of perjury, to three years imprisonment or detention; serious cases, more than seven years to three years in prison.
To help the parties destruction, forged evidence, in serious cases, to three years imprisonment or detention.
Justice staff before committing two crimes, harsh punishment.
This is how the Chinese Bar sad ah! It is no wonder that people will be the lawyers engaged in criminal defence in the face of physical danger vividly called the "Corner on the Dance" and "wearing shackles dance", while the Penal Code section 306 and section 307 is that in all the cross The defence counsel of the sword on the neck! "Criminal Law of the PRC" section 306 provisions of a special counsel for the main body of perjury, the crime of the integrity of the legal interpretation as "defenders, litigation agents to destroy evidence, falsified evidence, the crime of prejudice to testify."
There are many lawyers, especially the young lawyers, Chushe criminal cases, went to collect evidence, the case has not yet Banjie, their detention by the public security organs had. I recently wrote online to see a lawyer of the post, said another lawyer for two with corruption and bribery cases, the suspicion of "helping the suspect, the defendant concealed, destroyed, forged evidence or Chuangong," by the public security authorities detained , The reason is the public security organs of the detention house lawyers that the meeting room with the listener, a lawyer with the contents of the recording were all down, and as a evidence. Read this case, I can not help but surprised, because yesterday I was in a detention center to Shenzhen, met with a criminal suspect (the crime syndicate members), Fortunately, I do not have any irregularities, and repeatedly stressed that the meeting was " Must be truthful statements. "
Therefore, as a lawyer, we must position themselves correctly, and always remember:
First, our legal environment is not very satisfactory, although the rule of law has for several decades, but the real attention to the rule of law, that is, the things the past few years. How lawyers are not subject to investigation departments (including prosecutors) to welcome and sometimes even be seen as "Tuohou Tui." Lawyers have self-knowledge, should always be aware of their identity, only the "lawyer" only, in the face of strong state investigation, indictment rights organizations, lawyers can be described as "insignificant" and even "non-essential"!
Second, lawyers should never rely on the parties so! The parties can not be said of his innocence, then he really innocent. To be honest, being locked up in detention centers, in all likelihood are guilty. Moreover, the lawyers not to give witness Zuobi Lu. Sometimes, even if you do not teach him to change testimony, witnesses, victims and other changes in testimony by the investigation because of the investigation, reflected in instinct, will be looking for scapegoats, the scapegoat of choice is evidence of his lawyers, if a witness Two elements do not even completely contrary to the testimony, he asked the public security organs which were really what were false, he will certainly say to the public security authorities said was true, the lawyers say is false, in which Under the circumstances, the public security organs on this statement to him to do a record, the transcripts can be easily on the evidence of lawyers admitted to the detention center inside the door Nashan heavy!
Third, the lawyers of the organization, the Bar Association, should be powerful and effective, but the fact is not so ideal. In many cases, the lawyers suspected of "defenders, litigation agents to destroy evidence, falsified evidence, the crime of prejudice to testify", our lawyers are not actively loudly, on the contrary, is a lawyer practising as a negative example of discipline, To a so-called "lawyer practising self-inspection act." As long as it is from the court or prosecutors or public security organs in the complaint, regardless of the actual situation, the first penalty only for lawyers said. For any one industry, the organization's role is to support and help, management, supervision and punishment. However, if only to management, supervision, punishment and charges, then this organization under the individual and on the need to keep vigilant to protect themselves.
Finally, as a lawyer, the first duty of lawyers to put in the first, to obey the law, uphold justice in first place. Can not be economic interests as the driving force. In many cases, lawyers must know how to choose, for social justice, we would like to make poor life!
Therefore, you learn more lawyers colleagues, "the Code of Criminal Procedure," and article 38 of the "Criminal Law" 306,307, which is horizontal lawyers in a sword on the neck! The world's most modern countries keep a sound legal system, in accordance with the United Nations, "on the Role of Lawyers basic principles" under the relevant provisions of the lawyers defending the immunity from criminal, many countries such as Britain or even the rule of law also provides for the "witnesses Incrimination should not fall into the "principles of law, but China was ready to accept their line, to create such a sharp sword, in all-business lawyers in the defence of the neck!
Harvard University law professor, the famous criminal defence lawyer Alan »Bradshaw-Benz, said:" one country, whether there is a real freedom, it is one of the touchstone for those guilty people, for the people of the world's only by Buchi The defence of people's attitude. In most authoritarian countries, the independent counsel team does not exist. It is true that authoritarian oppression widespread concern Wuji the obvious signs that the Government began persecution of defence lawyers. "Shakespeare's great drama writers have said Too: "If we are bound to solve a pressing matter, let us get rid of all the lawyers it." Therefore, the lawyers note that at any time someone wants to "kill all the lawyers!"
lawyers focused on learning
"Criminal Procedure"
Article 38 stipulates: "The defence lawyers and other advocates, not to help the suspect, the defendant concealed, destroyed, forged evidence or Chuangong not threat, lure or a witness to change testimony for perjury and other activities interfere with the proceedings of the judiciary."
"Criminal Law"
300th and six in criminal proceedings, counsel, litigation agent destruction, forged evidence, to help the parties destruction, forged evidence, threats and temptations contrary to the facts change witness testimony or perjury, to three years imprisonment or detention; plot Serious, more than three years to seven years imprisonment.
Counsel, litigation agent to provide, produce, cited the testimony of witnesses or other evidence of misrepresentation, not intentionally falsified, not forged evidence.
307th of the use of violence, threats, Huimai witnesses, and other methods to prevent or instigation of perjury, to three years imprisonment or detention; serious cases, more than seven years to three years in prison.
To help the parties destruction, forged evidence, in serious cases, to three years imprisonment or detention.
Justice staff before committing two crimes, harsh punishment.
Practice lawyers chat journal
For a number of recently served notice of default judgement and civil cases, it thought why not simply in the law provides that: will corporate registration in the Trade and Industry's home address as the judicial process in an address, that is, if the court in accordance with Business enterprises registered residence completed a service that acts as an effective legal service, and will have served after a series of legal consequences. I think if the law can have the above requirements, will not only solve real industrial and commercial enterprises in the residence registration in the address does not match with the actual business address the issue, so as to effectively supervise enterprises registered for residence changes to facilitate the industry and commerce, taxation and other departments of management, but also Possible to omit the Court of corporate conduct notice served on the links, greatly shorten the proceedings.
(B)
Also seized registered to lawyers, to count himself practising for two years, and do a number of civil cases, lawyers do have some feelings and experiences. One of the most feeling is the law that does not mean that the facts of life.
The so-called legal facts, I will be defined as the courts, through the burden of proof Testimony and other proceedings and was eventually found by the Court of the facts, but also can be understood as the entry into force of the Magistrates Court instruments recorded in fact. The fact is that the law is based on the fact that a magistrate. The fact is that the so-called living historical facts, that is the truth. The reason why the fact that the law does not mean that the facts of life, because the parties believe that as long as the facts of life in Zhanli will win the lawsuit, and the court is based on the legal facts of life rather than facts to the magistrate, the transition to legal facts of life that the bridge is evidence . The lawyers and the courts have an obligation to narrow the gap between the facts and the legal gap between the facts of life, because only the legal facts of life nearly as much as possible the facts, so that lawyers can better safeguard the legitimate rights and interests of clients, the court can do as much as possible To justice, safeguard the authority of the law, to the end, the social harmony. And narrow the legal facts of life and the fact that the gap between the methods of investigation and evidence collection is the work of lawyers and the courts of investigation and evidence collection work.
As a lawyer, I have to do their own can do as far as possible, because the lawyers have the right to investigate and collect evidence on the very limited in this regard than the client can not be strong where the power to. I would like to tell you that the Court itself is far from doing a good job of investigation and evidence collection work. I have contacted the judges are generally too lazy, the parties and lawyers submitted the application for investigation of a judge is often "This is not a civil court in the scope of investigation" on the court was dismissed, and sometimes even the clerks Sentences are not credited to the transcripts.
For example all the facts and the law clearly on the fact that the difference between life and the attitude of the court. John asked his nine colleagues, a total of 10 packets of food to restaurants, San bill after a meal, the rise of individual invoices. After a seafood because they do not cooked, leading to John and another nine colleagues are sick, the cost of medical expenses. So the prosecution to the court, we authority of the court in the fact that the thinking is: Who who advocated the principle of burden of proof, San How do you prove that dining in the restaurant, then John came up with a invoices, the judge also asked the San Colleagues, colleagues said that San guests, only one invoice in the hands of John, our hands no invoices. Results in the restaurant side of the question, the court found that San colleagues can not prove their meals in restaurants. The story does not end here also, the judge asked John how to prove that they eat seafood, how to prove that the seafood unsanitary, San Wu Yu, because invoices did not write Caiming not write more food ingredients and work process. At this time, an invoice has become all the legal facts. I would like to say is: Respected judge adults! Xia Guanzi can not require people to eat restaurants were issued for each invoice, the rise must also state the name and identity card, but also stated Cai Ming, because we the people, including restaurants all life is not so!
This is the law and the fact that the gap between the facts of life, if the court does not understand this phenomenon, or handled properly, will appear completely black and white reversal of the judgement. This is not sensational, I encountered on the real. In fact, as long as the court bailiff sent to the site to check out restaurant menus, and staff to find out (if restaurant opposite the entrance or a monitoring unit, accessible by clicking on the can) and, if necessary, may request the health sector or catering Society to help the working and living Can be turned into facts on the legal facts.
My conclusion is: people usually can not judge finds that the evidence in accordance with the idea of life, just as people can not fall ill the same people are not lawyers, just as people are not as a doctor (Dr. He Kuang and lawyers will be sick, lawsuits ). Relief as a last line of defense in court, should respect the reality of life, lawyers can not collect evidence, take the initiative and active investigation, legal facts of life as much as possible close to the facts.
Examples of these restaurants, I have in a Beijing court in the second trial in a move to enable the judge not to the standard of proof set too harsh and not good at that as long as the sitting judges can look at the documents Duanan, Hope that the court can take the initiative in the lives of ordinary people into the field to investigate and collect evidence and make a fair judgement. Wrote here, I can not think of a word: the unspoken rules. I hope that the rule of law as early as possible to replace the unspoken rules.
(C)
How should the lawyer and client communication problems, talk about their experiences. Lawyer and client communication is divided into two phases: to live and work.
1, and then live stage is that the parties have to find you, hope and understanding of the Advisory court heard how to hire a lawyer, when the two sides have yet to be established agency relations. For the lawyers source does not come easily, and more for the reputation, to have the parties is already not easy to find and should be cherished. Therefore, the lawyers and their clients to communicate this stage the main aim should be to try to keep the parties, contributed to signing that received money from the case. Specific communication skills are as follows:
(A) if the call is advice, suggestions lawyers on the phone to communicate with clients in the case as brief as possible, Qingtingdianshui can, to as much as possible about the parties interviewed, but must be about as far as possible to their clients,. Because if the call after a below, lawyers will not only lose valuable source of the case, but not their own harvest. If the parties can come to, if not signed, the lawyers at least in terms of the following harvest:
1, can give a good impression left parties. In China, must not neglect one side of fate, if you eloquence, and dress properly, it is made to the successful first step. Perhaps this subject will find you do the next case or other cases you also may be introduced.
2, you can give the parties left the business card. The parties may be found through friends or media advertising, business cards left parties can ensure that the future can find you directly.
3, can copy the identity of the party materials and archive materials cases. Lawyers on the phone to communicate when not forget to remind the parties to the interview must Daiqi materials. Leave the material can be avoided in future communication troubles, can also enrich lawyers file to facilitate future studies.
4, or consulting fees. According to his lawyer whether the specific circumstances have received this fee. If the relationship between hardware or references in advance that free advice, the lawyers can first tell the parties in accordance with the provisions should have been at the number of consultancies, and then repeat as Shuishui is introduced, so one hour free consultation, etc., to reflect the legal services Value. My experience is that many clients think they have come since, certainly do not want to Baipaoyitang or simply do not care about their Ersan Bai yuan in consulting fees.
(B) If the parties are requested interviews, the lawyers should note the following points:
1, the first interviews will offer the parties to the Lane. This will allow the parties to feel the atmosphere of lawyers and legal services by the strength, but also facilitate the production of lawyers, copying and access to materials. But if the parties signed a decision, lawyers can immediately the formalities (the development agreement, sealed, invoicing, etc.).
2, the lawyers are to be installed.
3, to ensure that communication not bother. Lawyers received by the parties, preferably in a closed meeting room, so that when the parties are talking about the case and can not speak freely disturb. Lawyer at this time can be transferred into his cell phone vibrating.
4, after the meeting not to talk about the case immediately following the preliminary work to be done: First of all Dishang own business card, and other parties Lazuo after Dishang water, and other parties to absorb a little rest for a while after the first asthma briefed by the law and their own. If the lawyers decide to consulting fees, should inform the parties at this time charges, and clearly the beginning of the consultation (preferably put a table in the table).
5, before the formal talks, the lawyers also asked the parties to the two issues. First, whether the parties had consulted on the case other lawyers » Second, whether the parties had worked with lawyers and the experience »
6, while on the case while Chayanguanse. For lawyers, the economic strength of the parties directly related to the contract and whether the number of legal fees. Therefore, when communication between lawyers and their clients can not be completely stick case, attention should be paid through the conversation in which the parties understand the industry, occupation, work and educational background, income or family assets. Grasp the economic situation of the parties, the lawyers have to combine the case with the parties decided to establish what relationship, is a charge for consultancies » Or can be negotiated agent » Or a legal adviser to talk about business » Bar-On as much as possible at this time to charge more business.
7, if the parties agreed to pay consulting fees, the lawyers to control the good advice of the time. Although less than one hour by one hour charge, but if the whole hour away from too many poor feel that the parties will . My experience is: let the parties to complete its case, and then repeat it again by the Law Society and asked whether the parties added that after the court heard from lawyers about legal analysis. If not enough time to close the whole hour, the lawyers can explain to the parties on a number of legal jargon or some similar cases.
8, if lawyers need to copy information by as much as possible to other people, for, by the law to reflect the quality of service and strength. If you need copies of the identity of the party, they should inform the parties can be personally supervised copying process. If the lawyers because other things need to temporarily leave the while, as far as possible not to let the parties feel lonely, to provide press, but their work will not be allowed to notes or other information on the case left to the parties.
9, lawyers and their clients talk about the case if the lawyers cited the need for the other case, must pay attention to confidentiality, the parties must not let you feel the leakage He client privacy.
10, lawyer and client communication, it is necessary to maximize the use of law were made by the French, not the client's style of the parties.
11, the key is: he is not signed, the case can not be too detailed for in-depth analysis. Consultancy fees for non-payment of the parties, the strategic to talk about the case, do not specify the direction for solving problems; pay consulting fees to the parties to talk about the broad outline of the case and pointed out the direction to solve the problem.
12, but not if the parties decided to contract with enough money, will have to deposit them to stay.
13, and a number of major criminal cases in civil and commercial cases, the best interview that the lawyers are the two people.
These are live stage to lawyers and the communication skills of the parties. Also need to remind the majority of lawyers is: there are cases from time to be with. Counsel for the parties and should not be the case without distinction of anything Next, we must consider their own costs and risks in handling cases. Some clients pay a lot, but when you make livestock; Although some cases in favour of, but lawyers may be brought into dangerous social relations. Lawyers in the next stage of living in addition to cherish and strive to signing the source, through the communication between the parties and the choice of screening cases is equally important. As the saying goes: "you are the Pao Budiao, is not for you not to." Lawyers access to natural living, .
Second, the work phase, the parties and is already signed a contract for the parties (clients) to provide specific legal services to the stage. Specific communication skills are as follows:
1, against the surface of the case, the client would like to fully explain the legal risks and lower their unrealistic results of the psychological expectations. My approach is to produce a written informed of the risks of litigation, client signature.
