Li Zhuang observation on the depth of the case

 In the moment that many people of color some confused, some confusion of the moment, Li seems to have been the case is not a simple case, but rather a company of people outside legal circles are talking about or even talked about the talk. However, as scholars, they maintained a fairly rational. whether you say spectators
text / Zhang Qianfan
a mature society will never abandon the rule of law for any reason, and the immaturity of Chinese society is precisely reflected in the part of the large number of Internet users, in order to achieve the goal of a quick success and give up easily the rule of law
Recently, Chongqing , Li Zhuang my guilt is secondary. either from the quality of justice, the government of an up to 16 hours until late at night like a marathon trial in order to complete a dignified way possible goals. not to mention the police handling of the evidence appears in a variety of issues (such as the defendant allowed to hire a lawyer to appear before a cross-examination, eight witnesses testified for the prosecution did not actually appear in court all. so, whether the subject is torture Gang Gong mode, whether the police found illegal by Li Zhuang and shifted the blame to the basic facts are impossible to figure out, how conviction for the Li Zhuang?
presence in China of judicial decisions would have been too simple, a serious shortage of reasoning, judgments are listed more than 90% of the facts, and finally concluding to add articles, is the verdict of the. This shows that findings of fact judicial decisions is particularly important for China because it is almost all the decisions. lizhuang total of ten cases of first-instance ruling is the fact that a list of ten pages, and finally to a the degree of harm to society, in accordance with cross-examination of the case, how do we judge the authenticity of allegations and behavior of the come from? findings of fact and reasoning opaque and cause great justice does not exist any, further reducing the credibility of the judiciary and the judicial process for political power to interfere with opening the door.
a few of these chronic problems of justice decade entrenched, not because of judicial reform in recent years has touched the prosecution of Li sentence just the way they are in a very prominent people in the country again under the eyes exposed to it.
reform and opening up, the growth of lawyers important achievement is the rule of law. As the voice of civil society, lawyers standing on the opposite side of power, in maintaining civil rights, the backbone of the abuse of public power to compete, but also repeated in the crusade limit public power, squeezing and even against retaliation, the prosecution of Li itself would suffice.
other hand, as part of the judicial system, lawyers in China to share all the defects of this system. lawyers and judges like a pair of Siamese twins, and the interaction constraints the other's progress. Since the low quality of judicial decisions, actions do not determine success or failure of reasoning, the court rules of the game is still human, relationships, power, then the legal quality of lawyers would be higher, the judiciary can not extricate themselves are caught Corruption traps; a corrupt court Even a small number of lawyers against corruption may also be justified because of the lack of rights approach, and had to resort to extralegal or even illegal means. lizhuang exactly which type lawyer, is currently no legal theory, but whether he is a hero or a sinner, LI Zhuang cases are the legal rights to show us the difficulties and the status of lawyers is not optimistic.
last and most important, the case exposed a considerable part of Li Zhuang users awareness of the rule of law is weak. I was looking forward to the legal quality of Internet users do not high, but some users of Professor Zhao Changqing agent , who does not seem to attack not hesitate to stand in the opposite of the rule of law. However, this also reflected the danger of Chinese society. because many crimes is a tempting and even sacred to the name of openly launched; If there is no rule of law and security, the so-called part of a large number of Internet users in order to achieve the goal of a quick success and give up the rule of law. probably only again and again to let them see the cost of betraying the rule of law, so that they understand the real world is not as black and white of good and evil so clearly propaganda, the Chinese community can mature, the majority of Internet users will really believe the rule of law.
reason why awareness of Internet users is important, because they do not just rule of law in the event the prosecution of Li and other spectators, or non-Chinese society The ultimate judge of. the court may sentence Li Zhuang, the court may be wrong, but people will always reserve the ruling final. If the people lose their criteria for judging right and wrong, then the behavior of judges and lawyers, bound to lose the moral basis; if People do not accept, do not believe in or do not really understand the rule of law, then no country in such a weak rule of law may be constructed on the rule of law soil.
low quality of judges and lawyers of course the rule of law is a serious flaw, but a poor sense of the people of the rule of law is the most fundamental flaw.
