According to the latest one, "Banyuetan" the magazine reported, to prevent large-scale forced relocation due to lead to the "public official during the" litigation, Tongliao City of Inner Mongolia Horqin District government has created a quite proud of their "unique practice": for many years to All the district general counsel appointed District Government Counsel, the local lawyers as a binding contract, forcing lawyers will not be allowed to "the official was" the plaintiff to provide legal services.
Horqin District government's initiative is known as the "unique." The past, some local areas in order to prevent a large area, "the official was" the proceedings, one way is through certain channels to exert pressure on the court, the law shall not be admissible in such cases, although the admissibility or contractors but not against government; Another approach is directly through the administration of justice department lawyers to exert pressure on local lawyers may not be ordered agents such cases. As the District Court failed to fully shake off the constraint of local governments, and local judicial and administrative departments of local lawyers to manage power, the two approaches are often able to receive immediate results.
Specific analysis, is actually the first to use administrative methods to intervene in judicial activities in the Context of the rule of law is very shameful, and the second to lawyers for violations of the rights of practice, said it is also very good. Well now, Horqin District government with great vigour, in one stroke to seven area law firm of nearly 100 lawyersn year the government appointed legal adviser, in accordance with the signed employment contracts, these lawyers as the legal adviser to the Government, shall not At the same time as the agents sued the government side. As a result, the Government has no direct use of administrative means to interfere with judicial, not a direct violation of the rights of practice of lawyers, but through the social market economy and the rule of law means the requirements of the contract, the successful implementation of the Law Society of the area's monopoly and control of resources. Reported that there is such a "sharp sword Gaoxuan", the lawyers are afraid to "irregularities" accept "the official was" the case. To the contract means the form of monopoly local lawyers resources, the surface, than direct intervention by the judiciary, lawyers violations of the right to practice more gentle, but the mandatory government in which power plays a key role, but almost no change. The local lawyers are so "I Gou in the" employment contract is in fact a King contract, all the district's lawyer also signed a signed, executed not have to sign, such as the Bureau of Justice leadership in Horqin District regular education lawyer said, "Who Duizhuo Gan with the Government on the ground should not even think about mixing. " Clearly, the Government signed employment contracts with lawyers, but to look good in some form, if necessary, direct use of the aforementioned second approach, the use of the judicial administrative power "repair" disobedient lawyers, there is no substantive difficulties .
Government lawyers in all directions monopoly of the local resources, undoubtedly, "the official was" the plaintiffs to seek legal services has created enormous obstacles, whether the latter is to hire a lawyer to the field, or forced to become self-learning "legal specialists" single-handedly lawsuit, Will pay a very high price. Government assumed that, if things continue this way, enough to make the plaintiff to abandon the "public official during the" aspirations and clear: Guaiguai. Facts have proved that, in many cases, the Government has underestimated the will of the residents of IPR protection, but also underestimated the residents to bear the cost of IPR protection capacity. If the blockade of a local legal services market will be able to eradicate "the official was," If the solution, "the official was" the problem was so simple and easy, it almost does not matter the government can not be done.
In this incident, Horqin District is the largest unwise, they did not realize that if a free hand to lawyers as "the official was" the plaintiff to provide legal services, not only is not in "with the Government Duizhuo Gan," is not in a given community Tianluan precisely On the contrary, lawyers are the most knowledge of law one of the groups and also the most respect for the rules, the most willing to maintain order one of the groups, represented by counsel with the lawsuit plaintiffs, is to guide residents take a rational, law-abiding, self-restraint, the order of the road to safeguard their rights To help residents through legal channels remove tension and reduce anxiety, the release of unrest, is in the way of law easing social conflicts, sharing the Government's pressure to maintain social stability. Instead, the government monopoly of the local lawyers resources, artificially increasing the cost of legal residents safeguard their rights and narrow the space for residents of IPR protection in accordance with the law, which is likely to add to the residents of tension, anxiety and anxiety, in turn is likely to intensify social contradictions and increase in government The burden is not conducive to social stability. Ostrich trouble or danger, will not consciously head Zhajin the sand, thinking that could have been avoided trouble and away from danger. Government monopoly of the local lawyers resources, residents blocked access to legal services to that can effectively prevent "the official was" litigation, the residents unconditionally give up IPR protection efforts, the Government is finally available "to defeat the enemy's military," Yongxiang harmonious and peaceful. This is a typical "ostrich tactics", behind the trouble and danger can not be automatically cancelled. As soon as the parties concerned should change their concepts, correct understanding and correct this runs counter to the principle of the rule of law and harmful to social stability in the wrong practice.
