He Weifang: Can a lawyer be without fairness, justice and morality?

At the first lawyers' forum recently held by the Law School of Renmin University of China, He Weifang, who bombarded the Chongqing model, once again made a surprise speech. The legal celebrity who thinks that Chongqing "has endangered the basic norms of a society ruled by law" and "makes people feel that time has gone back, the Cultural Revolution is repeated, and the ideal of rule by law is drifting away" made the following jaw-dropping bizarre remarks on the spot. What is even more amazing is that this bizarre sentence actually won thunderous applause: "In criminal proceedings, prosecutors tend to say that innocent people are guilty, while lawyers tend to say that guilty people are not guilty." Therefore, I hope that the legal profession will establish a social understanding, not to believe that we are fair, morally perfect, selfless and so on, not at all. We don't deny that we are competing with procuratorial power, and we should even learn to tolerate some lawyers' seemingly bad habits. For example, what is the most uncomfortable thing for lawyers to keep secrets for their clients during their practice? Your clients tell you,' They only know that I robbed the bank, but they don't know that I killed two people last year'. What do you do? As a lawyer with such a beautiful morality, are you going to expose it? No, it must not be exposed, because exposure will shake the foundation of lawyers' existence in China. "What is even more incredible is that when Wang Cailiang, a demolition lawyer, denied the Li Zhuang and Li Zhuang cases and advocated that lawyers should" stick to the bottom line of fairness and justice ",he was completely opposed by He Weifang:" I also want to criticize Wang Cailiang's lawyers. The main question I want to say is, what is the lawyer's practice goal? It is a very important force to restrict and compete for public power. Lawyers can't bear too much social morality and social fairness and justice. "-since justice is the last bottom line of social conscience and lawyers are part of justice, why can we give up the bottom line of fairness and justice? According to Mr. He Weifang, lawyers are totally unfair! Lawyers can even hide the crime of murder for their clients. Moreover, Mr. He has a very good reason. If you don't hide it, it will shake the foundation of lawyers' existence in China! As the weather vane of the legal profession, He Weifang openly tells such a big truth, which really makes people angry: Mr. He, what kind of legal person are you? What is your legal bottom line? Isn't this a criminal who advocates and encourages lawyers to become criminal suspects? We know that even if relatives know the facts of the crime and conceal it, they are guilty of shielding. Why can lawyers do this? Isn't this knowing the law and breaking the law? According to your logic, is Li Zhuang your accomplice in defending the underworld? As a lawyer, should you have the responsibility to safeguard legal and judicial justice? If a lawyer can ignore the law and judicial justice, who can he expect to promote judicial justice and fairness? What else can restrict lawyers? No wonder He Weifang and his supporters actively advocate judicial independence. Does the current system hinder the injustice of legal professionals? Does it make it impossible for you to cover up criminals? Suppose you defend Yao Jiaxin, suppose you just tell him before he admits to killing, do you also want to hide it for him? Should we also plead his innocence? If you defend bin Laden, do you also want to hide his crimes against humanity? Should we do everything possible to say that he is innocent? From common sense, the role of lawyers (legal role and social role) should be to make prisoners conform to their crimes and responsibilities. Instead of helping criminals evade legal sanctions-including perjury, concealing criminal facts, and instructing criminal suspects to lie. From a legal point of view, according to Article 28 of China's Criminal Procedure Law: "The responsibility of defense lawyers is to put forward materials and opinions to prove the defendant's innocence, light crime or reduce or exempt criminal responsibility according to facts and laws, and safeguard the defendant's legitimate rights and interests." Is it a violation of Article 28 to conceal facts and instruct criminal suspects to lie? In addition, Article 48 of the Criminal Procedure Law also stipulates: "Anyone who knows the circumstances of a case has the obligation to testify." Article 84 stipulates: "Any unit or individual who discovers criminal facts or suspects has the right and obligation to report to the public security organ, the people's procuratorate or the people's court." The fifth paragraph of Article 35 and the third paragraph of Article 45 of the Lawyers Law also stipulate that a lawyer "shall not conceal important facts", otherwise his lawyer's practice certificate shall be revoked, and if the case constitutes a crime, criminal responsibility shall be investigated according to law. There are also corresponding provisions in the criminal law, including the crime of hiding drugs and toxic substances (article 349) and the crime of refusing to provide evidence of espionage (article 3 1 1). He Weifang, as a legal authority, don't you know such laws and regulations? Of course, you can say that this is an evil law. Well, let's take a step back and say that there are problems in these laws and it is necessary to amend them. But should we abide by them before they are changed? Can you refuse to comply with a provision of the law because you don't agree with it? Finally, if lawyers can claim that they don't have to be fair, can other professions do the same? For example, can doctors publicly declare that doctors are not saving lives at all? If there is no money, it should be from ruin? Can teachers also say, "Teachers can't take too much responsibility for social morality and social fairness and justice"? Mr. He Weifang, when we reread your 4,000-word masterpiece "For the Rule of Law, for the Ideal in Our Heart", can you tell us what your legal system and ideal are?