Because I criticized the handling organs of Mr. Lv’s three cases and the handling personnel for illegal handling and extorting a confession by torture, I was complained by the Hefei Public Security Bureau, the handling organ, and suggested that the judicial administrative organs of Beijing “seriously deal with” me. The Beijing Chaoyang District Justice Bureau planned to suspend my business for one year as an administrative punishment. After this incident was exposed, I got the support of lawyers and the majority of Internet users.
Yesterday afternoon, after the six-hour hearing, I walked out of the gate of Sunshine Halfway Home in Heizhuang, Chaoyang District and found a lot of people waiting for me outside the hearing site. I have lawyers with me, as well as clients in many of my cases or their relatives. Some of them are holding flowers, and some are holding pennants for me.
I was surprised to see all this.
Ningde, Lin Xiaonan case after the end of the second trial trial, after meeting Lin Xiaonan left Ningde, Lin sisters cried, think of me by the Department of Justice to suspend business punishment. They said they would go to Beijing to petition for me. I dissuaded them.
I fear that a petition on my behalf by the relatives of the people involved would be counterproductive rather than helpful. As Lin Xiaonan had left Fuan, the cadres and the masses to send it off, was posted online, it is believed that the leadership is his organization, leading to his investigation, propaganda till now. If they go to Beijing to petition for me, the leaders will certainly think that I ordered them, which will be even worse for me.
The Lin sisters showed understanding to me. But in the crowd yesterday, I still saw Lin Xiaonan’s second sister Lin Xiaojuan. When Lin Erjie and her brother Xiao Hua came to me to defend Xiaonan, they said that the Lin family also wanted to promote the rule of law in China, which I always believed. Perhaps it was because she was worried that I would soon be shut down. When she saw me, Sister Lin cried again.
In addition to the second sister Lin, there were the cases of Peng Dechi in Hubei, Xiong Xin in Jiangxi, Zhan Zhaocheng in Sichuan, Bai Zhigang in Liaoning, Du Guolou in the army, Pan Furen in Shanghai, Wang Fushan in Tianjin, Zhang Junjie in Shandong, Feng Yaowu in Hebei, Zhu Zhiming in Hebei, and many other cases I defended. The litigant or his family members also came. Some of the cases were closed, the results were not good, the parties or family members still came.
Of course, Zhao Jing, the family member of the person involved in the case of Mr. Lv from Anhui Province, came a few days earlier. I know that. I applied for her to attend the hearing court and testify on my behalf, confirming that she had sought many lawyers. Some lawyers were in trouble, some were afraid, and no lawyer dared to advocate for Lv Xiansan until I found Beijing lawyers Jin Hongwei and Yan Xin. She confirmed that she had reported to many departments and accused the investigators of extorting confessions by torture, but none of them dealt with the issue, which proved that the lawyer’s public criticism of the handling organs of Lv Xianshan’s case for illegal handling and extorting confessions by torture was justified and reasonable. The Justice Bureau informed me that they agreed to allow Zhao Jing to testify in court, but they informed me the night before the hearing that they did not agree to allow Zhao Jing to testify.
Even though I was worried that the family member to be present for the parties, will give me the kiss, to complicate matters, even worries led by hostile forces, but after the hearing yesterday, at first glance so many parties or families across the province to support, and law office, sent me flowers, send pennants (including no party families entrust others to send of the pennants) present, I am sincerely happy and delighted, moved.
I tried to understand who had asked the family to send the flowers and banners, and how it felt like someone was organizing. The families of the parties told me that they were all in a group of wrongdoings, they all supported me, and the banner was unified to do by them. People or relatives of my support, the thing happened, also let me happy, gratified, moved, whether it will help or not, I have no matter.
In the evening, I did not return to the party or the party’s relatives, as well as the lawyer friend, the result was bought by the party. During the dinner, several lawyers said they had been told to go to the hearing, but they came anyway.
As a lawyer for more than 20 years, I have defended several journalists, writers, fellow lawyers, scientists, entrepreneurs, officials and civilians. My defense may have left a lot to be desired, but I did my best. It is an honor to be recognized by the client and his family.
If the decision comes down, I won’t be able to handle the case. As a lawyer who has long worked on cases, I’m a little sad these days.
If I get shut down, I probably won’t come back. When I come back, if I continue to handle cases where the litigants complain about their grievances, I may still be unable to help criticizing the illegal handling of cases by the handling authorities. In this way, according to the Chaoyang District Judicial Bureau to my suspension of business punishment standard, I do a case, may be suspended from business, and then directly revoke the practice license, can not work as a lawyer. I don’t want to be suspended and keep a lawyer’s certificate. Even if I don’t handle cases, I am still a lawyer. I keep my dream and ideal for this profession, and I can also share the glory of this profession.
So I can only say sorry to the clients and their relatives who wished to entrust me with their counsel. Good luck!
The number of officials who have voiced grievances over the years has also increased. Officials may also need a lawyer at any time. Any indicted official would presumably not want a lawyer’s defence confined to the courtroom. Nor should a lawyer’s defense be confined to the courtroom. As U.S. Justice John F. Kennedy put it in an opinion concerning lawyers’ out-of-court speech, “The duty of a lawyer is not confined to the courtroom. He/she should not ignore the practical results of the legal proceedings against his/her parties. As a lawyer after the trial might push plea bargaining to prevent possible due to the bad results in the failure of the trial, lawyers also can be used in a rational way to defend the reputation of the parties, reduce the negative effect on prosecutors accused of the parties, especially in the prosecutors to position itself is not fair or even so is the case with bad motives. A defense lawyer can assist his client in exonerating or mitigating the charges with legal strategies, including proving in court that the public opinion is that his client should not be sentenced to any punishment.”
I wish the incumbent officials would be more lenient about lawyers’ opinions out of court. Direct contact with a variety of cases of lawyers, the judicial practice of the problem, the operation of the legal system, the most say! Their criticism of the illegal handling of cases and extorting confessions by torture has done nothing to promote judicial justice and the building of a law-based society. It has done no harm, or at least it has done more good than harm.
It is not a blessing for the country to stifle what lawyers say out of court. To be more serious, this will bring disaster to the country and disaster to the people!
Finally, I want to thank the people who care about me for a long time.
Thanks to the leadership of the judicial administration department who is planning to suspend business for me! Your long tolerance has kept my practice of law going to this day and enabled me to help so many people, so many of my prosecuted clients, out of jail or out of liberty. If you had suspended my business or even suspended my license as soon as possible, none of this would have happened, nor would there have been the scene yesterday when the parties or relatives of the parties came to my support.
Thank my client and the client’s family! You gave me trust, respect and love. You made me feel the value of being a lawyer. Through dealing with your cases and interacting with you, I have learned so much that I have grown into the person I am today.
Thanks to my fellow lawyers for their support! You gave me a sense of what it means to look out for one another.
Thank you to my classmates, teachers and alumni during my study and work in different schools! — You have always encouraged me and supported me.
Thank you to my two agents, Professor He Haibo and Lawyer Wang Fei! — Yesterday’s hearing lasted from 9:30 a.m. to 3:00 p.m., and he didn’t have lunch. Professor He Haibo still has a bad stomach.
Thanks to my wife! She has been taking care of our children, doing all the housework, leaving more time for my cases and for my clients.
Thank you very much!
Zhou ze 2021.1.6
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