(Source: Chuang suspicion of perjury, by Chongqing Jiangbei District Court sentenced two and a half. The court's decision for the following reasons:
Li Zhuang in Tam Rengong Gang mode defender during the use of meeting with Gang Gong model of the machine, to the Gong Gang mode read co Confession, abetting Gang Gong mode fabricated by public security organs torture confessions, ordered Wujia You bribing the police prove that Gang Gong die is torture; lure Gang Gong model wife Cheng Qi for Gong just die to be extortion of false testimony, instructed Gong Ganghua arrangements Poly company staff on false testimony to the Chongqing City, the first Intermediate People's Court to submit notification Gong Yunfei, Gonggang Hua, Cheng Qi applications such as witnesses, the acts that hamper the normal proceedings of the judicial order, constituted a defender or fabricate evidence, obstruction of the crime to testify, according to the law should be punished. prosecutor accused the defendant Li Zhuang crime facts were clear, there is ample evidence, guilty of the allegations.
Jiangbei district court's decision, the law is passed, what kind of signal?
one co-counsel shall not read to the accused person confessed. Counsel for the accused to defend, we must first verify the evidence the prosecution against the accused. lawyers both to verify the defendant's own confession, but also to verify the co-person confessions. Only through such comparison and verification in order to ascertain facts of the case authenticity. But the Jiangbei district court's decision clearly shows that this is a crime. This is the first case, a signal to pass sentence. According to my criminal procedure law, the commission defended the rights of the accused. The defendant is not a lawyer, you can own defense. That is, if Gong is not a lawyer just die if he can defend themselves. When Procuratorate its indictment to the court, he is entitled to their own to the court view the evidence, or you can ask the court to present evidence to show it to him. read the indictment The people know who the case co-indictment statement as an annex to the court. while the indictment served on the defendant, the defendant shall be served on the annex to the indictment. the case raised the question: the defendant before the hearing, with or without the right to know the charges and evidence against him? Jiangbei District Court's answer is that you can understand the charges , but not to understand the evidence.
II, ; to lure his wife die Gang Gong Cheng Qi Gong just die to be extorted for the false testimony, instructed Gonggang Hua Poly company staff who arranged a false testimony. so-called into the the crime, prosecutors have not cited an indictment in criminal law, conspires does not appear in court, does not affect the evidence of effectiveness. As users observed, Gang Gong mode can testify to the CCTV, you can testify to the prosecutor, but that is not to testify in court. of law, the witness should be present in court, accepting the court cross-examination , do have special circumstances, it may not appear in court. the case of eight witnesses, did not put forward any justification, refused to appear in court to testify. in accordance with law and jurisprudence, without cross-examination of witness testimony, not as a decision basis. the case without witnesses justification, refused to appear in court, according to the law should force their testimony proved to zero and thereby eliminate the contempt of court. Jiangbei District Court's decision this case is that the witness appear in court without justifiable reasons, does not affect the validity of evidence.
four, ; winking, Li Zhuang and abetting perjury, and Li Zhuang denied, in this case, it should be how to determine the facts. according to the criminal proceedings The ruling established that when the defendant denied allegations his lawyer and the lawyer's case, the defendant collected the testimony of priority, that testimony is Chuang verdict The case against Li rough time, was fresh impression: conduct of the trial judge to support the indictment of the prosecutor, the defendant's lawyer, Li Zhuang participation, no do not do exercise considerable subtlety of .16 hours of the war of words, laughing Rage, understanding of the legal issues of mutual survival ambiguity, the attitude of the evidence is quite different. A trial of the word but provides a vivid though not a typical case, proof of illegal unfair defense program would not serve the function, it is impossible to achieve substantive justice. confirmed the basic content of Large Professor Dr. Wang Yong's famous thesis 10 years ago: ; He spoke captivating, how fair!
