Because be defended by what assign shares Liu Zhijun record, lawyer Qian Lieyang is faced with numerous people indicate. It is with Tian Wenchang of the lawyer 10 years ago " black eldest child " Liu Chong defends the snarl that suffer differs, the person that criticize this time comes from a lawyer more, most person does not object " defend for hellion " , oppugn adjudgement itself however. A what kind of adjudgement is this after all? Is the lawyer in true argue? Listen to him counsel for the defence how to say.
"Because do not have a performance,just be just about actually 3 half hours. There is this kind of case after I am afraid, the court is said to avoid front courtyard careful is too shoharrison hot spring dealrt, still performed really. Open a week, anyway alien is entered do not go. Anyway alien is entered do not go..
"Ethics of the first profession, it is the interest that protects party. Medical expert is OK at great length says, but advocate knife doctor is responsible had helped this patient. Scholastic word is right, but the responsibility that they do not bear specific person. But the responsibility that they do not bear specific person..
"If direct seeding of the spot when careful of that the middle of forhead, can discharge a lot of misunderstanding, diaphaneity still needs to be strengthened further. Diaphaneity still needs to be strengthened further..
On June 9, 2013 6:15, prison van slowly sail south the Beijing near 2 annulus the 2nd intermediate court. Disappear two years after 4 months, railroad minister Liu Zhijun returns to public eye shot once more before.
Front courtyard careful began partly at 8 o'clock. The picture of the CCTV shows, the Liu Zhijun that wears blue-black jacket is taken by two bailiff court, the hair is sparse, countenance is gaunt and angular.
This is beforehand the adjudgement of make public. The court of justice that appoints cognizance and counsel for the defence shift to an earlier date exposure, sessional date also shifts to an earlier date two days through media premonitory.
Large quantities of media reporters are all the time at the door the court expect. Only a few media central enter a court. After front courtyard careful, the court held five bells not to set the bulletin of query link to meet. The detail in front courtyard careful, what the outside knows is very little.
Liu Zhijun is accused two accusation: Take bribes and misuse of authority. Check just maintains his jobbery, for female businessman Ding Shumiao and its relative actual pilot company provides a help, cause public property to suffer particularly significant loss; He is suspected of sixty-four million six hundred and five thousand four hundred yuan taking bribes, according to Chinese criminal law, this number will bring about his to face punishment of the death penalty likely.
On the court, to the fact that the indictment accuses and accusation, him Liu Zhijun did not disagree. When be being stated finally, liu Zhijun is drawn out write full the be repentant book of several pages paper, read aloud in a tearful voice.
Liu Zhijun even " do not wish to entrust paraclete by oneself " . Because this case has,sentence capital punishment likelihood, according to legal provision, assign of center of Beijing law aid Beijing day amounts to Qian Lieyang of attorney office solicitor, Lou Qiuqin to offer plead for its.
12 when make, front courtyard careful ends, the court announces choose period is adjudged. Lawyer Yi Shenghua sees Qian Lieyang delivered small gain midday, feel very strange, when he just knows in the evening, front courtyard careful undertook 3 half hours only. Of time short, beyond outside expect.
An intense debate spreads out outside the court, topic figure is not Liu Zhijun, however his counsel for the defence.
Shanghai lawyerSi WeijiangWrite civil think, the lawyer should maintain the interest of party, also need to safeguard social justice. Dispatch of Shandong lawyer Li Jinxing is interrogatory: "Does this case have true plead? "Does this case have true plead??
This, plum two article caused legal group to discuss extensively of ethics to the most popular north face shirtslawyer profession, also let two counsel for the defence be immersed in from inside clamour is oppugned unprecedentedly since course of study, especially Qian Lieyang.
Qian Lieyang becomes famous inside course of study long already, he ever was punishment of Beijing bar association tells chairman of law major committee, the plead that has participated in Liu dawn to celebrate Yuan Hua of experience tax proposal, Xiamen to contraband case of social security of case, Shanghai works, one's early years is called group of punishment argue lawyer " capital 4 little " one of.
The active lawyer on small gain in succession follow-up discussion, it is the doubt of lean to one side almost. The focus depends on: Whether did the lawyer use up lawyer duty? Are 3 front courtyard careful of half hours enough? Postponing extended issue from this is: Whether does the lawyer that shares judgement have violate professional ethics?
