Administration of justice: caring lawyer in order to manage well the lawyer - the true story of the virtual launch of the nine
【Summary】 If the judicial and administrative organs of the expense of home country's Dafa, deliberately a grass-roots
courts exist obvious procedural errors and physical errors of judgments Bong as "the Bible" to read, and use it as punishment, according to lawyers, it is not a law enforcement the level of the problem. This kind of law is neither an enemy
of the pragmatic attitude of the scientific concept of development, is not consistent with our idea of building a harmonious society. Judicial and administrative authorities should be as much as possible within the scope permitted by law, to protect the lawyers, rather than a few possible ways to suppress the lawyers. Only care lawyer, able to manage good lawyer. This is worthy of our judicial administrative organs to seriously consider.
Key words lawyers practicing certificate revoked the administrative penalty
April 9, 2007, Zi Xu lawyers receive the highest judicial administrative authority transferred to the virtual Provincial Justice Department's "administrative reconsideration defense." Statement of defense against the Justice Department, Zixu
counsel made the following rebuttal:
Virtual Provincial Justice Department, one of the reasons the respondent as follows: "to respect and adopt the letter of the entry into force of judicial judgments, because the
executive has no power of justice and legal basis to review or deny entry into force of judicial judgments."
Zixu lawyer refuted the views of: ?, "the entry into
force of the ruling" is just the case the defendant's decision, the decision is not a witness or other interested party's decision. The verdict of the fact that the defendant entered into force only in the case, while for non-defense
rights, the right to appeal, right to appeal against a witness or other interested person is invalid. Because from our principle of procedural law, the legislative sense, impossible for a citizen of the Court held that the fact that non-defense
rights, the right to appeal and appeal.
?, Anwai Ren judicial administrative organs, as, of course, there is no legal basis to deny the power and the entry into force of judicial decisions, but the "PRC Administrative Punishment Law," 36th reads: "The Administration found that citizens, legal persons or other
organizations should be given administrative punishment according to law behavior, and must be comprehensive, objective and impartial investigation, collect relevant evidence. " The "comprehensive, objective and fair" process of gathering evidence is relevant evidence review process. In this case, the Court's verdict is just a lot of evidence of evidence, but not all of the evidence. Of six copies of the applicant to provide evidence of a photo, there is documentary evidence, witness testimony, is sufficient to overthrow the verdict of the relationship between lawyers and the judge found that Justice should not turn a blind eye.
?, the judgments involved in cases of the proceedings there obviously wrong, that is, without informing the lawyer
to appear as a witness in cross-examination, or even a written
application to appear in the legal cross-examination of the
circumstances, not allow lawyers to appear cross-examination,
serious violations of "criminal Procedural Law, "47th article:" the testimony of witnesses must be in court after prosecutors, victims and the accused, counsel questioned both sides, cross-examination, listen to the testimony of
witnesses, and later confirmed through the order as a final
decision is based "regulations.
?, judicial and administrative organs should respect the laws of the Republic, such as the aforementioned "Code of Criminal Procedure," the provisions of Article 47, rather than the grassroots level there is clearly erroneous judgments of the Court, if the judicial and administrative organs of the country's Dafa turn a blind eye, while the the latter as a "Bible" to read, it is not a level of law enforcement problem, but rather a mentality problem. Not a normal state of mind, of course, would be misreading the law.
Virtual Provincial Justice Department, defense of the two as: "Zi Xu counsel to the bribery of a judge constitutes the meaning of the administrative punishment of bribery, according to judgments recorded, its motivation is a good relationship
with the judge, pursuant to which the respondent that the law constitutes a bribe Zi Xu. "
Zixu lawyer refuted the views of: ?, in this, the
applicant is the first time see the "sense of bribery administrative punishment" theory. But I do not know what kind
of behavior is "the sense of the administrative punishment of bribery" in order to allow the applicant's admiring, the applicant requested the respondent to "administrative punishment of paying bribes in the sense of" concept and
composition of the elements illustrated in order to alert future generations. The applicant believes that if there is an "administrative punishment sense of bribery," it is also recognized by the people's court according to the law the perpetrators of the acts constitute bribery, that is
consistent with the composition of elements of bribery, but because the circumstances are minor, according to the law made by the people's court exempted from criminal punishment of acts, rather than a judicial and administrative organs should
be determined arbitrarily ultra vires act.
?, "a good relationship with the judge" is not illegal, there is no one China's current laws do not allow lawyers and judges a good relationship with the judge lawyer's practice is
conducive to good relations, such as court time, the conflict of "harmonization," Marking time to provide "convenience", not a bad thing, there are no violations of the law.
?, just as we are in real life many of Crown who (of course also includes a virtual province of the leadership of Justice) case of "weddings and funerals," may also be received
cash gifts subordinate units and individuals, while in the case of his superiors or other authorities, "weddings and funerals," time may also send gifts of money, they are motivated and certainly the sake of "good relations", in his
encounter any trouble or in need of promotion when you can "give care", we can according to the respondent's criteria for judging that the bribes they say that they pay bribes do? Of course not, because they do not request a specific care issues, just a general emotional investment, some are reasonable and lawful, some are sensible not legal at most only a general disciplinary offense, not bribery or bribery.
