Chinese lawyers, Way

First, the same case in different accused the defence counsel of the people.

A few days ago, I appear in court for drug trafficking together in defence of a defendant, the case is the basic fact that the number of suspects accused of methadone in drug transactions, was arrested by public security officers, can be described as "Renzangjuhuo." When the other to hear the defendant's defence lawyers on the following point of view, can not help much with emotion:







A point of view: a defence counsel is the fact that the drug trade have not actually completed, the case is made for the defence of attempted criminal point of view.

In response, the lawyers made a common-sense error: in judicial practice, "Renzangjuhuo" of drug cases, send been identified as crime occurs. The lawyer attempted to criminal grounds for the defence, no matter how its eloquence, Wanban reasons, not the "wasted words" » The lawyers for the defence of ignorance of the law can only win the sympathy of the Central, and the ad litem judges, not only does not work, that defence counsel will be a lack of basic legal knowledge, the judges caused resentment and ultimately self-defeating.

Second point: the request of the accused, the court in mitigation, but did not propose any mitigation of the statutory reasons.

The lawyer has confused "reduce" punishment and "mitigating" the difference between punishment. What should be mitigating circumstances or can reduce the punishment, criminal law has clear provisions, such as surrender, meritorious service, and other statutory circumstances, the court will have more detailed and specific requirements. The subject matter there is no statutory, how can the lawyers to reduce the indiscriminate punishment? Request of the defence » How judges will look at it »

Three points: that the other lawyers, prosecutors did not list their alleged offences, the specific legal basis for sentencing, prosecutors did not make the burden of proof.

In fact, prosecutors charged, it does not require the transfer of the alleged offence was based on the legal provisions as evidence because it does not belong to the criminal burden of proof; Moreover, the sentencing of the defendant is convicted of belonging to the jurisdiction of the court, the judge Will naturally take into account the specific legal basis and legal provisions.

40 points: in calculating the amount of the drug methadone on the issue, a lawyer believes that the calculation of the number of drug methadone should be solid drug reference to the method of calculating the liquid into a solid methadone methadone, to determine the number of penalties as the standard.

This is no legal basis. Although the drug methadone on the calculation of the number of problems related to the lack of judicial interpretation, but according to April 20, 2000, "the Supreme People's Court hearing on the case of convicted drug sentencing standards on the issue of interpretation" of Article 2, paragraph (5), Mrs Lengding drugs (injections) are branch units calculated. The methadone is the same drug injection, is also liquid, and therefore should be reference to the method of calculating drug pethidine, a branch unit, of course, the judge in sentencing, should seriously consider the drug methadone which the liquid content of the objective situation of very low.

Based on the above circumstances, we found different lawyers on a case with the understanding and the defence will appear so great the difference, and even lawyers committed a common-sense errors, which reflects the legal profession lawyers between the level of uneven, and some The operational capacity of lawyers have yet to be improved.

Second, the Chinese team has many excellent lawyers, but because of poor environmental industry practice, the lack of comprehensive industry standards, unfair competition and the proliferation of vicious competition, while China's legal professional community has not yet formed, serious corruption in the judiciary, have led to the overall quality of lawyers A clear downward trend, the legal profession's future development is worrying.

The above-mentioned example of this phenomenon must not only individual, in order to accurately understand the situation, I Baidu online search for "bad lawyer", as many as 162,000 above the record of the in-line google search for "lawyers scandal", the above Also recorded as many as 797,000, some lawyers, or even as "Yong Yi", gall surgery patients to be done, he却把the patient's liver be cut off, said: "The bad lawyers" are everywhere, lawyers scandal Man Tianfei. What are the reasons for these phenomena led to the formation of this » This has led to my thought.

1, when the court into a "fight", "relations" on the importance of sound far in improving the quality of the business.

Chinese "disgust of First Instance," the legal and cultural traditions and "social acquaintance" of the characteristics of the legal profession with the current limited capacity to develop business and legal needs of the community's relative lack of volume, making the "relations between the circle", "communication network" of lawyers from the A very important role in a wide variety of networks of relationships, can there be the source of the lack of an effective network of relationships, the source of pathetic, and even survival are problematic. This forced the lawyers had to spend a lot of time was spent on communication, used in all kinds of "relations" with maintenance. Some lawyers about 90 percent of the time is spent on finding the source of Sino-Latin American relations, only 5% of the time for handling cases, while the remaining five percent for life. This has led to lawyers handling cases of retrogression, attitude to life is also a problem. Bar mistresses, divorce is quite common, at least for their children is also a lack of discipline, many children become lawyers juvenile problems, fighting, truancy are serious.

In order to attract the sources, lawyers also increasing emphasis on self-marketing. This has occurred on the network marketing model, a person monopolize the so-called "China Law Society Company Law Network", "Chinese criminal defence lawyer network", "Chinese lawyer well-known network", "Chinese lawyers network", "Canton lawyer network." What "big label" sites, a "lead counsel" close to some lawyers, by law, and even employ some of the power sector retirees, resource-rich community relations staff dedicated to finding the source of doing business, and even promised to give " High clawback "to obtain the source. Marketing itself there is nothing wrong with lawyers, but did not have the strength and support of the false marketing can only be beautiful lies, ultimately short-lived, perhaps also detained on "licensed Zhapian Fan" label.