After many after declining, on June 15, 2013 afternoon, qian Lieyang, Lou Qiuqin was acceptedSouthern on the weekendOf the reporter interview.
Qian Lieyang expresses, regard professional law as the person, they reject the job of assign without reason; He says he is not clear about really why by assign, deny an autograph to cross any confidential agreements. They are being examined sue level to intervene, browsed 477 records, interview Liu Zhijun 67 times.
About 3 half hours, money lists in relief explanation to say, before front courtyard careful, the court already had held the meeting before front courtyard, front courtyard careful basically spreads out in the light of open to question part; As a result of reason of Liu Zhijun body, time of front courtyard careful cannot too long, but " what should do still is to did not omit " .
What two lawyers make for Liu Zhijun is blame light plead, they from Liu Zhijun subjective and active and honest, malign not deep, loss already was redeemed wait for a respect, hope the court is punished lightly to its. Qian Lieyang says, this is the opinion that respects party Liu Zhijun; Although Liu Zhijun admits his guilt, but the permission that independent opinion of the lawyer still must receive Liu.
According to lawyer an account in one's own words, judicial controversy is remained intense, especially crucial Liu Zhijun takes bribes amount problem, both sides undertook 3 rounds arguing. Lawyers insist to think, in sixty-four million six hundred and five thousand four hundred yuan of of accusation bribery amount, 49 million yuan belong to other to spend money to help Liu Zhijun dredge concern, whether to belong to take bribes, in punishment deliberate is worth on legal principle talking.
Of two many hours during interviewing, qian Lieyang often opens IPad to browse small gain. With him the name contacts the discussion that be together, still increasing ceaselessly. He is responded to a few times of a few directly on small gain, put honor in minor position, emphasize party precatory hold responsibility of course of study is mainer, "This is professional conscience " .
"Concept of the fairness that publicizes law, justice, establishing judicatory image is necessary, as the lawyer, party benefit is gotten inside lawful limits the biggest the first reswatch case manufacturerponsibility that changing is punishment argue lawyer, ethics of the first profession. " he says, this as advocate the distinction of knife doctor and medical expert.
Assign is apologetic: Deny a label confidential agreement
Southern on the weekend:
Two lawyers are when accepting assign to intervene Liu Zhijun case, what kind of work to do?
Qian Lieyang:
We are being examined sue level to intervene. Receiving Beijing law to help assign advice note of the center is on Feburary 1, 2013. After taking assign advice note to deal with relevant formalities to procuratorial work mechanism, toward Qin Cheng detention house first time interviewed Liu Zhijun before Feburary 6, interviewed in all do not fall 67 times, records of whole law case is very much, should duplicate, take a picture, arrange, this is groovy job.
Southern on the weekend:
Liu Zhijun why not do oneself retain a lawyer?
Qian Lieyang:
He feels to do not have necessary, he admits his guilt completely, do not need lawyer plead.
Southern on the weekend:
Do you intervene the autograph crosses confidential agreement?
Qian Lieyang:
Without. I did not disclose with media before open a court session, the first, although make public the case of cognizance, before open a court session, records data also is national secret; The 2nd, party also does not have any social echo before hope front courtyard, at this o'clock we also should respect the opinion of party.
Southern on the weekend:
Have before is law case sessional be talked?
Qian Lieyang
watch caseLook for me to talk without the person. Before open a court session, rather he any cases are same, we to handle a case mechanism presents legal procedures, exchange opinion of a few lawyers and proposal lawfully.
Southern on the weekend:
Why to appoint you to handle a case?
Qian Lieyang:
Do not know really.
Southern on the weekthe most popular selling norton internet antivirusend:
What manner is Liu Zhijun intervenes to yours? Does the apologetic train of thought that making blame light plead is you return the requirement that is him Liu Zhijun?
Qian Lieyang:
Know in him because law asks to intervene,we are, and rather than he himself when the family member is invited, he knows he must recieve us. Below this premise, his requirement makes blame light plead, and rather than is innocent and apologetic, I must respect his desire. We reach finally at 2 o'clock consensus: The first, make blame light plead; The 2nd, on the foundation of factual level, jural different view, undertake becoming independent defending by our lawyer.
