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Ai Weiwei
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涉嫌色情、偷税、煽颠、切汇、包奶、抄袭、走私七宗罪。
涉嫌色情、偷税、煽颠、切汇、包奶、抄袭、走私七宗罪。

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Learning Materials for Lawyers in Beijing on The Rule of Law
No.4

Warning education
Excerpt of News and Reviews
on the Inviting Suspicion
of Bejing Fengrui Law Firm


Beijing Municipal Bureau of Justice
July, 2015










Editor’s Note
According to Xinhua Net and People’s Daily, in July,2015, a severe criminal gang based on Beijing Fengrui Law Firm was destroyed by the public security organs in Beijing, Tianjin, Heilongjiang ,Shandong and Fujian under the deployment of the Ministry of Public Security. The criminal gang has plotted and hyped over 40 sensitive cases since July 2012 which has severely disturbed social order, caused a baneful influence on lawyer industry in Beijing and seriously damaged the image of Beijing lawyers. We must pay high attention on this case.
In order to coordinate with the education of a comprehensive rule of law among Beijing lawyers, we complied the major media’s reports and reviews of the case into a book for warning education of lawyers in Beijing.



Editor
July, 2015



Contents

Cases reports

1.Uncover the Shady Deals of the “Legal Rights Protection” Case
2.Full Report on the Beijing Fengrui Law Firm Case
3.Reveal Zhou Shifeng in Fengrui Law Firm

Case reviews

1.A Lawyer’s Battlefield Should Be The Court
2. Improving Lawyers’ Awareness of Professional Ethics
3.The Mixed Lawyer Community in China: Some Lawyers Disrupt Judicial Procedures for Instant Fame and Wealth
4.Do Not Allow “The Black Sheep” in Lawyer Community to Destroy Rule of Law
5.The Department of Justice's Response to the Arrest of Lawyers
6.Lawyers are not "Legal Businessmen"
7.Lawyers Should Serve as Models to Respect and Observe the Law
8.Punish the "Rascal" Lawyers to Create a Sound Environment for a China of Rule of La
Case report

Report 1

Uncover the Shady Deals of the “Legal Rights Protection” Case--the Ministry of Public Security Commanded to Smash a Beijing Fengrui Law Firm-based Criminal Gang, with “Legal Rights Protection” Lawyers, Demagogues and Petitioners Colluding with Each Other, Making Troubles and Creating Social Chaos
Xinhua Net, Beijing on July 11th, 2015
( by Huang Qingchang and Zou Wei, correspondents from People's Daily )

A lot of troubles were made by lawyers and petitioners throughout China: Qing'an County in Heilongjiang Province; Nanchang City in Jiangxi Province; Weifang City in Shandong Province; Zhengzhou City in Henan Province; Changsha City in Hunan Province and Wuhan City in Hubei Province,etc. What caused to the emerging hot issues one after another? What led to the attacks, slanders and cyber huntings of presiding judges as well as officers-in-charge of sensitive cases outside the court? Then what brought about troubles made by a lot of people, with a hand of malicious manipulation looming behind a series of hot issues and cases?
Under the command and deployment of the Ministry of Public Security, public security organs in Beijing, Tianjin, Heilongjiang, Shandong and Fujian conducted a thorough investigation. Recently, the criminal case of great concern which involves the suspects Zhai Yanmin and Wu Gan has made some new progress based on the suspects’ confessions and relevant clues--the Ministry of Public Security deployed and commanded public security organs in Beijing and other regions to jointly smash a major criminal gang which organized, planned and speculated over 40 sensitive cases through Beijing Fengrui Law Firm since July, 2012. So far, relevant clues about a suspected criminal gang, which is driven by “legal rights protection lawyers”, have emerged. With a large number of people involved, this criminal gang, in which “petitioners” are mutually colluded, is tightly organized and elaborately divided. All kinds of shady deals of the gang have been unveiled gradually--it seriously disturbed social order and attempted to achieve sinister purposes in the name of “legal rights protection”, “justice” and “public good”.
Many people, including Zhou Shifeng from Beijing Fengrui Law Firm have been under criminal detention for their organization, plotting and speculation of over 40 sensitive cases as well as serious disruption of social order since July, 2012.
Well-organized and systematic criminal gangs caused troubles and divided their work elaborately
In May this year, the “Qing’an Incident” occurred in Heilongjiang Province. Why shall the policeman’s legal shooting be speculated as the “shooting of petitioner”?
Suspects Zhai Yanmin, Wu Gan and Liu Xing made a full confession that it was “legal rights protection circle” who should be responsible for it. Their confession unfolded the thread of thoughts on how the “Qing’an Incident” turned into a national public event so rapidly--the “legal rights protection” lawyers’ stirring up troubles, demagogues’ plotting and organizing the case , and ‘petitioners’ making troubles.
According to Zhai Yanmin, these “legal rights protection” lawyers are the core of this criminal gang and the very first people who rushed out from the crowd. Lawyer Xie was the first to propose to speculate the “Qing’an Incident”.
When the incident occurred, the “legal rights protection” lawyers established a WeChat group named “Protect Legal Rights for Qing’an Incident”, released the “inside information” that “Xu Chunhe is the petitioner” and “the policeman opened fire under his leader’s instigation” and spread the rumour that “the policeman shot a petitioner dead” online rapidly. Lawyer Xie and the other five lawyers held banners at the Qing’an railway station and signed an agency agreement with Xu Chunhe’s mother. After reading the report that a local leader conveyed their solicitude to the policeman who opened fire at the petitioner, lawyer Tang suggested a cyber hunting of this leader and decided to speculate and put pressure on the government.
In “Qing’an Incident”, with the coordination between relevant lawyers and demagogues, the criminal gang speculated this case by making “petitioners” hold banners and designating people take pictures and uploading them to the Internet, followed by the important demagogues Wu Gan--the “super vulgar butcher” netizen. Wu post a 100,000 RMB reward for on-site video of the “Qing’an Incident”
Based on Zhai Yanmin’s introduction, Wu Gan is very brave in speculating over sensitive cases and enjoys a big fame in their circle. “Petitioner” Liu Xing asked Zhai Yanmin on the phone whether he should organize a group of people to “support”. Zhai immediately called Wu Gan. Wu said that there was no need to do so temporarily, and let them wait for lawyers to speculate over this issue, and then act accordingly.
Within a few days, the “Qing’an Incident” became a great concern of the public. Zhai Yanmin organized and coordinated petitioners from different regions to Qing’an to “support” their action in five groups. Petitioner Li from Shandong Province proved that she held banners at the Qing’an railway station and got a reward of 600 RMB. She and other petitioners were detained by local public security bureau, then they went to Beijing after a full term of detention. Zhai Yanmin set a triumphal feast for these “Qing’an” warriors.
Zhai Yanmin said, “Since I stepped into this circle, they have been speculating based on such a fixed pattern and procedure. “Legal rights protection” lawyers often send some videos or pictures and some provocative views about a sensitive case on WeChat. If the issue is not speculated, they will go to the scene of incident in person. At that time, some people will organize petitioners to “support” on-site in the name of seeking the truth to arouse social concerns and spark heated debate.
What exactly is the “circle of legal rights protection”? Through investigation, police proved that such a circle was divided into three levels: the organization core, including director of Beijing Fengrui Law Firm, executive assistant Liu Sixin and lawyers, such as Huang Liqun; planning operation level, including lawyer Wang Yu, Wang Quanzhang and demagogue Wu Gan, Zhai Yanmin and Bao Longjun, and follow-up participation level, including "petitioners" Liu Xing and Li.
The police introduced that in addition to “legal rights protection” lawyers, demagogues and "petitioners", there are still other people involved in the circle of legal rights protection -- the designated person responsible for shooting the scene and sending it to the WeChat group for someone to sort out useful information and send it to overseas websites. Subsequently, some online VIPs make comments and repost so as to put heavy pressures on the local governments. What are the sources of the "support" activities’ funds? Zhai Yanmin, Liu Xing confessed that they would raise money on the Internet for each “support” activity. And sometimes they receive overseas financial assistance. Petitioners who intend to participate in support activities can get some reward and subsidies. Zhai Yanmin said, "in some activities, the lawyer group will give us some money. I will distribute the money to the people who participate in the support activities and leave some for myself.”
How can such a large group keep in touch with each other and act in concert? Through investigation, the police found that they, on the one hand, organized regular meetings, dinner parties, conducted "experience" exchanges, and discussed action plans; on the other hand, they contacted with each other to plan and conduct professional training through instant communication tools such as WeChat, QQ group and "telegram". There are a lot of similar groups, which are named after the hot issues, the action targets and common interests.
Zhai Yanmin confessed that “telegram” is mainly used for the group to connect with each other. The speech inside the telegram is basically to attack the Communist Party of China and the government. Using the telegram, they can plan and organize a variety of support activities, set the time to delete the pictures and texts so as not to let the government know.
The experienced Liu Xing who was punished by the public security organs for many times confessed the fact that he connected with Zhai Yanmin through “telegram” and admitted that Zhai introduced many lawyer friends to him. In addition, he said that under the planning of Zhai Yanmin, he organized petitioners to participate in nearly 10 sensitive cases, such as speculating over the case that the Hunan lawyer Xie Yang sued the judicial and administrative organs, through meditation, shouting slogans, hoisting placards and holding banners on-site.
According to Zhai Yanmin, in the circle of “legal rights protection”, they call petitioners as citizens because “petitioner” is not pleasant to hear. Most people in this circle are dissatisfied with the reality and the government and often vent their anger and cause troubles through some incidents. They are even proud of being detained.
Speculate over hot issues and instigate trouble makers both online and offline
Through investigation, the police has proved that the “super vulgar butcher” Wu Gan, who took the lead in many sensitive cases is the executive assistant specially appointed by Zhou Shifeng, director of Beijing Fengrui Law Firm. Though he is not a lawyer, Wu Gan enjoys a special status in the firm, with a monthly salary of over ten thousand yuan and extra activity funding. Zhou Shifeng heavily relied on him and let him participate in important decision-making process directly.
“Wu Gan once launched the support for three cases: one occurred in Qufu, Shandong Province; one was the Jian Sanjiang case which occurred in Heilongjiang Province and another one involved ten people detained in Zhengzhou, Henan Province. Though Wu has no legal background, Zhou Shifeng asked him to join his law firm, with the purpose of taking advantage of his popularity so as to expand the influence of Fengrui Law Firm and gain more cases and financial sources. ” In Zhai Yanmin’s view, it is Wu Gan’s courage, fresh ideas and attractive behaviors that Zhou Shifeng is satisfied with.
Fengrui Law Firm always encouraged its staff to speculate common issues into hot issues and speculate sensitive issues into political issues so as to make ill-informed people and netizens to follow and stir up their discontentment with the government.
Criminal suspect Huang Liqun from Fengrui Law Firm confessed,"When choosing cases, Zhou Shifeng not only pays attention to the level of agency fees, but also the possibility of speculation. Zhou Shifeng claimed himself as Song Jiang in the legal profession and specifically recruited some lawyers who didn’t comply with the legal norms and handled the acting cases by illegal means. He took the initiative to bring these people together and give them funding so as to make them feel that they have a strong backing. According to the police, these “violent” lawyers confronted with the court both in the court and on the Internet when handling some sensitive cases and they commanded the petitioners from the backbone organization to make troubles behind the scene. Through making troubles outside the court and offline, the lawyers and petitioners coordinated with each other and became the direct backstage driving force of speculating over sensitive cases.
The suspect Wang Yu is one of the “violent lawyers” in Fengrui Law Firm. Wang not only was questioned for fake lawyer’s professional resume and "freeloading", but also had a dispute with railway staff in Tianjin in December, 2008 that she wounded an 18-year-old Zhang in the ear and caused him to deaf. Therefore, she was sentenced to imprisonment for two and a half years. After being released from the prison, she was keen to intervening and speculating over all kinds of sensitive cases. For example, when she dealt with Fan Mugen case from Suzhou, she deliberately distorted the details of this case by posting online, which made many people blindly follow up. In court, hundreds of onlookers gathered in front of the court to “support” her. During the trial, Wang Yu made a huge fuss in the court until she was taken away from the court and “interacted” with the petitioners outside the court by hoisting banners and shouting slogans to attract more onlookers and make an impact.
According to Zhai Yanmin, the styles of many lawyers and staff in Fengrui Law Firm are similar to Wu Gan’s. For example, Liu Sixin, who was released upon completion of a sentence, has no lawyer qualification certificate and hates China’s current system bitterly. Wang Yu made huge fusses in court and detention center. Wang Quanzhang, for whom it is hard to speak a complete sentence clearly, dares to take over all kinds of cases.
Many criminals summarized the features of Fengrui Law Firm’s speculation over cases as “fresh, eccentric and special”.
Fresh. It means that lawyers should have fresh ideas, instead of following the traditional legal procedures. Zhou Shifeng once told Zhai Yanmin that it wouldn’t work if we dared not to defy the authority, such as obeying to policemen’ commands in public security bureaus and accepting judges’ sentence in court. We should be aggressive and ignore what they say, handling all kinds of issues according to our own will.
Eccentric. It means that inviting some eccentric people like Wu Gan and making full use of their “specialties” --having courage and will to fight and do something that ordinary people never do. For instance, Wu Gan once stuck the image of a female cadre on a nude model model, and broadcast “Sleep Every Day” live on the Internet, and he even set up a mourning hall for a court leader at the gate of a court.
Special. It means applying some unique approaches, such as seeking “support” for looking on their acting cases, reporting and complaining the presiding judges, policemen and local officials, calling upon netizens to conduct cyber hunting of them, putting pressures on them, organizing parties concerned, relatives and other irrelevant people to siege the political and legal organs so as to put pressures on these organs and achieve the acting effect which is beyond the normal legal system.
According to Huang Liqun, Fengrui Law Firm represented and speculated many sensitive cases. Zhou Shifeng often instigated lawyers to make troubles in acting cases. When these lawyers went back to Beijing, Zhou Shifeng would arrange his staff to pick them up at the station with a bouquet of flowers held in hands and undisguisedly praised these lawyers for having done a good job.
With different ideas, each member wants to raise popularity, make a profit and cause chaos
Then, what benefits can these “legal rights protection” lawyers, demagogues and petitioners gain from the speculations over “legal rights protection”? Do they have underlying purposes?
Huang Liqun, Zhai Yanmin, Wu Gan and Liu Xing confessed that the very purpose of their organization was to gain popularity, make a profit and cause social chaos. Under such speculation, participants in every section can obtain some profits.
Lawyers have certain social status themselves. After getting involved into these cases, they will raise the public concerns about these issues and cases so as to bring a more profound social influence. By doing so, lawyers can not only increase their popularity, but also earn agency fees.
For non-lawyer staff in the law firm such as Wu Gan, he not only raised his popularity and extended his influence, but also accumulated wealth in each donation through speculating over sensitive cases. For another instance, press staff who are responsible for sending “support” messages to outbound websites sign their names after sending these messages and employees working for those websites will find them and pay them.
For petitioners, although they have no connection with these sensitive cases, they choose to join the criminal gang as they can receive assistance from lawyers for their appeals. In addition, they can arouse local government’s attention, which is beneficial to their appeals. Meanwhile, they can receive some financial benefits. Besides reimbursing for their travel expenses, the firm also gives them some subsidies worth hundreds of RMB. And if they are detained by the police, they can even receive the detention subsidy.
For the demagogues like Zhai Yanmin, every time they participate in a sensitive case, they can get “subsidies”, ranging from hundreds of RMB to thousands of RMB and raise their reputation in this gang. Zhai said, “I like such a feeling because I have no income. In this way, I can not only make a profit, but also earn the respect from petitioners.”
For Fengrui Law Firm, speculation is a shortcut for it to become famous and make profits--after the speculation over a series of hot issues, Fengrui Law Firm made a name for itself and rolled in money. Just as what Zhou Shifeng said, it’s difficult to win a lawsuit by legal means. However, Fengrui Law Firm has the capability to apply illegal means to win a lawsuit so that it can take this opportunity to publicize itself.
For the last few days, Huang Liqun, Zhai Yanmin, Wu Gan and Liu Xing conducted deep introspection on their serious suspected crimes and recognized the severe hazards of their so-called "legal rights protection " activities.
Huang Liqun confessed, “I was cheated by Zhou Shifeng who took advantage of my identity as a former staff in state organs to raise his status and drum up for his business. I became a publicizing tool of him.” Zhou Shifeng not only tempted him to take early retirement, but set multiple traps for him, making him act as a procurator sensitive cases without informing him of the details. In addition, Zhou arranged interviews for him with reporters, totally treating him as a tool.
Zhai Yanmin said, “our behavior seriously disrupted social order, causing serious social chaos, such as traffic congestion. We misled many ill-informed people, leaving them a negative impression on our government. Some of them even intended to join us. Besides, what we did provided speculation opportunities for people with ulterior motives so as to enable them to defame the image of our government as well as other sinister purposes.”
According to Zhai Yanmin, lawyers should protect the legal rights of the party concerned by legal means, instead of using despicable, crooked and abnormal means like Fengrui Law Firm did, which seriously undermines the rule of law and goes against fairness and justice. Whatever appeal you have, you must obey the rule of law. We should never speculate sensitive cases, nor can we publicize some negative thoughts. It’s necessary for us to highlight the positive side of the society.
Currently, suspects, including Zhou Shifeng, Liu Sixin, Huang Liqun, Wang Yu, Wang Quanzhang and Bao Longjun are under criminal detention according to law by public security organs. In addition, the police revealed that those listed above were suspected of other serious crimes. The case is still under further investment.


