I and the "Bar Digest" Jie Yuan because it had picked up my two articles, first in May 2004 published a series of my election, "the 1970 Constitution before the discussion," June 2005 issue of I also wanted the election of a "strange Michnik." But this series, initially caught my attention to some earlier, about February 2004, I respected Zhang Sizhi counsel sent from Beijing to my two "lawyers Digest", I remember that Di Liuji and Di Qiji Bar. Since then, I love this magazine, whether it is "brilliant defence", "professionalism" or "hot topics" and "The Sound of IPR protection" and other sections, each series of almost all let me eyes A bright article. Each in Hangzhou encountered lawyer friend, I must ask: "read" lawyer Digest "?» "If the answer is no, I will propose to go to the other side must look at the bookstore found, I also Hangzhou carefully tell them what a bookstore this book, largely on the location of what.
I was a history of addiction, and almost every day "and papers pile" deal, "lawyer Digest" give me the deepest impression is that the lawyers traditional section "Shihaigouchen." Although not much of the length, but because of my preference, each turn of this series, I will always pay special attention to this column. In fact, my intention is a lawyer in the local tradition.
More than 100 years ago, the court Concession in Shanghai, has seen a lawyer. 1904, shocked at the "Su-report" took place, the Guoxue Shenzhan have Zou Rong Zhang Taiyan and juvenile imprisonment, the Qing Dynasty as a plaintiff and the defendants they were hired foreign lawyers, remarks on the issue of guilt or innocence in court A start on another Chunqiangshezhan, each of the open trial "declaration" and other newspapers have reported tracking. Results and extreme arrogance of the government also failed to do. Although, today we know that it is very difficult in this together to load the Qing Shi Wen Ziyu, the lawyer is played for the final trial in the end played a great role, but this scene will always remain in my memory depths.
However, it was just the settlements take place in Shanghai, in the Ching court in accordance with the rule of law before Chuigong and rule the way the local, lawyers at that time still is a completely unfamiliar role in society. "So the report" Three years later, Jianhunvxia Qiu Jin was killed in Shaoxing, Zhejiang, without a court trial, without counsel, no final statement, a word, not all modern legal process, leaving only Qiu Jin Of an "Autumn sea level had autumn rain worry about Sharen" absolutely T, reverberated off over the past 100 years.
Asia's first Republic of Hengkong born, their lawyers began in the social arena to play an increasingly important influence. In the beginning, Shao Piaoping in Hangzhou Office "Henman Daily," because the works pulls few punches do not offend local authority figures, the defendant to court, well known at the time of Nguyen's lawyers to defend him of court, had ended in favour. Since then, many major historical events, we can hear the voices of lawyers, to see them proudly independent posture. PM10 in the political arena, some of the characters for many years, leaving the power market, will choose as their lawyers安身立命the occupation, have been involved in the drafting of the "Provisional Law," In 15 years, the former chief justice of the three jurists have Yao Zhang , Made education chief, the chief justice academics, political commentators home Zhang Shizhao, members of Congress did the Liuchong You……, both during the prestigious Bar. China's courts even SHI Liang such a young female lawyer.
History will not forget, Chen Duxiu jailed in 1932 after dominating the KMT under the Jiangsu High Court in April 1933 an open trial, woven-count indictment was "to harm the Republic for the purpose of gathering bodies, and for the text Treason propaganda. " Chen Duxiu together with the Office of the magazine, politics is not the same as an old friend of Zhang Shizhao to come forward and do his duty to defend in court, eloquent, as long as 53 minutes, from a legal, logic and the facts prove that many aspects, "the government does not mean that Country "and" oppose the KMT and its government, not against the country. " He defended the word ocean 10,000-word, then the "declaration", "Ta Kung Pao", "State Wen Weekly" newspaper reports, reprint, audio-visual sensation. KMT's "Central Daily News" president-Cangbo出马, published an editorial titled "The China State and Government - FOR Chen Duxiu and Zhang Shizhao," the defence of their innocence refute, Zhang Shizhao not timid, "declaration" released "the Kuomintang and the Country, "a text, according to counter arguments, the debate inside and outside the court, lawyers not only highlight the charisma that led to later generations with emotion of his words for the defence of self-defence and Chen Duxiu, a publication that year, it was some famous universities School of Law as a necessary reference book. We will learn a profound understanding that the lawyer is not isolated, not the press, publishing, education and other fields of justice, no society at all levels work together, no matter how much a Dan Qi, a professional level, has a moral pursuit of the lawyers What is also unlikely to be as. In other words, no social scene of the role of lawyers can not separate the brilliant performances of live drama. Zhang Shizhao the defence lawyers failed to change the KMT for Chen Duxiu outcome of the trial, but he maintained the dignity of the law and lawyers.