2, whether they are specifically authorized (full) general agent or the general agent, lawyers in action right before the client entities, we must seek the client's permission. For major cases, to obtain written permission.
3, to keep the client on the progress of legal proceedings and must not own more than one week and not the client contact.
4, attention to details and methods of communication. For example, the court informed the court next week, I will edit text messages to tell clients the time and place of trial, if the client did not respond to this message, you need to direct telephone notification. If the client on the phone that did not receive text messages, telephone message after the message again. Because the messages can be retained in the client's phone to facilitate their access. In addition, the day before the trial, the mode of communication to repeat, to prevent the client forgotten, and to inform the court's principal address and the location of the court. If the lawyer is also the first time to, or can be first Caidian clear understanding to others. Similarly, the lawyers received the text message after the client must respond promptly received.
5, the agency work before the end, as far as possible and clients, in particular the cooperation between the first client to maintain a certain distance, not to work and live . And the principal dining out, do not drink.
6, to inform the client received any notice of the court promptly notify their own, often because the client is informed that the court will also notify their lawyers, in fact, the court will only notice one of the parties. Therefore, lawyers should be submitted to the court in his letter of the court, indicated in his power of attorney authorized the contact, including telephone and address Zip code. Some lawyers in the lawsuit or simply in the pleadings of the parties will be linked directly into their mobile phone numbers, is a good note.
7, the agency work after the end of the report can be closed and production of receipt for clients, lawyers can prove that this relationship between the two sides of the agency to terminate the agreement to completion.
8, the major cases or character rather poor client, the qualified lawyer and client can be recorded per call, but must not let clients know, to prepare for the event.
9, to clients in a written document for each (including and fax, e-mail) is marked with their contact information.
10, in court the day before, not only to once again remind clients court time and met with as much as possible or at least call attention to issues of communication on the court, appear to dispel the tension clients, and client communication at the same time, the court countermeasures. My experience tells me this particular communication between the parties can have a favorable impression of lawyers.
11, and meet with clients, in particular, must appear in court when the client than the first.
12, sitting in court and wait for clients to chat, do not talk about the case, perhaps because the other party or each other's agents on around you.
13, signed the trial transcripts, lawyers must look at, but must first signed by the client, lawyers after the signing.
14, try to give evidence on behalf of clients to retain the original.
15, if the client needs from the collection of lawyer fees, contributions to your clients at the best only two of you.
16, and client communication, when all its might in the recording, to avoid Huocongkouchu.
Piecemeal over the collation of these, and the vast majority of lawyers want to share.
(B)
Also seized registered to lawyers, to count himself practising for two years, and do a number of civil cases, lawyers do have some feelings and experiences. One of the most feeling is the law that does not mean that the facts of life.
The so-called legal facts, I will be defined as the courts, through the burden of proof Testimony and other proceedings and was eventually found by the Court of the facts, but also can be understood as the entry into force of the Magistrates Court instruments recorded in fact. The fact is that the law is based on the fact that a magistrate. The fact is that the so-called living historical facts, that is the truth. The reason why the fact that the law does not mean that the facts of life, because the parties believe that as long as the facts of life in Zhanli will win the lawsuit, and the court is based on the legal facts of life rather than facts to the magistrate, the transition to legal facts of life that the bridge is evidence . The lawyers and the courts have an obligation to narrow the gap between the facts and the legal gap between the facts of life, because only the legal facts of life nearly as much as possible the facts, so that lawyers can better safeguard the legitimate rights and interests of clients, the court can do as much as possible To justice, safeguard the authority of the law, to the end, the social harmony. And narrow the legal facts of life and the fact that the gap between the methods of investigation and evidence collection is the work of lawyers and the courts of investigation and evidence collection work.
As a lawyer, I have to do their own can do as far as possible, because the lawyers have the right to investigate and collect evidence on the very limited in this regard than the client can not be strong where the power to. I would like to tell you that the Court itself is far from doing a good job of investigation and evidence collection work. I have contacted the judges are generally too lazy, the parties and lawyers submitted the application for investigation of a judge is often "This is not a civil court in the scope of investigation" on the court was dismissed, and sometimes even the clerks Sentences are not credited to the transcripts.
For example all the facts and the law clearly on the fact that the difference between life and the attitude of the court. John asked his nine colleagues, a total of 10 packets of food to restaurants, San bill after a meal, the rise of individual invoices. After a seafood because they do not cooked, leading to John and another nine colleagues are sick, the cost of medical expenses. So the prosecution to the court, we authority of the court in the fact that the thinking is: Who who advocated the principle of burden of proof, San How do you prove that dining in the restaurant, then John came up with a invoices, the judge also asked the San Colleagues, colleagues said that San guests, only one invoice in the hands of John, our hands no invoices. Results in the restaurant side of the question, the court found that San colleagues can not prove their meals in restaurants. The story does not end here also, the judge asked John how to prove that they eat seafood, how to prove that the seafood unsanitary, San Wu Yu, because invoices did not write Caiming not write more food ingredients and work process. At this time, an invoice has become all the legal facts. I would like to say is: Respected judge adults! Xia Guanzi can not require people to eat restaurants were issued for each invoice, the rise must also state the name and identity card, but also stated Cai Ming, because we the people, including restaurants all life is not so!
This is the law and the fact that the gap between the facts of life, if the court does not understand this phenomenon, or handled properly, will appear completely black and white reversal of the judgement. This is not sensational, I encountered on the real. In fact, as long as the court bailiff sent to the site to check out restaurant menus, and staff to find out (if restaurant opposite the entrance or a monitoring unit, accessible by clicking on the can) and, if necessary, may request the health sector or catering Society to help the working and living Can be turned into facts on the legal facts.
My conclusion is: people usually can not judge finds that the evidence in accordance with the idea of life, just as people can not fall ill the same people are not lawyers, just as people are not as a doctor (Dr. He Kuang and lawyers will be sick, lawsuits ). Relief as a last line of defense in court, should respect the reality of life, lawyers can not collect evidence, take the initiative and active investigation, legal facts of life as much as possible close to the facts.
Examples of these restaurants, I have in a Beijing court in the second trial in a move to enable the judge not to the standard of proof set too harsh and not good at that as long as the sitting judges can look at the documents Duanan, Hope that the court can take the initiative in the lives of ordinary people into the field to investigate and collect evidence and make a fair judgement. Wrote here, I can not think of a word: the unspoken rules. I hope that the rule of law as early as possible to replace the unspoken rules.
(C)
How should the lawyer and client communication problems, talk about their experiences. Lawyer and client communication is divided into two phases: to live and work.
1, and then live stage is that the parties have to find you, hope and understanding of the Advisory court heard how to hire a lawyer, when the two sides have yet to be established agency relations. For the lawyers source does not come easily, and more for the reputation, to have the parties is already not easy to find and should be cherished. Therefore, the lawyers and their clients to communicate this stage the main aim should be to try to keep the parties, contributed to signing that received money from the case. Specific communication skills are as follows:
(A) if the call is advice, suggestions lawyers on the phone to communicate with clients in the case as brief as possible, Qingtingdianshui can, to as much as possible about the parties interviewed, but must be about as far as possible to their clients,. Because if the call after a below, lawyers will not only lose valuable source of the case, but not their own harvest. If the parties can come to, if not signed, the lawyers at least in terms of the following harvest:
1, can give a good impression left parties. In China, must not neglect one side of fate, if you eloquence, and dress properly, it is made to the successful first step. Perhaps this subject will find you do the next case or other cases you also may be introduced.
2, you can give the parties left the business card. The parties may be found through friends or media advertising, business cards left parties can ensure that the future can find you directly.
3, can copy the identity of the party materials and archive materials cases. Lawyers on the phone to communicate when not forget to remind the parties to the interview must Daiqi materials. Leave the material can be avoided in future communication troubles, can also enrich lawyers file to facilitate future studies.
4, or consulting fees. According to his lawyer whether the specific circumstances have received this fee. If the relationship between hardware or references in advance that free advice, the lawyers can first tell the parties in accordance with the provisions should have been at the number of consultancies, and then repeat as Shuishui is introduced, so one hour free consultation, etc., to reflect the legal services Value. My experience is that many clients think they have come since, certainly do not want to Baipaoyitang or simply do not care about their Ersan Bai yuan in consulting fees.
(B) If the parties are requested interviews, the lawyers should note the following points:
1, the first interviews will offer the parties to the Lane. This will allow the parties to feel the atmosphere of lawyers and legal services by the strength, but also facilitate the production of lawyers, copying and access to materials. But if the parties signed a decision, lawyers can immediately the formalities (the development agreement, sealed, invoicing, etc.).
2, the lawyers are to be installed.
3, to ensure that communication not bother. Lawyers received by the parties, preferably in a closed meeting room, so that when the parties are talking about the case and can not speak freely disturb. Lawyer at this time can be transferred into his cell phone vibrating.
4, after the meeting not to talk about the case immediately following the preliminary work to be done: First of all Dishang own business card, and other parties Lazuo after Dishang water, and other parties to absorb a little rest for a while after the first asthma briefed by the law and their own. If the lawyers decide to consulting fees, should inform the parties at this time charges, and clearly the beginning of the consultation (preferably put a table in the table).
5, before the formal talks, the lawyers also asked the parties to the two issues. First, whether the parties had consulted on the case other lawyers » Second, whether the parties had worked with lawyers and the experience »
6, while on the case while Chayanguanse. For lawyers, the economic strength of the parties directly related to the contract and whether the number of legal fees. Therefore, when communication between lawyers and their clients can not be completely stick case, attention should be paid through the conversation in which the parties understand the industry, occupation, work and educational background, income or family assets. Grasp the economic situation of the parties, the lawyers have to combine the case with the parties decided to establish what relationship, is a charge for consultancies » Or can be negotiated agent » Or a legal adviser to talk about business » Bar-On as much as possible at this time to charge more business.
7, if the parties agreed to pay consulting fees, the lawyers to control the good advice of the time. Although less than one hour by one hour charge, but if the whole hour away from too many poor feel that the parties will . My experience is: let the parties to complete its case, and then repeat it again by the Law Society and asked whether the parties added that after the court heard from lawyers about legal analysis. If not enough time to close the whole hour, the lawyers can explain to the parties on a number of legal jargon or some similar cases.
8, if lawyers need to copy information by as much as possible to other people, for, by the law to reflect the quality of service and strength. If you need copies of the identity of the party, they should inform the parties can be personally supervised copying process. If the lawyers because other things need to temporarily leave the while, as far as possible not to let the parties feel lonely, to provide press, but their work will not be allowed to notes or other information on the case left to the parties.
9, lawyers and their clients talk about the case if the lawyers cited the need for the other case, must pay attention to confidentiality, the parties must not let you feel the leakage He client privacy.
10, lawyer and client communication, it is necessary to maximize the use of law were made by the French, not the client's style of the parties.
11, the key is: he is not signed, the case can not be too detailed for in-depth analysis. Consultancy fees for non-payment of the parties, the strategic to talk about the case, do not specify the direction for solving problems; pay consulting fees to the parties to talk about the broad outline of the case and pointed out the direction to solve the problem.
12, but not if the parties decided to contract with enough money, will have to deposit them to stay.
13, and a number of major criminal cases in civil and commercial cases, the best interview that the lawyers are the two people.
These are live stage to lawyers and the communication skills of the parties. Also need to remind the majority of lawyers is: there are cases from time to be with. Counsel for the parties and should not be the case without distinction of anything Next, we must consider their own costs and risks in handling cases. Some clients pay a lot, but when you make livestock; Although some cases in favour of, but lawyers may be brought into dangerous social relations. Lawyers in the next stage of living in addition to cherish and strive to signing the source, through the communication between the parties and the choice of screening cases is equally important. As the saying goes: "you are the Pao Budiao, is not for you not to." Lawyers access to natural living, .
Second, the work phase, the parties and is already signed a contract for the parties (clients) to provide specific legal services to the stage. Specific communication skills are as follows:
1, against the surface of the case, the client would like to fully explain the legal risks and lower their unrealistic results of the psychological expectations. My approach is to produce a written informed of the risks of litigation, client signature.
2, whether they are specifically authorized (full) general agent or the general agent, lawyers in action right before the client entities, we must seek the client's permission. For major cases, to obtain written permission.
3, to keep the client on the progress of legal proceedings and must not own more than one week and not the client contact.
4, attention to details and methods of communication. For example, the court informed the court next week, I will edit text messages to tell clients the time and place of trial, if the client did not respond to this message, you need to direct telephone notification. If the client on the phone that did not receive text messages, telephone message after the message again. Because the messages can be retained in the client's phone to facilitate their access. In addition, the day before the trial, the mode of communication to repeat, to prevent the client forgotten, and to inform the court's principal address and the location of the court. If the lawyer is also the first time to, or can be first Caidian clear understanding to others. Similarly, the lawyers received the text message after the client must respond promptly received.
5, the agency work before the end, as far as possible and clients, in particular the cooperation between the first client to maintain a certain distance, not to work and live . And the principal dining out, do not drink.
6, to inform the client received any notice of the court promptly notify their own, often because the client is informed that the court will also notify their lawyers, in fact, the court will only notice one of the parties. Therefore, lawyers should be submitted to the court in his letter of the court, indicated in his power of attorney authorized the contact, including telephone and address Zip code. Some lawyers in the lawsuit or simply in the pleadings of the parties will be linked directly into their mobile phone numbers, is a good note.
7, the agency work after the end of the report can be closed and production of receipt for clients, lawyers can prove that this relationship between the two sides of the agency to terminate the agreement to completion.
8, the major cases or character rather poor client, the qualified lawyer and client can be recorded per call, but must not let clients know, to prepare for the event.
9, to clients in a written document for each (including and fax, e-mail) is marked with their contact information.
10, in court the day before, not only to once again remind clients court time and met with as much as possible or at least call attention to issues of communication on the court, appear to dispel the tension clients, and client communication at the same time, the court countermeasures. My experience tells me this particular communication between the parties can have a favorable impression of lawyers.
11, and meet with clients, in particular, must appear in court when the client than the first.
12, sitting in court and wait for clients to chat, do not talk about the case, perhaps because the other party or each other's agents on around you.
13, signed the trial transcripts, lawyers must look at, but must first signed by the client, lawyers after the signing.
14, try to give evidence on behalf of clients to retain the original.
15, if the client needs from the collection of lawyer fees, contributions to your clients at the best only two of you.
16, and client communication, when all its might in the recording, to avoid Huocongkouchu.
Piecemeal over the collation of these, and the vast majority of lawyers want to share.
The lawyers are doing
Lawyers are doing the » The lawyer is a lawsuit. When children lose their arms by the helpless eyes watching you, will the hope of life are entrusted to you; stumble for the elderly when the sake of their own innocence and trouble everywhere, everywhere you will run into snags and as life-saving straw, when Wage earners paid a year's toil and sweat, others in the city Goujutousheng, near the customs, even the home of the tolls was also Henxin Bao Gongtou Jingtun, lawyers are the lawsuits. For their own conscience, for the most basic human right!
Lawyers are doing the » Counsel for the "bad guys" to speak of. Who can this society is bad? » First, a group of angry people to a woman who Wuhuadabang to adultery before Jesus, Jesus asked how the immorality of the death of this woman. Jesus said: Do you these people, what the soul is innocent, let her put to death! Results of all the people Mianmianxiangqu, all of Yang Yang to leave. The so-called "bad guys", but because of time into the Lost lamb, in the meantime, they are not Liangnv Nan, Daguanguiren, or by the people of the world's food and clothing have no sympathy for the poor? » Are they born from Niangtai, is the "bad guys"? » They changed the "bad" in the process of how society should the bear the responsibility? » Aizeng lawyers have likes and dislikes, but in humanity's beacon, lawyers, the "bad guys" are human beings, but also rehabilitation of basic rights and dignity. Of a man-made "bad guys" to speak of society, is the real danger of society.