The due apologetic right that we need, this he also cannot intervene. Of the bribery that includes to had affirmed 6000 49 million much mediumer, he admitted his guilt. But he does not learn a way, I serve as a lawyer, independent ground elaborates my viewpoint, I think to fall to still do not make bribery crime in active law frame, I undertook be elaboratinged adequately on the court, this respect Liu Zhijun does not have block the way I.
Lou Qiuqin:
Front courtyard careful before today, I had seen Liu Zhijun technically still, arranged apologetic train of thought with him, inform him the program of careful of whole front courtyard and each right that he enjoys link.
Make blame light plead besides it is the desire that respects him himself outside, also be the specific data according to this case, sentence the apologetic train of thought with affirmatory bring up the rear integratedly. On the controversy of 49 million, lawyer exercise the right of independent plead, cannot say the lawyer is complete simply the opinion of individual of person of the accused of leech on to, this is the result of an integrated judgement.
3 half hours: True argue still is false argue
Southern on the weekend:
The outside opthe best spring poolpugned so important front courtyard careful generally to undertake 3 half hours only, are you true argue or false argue?
Qian Lieyang:
This is a very true cognizance course. In this case, I did the innocent plead of one part actually, the 49 million took bribery money 3/4 that we oppugn, we think this is core problem.
Lou Qiuqin:
The controversy of careful of this front courtyard we with respect to 49 million yuan qualitative made 3 rounds, original plan is two rounds, (judge) hope everybody does not repeat a point of view, collect a key to tell.
Qian Lieyang:
But plan to announce to end plead in the judge when, I ask to add a controversy one round again again, added one round again.
Denounce generally why to have 3 half hours only socially, actually, these 3 half hours are a key of this law case and open to question problem undertake careful cognizance. In the conference before the front courtyard before this, we basically are the problems that choose those not to have controversy, the quote when front courtyard careful pledges card can simplify. We do not hope front courtyard careful when try to attend to big and small matters all at once, want a little while evasive, want to inform the witness appears in court a little while, we hope these problems are solved in the conference before front courtyard, careful of whole front courtyard around problem of a core.
Of course, to the set of whole court order and trend, include 3 half hours, I do not accept precatory moment to know this, this is that day open a court session undertakes in, by judge dominant, I am not controlled. Front courtyard careful is fast basically be managing the time of quote, other time is very sufficient, the controversy that includes a lawyer and the accused person are stated finally, the judge did not do any restriction beforehand, just hope everybody does not repeat a point of view back and forth.
Southern on the weekend:
We also are ability knows later, the meeting before front courtyard opened in the detention house before, how to leave?
Qian Lieyang:
In May the bottom opens the meeting before front courtyard, the court informed Liu Zhijun to attend, left full a day. This workload is very big, public prosecutor is passed umbriferous broadcast evidence one by one, let him Liu Zhijun affirm with our lawyer one by one.
Lou Qiuqin:
On the conference before front courtyard, the guilty fact check that basis of public prosecution mechanism charges becomes several groups according to cent, one by one enumerate and reveal, ask Liu Zhijun's opinion next, he is approbated, with respect to Pass, ask a lawyer the opinion next, our basis reads the circumstance that coil and apologetic train of thought before this, offer an opinion to contentious evidence, rule personnel is having a record aside. Some although the lawful sex of evidential itself and authenticity do not have demur, but the lawyer thinks this evidence is advantageous to party, we can ask the procuratorate is emphasized when front courtyard careful show. This case involves a few companies, have many industrial and commercial register, some is done not have to my party how old relation, did not need to be shown in detail when front courtyard careful, but even so, also did not omit quote, qualitative card.
Qian Lieyang:
For instance the individual's personal details, prove one class upgrade raises one level of Liu Zhijun, his railroad minister is true, these evidence do not need one by one read out and showed in detail.
Southern on the weekend:
The cognizance that the public often suspects to curule post commits a crime can be make a gesture to give the impression of doing sth.