Virtual Provincial Justice Department, defense of the three as: "the judiciary's recognition of the right of the
bribery was" the Lawyers Law, "granting the provincial judicial administrative organs of the statutory functions and responsibilities."
Zixu lawyer refuted the views of: ?, "Law Law", and no
violation of the provincial judicial administrative organs may, "Code of Criminal Procedure," Article XII: "without the people's court ruling on any person found guilty shall not be recognized," the provisions of law outside the exercise of jurisdiction and found that the relevant provisions of law bribery, which is a virtual provincial Department of Justice on the "Law Law" misread.
?, the virtual Provincial Justice Department on December 14, 2006 the applicant served "judicial administrative organs of administrative penalty cases a hearing the parties the right to inform the book" said, "You a result of the bribery of a judge in violation of" The People's Republic of China Law Society Law " ... ... "here can only show two things: First
Department of Justice that the applicant's" bribery "from the Court's judgments recognition; two acts of bribery involving the applicant shall be determined by the judicial administrative organs. If the former, then the Justice
Department's reply in contradiction, because Justice Department said in its reply, the book itself is based on the "Lawyer's Law," granting the provincial judicial
administrative organs of the statutory functions and duties of the applicant's "bribery" to confirm. (In earlier, the applicant filed the above-mentioned judgments only on the
defendant's sentence, rather than on the witness's decision, it was said that his Justice Department is based on "Lawyer's Law," granting the provincial judicial administrative organ of
the exercise of statutory functions and responsibilities of "the right decision . ") If the latter, then with the Department of Justice's reply is a unified point of view, but not yet held a hearing on the Department of Justice finds that
the applicant" to the bribery of judges, "is obviously prejudiced, without a hearing on the I found the program illegal.
?, the virtual Provincial Justice Department finds that the nature of the applicant acts preconceived, subjective assumptions, it is not only reflected in the "judicial administrative organs of administrative penalty cases a hearing the parties the right to inform the book", it is also
reflected in the Justice Department in November 2006 began investigating , in January 2007 an administrative punishment, but as early as May 2006 on the seizure of the applicant's lawyer practicing certificate, and did not give any suggestion
that child. The applicant proposed such serious procedural violations of the law, Justice Department, in its reply, the book does not make any reply, shall be deemed unlawful Department of Justice recognition of their punishment procedures. Reposted elsewhere in the paper for free download http://
After reading the reply virtual Provincial Justice Department lawyers countered Zixu submissions and comments I
feel moved, can not help but give birth to two questions: How should deal with Justice Department lawyers? How can I manage the lawyers?
Provincial Justice Department's reply from a virtual book, I saw a lame argument, the Health and pull strong sets of ways to kill a few home lawyer and then fast murderous, a lawyer from Zixu rebuttal comments, the authors saw as a weak side, worked tirelessly the pursuit of legal reason, law, begging for protection. So, why should we find ways to abuse the judiciary to the lawyer as an enemy to fight it? A "social observer" that for three reasons, one in police, prosecution, courts and the judiciary that the four of them, the smallest power of judicial and administrative organs, their desire for power to be the leaders a chance to show too small, it needs at critical moments of the usually not to their own lawyers
looked down on some remediation to achieve their own lust for power; two is a lawyer and judicial administrative organs compared to the management of income is relatively high, but many lawyers very rarely think of it, "home to see look ",
which also led to a" mother "and the judicial and administrative organs of the lawyers too lazy to protect the rights of the individual quality of the poor even always want something out of what lawyers, that the car he was standing on the sidelines, or earnestly wish to gloat over Yehao Counsel to entreat him; Third Bar Association's position is too low, such as a virtual province, Bar Association Zixu lawyers and others with matters of opinion was whether the Justice Minister's words to the lost. For this "social observer" of the three reasons, I do not agree with the previous two reasons, because in the judicial and administrative organs of a good leader, after all, there are many good cadres, the former for two reasons just described the judicial the
executive authorities in a very small number of low quality of those Family Resource Centers, the author himself the first few virtual Provincial Justice Department and law office management deputy director of the Director of both the mood is
with great admiration, their love for lawyers extent people are very moved by The. Even now, Ukraine has a Municipal Judicial Bureau deputy director in charge of work as a lawyer, is also a city of Ukraine has been punished several lawyers feel bad. I was in Uzbekistan with City CPPCC know him, and I are just nodding acquaintance with him, he is not the author's
superior, but his man's character and extent of lawyers care so that I pick up a pen to write in this section, the came as somewhat of eyes filled with tears. For the third reason, I agree, because I noted that, as lawyers Zixu author's "true story of the virtual launch" a series of articles reposted elsewhere to virtual Province Lawyers Association Web site's forum, a virtual Province Lawyers Association web sites
transmitted from other sites the author in the part of the chapter in a series of articles, most recently the site forum postings have been deleted in its entirety. To this end, the virtual Province Lawyers Association Professional Committee of
a member of such a right laugh at the author: Some say Lawyers Association is the judicial and administrative organs of "second wives", but I think that is not as Zanzhe Lawyers Association with mistresses, mistresses others can also be used discuss the way was a little fractious interests, but let's Lawyers Association in the judicial administrative organs in front had no chance even fanciful.