Report 2

Full Report on the Beijing Fengrui Law Firm Case
Source: People’s Daily 2015-07-19
By Zou Wei, corespondent of Xinhua News Agency and Huang Qingchang, correspondent of People’s Daily

“I confess, and I hope I can be given a second chance.”
“There is no doubt that my law firm have violated laws and made some serious mistakes.”
Suspect Zhou Shifeng, director of Beijing-based Fengrui Law Firm, confessed.
Recently, local public security organ, under the deployment of the Ministry of Public Security, cracked a major criminal gang led by Fengrui Law Firm, in which some lawyers, demagogues and petitioners colluding with each other and has greatly disrupt public order. Nine lawyers, including Zhou Shifeng, Wang Yu, Li Heping, Xie Yanyi, Sui Muqing, Huang Liqun, Xie Yuandong, Xie Yang and Liu Jianjun, along with Liu Sixin, Wu Gan and Zhai Yanmin have been placed under criminal compulsory measures.
What is the latest update on the investigation? How did the criminal organization work and collude within the firm to endanger the society? What do they want from disrupting public order and violate trial proceedings? What harm have they caused to the party, to the society, to the law industry and to the rule of law in China by what they did in and out of courthouse?

Violate trial proceeds at court and creating uproar outside the courthouse
Zhou Shifeng and his colleagues were suspected of serious crimes
“At the Fengrui Law Firm, Liu Sixin prepared basically all documents needed for a hearing while Wu Gan, nicknamed ‘The Butcher’, was famously known to specialize in the 'physical' aspect of things, along with a group of 'warriors’, including Wang Yu and Wang Quanzhang. They completely disregarded legal facts or laws and regulations when in court, and could always make a scene outdoors no matter how big or small the case was”
--By suspect Xie Yuandong, an intern lawyer at Fengrui Law Firm
After preliminary investigation of the police, the group led by Zhou Shifeng has organized over 40 controversial incidents which severely disrupt judicial proceedings and social orders.
“We hyped and politicized sensitive cases to raise attention, especially international ones.” Many suspects admitted that Fengrui Law Firm had purposely picked up controversial and sensitive cases to gain prominence and when the cases were not sensitive enough and had not gotten enough attentions, they would hype it. All cases taken on by the law firm must be consented by Zhou Shifeng first to get introduction letter. In fact, Zhou Shifeng was aware of what he was doing, and he even warned his colleagues that: “We may get arrested any time. Be cautious.”
In January, Xie Yuandong was sent to the city of Dali in southwest Yunnan Province on a case with Wu Gan, an administrative assistant at Fengrui Law firm, and his online name is “Super Vulgar Butcher”.
“I immediately knew that Wu would create troubles once he arrived there,” Xie said, adding that it was arranged beforehand that Wu was responsible for creating pressures in the court while Xie attended the case.
Wu drove around the court building repeatedly after being banned from entry. Once allowed inside, he continued to drive around in the yard while shouting the name of the head of the court.
Wu Gan briefed to Zhou Shifeng, who responded: “Excellent.”
Wu Gan was involved in the hyping of multiple cases taken on by Fengrui Law Firm. He played a key role in raising banners, shouting and screaming the names of court judges and local officials as well as posting messages online to hype cases on multiple occasions.
“Lawyers do what lawyers should do. Butchers do what butchers should do. This is good cooperation,” said Zhou Shifeng, “Although Wu was no lawyer, he was capable of doing what lawyers could not do.”
Liu Sixin was another administrative assistant at Fengrui Law Firm. It is learned that he was once imprisoned and does not even have a lawyer qualification. But since he was a law education background, he wrote and prepared basically all the documents needed for a hearing.
“Zhou Shifeng is a lousy lawyer. His capacity is totally inconsistent with his qualification and his age, at least from my point of view.” Suspect Liu Sixin said. Zhou Shifeng never read case files before the trial. He only read loud word by word at court what Liu drafted for him. Besides, Zhou Shifeng never dealt with cases based on standard procedures. His cases had no case files, no documents and no materials.
Zhou Shifeng admitted: “I used the files he prepared as mine at court.” He also confessed that Wu Gan and Liu Sixin were “audacious people”. They can help put pressure on authorities concerned by hyping up cases online.

Fengrui Law Firm has caused as an uproar outside the courthouse as at court
Camera recordings for a court hearing in the northeastern city of Shenyang in April, 2015 showed that several defending lawyers were shouting and screaming shortly after the trial opened despite judges' calls for order. They later switched targets to police trying to interfere, with the firm's female lawyer Wang Yu pointing fingers and calling them "hooligans."
Jiao Yuling, a chief judge with the court, said that all four trials on the same case had to be aborted due to the commotion created by defending lawyers, the defendants and their relatives.
Making a scene and then being forced out of court was the group's usual tricks to paint an image of victim for themselves, induce sympathy and hype up cases on a wider scope.
Before a court hearing on April 2013 in Jingjiang City of the southeastern province of Jiangsu, defender Wang Quanzhang, another lawyer at Fengrui Law Firm like Wang Yu, and Li, who has no legal certificate, accused the presiding judge of Jingjiang City People's Court in Jiangsu Province for no reason. Wang Quanzhang disrupted court order by asking to leave the court and fabricating information. He recorded and took pictures of the hearing by phones with cloud-recording function without the approval of the court and then posted them online to hype up the case. Then Li intruded into the defend seats twice. Eventually Wang Quanzhang was detained due to his severely disruptive behavior at court.
Outside the courthouse, some people have prepared to launch the so-called “Rescue Lawyer Wang Quanzhang” campaign online and to instigate public opinion to create pressure on the court. The phone numbers of officials and presiding judges were posted online, who got numerous crank calls in the next few days.
According to the police, Zhou Shifeng also colluded with Zhu from “People’s supervision website” to hype up cases and raise the reputation of lawyers at Fengrui Law Firm, including Wang Yu, Wang Quanzhang and Wu Gan, who frequently spread negative comments in interviews with foreign media on CCP, Chinese government and judicial system.

Reputation and profits
Collusion with demagogues and petitioners help the establishment of the profit chain

“Fengrui Law Firm was very young back then and couldn't compare with other influential counterparts. It was not until 2012 did it become a partnership firm. I wanted to manage several huge cases, and once with a reputation, I could make more money,” Zhou said.
--Suspect Zhou Shifeng, director of Fengrui Law Firm
To gain reputation as soon as possible, Zhou Shifeng selected lawyers not based on their quality but on their fame. "I let my subordinates do whatever they could to boost the firm's reputation. For major and difficult cases, I would instruct them to create some influence and attract public attention," Zhou said.
Now, Zhou Shifeng is deeply regretful. He said: “I turned a blind eye to them. What they did while representing cases broke the law and greatly endangered social security. And I, as the director of Fengrui Law Firm, have a great responsibility for it.”
Zhou Shifeng once made great efforts to recruit Huang Liqun, a retired government official. Zhou said, "he was an official within the governmental system and had huge influence. I could take advantage of his resources, and use his influence to expand my own."
Referring to ex-convict Wang Yu, who was famous for shrewish quarrels, Zhou said: "Wang Yu enjoyed quite a reputation in the lawyer industry. Although she earned it mostly from shrewish quarrels and public exposure, it was an indisputable fact that everybody knew her."
Xie Yuandong, who used to work for state-run media, was among the people recruited by Zhou. Zhou said: “Ever since he joined us, I often introduced him as a reporter who used to work for state-run media and resigned to be a intern lawyer here at Fengrui Law Firm, to which he responded humbly that he was just my assistant. This can almost immediately emphasize my status and raise the reputation of the law firm.” Judges who have been disturbed by Wang Yu and Wang Quanzhang pointed out that they constantly create pressures for the court to sway court decisions. They hope they can, by putting pressure on judges to turn major cases to small ones, felony to misdemeanor and turn the verdict from guilty to acquittal, raise the reputation of Fengrui Law Firm in the lawyer industry.
A suspect Gou revealed that he once reached out to Zhou for a case on payment delays for migrant workers, but contrary to Zhou's previous image as a rights lawyer, he showed no interest in the case and refused.” It was all about profits. They were not interested in helping them because defending the migrant workers won't earn them much money," Gou said. After some time, Gou stopped thinking of them as lawyers protecting people’s rights.
Other members of the firm also include Zhai Yanmin, who often organize petitioners to hype up cases all around the country. “I have never learned law. I was probably chosen by Zhou because of my ability to organize large numbers of petitions.”
It’s learned that lawyers led by Zhou Shifeng, Wang Yu and Wang Quanzhang hyped up cases based on a fixed model. First, Wu Gan hyped up the case online with the help of some celebrities. Once the case got enough attentions, they solicited funds in the name of rights protection which was later used to organize petitioners to make a uproar at the scene of the case.
According to multiple suspects, donations collected from people all around the country out of good will became a way of making money for some people.
Zhai Yanmin confessed that, in each donation for hot cases, there should be coordinator, bookkeeper and supervisor. But in fact, use of the charity funds was seldom monitored or recorded, and many went to the lawyers' own pockets.
Liu Sixin confessed that: “An online donation was held for a high-profile case in Heilongjiang Province last year, with more than 100,000 yuan collected. I was supposed to be the supervisor, but I hadn't a chance to see the ledger and had no idea where the money had gone.”
The firm claimed to accept cases free of charges, but would later organize donations to solicit funds online in the name of rights protection. For example, Wang Yu claimed to represent Fan Bengen of Jiangsu Province free of charges when Wu Gan was raising funds online as the attorney's fee. In this way, the lawyer concerned can become famous and get paid at the same time. Wang Yu and Wu Gan also incited people to gather outside the courthouse. After petitioners got arrested for disrupting social orders, these lawyers then hype up themselves by representing these petitioners so as to get continuous attentions from Chinese and foreign media.
Many petitioners involved said that they only came because of the money. Now that they know that they have been used, all of them are very regretful.
59-year-old Li Chengli from Baoding City of Hebei Province is not a petitioner but a temporary worker at a local hospital. He heard about the donation for Qingan Case through WeChat. He learned that he could make some money out of it, so he came to Qingan. After that, he went to Weifang City in Shandong Province for Xu’s case to make more money and was arrested there.
“We have no idea what right we were protecting and for whom,” admitted Liu Xing, also a petitioner. He only joined them to go to places he has never been to. “I’ve never been to places like Changsha City, it’s just like traveling.” Now Liu Xing realized that he had been used. “Thinking back now, I realize I’m just a bullet or cannon fodder used by people for all these years.”

Violating laws and disrupting judicial process with absolutely no concern for fairness, justice and the interests of clients
“Lawyers are legal professionals in our socialist society. They should more consciously preserve and defend the legal order instead of violating it.”
--By Wang Jinxi, vice-president of the research center on legal issues of China Law Society and law professor with China University of Political Science and Law.
Recently, multiple suspects have made profound confessions, realizing that what they did severely disrupted judicial process and harmed social fairness and justice.
--To gain reputation and profits and to achieve other unspeakable intentions, some lawyers even sacrifice the legitimate right and interests of their clients.
In a trademark case in Erdos in 2014, while other lawyers recommended reducing sentences, Zhou claimed to be able to prove the defendants' innocence so as to win the defendants' trust and manage the case. He reportedly promised to return the one million yuan as the attorney's fee if he couldn't get half of the arrested released. Zhou's group then resorted to the usual tricks of disrupting court orders, verbally attacking judges and hyping up the case on the Internet, but the court still announced all the defendants guilty.
“Clients did not think that their legitimate rights interests had been defended and Zhou never returned the one million yuan,”an unnamed lawyer with the firm said. Zhou Shifeng also yelled at lawyers who were unwilling to stand against the court, cause a uproar in court and support him.
“They hype up sensitive cases, making the case hot enough to incite people to take to the street and get international attentions,” said Zhai Yanmin. The more attentions the case got, the more advantageous for the lawyers because they can raise the attorney’s fee, get a reputation and attention of foreign media. They don’t care the interests of their clients.
“We lied to our clients for profits and reputation and we hyped and politicized some ordinary case. I think this is going nowhere. Sooner or later, we would be exposed by our clients and people,” said suspect Liu Jianjun said, who once organized petitioners with Zhai Yanmin to Weifang of Shandong Province.
It’s reported that Xu appealed after he was sentenced to 10 years on corruption charges by the Zhucheng City People's Court in Shandong Province. Before the appeal hearing, Xu’s family Jia reached Liu Jianjun for help, who planed a discussion on this case in Beijing, in which some people proposed to “put some pressure on the court”. Liu then asked for the help of Zhai Yanmin, who organized a dozen of petitioners to go to Weifang of Shandong Province. Those petitioners raised banners, shouted and screamed outside the courthouse, attracting a lot of onlookers and causing severe traffic jam.
“We paid 70,000 yuan for the discussion and 10,000 for petitioners, but in the end, Xu was still convicted,” said Jia regretfully. “I should never listen to their suggestions in the first place.”

--Many hearings cannot proceed due to the uproar made by Zhou Shifeng and his employees. Cases that are clear in fact were forced to be re-trialed repeatedly.
Wang Yu once beat a 18-year-old ticket collector to deaf at the Tianjin West Railway Station. She was later charged with assault by Tianjin Railway Public Security Bureau. Wang Yu’s defense lawyer organized people who had no relations with the case to wear white hats and shout outside the courthouse so as to create pressure on the court.
“What impressed me most is that these lawyers really did not attach great importance to the interests of their clients. They mainly focused on how to put pressure on us by taking to the street, shouting outside the courthouse and colluding with the mob in Beijing and Tianjing,” said Wang Ping, vice-director of Tianjin Railway Public Security Bureau. The court sentenced Wang Yu to two and a half years on assault charge and pay compensations.
In representing Fan Mugen from JIangsu Province, Wang Yu purposely distorted case facts online and got many people’s blind supports. Before the hearing, hundreds of people gathered outside the courthouse to show support while Wang Yu was intentionally making a scene at court and then being forced out of court. She then joined the petitioners outside the courthouse to raise banners, shout and scream in an attempt to attract more attention. Eventually, they even managed to get the supports of some foreign media.
He Yong, a senior official with the Ministry of Justice, said that acts of a minority of lawyers have gone far beyond the realm of their professional practices, severely violating lawyers' professional ethics, disrupting judicial activities and social orders.
“Lawyers should set an example in respecting, obeying, knowing and using law. They should never incite people to disrupt the rule of law,” said Liu Wujun, editor-in-chief of Justice of China. “Lawyers must stick to their professional ethics and the spirit of the rule of law. Legal professionals among all people should respect law and the rule of law. They should be cautious not to violate their professional ethics and work in accordance with the law, especially on major and sensitive cases.”

