The difference between prosecutors and lawyers: the nature of professional attribution is different.
The power in the hands of prosecutors comes from the authorization of the state, which represents a kind of public power and embodies a kind of national coercive force. Behind it is the support of a powerful state machine. Every word you say to the client, every legal document you publish and every decision you make do not represent your personal opinion, but represent the opinion of the procuratorial organ. Prosecutors are regarded as spokesmen for the public interest. They should abide by the obligation of objectivity and justice, comprehensively collect, analyze and judge evidence, handle cases fairly, and give priority to safeguarding the correct implementation of laws and social fairness and justice.
However, lawyers are different. They don't have any public power. Lawyers accept the entrustment of clients, provide legal services for clients, and are spokesmen for safeguarding private rights. The so-called entrustment and loyalty to others are the first priority of lawyers and the requirements of lawyer law. Lawyers use their knowledge and experience to serve their clients, and the way to get paid is through the market. When lawyers get consideration by providing products in the legal service market, they have the basic characteristics that market subjects should have. From this perspective, lawyers are both legal and commercial. Prosecutors only have legal attributes, and the profession of prosecutors is not a market behavior. The state entrusts me with the responsibility, and I work as required to obtain a stable income from the state finance.
The difference between prosecutors and lawyers: different working modes.
As a prosecutor, the working mode of handling cases is from case to person. The first thing you come into contact with is the file that has formed materials. You have no right to choose to handle or not to handle certain cases. When a case is assigned to you, you must do it. This is your job. Then contact the parties and their families through the right to inform, ask for information, and receive visitors. In the face of the unreasonable demands and quibbles of the parties, you don't have to care about what the parties think of you, or even yell at them. You don't have to listen to the right and wrong that have nothing to do with the case. Even if you are a weak prosecutor, they still have to respect you, because the authority in your hand holds their personal freedom and even their life safety. Even if they are not satisfied, they still dare not expect anything in front of you. On the other hand, even if you are gentle and friendly to them, they still have bad feelings for you and are unwilling to tell the truth.
Lawyers, not cases, are people, people involved in cases or their families. According to some fragmented and limited case information they told, help them analyze the legal interests and possible trends of the case in a short time, and gain the initial trust of the parties and their families through effective consultation and communication, so as to accept the commission to carry out the work. It can be said that winning the trust of customers is the lifeline of lawyers. Next, through meeting again and again, we can learn from the parties, verify the case, and answer the legal questions they care about. At the same time, we can be caring and attentive to the parties on behalf of their families, encourage and guide them to face the status quo correctly, listen to them tell the right and wrong behind the case, and help them analyze the pros and cons and make a choice. At the same time, lawyers should always face the anxious inquiries and urging of their families, and also patiently explain and psychologically guide their families. So some people say that practicing as a lawyer is the art of conveying the soul.
As far as handling specific cases is concerned, prosecutors are linear thinking, and they only need to follow the evidence and facts of the case and make judgments and decisions according to the law and regulations. Other than that, there is nothing else. Lawyers, on the other hand, have fan thinking. What kind of defense strategy to establish needs to consider the ideas of the parties, the opinions of family members, the attitude of judicial organs, the tendency of media public opinion and so on, which is complicated and needs wisdom. Similarly, when handling a relatively complex criminal case, a complete criminal procedure goes down, and lawyers often meet with clients for more than a dozen times, and even a few sensitive and influential cases may be dozens of times, which is much higher than the number of times prosecutors interrogate criminal suspects. They often have to investigate and collect evidence in person, understand and verify the situation, and communicate with relevant authorities.
Therefore, the number of cases handled by lawyers each year is far lower than that of prosecutors. Lawyers may be slightly inferior to prosecutors in terms of experience accumulation and specialization in handling certain cases, but lawyers may be better at grasping the details of cases and gain better social experience, knowledge breadth and judicial experience than prosecutors.
The difference between prosecutors and lawyers: different judicial ecological experiences
Due to geographical restrictions, prosecutors can only handle criminal cases in their own areas except designated jurisdiction, so it is difficult to personally perceive the advantages and disadvantages of the judicial ecological environment outside their own areas, and their vision is relatively narrow.