Qian Lieyang:
If this case is make a gesture to give the impression of doing sth really, take performance property, open him 3 days two do not have a problem, can apparently look very unquestionable, controversy just is in 3 half hours now. Because do not have a performance,just be just about actually 3 half hours. There is this kind of case after I am afraid, the court is said to avoid front courtyard careful is too short, still performed really. Open a week, anyway alien is entered do not go, evidence reads aloud one by one, I think to affect quality of front courtyard careful instead. Everybody thinks front courtyard careful wants to stress a focal point, we considered the body case of the accused person, did not perform considering this namely.
Do not have right to speak without investigation and study, I think a few person of the same trades do not have true audit this case, understanding Liu Zhijun is how of entrust lawyer, they saw big case wants case careful 3 half hours, did not see the particular case of this specific requirement of Liu Zhijun, case and evidence, and the show that the lawyer attends in the court, have to go out " performance " conclusion, I feel too cursory.
Lou Qiuqin:
If this kind of law case is performed really, if be the opinion according to Liu Benren only really, we say to admit one's guilt directly the mood is good, contrition attitude went greatly. But we were to snorth face shirtstudy whole records seriously really, what decide key lock in 49 million yuan finally is qualitative go up, also consulted law expert, this 49 million be in jural in theoretic, can qualitative to take bribes.
Southern on the weekend:
Media reports length of time of front courtyard careful, also considered body matter of Liu Zhijun?
Qian Lieyang:
This also is the special requirement that he raises to the lawyer, careful of hope front courtyard does not want too long, his body is bad. But what should do still is to did not omit.
Southern on the weekend:
Have what criticism, you consider as those who approve reasonably, be true question?
Qian Lieyang:
Have. Discuss this let us think, the conference before front courtyard can allow judgement after all " simplify " to what degree, be in a case is medium, to " simplify " , control argue careful and square of the accused person, whether authority reachs unanimous opinion? This is problem of a learning. Law does not have a regulation, judicatory explanation also does not have specific specification. I think the accused person is attendant, have substaintial distinction, if the accused person is attendant, power to make decisions should be some. The conference before the front courtyard of Liu Zhijun case that day, because Liu Ye is attendant, we think we are to have power to make decisions (what can the decision simplify) .
Fair justice of party interest VS
Southern on the weekend:
The lawyer thinks, you should learn Xu Mingzhi of Mei free modern dining chairsLanfang harbour, reject such case.
Qian Lieyang:
I do not take this law case. Regard a profession as the lawyer, I am not to stretch my hand to the basic standard that my works, do not shove a hand. I do not know legal aid can refuse on clique in the end. Accept the responsibility of money, can refuse, do not have the thing of money, this is compulsory. Regard professional law as the person, I also do not have the reason of decline.
Get when me the message wants to be done to Liu Zhijun for the first time, think of that does not have the Indian rapist that the lawyer agrees to defend for it immediately in my brain, that thing gives me impression very deep. Liu Zhijun case, the lawyer that has experience knows, who is apologetic, who gets a scolding. If Liu Zhijun is sentenced capital punishment, industry can scold Qian Lieyang incapacity; If be done not have dead, common people can abuse my bad person, protected so a corrupt official. I dare affirm, this year is me get a scolding year. After I believe case first instance adjudicates Liu Zhijun, can lift the climax that scolds me again. I still receive illicit letter on small gain: Do plead to such person broken bits, you yourself are person broken bits.
See these people censure, hold out in my heart actually glad, the people is kind-hearted at least, lawyer person of the same trade is criticized to ours, explain they are to cherish us at least of this industry. Include Wu Lei's criticism, I come up to be thanked, he does not close without icily thing oneself is high hang, and be in macroscopical on for also it doesn't matter is complex. But a when I talked about me narrow opinion: Ethics of the first profession, it is the interest that protects party. Medical expert is OK at great length says, but advocate knife doctor is responsible had helped this patient. Scholastic He Bing, Xu Xin (Small gain)If right, but the responsibility that they do not bear specific person.
Southern on the weekend:
In critical viewpoint, have a kind quite representative: Professional ethics of the lawyer, besides maintain party interest, also should guard social fairness justice, advance law, once party increase deviated from badly this, the lawyer should be responsible to justice and law.