--Following investigation also revealed evidence pointing to possible tax evasion and bribing state functionaries in order to win cases. In the meantime, how Zhou Shifeng violated the law personally was also found.
In the trademark case, Zhou reportedly let the defendants wire the one million yuan agent fee as well as 300,000 yuan traffic fee directly to his personal account. 300,000 yuan from a case in Jiangsu Province and 700,000 yuan from a case in Henan Province was also wired into Zhou Shifeng’s personal account. "Attorney's fees were often wired into my own accounts or accounts related to me, and I didn't pay tax for those fees. It was a severe violation of the law," Zhou confessed.
According to financial staff at Fengrui Law Firm, Zhou paid firm employees' salaries himself, exact figures unknown to the financing office with the payroll stating 3,500 each person. Liu Sixin once had doubts about this, believing that salaries should be paid by financing office of the firm. Although he dares not confront Zhou Shifeng, he noted that “it might be related to income tax evasion”.
After preliminary investigation, it’s found out that Zhou Shifeng even bribed few officials from some authorities to win the case. Besides, seeing that the client he represented in a case was bedridden due to a car accident, Zhou raped his wife when traveling with her and had her give birth to a girl. Most women who had sexual relations with Zhou were young girls people from Zhou’s hometown asked him to look after in Beijing.
Many suspects who were led by Zhou Shifeng to hype up the case and disrupt judicial process have expressed their regrets--
“What we did violated lawyers’ professional ethics. We should put the legitimate rights and interests of our clients and the social fairness and justice before our craving for attention,”said Xie Yuandong.
“Our acts were not compatible with a normal lawyer. Whether practicing the law or being a citizen, no matter what problems emerge, we should always resort to legal channels to solve them,” Liu said. Liu added that "savage acts" can only become negative factors in the country's rule of law and might also be taken advantage by foreign malicious forces.
“Lawyers must obey the law. Even misdemeanor committed by lawyers can shake people’s faith and confidence in the rule of law,” said Wang Jinxi. “What lawyers say and do should not endanger fair trials because this could affect the interests of the parties concerned, people opinion of the case as well as court’s decision. This is strictly regulated in other countries too.”



Report 3

Reveal Zhou Shifeng in Fengrui Law Firm
——Handling Cases with “Three Nos” and “Defending Cases by Acting”
CCTV news July 19th, 2015

Recently, deployed and commanded by the Ministry of Public Security, the police in some places like Beijing destroyed a criminal gang taking Beijing Fengrui law firm as the platform and led by Zhou Shifeng, the director of this firm. They are suspected of disturbing social order. Zhou Shifeng, Wang Yu and other people were taken criminal coercive measures according to law, nine lawyers included.
The detection of this case has brought about extensive attention in society. People's eyes all focused on Beijing Fengrui Law Firm. What kind of law firm it is? How did Zhou Shifeng as the director play the role of agent? With deepening investigation, more and more facts have emerged.
Handling cases with three NOs and defend them by acting
In May 2014, the Intermediate People's Court in Erdos held a court to hear a case of forging, selling, and registering trademark. Before the hearing started, many lawyers believed that from the perspective of professional defense, they should advocated misdemeanor defense. However, in order to become agent of this case, Zhou Shifeng advocated innocence defense. In the end, Fengrui was chosen as the agent of the case as they wished. When they were the agent, Zhou Shifeng, took his usual measures to discredit the trial judge, making chaos in the court, and hyping up the crowd with microblog.
During the trial, Zhou Shifeng played the leading role to create chaos, accusing the police in Erdos of no jurisdiction. Because Zhou Shifeng and the other people made a scene, the presiding judge had to adjourn.
To hype up the case, before the trial, Zhou Shifeng even held a meeting with other nine lawyers , arranging the order of causing a scene.
The suspect Huang Liqun recalled that at that time he was arranged as the forth while Zhou the third. Because he himself did not follow the order of Zhou, he was criticized by him after the trial.
At last, collegiate bench managed to resist pressure and pronounced the defendant guilty according to the law. However, Zhou Shifeng took an intransigent way to defend regardless of client’s interests and made the client lose the chance to make misdemeanor defense by using law in an appropriate way.
Legitimate right of the client was lost, while Zhou gained both fame and wealth. Before the trial, he promised that he would return 1 million agent fees if half of the suspects were not released. When the court ruled that all of the suspects were of guilty, Zhou never returned back this 1 million. Maybe his acting defense in the court could deceive the client for a short time, but his assistants know that he doesn’t even look at the file when he defends for clients.
The suspect Xie Yuandong said that Zhou’s case handling capacity was poor without standardized methods, because his case dealing was with three NOs--no archive, no file and no material. Once he took me to take charge of a case in Anyang city, he asked the client to arrange meals and sightseeing. After that, this litigant told me that Zhou always dealt with cases like this, making them spend a lot of money.
Liu Sixin, as a ghost writer of legal files for Zhou, evaluated his boss’s professional quality like this: "after one-year work with him, I gradually felt that his professional capacity was so poor which didn’t match his qualification and age. For my part, I could not appreciate his professional quality."
The suspect Xie Yuan dong said that,"he never read the archives before handling a case, mainly depending on the professional litigation texts provide by Liu Sixin, and he just read it. If it doesn’t work, he will say something to tramp on legal system, confuse right and wrong,and assault court’s rules.
His behavior in court was not like practicing as a lawyer, more like performing. He was good at making gimmicks which are easy to be disseminated online, because his final purpose was to let people hold the view that judges’ quality was not high, in this way, he could lead court adjudication to opinion judgment, utilizing public opinions to put pressure on court.
He described the judiciary authorities and the government as "protector of vicious power", while he himself pretended to be defenders of public interest. The suspect Gou said Zhou Shifeng advertised himself as "pleading for the people", but when Gou asked for Zhou to give some advice for safeguarding immigrant workers’ rights, Zhou refused indifferently.
Gou said that, “he said we had a lot of cases to handle, we even did not have enough time to handle this one, your case about immigrant workers could not earn money, then why we accepted it? Therefore, I changed my views towards him all of a sudden, before this, I thought he was lofty and pleaded for the people.’’
Arguing strongly according to the law in court should serve as the basic professional demand for a lawyer, and the vast majority with professional integrity also do like this. But Zhou Shifeng and the firm under his control went wrong, taking the “specific intransigence” to attack China's current legal system as the goal. Faced with the facts, Zhou Shifeng had to admit that he used and contacted a number of people with low quality and bold behavior. Their illegal acts and self-hype made them in a dangerous position.
Zhou confessed that ‘It is undoubtedly that we break the law. I employed non-professional lawyers or administrative staff to propaganda the law firm with their fame. They did have illegal acts or commit crimes when they practice, and the law firm made a huge mistake in using them. Because we wanted to expand our influence and popularity by using them, we connived at and instigate their illegal acts, bringing huge hidden trouble to society’s stability. So I had an unshakable responsibility as the director of the firm. In the process of agency, I did not control effectively, allowing them to mess about with things. Secondly, when I was agent, I always transferred fees into my own account, which was serious illegal acts.”
According to the primary investigation by the police, Zhou Shifeng and the other people are also suspected of offering a bribe to state personnel. Besides, When Zhou was representing a case, he saw the client lying on the bed due to a car accident. He invited the client’s wife to travel with him and had sex and even had a baby girl then. Most of women who have improper sexual relations with him are young girls entrusted by his fellow town man because he is in Beijing.
What is his purpose to defend like this both in and out of the court, online and offline?
As the director in the law firm, his style of handling a case and behavior have directly influenced people there. In court, there are a number of lawyers around him adept in stirring up trouble and out of court. And administrative assistants will organize other people to watch and support, as well as hype up the crowd.
They act in cooperation with each other in and out of court, online and offline, making every case hot topics which should have been heard independently in accordance with the law.
On April 22th, 2015, at the trial of criminal case in people’s court in Shenhe district of Shenyang city
When the trial get started, some defenders including Wangyu, lawyer of the law firm, shouted loudly. Presiding judge demanded them to comply with the court disciplines, but they did not listen to him at all, instead, they asked members of collegiate bench to leave the court.
In terms of criminal litigation law, defenders have the right to put forward the proposal that related people of collegiate bench should leave the court, but there must be some related grounds to do so. However, they refused to provide grounds, regardless of dissuasion of presiding judge and bailiff, and they continued to kick up a row and shouted curses insultingly to working staff in the court involving the presiding judge and bailiff.
In fact, this was not the first time that judicial officers met this kind of situation. Before this time, Wangyu walked out of defender seat for several times, and shouted loudly in court. She made the solemn court into a place for her to swear at people, therefore, court trial could not proceed further.
After several times of forbidding her to do so, the presiding judge had to ask bailiff for excluding her from the court. Zhai Yanmin often organized petitioners to watch, support, and coordinate with Wangyu, surprised by her performance in the court as well.
Compared with the chaos that they made in the court, the performance of some lawyers of the law firm and agitators out of the court was even better. In January, dispatched by Zhou, Xie Yuandong as the lawyer of the firm flied to Dali, Yunnan province to represent a case about civil dispute. Together with him was administrative assistant of Zhou, Wu Gan, whose online name is “super vulgar butcher”.
The reason why Zhou hired Wu Gan who did not have legal background at all was because he had the ability to make ordinary cases into sensitive ones and sensitive ones into political events. This civil dispute caused by renting a house in Dali should have been solved by the usual approach of appeal and accusation. However, Wu Gan took his own way online and offline.He started cyber hunting for the local chief judge online; he drove outside the court without stop in the name of foreign cars being forbidden to let in, then the court had to let him in, he circled the court again calling the name of the judge loudly. Zhou really appreciated his performance.
The lawyers from the firm duplicate this model everywhere such as disturbing the court deliberately, making trouble, letting themselves expelled from the court intentionally and making use of hype. On April 3rd, 2013, in the people’s court in Jingjiang, Jiangsu province, Wang Quanzhang with another so-called lawyer defended the defendant as the agent lawyer. But when examining the qualification of defense, court found that his partner was not entitled to practice lawyer.
Wang Pin was the presiding judge of the case. He recalled that before the court session started, the partner still sit on the defense seat.Until he asked the partner to leave the seat, he left in the end. And this was just the beginning of the storm in the whole trial.During the trial, Wang Quanzhang interrupted the statement of the presiding judge and public prosecutor for several times, whipping in at will.
In the trial, Wang Quanzhang interfered in trail process by challenge application and making up a story. Without permission of the court, he recorded and took pictures with the phone arbitrarily. Given that his behavior was against the court order , he was detained according to the law.
After adjournment that day, the court took Wang to meeting room to inquire that why he always broke the rules, but Wang did not answer.
On that evening, Jingjiang court made a decision that Wang would be detained for ten days for disturbing the court order, in accordance with the 194 items of criminal procedure law. In the meantime, some people were arranged outside the court, and they initiated the action online called “rescue lawyer Wang Quanzhang”, stirring up a number of people to make trouble. The telephone numbers of the presiding judge and officials were released online, and phone call always keeping ringing.
Encircle the gate and pitch tents
Petitioners become cannon fodder
A few lawyers like Wangyu and Wang Quanzhang made trouble in the court and helpers gathered “petitioners” to make noise outside the court. The petitioners who were encouraged to participate in this kind of activity paid heavy cost.
One day in August, 2010, a lot of people wearing a white cap gathered outside the railway transportation court in Tianjin, claiming to sit in on a case. If we observed carefully, we could find among them was someone who made commands . In fact, they were “professional petitioners”. The railway transportation court in Tianjin accepted the case about intentional injury. In that case, defendant was the lawyer Wang Yu, and her defense lawyer, Zhang Kai, asked another so-called “support lawyer”, Dong Qianyong, to sit in on. According to the rules, bailiff should make security check for bystander, while Dong refused.
Dong Qianyong made trouble outside the security checkpoint, petitioners outside the court immediately supported him. His identity was not the defense lawyer of the defendant, therefore, he was expelled from the court because he refused to accept the security check and disturb the court order. The petitioners shouted slogans, raised banners, and utilized their bluff to put pressure on the court, which was a serious disturbance of regular judiciary. This kind of case that few lawyers and petitioners cooperated with each other to make trouble in and out of court were not just one case.
On March 27th, some people gathered outside intermediate people's court in Xuchang and made disturbance. The picture of this scene was uploaded on the Internet and forwarded in a large number, drawing attention from netizens.
Most of netizens were blind to the truth, when they saw this microblog, they forwarded it without understanding the situation. Some people even came to court and shouted curses to the judge.
The cause of the event was that administrative contentious case was ended, thus the agent of the plaintiff was not satisfied with the judgment. However, they did not make an appeal according to the law, instead, they asked dozens of “professional petitioners” to the court. These petitioners asked for sitting in on the court and an apology, besides, they also pitched tents in the official area of the court, causing serious disturbance.
These petitioners were from several provinces like Henan, Hunan, and Shandong, and they claimed that they did not know each other. But working staff of the court found that someone sent them water and food when they stayed in the court. What was worth noticing was that there was a person named Liuxing, nickname “Laodao” occurring at the scene in so many places. The police found that Liuxing was the organizer of the “professional petitioners”, he benefited from organizing them to make trouble.
In June, under the requirement of the lawyer Liu Jianjun, Zhai Yanmin organized many petitioners to hold the banner to make trouble outside the intermediate people's court in Weifang, Shandong province. So many people among them have followed Zhai to do this before, they deeply believed the view that if only they made trouble, they would benefit from it.
It was deluded by this view that if only they were needed by lawyers, Zhai could organize a lot of them, who had no idea what case they would support but they still went to the scene.
To make the petitioners more hopping and active, Zhai described those lawyers who were behind the cases as savior to assist them. Because Zhai understood the mentality of petitioners, he had an increasing number of people to utilize.
However, the petitioners’ problems were not solved, and many of them suffered from their doings. Zheng Yuming, 56, was from Tianjin, his family was broken because he followed others to make trouble everywhere. Because of this, his wife divorced with him and even his son was unwilling to contact with him.
Proper appeal needs to be expressed by legal means. Liu Jianjun, as a lawyer, should understand this better than petitioners that he organized. He regretted so much about his actions.
He claimed that: “When I recalled this way of petition, I felt it was a huge problem. Because the litigant did not understand the law, I, as a lawyer, also did not make a comprehensive and scientific judgment for them, then it developed into this bad result.
People are equal in front of the law, lawyers included
He Yong, senior official with the ministry of justice, warns that lawyers serves as an important force for advancing legal progress, assuming significant responsibility and mission in governing the country according to the law in a comprehensive way. Lawyers should be models for the whole society to respect, obey and use the law. There are a few lawyers committing crimes, but they cannot represent 270 thousand lawyers and the mainstream of the industry. But a few of them have damaged the whole image of the lawyers’ industry seriously. People are equal in front of the law. Anyone who violated the law should be accountable for their crimes with no exception.


Reviews

Review 1


A Lawyer’s Battlefield Should Be the Court
People’s Daily, July 12th, 2015

It is shocking to know that behind a series of hot-spot and sensitive events is the manipulation of some backstage powers. Take the recent right protection as an example. People are angry to find out that some manipulators, in order to achieve some selfish interests, would release false news so as to confuse and mislead the public, which has severely contaminated cyber space and disrupted social order. Besides, these manipulators also blasphemed people’s sense of justice, taking advantage of netizen’s sympathy. As a result, they should be seriously punished and criticized.
Looking at the organization and operation of right protection groups, it is easy to see that, some individual lawyers are playing a guiding role and are suspected of severe violation of laws. Lawyers,as socialist legal workers, are supposed to be important participants and driving forces in the building of rule of law in China. However, some lawyers prefer taking so-called “shortcuts” to gain fame and wealth, especially by taking advantage of hot-spot issues to agitate the public and disrupt social order in the name of right protection or public welfare. This deliberate violation of laws is against the job of being a lawyer and people’s expectations to them.
To pursue the so-called truth by making disorders, and to realize the so-called rule of law through violating laws are just like planting bad seeds while expecting good fruits. A lawyer’s pursuit should be fighting his case in the courts so as to advance the implement of laws and the realization of rule of law. This is what makes the profession admiring and respectable. However, some lawyers, instead of absorbing themselves in studying laws and debating in courts, put much of their energy outside the courts, and encourage so-called petitioners to put pressure on the government so that these lawyers can achieve their goals by leveraging the courts’ decisions to their liking. This is undoubtedly disregard and violation of, and goes diametrically against the spirit of rule of law. The society is just like our human body, for which minor problems of this or that are just inevitable. In particular, our country is at the critical stage of reform when various contradictions are standing out and many problems coming out one after another. Some local governments may have made some improper decisions. Then under such circumstances how should we do? I think lawyers with genuine sense of social responsibility and strong faith in rule of law should never hype up their cases, exaggerating ordinary events into hotpots and sensitive cases into political ones. Otherwise the settlement of problems is hopeless, and some bigger issues may even arise.
In the era of building China under the principle of rule of law, it is all the lawyers’ responsibility to help create an atmosphere of resolving problems with legal thinking and in legal ways. This is why the public security units are now putting great energy on punishing illegal lawyers.



