The second function of the judge. According to the "Law of the People's Republic of China and State Judges", judges are persons who exercise state judicial power, including the presidents, vice-presidents, judges and judges of specialized people's courts such as the Supreme People's Court, local people's courts at all levels and military courts. Committee members, president, deputy president, judges, and assistant judges. But the judge's status determines that he should treat people equally and should not listen to biased opinions. The participation of lawyers can allow the judge to review the case quickly, clearly and comprehensively, and hear the case more fairly. The judge's duty is only to judge right and wrong. He has no obligation to protect the interests of any party. This is also the requirement of the judgment center. The presence of lawyers can protect the interests of the parties to the greatest extent. In short, for a qualified, impartial and neutral judge, whatever facts you input into him, he will make a judgment in accordance with the law. The lawyer's job is to ensure that the facts entered to the judge are clear and sufficient and in the interests of the parties.
3. The pressure on judges to close cases. We first take the jurisdiction of the Chengdu Intermediate People's Court as an example to analyze from the perspective of data. According to the work report of the Chengdu Intermediate People's Court: In 2020, the city's courts accepted 438,040 cases, a decrease of 417,822 cases year-on-year. The growth rate of case closure rate increased by 1 percentage point, and the per capita caseload of judges increased by 1 case. What does it mean to handle one case per capita? One case per day. Counting only working days, nearly one case is closed in one day. In addition to holding court sessions, writing judgments, and even taking time to go to communities to popularize the law and help the poor, it is unrealistic to rely on judges to know the evidence and facts of each case clearly in the limited time.
Based on this, it is necessary for professional lawyers to obtain lawyer practicing certificates in accordance with the law and provide legal services to parties.
4. The significance of lawyers’ existence from a practical perspective. First, in civil litigation, the legal knowledge possessed by ordinary people is obviously insufficient, and they have no way of starting when encountering legal disputes. At this time, we need the help of lawyers. Lawyers use their professional knowledge and rich experience to help the parties protect their rights and interests. basis), thereby summarizing the focus of the dispute, expressing opinions in a targeted manner, and finalizing the case. Secondly, in criminal proceedings, the value of lawyers is even more obvious. Lawyers, especially defense lawyers, are an important party in restricting trial power in criminal trials. In layman's terms, the defendant needs such a person to speak for himself and confront the prosecutor to prevent his rights and interests from being infringed. Most of our country's investigative agencies pursue a guilty mindset and aim to punish crimes. Therefore, situations that are unfavorable to criminal suspects will inevitably occur in the production of records and other work. When reviewing and prosecuting, it is difficult for the prosecutor to spend more time due to the high pressure of handling the case. Time is needed to analyze and deliberate on the circumstances that are favorable to the criminal suspect (mitigating, mitigating circumstances), which requires communicating with the defense lawyer and expressing one's own views. In some cases, the admission of mitigating or mitigating circumstances directly determines whether the defendant will be sentenced to more or less months (or even years) in prison. Without a defense lawyer, it is difficult to ensure that the judge will risk offending the prosecutor by singling out these circumstances. Third, in administrative litigation, if you have a lawyer, he will accurately grasp the time point of rights protection and will never miss the best opportunity to protect rights; if you have a lawyer, he will maximize the opportunity based on his own ideas and case handling plans. Reduce the time and economic costs of rights protection. If you have a lawyer, he will help urge the administrative agencies to administer in accordance with the law. Therefore, the existence of a lawyer is necessary, and his role is to better safeguard fairness and justice.
Fourth, in non-litigation business, lawyers can also help parties make better use of the law and avoid risks. Outside of the courtroom, lawyers' services will also penetrate into all aspects of people's daily lives, career development and other aspects. For example, non-litigation business. Non-litigation business means that lawyers accept entrustments from citizens, legal persons or other organizations to handle legal matters for parties that have nothing to do with courts and arbitration committees within the scope of their authorization. Non-litigation business mainly includes consulting business, ghostwriting business, special legal services and legal advisory business. Such as legal consultants, legal consultants for enterprises and institutions, etc. The non-litigation business scope of lawyers mainly includes: providing legal consultation, serving as perennial legal advisor, handling contract matters, accepting entrustment to investigate a specialized issue and providing solutions, handling negotiations, presiding over mediation and participating in settlement, and handling legal documents , serve as the agent of the administrative counterpart and participate in administrative activities and the client participates in arbitration activities, etc.