In Western developed countries, advertising and prohibition of private lawyers to the case, can only be arranged by the law of the case at the same time, the state will also provide sufficient protection for lawyers, the law clearly provides that only lawyers can engage in the case of agents and Defence, the great majority of the cases, there must be the participation of lawyers, judges and the court can hear. By comparison, there are still several times the Chinese lawyers in the number of legal workers, mixing all kinds rely on the "internal" Lanhuo stem the Xianzarenyuan, in the legal profession in the improper conduct of the competition, making the legal profession and no more confusion Sequence.

People's energies are limited, if the lawyers to focus on "relations", on finding the source, the quality of lawyers practising how can it improve the quality of the »

2, lawyers growth mode and the lack of a reasonable standard, the overall quality of lawyers will lead to the decline.

All those who have attained some achievements of the lawyers, with the "deputies", "CPPCC members", or Lvxie Ren Moumou duties in the "politicians" title, to start with a clear conscience, "lawyer boss", natural unmotivated study business, improve business Capacity, most of the time on the maintenance of social relations and public entertainment in the case to the wholesale use of cheap wages hired new lawyers and lawyers for assistance, and the new lawyer, assistant counsel because the lawyers are not professional guidance , The only feeling our way across the river, not only unable to handle the case in Huoseshengxiang, even the basic norms of operation can not fight master. However, in order to early out of "Oliver", the more they inadvertently increase in operational capacity, just want an independent practice as soon as possible. And some new lawyers, compelled by the living, often to take risks. When the entire industry in an unfair competition, the plight of vicious competition, do not rely on ability, but only pray that in all kinds of "relations" and various non-standard factors to bring about their own business, it will inevitably lead to the overall quality of lawyers The decline.

3, China's social legal professional community has not yet formed, serious corruption in the judiciary, the overall quality of lawyers will lead to the decline.

In the 1980s, the Guangzhou only 80-odd lawyers, not the lawyers no worries about the source of most of the parties take the initiative to come, with the number of cases that lawyers are the main efforts in handling cases, do not have to Feijinxinji to socialize, Latin American relations, the overall high quality with the same period compared to the judges, lawyers need through the National Bar Examination, and the judge has no strict examination, low-threshold, all kinds of people can enter the court.

Since the beginning of the 21st century, with the promotion of judicial reform, the unified judicial examination system set up so that lawyers, judges have a unified threshold, lawyers and judges at the same starting line, but must recognize that in recent years, judges have the overall quality of Higher than lawyers: Judge daily exposure to a large number of cases, writing a considerable number of legal instruments, at the same time, the court is an instrument of official documents, must meet a certain standard, the security and oversight organizations to the overall quality of judges with a considerable degree The increase with the contrary, lawyers or no cases or the number of cases is too small, too many cases either have to "assistant", "novice" with operational lawyers also a lack of unified norms and effective oversight, the legal profession "Self-employed" and "small workshop" more popular models, which have led to the overall quality of the lawyers decline.

Judges, prosecutors and lawyers have a common educational background and belief, it should be said to form a legal professional community, but in fact lawyers and judges, prosecutors relationship is often mutually exclusive and mutual hostility. Judges, prosecutors whole in power, and the lawyers only Jie Bu Yi, is one of the weakest groups. In order to the smooth operation of business, close to some lawyers have bribed judges and prosecutors, "court" often became a "fight", lawyers can not practice norms, improve the operational capacity of the enterprise will be dampened. Recently, the Central Commission for Discipline Inspection south of Guangdong, Shenzhen Intermediate People's Court judge in the collective exposure of corruption in the judiciary, more than 10 lawyers have been implicated by the investigation. It must be pointed out, the reality of these lawyers is pathetic and sad, pathetic is that they should trouble all day for their livelihood; Sadly, such a lawyer, not only for clients , may also be a major mistake, not only Client, the defendant's unfortunate that the legal profession is unfortunate, the rule of law in China and Chinese society, unfortunately.

Third, the judiciary, lawyers unable to provide substantive assistance; Lvxie, by law, can not completely change the fate of lawyers. Working bumps, wandering souls, in difficult circumstances, the lawyer is not your mother did not Davis unsupported "Kuming children."

1, Chinese lawyers are not your mother's father did not "Kuming child."

Judicial administrative organs management of lawyers, of course not a lawyer "Dieniang"; Bar Association is the industry self-regulatory organization, the management of lawyers has played a positive role, but to regulate industry competition, improve environmental lawyers, not the role of the Great lawyer because of my profession did not "apprenticeship" system, training system is a mere formality, most lawyers go it alone in the long-term status, among households Wa Qiangjiao not on the already very good, let alone what the team collaboration and strict Family-like mutual aid, so old lawyer is not new lawyers "Dieniang" China's law firms are small, frequent changes in lawyers, law firms and lawyers of cooperation is in a state of no confidence, which is not legal counsel ( Especially young lawyers and law clerks) can rely on, and the parties, only "time is the people." When he was seeking a lawyer, the solicitor general as "Buddha", the lawyers hope to help him solve all disputes and troubles when things than he wants, on Fanlianburen, or even malicious slander lawyer. Therefore, the parties are not more lawyers on the "Dieniang." Dieniang not the orphans, the poor environment can be healthy growth »

2, Chinese lawyers did not "Dieniang" and even there is no "relatives" and unsupported, the lack of human warmth, in an internal and external problems, Neiwaijiaokun, the growth environment fend for themselves.