Lawyers are doing the » Lawyers are economic life, business activities in the "mine soldiers." Junbu Jian Zhuang illustrious 1:00 Daegu, have kept their promises of Yu Zuomin? » Jun Buxian powerful, known as the richest man in China? Mu Qizhong » There are around us who are familiar strings of a celebrity, are not Qianhuhouyong Some time ago, the Dragon in the world? » Where they have to do to the » They are "mine"! Modern commercial society, accompanied by fierce competition, there is Xianxianghuansheng the "minefield", if also as social transition period so unscrupulous or , as early as late one day be pieces. And the role of lawyers is that for their own customers for many from the front or open or secret, or hidden or are the "land mines" to enable them to realize their own safety commercial purposes.
Lawyers are doing the » Lawyers are the world economy, "defender." With the WTO approaching, the advent of economic integration in the world, regardless of, race, ethnicity, nationality, culture or skin colour, the global economy have to follow uniform rules of the game, and follow the rules of the game will inevitably need to understand the career! Who can this task Tam » nnon-lawyers. It is difficult to imagine, without a lawyer involved in the WTO What is the scene.
Lawyers are doing the » Lawyers are set in a 1000 Wanjia Chou plight of the modern "Xiake." The fierce social competition and a strong social pressure and sometimes may face the cold-shouldered by indifference or even hostility, misunderstanding and prejudices may face, wrapped in Pianpian Who can understand the charisma, eloquence of the soul? Guku » No wonder some people say that as a lawyer's wife, first of all should have know how to love is the quality. Of course, this is the case for male lawyers.
Lawyers are doing the » Counsel for the "bad guys" to speak of. Who can this society is bad? » First, a group of angry people to a woman who Wuhuadabang to adultery before Jesus, Jesus asked how the immorality of the death of this woman. Jesus said: Do you these people, what the soul is innocent, let her put to death! Results of all the people Mianmianxiangqu, all of Yang Yang to leave. The so-called "bad guys", but because of time into the Lost lamb, in the meantime, they are not Liangnv Nan, Daguanguiren, or by the people of the world's food and clothing have no sympathy for the poor? » Are they born from Niangtai, is the "bad guys"? » They changed the "bad" in the process of how society should the bear the responsibility? » Aizeng lawyers have likes and dislikes, but in humanity's beacon, lawyers, the "bad guys" are human beings, but also rehabilitation of basic rights and dignity. Of a man-made "bad guys" to speak of society, is the real danger of society.
Lawyers are doing the » Lawyers are economic life, business activities in the "mine soldiers." Junbu Jian Zhuang illustrious 1:00 Daegu, have kept their promises of Yu Zuomin? » Jun Buxian powerful, known as the richest man in China? Mu Qizhong » There are around us who are familiar strings of a celebrity, are not Qianhuhouyong Some time ago, the Dragon in the world? » Where they have to do to the » They are "mine"! Modern commercial society, accompanied by fierce competition, there is Xianxianghuansheng the "minefield", if also as social transition period so unscrupulous or , as early as late one day be pieces. And the role of lawyers is that for their own customers for many from the front or open or secret, or hidden or are the "land mines" to enable them to realize their own safety commercial purposes.
Lawyers are doing the » Lawyers are the world economy, "defender." With the WTO approaching, the advent of economic integration in the world, regardless of, race, ethnicity, nationality, culture or skin colour, the global economy have to follow uniform rules of the game, and follow the rules of the game will inevitably need to understand the career! Who can this task Tam » nnon-lawyers. It is difficult to imagine, without a lawyer involved in the WTO What is the scene.
Lawyers are doing the » Lawyers are set in a 1000 Wanjia Chou plight of the modern "Xiake." The fierce social competition and a strong social pressure and sometimes may face the cold-shouldered by indifference or even hostility, misunderstanding and prejudices may face, wrapped in Pianpian Who can understand the charisma, eloquence of the soul? Guku » No wonder some people say that as a lawyer's wife, first of all should have know how to love is the quality. Of course, this is the case for male lawyers.
On the lawyers mediation
◆ involve legal issues, the parties are not the best first step to a lawyer, but should search through the Reply button search, read the relevant legal information. For example, if you are accused of taking bribes, then search for "bribery" and "economic crimes", were seized by the information will definitely help you.
◆ Internet as a virtual world, full of variables, or even false, rational choice is Perspective lawyers eyes wide open to a lawsuit Understanding how the style and level of lawyers, rather than to see who the top (not used the money to buy »), who is content More (not through the network technology is made up of «), who fight under the banner of sound (in essence, is not a small site for individuals, rather than the real" Chinese lawyers network "," Chinese criminal lawyer net "»). Enter the search button with "counsel", "Chinese lawyers" and "well-known lawyer," and "well-known lawyer," "Guangdong lawyers", "Guangzhou lawyers", "criminal lawyer" and "criminal defence lawyers", "real estate lawyer" , "Foreign lawyers", "Law Society Company Law" and other words, it can quickly find a large number of lawyers, but really can not be content with the number, who fight under the banner of the ring, or who the top, who with the leadership, there are celebrities, who is Lvxie members to measure the level of lawyers. Only take the time to infiltration of the Internet range of the lawyers handling the case, the defence to examine the word, the word agent, and other instruments and the verdict, the lawyers can really Gan Wudao style and standard of choice to suit their own lawyers.
◆ Internet as a virtual world, full of variables, or even false, rational choice is Perspective lawyers eyes wide open to a lawsuit Understanding how the style and level of lawyers, rather than to see who the top (not used the money to buy »), who is content More (not through the network technology is made up of «), who fight under the banner of sound (in essence, is not a small site for individuals, rather than the real" Chinese lawyers network "," Chinese criminal lawyer net "»). Enter the search button with "counsel", "Chinese lawyers" and "well-known lawyer," and "well-known lawyer," "Guangdong lawyers", "Guangzhou lawyers", "criminal lawyer" and "criminal defence lawyers", "real estate lawyer" , "Foreign lawyers", "Law Society Company Law" and other words, it can quickly find a large number of lawyers, but really can not be content with the number, who fight under the banner of the ring, or who the top, who with the leadership, there are celebrities, who is Lvxie members to measure the level of lawyers. Only take the time to infiltration of the Internet range of the lawyers handling the case, the defence to examine the word, the word agent, and other instruments and the verdict, the lawyers can really Gan Wudao style and standard of choice to suit their own lawyers.
Free advice is a chronic Bar Poisons
Open networks, search of legal advice, "free" word will come from riding, in the real lawyers are also free to receive the majority. Some judges, prosecutors, notaries public, and some have not graduated from college students, also pulled out a table, free advice on the streets. The consultation process is "the missionary, the 1st, doubts" the process is the so-called lawyers "division".
Advisory business, is a lawyer of the special operations, rather than any person, a little understanding of legal knowledge will be able to answer some of the advice of the parties. The need for a consultant was a high level of practical experience and theoretical and conversation skills.
But the wisdom of the advice has been very high, as has been free of the face. Free advice and there are all sorts of shortcomings.
Free advice for "the advice is to" the idea of a trend. Thus pushing the parties to deal with a lot of performances advisory skills, "the advisory when not all of the cases say the operation, they talk about legal relations" and "End advisory, not more of the parties to understand, but let him feel that in addition to lawyers, their No operation "" free consultation process is induced by the Law Society of the parties to litigation process. " It is this free extracted only to the lawyers of various skills. These skills do not need this lawsuit but the cases, lawyers pick-term appeal, fuss, or even fabricated, so that the cost of upgrading the various legal. The lawyers for the parties but that was after the "deceit" and was "kidnapped" the matter, and even the parties in retaliation for extreme events.
Advisory there are so few cases, according to Lei Navy lawyer said "the general counsel of the advisory cases were divided into mature and immature cases. Ripe case must be a lawyer, is not a question please do not request, but only lawyers which it is requested. Immature cases, it is only ask, with a psychological understand. "But we Looking at the mine Navy lawyers," lawyers for the parties to the advisory "a text, did not find how the" immature Advisory case "approach. In fact, this is also the lawyer inside the subconscious self-evident, that is, "You did not pay consulting fees, you will not be commissioned in future cases, I also waste time with you Xialiao What does" As a result, these parties Be "cold after the first heat," the way "streaming" out of. Let the parties to be diverted, the brain will always be the bowl of Jiang Hu, give rise to dissatisfaction with the Law Society as a whole. As if we are all full of Tongxiu. Evaluation of the community as a whole decreased.
Lawyers in cases of premature Advisory There are, however, so in several ways, or muddle through a few of the link, or simply ignored. Clients across a number of lawyers to no avail. Other sources scarce in the hands of lawyers, had to use the streets Suangua the usual principles of the newspaper "fierce", using the ignorance of the parties to intimidate the parties, not lawsuits by lawyers, did not enter the proceedings, the consequences would be unthinkable, and so on. Li Zongwu or use the "Houhei school," "act of Myoho" fill the pot, first knockout rotten to the pot and fill their own, first using his command of the ignorance of the parties engage in trivial matters intensified, and engage in major events, and then Lawsuits.
Treat cases of mature advice. Some lawyers take their first success of the case do boast some Paixiong legs guarantee a win, some lawyers show their relationship with a certain implied, while others are low-cost to attract customers, but few Some lawyers are through their own programmes to fight for legal cases mature customer. The fundamental reason for the adverse consequences or free advice. Members are free consultation, the parties over a given maturity on the programme, then to a few more by the parties, asked more than a few lawyers, the parties have become experts in their own cases, the advice has become a "training." You better training of the parties, their lawyers will no cases. In the reality of helplessness, we can only do lawyers, the conditions of competition, the real talented lawyers do not show a lot of capacity out.
So mine Navy lawyer with emotion on this issue "in China's reality, lawyers facing such a predicament, optical advice, not by their own customers Baimang. If the advisory fees, consulting or even at all, the natural commissioned Fewer customers. "
Now we look at a party. Nobody Xiangna money advice, lawyers seem to be born on the conduct of free services, or to make irresponsible remarks. Some people use the lawyer is free of this so-called "custom" to take advantage of the wisdom of lawyers. Advisory everywhere, holding the view that lawyers and other lawyers debate, and then engage themselves on their own to understand the proceedings, but many cases the phenomenon is that a lot of parties running by and asked a lot of lawyers, is still a fog Water, a lawyer known only from the external things or who commissioned the judge, rather than see the number of legal options selected the best. - Party travel and waste a lot of time on. Energy and other losses can not say more.
The free advice and counsel under the platform of the game between the parties, never a winner, in addition to the factors in the case Doo-yong morale. Zhanxiaopianyi parties in an attempt to free the wisdom of squeezing lawyers, and lawyers did not show any cost but only its own past glory and then the skills competition, his legal talents are not the real show. The legal profession "crook" most of that dust on the city. Let the whole industry gradually shrinking. Free advice of the legal profession to become chronic poison.
In turn, we will assume that, if the whole industry are consulting fees, then we see what will happen:
Lawyers, lawyers will be parties to respect the knowledge and wisdom of their own labor and monetary recognition. It was all because of money, the case is not mature mentality of the advisory will be able to calm the reception, the parties will be able to let the lawyers have a good assessment of the maturity of the cases the parties making their own legal talent, do not have to worry about their own wisdom to be used and Not return, so that some so-called secret of the old lawyer's lawyer skills will not survive the market. The entire legal profession into the knowledge competition on the common progress of a virtuous circle. The lawyers also do not have to "deceive the parties" and a better evaluation.
The parties, their block to a few hundred or even a few dozen blocks of Xiaoqian can be satisfied with the outcome, will clear their minds of many. Do not have to run many of the road, spend a lot of time and energy, can also be lawyers friendly service. Some of the cases do not need a lawsuit can be a peaceful solution, not to Beware of being "kidnapped" by deception. And consulting fees to lawyers, is bound to produce invoices, you are not afraid of their secret was leaked, do not have to beware, you have the advice and know that you have inside information and evidence in the lawyers at the opponent.
So in this analysis, we can see. Advisory fees is the prerequisite for development of the industry, but also the ordinary people are satisfied with the basis of legal services. Fees are a win-win situation, free of charge, with the losers. The parties and lawyers should actively contributed to the solicitor's fees.
Advisory business, is a lawyer of the special operations, rather than any person, a little understanding of legal knowledge will be able to answer some of the advice of the parties. The need for a consultant was a high level of practical experience and theoretical and conversation skills.
But the wisdom of the advice has been very high, as has been free of the face. Free advice and there are all sorts of shortcomings.
Free advice for "the advice is to" the idea of a trend. Thus pushing the parties to deal with a lot of performances advisory skills, "the advisory when not all of the cases say the operation, they talk about legal relations" and "End advisory, not more of the parties to understand, but let him feel that in addition to lawyers, their No operation "" free consultation process is induced by the Law Society of the parties to litigation process. " It is this free extracted only to the lawyers of various skills. These skills do not need this lawsuit but the cases, lawyers pick-term appeal, fuss, or even fabricated, so that the cost of upgrading the various legal. The lawyers for the parties but that was after the "deceit" and was "kidnapped" the matter, and even the parties in retaliation for extreme events.
Advisory there are so few cases, according to Lei Navy lawyer said "the general counsel of the advisory cases were divided into mature and immature cases. Ripe case must be a lawyer, is not a question please do not request, but only lawyers which it is requested. Immature cases, it is only ask, with a psychological understand. "But we Looking at the mine Navy lawyers," lawyers for the parties to the advisory "a text, did not find how the" immature Advisory case "approach. In fact, this is also the lawyer inside the subconscious self-evident, that is, "You did not pay consulting fees, you will not be commissioned in future cases, I also waste time with you Xialiao What does" As a result, these parties Be "cold after the first heat," the way "streaming" out of. Let the parties to be diverted, the brain will always be the bowl of Jiang Hu, give rise to dissatisfaction with the Law Society as a whole. As if we are all full of Tongxiu. Evaluation of the community as a whole decreased.
Lawyers in cases of premature Advisory There are, however, so in several ways, or muddle through a few of the link, or simply ignored. Clients across a number of lawyers to no avail. Other sources scarce in the hands of lawyers, had to use the streets Suangua the usual principles of the newspaper "fierce", using the ignorance of the parties to intimidate the parties, not lawsuits by lawyers, did not enter the proceedings, the consequences would be unthinkable, and so on. Li Zongwu or use the "Houhei school," "act of Myoho" fill the pot, first knockout rotten to the pot and fill their own, first using his command of the ignorance of the parties engage in trivial matters intensified, and engage in major events, and then Lawsuits.
Treat cases of mature advice. Some lawyers take their first success of the case do boast some Paixiong legs guarantee a win, some lawyers show their relationship with a certain implied, while others are low-cost to attract customers, but few Some lawyers are through their own programmes to fight for legal cases mature customer. The fundamental reason for the adverse consequences or free advice. Members are free consultation, the parties over a given maturity on the programme, then to a few more by the parties, asked more than a few lawyers, the parties have become experts in their own cases, the advice has become a "training." You better training of the parties, their lawyers will no cases. In the reality of helplessness, we can only do lawyers, the conditions of competition, the real talented lawyers do not show a lot of capacity out.
