202 1 February 6th
Lawyers are a mysterious and special group, which makes people both familiar and unfamiliar. There have always been different opinions about the profession of lawyer. Some people say it's an angel, others say it's a devil. One moment it was lifted to the sky, and the other moment it was thrown to the bottom of the sea; Sometimes people are reviled and sometimes people are praised. In short, lawyers make people love and hate, or love and hate, and it is difficult to express them accurately in the right words at once.
I love it because lawyers are indispensable in people's social life and play an important role in solving problems, fighting for rights and interests, punishing evil and promoting good. I hate it, because some people think it speaks for the bad guys, exploits the loopholes of the law and excuses the bad guys.
This group is special because it is neither a government organ nor a judicial organ, nor a mass organization; It is neither a company, nor an enterprise, nor a non-profit organization. In short, it is difficult to find an accurate word to define its connotation. It is mysterious because it is not understood by outsiders and often shows a colorful life. Why is this group so colorful? This is because the composition of this group is very complicated. Most of them come from different social classes and represent different interest groups, which determines the different value orientations of members of this group, that is, different values, and will inevitably show different external forms.
Some of its members come from government officials, some from public security organs, procuratorial organs, political and legal organs, some from soldiers or workers, farmers, individual businessmen, students and so on. It is precisely because of such a complex structure that it shows the characteristics different from other industries, which also determines the different values of its members. It is precisely because of the different values that its members have different forms of expression in the process of performing their duties.
It is called an angel because lawyers have made contributions to punishing crimes, protecting people and safeguarding citizens' legitimate rights and interests, and have been affirmed by the people. It is called the devil because lawyers are also entrusted by defendants in criminal cases to act as defenders in the process of performing their duties. People may say that lawyers speak for bad people and protect them from punishment because they lack legal knowledge and have a low level of understanding. These are people with self-emotional judgment, which is understandable.
In fact, lawyers are neither angels nor demons. They are just legal workers who have obtained judicial qualifications and performed their legal duties according to law. Perform duties within the scope prescribed by law, accept the entrustment of the parties in civil cases, and safeguard the legitimate rights and interests of the clients according to law; They also accept the entrustment of victims in criminal cases, safeguard their legitimate rights and interests, and demand that criminals be severely punished according to law; Or accept the entrustment of the defendant in a criminal case, and find out the facts of the case according to the facts, laws and judicial organs, so as not to spare a bad man or wronged a good man, so that the facts can be clarified during the debate between the prosecution and the defense, and then the judge will judge the defendant according to the found facts and relevant legal provisions.
These are all doing their job, and the goal is the same, all in order to ensure the correct application of the law to handle cases. But in this group, a few lawyers, driven by interests, lost the bottom line and made some regrettable things. But more people are people with conscience, discipline, loyalty to the law and love for the people. There are many chivalrous lawyers with blood and backbone, and there are also female heroes who don't want men. They have made due contributions in the process of maintaining social fairness and justice.
Some people say that lawyers are not judges, and their scales are always tilted, because accepting the entrustment of one party always harms the interests of the other party and will never be fair. This statement is one-sided. Lawyers are legal workers. They protect the legitimate rights and interests of customers within the scope prescribed by law, and will never abuse their powers to harm the interests of either party. It maintains social stability and harmony in special posts and serves the stability and unity of the people. Resolve contradictions, reduce disputes, and play a role in stopping disputes. It achieves the goal of maintaining fairness and justice through its own work, so that some unfair and unjust phenomena can be solved through the work of lawyers, thus cooperating with the judicial organs to achieve the goal of maintaining social fairness and justice. Although lawyers are not staff members of the judiciary, they are not a group opposed to the judiciary, but perform their duties to protect people's lives and property in their posts like the judiciary.
However, it is reflected in the exercise of the will to power through the agent's behavior. It can't actively exercise its rights like the judicial organs, and it can only perform its duties under the premise of the authorization of the parties. This determines its passivity and subordinate position. However, this will not affect the role of lawyers in protecting people's lives and property.
Because the cases represented are different, the status and role of lawyers are different. In civil cases, lawyers have no independent status and can only exercise their rights within the scope authorized by the parties. In this process, the lawyer is the spokesman of one party. All its activities must be approved or authorized by the client, and when decisions need to be made, it must be approved by the client, which is also its subordination and passivity.
In criminal cases, lawyers, as defenders of defendants, have an independent position. His defense views can be consistent with or different from those of the defendant. Consistency or difference depends entirely on the lawyer's judgment on the case and the defendant's facts and evidence, and the defendant's consent is not required. This is also determined by the independence of lawyers as defenders.
The reason why the law stipulates this is entirely from the perspective of maintaining social justice. Because another duty of lawyers is to safeguard social justice with the judiciary. This is especially obvious when serving as the defendant's defender. In the process of court investigation, the procuratorial organ exposes the facts of the crime from the front. Lawyers, on the other hand, prove whether the criminal facts really exist from the opposite direction, thus preventing the procuratorial organs from preconceptions and ensuring the objectivity of the case trial. Only in this way can we achieve the goal of not wronged a good man.
However, although the law does not stipulate that lawyers have the obligation to find out the facts of the defendant's crime, lawyers should not hesitate to come forward and expose the crime if they find that the facts of the crime may be wronged or let other bad people go if they are not made public. At this time, lawyers stand on the standpoint of social justice, not just considering personal gains and losses. Lawyers should hold the sword of justice and fight crime with confidence. This is the true nature of lawyers.
Sometimes, a lawyer is like a lone ranger, full of chivalry and tenderness, and his loyalty to the law and love for the people are integrated into his feelings, so that he can make the right choice in the face of interests and justice, rather than being mercenary. Some people say that lawyers, like businessmen, are all mercenary. This statement is somewhat biased. Although lawyers sometimes consider the gains and losses of interests, they are absolutely different from businessmen. In addition to interests, lawyers must care about social justice. Lawyers have firm ideals and beliefs, that is, the pursuit of fairness and justice. It realizes social fairness and justice through the process of performing its duties; It has a persistent pursuit, that is, loyalty to the country and people and faithful implementation of the law.
This also determines that this group can never simply pursue interests. Businessmen focus on interests. The essence of businessmen determines that they are different from lawyers. All their purposes are to realize benefits, and the pursuit of maximizing benefits is the ultimate goal of businessmen. In order to realize their own interests, businessmen may do whatever it takes, and sometimes even do illegal things. However, the lawyer's pursuit of interests is based on "a gentleman loves money and has a good way to get it", because the purpose of a lawyer determines that it can't be mercenary, and it has a higher pursuit, that is, the duty of an angel, the duty of realizing social justice, the duty of maintaining social fairness and the duty of maintaining social stability and harmony, which are different from ordinary businessmen.
It is these responsibilities that make lawyers recognized by society and respected by people. Of course, it is sometimes misunderstood. Lawyers are members of this group from industry, agriculture, commerce, education, military, politics and other aspects, representing the interests of all levels. However, no matter which class you come from or which party you are entrusted by, you should safeguard social fairness and justice from different angles. This is the duty and responsibility of lawyers, who should rely on human justice.
? Written on February 6, 20021year.