Review 2

Improving Lawyers’ Awareness of Professional Ethics
Zhang Yang
“People’s Daily”, July 15th, 2015.

As we enter the new era of rule of law, lawyer becomes the most promising profession in the society. Some lawyers hence acclaim that the profession is embracing unprecedented opportunities of development. How should lawyers seize these opportunities properly and shoulder social equity and justice with their expertise?
Lawyers should improve their awareness of professional ethics. As a special profession, a lawyer need to safeguard the authority of laws and social justice on the basis of their judgment of facts and evidence. However, the lawyer community in our country is pretty complicated, with good and bad lawyers being mixed together. Some lawyers, in order to gain instant fame and wealth, would even disrupt judicial procedures. This goes undoubtedly against the professional ethics of lawyers and cannot be accepted by a society with rule of law.
Senior lawyer Zhang Sizhi once said that, being a qualified lawyer required wisdom of philosophers, passion of poets, attainment of jurists, and right stand of statements, all being combined with legal mission, professional conscience, and socialist building. Act of Lawyer also stipulates clearly that lawyers should safeguard their clients’ legitimate rights and interests, ensure the proper utilization of laws, and uphold social equity and justice. These all tell us that a true lawyer is not only an economic person, but also a legal personality. A lawyer’s public property is far more important that his individual attributes. Lawyer should be a proud career than ever before.
On the one hand, lawyers are playing an even more important role in upholding social equity and justice. More and more lawyers are now actively debating in courts for their clients’ legitimate rights and interests either in civil procuration or criminal defense. More and more are carrying forward the spirit of rule of law with their practical acts, either offering legal assistance to the public or engaging in law publicity. Particularly in recent years, legal consultant is becoming a hot word. More and more lawyers are now scrutinizing governmental acts including its legislation and decision-making with their expertise so as to ensure that government institutions at all levels can do their work while respecting rule of law.
On the other hand, with the Party and Central Government attaching greater importance on the role that lawyers can play and people holding high expectations towards lawyers’ behaviors, the rights and interests of lawyers are receiving more respect and being better upheld. Just few years ago, many lawyers still found it difficult to meet witnesses, check files, and to investigate and collect evidence. These problems become less thanks to the official implement of the amended Criminal Law in January 1st, 2013. The fourth Plenary Session of the 18th CPC Central Committee even took as its priority the goal of comprehensively promoting rule of law in China. Many articles in the “Decisions” are related to lawyers. For example, it clearly stipulates: “we need to build a system within which we can recruit legislators, judges, and procurators from eligible lawyers and law experts.”
Lawyers should uphold their faith in rule of law and maintain their professional honor more than ever before. Every time when a lawyer upholds the authority of laws, he sets a good example for the whole society in supporting rule of law, and helps raise the public awareness of rule of law; otherwise, any improper act of a lawyer might weaken social equity and justice. Therefore, only when lawyers uphold their professional ethics, shoulder their social responsibilities, and take on the task of carrying forward the spirit of rule of law, can they make full use of their expertise and promote the current national strategy of comprehensively promoting rule of law in China through pursuing their own values.


Review 3

The Mixed Lawyer Community in China: Some Lawyers Disrupt Judicial Procedures for Instant Fame and Wealth
People’s Daily, July 15th, 2015


Editor’s Comment
According to reports of People’s Daily and the Xinhua News Agency on July 11th, the Ministry of Public Security, together with a couple of public security units at provincial and municipal levels, destroyed a suspected major criminal gang, within which right protection lawyers, backstage manipulators and petitioners colluded with one another and disrupted social orders.

The case raises people’s attention to some lawyers in China. According to a report by AFP on July 12th, a Chinese law firm called Fengrui had organized, orchestrated and hyped up over 40 sensitive events in total since 2012.
People’s Daily published a signed comment on July 15th, discussing the professional ethics and historical responsibilities of contemporary lawyers. The article points out that in the past, lawyers in China always found it difficult for them to meet witnesses, read files and do instigation and collect evidence. However, with the implement of the amended version of Criminal Law, discussions about such problems are soon becoming less.
The article says that a true lawyer is not only an economic person, but also a legal personality. A lawyer’s public property is far more important that his individual attributes. “Every time when a lawyer upholds the authority of laws, he sets a good example for the whole society in supporting the rule of law, and helps raise the public awareness of rule of law; otherwise, any improper act of a lawyer might weaken social equity and justice.”
The whole passage is as follows,

How Should Lawyers Embrace The Era of Rule of Law
Zhang Yang

Core tip: Lawyers should improve their awareness of professional ethics. As a special profession, a lawyer need to safeguard the authority of laws and social justice on the basis of their judgment of facts and evidences. However, the lawyer community in our country is pretty complicated, with good and bad lawyers being mixed together. Some lawyers, in order to gain instant fame and wealth, would even disrupt judicial procedures. This goes undoubtedly against the professional ethics of lawyers and cannot be accepted by a society with rule of law.
Every time when a lawyer upholds the authority of laws, he sets a good example for the whole society in supporting the rule of law, and helps raise the public awareness of rule of law;otherwise, any improper act of a lawyer might weaken social equity and justice.As we enter the new era of rule of law, lawyer becomes the most promising profession in the society. Some lawyers hence acclaim that the profession is embracing unprecedented opportunities of development. How should lawyers seize these opportunities properly and shoulder social equity and justice with their expertise?
Lawyers should improve their awareness of professional ethics. As a special profession, a lawyer need to safeguard the authority of laws and social justice on the basis of their judgment of facts and evidences. However, the lawyer community in our country is pretty complicated, with good and bad lawyers being mixed together. Some lawyers, in order to gain instant fame and wealth, would even disrupt judicial procedures. This goes undoubtedly against the professional ethics of lawyers and cannot be accepted by a society with rule of law.
Senior lawyer Zhang Sizhi once said that, being a qualified lawyer required wisdom of philosophers, passion of poets, attainment of jurists, and right stand of statements, all being combined with legal mission, professional conscience, and socialist building. Act of Lawyer also stipulates clearly that lawyers should safeguard their clients’ legitimate rights and interests, ensure the proper utilization of laws, and uphold social equity and justice. These all tell us that a true lawyer is not only an economic person, but also a legal personality. A lawyer’s public property is far more important that his individual attributes. Lawyer should be a proud career than ever before.
On one hand, lawyers are playing an even more important role in upholding social equity and justice. In civil procuration or criminal defense, more and more lawyers are now actively debating in courts for their clients’ legitimate rights and interests. More and more are carrying forward the spirit of rule of law with their acts, either offering legal assistance to the public or engaging in law publicity. Particularly in recent years, legal consultant is becoming a hot word. More and more lawyers are now scrutinizing government acts including its legislation and decision-making with their expertise so as to ensure that government institutions at all levels can do their work while respecting rule of law.
On the other hand, with the Party and Central Government attaching greater importance on the role that lawyers can play and people holding high expectations towards lawyers’ behaviors, the rights and interests of lawyers are receiving more respect and being better upheld. Just few years ago, many lawyers still found it difficult to meet witnesses, check files, and to investigate and collect evidence. These problems become less thanks to the official implement of the amended Criminal Law in January 1st, 2013. The fourth Plenary Session of the 18th CPC Central Committee even took as its priority the goal of comprehensively promoting the rule of law in China. Many articles in the “Decision” are related to lawyers. For example, it clearly stipulates: “we need to build a system within which we can recruit legislators, judges, and procurators from eligible lawyers and law experts.”
Lawyers should uphold their faith in rule of law and maintain their professional honor more than ever. Every time when a lawyer upholds the authority of laws, he sets a good example for the whole society in supporting the rule of law, and helps raise the public awareness of rule of law; otherwise, any improper act of a lawyer might weaken social equity and justice. Therefore, only when lawyers uphold their professional ethics, shoulder their social responsibilities, and take on the task of carrying forward the spirit of rule of law, can they make full use of their expertise and promote the current national strategy of comprehensively promoting rule of law in China through pursuing their own values.


Review 4


Do Not Allow “The Black Sheep” in Lawyer Community to Destroy Rule of Law

Zhang Yang
“People’s Daily”, July 19th, 2015

The public security unit released more details of the case concerning criminal suspects including Zhou Huafeng, Liu Sixin, Huang Liqun, Wang Yu, Wu Gan, and Zhai Yanmin, further justifying the security lawful acts and manifesting the spirit of rule of law.
In today’s China, comprehensively promoting rule of law has become one of the most important strategies of the New Central Leading Group to run the country. Building China under the rule of law, as a key factor in China’s reform and development, even makes lawyers feel that they are embracing “some unprecedented development opportunities”. The Party and the country, in order to promote the development of the profession and ensure the legitimate rights and interests of lawyers, have adopted a series of policies and measures, and improved many laws and regulations. Lawyers should also cherish and seize these opportunities so as to shoulder their due responsibilities and obligations of upholding social equity and justice and promoting rule of law in China in a comprehensive way.
However, from the case of Beijing Fengrui Law Firm and the confessions of criminal suspects including Zhou Shifeng, Liu Sixin, Huangliqun, and Wang Yu etc, we have seen a totally different picture.
The lawyers in this case, instead of striving for social equity and justice, take the obtainment of fame and wealth as their goals. Even when representing cases, they always focus their attention on issues like “how can the case make us famous”, with disregard to, and even sometimes at the expense of the legitimate rights and interests of their clients .
When selecting group members, they attach more importance on lawyers’ “fame” rather than their professional expertise. This is why Zhai Yanmin , with his abundant “petitioner resources”,is so welcomed by Zhou Shifeng even if the former isn’t a qualified lawyer; and why Wu Gan , whose ability is no more than playing small tricks in manipulating public opinions on the internet, is regarded by Zhou Huafeng as an outstanding partner.
When representing cases, these lawyers, instead of debating in courts in accordance with the law and on the basis of facts, and seeking defense from legal texts and case files , would prefer disrupting judicial procedures through inciting clients to riot, defaming judges, manipulating public opinions and other illegal means. In the end, the solemn defending procedures have been repeatedly disrupted and ended up becoming a melodrama.
Facts have fully proved that, the suspected criminal gang is actually a group of breakers of the order and dignity of rule of law, and invaders of social public interests, rather than serving as bridges between the public and rule of law, or activists for upholding social equity and justice. This not only goes diametrically against lawyers’ missions, but also is unacceptable to a society under the rule of law. The public should learn a lesson from the event. When falling in trouble, we need to seek assistance from as many legal workers as possible, including lawyers instead of giving sheer trust to some individual lawyers. We should always bear in mind the spirit of rule of law, and examine our partners’ or rivals’ behaviors with higher legal awareness. We should always raise our alertness so that we don’t get deceived or fooled by some law breakers under the disguise of “right protection” or “public welfare”.
We should also recognize that the likes of Zhou Huafeng are merely a few cases in the large lawyer community. Most of lawyers still keep their faith in rule of law, maintain their professional conscience, and do their jobs in accordance with the law. We are convinced that Feng Rui Lawyer Firm, punished by the public security unit in recent days, is just an individual case. As long as lawyers can do their job in accordance with the law and maintain their rights in a rational way, the legitimate rights of lawyers will surely get respected and maintained by the law, and lawyers will surely contribute substantially to the comprehensive building of rule of law in China.

Review 5
The Department of Justice's Response to the Arrest of Lawyers Who Provoked Disturbances: To Help Remove the Black Sheep.
Xinhua News Agency, Beijing, July 14
(Reporter: Zou Wei, Xu Wei)

The effort of investigating and punishing a few lawyers who have broken the law in accordance with the law, is meant to create a better working environment for lawyers.
——The reviews of the Judicial Administrative Department, legal professionals and experts on the case of crime committed by a few lawyers of the Beijing Feng Rui Law Firm.
Recently, under the command of the Ministry of Public Security, the public security organs have jointly destroyed a major criminal gang, which took the Beijing Feng Rui Law Firm as a platform, connected a few lawyers, instigators, and petitioners to provoke disturbances and disrupt social orders. For days, the Judicial Administrative Department, legal professionals and experts have demonstrated their firm supports to investigate and punish a few lawyers who are suspected of being involved in the crime in accordance with the law. The efforts of removing the black sheep from the legal profession will help create a better working environment for lawyers, and better defend their profession rights.
Several personnel involved called on the lawyers to firmly advocate the leadership of the Communist Party of China, uphold the socialist rule of law, defend the dignity of the constitution and the law, abide by the principle of rule of law, carry forward the spirit of rule of law, perform their duties and missions, better protect the rights and interests of their clients, maintain the legal implementation of the law, and safeguard social fairness and justice.
The effort of cracking down on a few lawyers who have broken the law in accordance with the law, is to create a better working environment for lawyers
"As members of the competent department of the legal profession, we strongly support the Ministry of Public Security's act of investigating and punishing a few suspected criminal lawyers in accordance with the law." said He Yong, senior official with the ministry of justice during the interview on July 14th.
He Yong pointed out that as the legal professionals, lawyers are required to conduct all their works in accordance with the law. Recently, the public security organ has investigated some criminal cases with a few lawyers engaged; the lawyers involved have took the lead to provoke disturbances and caused trouble illegally. Their behaviors have gone far beyond the scope of a lawyer's practice of law, violated seriously lawyers' professional ethics and standards, severely interfered with the normal judicial activities, severely disrupted the social order, and run counter to their identities as lawyers and the spirit of the rule of law.
When representing the cases, a few of lawyers have disrupted the order of the court, abused and defamed the judges, and even organized some irrelevant people to attend the trials in the court, to "support" their clients, and let them publish some improper comments on the Internet, thus attempting to winning the lawsuit through interfering with the judicial activities. In response, professor Wang Jinxi of the China University of Political Science and Law pointed out that these behaviors have already violated the law. Professor Wang said: “The Punitive Measures of Illegal Act of Lawyers and Law Firms has clearly regulated that any act that may influence the handling of the case in accordance with the law, such as propagating the case in a distorted, false or misleading manner, or defaming the case-handling organ and personnel and adversaries involved, shall be deemed as unlawful act in accordance with the Attorney Law of China, which illegalizes the behavior of meeting with the judge, prosecutor, arbitrator or other relevant working personnel in violation of the law, or impeding the lawful handling of the case by improper means."
In accordance with the provisions of the Attorney Law of China, if the lawyer has such behaviors as “disturbing the order of the court or the arbitration tribunal, interfering with the normal proceeding of litigation and arbitration activities”; or “settling disputes by inciting and instigating the clients to disrupt public order, endanger public security and other illegal means;" or "making claims which endanger state security, maliciously slander others or seriously disturb the order of the court", then the Judicial Administrative Department will punish the lawyer involved by suspending his practice of law, imposing a fine, confiscating the illegal gains, revoking his lawyer's practice certificate and so forth; and those constituting a crime shall be investigated for criminal responsibility in accordance with law.
“As the state has its laws and regulations, the China Lawyers Association also has relevant rules and regulations. If the lawyer involved violates the provisions of the Attorney Law of China and the industry regulations, we will seriously investigate and handle the case in accordance with the established procedures.” said Qiu Baochang, vice President of the Beijing Lawyers Association. In addition, if the judicial judgment confirms the case as a crime, then the Lawyers Association will hold the related law firms and lawyers accountable in accordance with the laws and regulations; if the court ruled that the case is calculated crime, then their license will be revoked.
“Everyone is equal before the law, anyone breaking the law shall hold accountable, and lawyers are no exception.” He Yong said that investigating and punishing illegal criminal activities in accordance with the law, removing the black sheep from the legal profession, will provide lawyers with a better working environment, better defend their profession rights, and safeguard justice and fairness of the legal profession.
The mainstream of the lawyers' team is good in China, and a few lawyers who break the law cannot represent the entire legal profession
“At the moment, there are more than 270,000 lawyers in China, a few of lawyers who break the law can represent neither the entire legal profession, nor the mainstream of the lawyer team.” He said, and that lawyers are the socialist legal workers, a major participant and proponent of the construction of the rule of law. For a long time, the vast number of qualified lawyers, with their good ideological and political quality, excellent professional skills and staunch ethical integrity, have played a positive role in such aspects as advancing the rule of law, serving the economic and social development, and promoting the long lasting development of the legal profession. Practice has proved that the mainstream of the lawyers' team is good in China, and it is one that the party and people can trust.
Professor Wang Jinxi also pointed out that the mainstream of the lawyers' team is good in China, which has played an important role in advancing comprehensively the rule of law, safeguarding the legitimate rights and interests of the litigants, guaranteeing the correct implementation of the law and upholding social equity and justice. It is known that for many years, there emerged a wealth of advanced models in China's legal profession. Such as lawyer Tong Lihua, who has devoted herself to caring the vulnerable groups in the society, and protecting the rights and interests of minors and migrant workers; lawyer Zhu Zhengfu, who has actively performed his duties as a member of the national committee of the CPPCC, and promoted the progress of the rule of law by offering advice and suggestions for the legislation and amendment of the law; and lawyer Ma Lan, who gave up his urban life and high-salary job, and chose to settle in the western region of China as a legal aid volunteers.
“Only by giving full play to the important role of lawyers in the building of the rule of law, shaping and maintaining the good social images of them, can lawyers gain more extensive trust and support from our people, and inject more positive energy to the legal construction of China.” said Ren Yuping, deputy director of the Legal Professional Guidance and Profession Management Department of the Judicial Bureau of Beijing.
Ren Yuping said that lawyers, as an integral part of the driving force of the socialist rule of law construction, should advocate the party's leadership, uphold the socialist rule of law, perform their duties in accordance with the laws and regulations, safeguard maintain the dignity of the constitution and the law, respect the judicial authority, guide the clients through proper channels, express demands in accordance with the law, and make efforts to promote social harmony and stability.
Lawyers should act as models of respecting, observing and using the law
Several professionals have pointed out that lawyers, as a boosting power to advance the progress of the rule of law, shouldering important responsibilities and missions in the comprehensive building of the rule of law, should serve as models to respect, observe and use the law in the society.
“Lawyers must strictly abide by the law, because even a slight unlawful act will shake people's confidence and trust in the rule of law.” said Wang Jinxi, and that lawyer is a profession with a nature of public interest, but not "legal businessmen". The construction of the lawyer team is an important part of the entire construction of rule of law, and we should view this profession from such a perspective.
Professor Wang Jinxi said that the establishment of the legal order is one of the premises of the existence of the lawyer profession and their practices. “In this connection, lawyers should maintain the legal order in a conscious and active manner, and serve as a defender, rather than a destroyer of the legal order, which is also a premise of the establishment of the legal community. If the basic application of the law is damaged, the legal order will be destroyed, and there will be no place for lawyers to exercise their duties.”
Liu Wujun, chief editor, researcher of the magazine Justice of China pointed out that lawyers should return to the right way of the legal services, instead of indulging in such dishonest practices or even "crooked ways" as instigating on-line hype or provoking disturbances outside the court; lawyers are required to stand on the position of defending the rule of law, rather than on the opposite side. Lawyers must equip themselves with proper professional ethics and the spirit of the rule of law. Because as legal professionals, they are supposed to respect, observe and revere the law more than anyone else; and the more important and sensitive the cases can be within the legal framework, the more important it is for those law professionals to demonstrate their legal integrity and professional ethics.
“As an important part of the legal community, lawyers should practice their duties within the framework of law and on the track of rule of law.” Liu Wujun said, and that lawyers should not only refrain from breaking the law themselves, but also play an active leading role to guide the clients involved to express their demands and resolve disputes in a rational way in accordance with the law.
“Strictly strengthening the management of lawyers' work in accordance with the law is the basic guarantee of to advance the development of the socialist legal profession with Chinese characteristics.” He Yong said, and that the development of lawyers is the development of the rule of law, and the realization of the “Chinese dream” cannot be achieved without Chinese lawyers. Lawyers shoulders important responsibilities and tasks in the construction of the rule of law. Against the backdrop of the overall construction of the rule of law, we look forward to the substantial and rapid progress of the legal profession and the lawyer team construction, and their greater contribution to China's rule of law construction.