So mine Navy lawyer with emotion on this issue "in China's reality, lawyers facing such a predicament, optical advice, not by their own customers Baimang. If the advisory fees, consulting or even at all, the natural commissioned Fewer customers. "
Now we look at a party. Nobody Xiangna money advice, lawyers seem to be born on the conduct of free services, or to make irresponsible remarks. Some people use the lawyer is free of this so-called "custom" to take advantage of the wisdom of lawyers. Advisory everywhere, holding the view that lawyers and other lawyers debate, and then engage themselves on their own to understand the proceedings, but many cases the phenomenon is that a lot of parties running by and asked a lot of lawyers, is still a fog Water, a lawyer known only from the external things or who commissioned the judge, rather than see the number of legal options selected the best. - Party travel and waste a lot of time on. Energy and other losses can not say more.
The free advice and counsel under the platform of the game between the parties, never a winner, in addition to the factors in the case Doo-yong morale. Zhanxiaopianyi parties in an attempt to free the wisdom of squeezing lawyers, and lawyers did not show any cost but only its own past glory and then the skills competition, his legal talents are not the real show. The legal profession "crook" most of that dust on the city. Let the whole industry gradually shrinking. Free advice of the legal profession to become chronic poison.
In turn, we will assume that, if the whole industry are consulting fees, then we see what will happen:
Lawyers, lawyers will be parties to respect the knowledge and wisdom of their own labor and monetary recognition. It was all because of money, the case is not mature mentality of the advisory will be able to calm the reception, the parties will be able to let the lawyers have a good assessment of the maturity of the cases the parties making their own legal talent, do not have to worry about their own wisdom to be used and Not return, so that some so-called secret of the old lawyer's lawyer skills will not survive the market. The entire legal profession into the knowledge competition on the common progress of a virtuous circle. The lawyers also do not have to "deceive the parties" and a better evaluation.
The parties, their block to a few hundred or even a few dozen blocks of Xiaoqian can be satisfied with the outcome, will clear their minds of many. Do not have to run many of the road, spend a lot of time and energy, can also be lawyers friendly service. Some of the cases do not need a lawsuit can be a peaceful solution, not to Beware of being "kidnapped" by deception. And consulting fees to lawyers, is bound to produce invoices, you are not afraid of their secret was leaked, do not have to beware, you have the advice and know that you have inside information and evidence in the lawyers at the opponent.
So in this analysis, we can see. Advisory fees is the prerequisite for development of the industry, but also the ordinary people are satisfied with the basis of legal services. Fees are a win-win situation, free of charge, with the losers. The parties and lawyers should actively contributed to the solicitor's fees.
Bar Pokoudama migrant workers, it is "extreme"?
Recently, a lawsuit for migrant workers in Chongqing and the well-known lawyer Zhou Litai in his blog wrote an article on Pok Man "has a group of" dog days "of running a" use the word extreme verbal abuse he had helped the migrant workers, accused Taoxin after the success of many migrant workers immediately Kai Liu, completely ignored by legal fees. The lawyers of this Pokoudama cause of netizens proposed, some netizens questioned Guohechaiqiao migrant workers, some netizens believe that even if the migrant workers owed legal fees, the lawyers should not be Pokoutaima, otherwise prejudicial to as "Labor lawyers," the image of . (August 24, "Xinkuai Bao")
Some said "non-payment of legal fees is no different from theft," some say "Zhou lawyers really played up and rely on migrant workers to eat but also scolded migrant workers" - a piece of news, it will undoubtedly lead to "an outcry." Here, I do not ask, "Who is wrong," just want to ask out: Who is the lawyer Zhou Litai pay for the lawyer fees »
"Kaima of migrant workers" is, of course, "Bar-week"'s fault. However, both the general counsel, or "migrant workers counsel", they are to eat, and the lawyer fees of lawyers is the source of livelihood. Some people say that you Zhou Litai since it is "migrant workers counsel" should not be charged the "grass-roots to" the lawyer fees. This, say some unconscionable. From another location, we have in you and I, and no other source of income, the lawyer fees to survive, a charge, and two of charge, and not all charges, it simply "Hexibeifeng" won.
Those migrant workers were owed wages received financial compensation and then "Liuzhidaji" and no longer mention the "legal fees", such neglect credibility, it should be "responsible" and "self-reproach." . Wanted to come closer, this "neglect integrity," somewhat "excusable." Only weeks by lawyers in the blog of the examples cited, each of the farmers will Gongfen down on January 2 million in wages, that is to say, even if the migrant workers in 2004 is the latest in the company of his three-year air After the capsule has received thousands and even million of the money. In other words, his three years of their lives work finally was not enough that some people eat a meal money. As an ancient saying goes, "Canglin is Erzhi courtesy", these migrant workers Bengshui "support the family," and "living" very difficult, Gude Shang will be difficult "to know a courtesy."
"Said the public reasonable, rational woman said: Great," but in any case, lawyer Zhou Litai the lawyer fees should have a landing. Otherwise, this case will have a significant negative impact on the future Who is willing to vulnerable groups lawsuit »
The author notes that there are reports saying that "migrant workers legal fees are additional costs." This, put it quite unreasonable. Originally, the "wage with wages," perfectly justified. First of all, this boss is a "rogue's followers", this company apart from the farmers to repay friends wages, compensation, should be punished accordingly. Furthermore, the lawyer Zhou Litai lawyer fees by the Dongguan Municipal People's Government should be "responsible solution." Perhaps, the Dongguan city government responsible comrades would say, "This is a private economic disputes, with the HE Gan» "Here, I just want to ask," such a long time, the local labor department of labour inspection personnel and their 'Head' to the Gansha »!" Whether they have 10 million reasons for prevarication, at least, these government officials usually ineffective supervision, which, the local government has an unshirkable responsibility. If, far-sighted to the Dongguan Municipal People's Government in the future, "shortage of migrant workers," the plight of the "invincible", they should at least advance the "advance"
Some said "non-payment of legal fees is no different from theft," some say "Zhou lawyers really played up and rely on migrant workers to eat but also scolded migrant workers" - a piece of news, it will undoubtedly lead to "an outcry." Here, I do not ask, "Who is wrong," just want to ask out: Who is the lawyer Zhou Litai pay for the lawyer fees »
"Kaima of migrant workers" is, of course, "Bar-week"'s fault. However, both the general counsel, or "migrant workers counsel", they are to eat, and the lawyer fees of lawyers is the source of livelihood. Some people say that you Zhou Litai since it is "migrant workers counsel" should not be charged the "grass-roots to" the lawyer fees. This, say some unconscionable. From another location, we have in you and I, and no other source of income, the lawyer fees to survive, a charge, and two of charge, and not all charges, it simply "Hexibeifeng" won.
Those migrant workers were owed wages received financial compensation and then "Liuzhidaji" and no longer mention the "legal fees", such neglect credibility, it should be "responsible" and "self-reproach." . Wanted to come closer, this "neglect integrity," somewhat "excusable." Only weeks by lawyers in the blog of the examples cited, each of the farmers will Gongfen down on January 2 million in wages, that is to say, even if the migrant workers in 2004 is the latest in the company of his three-year air After the capsule has received thousands and even million of the money. In other words, his three years of their lives work finally was not enough that some people eat a meal money. As an ancient saying goes, "Canglin is Erzhi courtesy", these migrant workers Bengshui "support the family," and "living" very difficult, Gude Shang will be difficult "to know a courtesy."
"Said the public reasonable, rational woman said: Great," but in any case, lawyer Zhou Litai the lawyer fees should have a landing. Otherwise, this case will have a significant negative impact on the future Who is willing to vulnerable groups lawsuit »
The author notes that there are reports saying that "migrant workers legal fees are additional costs." This, put it quite unreasonable. Originally, the "wage with wages," perfectly justified. First of all, this boss is a "rogue's followers", this company apart from the farmers to repay friends wages, compensation, should be punished accordingly. Furthermore, the lawyer Zhou Litai lawyer fees by the Dongguan Municipal People's Government should be "responsible solution." Perhaps, the Dongguan city government responsible comrades would say, "This is a private economic disputes, with the HE Gan» "Here, I just want to ask," such a long time, the local labor department of labour inspection personnel and their 'Head' to the Gansha »!" Whether they have 10 million reasons for prevarication, at least, these government officials usually ineffective supervision, which, the local government has an unshirkable responsibility. If, far-sighted to the Dongguan Municipal People's Government in the future, "shortage of migrant workers," the plight of the "invincible", they should at least advance the "advance"
"The presence of a lawyer right" must be viable and
Following the 1996 to 1979, "Criminal Procedure" to conduct a comprehensive amendment, after more than 10 years of implementation, "Criminal Procedure Code" has revealed a number of issues. Now, "the Code of Criminal Procedure," the amendment has been included in the 2007 legislative plan of the NPC Standing Committee, of which the most controversial, was questioned in the investigation, "the presence of a lawyer right".
The media widely reported the She Xianglin wronged case stems from extorting confessions by torture. She imprisonment in the 11, only because his wife suddenly returned to renounce grievances. After release, She Xianglin was suffered by their physical and mental pain description said: "I was beaten, corporal punishment, torture, as long as 10 days Yougong 11 nights," "They were divided into several groups of trial I, sleep deprivation, then I see what are the ghost. " This is probably a more extreme case. China's departments in the investigation of the practice, because of over-reliance on the statement, the force, lured the suspects statements have occurred, particularly in difficult to verify certain facts, the evidence it is difficult to determine the types of cases, more so.
Such as bribery case. In recent years, the bribery case before the courts have a regular phenomenon: In the early period under review, for taking bribes facts and circumstances of the confession more stable, more consistent before and after, the transfer's Procuratorate began to appear after estoppel, and access to court proceedings followed by a more And more people Hanyuan reverse the verdict and claimed that the previous statements due to torture. Court adopted the practice or not the letter, or request the relevant information note issued by investigators confirmed that no acts of torture, to exclude judges reasonable doubt.
Written by the parties themselves to prove the existence of negative extorting confessions by torture, then confirm the legitimacy of the accused and the authenticity of statements, this somewhat ridiculous, it is a last resort option. The reason is that "the Code of Criminal Procedure," the investigators provided the suspect's interrogation is difficult to supervise the disadvantages of not knowing the outside world, their own lack of convincing proof, with the result that two-way hurt: the criminal suspects, If torture really be subject to grievance, but if there is no obvious injury or wound has healed, it is difficult to deny the legitimacy of false statements, only Hanyuan imprisonment; questioning the implementation of the investigators, in case of dispute People often tend to authorized torture and other violations exist, then it is difficult for them to self-clean, the image of the investigating authorities is not a small injury.
Therefore, law experts generally think that in order to put an end to torture in criminal proceedings in question, we must introduce a "right to a lawyer present." Must be clear, officers questioned in the investigation, the presence of a lawyer is not only the right to counsel, even criminal suspects of their rights. Because criminal proceedings in criminal suspects in a weak position in its lawyers to be questioned in a scene so that "the state respects and safeguards human rights" and "defend the accused was" implement the constitutional rights.
Provisions of this right, of course, the current investigation will bring the work of the department no small challenge, so the investigation department took a different view. They believe that the investigation work of the interrogation of criminal suspects is still quite dependent, worried that provisions of the presence of a lawyer, criminal suspects may be emboldened, and refused to provide circumstances of the case, many cases of the investigation work will be greatly affected. Another police issue, a matter of time (to be provided within 24 hours of interrogation difficult arrangements), the lack of adequate resources lawyers, and so on. These are the real problem exists objectively, law experts who pop a compromise choice that the limit on some major problems in the case, given the right to a lawyer present more realistic.
"The presence of a lawyer the right to" challenge, not only is the investigation department, in the protection of individual rights has long been the prevailing shortage. If there is no equal protection for all, any of us could in life and become excluded from that part. China's criminal policies of the past "Buwang if not," the guidelines, in fact, this is an ideal state, in practice not possible to fully realized. In fact, evidence must be "really, fully," the request, should be "vertical Bu Wang Ning." For each object was the investigation, "the presence of a lawyer right" means that the constitutional rights of individuals can truly implemented, then the She Xianglin, it means that all the freedom, future and hope. Compared with other legal interests, the protection of human rights should be given priority consideration. From the above sense, not only the investigation department, "conditions are not ripe" for difficult foothold, it is also not tenable compromise choice, because it "citizens are equal before the law" directly contravene the provisions of the Constitution.
I think that, in accordance with the "Constitution" and the relevant provisions of China's criminal investigation of the objective situation, "the Code of Criminal Procedure," the amendment can consider the following: investigators at the first interrogation of the suspect, or to take coercive measures, should be informed Criminal suspects the right to hire a lawyer to provide legal advice, complaints against agents, criminal suspects in the subsequent questioning of the right to request the presence of their defence lawyers. Crime suspects who requested the presence of his defence lawyers, investigators should be suspended questioning, timely notice of their defence lawyers arrived at the scene. For failure to inform or notify the suspect's lawyer arrived at the scene, resulting in the presence of the defence lawyers failed, interrogation transcripts invalid. Investigators should be informed of the formation of written transcripts, and the signature Fujuan criminal suspects. This provides not only highlights the "presence of a lawyer right" and take care of the investigation department first time questioning the objective situation of urgency, it should be feasible.
The media widely reported the She Xianglin wronged case stems from extorting confessions by torture. She imprisonment in the 11, only because his wife suddenly returned to renounce grievances. After release, She Xianglin was suffered by their physical and mental pain description said: "I was beaten, corporal punishment, torture, as long as 10 days Yougong 11 nights," "They were divided into several groups of trial I, sleep deprivation, then I see what are the ghost. " This is probably a more extreme case. China's departments in the investigation of the practice, because of over-reliance on the statement, the force, lured the suspects statements have occurred, particularly in difficult to verify certain facts, the evidence it is difficult to determine the types of cases, more so.
Such as bribery case. In recent years, the bribery case before the courts have a regular phenomenon: In the early period under review, for taking bribes facts and circumstances of the confession more stable, more consistent before and after, the transfer's Procuratorate began to appear after estoppel, and access to court proceedings followed by a more And more people Hanyuan reverse the verdict and claimed that the previous statements due to torture. Court adopted the practice or not the letter, or request the relevant information note issued by investigators confirmed that no acts of torture, to exclude judges reasonable doubt.
Written by the parties themselves to prove the existence of negative extorting confessions by torture, then confirm the legitimacy of the accused and the authenticity of statements, this somewhat ridiculous, it is a last resort option. The reason is that "the Code of Criminal Procedure," the investigators provided the suspect's interrogation is difficult to supervise the disadvantages of not knowing the outside world, their own lack of convincing proof, with the result that two-way hurt: the criminal suspects, If torture really be subject to grievance, but if there is no obvious injury or wound has healed, it is difficult to deny the legitimacy of false statements, only Hanyuan imprisonment; questioning the implementation of the investigators, in case of dispute People often tend to authorized torture and other violations exist, then it is difficult for them to self-clean, the image of the investigating authorities is not a small injury.
Therefore, law experts generally think that in order to put an end to torture in criminal proceedings in question, we must introduce a "right to a lawyer present." Must be clear, officers questioned in the investigation, the presence of a lawyer is not only the right to counsel, even criminal suspects of their rights. Because criminal proceedings in criminal suspects in a weak position in its lawyers to be questioned in a scene so that "the state respects and safeguards human rights" and "defend the accused was" implement the constitutional rights.
Provisions of this right, of course, the current investigation will bring the work of the department no small challenge, so the investigation department took a different view. They believe that the investigation work of the interrogation of criminal suspects is still quite dependent, worried that provisions of the presence of a lawyer, criminal suspects may be emboldened, and refused to provide circumstances of the case, many cases of the investigation work will be greatly affected. Another police issue, a matter of time (to be provided within 24 hours of interrogation difficult arrangements), the lack of adequate resources lawyers, and so on. These are the real problem exists objectively, law experts who pop a compromise choice that the limit on some major problems in the case, given the right to a lawyer present more realistic.
