Liu Yuanju: The so -called rule of law has maintained the existence of both parties to confront space.In this space, both sides can have wonderful performance at the same time, following procedural justice to pursue substantial justice.
Zhang Ding's killing case was a sensation, and the split public opinion splitting was still spreading.Some people say that he is a hero who revenge for his mother, gather loyalty, filial piety, and wisdom; others say that he is a murderer who has failed in life and is paranoid and cruel.After Zhang Ding was executed, his defense lawyer Deng Xueping's defense words were circulated on the Internet again, causing new public opinion opposition.
People who praise, say that this defense word quotes the scriptures and is reasonable; criticisms who criticize think that this defense word is unprofessional, super outline, and too emotional.It is the retrogression of the rule of law.Among them, the most influential is the criticism of the lawyer of the lawyer of the former Peking University Academy Dean Zhu Suli's criticism.Through this article, we can see the cause of the division and opposition in the current public opinion field.
First of all, this division and opposition stems from the lack of understanding of the actual defense, so it is impossible to understand the strategy of defense, and the role of this defense word in the overall defense.
The defense words are not due to the unprofessional lawyer.During the trial stage of the Zhang Dan case, both parties to the defendant had very exciting and professional performance.Due to the great case of Zhang Dan, prosecutors from ten provinces and cities attended the listening and gave high evaluations.Defense is a systematic work. There are division of labor and focusing on each link. The defense words are only one of the many links of the entire defense. Its style obeys the needs of the entire defense strategy, layout, and division of labor.
Zhang buckled a case, and the judgment itself was not a big problem.In 1996, Zhang Mu was killed, and Zhang Mu provoked ahead, holding a flat iron injury in front, causing Wang Zhengjun to temporarily pick up the wooden stick and hit Zhang Mu's head. After that, there was no other harmful behavior.Sister Zhang Diu also confirmed that Wang Zhengjun was not an adult at the time.Under these premise, the defendant was a minor and a passionate crime, and the 1996 judgment was not a big problem.Zhang Dinglou deliberately killed the three, and when the trial was from the trial, the Zhang Diu did not admit it. The Zhang family also refused to compensate. The victim's family members even attached a civil lawsuit also canceled it.Taking into account the case of Zhang Ding, the actual evaluation of the previous case (of course, I think there is no problem), so Zhang Ding is almost dead.
However, it is almost because there may not be no rotation at all, but if you have a little common sense, you know that the transfer is already outside the manpower.Since the hope is slim, only the defense words are super outline, and strive to fight at a larger level, leaving a deduction of life, which is in line with the interests of the parties.
In fact, the super outline of defense words is often a matter. For example, the defense words of Chu Shijian also talked about the relationship between reform and the distribution system of state -owned enterprises.And these super outlines should be considered at a certain level.At the same time as Zhang Dan's case, the United States was also trying a major case, Zhang Yingying's case.Christensen's lawyer also started to defend from his childhood experience, and he was excluded from all angles, including his mental illness, depression, long -term medicine, and his family, colleagues, and girlfriends as witnesses.The final jury did not agree to the death penalty.When Zhang built the teenager, he witnessed his mother's tragic death and was dissected in public.Zhang Ding did not get a spiritual identification, and Zhang Diu died, but Chris Tengsen kept his life.
Therefore, although this super outline does not seem to be related to the law, it is conducive to the parties.Is it possible to survive if it is not overlooking and closely linked to the law?Therefore, this defense word is not professional in lack of professionalism, resorting to emotional, light, and harming the interests of Zhang Ding for gaining reputation, but consider, multiple rational progress, comprehensive legal and social conditions, do sand table deductions, and then then deduce, thenAccording to the results of the division of strategy, the maximum is thinking about the interests of the parties.Of course, it is important to emphasize that all of this is still within the scope of law.In fact, this defense word plays a established role in the deduction, which is conducive to the deduction.The division of labor and the professional ability of the defense words is that most people do not know the goods or see it. It is emotional. However, the Professor of Law actually lacks awareness of the actual defense, which is surprising.
