This fear has become a reality. According to Yang Xuelin's trichotomy, non-core lawyers seem to be classified as a group with moral problems. This has aroused the dissatisfaction of many lawyers.
Lawyer Wang Lifeng wrote an article "Secrets of Ordinary Lawyers Turning to Deadly Lawyers" with satirical style, which described the planning road map of a deadly lawyer from receiving cases, meeting, trial to closing cases. It is quite accused that the lawyer who died likes hype, grandstanding and disregarding the interests of the parties.
Lawyer Huang Yunzhong pointed out that diehard lawyers are very coquettish. He criticized diehard lawyers for not transmitting positive energy. "Put yourself on the opposite side of the system and entertain the society with performing arts. The heart of greed is higher than the heart of justice. It destroys the normal legal system in excitement and leads the lawyer industry to the point of no return. It is very vulgar. "
Criticism of diehard lawyers is not only from the industry. Frequent stuttering cases have also attracted the attention of senior officials in the Supreme People's Court. Protesting in court that Weibo was expelled from the court ... These performances were summarized by Zhang Jun, the former vice president of the Supreme People's Court, at a judge training meeting as a lawyer's "noisy court", demanding that judges strengthen their ability to control trials.
Perhaps the most dangerous controversy among die-hard lawyers comes from within. Chi Jisheng said that die-hards sometimes die. Two lawyers, He Si, who became famous in the "Li Zhuang case", did not admit that they were die-hards, but they were hardly absent from a series of big die-hards.
The conflict first occurred between Chen Youxi and Yang Jinzhu. Two lawyers who fought side by side suddenly broke up after the "Beihai case", and each side wrote several articles accusing and exposing the other side. Since then, there has been another argument between Li Zhuang and Sri Lanka. Many lawyers don't want to talk about who is right and who is wrong. In fact, these arguments have evolved into Rashomon, and different people will construct different "truths". Some people think that it is mainly a dispute of ideas, while others interpret it as a dispute of merit.
Dead lawyers are also trying to eliminate misunderstandings and disputes. Their first step is to clear their reputation. Yang Xuelin thinks, "Many people have misunderstandings about the diehard faction, as if they were fooling around. We copied everything in the criminal procedure law and asked the court to do it in accordance with the criminal procedure law. If the court does it, it will not die. "
Lawyer Wang Fu has been a member of the death hacker group since the "Beihai case". In his view, the key to misunderstanding is that the way of death is too simple, which is nothing more than the procedure of applying for withdrawal, being expelled from the court and death. However, the technical content of defense words and defense strategies in court is invisible to the public, and it is easy to form the impression that die-hards have no skills.
Lawyer Zhu Mingyong, called a legend by Yang Xuelin, has a glorious history of "death", but he doesn't want to call himself a death lawyer, because this concept "literally can't understand what the real connotation is". In his view, in a sense, rote learning means "resolutely fighting against the illegal acts of the judicial organs", and the lawyer's greatest weapon is the law.
Although none of the die-hard lawyers are lawyers in the system, they are also seeking ways to coexist with the system. Yang Jinzhu wrote in this year's New Year message: One of the New Year's dreams is to "make the ruling party more tolerant and respectful of stubborn lawyers". Before the lawyer's death, some rights lawyers or human rights lawyers appeared, focusing on public welfare rights protection and promoting social progress through individual cases. In Zhu Mingyong's view, the difference between them and diehard lawyers is that diehard lawyers pursue case justice, while rights lawyers may harm their clients out of their ideals.
Even Yang Jinzhu, the highest-profile lawyer among stubborn lawyers, is quite pragmatic in Yang Xuelin's view. For example, he said that in a recent case, Yang Jinzhu "made great efforts in the early stage and was exposed by the Internet. Later, he conducted a harmonious trial and was silenced by the Internet. Why? Because the parties told the company that they had given in, they were proud. Lawyers change their strategies in time to maximize the interests of the parties. " Die-hard lawyers are essentially professional lawyers who pursue performance.
On July 24th, 20 13, Wu, deputy director of the Beijing Municipal Bureau of Justice, published an article in the Global Times, affirming the role of diehard lawyers and proposing that "the government should actively unite these lawyers to make them one of the decision makers", but at the same time reminding "it is forbidden to form opinions and actions against the government on a small scale in private, and draw yourself into the opposite of the government".