"The presence of a lawyer the right to" challenge, not only is the investigation department, in the protection of individual rights has long been the prevailing shortage. If there is no equal protection for all, any of us could in life and become excluded from that part. China's criminal policies of the past "Buwang if not," the guidelines, in fact, this is an ideal state, in practice not possible to fully realized. In fact, evidence must be "really, fully," the request, should be "vertical Bu Wang Ning." For each object was the investigation, "the presence of a lawyer right" means that the constitutional rights of individuals can truly implemented, then the She Xianglin, it means that all the freedom, future and hope. Compared with other legal interests, the protection of human rights should be given priority consideration. From the above sense, not only the investigation department, "conditions are not ripe" for difficult foothold, it is also not tenable compromise choice, because it "citizens are equal before the law" directly contravene the provisions of the Constitution.
I think that, in accordance with the "Constitution" and the relevant provisions of China's criminal investigation of the objective situation, "the Code of Criminal Procedure," the amendment can consider the following: investigators at the first interrogation of the suspect, or to take coercive measures, should be informed Criminal suspects the right to hire a lawyer to provide legal advice, complaints against agents, criminal suspects in the subsequent questioning of the right to request the presence of their defence lawyers. Crime suspects who requested the presence of his defence lawyers, investigators should be suspended questioning, timely notice of their defence lawyers arrived at the scene. For failure to inform or notify the suspect's lawyer arrived at the scene, resulting in the presence of the defence lawyers failed, interrogation transcripts invalid. Investigators should be informed of the formation of written transcripts, and the signature Fujuan criminal suspects. This provides not only highlights the "presence of a lawyer right" and take care of the investigation department first time questioning the objective situation of urgency, it should be feasible.
"The presence of a lawyer right" must be viable and
Following the 1996 to 1979, "Criminal Procedure" to conduct a comprehensive amendment, after more than 10 years of implementation, "Criminal Procedure Code" has revealed a number of issues. Now, "the Code of Criminal Procedure," the amendment has been included in the 2007 legislative plan of the NPC Standing Committee, of which the most controversial, was questioned in the investigation, "the presence of a lawyer right".
The media widely reported the She Xianglin wronged case stems from extorting confessions by torture. She imprisonment in the 11, only because his wife suddenly returned to renounce grievances. After release, She Xianglin was suffered by their physical and mental pain description said: "I was beaten, corporal punishment, torture, as long as 10 days Yougong 11 nights," "They were divided into several groups of trial I, sleep deprivation, then I see what are the ghost. " This is probably a more extreme case. China's departments in the investigation of the practice, because of over-reliance on the statement, the force, lured the suspects statements have occurred, particularly in difficult to verify certain facts, the evidence it is difficult to determine the types of cases, more so.
Such as bribery case. In recent years, the bribery case before the courts have a regular phenomenon: In the early period under review, for taking bribes facts and circumstances of the confession more stable, more consistent before and after, the transfer's Procuratorate began to appear after estoppel, and access to court proceedings followed by a more And more people Hanyuan reverse the verdict and claimed that the previous statements due to torture. Court adopted the practice or not the letter, or request the relevant information note issued by investigators confirmed that no acts of torture, to exclude judges reasonable doubt.
Written by the parties themselves to prove the existence of negative extorting confessions by torture, then confirm the legitimacy of the accused and the authenticity of statements, this somewhat ridiculous, it is a last resort option. The reason is that "the Code of Criminal Procedure," the investigators provided the suspect's interrogation is difficult to supervise the disadvantages of not knowing the outside world, their own lack of convincing proof, with the result that two-way hurt: the criminal suspects, If torture really be subject to grievance, but if there is no obvious injury or wound has healed, it is difficult to deny the legitimacy of false statements, only Hanyuan imprisonment; questioning the implementation of the investigators, in case of dispute People often tend to authorized torture and other violations exist, then it is difficult for them to self-clean, the image of the investigating authorities is not a small injury.
Therefore, law experts generally think that in order to put an end to torture in criminal proceedings in question, we must introduce a "right to a lawyer present." Must be clear, officers questioned in the investigation, the presence of a lawyer is not only the right to counsel, even criminal suspects of their rights. Because criminal proceedings in criminal suspects in a weak position in its lawyers to be questioned in a scene so that "the state respects and safeguards human rights" and "defend the accused was" implement the constitutional rights.
Provisions of this right, of course, the current investigation will bring the work of the department no small challenge, so the investigation department took a different view. They believe that the investigation work of the interrogation of criminal suspects is still quite dependent, worried that provisions of the presence of a lawyer, criminal suspects may be emboldened, and refused to provide circumstances of the case, many cases of the investigation work will be greatly affected. Another police issue, a matter of time (to be provided within 24 hours of interrogation difficult arrangements), the lack of adequate resources lawyers, and so on. These are the real problem exists objectively, law experts who pop a compromise choice that the limit on some major problems in the case, given the right to a lawyer present more realistic.
"The presence of a lawyer the right to" challenge, not only is the investigation department, in the protection of individual rights has long been the prevailing shortage. If there is no equal protection for all, any of us could in life and become excluded from that part. China's criminal policies of the past "Buwang if not," the guidelines, in fact, this is an ideal state, in practice not possible to fully realized. In fact, evidence must be "really, fully," the request, should be "vertical Bu Wang Ning." For each object was the investigation, "the presence of a lawyer right" means that the constitutional rights of individuals can truly implemented, then the She Xianglin, it means that all the freedom, future and hope. Compared with other legal interests, the protection of human rights should be given priority consideration. From the above sense, not only the investigation department, "conditions are not ripe" for difficult foothold, it is also not tenable compromise choice, because it "citizens are equal before the law" directly contravene the provisions of the Constitution.
I think that, in accordance with the "Constitution" and the relevant provisions of China's criminal investigation of the objective situation, "the Code of Criminal Procedure," the amendment can consider the following: investigators at the first interrogation of the suspect, or to take coercive measures, should be informed Criminal suspects the right to hire a lawyer to provide legal advice, complaints against agents, criminal suspects in the subsequent questioning of the right to request the presence of their defence lawyers. Crime suspects who requested the presence of his defence lawyers, investigators should be suspended questioning, timely notice of their defence lawyers arrived at the scene. For failure to inform or notify the suspect's lawyer arrived at the scene, resulting in the presence of the defence lawyers failed, interrogation transcripts invalid. Investigators should be informed of the formation of written transcripts, and the signature Fujuan criminal suspects. This provides not only highlights the "presence of a lawyer right" and take care of the investigation department first time questioning the objective situation of urgency, it should be feasible.
The media widely reported the She Xianglin wronged case stems from extorting confessions by torture. She imprisonment in the 11, only because his wife suddenly returned to renounce grievances. After release, She Xianglin was suffered by their physical and mental pain description said: "I was beaten, corporal punishment, torture, as long as 10 days Yougong 11 nights," "They were divided into several groups of trial I, sleep deprivation, then I see what are the ghost. " This is probably a more extreme case. China's departments in the investigation of the practice, because of over-reliance on the statement, the force, lured the suspects statements have occurred, particularly in difficult to verify certain facts, the evidence it is difficult to determine the types of cases, more so.
Such as bribery case. In recent years, the bribery case before the courts have a regular phenomenon: In the early period under review, for taking bribes facts and circumstances of the confession more stable, more consistent before and after, the transfer's Procuratorate began to appear after estoppel, and access to court proceedings followed by a more And more people Hanyuan reverse the verdict and claimed that the previous statements due to torture. Court adopted the practice or not the letter, or request the relevant information note issued by investigators confirmed that no acts of torture, to exclude judges reasonable doubt.
Written by the parties themselves to prove the existence of negative extorting confessions by torture, then confirm the legitimacy of the accused and the authenticity of statements, this somewhat ridiculous, it is a last resort option. The reason is that "the Code of Criminal Procedure," the investigators provided the suspect's interrogation is difficult to supervise the disadvantages of not knowing the outside world, their own lack of convincing proof, with the result that two-way hurt: the criminal suspects, If torture really be subject to grievance, but if there is no obvious injury or wound has healed, it is difficult to deny the legitimacy of false statements, only Hanyuan imprisonment; questioning the implementation of the investigators, in case of dispute People often tend to authorized torture and other violations exist, then it is difficult for them to self-clean, the image of the investigating authorities is not a small injury.
Therefore, law experts generally think that in order to put an end to torture in criminal proceedings in question, we must introduce a "right to a lawyer present." Must be clear, officers questioned in the investigation, the presence of a lawyer is not only the right to counsel, even criminal suspects of their rights. Because criminal proceedings in criminal suspects in a weak position in its lawyers to be questioned in a scene so that "the state respects and safeguards human rights" and "defend the accused was" implement the constitutional rights.
Provisions of this right, of course, the current investigation will bring the work of the department no small challenge, so the investigation department took a different view. They believe that the investigation work of the interrogation of criminal suspects is still quite dependent, worried that provisions of the presence of a lawyer, criminal suspects may be emboldened, and refused to provide circumstances of the case, many cases of the investigation work will be greatly affected. Another police issue, a matter of time (to be provided within 24 hours of interrogation difficult arrangements), the lack of adequate resources lawyers, and so on. These are the real problem exists objectively, law experts who pop a compromise choice that the limit on some major problems in the case, given the right to a lawyer present more realistic.
"The presence of a lawyer the right to" challenge, not only is the investigation department, in the protection of individual rights has long been the prevailing shortage. If there is no equal protection for all, any of us could in life and become excluded from that part. China's criminal policies of the past "Buwang if not," the guidelines, in fact, this is an ideal state, in practice not possible to fully realized. In fact, evidence must be "really, fully," the request, should be "vertical Bu Wang Ning." For each object was the investigation, "the presence of a lawyer right" means that the constitutional rights of individuals can truly implemented, then the She Xianglin, it means that all the freedom, future and hope. Compared with other legal interests, the protection of human rights should be given priority consideration. From the above sense, not only the investigation department, "conditions are not ripe" for difficult foothold, it is also not tenable compromise choice, because it "citizens are equal before the law" directly contravene the provisions of the Constitution.
I think that, in accordance with the "Constitution" and the relevant provisions of China's criminal investigation of the objective situation, "the Code of Criminal Procedure," the amendment can consider the following: investigators at the first interrogation of the suspect, or to take coercive measures, should be informed Criminal suspects the right to hire a lawyer to provide legal advice, complaints against agents, criminal suspects in the subsequent questioning of the right to request the presence of their defence lawyers. Crime suspects who requested the presence of his defence lawyers, investigators should be suspended questioning, timely notice of their defence lawyers arrived at the scene. For failure to inform or notify the suspect's lawyer arrived at the scene, resulting in the presence of the defence lawyers failed, interrogation transcripts invalid. Investigators should be informed of the formation of written transcripts, and the signature Fujuan criminal suspects. This provides not only highlights the "presence of a lawyer right" and take care of the investigation department first time questioning the objective situation of urgency, it should be feasible.
"The presence of a lawyer right" must be viable and
Following the 1996 to 1979, "Criminal Procedure" to conduct a comprehensive amendment, after more than 10 years of implementation, "Criminal Procedure Code" has revealed a number of issues. Now, "the Code of Criminal Procedure," the amendment has been included in the 2007 legislative plan of the NPC Standing Committee, of which the most controversial, was questioned in the investigation, "the presence of a lawyer right".
The media widely reported the She Xianglin wronged case stems from extorting confessions by torture. She imprisonment in the 11, only because his wife suddenly returned to renounce grievances. After release, She Xianglin was suffered by their physical and mental pain description said: "I was beaten, corporal punishment, torture, as long as 10 days Yougong 11 nights," "They were divided into several groups of trial I, sleep deprivation, then I see what are the ghost. " This is probably a more extreme case. China's departments in the investigation of the practice, because of over-reliance on the statement, the force, lured the suspects statements have occurred, particularly in difficult to verify certain facts, the evidence it is difficult to determine the types of cases, more so.
Such as bribery case. In recent years, the bribery case before the courts have a regular phenomenon: In the early period under review, for taking bribes facts and circumstances of the confession more stable, more consistent before and after, the transfer's Procuratorate began to appear after estoppel, and access to court proceedings followed by a more And more people Hanyuan reverse the verdict and claimed that the previous statements due to torture. Court adopted the practice or not the letter, or request the relevant information note issued by investigators confirmed that no acts of torture, to exclude judges reasonable doubt.
Written by the parties themselves to prove the existence of negative extorting confessions by torture, then confirm the legitimacy of the accused and the authenticity of statements, this somewhat ridiculous, it is a last resort option. The reason is that "the Code of Criminal Procedure," the investigators provided the suspect's interrogation is difficult to supervise the disadvantages of not knowing the outside world, their own lack of convincing proof, with the result that two-way hurt: the criminal suspects, If torture really be subject to grievance, but if there is no obvious injury or wound has healed, it is difficult to deny the legitimacy of false statements, only Hanyuan imprisonment; questioning the implementation of the investigators, in case of dispute People often tend to authorized torture and other violations exist, then it is difficult for them to self-clean, the image of the investigating authorities is not a small injury.
Therefore, law experts generally think that in order to put an end to torture in criminal proceedings in question, we must introduce a "right to a lawyer present." Must be clear, officers questioned in the investigation, the presence of a lawyer is not only the right to counsel, even criminal suspects of their rights. Because criminal proceedings in criminal suspects in a weak position in its lawyers to be questioned in a scene so that "the state respects and safeguards human rights" and "defend the accused was" implement the constitutional rights.
Provisions of this right, of course, the current investigation will bring the work of the department no small challenge, so the investigation department took a different view. They believe that the investigation work of the interrogation of criminal suspects is still quite dependent, worried that provisions of the presence of a lawyer, criminal suspects may be emboldened, and refused to provide circumstances of the case, many cases of the investigation work will be greatly affected. Another police issue, a matter of time (to be provided within 24 hours of interrogation difficult arrangements), the lack of adequate resources lawyers, and so on. These are the real problem exists objectively, law experts who pop a compromise choice that the limit on some major problems in the case, given the right to a lawyer present more realistic.
"The presence of a lawyer the right to" challenge, not only is the investigation department, in the protection of individual rights has long been the prevailing shortage. If there is no equal protection for all, any of us could in life and become excluded from that part. China's criminal policies of the past "Buwang if not," the guidelines, in fact, this is an ideal state, in practice not possible to fully realized. In fact, evidence must be "really, fully," the request, should be "vertical Bu Wang Ning." For each object was the investigation, "the presence of a lawyer right" means that the constitutional rights of individuals can truly implemented, then the She Xianglin, it means that all the freedom, future and hope. Compared with other legal interests, the protection of human rights should be given priority consideration. From the above sense, not only the investigation department, "conditions are not ripe" for difficult foothold, it is also not tenable compromise choice, because it "citizens are equal before the law" directly contravene the provisions of the Constitution.
I think that, in accordance with the "Constitution" and the relevant provisions of China's criminal investigation of the objective situation, "the Code of Criminal Procedure," the amendment can consider the following: investigators at the first interrogation of the suspect, or to take coercive measures, should be informed Criminal suspects the right to hire a lawyer to provide legal advice, complaints against agents, criminal suspects in the subsequent questioning of the right to request the presence of their defence lawyers. Crime suspects who requested the presence of his defence lawyers, investigators should be suspended questioning, timely notice of their defence lawyers arrived at the scene. For failure to inform or notify the suspect's lawyer arrived at the scene, resulting in the presence of the defence lawyers failed, interrogation transcripts invalid. Investigators should be informed of the formation of written transcripts, and the signature Fujuan criminal suspects. This provides not only highlights the "presence of a lawyer right" and take care of the investigation department first time questioning the objective situation of urgency, it should be feasible.