Review 6

Lawyers are not "Legal Businessmen"
A review article of People's Daily
Wang Jinxi, Professor at China University of Political Science and Law

At the moment, there are more than 270,000 lawyers in China, a few of lawyers who break the law can represent neither the entire legal profession, nor the mainstream of the lawyer team. The mainstream of the lawyer team remains good, and a wealth of qualified lawyers are making efforts to advance the construction of China's rule of law.
The Attorney Law of China regulates that lawyers shall safeguard the legitimate rights and interests of the parties, maintain the correct implement of the law, and uphold social fairness and justice. That is to say, lawyer is a profession with a nature of public interest, but not "legal businessmen".
The establishment of the legal order is one of the premises of the existence of the lawyer profession and their practices. In this connection, lawyers should maintain the legal order in a conscious and active manner, and serve as a defender, rather than a destroyer of the legal order, which is also a premise of the establishment of the legal community. If the basic application of the law is damaged, the legal order will be destroyed, and there will be no place for lawyers to exercise their duties.
Lawyers must strictly abide by the law, because even a slight unlawful act will shake people's confidence and trust in the rule of law. In addition, the lawyers' speeches cannot infringe upon the fairness of the trial. When representing the cases, some lawyers tend to hype up the case excessively outside the court, which is called by some foreign scholars as “performing defend”. Because the lawyer's behaviors will have an impact on the interests of the litigant in the case, the public's perception of the case, and even the judicial decision of the court; and the lawyers' behaviors are strict regulated in foreign countries.
The Punitive Measures of Illegal Act of Lawyers and Law Firms has clearly regulated that any act that may influence the handling of the case in accordance with the law, such as propagating the case in a distorted, false or misleading manner, or defaming the case-handling organ and personnel and adversaries involved, shall be deemed as unlawful act in accordance with the Attorney Law of China, which illegalizes the behavior of meeting with the judge, prosecutor, arbitrator or other relevant working personnel in violation of the law, or impeding the lawful handling of the case by improper means. In accordance with the provisions of the Attorney Law of China, if the lawyer has such behaviors as “disturbing the order of the court or the arbitration tribunal, interfering with the normal proceeding of litigation and arbitration activities” or “settling disputes by inciting and instigating the clients to disrupt public order, endanger public security and other illegal means” or “making claims which endanger state security, maliciously slander others or seriously disturb the order of the court”, then the Judicial Administrative Department will punish the lawyer involved by suspending his practice of law, imposing a fine, confiscating the illegal gains, revoking his lawyer's practice certificate and so forth; and those constituting a crime shall be investigated for criminal responsibility in accordance with law.

Review 7

Lawyers Should Serve as Models to Respect and Observe the Law
A review article of People's Daily
Liu Wujun, chief editor, researcher of Justice of China

In China, as socialist legal workers, lawyers are an indispensable force in a society of rule of law, and an major proponent and participant of China's construction of the rule of law. However, a very few of them have played a very disgraceful role in some sensitive cases. They have orchestrated and hyped up the sensitive cases, in such a way to enlarge their popularity, rake in money, gain social prestige and make money, and completely abandon the professional ethics and images they are supposed to uphold. Them provoked disturbances both in and out the court, the hype up the cases on the Internet, orchestrated the instigators to organize the petitioners to provoke the escalation outside the court and on the Internet, thus forging a network combining both the internal and external forces to impede the judicial organs from handling the cases in accordance with law, and becloud the truth of some cases with distorted public opinions to misled the general public.
Lawyers should return to the right way of the legal services, instead of indulging in such dishonest practices or even "crooked ways" as instigating on-line hype or provoking disturbances outside the court; lawyers are required to stand on the position of defending the rule of law, rather than on the opposite side; and they should serve as models to respect, observe and use the law in the society, rather than descend to "instigators" of provoking disturbances or undermining the rule of law in the society. Lawyers must equip themselves with proper professional ethics and the spirit of the rule of law. Because as legal professionals, they are supposed to respect, observe and revere the law more than anyone else; and the more important and sensitive the cases can be within the legal framework, the more important it is for those law professionals to demonstrate their legal integrity and professional ethics.
As an important part of the legal community, lawyers should practice their duties within the framework of law and on the track of rule of law; abide by the principle of, and revere the rule of law; and firmly establish a concept of not touching the red line of the law, nor surpassing the bottom line of the law. Besides, lawyers should not only refrain from breaking the law themselves, but also play an active leading role to guide the clients to get involved in safeguarding their rights in a rational way in accordance with the law. Any behavior to safeguard one's right must be conducted within the framework of the rule of law in accordance with the law, and no lawyer has the privilege to practice in violation of the law.

Review 8

Punish the "Rascal" Lawyers to Create a Sound Environment for Rule of Law in China
Ge Xiuyuan
Central Radio Website, on July 21, 2015

Recently, under the command of the Ministry of Public Security, the public security organs in many regions have jointly destroyed a major criminal gang, which took the Beijing Feng Rui Law Firm as a platform, connected a few lawyers, Internet instigators, and so-called "petitioners" to provoke disturbances and disrupt social orders.
Those lawyers have broken the law themselves, they have done it deliberately! Although lawyers are not law enforcers, their profession enables them to understand all kinds of laws and regulations better and deeper than other people in the society. They are supposed to leverage the mastery of knowledge at work to strive for the legitimate rights and interests of their clients to the greatest extent. However, if using their knowledge or even the possible loopholes in the legal system to conduct illegal actions blatantly, anyone, including lawyers, will face serious legal sanctions.
Nevertheless, it is precisely because of the identity of the lawyer, a lot of people in the society have a certain degree of superstition of the lawyer, thinking that as they understand the law, they would never make any mistake, and that whatever they said would be true. Such concept has given the Rui Feng Law Firm a chance to mislead the general public.
Of course, lawyers can stick to their positions, and the persistence with the judicial organ to defend the interests of the parties within the system of legal merge should be encouraged. This kind of persistence can not only showcase professional ethics of the lawyer, but also his professional quality to defend the rights and interests of the parties, more importantly, it embodies the fairness of the law.
However, the act of using unfair or dishonest ways, harassing the legal personnel with unreasonable demands, or even resorting to rascally illegal and irregular means to gain personal ends is doomed to be disdained and rejected by the public!
At the same time of punishing these "rascal" lawyers, the relevant judicial organs should strive to strengthen their own capability of taking charge of the cases. Because only by handling the cases impeccably, can they gain approval from the general public, enhance people's trust and recognition of the state jurisdiction, and ultimately advance the progress of the rule of law in China.


北京律师团队全面依法治国教育学习材料
之四

警示教育

北京锋锐律师事务所涉嫌重大犯罪
新闻报道及相关评论
资料摘编


北京市司法局
2015年7月










编辑说明

据新华网、人民日报报道,2015年7月,在公安部的部署指挥下,经北京、天津、黑龙江、山东、福建等多地公安机关缜密侦查,公安机关摧毁了一个以北京锋锐律师事务所为平台,自2012年7月以来先后组织策划炒作40余起敏感案事件、严重扰乱社会秩序的重大犯罪团伙。给首都律师行业造成了恶劣影响,严重损害了首都律师队伍的整体形象,必须引起我们的高度重视。
为配合在全市律师队伍中开展的全面依法治国教育,我们将主流媒体关于锋锐律师事务所涉嫌重大犯罪的新闻报道、相关评论文章汇编成册,供全市各律师事务所开展警示教育参考使用。



编者
2015年7月




目录

案件报道

1.揭开“维权”事件的黑幕
2.北京锋锐律所案追踪
3.起底锋锐律所周世锋

评论文章

1.律师的战场应在法庭
2.律师以法为业 当以律为师
3.我国律师良莠不齐有的谋名利、闹法院
4.岂容律师队伍的"害群之马"破坏法治
5.司法部回应多名律师滋事落网
6.律师不是"法律商人"
7.律师应做尊法守法楷模
8.整治"死磕"律师为法治中国护航




案件报道

报道之一

揭开”维权”事件的黑幕 ——公安部指挥摧毁一个以北京锋锐律师事务所为平台,“维权”律师、推手、访民“相互勾连、滋事扰序的涉嫌重大犯罪团伙
新华网北京2015年7月11日电
人民日报记者 黄庆畅、新华社记者 邹伟

