2065438+On the afternoon of July 24th, 2006, Professor Jiang Ping, an 86-year-old famous jurist in China, a tenured professor at China University of Political Science and Law and a doctoral supervisor in civil and commercial law, gave a special lecture to Guiyang lawyers in the lecture hall of the South Campus of Guizhou Police Vocational College. The lecture is rich in content and far-reaching. As an ordinary lawyer student who attends lectures on the spot, the author is deeply inspired. Part of Professor Jiang Ping's lecture is now published and shared with lawyers and legal persons all over the country.
In this lecture, Professor Jiang Ping explained the professional advantages and functions of lawyers in depth around his suggestion that "the rule of law will flourish if lawyers prosper, and the country will prosper if lawyers prosper", and encouraged lawyers to actively make due contributions to safeguarding the legitimate rights and interests of parties, the correct implementation of laws and social fairness and justice.
The following are some views of Professor Jiang:
First, the prosperity of lawyers is the rule of law, and the prosperity of lawyers is the prosperity of the country.
2. What are the advantages of the profession of lawyer? Only by clarifying the advantages of occupation can we have the right to say that "the rule of law is prosperous when lawyers are prosperous, and the country is prosperous when lawyers are prosperous". If I say that the country is prosperous and lawyers are prosperous, there is absolutely no problem and no dispute. Then why did I say that lawyers will rejuvenate the country? This shows that lawyers have a special position and role, which cannot be replaced by other professions.
As a profession, lawyers have three advantages: first, lawyers are a professional group with strong awareness of rights; Second, lawyers are a more socially conscious professional group; Third, lawyers are a professional group with strong legal awareness.
Fourth, from the professional point of view, lawyers are closely related to rights protection, and lawyers' rights protection is different from other professions. Other professions are to safeguard their own interests, but the duty of lawyers is to safeguard the interests of others. Lawyers are all for safeguarding rights, and lawyers should always focus on safeguarding rights.
Five, the lawyer's own interests also need to be safeguarded, but the lawyer's profession is not to safeguard his own interests, but his professional mission is to safeguard the interests of the parties.
Six, the police and lawyers are two indispensable forces to promote social harmony and stability. Maintaining stability is the role of public security, and safeguarding rights is the role of lawyers.
7. Lawyers' thinking in handling cases is different from that of judges, prosecutors and comrades in public security departments. Lawyers' thinking is basically innocent thinking, which is more manifested in opposing prosecution in court. The root cause is different thinking.
Eight, the lawyer's right view is a progressive concept, which is worth promoting. The lawyer's right-centered thinking is to safeguard the interests of the parties, which should be a progressive thinking. Of course, this kind of thinking is also one-sided and not measured by holistic thinking.
Nine, the lawyer profession itself has a strong sociality, and lawyers rely on self-reliance, service and credibility to win the respect and admiration of the market.
Ten, the lawyer's own service market is a part of the social market, the law of the market applies to the lawyer law, the law of market competition also applies to the lawyer law, and the lawyer himself is also a part of the market.
1 1. Lawyers themselves are closer to the people and know their voices better. Lawyers are defenders of people's rights and spokesmen of people's interests.
Twelve, "ruling the country according to law" is the basic way of governing the country. We are all studying law, and our tasks are completely consistent with the way of governing the country.
Thirteen, as a legal person to maintain the spirit of law.
Fourteen, how to deal with the way of governing the country and making a living, I am afraid that only those who study law will encounter this problem, and those who study other majors may not necessarily have this problem. How to deal with the contradiction between governing the country and making a living is very important. The concept of law should be firmly remembered. This concept of balance, justice, fairness and justice should be kept in mind. (When Lao Jiang talked about this issue, he was earnest. He also used the case of Song Shijie Gang to guide the legal person how to deal with the problems of governing the country and making a living. ).
15. What are the weaknesses of legal persons? Lao Jiang borrowed a sentence from Ma Ying's father: "More discipline, less response".
Sixteen, for the legal person, "trying to make the people feel fair and just in every judicial case" should be the highest ideal.
17. In the past, there were four reasons for unjust, false and wrong cases: first, preconceived ideas; Second, the evidence is insufficient; Third, no defense; Fourth, there is a lack of supervision.
Eighteen, as a lawyer should accurately grasp the boundaries between public rights and private rights, beyond the boundaries is abuse.
Nineteen, the selection of judges and prosecutors from lawyers can be regarded as a long-term goal.
Twenty, the ultimate goal of the reform of the judicial system should be to truly achieve judicial independence, and the judges of the court should be independent.