Lawyers' practice is not restricted by region, especially Beijing lawyers, whose business scope is nationwide. In criminal cases, Beijing lawyers are often involved in cases with relatively complicated background, case details, amount or people involved, so as Beijing lawyers, they often have more opportunities to handle criminal cases in different places and feel different judicial ecological environment. You will find that the quality of judicial personnel and the concept of human rights protection are not necessarily proportional to the economic development level of this place. Even in provincial capital cities, you will meet judges who refuse to disarm the defendant voluntarily, give up their seats to the defendant, interrupt the lawyer's speech at will, restrict the lawyer's questions, and prosecutors who react simply and rudely to the strong defense of defenders. However, some economically underdeveloped district and county courts will still encounter slow judges and moderate and rational prosecutors who fully protect the litigation rights of the parties and lawyers.
In addition, lawyers' perception of the current judicial situation and their experience in the construction of the rule of law are often more profound. Mr. Jiang ping once said: lawyers can best perceive the depth and warmth of the water governing the country according to law, and can best understand the darkness and light of governing the country according to law? . As a lawyer, you can feel the bright side of the rule of law in China. For example, after repeated and effective communication by lawyers, the case-handling personnel of judicial organs can eliminate improper interference from relevant parties, adopt all opinions of defense or agency, make decisions in favor of the parties, and have the courage to truly implement the responsibility system for handling cases. You may be more aware of the worrying side of the rule of law in China. For example, the public security organs have no case to file, the victims have no way to sue and appeal, the investigation organs illegally prevent lawyers from intervening in the meeting, and it is not uncommon for some local cadres in power to abuse power for personal gain under the banner of anti-corruption, intervene in economic disputes outside their functions and powers, and interfere with the independent handling of cases by judicial organs. Some official acts are obviously illegal but helpless, but the relief channels clearly stipulated by laws and regulations have hit a wall everywhere in reality. Therefore, in the process of this secret contest, repeated communication and game, you will gradually perceive and understand the other side of the dark, complex, treacherous and cruel judicial reality of society, which often makes people feel sad and powerless. These are not deeply understood under the background of the aura of public power.
The difference between prosecutors and lawyers: the emphasis of study and training is different.
The daily study and training of prosecutors often focus on the improvement of professional skills. The training content focuses on the accuracy of legal application, such as crime and non-crime, the boundary between this crime and that crime, the method of evidence review, the standardization of case handling, the summary and arrangement of similar cases, and the enhancement of legal supervision ability. And the improvement of criminal case handling ability.
Compared with the training mode of prosecutors, lawyers' training for practitioners is more flexible and diverse. The training content not only covers criminal litigation, civil litigation, administration, arbitration, labor law, intellectual property, real estate, non-litigation and other business fields, but also includes the teaching of social experience such as legal consultation strategies, negotiation skills, business etiquette and interpersonal communication. For interns who have just left campus, it is not required to set a fixed internship direction at the beginning, but to encourage them to participate in all business fields, and the wider the scope involved, the better. The internship period will be set according to the situation. Of course, it depends on personal interests, future career planning and daily priorities whether interns who have transformed from public security law to practice will continue to engage in a professional field similar to the original legal profession or engage in a new business scope.
For new lawyers, the first thing to do is to learn society quickly, adapt to society, integrate into society and understand the world, followed by the accumulation of legal knowledge and the improvement of professional skills. According to my observation and understanding after the transformation, a successful lawyer does not depend on his superb professional skills, but on his ability to adapt to society, his wisdom in communicating with people, his broad vision and his tolerant and open mind, that is, his high emotional intelligence.
The difference between prosecutors and lawyers: different lifestyles and rhythms.
As prosecutors, various disciplines require us to learn to be cautious and independent, get used to loneliness, adapt to loneliness, be cautious in making friends, be humble and low-key, rarely contact social groups outside our work circle in daily life, and even think twice about private gatherings of friends and classmates, so our lifestyle is relatively simple and our living space is relatively narrow. However, once we jump out of our familiar working circles and professional fields and face the complicated society, we sometimes feel stretched. Of course, stable work and welfare benefits make the public prosecutor's demand for social interaction less necessary and urgent.