The media widely reported the She Xianglin wronged case stems from extorting confessions by torture. She imprisonment in the 11, only because his wife suddenly returned to renounce grievances. After release, She Xianglin was suffered by their physical and mental pain description said: "I was beaten, corporal punishment, torture, as long as 10 days Yougong 11 nights," "They were divided into several groups of trial I, sleep deprivation, then I see what are the ghost. " This is probably a more extreme case. China's departments in the investigation of the practice, because of over-reliance on the statement, the force, lured the suspects statements have occurred, particularly in difficult to verify certain facts, the evidence it is difficult to determine the types of cases, more so.
Such as bribery case. In recent years, the bribery case before the courts have a regular phenomenon: In the early period under review, for taking bribes facts and circumstances of the confession more stable, more consistent before and after, the transfer's Procuratorate began to appear after estoppel, and access to court proceedings followed by a more And more people Hanyuan reverse the verdict and claimed that the previous statements due to torture. Court adopted the practice or not the letter, or request the relevant information note issued by investigators confirmed that no acts of torture, to exclude judges reasonable doubt.
Written by the parties themselves to prove the existence of negative extorting confessions by torture, then confirm the legitimacy of the accused and the authenticity of statements, this somewhat ridiculous, it is a last resort option. The reason is that "the Code of Criminal Procedure," the investigators provided the suspect's interrogation is difficult to supervise the disadvantages of not knowing the outside world, their own lack of convincing proof, with the result that two-way hurt: the criminal suspects, If torture really be subject to grievance, but if there is no obvious injury or wound has healed, it is difficult to deny the legitimacy of false statements, only Hanyuan imprisonment; questioning the implementation of the investigators, in case of dispute People often tend to authorized torture and other violations exist, then it is difficult for them to self-clean, the image of the investigating authorities is not a small injury.
Therefore, law experts generally think that in order to put an end to torture in criminal proceedings in question, we must introduce a "right to a lawyer present." Must be clear, officers questioned in the investigation, the presence of a lawyer is not only the right to counsel, even criminal suspects of their rights. Because criminal proceedings in criminal suspects in a weak position in its lawyers to be questioned in a scene so that "the state respects and safeguards human rights" and "defend the accused was" implement the constitutional rights.
Provisions of this right, of course, the current investigation will bring the work of the department no small challenge, so the investigation department took a different view. They believe that the investigation work of the interrogation of criminal suspects is still quite dependent, worried that provisions of the presence of a lawyer, criminal suspects may be emboldened, and refused to provide circumstances of the case, many cases of the investigation work will be greatly affected. Another police issue, a matter of time (to be provided within 24 hours of interrogation difficult arrangements), the lack of adequate resources lawyers, and so on. These are the real problem exists objectively, law experts who pop a compromise choice that the limit on some major problems in the case, given the right to a lawyer present more realistic.
"The presence of a lawyer the right to" challenge, not only is the investigation department, in the protection of individual rights has long been the prevailing shortage. If there is no equal protection for all, any of us could in life and become excluded from that part. China's criminal policies of the past "Buwang if not," the guidelines, in fact, this is an ideal state, in practice not possible to fully realized. In fact, evidence must be "really, fully," the request, should be "vertical Bu Wang Ning." For each object was the investigation, "the presence of a lawyer right" means that the constitutional rights of individuals can truly implemented, then the She Xianglin, it means that all the freedom, future and hope. Compared with other legal interests, the protection of human rights should be given priority consideration. From the above sense, not only the investigation department, "conditions are not ripe" for difficult foothold, it is also not tenable compromise choice, because it "citizens are equal before the law" directly contravene the provisions of the Constitution.
I think that, in accordance with the "Constitution" and the relevant provisions of China's criminal investigation of the objective situation, "the Code of Criminal Procedure," the amendment can consider the following: investigators at the first interrogation of the suspect, or to take coercive measures, should be informed Criminal suspects the right to hire a lawyer to provide legal advice, complaints against agents, criminal suspects in the subsequent questioning of the right to request the presence of their defence lawyers. Crime suspects who requested the presence of his defence lawyers, investigators should be suspended questioning, timely notice of their defence lawyers arrived at the scene. For failure to inform or notify the suspect's lawyer arrived at the scene, resulting in the presence of the defence lawyers failed, interrogation transcripts invalid. Investigators should be informed of the formation of written transcripts, and the signature Fujuan criminal suspects. This provides not only highlights the "presence of a lawyer right" and take care of the investigation department first time questioning the objective situation of urgency, it should be feasible.
On the survival of lawyers
China is indeed a unique country, China's lawyers indeed a special group. In this country, lawyers often talk about the survival of the lawyers actually in the rapid economic development in China, only lawyers has also talked about the survival of this industry.
Lawyers sell something rather special, legal services. Legal services is not in itself give the consumer interests, it is through the departments of the right to have an impact, so that customers benefit. Since the purpose of legal services that affect the right sectors, the focus is not to your attitude and your service includes a number of wisdom, and the service is that you can not affect the right to an effective department. Practice for many years, I do see some of the Bar of the powerful ability, which is the secret not only Tacit Yan Zhuan. I and many of the first contact with the parties when first asked the parties in general, Ji lawyers, you and the relationship between certain how the court » I win the case? » JI lawyer, you to defend my brother, whether he can cut a few years. A party-line recruitment of lawyers who publicly stated clearly that I find with which the courts or procuratorates relations cooked lawyer, is willing to spend lots of money to. Here is not whether to spend lots of money to look at your service skills and qualities, but you look at the relationship between the department and rights. This is the real service was required.
Is not our party and bad customers. At the moment, our legal environment is like this. A grass-roots courts, their work habits is a morning of a collegial group opened two criminal court, from 9:00 to 11:30, the two Chambers, you Suansuan, a tribunal how long. Lawyers were hastily arranged to say a few words, a lot of things can only be resolved after the Court. The parties before a judge without a concealed contempt for lawyers. End-of-court opened this, watching eagerly to the parties gradually from the cold eyes, you would also like to do? Lawyers »
China's decision to the reality of some lawyers can not survive. Is the survival of lawyers to find ways to survive. Some lawyers even the survival of Mongolia with cheating, begging the survival of some lawyers, some lawyers on their last legs of survival, some lawyers Hujiahuwei the survival, some lawyers clearly sitting on the survival of the volcano. Wuhan Intermediate People's Court and the Shenzhen Intermediate People's Court of the incident related to many lawyers in trouble before is living on the volcano's example.
Our lawyers have been divided for the rich and the poor lawyer lawyers. This is also China's characteristics. Is China's rich and poor law the legal right » I think this division is in itself of Chinese lawyers and the rule of law sadness and shame. China's present annual salary of many millions or even tens of millions of lawyers, of these lawyers to ask yourself, high salaries come from » Of these lawyers to China's legal system and the process is what made a positive contribution to the » By the rich, but is more of a virtual fat only, less than confident after all
China's resumption lawyer system more than 20 years. We will carefully study found that for China to contribute to building the legal system is not rich lawyers, but poor lawyers, as China is today the poor rich contribution to society is far greater than the rich contribution to the community. China is a manufacturing power, the competitiveness of our products a very important factor is the low price and our low cost manpower. Can be said that thousands of workers to support the export of our country, our support of adequate foreign exchange reserves. The so-called rich to the community what is » Beijing engage in a few days, restriction to Single and Double motor vehicles, Beijing's air quality to improve immediately. Motor vehicle air pollution are the creators and owners of motor vehicles is the vast majority of the rich. The wealthy use their property and took away the machines originally belonging to everyone's fresh air and the environment. A rich, each claim to the middle class people should not reflect on it » Yesterday's "Qianjiangwanbao" reported in Zhejiang Yiwu migrant workers can not find work in the streets, we can not see why these people contribution to the community » They leave home, reducing the pressure on the home environment, their living through diligence and thrift, saving the Earth's valuable resources, he unemployed today, yesterday, he also can be for the country's economic growth to make contributions, why do not we treat them »
We still come back poorer lawyers said. China today is like the rich, but we still have a number of poverty-stricken areas and people. A young person interested in the legal profession, you have to let him have a go! Now an average income of Chinese farmers also two to 3,000 yuan, still far below the poverty-stricken areas this figure, the Acting their cases can you how much costs » An underdeveloped region to adhere to the more than 10 years of lawyers, not to bow to power and safeguard the interests of ordinary people, he would rich? » His contributions to the community will be small? » A securities business to do the majority of lawyers will Mitac, but China's securities lawyers credibility . Contributions to the community and how »
We can look at the Chongqing lawyer Zhou Litai lawyers example. A service for migrant workers lawyers, with the lawyers responsible to the workers through legal means to recover the salary for the community to reduce the number of the source of turmoil, the value of money is not measurable, but the lawyer fees of lawyers has Lack of protection. Zhou admitted his own lawyer owes a lot of foreign debt, is truly poor lawyers, the lawyer for the society has done a great contribution to the ah.
I again recalled the practice experience, practice a few years ago was to pay registration fees and social security payments and the curb. What is my personal shame or humiliation Bar » But I think I still contribute to society. Although my livelihood difficulties, but I pay taxes to the state, 10.5 percent, or 500 yuan my lawyer fees, to the State 50 yuan. Gailou countries, road, the staff eat or drink, I have a squandering of coins inside. So, when I went to a Bureau investigation, the Secretary Houzhuo let me out, I replied, "This is the office, is not your private residential, I completed the official did not, you do not have the right time I go." In a legal aid cases, I was a 16-year-old boy defence, I play at their own expense to meet with him to the detention house, car to sit at their own expense. The defence of a child caught in the prison how important it is to ah. Take this money thing I do not regret it. Only hateful, I do not know the legal aid grants Beishui the closure. I am suffering from cancer for a much-needed treatment for women with legal aid, the parties with 1,000 yuan to me, I am determined not to, in order to aid commitments, saying the lawyers can not be changed. Great's Eve, the party in Xian soldier's son to call me Betty, their mind is not the image of lawyers can earn 1,000 yuan of the money. These things are very small, it is not worth showing off, but the building of the rule of law in China is not formed overnight, like the same kinds of crops need a little watering, as students Xuewai Yu as one word to understand that these small case The rule of law is a brick building of a tile, and the number of Chinese lawyers for these small case Danjingjielv. (Small case, more often than big Feigong Fu, they are required skill.)
Look at some of the rich lawyers. Powerful on the court and the government and relations. Won the case, it caused social injustice, the petition continued. This is Toujiang Pai's lawyer, television or film, see such a long lens, a person can not stand the plight of the revolution, mutiny, showed the enemy pursue and kill their past comrades and his comrades in arms, for a Ronghuafugui, Jinyiyushi. This rich you want to? » If the past we have Choufu plot, so now we are facing blind Chongfu of the times. This is not the correct concept of wealth. To see a lawyer lot of money, open a lot of lawyers, the blind worship of . You have to look at, he did what » He is in improving the image of lawyers or ruined the image of lawyers.
I speak for the poor lawyer, is not that lawyers should be poor. As the ultimate goal of socialism is the common prosperity of the people, lawyers as a group should also be well-off. I hope that now the poor lawyers have the courage to face adversity, Tingzhi backbone. U.S. President Lincoln is a great poverty lawyers, he used his courage and the integrity of the motherland lead to the right of the fairway. U.S. President George W. Bush the money, although he is also lawyer, he represented the interests of large U.S. arms dealers and war, the U.S. soldiers caught in the quagmire of war, the United States in the international reputation of sweeping. Who is more worthy of respect » I hope the whole society to respect lawyers, social value of a lawyer should be the moral and business, rather than their hands of the money.
Lawyers sell something rather special, legal services. Legal services is not in itself give the consumer interests, it is through the departments of the right to have an impact, so that customers benefit. Since the purpose of legal services that affect the right sectors, the focus is not to your attitude and your service includes a number of wisdom, and the service is that you can not affect the right to an effective department. Practice for many years, I do see some of the Bar of the powerful ability, which is the secret not only Tacit Yan Zhuan. I and many of the first contact with the parties when first asked the parties in general, Ji lawyers, you and the relationship between certain how the court » I win the case? » JI lawyer, you to defend my brother, whether he can cut a few years. A party-line recruitment of lawyers who publicly stated clearly that I find with which the courts or procuratorates relations cooked lawyer, is willing to spend lots of money to. Here is not whether to spend lots of money to look at your service skills and qualities, but you look at the relationship between the department and rights. This is the real service was required.
Is not our party and bad customers. At the moment, our legal environment is like this. A grass-roots courts, their work habits is a morning of a collegial group opened two criminal court, from 9:00 to 11:30, the two Chambers, you Suansuan, a tribunal how long. Lawyers were hastily arranged to say a few words, a lot of things can only be resolved after the Court. The parties before a judge without a concealed contempt for lawyers. End-of-court opened this, watching eagerly to the parties gradually from the cold eyes, you would also like to do? Lawyers »
China's decision to the reality of some lawyers can not survive. Is the survival of lawyers to find ways to survive. Some lawyers even the survival of Mongolia with cheating, begging the survival of some lawyers, some lawyers on their last legs of survival, some lawyers Hujiahuwei the survival, some lawyers clearly sitting on the survival of the volcano. Wuhan Intermediate People's Court and the Shenzhen Intermediate People's Court of the incident related to many lawyers in trouble before is living on the volcano's example.
Our lawyers have been divided for the rich and the poor lawyer lawyers. This is also China's characteristics. Is China's rich and poor law the legal right » I think this division is in itself of Chinese lawyers and the rule of law sadness and shame. China's present annual salary of many millions or even tens of millions of lawyers, of these lawyers to ask yourself, high salaries come from » Of these lawyers to China's legal system and the process is what made a positive contribution to the » By the rich, but is more of a virtual fat only, less than confident after all
China's resumption lawyer system more than 20 years. We will carefully study found that for China to contribute to building the legal system is not rich lawyers, but poor lawyers, as China is today the poor rich contribution to society is far greater than the rich contribution to the community. China is a manufacturing power, the competitiveness of our products a very important factor is the low price and our low cost manpower. Can be said that thousands of workers to support the export of our country, our support of adequate foreign exchange reserves. The so-called rich to the community what is » Beijing engage in a few days, restriction to Single and Double motor vehicles, Beijing's air quality to improve immediately. Motor vehicle air pollution are the creators and owners of motor vehicles is the vast majority of the rich. The wealthy use their property and took away the machines originally belonging to everyone's fresh air and the environment. A rich, each claim to the middle class people should not reflect on it » Yesterday's "Qianjiangwanbao" reported in Zhejiang Yiwu migrant workers can not find work in the streets, we can not see why these people contribution to the community » They leave home, reducing the pressure on the home environment, their living through diligence and thrift, saving the Earth's valuable resources, he unemployed today, yesterday, he also can be for the country's economic growth to make contributions, why do not we treat them »
We still come back poorer lawyers said. China today is like the rich, but we still have a number of poverty-stricken areas and people. A young person interested in the legal profession, you have to let him have a go! Now an average income of Chinese farmers also two to 3,000 yuan, still far below the poverty-stricken areas this figure, the Acting their cases can you how much costs » An underdeveloped region to adhere to the more than 10 years of lawyers, not to bow to power and safeguard the interests of ordinary people, he would rich? » His contributions to the community will be small? » A securities business to do the majority of lawyers will Mitac, but China's securities lawyers credibility . Contributions to the community and how »
We can look at the Chongqing lawyer Zhou Litai lawyers example. A service for migrant workers lawyers, with the lawyers responsible to the workers through legal means to recover the salary for the community to reduce the number of the source of turmoil, the value of money is not measurable, but the lawyer fees of lawyers has Lack of protection. Zhou admitted his own lawyer owes a lot of foreign debt, is truly poor lawyers, the lawyer for the society has done a great contribution to the ah.