黑龙江庆安、江西南昌、山东潍坊、河南郑州、湖南长沙、湖北武汉......一系列热点事件的现场,为何屡屡出现律师挑头闹事、众多"访民"举牌滋事?一系列敏感案件的庭外,为何屡屡出现主审法官、主管官员被诋毁攻击、人肉搜索?一系列案事件被炒热的背后,为何总有一批人兴风作浪,总有一只恶意操纵之手若隐若现?
在公安部的部署指挥下,经北京、天津、黑龙江、山东、福建等多地公安机关缜密侦查, 日前,备受关注的翟岩民、吴淦等人涉嫌严重 犯罪案件又有最新进展——根据犯罪嫌疑人的 进一步供述和更多的案件线索指向,公安部部署指挥北京等地公安机关集中行动,摧毁一个以北京锋锐律师事务所为平台,自2012年7月以来先后组织策划炒作40余起敏感案事件、严重 扰乱社会秩序的涉嫌重大犯罪团伙。至此,一个由"维权”“律师”推手、“访民"相互勾连,组织严密、人数众多、分工精细的涉嫌犯罪团伙浮出水面,其以“维权”“正义”“公益"为名、行严重扰乱社会秩序之实、企图达到不可告人目的的,种种黑幕也随之揭开。
北京锋锐律师事务所的周世锋等多人被刑事拘留,其涉嫌自2012年7月以来先后组织策划炒作40余起敏感案事件、严重扰乱社会秩序。
组织严密形成体系勾连滋事分工精细
今年5月,黑龙江发生"庆安事件”。民警依规合法开枪,为何被炒成"枪杀访民?
犯罪嫌疑人翟岩民、吴淦、刘星给出了答案,这都是他们"维权圈"里的人干的。他们的供述展现出庆安事件迅速发酵成一起全国性舆论事件的脉络——“维权"律师挑头起事、推手策划组织、“访民”围观滋事。
"这些“维权”律师是“圈”里的核心,也是最先冲出来的人。律师谢某某第一个提出要炒作庆安事件。”翟岩民供述。
事件一发生“维权”律师就在微信里建立了“庆安事件维权群",并发布“徐纯合是访民”“警察开枪是领导指使"的“内幕”“警察枪杀访民”的谣言在网上迅速扩散。谢某某等6名律师在庆安火车站打横幅,并与徐纯合的母亲签订代理书。看到媒体报道当地领导去慰问开枪民警,律师唐某某提议对该领导进行人肉搜索,发现问题后继续炒作、给政府施压。
庆安事件中,相关律师和推手策划,让“访民"举牌,由专人在旁边拍照并上传到网络,以此炒作案件。网络截图 重要推手、网民"超级低俗屠夫"吴淦紧随出场,“悬赏10万元征集庆安事件的现场视频朴”翟岩民介绍,吴淦在炒作热点敏感事件方面很敢干,在“圈”里“名气非常大"“访民”刘星给翟岩民打电话问要不要组织人去“声援"。翟岩民给吴淦打电话,吴淦说暂时还不需要,要让律师先把事件炒热了,才需要大概饬民去“炒作”和“声援”
短短数日内,庆安事件越炒越热。翟岩民组织协调各地“访民”分5批次前往庆安“声援”参与“声援”的山东“访民”李某某证实,自己在庆安火车站举牌,还领到了600元的“酬劳”她和其他“访民”被当地公安机关治安拘留,拘留期满回京后,翟岩民专门设宴为"庆安”的勇士们“庆功”
“从我2013年进入这个圈子,只要国内发生一些敏感事件,他们就按这种固定的模式和流程进行炒作”翟岩民说“维权"律师经常在微信群里发某个敏感事件的视频或照片,以及一些极具煽动性的看法。如果事件没有炒起来, "维权"律师就会直接到现场去。这时,就会有一些人组织"访民",打着追求事实真相的幌子去现场"声援”以此引起社会关注和热议。
犯罪嫌疑人所称的"维权圈"究竟是怎样的?警方查明“维权圈"大体分为三个层级:组织核心层,包括北京锋锐律师事务所主任周世锋、行政助理刘四新、律师黄力群等人;策划行动层,包括律师王宇、王全璋和推手吴淦、砾岩民、包龙军等人;跟风参与层,包括刘星、李某某等“访民”
办案民警介绍,除了"维权"律师、推手、“访民”“维权圈”里还有其他角色——专人负责拍摄现场情况,第一时间发到微信里专人进行整理,发到境外网站。随后,一些网络大V进行评论、转发,从而给当地政府造成强大的舆论压力。 "声援"活动的资金从何而来?翟岩民、刘星等人供述每次有声援活动的时候,他们会在网上募捐,有时也会得到境外资助。各地的访民谁想去声援,都能得到一些报酬和补助。“有些活动,律师群体也会给我们一些钱,我会把钱分给去参加声援活动的人,自己留下一部分”翟岩民说。
这么大的群体,如何联系并保持行动一致?警方査明,他们一方面定期组织聚会、聚餐,交流“经验心得”商讨行动计划;另一方面,通过微信、QQ群和“电报"等即时通讯工具沟通联络,进行煽动策划、开展业务培训。类似的群有很多,有的以热点事件命名,有的以行动目标命名,有的以共同利益命名。
“电报”主要用于组织串联,里面的言论基本都是攻击党和政府的”翟岩民供述,“我们在里面策划、组织各种声援活动,可以设定时间删除图片和文字,就是不想让政府知道。”
人称“老道”、曾被公安机关多次处罚的"访民"刘星交代了通过"电报"等方式与翟岩民联系的情况,并承认翟岩民给他介绍了很多律师 朋友。刘星还交代,在翟岩民的策划下,他组织“访民”到案件现场,通过静坐、喊口号、举标语、打横幅等方式,先后参与炒作湖南律师谢阳状告司法行政机关等近10起敏感案事件。
"在我们“维权圈”里,把访民都称为公民,因为说访民不好听”翟岩民交代,圈子里的绝大多数人都是对现实不满、对政府不满,经常借助一些事件发泄、滋事,并宣扬"以被拘留为荣”
借助“热点”炒作煽动网上网下兴风作浪
警方查明,在多起敏感案事件中"冲锋在前"的“超级低俗屠夫"吴淦,是北京锋锐律师事务所主任周世锋专门聘任的行政助理。他虽然不是律师,但在所里"地位"特殊,月薪过万,还有专门的“活动经费",深受周世锋的倚重,直接参与该所的重要决策。
“吴淦曾经发起声援山东曲阜薛某某案件、黑龙江建三江事件和郑州十人被拘事件。吴淦毫无法律背景,周世锋就是为了利用吴淦的名气提高锋锐所的名气和影响力,同时也获得更多的案源和财源。”翟岩民认为,周世锋看中的,正是吴淦什么事情都敢干,并且点子多,行为足够吸引眼球。
据介绍,把普通事件炒作成热点事件,把敏感事件炒成政治事件,让不明真相的群众和网民跟进,煽动对政府的不满情绪,是锋锐所一贯推崇的做法。
“周世锋在代理案件时,除了看代理费的高低之外,主要看有没有炒作点。” 犯罪嫌疑人、锋锐所律师黄力群供述,“周世锋自称律师界的宋江,专门招收一些不遵守法律准则的“死磕”律师,用违法的手段炒作代理的案件。他主动把这些人拉拢起来,给他们资助,让他们觉得有强大的后盾。' 办案民警介绍,遇有敏感案事件,这些“死磕”律师在庭内、网上公开对抗法庭,并幕后指使挑头滋事骨千组织访民在庭外、网下声援滋事,内外呼应,相互借力,成为炒作敏感案事件的直接推动力。
犯罪嫌疑人王宇就是锋锐所众多所谓"死磕”律师之一。据了解,王宇不仅被质疑律师执业履历造假和"吃空饷",还曾于2008年12月在天津与铁路工作人员发生纠纷,将18岁的张某某打伤致其耳聋,被法院判处有期徒刑两年半。出狱后,她热衷于插手炒作敏感案事件。例如,在代理苏州范木根案件中,她在网上发帖故意歪曲案情,使得很多人盲从跟进。开庭时,法院前就聚集了数百人“声援”、围观;庭审中,王宇大闹法庭,直至被当场带离,然后在庭外跟"访民"互动,一起打横幅、喊口号,引来更多人围观、制造影响。
“锋锐律师事务所的许多律师和工作人员的风格就像吴淦,刘四新是刑满释放人员,没有律师证,对我国现行体制非常痛恨;王宇多次大闹法庭和看守所;王全璋连整句话都说不清楚,表达能力很差,但什么案子都敢接”翟岩民供述。
对于锋锐所律师代理炒作案件的做法,多名犯罪嫌疑人将其描述为“新、奇、特”
——新,就是要有新思路,让律师不要像以往那样按照法律程序走。“在公安机关听警察的,在法庭听法官的,他们说什么是什么、不敢反抗,那样是不行的。要强势一些,不要听他们的,按照自己的意愿来处理。”周世锋曾这样告诉翟岩民。
——奇,就是能请到一些像吴淦这样的“奇人”。发挥这种人敢冲敢打"的"特长",做出一些常人做不出的事。比如,吴淦曾经把一女干部头像贴在裸体模特模型上,在网上直播“每日一睡”也曾在法院门口给某高院领导"设灵堂"。
——特,就是用一些特别的方式,例如,在网上网下声援炒作围观他们代理的案件举报、投诉主审法官、办案民警和当地官员,号召网民对他们人肉捜索,给他们施压组织案 件当事人、亲友以及不相干的人围攻政法机关,以此向政法机关施压,达到在正常法律制度内无法达到的代理效果。
"锋锐律师事务所代理、炒作过多起敏感案件。”黄力群说。周世锋经常教唆律师在代理事件中故意挑事,这些律师回北京时,周世锋还会安排人员拿着鲜花去接站,并公然表扬这些律师干得好。
各怀鬼胎扬名获利制造混乱另有所图
那么,这些"维权"律师、推手和"访民"在一次次"维权"炒作中能获取什么好处?他们这样做是否还有更深层的目的?
黄力群、板岩民、吴淦、刘星等人供述,他们的目的就是扬名获利、制造社会混乱。这种炒作模式之下,每一个环节的参与者都有利可图——
对于律师而言,本身有一定的社会地位,他们介入后使得事件、案件的关注度更高,造成的社会影响更大,律师也会因此提高自己的知名度,如果能代理还能挣代理费。
对于律所里的非律师人员,例如吴淦“在炒作敏感事件中,既提高了名气,扩大了影响力,而且在每次募捐中借机敛财,落下了不少钱。”又如,负责向境外网站发“声援”新闻的人员。他们发完东西署自己的名字,些网站的人会找到他们,给他们钱。”
对于"访民”而言,尽管与这些敏感事件没有关系,但他们参与其中,首先能够借机让自身诉求得到律师的援助其次,能够引起自己家乡政府的关注,对于解决自身诉求有利;同时,还能得到一些经济方面的利益,除了差旅费实报实销之外,还能得到数百元的补助,如果被拘留还有拘留补贴"。
对于翟岩民这样的推手而言,每参与一起敏感案事件,能领到少则数百元、多则数千元的“补贴”在“圈”内的名气也越来越大“我感觉很好,因为我没有收入,既可以赚钱,又以得到别人特别是访民的尊重”
对于锋锐律所而言,炒作是扬名获利的“捷径”经过一系列热点案事件的炒作,锋锐所名声大振、财源广进。正如周世锋所言,用法律框架内的方法很难打赢一些官司,就是要用法律之外的手段赢得官司,让其他人都看到锋锐所在这方面的本事。
连日来,黄力群、翟岩民、吴淦、刘星等人对自己的涉嫌严重犯罪行为进行了深刻反思,并认识到了所谓"维权"活动对杜会的严重 危害——
"我被周世锋给骗了,他利用了我曾经在国家机关工作过的身份,为他自己抬高身价、招揽生意。我成了他的招牌和工具”黄力群供述,周世锋不但怂恿他提前退休,而且几次设套,不告知案情却让他去代理敏感案件,并安排记者采访他“把我当成枪使”
"我们的行为严重扰乱了社会秩序,造成了交通堵塞等严重的社会混乱;错误引导很多不明真相的群众,让他们对政府产生不好的印,甚至也要参与进来;给其他一些别有用心的人提供了炒作的机会,达到他们丑化政府形象以及更多不可告人的目的”翟岩民说。
"我觉得对于律师而言,要利用法律维护当事人的合法权益,绝不能锋锐所样,用一些卑劣、下流、非正常的手段,严重破坏了法治建设,与公平正义背道而驰”翟岩民说,不管你有什么诉求,都要在法治的轨道内进行。真的不能再去炒作一些敏感事件,不能去宣扬一些负面的东西,我们必须烘托出社会的正能量”
目前,周世锋、刘四新、黄力群、王宇、王全璋、包龙军等多名犯罪嫌疑人被公安机关依法刑事拘留。另据警方披露,周世锋等人涉嫌其他严重违法犯罪。案件还在进一步侦办中。