Many die-hard lawyers privately mentioned the recognition and appreciation from officials, or officials changed their previous prejudice against lawyers. Yang Xuelin clearly felt this difference after he represented the "Li Zhuang case". In the past, when he represented some sensitive cases, the relevant departments would talk to him. Since then, he seems to be credible, and there is no such conversation.
From causing ripples in the industry to inciting the process of rule of law in China, no matter what the reputation of a lawyer is, it will be an important stroke in the history of rule of law in China. Professor Chen Xingliang, a famous criminal jurist, believes that diehard lawyers are "not like lawyers", but "lawyers are not like lawyers first because judges are not like judges". He believes that "it is undeniable that diehard lawyers have promoted the progress of the rule of law by self-sacrifice".
2065438+On April 9, 2004, Qiushi Theory Network reprinted the article "Interpretation of" Fatal Lawyers "written by Sina blogger Qian. The article holds that legal person is a very sacred name. Most of the China 25 Wan Lv Teachers' College are conscientious and have made positive contributions to the legal system construction and fairness and justice in China. However, under the abuse of a few so-called "die-hards", the word legal person has been confused. They use the Internet as a platform to promote the trend of "constitutionalism", with the same goal of speculating negative public opinion and intervening in hot cases, taking the personal relationship between teachers and students, friends and colleagues as a link, and using the means of manipulating public opinion, signing up, inciting onlookers and gathering pressure to form an "alliance" with loose forms, close ties and consistent actions. This "alliance" has no respect for legal ethics and fairness and justice. It only has the ambition to monopolize the judiciary and challenge politics, and it has become a minor event, and the phenomenon of litigation, litigation and leading litigation has become more and more serious. It wants to be a judge in court, and always tries to be a hooligan whenever something happens. It is often labeled as "political persecution", just like the underworld in the legal profession, which seriously hinders the rule of law in China.
2065438+On May 8th, 2004, Global Times published Renping Shan's commentary "Die-hard lawyers don't overestimate themselves politically", saying that die-hard lawyers mostly engage in activities aimed at "protecting civil rights". Generally speaking, they have contributed to promoting social justice and developing citizens' ability to safeguard their legitimate rights and interests. Through the case and the case, the society has gained a new perspective on the rule of law. At the same time, the behavior of "deadbeat" lawyers also breaks through the norms of the lawyer industry from time to time. Some of them often show fierce political inclination, and their rights protection activities do not focus on legal means, but tend to be "socialized", such as mobilizing online public opinion, supporting or even participating in illegal on-site activities. Lawyers should usually be legalists, act strictly within the existing legal system, and conduct their business with this system as the only blueprint. However, some "die-hard" lawyers are more like "social activists" and "political activists". Their mission is to question and modify the existing legal system. This makes it difficult to describe the role of a "dead-knock" lawyer. Some of them are intertwined with their positive role in social progress and political destructive power. On the one hand, they promote the justice of judicial procedure, on the other hand, they do whatever it takes to achieve specific demands. On the one hand, they awakened some people's awareness of safeguarding rights, on the other hand, they merged with populist forces, leading to excessive interference of public opinion in the judiciary. Judging from the situation in recent years, there is a lot of room for rights lawyers to express their self-worth. Although some people openly express their opposition to the existing power system, their existence is actually accepted as long as they act in a legal way. Some of these "die-hard" lawyers are self-hyping, seeking fame and fortune, and the overall environment has not interfered.
..................... In this society, all people should have a sense of reverence for the law. Some officials have lost this awe, and as a result, people are constantly in prison. Some "die-hard" lawyers have also lost respect for the law from another direction, thinking that their values are the law, and acting according to their requirements is the construction of the rule of law, otherwise they are "maintaining autocracy" and "opposing the people". They are somewhat naive in politics and arrogant in personal character, which makes their views on the trend of the times deviate. "Die-hard" lawyers have become active groups of "dissidents", which has stimulated social reflection to a certain extent, but they have lost the ability to reflect. It's dangerous. They must admit their own limitations, and never consider themselves the breakthrough and decisive force in the construction of democracy and the rule of law in China. Such self-political overestimation will lead to many behavioral mistakes.
Lawyers who die are faced with a lot of helplessness, and it is inevitable that there will be helpless moves! However, if lawyers want to gain wide social recognition, they must take a different road from the traditional one-relying on rigorous logic to win the applause of the times and stand the test of history; Use the lawyer's experience to enliven the life of the law, not to make trouble without reason.