2016年8月6日星期六

The legal person should first respect the law and the facts

http://www.anseryan.com/news/314.html Recently, a lawyer online published an article clearly points out the irresponsible remarks of Mr Ren so-called the attorney for Koala (Zhao Wei) cases. I believe we have to understand the contents of this article and it is no longer described.After I read it, all sorts of feelings well up in my mind. As a practicing lawyer soon after the new, whether teachers are taught from childhood, or later learning, let me set up this view: the people’s courts must base themselves on facts and take the law as the criterion. Had studied law, is derived from the words: Everything has its rule,and the law restraint of the world will be peaceful.The lawyer, as the guardian of the law, maintaining the parties legitimate rights and interests as the goal, to the largest extent under the framework of laws and regulations to carry out the practice work. Act of Lawyer Criminal procedure and other laws and regulations, provide us with the basis to practice. We should practice according to law, legal enforcement, respect the facts, which is the minimum requirement for lawyers. However, some lawyers in the wrong ideas,and I remember once a friend (he is also a lawyer) debate on the rights and interests for parties involved.He argues that the maximum maintenance the rights and interests for parties involved is the lawyers duty. I raised objections, lawyers maintain that the legitimate rights and interests, not all of the rights. Once upon a time, in order to reduce or exempt from punishment responsibility, the lawyers ordering (help) the parties to falsify evidence and initiate an investigation by public security organs. Not only lawyers behind bars, also led the party more than a sin, aggravated criminal liabiliy.A lawyer to do so, is it correct?Today, let me more thought is, should have a lawyer to the lawful rights and interests of the parties to a naked, deliberately false facts, claim the koala (Zhao Wei) suffered sexual abuse in prison, and outside media advocate Chinas common phenomenon of the prisoner was sexually assaulted. A 24 year old girl, was a lawyer himself without authorization in such vicious words to slander.Without the authorization of the parties, to release any relevant information, whether or not an infringement? If the case constitutes a crime? Lawyers should safeguard the legitimate rights and interests of the parties, or to be some kind of demand, you can trample legitimate rights and interests?The problem, I believe there is a freedom public opinion .In the end, I just want to ask one more question, as a legal person, should obey the law, respect the facts? Or should trample the law, disregarding the facts? Think about it, the legitimate rights and interests can not be maintained, in the end, who is bad?

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