报道之二

北京锋锐律所案追踪
《人民日报》2015年7月19日
新华社记者 邹伟 人民日报记者 黄庆畅

“我认罪,希望能给我一个机会”
“在律所方面确实有违法之处,这是毋庸置疑的;在具体行为中确实有违法基至犯罪行为,错误是相当严重的”
犯罪嫌疑人、北京市锋锐律师事务所主任周世锋认罪忏悔。
近日,公安部指挥多地公安机关摧毁一个以北京市锋锐律师事务所为平台,少数律师、推手、“访民”相互勾连、滋事扰序的涉嫌重大犯罪团伙,周世锋、王宇、李和平、谢燕益、隋牧青、黄力群、谢远东、谢阳、刘建军9名律师和刘四新、吴淦、翟岩民等人被依法采取刑事强制措施。
截至目前,案件侦办有何最新进展?该渉嫌犯罪团伙如何具体分工、相互勾连、组团滋事?他们大肆干扰司法活动、严重扰乱社会秩序意欲何为?他们在庭内庭外、网上网下的种种做法,对当事人、对社会、对律师行业以及法治建设究竟带来了怎样的伤害?
庭内扰序庭外滋事
周世锋等人涉嫌严重犯罪
“锋锐律所文有刘四新,武有“屠夫”吴淦,还有王宇、王全璋等一批“战将”。他们在庭内罔顾法律事实,不遵守法庭纪律;在庭外,不管大案小案、大事小事,总能闹出动静。”
——犯罪嫌疑人、锋锐律所实习律师谢远东
警方初步査明,自2012年7月以来,周世锋等人先后组织策划炒作了40余起案事件,严重干扰正常司法活动,严重扰乱社会秩序。
“把一些普通案件炒成热点案件,把一些敏感案件炒成政治案件,最好引起国际社会关注。”多名犯罪嫌疑人证实,锋锐律所专挑敏感案件代理,如果案件不够敏感、名气不够大,就想尽办法炒热、炒大。而代理所有这些案件必须经过周世锋同意,否则无法开具介绍信。事实上,周世锋对这些做法的后果十分清楚, 还提醒"随时会进去,要注意安全”
今年1月,受周世锋派遣,谢远东前往云南大理代理一起案件。为他同行"助阵"的,还有该所行政助理、网名为“超级低俗屠夫”的吴淦。
“当时我就知道吴淦去了肯定要闹事”谢远东说,他们去大理之前已分好工,两人各干各的。吴淦制造影响给法院施压,谢远东在代理案件时获得便利。
据介绍,吴淦等人开着一辆车在法院门口不停兜圈,法院保安被迫让其车辆进入,吴淦等人又开着车在法院院内来回转,并高喊着法院院长的名字。
吴淦就此向周世锋作了汇报,周世锋赞许叫“很好"。
在锋锐律所代理的多起案件中,吴淦均参与了炒作。他一方面在法庭外打横幅、拉标语,高声叫骂,制造社会影响,另一方面在网上发动网民“人肉捜索”主审法官或有关领导,发布举报、投诉的帖子进行"围剿"。
“律师干律师的,屠夫干屠夫的,这样配合才好”周世锋供述,“尽管吴淦不是律师,但能起到律师不能起的作用。屠夫名气大,他是邓玉娇案件的操盘手,一听吴淦来了,相关单位就会重视。”
刘四新,锋锐律所的另一名行政助理。据了解,他是刑满释放人员,并没有律师执业资格,但具有法学背景,为周世锋办案时专门提供用来应对当事人和法院的一些比较专业的法律文本。
“周世锋的法学专业素养非常差,跟他的资历和年龄不相称,至少在我看来,实在不敢恭维”犯罪嫌疑人刘四新说。周世锋开庭之前从不阅卷,都是由刘四新写好了,周世锋在庭上照本宣科地念。而且周世锋办案极不规范,无卷宗、无档案、无材料,是典型的“三无案件”。
周世锋承认:“他整理好后我开庭就能用,变成我的”。他还供述,吴淦、刘四新都是“敢说敢干的人”他们把有些案子在网上炒热了,可以起到推波助澜的作用,进一步给相关单位施压。
与庭外的“闹”相比,锋锐律所少数律师在法庭内的“闹”也毫不逊色——
2015年4月,沈阳市沈河区人民法院,一起刑事案件的庭审现场。
法院视频资料显示,庭审刚一开始,几名辩护人就高声叫喊起来。审判长多次要求遵守法庭纪律,但这几名辩护人根本不听,反而无理要求合议庭人员全体回避。他们不顾审判长、法警劝阻,继续大吵大闹,并公然辱骂包括审判长、法警在内的法院工作人员。其中的领头者正是锋锐律所的女律师王宇。她走出辩护席,带头叫骂,指着法警的鼻子大骂其是流氓,禽兽,将庄严的法庭变成了骂人、撒泼之地,使得庭审无法进行下去。
“这个案件已经开庭审理4次了。此前的三次庭审都是这样,辩护人、被告人和家属互相配合、扰乱法庭,闹得不可开交”沈阳市沈河区人民法院刑事审判庭审判长焦玉玲说。
故意闹庭、制造事端,让自己被逐出法庭,刻意渲染悲情、营造"弱者"形象,然后进行一系列炒作,也是他们的另一“杀手锏”。
2013年4月,江苏省靖江市人民法院。一起案件开庭前,辩护人、与王宇同为锋锐律所律师的王全璋,与无律师执业资格的李某某到靖江市人民检察院无理控告承办人及主审法官。庭审中,王全璋以申请回避、捏造事实等方式干扰庭审进程未经法庭许可,擅自用"云录音'状态的手机录音、拍照,企图传到网上炒作。李某某未经允许,两次擅自闯入审判区坐上辩护席。鉴于其行为违反法庭秩序且情节严重,王全璋被依法治安拘留。
庭外早有人做好准备,在网上迅速发起所谓“紧急营救王全璋律师”行动,煽动一批人在法院聚集闹事。靖江法院领导及主审法官的电话被公布在网上,连续几天被打爆。
另据警方査明,为了将案件炒热,周世锋还与“人民监督网”所谓“公民记者”朱某某相互勾连,借势炒作王宇、王全璋、吴淦等人频频接受境外媒体采访,散布攻击党和政府、抹黑司法制度等负面言论。
扬名获利各有所图
勾连“推手”“访民”形成利益链
“锋锐律所还年轻,2012年才转成合伙所,和有影响的所没法比,我想搞几个大案尽快出名,一出名就挣钱去。”
——犯罪嫌疑人、锋锐律所主任周世锋
为了尽快“扬名立万”,周世锋选用律师不看水平、先看“名气”周世锋说。“我有两方面考虑,第一是想出名,提高所里的知名度,我就放任他们去做了;第二个是有重大疑难案件,让他们制造点影响,容易引起关注。”
如今,周世锋深感后悔:“我纵容和鼓励了他们在代理案件中的违法行为,给社会稳定带来了大的隐患,我作为所里的主任,有不可推卸的责任”。
周世锋专门动员曾经在国家机关工作的黄力群提前退休、加入律所,周世锋说“他是体制内的干部,有强大的影响力,有资源可以为我所用”,平时带着黄力群出去,“显得我很有范儿,无形中就扩大我的影响力”。
对于被判过刑坐过牢、以“死磕”著称的女律师王宇,“她在律师行业有名气,尽管名气靠死磕、炒作来的,但是一说没有不知道的。这样无形中就把锋锐律所和我的知名度抬上去了。如果锋锐律所有大的疑难案件,让她介入炒作,效果很好。”周世锋说。
又如招聘曾是某中央媒体记者的谢远东,周世锋说,“谢远东来了后,我介绍这是某中央媒体的在编记者,辞职到我这当实习律师,他很谦卑地说是主任助理,我的形象一下就树立起来了,锋锐律所的影响力就扩大了。”深受王宇、王全璋等人“闹庭”困扰的沈阳、天津、河南等地法院的法官指出,这些人就是为了拖延案件审理,向法院施压,企图“大事化小”“重罪轻判”“有罪判无罪”,从而显出锋睿律所的本事,在业内“一战成名”
犯罪嫌疑人勾某某说,周世锋等人给他之前的印象就是“维权公益律师”。他今年召集周世锋等律师为工人讨薪维权支招,这原本是件为农民工维权的公益事件,但与会的周世锋等人婉拒表态,态度冷淡。“这些律师就是唯利是图,因为给工人打官司挣不到钱,所以他们也不会感兴趣,也不会帮助郧些工人”勾某某说,经过一段时间接触,改变了他对周世锋等人“为民请命”的印象。
在周世锋意图招纳的人员中,还包括经常带领“访民”赴各地“围观”“声援”热点案事件的翟岩民。“我没有学过法,也没有任何法律背景,周世锋看中的应该是我背后的那些“访民”资源”。翟岩民供述。
据介绍,周世锋、王宇、王全璋等律师炒作案件有其固定模式,先由吴淦等人在网上炒作案件,一些网络大V推波助澜,等事件被炒热后,再以声援律师的名义募捐,作为组织“访民”到多起热点案件现场“声援”造势的经费。
然而,据多位犯罪嫌疑人供述,利用各地群众的善心募集而来的“善款”也是一笔不清不楚的糊涂账,甚至成为一些人的生财之道。
翟岩民供述,每起热点事件的募捐中,表面上都设有“协调人、持卡人、监督人”事实上,这些募捐资金使用混乱,很多流入个人腰包。
刘四新供述,去年他与吴淦等人参与炒作黑龙江一起热点事件,并在网上发起募捐。当时募捐资金有十几万元,我虽然挂名监督人,但从来没看过账目,也不知道剩余的钱款去向”刘四新说。
另据介绍,锋锐律所少数律师常以“无偿代理”“公益代理”的名义参与敏感、热点事件,实则在网上召集募捐。例如,王宇声称无偿代理江苏范本根案,实际上吴淦等人在网上发起募捐作为代理费。这样一来,律师名利双收。王宇、吴淦等人还煽动数百名网民到法院门前围观。一些访民在现场因扰序被拘后,一些律师再以给这些访民做代理为名炒作,持续形成舆论热点,升级为境内外关注的热点事件。
多名涉及此案的“访民”表示,他们之所以跑到各地参与这么多热点事件的“围观”就是有钱才过去的,现在知道被利用了,感到十分后悔。
今年59岁的河北保定人李成立并不是访民,而是当地医院的临时工“庆安事件”发生后,他在微信上看到有人说募捐的事,去围观的话还可以有钱,他就去庆安参加围观。由于他觉得钱可能没给够,随后又到山东潍坊与刘星等人一起“围观”“声援”与自己本无关系的徐某某案件,现场就被警方控制。
“其实我们不知道委身在维权,又不知道维的什么权。”“访民”刘星承认,他当时跟着到处瞎跑就是想到没去过的地方转转,“像长沙等地方我从来没去过,就当游玩一样”。现在刘星意识到自己被利用了,“把前后的事串起来想,我就是被人当枪使,就是别人的子弹,稀里糊涂当了这么多年的炮灰”。
践踏法律损害法治
把当事人权益和公平正义抛之脑后
“律师是社会主义法律工作者,更应当有意识地、自觉地维护法律秩序,做法律秩序的维护者,而不是法律秩序的破坏者”
——中国法学会律师法学研究会副会长、中国政法大学律师学研究中心主任王进喜
连日来,多名犯罪嫌疑人进行了深刻反思,认为自己的行为严重破坏了法律实施,更严重损害了社会公平正义。
——为了扬名获利和其他不可告人的目的,极少数律师甚至不惜牺牲当事人的合法权益。
2014年,锋锐律所代理了鄂尔多斯一起涉及商标犯罪的案件。多名律师讨论认为,从专业角度来讲,该案最多可以提出轻罪辩护。但周世锋为了能代理这个案件,却提出做无罪辩护,并许诺如果不能把一半的犯罪嫌疑人“放”出来,就退回100万元的代理费。代理过程中,周世锋等人采取了抹黑主审法官、大闹法庭、 网络炒作等惯用手法,没想到法院仍然依法判决全部被告人有罪。
“当事人认为,自己的合法权益并没有得到应有的保护。周世锋至今也没有退还代理费”该所一同出庭的另一位律师透露,周世锋还对没有与法庭对着干、没有大闹法庭、没有支持他观点的同案律师破口大骂。”
他们炒作每一个敏感事件,就是希望把事件炒大,炒大到老百姓上街,最后发生官民冲突热,造成流血事件,最好国际社会介入。”翟岩民说,事件炒得越大,对他们律师越有利,他们可以提高代理案件的标的,并借此出名、引起国际社会关注。至于当事人的权益能否得到保障,他们并不在乎。
“糊弄、欺骗当事人,或为了钱、为了名,把一些普通案件炒作成热点案件、把一些敏感案件炒作成政治案件。我认为这是没有出路的,迟早会被当事人、老百姓看穿的。”犯罪嫌疑人、与翟岩民共同组织“访民”去山东潍坊“声援”的律师刘建军说。
据介绍,山东诸城徐某某被法院以贪污罪一审判处有期徒刑10年,徐某某不服提起上诉。二审前,其家人贾某某找到刘建军,请他帮忙“翻案”。在刘建军的策划下,一场关于该案的研讨会在北京召开,会上有人提出要“给法院施 加点压力”。刘建军便找到翟岩民,由翟岩民联系了10多名“访民”前往潍坊,在法院门口举牌、打横幅、喊口号,导致大量群众围观、交通严重堵塞。
“开研讨会花了7万元,请人围观花了1万元,事还办砸了,人也被抓进来了。”贾某某追悔莫及,“真不该听信刘建军他们的主意。”
——由于周世锋等人的"闹庭"、炒作,多个案件庭审无法进行,简单案件也要反复开庭审理。
王宇在天津火车站因与他人发生纠纷,将一名年仅18岁的检票员打伤至耳聋,被控故意伤害他人在天津铁路运输法院开庭受审。王宇的辩护律师组织一批与案件不相干的人员,头戴白帽,在法院门口高呼口号、向法院施压。
“我感触最明显的,就是这些律师并没有把当事人的利益放得多重,更多的是放在街头,放在我们门前,搞所谓的声援,基至与京津两地的不法人员进行串联,给法院施加压力。”天津铁路运输法院副院长王平说。天津铁路运输法院最终以过失致人重伤罪,判处被告人王宇有期徒刑二年六个月,附带民事诉讼赔偿。
在代理江苏范木根案件中,王宇在网上发帖故意歪曲案情,使得很多人盲从跟进。开庭时,法院前聚集了数百人“声援”“围观”庭审中,王宇大闹法庭,直至被当场带离,然后在庭外跟“访民”互动,一起打横幅、高喊口号,引来更多入围观,基至境外一些媒体也纷纷“声援”。
司法部律师公证工作指导司副司长何勇表示,少数律师的行为远远超出法律规定的律师执业范围,严重违反律师职业道德和从业准则,涉嫌严重干扰正常司法活动,涉嫌严重扰乱社会秩序,与律师的身份定位、与法治精神均背道而驰。
“律师应当做尊法、守法、学法、用法的楷模,而不是沦落为兴风作浪破坏法治的“推手”《中国司法》杂志社总编辑、研究员刘武俊表示,“律师必须具备应有的职业操守和法治精神,越是法律工作者越要尊崇法治敬畏法律,在法律的框架内活动越是重大敏感案件越要彰显法律工作者应有的法律操守和职业道德。”
——随着案件侦办工作的进一步深入,警方还发现了锋锐律所涉嫌偷税漏税、行贿等其他犯罪线索;同时,周世锋个人的其他涉嫌违法犯罪问题也逐渐暴露。
在代理鄂尔多斯案件中,周世锋让对方将 100万元代理费和30万元交通费都打到自己的账户上。江苏一起案件的30万元代理费,河南一起案件的70万元代理费,也都打到周世锋个人的账户上......“收费经常打到自己或者自己相关账户上,打到我卡上的钱基本没有缴税,这是严重的违法行为”周世锋供认。
锋锐律所财务人员交代,所里员工每周月发多少工资,财务上都不知道,都是由周世锋通过个人的银行卡发放,但工资表上都只有3500元左右。刘四新曾对此表示质疑,资应该由财务发,对于周世锋个人给他发工资,虽然他不敢问,但也认为“有逃避个人所得税的嫌疑"。
另据警方初步查明,为了能打赢官司,周世锋等人还涉嫌向个别国家机关工作人员行贿。此外,周世锋在代理一起案件时,看到当事人因车祸受伤卧床不起,便邀约该当事人的妻子外出旅游,强迫与其发生性关系,后生下一女。与周世锋有不正当男女关系的多名女性中,大多数是其乡亲托付他在北京给予照顾的晚辈。
曾经在周世锋的授意下炒作案件、干扰司法的多名犯罪嫌疑人,如今深表悔意——
“我们的表现在很大程度上丧失了律师的职业伦理。我们应该把当事人合法权益和社会公平正义放在第一位,而不能通过吸引眼球、吸引关注来达到个人目的”远东说。
“我们的行为不是正常的律师执业途径。不管是从事法律业务还是做一个公民,不管遇到什么问题,都应该通过合法的渠道来解决。”刘四新说,"一味地蛮干、“死磕”,不利于推进全面依法治国,反而会成为依法治国的杂音和消极不利因素,还会被境外恶意利用。”
“律师必须严格遵守法律,哪怕有轻微的违法,也会影响到人们对法治的信心和信任。”王进喜认为,“律师的言论不能够损害公平审判,因为这涉及到案件当事人的利益,涉及到公众对案件的认知,涉及到是否会影响法院判决,在国外是受到严格规制的。”