Internet such a review: "lawyers from the 1990s were regarded as high-income class to low-income, no protection class." Popular on the Internet is also a more precise statement: "When you become a lawyer After you become the 'three non-official', without protection of wages, no social security, no protection business. "In such an environment to grow up, the industry standard is not an easy thing. China lacks the legal profession of Community, the lawyer makes a long time go it alone, and abnormal loneliness and helplessness, like there is no "relatives" of orphans, the lack of a human warmth, the independent practice of bear a high pressure and high-risk , Lived a life of a fend for themselves.

3, lawyers souls wandering, the lack of a genuine spiritual sustenance and beliefs.

Chinese lawyers, not only did not rely on the work, the spirit of wandering, in a spirit of difficulties. Legal person of faith should be legal, faith fairness and justice. But in China, "the rule of man" color far more than the "rule of law" color of the country, by too many legal restrictions, there too many factors involved, the lawyer makes full of frustration, anguish and pain, the law can not become a genuine spiritual sustenance. . Many young lawyers have diverted a large number of outstanding graduates of the legal profession from the legal profession, this is the best description.

4, the status quo of China's rule of law, determines that Chinese lawyers will have to experience too much of the disaster.

China's lack of the rule of law, the legal profession is in a state of weightlessness. The lawyers should be the biggest beneficiaries of judicial reform and judicial reform, lawyers precisely the lack of voices, especially the legal profession as a whole "voice." Judicial reform as some of the power sector Fenzang "Carnival Feast," which also doomed the future of the legal profession Font. Fate of a bumpy, Qiantumiaomang the industry, you can not Mingku »

China's legal profession has been caught in a vicious competition in the industry predicament. There Renyan: "China is a lawyer does not force the team, China's law firm is no power of the organization, China's lawyers are not relying on the individual, the entire legal profession is not one to rely on the force." No father did not Mother unsupported, China is the most true portrayal of lawyers.

Fourth, Chinese lawyers "Dieniang", where are you » Chinese enterprises should be lawyers Yishifumu; lawyers, the law should bear the heavy responsibility of training new people and the lawyers, by law, the legal profession, should be self-rescue.

1, enterprises are Chinese lawyers "Dieniang."

According to the statistics: China's private enterprises, the average life expectancy only 2.9 years, China every year about 1 million private enterprises of bankruptcy, 60 percent of the enterprises will be bankrupt in five years, 85 percent of the enterprises will perish in 10 years, can survive for more than three years Only 10 percent of enterprises, large enterprise groups, the average life expectancy is only 7.8 years. Of which 40 percent of the enterprises in the entrepreneurial stage to declare bankruptcy. Every day in China closed down 2,740 enterprises, the average per hour, 114 enterprises go bankrupt, every minute, two enterprise bankruptcy. Japanese companies, the average life expectancy is 30, is 10 times the average life expectancy for U.S. companies in 40, China 13 times. This led to the results of many causes, but the lack of a standardized corporate legal services, but also the core of one of the reasons.

Therefore, Chinese enterprises should pay more attention to enterprises that a legal risk prevention, risk reduction brought about by the loss to Mrs Anson Chan, Li Ming. As a lawyer, but also for the survival of millions of enterprises and development of valuable services, to expand their business enterprises as the most basic means of survival and lawyers to break the embarrassing situation, break through the bottleneck.

2, law firms, the old lawyer is that the new lawyers, the assistant counsel, "Dieniang."

The legal profession is a practical, workable strong industry. Alone concentrate on the "Den" the professor, lecturer training lawyers can not bear the heavy responsibility; Sikao a certificate, you can not prove that is a legal talent.

According to the Law Society of Western culture and mode of some of China's successful experience by the law, law firms, senior lawyers in the old growth of a lawyer in the early stages of the play is very far-reaching impact, it will directly affect the future of the career lawyers, Therefore, they most qualified to assume the new training lawyers, law clerks responsibility. There are even senior lawyer suggested that lawyers should set up specialized institutes, from rich lawyers to practice coaching.

Of course, the new lawyers, law clerks must also overcome the psychological impetuous, a sense of teamwork and open-minded attitude Qiujiao, to grow up as soon as possible, Dudangyimian could eventually become a lawyer.

Ku Ming of Chinese lawyers, Way »

Constantly improve their own quality, the establishment of healthy industry competition and personnel training mechanism, the maximum possible to open new businesses and actively participate in international competition before they can grow up in the competition, and strengthening. Perhaps, this is the only way out for Chinese lawyers.