Secondly, different values and positions lead to confrontation of different perspectives; and when traveling in a variety of values, it will lead to logical confusion.
A good defense word is to defend the parties to the greatest extent within the scope of legal permission.The defense word is super outline, as long as it is still conducive to the parties within the scope of the law, it is a good defense word that cannot be the argument from the perspective of politics and interests.On the contrary, if you cannot keep the defense lawyer, it should be conducive to the common sense and position of the basic rule of law society within the legal scope, and you will give an wrong point of view.
Part of the person who criticizes this defense word is part of the part that is beneficial to the parties with justice to criticize the defense words, that is, although it is beneficial to the parties, but to preach blood to revenge, it is destroying the rule of law.Resort to public opinion, harm the righteousness;
The other part is opposite. From the perspective of a favorable perspective of the parties, the super outline part, that is, although the super outline is in line with social emotions, it pointed out the incompleteness of the rule of law and in line with justice, but it is not true.Fortune to the parties.Ironically, the legal defense should be based on the case and facts of the case, and at the same time criticize this defense word from the perspective of two contradictory perspectives, and fall into the logical confusion caused by values.
The lawyer represents the interests of at that time, to fight against the prosecution, explain the facts, and should be the ultimate in the direction of the parties.
In fact, the benefit of the parties is the career responsibility of the lawyer. On the other hand, the part of the Super League in this defense does not harm the interests of the parties, but after exhausting all means, the work is in the sky.
Third, the movement of this position and the confusion of logic actually reflect the problems in deep methodology.
Afterwards, the case of Zhang buckled, and the prosecutor's opinion, as a concept of opposition, was also circulated on the Internet.Many people seem to feel that using prosecutors' opinions can overwhelm the defense of lawyers.Which one is right and well written is a two -choice question.In fact, both are well written, and the writing is not contradictory.The so -called rule of law has maintained the existence of both parties to confront space.In this space, both sides can have wonderful performance at the same time, following procedural justice to pursue substantial justice.In fact, the performance of both parties to the defense has been highly evaluated by prosecutors listening to each province.
It is believed that the concept of defense words and prosecutors can only choose one in one choice. In fact, it is still a superficial problem. The deeper question is: Can lawyers safeguard the interests of the bad guys?
Defense needs to focus on the facts, but before the facts are identified by the law, they can explain the facts differently. However, in the concept of China, many ordinary people believe that the interpretation and application of facts can only be a good person around the parties. IfThe party is a bad person and cannot explain the facts in the direction of the suspect.This concept is generally existed in the general public, and it is regrettable that it appears in an article of a professor of law.According to the logic of the article, the lawyer who defended Christensen was simply helping to abuse, and it should be put into prison mdash; mdash; in a real context, this seems not a prophecy.
Fourth, lack of in -depth thinking about public opinion and legal relationships.
In the current folk public opinion, many people will say this. The US police have already fired, but they will not say: the United States has independent judicial and free news, and the police have been restricted.Similarly, many ordinary Chinese people in this argument will say that there are also law professors say: public opinion cannot affect judicial justice, but they will not say: public opinion should affect legislation, and public opinion helps legislative legislation.Of course, rushing to respond to public events and calm public opinion and rushing legislation, and passionate legislation, are all violation of legislation and reason, but when the channels between public opinion and legislation are not smooth enough, the judicial level considers the public’s wishes.reasonable.Not only does this not harm the rule of law, it may be from anotherPromote the rule of law in one direction.From this perspective, criticizing the defense words to promote the revenge of blood relatives and destroy the rule of law, to some extent, it has not recognized the complex relationship between Chinese public opinion and justice and legislation.
These errors generally exist in folk public opinion, hinder the progress of the rule of law in China, and have a long way to go.Chinese lawyers are quite difficult. Unfortunately, the allegations of logic chaos from the academic community are also based on these folk mistakes and public opinion. As the latest theoretical support of lawyers, add a layer of pressure to Chinese lawyers.The concept of errors in the people echoed the charges from top professors from the academic community, and showed a more meaningful Chinese picture.
(This article only represents the author's own point of view, responsible editor: Yan Man [email protected])