In the eve of the War of Resistance Against Japan "Qi Junzi case," Shen Qi Junzi Junru, and other organizations because of "national salvation" for the anti-Japanese Benzouhuhao and imprisonment of seven career lawyers (or had lawyers for the industry) accounted for four (Shen Junru , Sand Trinidad, SHI Liang, Wang made), seven persons for their defence lawyers is a huge lineup, including 21 lawyers had Yao Zhang, Li Zhao Fu, Chen Gao, Jiang Yong, Wang Ling, Jiang Yi-ping, Liu Chongyou, such as Zhang to , Was the quintessence of Chinese lawyers sector is a Qingchaoerchu. These lawyers have been chief justice, members of Congress, Dali Yuan (Supreme Court) of the chief justice, but also University School of Law Dean, Professor, Shanghai and Suzhou, president of the Bar Association, many of them are Zhang Yi from lawyers, Obligation to defend them. Qi Junzi indictment against the "endangering national" the allegations, lawyers said the indictment confuse right and wrong, confused black and white, is the destruction of the dignity of the law, but also the history of the crime of power to jump off. Reverberated with the parties on the court and lawyers awe-inspiring righteousness.
1948, Nanjing, "Xinmin," the Kuomintang authorities were ordered to cease operation, Chen Mingde, Tang and his wife had employed quarter Xing Zhang Shizhao, Jiang Yong, Jiang Yiping, such as Monday-six lawyers, the drafting of a million words, "the petition", from a legal, Facts, reasonable, and various other aspects of a strong defence, for rescission of punishment. The situation in the law on the grounds are impeccable, "the petition" as met with no response, ultimately ineffective. Nevertheless, they resort to the legal level of resistance, efforts are not without significance. The former rule of law in transition to the era of the rule of law, civil use of legal weapons, every little bit of IPR protection within the framework of the rule of law, may not have immediate effect, but Tianchangrijiu, this will lead to accumulation of substantial changes in society. Precisely because of this effort is sustainable, long-term, the toughness, the role of lawyers is so important. This and that the impulse to resort to one-time, Guoyin very, very keen to show the choice of a different direction. In the long term, an option that is, before the gradual accumulation of gain by the progress undoubtedly more reliable, more solid.
History will not forget that the role of the Bar Association, the legal profession groups in the face of social justice is not absent. 1933, Zhenjiang, Jiangsu, "Jiang Sheng Daily" manager Liu Yu and Zhu Bi Sheng and shot dead by Wen Ziyu, the nation's protests not only in the media groups, civil rights protection in China and the United Democrats of the voices of other social groups, including the National Bar Association, , Public power, to pursue the matter, punishment of those responsible for the request. KMT authorities have been compelled to respond, has issued a "protection of legitimate public opinion" and "effective protection of journalists," the orders.
Of course, lawyers not only to protect citizen's freedom of speech, liberty and the right to life, also acted as a lawyer to defend the citizens of property rights and other legitimate rights and duties. Youth SHI Liang early years in Shanghai for law firms, it is because the fight for civil disputes and the fame of the lawsuit. The table in her office an eye-catching silver shield, engraved above the "protection of human rights" words, she Zimian this, to do an honest lawyer. Lawyers must not only do not face the law, law of the licensing power, but also to face various forms of social evil forces, including hot triad, the Song Gun (Bar scum). Yao Zhang has been practising in Shanghai had repeatedly encountered such a case, You Renquan he give up, he said, lawyers responsibility is the protection of human rights, if no one in law for the weak to speak, not be the shame of lawyers » He added: "Although such evil forces and the anti-known, it is more dangerous, but duty, not speech." Listen to these words have remained a matter touching.
I am confident that the lawyers have their own professional positioning, the moral ideal of lawyers in the fields of expertise should be reflected, not to leave their profession. A good lawyer can have their own public concern, can have their own on the strong Aizeng human justice, the fate of the nation can have their own views, but it only all the lawyers and their practice to draw together, is the real Powerful, can be transformed into a solid foundation for the rule of law, only sowing the seeds will sprout on the land.
In the first half of the legal profession, no doubt to the people today and in the future (not only a lawyer practitioners) to provide a frame of reference can not be ignored. Search, dig our lawyers traditions, and the elevation of the same view of exotic indispensable. In the fall of 2004, I present the retrospective of the traditional press and publication sector (the "pursuit of the lost tradition") published after at least two lawyers to do legal work or friends that we should have a "search for lawyers traditional" Book, I limited field of vision, I do not know is has been written about the history of Chinese lawyers. I think, should have such a book, let us know about the past, we recognize the traditional. Only aware of its history, we could go the road better and doing more at ease, not only into nothingness and confused, the crossroads at a loss. Although we are not a long tradition of lawyers, but there have been long-term disruption, but the lawyer Zhang Sizhi, in other than his lawyers on the young, I obviously have seen the continuation of this tradition, saw the faint horizon Xiwei. Even alone in this regard, I believe, "lawyer Digest" There are many . In her five-year-old birthday, I wrote to Mr. Hu Shi's two favorite words, for her blessing --
One is:
"To such a harvest, the first such plant."
Another one is:
"As if a sinapine, in all the top seeds are small, until his growth, than the various Caishu all, King of the small tree, the birds can come to the air stopped in his Zhishang."
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