However, without the system, the protection of public power and the stable source of material security, you are like a grass that has lost the shade of a big tree. You rely on your own vitality and willpower to grow tenaciously. Your mind is relatively free, your spirit is relatively relieved, your income is relatively improved, your vision is broader, your ability to solve problems independently is higher, your demand for various knowledge reserves is stronger, and your willingness to strengthen your own learning is more urgent. Facing all kinds of worlds, contacting elites from all walks of life, and seeing and hearing information from all fields, I am no longer young. It is more urgent to adapt to changes as soon as possible and find the correct development orientation as soon as possible. It's harder to find the mood to concentrate on one thing. At the same time, the circle of friends has expanded, social activities have increased, and things to worry about have become miscellaneous. The weekend time with family and children can't be guaranteed, and the days of nine to five are gone forever.
You will find that the clear line between life and work is getting blurred. You don't have to go to work every day, but you may often be busy late at night because of writing legal opinions or amending contracts or helping customers solve difficult legal problems. Your office may not be in your company's office, but you may be at home, on your way to court or meeting, in hotels, stations, docks, airports, high-speed trains or taxis on business? No matter where you spend your holiday with your family.
The difference between prosecutors and lawyers: different requirements for self-discipline
As a prosecutor, there are many controls and constraints from all sides in the system. If you are still party member, you are also bound by strict organizational discipline. Business skills training, ideological and political education, building a clean and honest party style, and learning leadership speeches are part of daily work, and they are always unremitting. Therefore, the transformed legal person who comes out of the system often has a solid legal foundation, excellent political quality, a sense of rules and is not extreme, and is easy to win the favor of judicial organs and customers.
As a lawyer, there is a labor contract relationship with the law firm, and the organizational structure is relatively loose. Every lawyer works independently, and there is no strong adhesion between lawyers, so it is impossible to organize business training and discipline education regularly. Lawyers' Association, as a legal person of social organizations, is a self-regulatory organization of lawyers. Although it has certain political color and the nature of government control, it has no direct management relationship with lawyers. For lawyers, it is often post supervision. At most, lawyers' violations of laws and regulations are reported to the lawyers' association, and then they are investigated and punished.
Therefore, as a relatively free profession, lawyers rely more on self-discipline and consciousness. If you want to make a lot of money, don't choose to be a lawyer. Lawyers are not typical businessmen. Lawyers only rely on knowledge and experience to provide services to others. Even a top lawyer can't be rich or expensive, far less than the net income of a small boss in a private enterprise. Every sum of money earned by a serious and responsible lawyer is hard money that consumes brain and body and mind. Lawyers may often come into contact with bosses with assets exceeding 100 million because of their work relationship. Whether you can resist temptation, find your own psychological balance, stick to the legal bottom line, keep your thoughts on track, and keep your behavior out of bounds depends mainly on self-discipline. Self-awareness is mainly reflected in self-learning and promotion. Lawyers need knowledge update more urgently than prosecutors. Faced with a huge amount of information every day, there is often a sense of urgency that if you don't study, you will fall behind, and if you don't watch the news, you will not be able to keep up with the current politics. In a law firm, no one or department has the obligation to keep urging you to guide you and teach you to learn. You should rely on your own observation, understanding, learning and comprehension, never wait passively for assignments, be good at discovering and thinking about problems, and actively study and solve problems. In this way, you are one step closer to success.
I often wonder, what are the similarities between prosecutors and lawyers? As an inseparable part of the legal profession, the starting point of pursuing the progress of the rule of law is consistent with the value goal of social fairness and justice. Zhang Sizhi once said: A lawyer should be a rose with dew and thorns. Containing dew means that a drop of dew can reflect the world; With thorns, our lawyers are not all swords and halberds, but have the power of personality, which can point to all kinds of evil and unreasonable phenomena. With these two points, he can completely reach the blossoming roses that people love, not only with external beauty, but also with the connotation of internal love. ? I think, whether you are a prosecutor or a lawyer, you should be a person who is passionate about fairness, justice and conscience and is good at conveying passion. What is passion? Not shouting and surging, but based on the pursuit of truth, goodness and beauty, based on our perception of justice and conscience. Only in this way can we live up to the starry sky above us and the morality in our hearts.
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