People remember that, a pleasure to , followed by a ; enemy not problem, a deviation from the direction of a legal settlement, this is the case in the development of the total source of conflict.
litigation task force for the success or failure, do not study history, the Cultural Revolution popularity should have known evil. the rule of law era, This is undoubtedly the most backward form of the trial system and organization; now regained, it is backwards.
Li Zhuang renovation project, a mammoth, it seems, die Gang Gong. Gong who have been torture if in fact this is the focus of the case. the first instance without trial do not ask, management of First Instance against the conventional ad litem. such as whether the identification of torture, the judge, without cross-examination, the conclusion can only language the hard judgments outright, said: reduction due to abrasion flora remaining after blunt object r is caused by torture. charge at the prison, who is in what slip in the past. judge to support, according to was: ? Regardless of police, doctors testimony without cross-examination, physical examination say no doubt point, in short, can not be used as evidence, not to mention it with Gong's accomplices Fan Qi Hang court calendar Chen suffer torture inquiry if the circumstances are poles apart, and Fan for with the original Gong I told the lawyer is the case no second cause, Details: a trial of words found, door . I will not speak of this documentary evidence, had to be delivered without cross-examination in court, here to accept oral and written report is only detention center officers, far from the case of Wen Qiang project contractor personnel, is indisputable. As for the prosecutor's state of mind depicted and specific implementation details, the difference is large, self-evident. Two different versions of the conflict reflects the formation of ?
we all know, the testimony of its proceedings in line with the direct, language principles attention. but the evidence is very unstable, and often controversial, proved not strong, often wrongly injustice for us. the actual occurrence of torture v. Law is the civic duty to testify in the regulations at the same time (Article 48), explicit requirements judicial interpretation accordingly: license, do not appear in court. Looking at the rules and listen to the statements of witnesses is actually part of the jurisdiction, is no substitute for power; the same time is a necessary exercise of jurisdiction procedures and statutory requirements, an obligation. Lee case, the word of a trial explained: ? ruling added: The cross-examination, difficult to distinguish the actual situation. read the case of management regardless, he just arbitrarily determine the parties perjury!
people to ask: What card lizhuang pseudo? expressions that? with this, Lee no contact with prosecution witnesses, which permits them to do what has been such as undocumented pseudo-fruit, the establishment of perjury Why? composition analysis from the crime, the crime of violation of the object first, the criminal activities of the judiciary, and second, of civil rights. study the behavior of Li Zhuang met the defendant in the final analysis is nothing more than to understand situation, research, and his actions which violated the object? object does not exist, what charges can be set up?
However, developments had been expected, the first instance or the efficiency of its predecessor, citing Article 306 of the Criminal Code a crime sentenced innocent . Our compound, from the poem those who misuse wronged hundreds of inadvertent negative consequences legislative skills, which completely corrected. Otherwise, the defense system will weaken, it is inevitable transformation.
Li Zhuang convicted a second trial will be maintained. on This seems not discouraged. is discussed in depth by this example how to share the honor of promoting the development of the rule of law; lawyers are to draw lessons, strength of character to the superb professional and self-perseverance, duty-bound to make every effort to counsel the healthy development of the system. miscarriage is inevitable; off the ground term: we should see the hope.
2010.1.14 in Beijing
(Although a ripe old age is still part of the founder)
What can we do?