Qian Lieyang:
I insist to think, we are modern dining chairsright the accused person, do law to evaluate only, do not make any other assessments. Our the first bounden duty, it ithe best selling modern dining chairss namely inside lawful limits, make my party interest, get the biggest range is protected. We are the countries of a statute, "The law is not a blame without regulation of proclaimed in writing " principle, I must hold to.
Responsibility of dignity of professional honor of the lawyer, profession, society, it is to pass ground of cautious and conscientious of each law case to deal with, form finally, resembling Great Wall is to rely on everybody to move a brick. Each brick of law Great Wall, it is every each case, our professional ethics depends on us moving each brick.
Southern on the weekend:
You think the case is here medium, "Party interest " and " fair justice " between value of these two ethics, whether to produce conflict?
Qian Lieyang:
I serve as a lawyer, I did not find conflict. I do not think this is a performance, I won't participate in a performance more, the business that I am doing, hold water is on legal principle, and, all works that I do, it is the result that communicates adequately with the accused person. If the accused person thinks innocent, I think the accused person is guilty, didn't then I become the 2nd public prosecutor?
Diaphaneity of front courtyard careful remains to strengthen
Southern on the weekend:
Have many punishment argue lawyers a few this years in succession " dead knock " . The lawyer chooses dead knock, often be forced to do. When two lawyers are handling a case, have " dead knock " when? Below what circumstance " dead knock " ?
Qian Lieyang:
Have. I think innocent can hold to, for example Zhang Fulin (Wen Zhou assures tycoon, be suspected of absorbing the public illegally to deposit money) that law case.
Lou Qiuqin:
Have the case with an intended terminal harm, first instance sentenced 5 years, we hold to all the time innocent, send heavy careful later, change the original sentence 3 years half, again sessional in June, will be released after serving a sentence with respect to this August actually, even so, we still are doing innocent plead.
Actually Liu Zhijun this law case, we also are holding to, not be to say to come up be about to apply for evasive, be about to say these evidence are illegal. We feel reasonable ability holds to, basically be to realize the lawful profit of party.
Southern on the weekend:
Cause the discussion with legal so extensive group this, is what perhaps follow whole judicatory environment depressing relative?
Qian Lieyang:
Zhangsai's times, cropland Wenchang times, us this a few the individual's timeses, Li ZhuangThe times after the case, the development of the times very resembling is the Western Zhou Dynasty, the Eastern Zhou Dynasty, age, the Warring States. Before this, tian Wenchang and Zhang Saizhi are a standard, it is in game regulation, be being done well still is bad. Now is contention of a hundred schools of thought, have multinomial level, dead knock has the level of dead knock, the technology has technical level. But next, whether to talk about a technology, do not talk about law?
depressing a few years, everybody is painful, but this is not the reason that moves toward another extreme. Our law person wants those who know us to spend, our behavior border undertakes inside frame limits, cannot walk out of basic cage, so I am considering this aspect all the time, if this country moves toward troubled times from times of peace and prosperity really, we these people should exit historical arena really: Our transition not, we just cut kitchen knife, chef cannot make when butcher.
Southern on the weekend:
Case of crime of a lot of curule posts also has been made before you, what specialty does Liu Zhijun case have?
Qian Lieyang:
Social attention is spent tall, entered small gain period, everybody can make a speech now, understandable. Our lawyer also cannot evasive media, to involving the case of national sespring poolcret and individual privacy, the lawyer falls in the premise that does not affect adjudgement, the know the inside story that should satisfy a citizen counterpoises, but detail of impossible exposure case.
This law case enters adjudgement phase, the court was announced at the beginning of April, so media is stared at went up. Sessional time also said ahead of schedule, the news conference is later, this understands compared with me before the open diaphaneity of similar case, have progress.
Southern on the weekend:
Initiate so great debate this, the mystery that whether follows curule trial is concerned?
Qian Lieyang:
Yes, the front courtyard careful that this shows us still remains at progressing, if direct seeding of the spot when careful of that the middle of forhead, can discharge a lot of misunderstanding, diaphaneity still needs to be strengthened further.
Southern on the weekend:
Can you give yourself to a few minutes hit in the apologetic job of Liu Zhijun case?
Qian Lieyang:
I do not make component to oneself. Actual cent is a cent, historical cent is another cent.
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