I again recalled the practice experience, practice a few years ago was to pay registration fees and social security payments and the curb. What is my personal shame or humiliation Bar » But I think I still contribute to society. Although my livelihood difficulties, but I pay taxes to the state, 10.5 percent, or 500 yuan my lawyer fees, to the State 50 yuan. Gailou countries, road, the staff eat or drink, I have a squandering of coins inside. So, when I went to a Bureau investigation, the Secretary Houzhuo let me out, I replied, "This is the office, is not your private residential, I completed the official did not, you do not have the right time I go." In a legal aid cases, I was a 16-year-old boy defence, I play at their own expense to meet with him to the detention house, car to sit at their own expense. The defence of a child caught in the prison how important it is to ah. Take this money thing I do not regret it. Only hateful, I do not know the legal aid grants Beishui the closure. I am suffering from cancer for a much-needed treatment for women with legal aid, the parties with 1,000 yuan to me, I am determined not to, in order to aid commitments, saying the lawyers can not be changed. Great's Eve, the party in Xian soldier's son to call me Betty, their mind is not the image of lawyers can earn 1,000 yuan of the money. These things are very small, it is not worth showing off, but the building of the rule of law in China is not formed overnight, like the same kinds of crops need a little watering, as students Xuewai Yu as one word to understand that these small case The rule of law is a brick building of a tile, and the number of Chinese lawyers for these small case Danjingjielv. (Small case, more often than big Feigong Fu, they are required skill.)
Look at some of the rich lawyers. Powerful on the court and the government and relations. Won the case, it caused social injustice, the petition continued. This is Toujiang Pai's lawyer, television or film, see such a long lens, a person can not stand the plight of the revolution, mutiny, showed the enemy pursue and kill their past comrades and his comrades in arms, for a Ronghuafugui, Jinyiyushi. This rich you want to? » If the past we have Choufu plot, so now we are facing blind Chongfu of the times. This is not the correct concept of wealth. To see a lawyer lot of money, open a lot of lawyers, the blind worship of . You have to look at, he did what » He is in improving the image of lawyers or ruined the image of lawyers.
I speak for the poor lawyer, is not that lawyers should be poor. As the ultimate goal of socialism is the common prosperity of the people, lawyers as a group should also be well-off. I hope that now the poor lawyers have the courage to face adversity, Tingzhi backbone. U.S. President Lincoln is a great poverty lawyers, he used his courage and the integrity of the motherland lead to the right of the fairway. U.S. President George W. Bush the money, although he is also lawyer, he represented the interests of large U.S. arms dealers and war, the U.S. soldiers caught in the quagmire of war, the United States in the international reputation of sweeping. Who is more worthy of respect » I hope the whole society to respect lawyers, social value of a lawyer should be the moral and business, rather than their hands of the money.
Why should lawyers bribed judges
Patio Chunjing the last quarter of a Dama met a Fan Xinshi, in the bedroom of their house since the last down a wall of water seepage, seepage is in their own Zuolibuan. Cong Loushang suspected that seepage from the home, they go on to say clearly, but can not be determined is upstairs, so afraid of saying inappropriate, make a mistake, offend people Gaohuai the neighbourhood, is So one thing, how do you say ah » In fact, this really is not that big, but not that small small, in the end how to do » Personal ways, who » One-Lao Yezi.
This is what we look for a mediator to help Dama, Cui Lao Yezi. Why did he find ah » Cui Lao Yezi 2000 after retirement, to be at home for two months time, I feel they are lost, like what shortcomings. Later, a chance to come into contact with the Lao Yezi-law, from the beginning of his career lawyers.
With the Sancun-Lao Yezi of the tongue is not bad, understand the problem of water leakage, are resolved, Dama in the hearts of not blocking the Dehuang. This is what in the end-Lao Yezi Laitou it » Just now he has a lot of simple self-introduction, I would like to clear Gennin Yue said that this is also the Lao Yezi-district residents, his identity is a lawyer, people admire is that he is retired elderly people to become useful after the self-lawyers.
With the expertise of self-confidence to speak, with the perseverance of professional lawyers, finally, access to a lawyer-Lao Yezi vocational qualifications, that year, he has a 58-year-old. Cui Lao Yezi, Choi Bar, listening to reporters so call him, Lao Yezi quickly Baishou: not when, the Bar Our could not really. Cui Laoye Zi's office, in a firm, but one at home. What we have peacetime pettiness between love for him to ask. Is ah, Street in the neighbourhood, what are the big deal? Thing. In this way, under the mediation of-Lao Yezi, I do not know how many of the major contradictions of the small neighbourhood, the small matter of, and Choi Lao Yezi, very pleased.
Cui Lao Yezi really simple, his spirit Feikou She has since not more, of the elderly, for the elderly, so that they can have the old music ah. There is the original-Lao Yezi, I would like here to relate to everyone, he said: a community's residents, not bow to see the rise, drinking water pipes with a yard of water, used to working with an electric pole, Sorption yard with a garden of the air, and this is fate. Solutions to accuser, a rare fate. That what is inextricably lump it. This, the Kenya Laoye Zi said, we also pondering a little taste of the past, the Neighbourhood and neighbourhood relations Let's everyone must face the very important one of interpersonal relationships, dealing with them well, to make the home is happy ah.
This is what we look for a mediator to help Dama, Cui Lao Yezi. Why did he find ah » Cui Lao Yezi 2000 after retirement, to be at home for two months time, I feel they are lost, like what shortcomings. Later, a chance to come into contact with the Lao Yezi-law, from the beginning of his career lawyers.
With the Sancun-Lao Yezi of the tongue is not bad, understand the problem of water leakage, are resolved, Dama in the hearts of not blocking the Dehuang. This is what in the end-Lao Yezi Laitou it » Just now he has a lot of simple self-introduction, I would like to clear Gennin Yue said that this is also the Lao Yezi-district residents, his identity is a lawyer, people admire is that he is retired elderly people to become useful after the self-lawyers.
With the expertise of self-confidence to speak, with the perseverance of professional lawyers, finally, access to a lawyer-Lao Yezi vocational qualifications, that year, he has a 58-year-old. Cui Lao Yezi, Choi Bar, listening to reporters so call him, Lao Yezi quickly Baishou: not when, the Bar Our could not really. Cui Laoye Zi's office, in a firm, but one at home. What we have peacetime pettiness between love for him to ask. Is ah, Street in the neighbourhood, what are the big deal? Thing. In this way, under the mediation of-Lao Yezi, I do not know how many of the major contradictions of the small neighbourhood, the small matter of, and Choi Lao Yezi, very pleased.
Cui Lao Yezi really simple, his spirit Feikou She has since not more, of the elderly, for the elderly, so that they can have the old music ah. There is the original-Lao Yezi, I would like here to relate to everyone, he said: a community's residents, not bow to see the rise, drinking water pipes with a yard of water, used to working with an electric pole, Sorption yard with a garden of the air, and this is fate. Solutions to accuser, a rare fate. That what is inextricably lump it. This, the Kenya Laoye Zi said, we also pondering a little taste of the past, the Neighbourhood and neighbourhood relations Let's everyone must face the very important one of interpersonal relationships, dealing with them well, to make the home is happy ah.
Young Lawyers: how to drum up our pockets - from the norms, access, skills perspective
I. INTRODUCTION
This is my self-induced rather than a vulgar popular topic, such that the reason is undoubtedly because this topic is very close to most lawyers, especially young lawyers the true inner thoughts. Although their First role this time, perhaps based on the "delivery of justice" such as the original motivation, but when the survival of justice often encountered Zuonong, when wealth and justice quietly perform some kind of causal link with the time, lawyers will often Coincidentally from pondering the same question: how to drum up our pockets »
To avoid misunderstanding or misinterpretation, it is in need of special note, I do not appreciate any kind of mercenary, going beyond the norms to predatory lawyers, but I also do not appreciate those hungry to defend justice, or justice is not good at being good at Harvest the price of lawyers. Ask ourselves, if we do not intend to hide the real lawyers hearts desire, it is necessary in the pursuit of justice under the large, Liao Yiliao on "business development" like whispering. Perhaps, call a spade a spade, will help lawyers more clearly understand the value of the lawyer's professional and vocational orientation.
Second, norms: in a proper way and take the "missing" Road
"In a proper way", and is related to the gentleman.
Confucius said: "The money and status, this is everyone's desire, but if it is not the way to-Road access, is not admitted by the gentleman." Is the so-called "gentlemen's love money, in a proper way." Confucius said the gentleman, I mean both "not worried", "Buhuo" and "fear" of chemical, National Cheng Kung University vernacular translation, in fact, that is, those inner forthright, good debate right and wrong, brave and fearless person. As such a standard, it is clear that lawyers in the group conditions of each individual has become a gentleman. Of course, a gentleman and a conditional willingness to become a gentleman, and can become a gentleman are totally different issues.
Lawyer in a large number of gentlemen, but can not say that there is no villain. Love-in on this point, the gentleman and the villain is no difference, the difference is that the admission of the two-way, the ethical level, but there are quite different. Gentleman from Choi, had a moral to Guinie, depending on the tenets of law, gingerly, Zhanqianguhou, not the Leichi half step. Although it looks like legs woman, but always abide by the "UNIFEM Road." By contrast, the villain of the Road have to take fiscal Biaohan much, they can not say what the rules, their behavior is usually idea of "just results, not of means," Therefore, no matter big or small Choi Choi, No matter when or ill-gotten gains from windfall, regardless of the consequences to-take-all, as to whether Chi Xiaqu had to digest, it is irrelevant things.
It is evident from this, the moral, and the villain of the gentleman from the fiscal Road do the points, pros and cons of difference. It is possible insight to this point, the administration of justice would have taken the trouble to the authorities to regulate lawyers, their intention is nothing but remind the gentleman's lawyers should be the same as that of a gentle, earnings from the moral, not to forget.
The gentleman from the Finance, in addition to stress the "moral", also speaking at the "Road Law."
The so-called Road, straightforward point, it is for the fiscal means and methods. On this level, the gentleman in order to uphold our ancestors passed down patterns of behaviour, with patience indisputable, I do not moving hands, the exception of grace, which inevitably have to eat losses. To lawyers industry as an example: We all know that most lawyers sector is a lack of Qian Yi of the industry, but also a highly competitive industry, with disdain, "Wangpomaigua, traders puff" is our common scene this line. Unfortunately, quite a number of parties is also customary to accept such a style. Thus, in such a spittle flying career circle, in such a rapidly changing playing field, opportunities often Shaozongjishi. Want to retain reserved, the humility of Zizhi Dao-jun, would be defeated since the RUF. I am known as "pro-Ya" Abnormal, although not claim gentleman, but also likes to follow suit by the gentleman, therefore, in this context there will be a lot of lessons learned: In the past, people often say that I am "too low-key life "Initially, I also feel that other people in my boast, but only slowly realize one of the unspoken words - life can not be Taiqing high. In fact, others in laughing at me.
Tongdingsitong, I would like to clear some truth: In modern society, some of the gentlemen's Road, is not suitable for the professional lawyers. This forced the gentleman who is to be done, successful lawyers to do the people need to advance with the times, we should feel a moral gentleman, but also improved the gentleman Road Act.
In short, the lack of a moral Road, is dangerous Road; lack of a moral, law, the moral is inaction.
Second, expanding: Shouzhudaitu and Shou of "finding" rabbits
Shouzhudaitu related to the story, in the lawyer's practice in activities to find new interpretations.
First role of such a line of young lawyers, Let us call him Alang, the young people grow , the suit also play very authentic tie, a pair of small eyes Liang Jingjing (It is said that in today's aesthetic orientation, very small eyes Zouqiao) possession Gold wire glasses in the back, from time to time with the wisdom of the flashing light, and people talk, a lot of syllogism, Zhao Zhao threatening, Central interlocking. In a nutshell, the Zuopai Alang, a lawyer in the public right-of set.
Alang-PR, good lobby, plus the nature of active, often walk to Town, naturally came into contact with some of the grievances, Baoqu person. With his mouth Cuanchu Although Banshengbushu but those people suffocating to the legal terminology, Alang gradually have their own parties, their agents began to tort litigation. Day after day, year after year, Alang in the small display case of a major talent, he encountered the crash Chang Tai Ma recover the compensation, to suffer the Li Abai recover the fair. A few years, Alang has been little known, their accumulation of customers, from time to time Xiaoqian revenue, although such proceeds is not enough to let him have very extravagant, but already is enough to live comfortably, honest well-off. More important, at this time of Alang, inadvertently, have gradually become a tort litigation experts.
However, the winter of 2005 that morning, a fall from the sky of the pie, almost to Alang Dahuiyuanxing.
On that day, Alang-Dama, the former lead investment from the Shanghai Lai Yu's nephew, to find Alang law firm, commissioned by the Alang in a real estate acquisition projects to provide special services. Shanghai is the boss of an unusual, in the Elang hesitate do not know how to offer when the mouth of the first people have promised to pay 500,000 yuan in legal fees. A "silent-time audio," Alang was unexpected by filling in the well-being, desperately rising to the challenge not only for their own Sai Bangzi shake up. We should know that even this figure deducted from the floor of the Law Society, into the capsule has been in the Elang the past few years equivalent to the total number of the income. Several days later, the Fanshu Alangwanming, consult the peer-Wan Ming, Wan Ming's return trouble, and finally help the parties achieve a purpose, but also to do to get their deserved share of the price. Originally, this sum of the icing on the cake, when the right is just God's care, but Alang does not think so, nor his pride that, after several contained in the Spring and Autumn Grounding, he had a minor from the litigation lawyers, Evolution As a master of the non-defendants.
One can imagine the following situation, the Alang going on the Xiaolian Junqiao become Guangcaizhaoren because of self-confidence, he Xizhuanggelv day, Duanzuo in the law firm, waiting for another "Zhang Tai Ma" and to the Buqi, Here, there are still agents who asked him to infringement proceedings, but he was a Wanyanxiejue. However, the contrary, until the summer of this year, he is looking forward to "in-Dama" never happened, and the Alang savings, but also a fast completely. Thus, the Alang Xiaolian the surface of the meditation-like.
Alang after listening to the story, some people may be invented in the Longmen Zhen Xiao Ma Sun, in fact, Alang nature of certain things, in my own body is yes, if the implication of this story will start to the extension, lawyers in attendance were able to checkmark Not on January 2. Alang the story behind that is nothing but a business deal with the attitude of lawyers. Generally speaking, the means and results are subject to the attitude, to a large extent, the treatment of business directly related to the attitude of a lawyer will choose some means of expanding their business, of course, directly related to expand their business results. A lawyer, if they can not clearly understand their positioning, then Yangchangbiduan or unwilling to sacrifice some face, willing to their grievances, or Ya Gener not pondering a successful business deal with the attitude of lawyers and business development approach, then his business One can imagine the situation on.
The vast sea, and told, between the lawyers is to break out of the game, the Consumers He added, about the ups and downs of course, a lot of factors, but are all treated with the attitude of business-related. The lawyers in the business, like the farmer in the land, you respect it, work it, it would also return to you. You light it, slow it, it is not for your contribution to the food. Clearly, business-is also human nature.
In short, disdain stem trivial matter, unable to stem major event that an impetuous. Shouzhe small case for the case, the return is rational.
Third, techniques: Caigaobadou and "wealth" high-Badou
As we all know, "Caigaobadou" idiom that is the son of Cao Cao Cao Zhi.
According to "Shishuoxinyu. Literature," said Cao Pi done after the emperor, the talented younger brother of Cao Zhi has been harbor Jihen, once in his life Cao Zhi within a seven-step Shiyi Shou, failing to Will visit to Dafa (executed), and its voice came from Cao Zhi, it went Yin: "Zhudou held for soup, shenlu that Soy sauce. Osmunda japonica to the cauldron of burning, beans in the kettle of Qi. This is the same root, which He fry too hasty. " With this ancient Song, Cao Zhi preservation of their lives.