text / Li Zhuang Liu Sida
down after the verdict the case these days, my mood has been very good, I do not know why, actually always thought of Lu The phrase point of view, Li Zhuang lawyers ultimately have little possibility of innocence, since all of Chongqing's leaders decided, what use there is no appeal, even if the final appeal to the Supreme Court, without the direct involvement of the central leadership, I am afraid will not have any real effect. So, what can we do? Is it really only like Lu general saying that A scholar living abroad, I deeply know that, either for Li Zhuang individual lawyers or law firms on the whole of China, the things they can do it too limited, in addition to write a few essays to blow off steam, the honest, solid , pragmatic and do their research, the rule of law in the process of these various events faithfully recorded, is the right way, it was worthy of my own conscience. This time I was so concerned about the rule of law in China on a long road cases, not only because these years travel extensively throughout the country by many of the teachings of the lawyers, but also because much of the lawyer to understand more about many things almost empathy. China's law firms is quite a mixed bag of occupations, issues the sand, my previous article, also wrote a lot, but I study longer a lawyer, the more recognition, a long-term concern of teachers of Chinese Lawyers word, he said, lawyers do not face a bull, in fact, a lot of lawyers in the elite have earned had the money, there had been a officer, but also talented, and you serving in his official career earlier than you, no lawyer can not do the two erupted. the prosecution of Li in the performance of lawyers around the country, has been fully demonstrated this point, there is rise up, there beating the drums, there sped his pen, there are ideas of the hh and all this not because I have these lawyers and Li Zhuang what relevance, but only out of professional peers identity and In fact, the appeal has already started, since 1997, After the arrest, Yueyang City Bar Association has issued over are clear cases history of suffering because the police, prosecution is too strong, or because the political status of Chinese lawyers is too low, too, ; the Lawyers have long ordinary people one-sided understanding, these are good. But as a people who studied law, and justice programs that case were rape naked public power, I do not know what it feels like you are, anyway I feel only words mm shudder. The case against Li guilty verdict for the entire industry of lawyers, is all I worried about. we all know, the criminal defense lawyers to difficult, I'm 13 last year, the country Small City criminal defense lawyer working conditions carried out a sociological survey found that the number of lawyers from all over the world all said, in fact, is a criminal lawyer get money. The reason is simple, since the lawyer could not meet with the investigation stage, the prosecution stage not evidence, the trial phase can not read files, court and just going through the motions, it is not get money for that? and the reasons causing these strange phenomena, is it that lawyers do not have the professionalism and dedication it? Clearly not. China's Criminal Law defense of the difficulties and dangers, its roots in the criminal justice system of the existing variety of institutional constraints on lawyers, is that public security organs, not completely change the criminal defendant little money. In contrast, Li Gong case lawyers in the performance, in fact, very rare, because he knows there is a risk, or do all the parties to gather evidence in its favor, even if the 1.5 million in legal fees eyes of some people is an astronomical figure, but at least the parties can be considered to take the money, for the parties to do practical things, and absolutely not flicker party mountebank. In this sense, Li is a competent, courageous, worthy of respect lawyer, as he wanted to collect the evidence is not ;. consequences of doing so is heavy blow to the country all the true effectiveness of the criminal defense lawyers still have hope for the future, I am afraid that lawyers do when criminal cases do not want to get money can only get money out . I really want to ask the leaders of Chongqing justice organizations, and you open the ;? not me alarmist, this unwarranted guilty verdict if the final can not overturn it, since no criminal defense in China.
Some might say, no to non-criminal defense criminal defense bar, as long as our justice organizations carry out their duties, based on facts and law as the yardstick, so are able to adequately fight crime, protection of human rights, what is wrong? I think that such things must not realize that human dignity had been when the public authority without trampling help, even I do not personally experienced those inaccessible, not to mention some of the or not and call for a long time, which is why the United Nations .
So in fact we can do a lot, both for my lawyer Li Zhuang, China Lawyers, or the entire legal process, can in the end how to do that, it seems that no one knows. In fact, if you do not see into the future, then, let us start from the front bar mm lawyers, please unite with the support of Li Zhuang, a total anti-Let the facts and evidence speak; prosecutors, please put the location, do not own when the hall, and never to take counsel as an enemy; jurists, ask yourself whether you are the mouthpiece of the government, or academics hh As for speaking our minds I am back in the prosecution of Li before, it has been determined, so the immediate fame of these are done, I want to concentrate, to write a contemporary Chinese legal history, from 1979. so I wrote in 2009, when probably already Liangbinbanbai, and at that time, lawyers do not know whether Li Zhuang still alive, if still the case, I have to take a piece of paper, go to see him.
(of the University of Wisconsin, the United States Department of Sociology, Assistant Professor, School of Law)