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Yesterday (May 24), there were two absurd events believed to "leave a mark in the history of the rule of law in China", which triggered rounds of heated discussions.
Both absurdities are related to the court that expels lawyers in court.
One is from the south. Yesterday morning, Chen Xianqing, chairman of Sanya Haiyun Group, was suspected of false litigation, contract fraud and other crimes. After the division of illegal cases, the case of the other five co defendants was scheduled to be held in the ninth court of Haikou Intermediate People's Court.
Before the opening of the court session, the defender entrusted by Chen Xianqing, the famous "Zhang Dapao", Peking University Doctor of Law, and Zhang Qingfang, a lawyer from Beijing Handing Handing United Law Firm, entered the court and was asked by the bailiff on duty to withdraw from the court.
Lawyer Zhang, holding a lawyer's card, told the bailiffs that today I am defending my right to defense in accordance with the law. I will see the presiding judge and the collegial panel. After hearing their explanations, I will leave immediately.
The bailiffs don't listen to you. In their eyes, law is just the judge's personal opinion. So a group of bailiffs rushed forward and forced the bald barrister out of the court.
The legal media circle was shocked. Thousands of legal words asked, "Why did you take lawyer Zhang Qingfang away from the court by force?" When listening to the rain in the mountains, he Guangwei, a senior media person in Portugal, publicly condemned the Haikou Intermediate People's Court's rude treatment of defense lawyers, asked them to immediately correct their violations of the law and apologize to Zhang Daqian.
Excited. sit down!
What's so remarkable about the court expelling lawyers? On the 18th of last month, Gao Bingfang, a female lawyer, was accused of false litigation for asking for migrant workers' salaries in the Daiyue District Court of Tai'an, Shandong Province. Zhang Xinnian, the defense lawyer of Gao Bingfang, was kicked out of the court by the judge Zhang Li.
How about that? After more than a month, Zhang Li is still a judge, and Zhang New Year is still a lawyer. Is there any change? Since it won't change anything, what's the big deal about driving you out?
Not only to kick you out, I just did the work of the second trial in the first trial, and I asked you -- take -- don't take -- take?
Everyone in this room is filled with indignation and indignation, so that you can "take" at the right time. Tai'an Daiyue District Court, two thousand kilometers away from Haikou Intermediate Court, which expelled lawyer Zhang Xinnian last month, strongly echoed Haikou Intermediate Court's action to drive away "Zhang Daqian", and released a big move, a preliminary criminal judgment issued by Daiyue District People's Court, The signature was stamped with the red seal of "Tai'an Intermediate People's Court".
Just ask whether you accept it or not? Are you convinced? Written in black and white on the judgment: If you do not accept this judgment, you can... go through this court or directly Appeal to the People's Court of Tai'an City, Shandong Province 。
The climax came again. Some say that the judges are from the Daiyue District Court, but the big seal is from the middle court? Some said that the "superior" not only gave guidance, but also directly used seals.
While shocked, some people kept awake. Lawyer Liu Jinglai believed that 99.9999% of such pediatric and epic absurdity could not happen.
But it happened. I really don't want the fig leaf.
After being shocked and appalled, everyone was completely uneasy: it turned out that the guidance of internal audit was true.
In recent years, the lawyer Fu Shifeng, who is in the limelight in the lawyer circle, called it "the true and false Monkey King of Tai'an". Lawyer Fu doesn't think that this is due to the negligence of a careless clerk, which can cover up the past, and the exposed problems are really serious. Lawyer Fu said, why can the clerk of Daiyue District Court hold the electronic seal of Tai'an Intermediate People's Court? After all, this needs to be checked at all levels.
Lawyer Wang Cailiang was distraught: I had hoped that this was false, and I didn't believe that the court was involved in this, but unfortunately it was true, and it was an electronic version of the same judgment.
This event caused shock and shock because it challenged common sense too much and stabbed the buttocks with a knife - too eye opening.
How will the court interpret this matter? Yesterday, the relevant personnel of Daiyue District Court responded to the well-known We Media "salted egg bot" and said that the seal problem of the above electronic judgment was caused by technical failure.
"This is a systematic error, because there are too many pages in the judgment. When inserting (stamping) the seal, the technician (staff) helped coordinate and made a mistake. It is really a fault, and the system is dealing with it." The staff of the Daiyue District Court said that the paper version of the judgment is correct, "(only) the electronic version has a fault. We have been communicating (with the defender)."
This explanation, how to say, is like the husband wearing the wrong underwear of his wife. There is no need to explain, but the husband is wearing the wrong underwear. I'm afraid it is not easy to explain clearly.
Why did the criminal defense lawyers react so much to the "decision of the district court with the seal of the middle court"? Is it because they don't know the internal trial? Someone directly pointed out that knowing that his wife has a mistress is different from seeing the mistress's clothes on his bed in terms of psychological feelings.
With this in mind, will you still struggle with the question "Why should the court expel lawyers?"? Maybe one day, there will be no need for lawyers in the court, so as to save the need for lawyers like Zhang New Year's lawyers, they will try to apply for Zhang Li's withdrawal on the grounds that the presiding judge Zhang Li "can't handle the case fairly", and directly send you out. Even if there is no lawyer, how can you apply?
The main reason behind the "Zhang Dapao"'s failure to "approve" your defense, in the opinion of lawyer Fan Chen, a partner of Beijing Jingshi Law Firm, is probably not because of the "times" entrusted by the client, but because you are a "prickly lawyer" who likes to fight hard. Lawyer Fan Chen, what's the big truth.
Without lawyers in the court, you can't find the judicial scandal that the superior judge of Zhongtianjun County Court in Haixi Prefecture, Qinghai Province commanded the court of first instance to open the court through WeChat remote control, and was caught by many criminal and defense lawyers on the spot;
Without a lawyer in the court, you can't pick on Judge Xu Lian, the vice president of the Criminal Trial Division of the People's Court of Binhai County, Yancheng, Jiangsu Province, who forged the record of pleading guilty in court and questioned the witness as a prosecutor;
Without lawyers in the court, the public will not be able to see the true face of the "iron tiger stool" of Xuanwei Court.
Like lawyer Yu Kai, Zhang Wenpeng, etc., who have been reported by the media for many times, you are always following up to report such shady things as the bribery of judges by the leaders of the Law Association. When such lawyers enter the court, how can the judges' heartbeat be stable and unsteady, and how can the court trial proceed normally?
Haikou Intermediate People's Court is not the first time to expel lawyers, and the expulsion of lawyers did not only happen in Haikou Intermediate People's Court and Daiyue District Court.
What can you do if Haikou Intermediate People's Court expels a lawyer once and another time. After the Daiyue District Court expelled the lawyer, it simply stamped the seal of the second instance on the first instance verdict. You have no objection.
It is also the court that expels lawyers. Maybe Haikou Intermediate Court will give you a big move next. Don't doubt it.
Who says lawyers cannot be expelled? (Author: Object)
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