Horqin District government's initiative is known as the "unique." The past, some local areas in order to prevent a large area, "the official was" the proceedings, one way is through certain channels to exert pressure on the court, the law shall not be admissible in such cases, although the admissibility or contractors but not against government; Another approach is directly through the administration of justice department lawyers to exert pressure on local lawyers may not be ordered agents such cases. As the District Court failed to fully shake off the constraint of local governments, and local judicial and administrative departments of local lawyers to manage power, the two approaches are often able to receive immediate results.
Specific analysis, is actually the first to use administrative methods to intervene in judicial activities in the Context of the rule of law is very shameful, and the second to lawyers for violations of the rights of practice, said it is also very good. Well now, Horqin District government with great vigour, in one stroke to seven area law firm of nearly 100 lawyersn year the government appointed legal adviser, in accordance with the signed employment contracts, these lawyers as the legal adviser to the Government, shall not At the same time as the agents sued the government side. As a result, the Government has no direct use of administrative means to interfere with judicial, not a direct violation of the rights of practice of lawyers, but through the social market economy and the rule of law means the requirements of the contract, the successful implementation of the Law Society of the area's monopoly and control of resources. Reported that there is such a "sharp sword Gaoxuan", the lawyers are afraid to "irregularities" accept "the official was" the case. To the contract means the form of monopoly local lawyers resources, the surface, than direct intervention by the judiciary, lawyers violations of the right to practice more gentle, but the mandatory government in which power plays a key role, but almost no change. The local lawyers are so "I Gou in the" employment contract is in fact a King contract, all the district's lawyer also signed a signed, executed not have to sign, such as the Bureau of Justice leadership in Horqin District regular education lawyer said, "Who Duizhuo Gan with the Government on the ground should not even think about mixing. " Clearly, the Government signed employment contracts with lawyers, but to look good in some form, if necessary, direct use of the aforementioned second approach, the use of the judicial administrative power "repair" disobedient lawyers, there is no substantive difficulties .
Government lawyers in all directions monopoly of the local resources, undoubtedly, "the official was" the plaintiffs to seek legal services has created enormous obstacles, whether the latter is to hire a lawyer to the field, or forced to become self-learning "legal specialists" single-handedly lawsuit, Will pay a very high price. Government assumed that, if things continue this way, enough to make the plaintiff to abandon the "public official during the" aspirations and clear: Guaiguai. Facts have proved that, in many cases, the Government has underestimated the will of the residents of IPR protection, but also underestimated the residents to bear the cost of IPR protection capacity. If the blockade of a local legal services market will be able to eradicate "the official was," If the solution, "the official was" the problem was so simple and easy, it almost does not matter the government can not be done.
In this incident, Horqin District is the largest unwise, they did not realize that if a free hand to lawyers as "the official was" the plaintiff to provide legal services, not only is not in "with the Government Duizhuo Gan," is not in a given community Tianluan precisely On the contrary, lawyers are the most knowledge of law one of the groups and also the most respect for the rules, the most willing to maintain order one of the groups, represented by counsel with the lawsuit plaintiffs, is to guide residents take a rational, law-abiding, self-restraint, the order of the road to safeguard their rights To help residents through legal channels remove tension and reduce anxiety, the release of unrest, is in the way of law easing social conflicts, sharing the Government's pressure to maintain social stability. Instead, the government monopoly of the local lawyers resources, artificially increasing the cost of legal residents safeguard their rights and narrow the space for residents of IPR protection in accordance with the law, which is likely to add to the residents of tension, anxiety and anxiety, in turn is likely to intensify social contradictions and increase in government The burden is not conducive to social stability. Ostrich trouble or danger, will not consciously head Zhajin the sand, thinking that could have been avoided trouble and away from danger. Government monopoly of the local lawyers resources, residents blocked access to legal services to that can effectively prevent "the official was" litigation, the residents unconditionally give up IPR protection efforts, the Government is finally available "to defeat the enemy's military," Yongxiang harmonious and peaceful. This is a typical "ostrich tactics", behind the trouble and danger can not be automatically cancelled. As soon as the parties concerned should change their concepts, correct understanding and correct this runs counter to the principle of the rule of law and harmful to social stability in the wrong practice.