Cao Zhi did Youcai, the fate of the suspended line can export into poetry, if the change of ordinary people, should have scared the urine incontinence. The strange thing is that the Since ancient times, before the generation of high Weijian De weight is a bit high, if not, when the emperor should Cao Zhi is like the characters. Similarly, Baoxue of wealthy people can not, otherwise, intellectuals, everyone should flow in the oil-rich only. At that time, I am "West G" teaching, I occasionally to Shapingba shopping, shopping and once on will go through Shapingchang Hotel. Often see the hotel lobby bar, those drinking coffee, Diaozhuo Yan, listening to the beauty of playing the piano Dakuan, which inevitably knowing sigh of Health: Taiyazhitang, when enjoyed by the Aston, the upstart Quezen generated Paradise . Later, the education of my life, let me know, Youcai and the rich and can not be simply equated, in order to have money, you must learn to earn money, make money, the original doors of learning is another.
Clearly, Caigaobadou and "wealth" between the high-Badou, is not necessarily a causal association. This law is particularly prominent in the legal profession. Nowadays, more and more gifted scholar with a high degree of access to lawyers sector, including those of experts and scholars as a part-time lawyers, in their five-car, or even in both Chinese and Western learning, the only Kuangshi. Originally, by virtue of this talent, they have every reason to become industry leaders, leading the industry. Yinciyangcuo helpless, these academic giants of the visitor industry does not seem to have replaced the original income-generating those heroes, and no party seems to be because of their emergence Quzhiruowu, The reason for this can be attributed to some of the legal services market and the judicial system 's Not perfect, because it is not perfect, people with talent Youcai not be highlighted. But more importantly, it lies in the fact that some lawyers have a high degree of the Badou only, not the market needs and happy to accept the only practical, is more like inverted Huaquanxiutui intellectuals. As intellectuals, if I may say, is how they play the academic community, and criticized the mission, such as Shibi, the length of the Most relevant here. Intellectuals are ashamed to talk about money disdain make big money, of course, more will not make money on the Road and the skills. The lawyers, it is not intellectuals, and doctors and engineers, they are professionals. Professional talent embodied in two points, it is necessary to master professional skills and the second is to be familiar with the means to promote professional skills. Professionals stress is the pragmatic philosophy, no matter Baimao black cat that happened mice is a good cat. A lawyer, if the gas to the hearts of intellectuals to join the cat caught in the game, the effect will be good Weijian De Where.
My remarks, the intention is not to denigrate intellectuals, but to persuade those who are intellectuals or already have embryo-intellectuals of the highly educated, when their lawyers access to the area, must not only count on the neglect of the high - Bar skills - especially the expansion of the skills of the study. If unable to complete such a thorough restructuring, Youcai who will also starving.
In short, there is not knowledge of intellectuals, not necessarily a good intellectuals will be able to become a qualified lawyer. Only the rich but not only, not qualified lawyer; only Youcai without money, can not become a barrister. Youcai to let the people become rich before the Finance hang closely together, it is not an easy task. Precisely because of this, I especially admire the West Sichuan Plain GU East lawyers, scholars and lawyers in the edge of Yinshi dance, spiritual and material double harvest, the eclectic talent, Juzhongruoqing for the repair, and so is not my learned to The.
4. Conclusion
In this paper, the original intention was to regulate the practice of rendering the subject, the point of expanding operations of the specific skills of lawyers. Qizhi a write, racking their brains are not able to say a Zichou yin mao. After reflection, to know their own pockets are not the dark, how can Jingyanzhitan, how can work behind closed doors. But, only , pragmatic change for the retreat, so it is above
This is my self-induced rather than a vulgar popular topic, such that the reason is undoubtedly because this topic is very close to most lawyers, especially young lawyers the true inner thoughts. Although their First role this time, perhaps based on the "delivery of justice" such as the original motivation, but when the survival of justice often encountered Zuonong, when wealth and justice quietly perform some kind of causal link with the time, lawyers will often Coincidentally from pondering the same question: how to drum up our pockets »
To avoid misunderstanding or misinterpretation, it is in need of special note, I do not appreciate any kind of mercenary, going beyond the norms to predatory lawyers, but I also do not appreciate those hungry to defend justice, or justice is not good at being good at Harvest the price of lawyers. Ask ourselves, if we do not intend to hide the real lawyers hearts desire, it is necessary in the pursuit of justice under the large, Liao Yiliao on "business development" like whispering. Perhaps, call a spade a spade, will help lawyers more clearly understand the value of the lawyer's professional and vocational orientation.
Second, norms: in a proper way and take the "missing" Road
"In a proper way", and is related to the gentleman.
Confucius said: "The money and status, this is everyone's desire, but if it is not the way to-Road access, is not admitted by the gentleman." Is the so-called "gentlemen's love money, in a proper way." Confucius said the gentleman, I mean both "not worried", "Buhuo" and "fear" of chemical, National Cheng Kung University vernacular translation, in fact, that is, those inner forthright, good debate right and wrong, brave and fearless person. As such a standard, it is clear that lawyers in the group conditions of each individual has become a gentleman. Of course, a gentleman and a conditional willingness to become a gentleman, and can become a gentleman are totally different issues.
Lawyer in a large number of gentlemen, but can not say that there is no villain. Love-in on this point, the gentleman and the villain is no difference, the difference is that the admission of the two-way, the ethical level, but there are quite different. Gentleman from Choi, had a moral to Guinie, depending on the tenets of law, gingerly, Zhanqianguhou, not the Leichi half step. Although it looks like legs woman, but always abide by the "UNIFEM Road." By contrast, the villain of the Road have to take fiscal Biaohan much, they can not say what the rules, their behavior is usually idea of "just results, not of means," Therefore, no matter big or small Choi Choi, No matter when or ill-gotten gains from windfall, regardless of the consequences to-take-all, as to whether Chi Xiaqu had to digest, it is irrelevant things.
It is evident from this, the moral, and the villain of the gentleman from the fiscal Road do the points, pros and cons of difference. It is possible insight to this point, the administration of justice would have taken the trouble to the authorities to regulate lawyers, their intention is nothing but remind the gentleman's lawyers should be the same as that of a gentle, earnings from the moral, not to forget.
The gentleman from the Finance, in addition to stress the "moral", also speaking at the "Road Law."
The so-called Road, straightforward point, it is for the fiscal means and methods. On this level, the gentleman in order to uphold our ancestors passed down patterns of behaviour, with patience indisputable, I do not moving hands, the exception of grace, which inevitably have to eat losses. To lawyers industry as an example: We all know that most lawyers sector is a lack of Qian Yi of the industry, but also a highly competitive industry, with disdain, "Wangpomaigua, traders puff" is our common scene this line. Unfortunately, quite a number of parties is also customary to accept such a style. Thus, in such a spittle flying career circle, in such a rapidly changing playing field, opportunities often Shaozongjishi. Want to retain reserved, the humility of Zizhi Dao-jun, would be defeated since the RUF. I am known as "pro-Ya" Abnormal, although not claim gentleman, but also likes to follow suit by the gentleman, therefore, in this context there will be a lot of lessons learned: In the past, people often say that I am "too low-key life "Initially, I also feel that other people in my boast, but only slowly realize one of the unspoken words - life can not be Taiqing high. In fact, others in laughing at me.
Tongdingsitong, I would like to clear some truth: In modern society, some of the gentlemen's Road, is not suitable for the professional lawyers. This forced the gentleman who is to be done, successful lawyers to do the people need to advance with the times, we should feel a moral gentleman, but also improved the gentleman Road Act.
In short, the lack of a moral Road, is dangerous Road; lack of a moral, law, the moral is inaction.
Second, expanding: Shouzhudaitu and Shou of "finding" rabbits
Shouzhudaitu related to the story, in the lawyer's practice in activities to find new interpretations.
First role of such a line of young lawyers, Let us call him Alang, the young people grow , the suit also play very authentic tie, a pair of small eyes Liang Jingjing (It is said that in today's aesthetic orientation, very small eyes Zouqiao) possession Gold wire glasses in the back, from time to time with the wisdom of the flashing light, and people talk, a lot of syllogism, Zhao Zhao threatening, Central interlocking. In a nutshell, the Zuopai Alang, a lawyer in the public right-of set.
Alang-PR, good lobby, plus the nature of active, often walk to Town, naturally came into contact with some of the grievances, Baoqu person. With his mouth Cuanchu Although Banshengbushu but those people suffocating to the legal terminology, Alang gradually have their own parties, their agents began to tort litigation. Day after day, year after year, Alang in the small display case of a major talent, he encountered the crash Chang Tai Ma recover the compensation, to suffer the Li Abai recover the fair. A few years, Alang has been little known, their accumulation of customers, from time to time Xiaoqian revenue, although such proceeds is not enough to let him have very extravagant, but already is enough to live comfortably, honest well-off. More important, at this time of Alang, inadvertently, have gradually become a tort litigation experts.
However, the winter of 2005 that morning, a fall from the sky of the pie, almost to Alang Dahuiyuanxing.
On that day, Alang-Dama, the former lead investment from the Shanghai Lai Yu's nephew, to find Alang law firm, commissioned by the Alang in a real estate acquisition projects to provide special services. Shanghai is the boss of an unusual, in the Elang hesitate do not know how to offer when the mouth of the first people have promised to pay 500,000 yuan in legal fees. A "silent-time audio," Alang was unexpected by filling in the well-being, desperately rising to the challenge not only for their own Sai Bangzi shake up. We should know that even this figure deducted from the floor of the Law Society, into the capsule has been in the Elang the past few years equivalent to the total number of the income. Several days later, the Fanshu Alangwanming, consult the peer-Wan Ming, Wan Ming's return trouble, and finally help the parties achieve a purpose, but also to do to get their deserved share of the price. Originally, this sum of the icing on the cake, when the right is just God's care, but Alang does not think so, nor his pride that, after several contained in the Spring and Autumn Grounding, he had a minor from the litigation lawyers, Evolution As a master of the non-defendants.
One can imagine the following situation, the Alang going on the Xiaolian Junqiao become Guangcaizhaoren because of self-confidence, he Xizhuanggelv day, Duanzuo in the law firm, waiting for another "Zhang Tai Ma" and to the Buqi, Here, there are still agents who asked him to infringement proceedings, but he was a Wanyanxiejue. However, the contrary, until the summer of this year, he is looking forward to "in-Dama" never happened, and the Alang savings, but also a fast completely. Thus, the Alang Xiaolian the surface of the meditation-like.
Alang after listening to the story, some people may be invented in the Longmen Zhen Xiao Ma Sun, in fact, Alang nature of certain things, in my own body is yes, if the implication of this story will start to the extension, lawyers in attendance were able to checkmark Not on January 2. Alang the story behind that is nothing but a business deal with the attitude of lawyers. Generally speaking, the means and results are subject to the attitude, to a large extent, the treatment of business directly related to the attitude of a lawyer will choose some means of expanding their business, of course, directly related to expand their business results. A lawyer, if they can not clearly understand their positioning, then Yangchangbiduan or unwilling to sacrifice some face, willing to their grievances, or Ya Gener not pondering a successful business deal with the attitude of lawyers and business development approach, then his business One can imagine the situation on.
The vast sea, and told, between the lawyers is to break out of the game, the Consumers He added, about the ups and downs of course, a lot of factors, but are all treated with the attitude of business-related. The lawyers in the business, like the farmer in the land, you respect it, work it, it would also return to you. You light it, slow it, it is not for your contribution to the food. Clearly, business-is also human nature.
In short, disdain stem trivial matter, unable to stem major event that an impetuous. Shouzhe small case for the case, the return is rational.
Third, techniques: Caigaobadou and "wealth" high-Badou
As we all know, "Caigaobadou" idiom that is the son of Cao Cao Cao Zhi.
According to "Shishuoxinyu. Literature," said Cao Pi done after the emperor, the talented younger brother of Cao Zhi has been harbor Jihen, once in his life Cao Zhi within a seven-step Shiyi Shou, failing to Will visit to Dafa (executed), and its voice came from Cao Zhi, it went Yin: "Zhudou held for soup, shenlu that Soy sauce. Osmunda japonica to the cauldron of burning, beans in the kettle of Qi. This is the same root, which He fry too hasty. " With this ancient Song, Cao Zhi preservation of their lives.
Cao Zhi did Youcai, the fate of the suspended line can export into poetry, if the change of ordinary people, should have scared the urine incontinence. The strange thing is that the Since ancient times, before the generation of high Weijian De weight is a bit high, if not, when the emperor should Cao Zhi is like the characters. Similarly, Baoxue of wealthy people can not, otherwise, intellectuals, everyone should flow in the oil-rich only. At that time, I am "West G" teaching, I occasionally to Shapingba shopping, shopping and once on will go through Shapingchang Hotel. Often see the hotel lobby bar, those drinking coffee, Diaozhuo Yan, listening to the beauty of playing the piano Dakuan, which inevitably knowing sigh of Health: Taiyazhitang, when enjoyed by the Aston, the upstart Quezen generated Paradise . Later, the education of my life, let me know, Youcai and the rich and can not be simply equated, in order to have money, you must learn to earn money, make money, the original doors of learning is another.
Clearly, Caigaobadou and "wealth" between the high-Badou, is not necessarily a causal association. This law is particularly prominent in the legal profession. Nowadays, more and more gifted scholar with a high degree of access to lawyers sector, including those of experts and scholars as a part-time lawyers, in their five-car, or even in both Chinese and Western learning, the only Kuangshi. Originally, by virtue of this talent, they have every reason to become industry leaders, leading the industry. Yinciyangcuo helpless, these academic giants of the visitor industry does not seem to have replaced the original income-generating those heroes, and no party seems to be because of their emergence Quzhiruowu, The reason for this can be attributed to some of the legal services market and the judicial system 's Not perfect, because it is not perfect, people with talent Youcai not be highlighted. But more importantly, it lies in the fact that some lawyers have a high degree of the Badou only, not the market needs and happy to accept the only practical, is more like inverted Huaquanxiutui intellectuals. As intellectuals, if I may say, is how they play the academic community, and criticized the mission, such as Shibi, the length of the Most relevant here. Intellectuals are ashamed to talk about money disdain make big money, of course, more will not make money on the Road and the skills. The lawyers, it is not intellectuals, and doctors and engineers, they are professionals. Professional talent embodied in two points, it is necessary to master professional skills and the second is to be familiar with the means to promote professional skills. Professionals stress is the pragmatic philosophy, no matter Baimao black cat that happened mice is a good cat. A lawyer, if the gas to the hearts of intellectuals to join the cat caught in the game, the effect will be good Weijian De Where.
My remarks, the intention is not to denigrate intellectuals, but to persuade those who are intellectuals or already have embryo-intellectuals of the highly educated, when their lawyers access to the area, must not only count on the neglect of the high - Bar skills - especially the expansion of the skills of the study. If unable to complete such a thorough restructuring, Youcai who will also starving.
In short, there is not knowledge of intellectuals, not necessarily a good intellectuals will be able to become a qualified lawyer. Only the rich but not only, not qualified lawyer; only Youcai without money, can not become a barrister. Youcai to let the people become rich before the Finance hang closely together, it is not an easy task. Precisely because of this, I especially admire the West Sichuan Plain GU East lawyers, scholars and lawyers in the edge of Yinshi dance, spiritual and material double harvest, the eclectic talent, Juzhongruoqing for the repair, and so is not my learned to The.
4. Conclusion
In this paper, the original intention was to regulate the practice of rendering the subject, the point of expanding operations of the specific skills of lawyers. Qizhi a write, racking their brains are not able to say a Zichou yin mao. After reflection, to know their own pockets are not the dark, how can Jingyanzhitan, how can work behind closed doors. But, only , pragmatic change for the retreat, so it is above
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