I think that when we made in the formulation of a law or a judicial interpretation of the time, is vowed that from the
legislative point of view the spirit and human nature should not be pursued and punished, all strong pull into the "criminal elements "or" administrative punishment relative people "circle, or as much as possible to their exclusion from
legal action being a" red line "beyond, not just legislators and the power to make judicial interpretation of people's humanity positions, is also building a harmonious society of our day under the concept of thought-provoking questions.
Italian jurist Beccaria in more than 200 years ago, that "the purpose of punishment is neither to cripple and torture a perception, nor is the elimination of crimes have been committed." "The purpose of punishment alone is: stop criminals from re-abuse of citizens, and the precepts of
others not to repeat the same mistakes." "A proper sentence, and its strength long as it is enough to deter crime."
Of course, Beccaria said was the purpose of punishment. Well, I thus thought that the purpose of administrative
penalties, not to make a people are unemployed, nor that he
has committed to eliminate errors, the purpose of administrative penalties are no longer only lies in educating a relatively mistakes and not repeat the mistakes of others precepts , a proper administrative punishment, and its
strength is no longer just enough to educate people to make the same mistake is enough. Then, I believe that judicial and administrative organs of the important functions is to protect the lawyers as much as possible according to the law, rather
than as much as possible to combat illegal. When we murderer can be "less favorable relative to economic," we, when our Supreme Court and local courts are in the administrative trial, to explore "reconciliation" mechanism to promote
harmony and resolving contradictions, when we have the Party Central Committee has repeatedly emphasized that requires us to seek truth from facts of the scientific development concept, in order to work together to build a harmonious society, our judicial and administrative authorities are not law enforcement but also a change of philosophy, for those who
have no legal or law expressly provides difficult to confirm, not sure whether or constitute a "bribe "behavior should be criticized and educated mainly as far as possible without penalty or converted to a lesser administrative punishment, so
that is consistent with our idea of building a harmonious society. We might make the assumption that if the virtual Provincial Justice Department can take the initiative to withdraw the relevant lawyers practicing certificate suspended punishment, act strictly according to law, no explicit
provision on the law or the law simply does not belong to "bribery" and not to punish or just to give a more Light to administrative punishment, then the lawyer will not only not be punished for administrative reconsideration or
administrative proceedings, and even not to apply for a hearing, not being punished and those who are not punishment, lawyers will be educated, receive lessons, practice in the future will be as much as possible in practice to abide by the discipline. As a result, the virtual Provincial Justice Department will not only not lose face, but will be embraced by the majority of lawyers, more conducive to the future management of lawyers. If the virtual Provincial Justice Department of Health Rachyan sets, and insisted on suspension
of the relevant solicitor's practicing certificate, then the administrative reconsideration and administrative litigation is inevitable. Despite the virtual Provincial Justice Department is entirely possible to use their right hands and
influence to make the administrative penalty to be maintained, but it will lose the general counsel's embraced. And because penalties for misconduct, will not be accepted by the general counsel, general counsel for the purpose of education is even
not be reached. So since, in addition to the community on a few more unemployed people, a waste of resources for legal services are not adequate, so that more lawyers will no longer believe that the law, the virtual Provincial Justice Department, the community 100 of this punishment harm than good. At the same time, the virtual Provincial Justice Department can not be completely ruled out the possibility of eventually losing, even though that may be small. If the highest judicial administrative authority or people's court
will strictly according to law, the virtual Provincial Justice Department the possibility of losing in turn be significant. If the complaint argues that punishment, the virtual Provincial Justice Department, eventually losing in turn was
inevitable. Because our country's legal system is to the health and rational direction, while the virtual Provincial Justice Department in the above practice is clearly contrary to the direction of progress in China's legal system. By that time, the virtual Provincial Justice Department may really want to not only lose face, but also the people had lost.
Judicial and administrative organs, you are not, as lawyers mouse cat, nor is it as counsel to the offender the police, you are a lawyer her family members, you only care
lawyers understand the law, with "mother" and the tolerance and generosity, in order to go to Education Law, possession of a good lawyer.
Notes and References
1, Liang Zhiping, "France and Italy and compassionate grounds", China Legal Press, 2004 edition.
2, [Italy] Cesare Grebe Caria "On Crime and punishment",
Founder Press, 2004 edition.
3, Li Li, "Let God laugh thinking", group words Press, 2006 edition.
4, Xiao Yang, "Supreme People's Court Work Report", March
13, 2007 in the National People's Congress. Reposted elsewhere in the paper for free download http://