报道之三

起底锋锐律所周世锋
——“三无式”办案“表演式”辩护
央视新闻 2015年7月19日

近日,在公安部的部署指挥下,北京等地警方摧毁了一个以北京锋锐律师事务所为平 台,以该所主任周世锋为首,涉嫌严重扰乱社会秩序的重大犯罪团伙,周世锋、王宇等多人被依法采取刑事强制措施,其中包括九名律师。
这一案件的侦破引起了社会的广泛关注,人们的视线也聚焦到了北京锋锐律师事务所上,这究竟是一家什么样的律师所?作为律所主任的周世锋又是怎样代理案件的呢?随着调査的深入,越来越多的事实浮现出来。
周世锋“三无式”办案 “表演式”辩护
2014年5月,鄂尔多斯市中级人民法院开庭审理一起伪造销售注册商标标识案。开庭前,多名律师讨论认为,从专业的辩护角度来讲,应该提出罪轻辩护。但周世锋为了能代理这个案件,提出做无罪辩护,最终,锋锐所如愿以偿代理了这起案件。在代理过程中,周世锋等人采取了抹黑主审法官、大闹法庭、微博造势等惯用手法。
庭审过程中,周世锋带头吵闹,指责鄂尔多斯公安局没有管辖权。由于周世锋等人大吵大闹,审判长不得不宣布休庭。
为了闹出声势,开庭前,周世锋还给自己带去的9名锋锐所律师开了会,安排闹庭顺序。
犯罪嫌疑人黄力群回忆说,当时他被排在第四位,而周世锋是第三个,因为当时自己没有按照周世锋的指示去说,庭审结束后他还被周世锋骂了。
最终,合议庭顶住了压力,依法判决被告人有罪。而周世锋不顾当事人利益一味胡搅蛮缠的"死磕"式辩护,使得当事人丧失了恰当地运用法律进行罪轻辩护的机会。
当事人的合法权益丧失了,但是周世锋却名利双收。开庭前,他许诺如果不能把一半的犯罪嫌疑人"放"出来,就退回100万元的代理费,但是当法院依法判决全部被告人有罪后,周世锋始终没有退还这100万元。周世锋在法庭上的表演式辩护或许能一时蒙蔽当事人,但是他连卷宗都不看的代理方式却被自己的手下看得明明白白。
犯罪嫌疑人谢远东称“周世锋的办案能力比较次,他办案是无卷宗无档案无材料的典型的三无案件,极其不规范。周世锋有一次带我去安阳办案,他要求当事人安排吃请,游山玩水。事后安阳的当事人和我说,周世锋每一次办案都是这样,花很多钱苦不堪言。”
替周世锋捉刀代笔写法律文本的刘四新,对顶头上司的专业素养是这样评价的。刘四新说:“他做律师吧,他的法律法学专业素养,我通过这一年的接触,也逐渐感觉到非常差,跟他都个资历和年龄不相称。法律素养,至少在我看来,我实在不敢恭维。”
犯罪嫌疑人谢远东称,“办案之前从来不阅卷,周世锋在办案上主要是靠刘四新提供的专业的诉讼法律文本,开庭之后照本宣科,如果这个不管用,周世锋就开始胡言乱语,说什么践踏法制,颠倒黑白,攻击法院法规的语言。”
周世锋的法庭行为,不是在依法执业,而更像是一种表演。他善于制造便于网络传播的各种噱头,最终目的就是要让人们认为法官素质不高,把依法审判引向舆论审判,借助舆论向法院施压。
将司法机关和政府描述成“恶势力的保护者”,将自己打扮成民众权益的维护者。犯罪嫌疑人勾某某说,周世锋到处标榜自己“为民请命”,但当勾某某提出请周世锋为农民工维权支招时,周世锋态度冷淡地拒绝了。
犯罪嫌疑人勾某某称,“他说我们积的案子很多,我们这个案子现在都做不过来,你这个劳工的案子是不挣钱的,律师不挣钱,我们去做它干吗,所以说我就一下子就改变了我对他之 前的些看法,就是以前的高大上的那种,就是为民抗命的这种印象,一下子就让我给打消了。”
在法庭上依据法律据理力争本应是律师基本的职业要求,绝大多数具有职业操守的律师也是这样做的。但是周世锋和他治下的锋锐所却剑走偏锋,选择了冲击中国现行法律体系为目标的“特定死磕”。在事实面前,周世锋也不得不承认锋锐所使用和联系了一批素质不高、行为大胆的人,他们的违法行为和自我炒作搅合在一起,吹成了危险的泡沫。
犯罪嫌疑人周世锋“在律所事务所方面确实有违法之处,这是毋庸置疑的。在所里用非职业律师或行政人员,借他们的名气来烘托或炒作,以此提高所里的知名度,他们在具体行为过程中确实有违法基至犯罪行为,这样所里用这些人就犯了天大错误,所里在用这些维权律师,想用他们支撑所里的能量,扩大所里的影响力和知名度,纵容和鼓励了他们在代理案件中的违法行为,给社会的稳定带来了大的隐患,我作为所里主任在这方面有不可推卸的责任,在他们代理敏感案件过程中,缺乏强有力的制约,等于说鼓励他们胡来。第二部分是在我代理案件过程中,收费经常打到自己或者自 己相关账户上,这是严重的违法行为。”
另据警方初步查明,周世锋等人还涉嫌向国家机关工作人员行贿。此外,周世锋在代理一起案件时,看到当事人因手祸受伤卧床不起,便邀约该当事人的妻子外出旅游并发生性关系,后来生下一女。与周世锋有不正当男女关系的多名女性中,大多数是其乡亲托付他在北京给予照顾的晚辈。
庭内庭外网上网下如此辩护为哪般
作为律师所主任,周世锋的办案和行事风格直接影响到了锋锐所,在他的身边有一批在法庭上以闹见长的律师,还有专门在法庭外组织围观声援、炒作舆论的行政助理。
庭内庭外、网上网下互为呼应,将一桩桩本该依法独立审理的案件,炒成了一个个舆论热点事件。
2015年4月22日,在沋阳市沈河区人民法院一起刑事案件的庭审现场。庭审刚一开始,包括锋锐所律师王宇在内的几名辩护人就高声叫喊起来。审判长多次要求遵守法庭纪律,但这几名辩护人根本不听,反而要求合议庭人员全体回避。
根据刑诉法,辩护人有权提出合议庭相关人员回避,但必须有相关依据。然而,这几名辩护人拒不提供依据,而且不顾审判长,法警劝阻,继续大吵大闹,并对包括审判长,法警在内的法院工作人员侮辱性地叫骂。
事实上,这并不是审判人员第一本遇到这样的场面,此前的几次庭审中王宇多次走出辩护席,在法庭上大声叫骂,将庄严肃穆的法庭变成了骂人、撤泼之地,庭审因此无法进行。
在多次制止无效后,审判长不得不要求法警将王宇逐出法庭。经常在庭外组织访民围观声援、配合王宇的翟岩民,对王宇的闹庭能量也叹为观止。
与法庭内的"闹"相比,锋锐所一些律师和推手在法庭外的“闹”也毫不逊色。今年一月,受周世锋派遣,锋锐所律师谢远东前往云南大理代理一起普通的民事纠纷案件。为他同行助阵的还有周世锋的行政助理,网名"超级低俗屠夫"的吴淦。
之所以聘用完全没有法律背景的吴淦,周世锋看上的就是他将普通案件炒成敏感案件、 敏感案件炒成政治事件的炒作能量。发生在云南大理的这起租房引起的民事纠纷案件,本来应该通过正常的控告申诉途径来解决,但吴淦却自有一套网上网下的组合闹法。在网上他发起了人肉当地法院院长;在网下,他先以法院不让外地车进入为名不停兜圈,法院被迫让他进入后,他又在法院院内来回转圈,高喊法院院长名字。对于吴淦的这一闹,周世锋赞赏有加。
故意闹庭、制造事端,甚至蓄意让自己被逐出法庭,然后进行一系列炒作,锋锐所的律师们到处复制着这样的闹法。2013年4月3日江苏省靖江市人民法院,锋锐所律师王全璋和另外一位所谓的律师作为当时被告的代理律师出庭辩护。但就在审查辩护资格时,法院却发现,王全璋的这位搭档居然不具备律师从业资格。
王频是当时这起案件的审判长。据他回忆在当天开庭前,王全璋的这位搭档依然坐在辩护席上,直到自己几次请他到一边旁听他才离开。而这只是整个庭审过程中风波的开始。在庭审调查阶段,王全璋多次打断审判长和公诉人发言,随意插话。
庭审中,王全璋以申请回避、捏造事实等方式干扰庭审进程未经法庭许可,擅自用"云录音"状态的手机录音、拍照。鉴于其行为违反法庭秩序且情节严重,王全璋被依法治安拘留。
当天休庭后,法院将王全璋带到会议室询问为何在法庭上屡屡违反纪律,但王全璋却一味胡搅蛮缠。
当天晚间,靖江法院依据刑事诉讼法第194 条的规定,以违反法庭秩序情节严重为由作出对王全璋拘留十天的决定。而与此同时,庭外早有人做好准备,在网上迅速发起所谓"紧急营救王全璋律师"行动,煽动一批人在法院聚集闹 事。靖江法院领导及主审法官的电话被公布在网上,连续几天被打爆。
堵大门扎帐篷“访民”成“炮灰”
像王宇、王全璋这样的极少数律师在庭内闹,推手聚集"访民"在庭外炒,那些被鼓动参与了举牌闹事的“访民”,付出的却是更加沉痛的代价。
2010年8月的一天,天津铁路法院大门前,聚集了很多头戴白帽的人,要求参加一起案件的旁听,仔细观察就会发现,这一群人当中,有专人在牵头指挥,实际上,这是一群“职业访民”。 天津铁路运输法院当时受理的是一起故意 伤害案,被告人正是律师王宇,王宇的辩护律师张凯又叫来一名所谓的“声援”律师董前勇一同参加旁听,法警按规定对旁听人员要进行安检,董前勇却拒绝安检。
一董前勇在安检口无理取闹,门外的“访障”立刻起哄呼应。董前勇的身份并不是被告人的辩护律师,拒不接受安检、违反法庭秩序的董前勇,最终被法警驱逐出了法院。 雇佣组织"职业访民"到法院门口喊口号、 举横幅,制造群体声势以闹压法,是对正常司法的严重干扰。这种个别律师和"职业访民"在法院大门内外,里应外合的滋事闹庭不是个例。
今年3月27日,许昌市中级人民法院门外发生了聚众滋事一幕,画面被上传到了网上并被大量转发,引起了网民关注。
大多数网民不了解事情的真相,看到这个微博,就不明事理地转发,有些人至冲击法院谩骂法官。
事件的缘由是一起被终止的行政诉讼案,原告的代理律师不服法院判决,但没有依照法律途径申诉,而是联络了几十名"职业访民"来到许昌中院,他们要求旁听案件的审理,还要求法院道歉,并在法院的办公区域扎帐篷过夜,严重扰乱了法院的秩序。
现场的"访民"来自河南、湖南、山东等多个省份,自称相互不认识,但是法院工作人员发现,在法院滞留期间,有人统一给他们送水,送饭,值得注意的是,现场有一个名叫刘星的人外号“老道”在全国多个省市法院门前聚众滋事的现场,都有刘星的出现,警方查明,刘星正是一个“职业访民”的闹访组织者,通过组织闹访、收受利益。
今年6月,翟岩民在律师刘建军的要求下, 组织多名“访民”到山东潍坊中级人民法院门口举牌滋事,他们中的很多人曾经多次跟着翟岩民到各地闹事,对于只要闹就对自己有利的说法深信不疑。
正是在这个说法的蛊惑下,只要有律师需要,翟岩民总能组织到“访民”而他们中的很多人,都不知道自己要声援什么案件,就跟着去了现场。
为了让"访民"更卖力、更积极,在翟岩民的口中,那些藏在幕后指挥的律师,被他说成了可以给"访民"提供帮助的救星。由于掌握了“访民”的这一心理,翟岩民手中可以利用的"访民'越来越多。
然而,不仅自己的问题无法解决,很多“访民”还因此深受其害。今年56岁的郑玉明来自天津,因为这几年天天跟着别人四处闹访,自己的家庭支离破碎。因为四处闹访,非但妻子与郑玉明离婚,甚至连他的儿子也不愿意再跟他这个父亲联系。
合理的诉求要通过合法的途径表达,身为律师的刘建军比他组织来的这些“访民”更懂得这个道理,对于自己的这次举动更是懊悔不已。
犯罪嫌疑人刘建军称,“现在回想起来这种上访的方式非常成问题,就是说当事人不懂法律,我个人作为律师没有给他们做出一个全面的科学的判断来,到最后发展成这种恶果。”
法律面前人人平等律师也不例外
司法部律师公证工作指导司副司长何勇提醒,律师是助推法治进步的力量,在全面依法治国中承担着重要的责任和使命,要做全社会尊法、守法、用法的楷模。在律师队伍中出现极少数违法犯罪的,他不能代表全国27万的律师,也不能代表行业的主流。但是极少数律师这些行为已经严重的损害了律师行业的整体形象。法律面前人人平等,任何人触犯了法律都应当依法追究,谁都不会成为例外。


评论文章


评论之一

律师的战场应在法庭
《人民日报》2015年7月12日

一系列热点敏感事件的背后,原来藏有“黑手”。“维权”事件的黑幕,着实让人吃惊,也让人气愤他们为了一己私利,弄虚作假、混淆视听、裹挟民意,严重污染了网络空间,严重扰乱社会秩序。此外,他们还利用了网民的同情心,亵渎了人们的正义感,理应受到打击和谴责。
综观"维权圈"的组织架构和操作手法,不难发现,个别律师起到了主导和引导作用,已经涉嫌严重违法犯罪。律师是社会主义法律工作者,是法治中国建设的重要参与者和推动者。然而,有的律师为了扬名获利,喜欢走“捷径”,热衷于借助热点事件,打着“维权”“公益”的幌子,四处煽风点火、扰序滋事。这种明知故称、知法犯法的行为,明显与律师的称谓和人们对律师的期望格格不入。
用制造混乱的手法追求真相,用违法的手段追求法治,确实就像播下"跳蚤"却奢望“龙种”。在法庭上“死磕”以推动法律的实施、法治的彰显,这是律师的职业追求,值得称道,令人敬慕。然而,有的律师不是把心思放在对法律条文的钻研和在法庭的辩论上,而是把功夫用在法律和法庭之外,采用借助歪招邪招损招,煽动所谓的“访民”造势施压,企图通过非法手段达到自己的法律目的。这无疑是对法治的破坏与践踏,更是与法治精神背道而非, 社会和我们每个人的身体一样,难免出现这样或那样的"小毛病"。特别是当前我国处于改革关键期、矛盾凸显期,一些问题开始显现,各种事件频发,有的地方政府在处理时确实也有一些不尽如人意的地方。怎么办?作为一个真正有社会责任感和法治信仰的律师,绝不应该借机炒作,把普通事件炒作成热点事件,把敏感事件炒成政治事件。因为这样不但无益于问题的解决,反而会制造更多的问题,至出现更大的乱子。
在全面推进依法治国的时代背景下,营造全社会运用法治思维和法治方式处理问题的氛围,律师群体责无旁贷。公安机关依法严打违法律师,用意正在于此。




评论之二

律师以法为业 当以律为师
张洋
《人民日报》2015年7月15日

今天,我们已经步入依法治国的新时代,也是律师最有作为的大时代,不少律师因此而欢呼,“律师行业迎来了前所未有的发展机遇。” 律师应该怎样抓住机遇,用自己的知识和肩膀担负起社会的公平正义?
律师以法为业,以律为师,律师职业的特殊性决定了它不是一般的职业,是对事实和证据的判断,是对法律和正义的维护。但是,我国的律师队伍仍存在良莠不齐的状况,有的律师剑走偏锋,谋名谋利,闹法院,扰乱司法秩序,这无疑是与律师的职业使命背道而驰,是法治社会所不容许的。
著名律师张思之老前辈曾经说过,律师应具有"哲人的智慧,诗人的激情,法学家的素养,政治家的立场,四者统一于科学使命、职业良心与社会主义之中"。律师法也明确规定,律师应当维护当事人合法权益,维护法律正确实施,维护社会公平和正义。这些告诉我们:真正的律师不仅仅是个经济人,更是法律人,律师职业的公共属性要比个体属性重要得多。 律师应当是一个比以往任何时候都令人骄微的职业。
一方面,律师在维护社会公平正义中的作用日益凸显。无论是民事代理,还是刑事辩护,越来越多的律师活跃在法庭之上,努力为当事人的合法权益激辩。无论是法律援助,还是普法宣传,越来越多的律师活跃在百姓之中,用自己的实际行动弘扬法治精神。特别是近年来法律顾问逐渐成为热词,越来越多的律师带着一双“法眼”审视立法、决策等政府行为,促进各级政府部门在法治轨道上运行。
另一方面,党和政府重视律师的力量,人民群众期待律师的作为,律师权益的尊重和维护正在得以“不断完善”。前些年,还有不少律师为“会见难”“阅卷难”“调査取证难”的问题犯难,随着2013年1月1日修改后的刑事诉讼法正式实施,关于“三难”问题的讨论越来越少了。 特别是党的十八届四中全会专题部署“全面依法治国”,全会《决定》多次提及“律师”,其中明确提出“建立从符合条件的律师、法学专家中招录立法工作者、法官、检察官制度”。
律师应当更加坚守法治信仰,维护职业荣誉。要知道,律师一次对法律合法合理的“代言”,就是一次对全社会的法治示范,带来的是一大批社会公众法治观念的深化;反之,一次不恰当的“代言”,带来的可能是对社会公平正义的损伤。因此,只有始终坚持职业操守,勇于担当社会责任,以弘扬法治正能量为己任,律师才能不负春风,将自己的价值追求更好地融入到全面依法治国的战略中。


评论之三

我国律师良莠不齐 有的谋名利、闹法院
《人民日报》 2015年7月15日

编者按
据人民日报、新华社7月11日报道,公安部联合多个省市公安机关,摧毁了一个以北京锋锐律师事务所为平台,“维权”律师、推手、“访民”相互勾连、滋事扰序的涉嫌重大犯罪团伙。
此案引发外界对中国一些“死磕”律师的关注。法新社7月12日报道称,锋锐事务所自2012 年起,先后组织策划炒作了40多起敏感事件。
7月15日出版的人民日报刊发署名评论,纵论当代律师的职业操守和历史担当。文章指出:以前,国内律师面临“会见难”“阅卷难”“调查取证难”的问题,随着刑事诉讼法的修改,关于“三难”问题的讨论越来越少。
文章说,真正的律师不仅仅是个经济人,更是法律人,律师职业的公共属性要比个体属性重要得多“一次对法律合法合理的“代言”就是一次对全社会的法治示范,带来的是一大批社会公众法治观念的深化;反之,一次不恰当的“代言”带来的可能是对社会公平正义的损伤。”
全文如下:

律师怎样拥抱法治大时代
张洋

核心提示:律师以法为业,以律为师,律师职业的特殊性决定了它不是一般的职业,是对事实和证据的判断,是对法律和正义的维护。但是,我国的律师队伍仍存在良莠不齐的状况,有的律师剑走偏锋,谋名谋利,闹法院,扰乱司法秩序,这无疑是与律师的职业使命背道而驰,是法治社会所不容许的。
一次对法律合法合理的“代言”就是一次对全社会的法治示范,带来的是一大批社会公众法治观念的深化反之,一次不恰当的“代言”,带来的可能是对社会公平正义的损伤。 今天,我们已经步入依法治国的新时代,也是律师最有作为的大时代,不少律师因此而欢呼。“律师行业迎来了前所未有的发展机遇”律师应该怎样抓住机遇,用自己的知识和肩膀担负起社会的公平正义?
律师以法为业,以律为师,律师职业的特殊性决定了它不是一般的职业,是对事实和证据的判断,是对法律和正义的维护。但是,我国的律师队伍仍存在良莠不齐的状况,有的律师剑走偏锋,谋名谋利,闹法院,扰乱司法秩序,这无疑是与律师的职业使命背道而驰,是法治社会所不容许的。
署名律师张思之老前辈曾经说过,律师应具有"哲人的智慧,诗人的激情,法学家的素养,政治家的立场,四者统一于科学使命、职业良心与社会主义之中”律师法也明确规定,律师应当维护当事人合法权益,维护法律正确实施,维护社会公平和正义。这些告诉我们真正的律师不仅仅是个经济人,更是法律人,律师职业的公共属性要比个体属性重要得多。 律师应当是一个比以往任何时候都令人骄傲的职业。
一方面,律师在维护社会公平正义中的作用日益凸显。无论是民事代理,还是刑事辩护,越来越多的律师活跃在法庭之上,努力为当事人的合法权益激辩。无论是法律援助,还是普法宣传,越来越多的律师活跃在百姓之中,用自己的实际行动弘扬法治精神。特别是近年来法律顾问逐渐成为热词,越来越多的律师带着一双“法眼”审视立法、决策等政府行为,促进各级政府部门在法治轨道上运行。
另一方面,党和政府重视律师的力量,人民群众期待律师的作为,律师权益的尊重和维护正在得以“不断完善”。前些年,还有不少律师为“会见难”“阅卷难”“调查取证难”的问题犯难,随着2013年1月1日修改后的刑事诉讼法正式实施,关于“三难”问题的讨论越来越少了。 特别是党的十八届四中全会专题部署“全面依法治国”,全会《决定》办多次提及“律师”其中明确提出“建立从符合条件的律师、法学专家中招录立法工作者、法官、检察官制度"。
律师应当更加坚守法治信仰,维护职业荣誉。要知道,律师一次对法律合法合理的“代言”就是一次对全社会的法治示范,带来的是一大批社会公众法治观念的深化反之,一次不恰当的“代言”带来的可能是对社会公平正义的损伤。因此,只有始终坚持职业操守,勇于担当社会责任,以弘扬法治正能量为己任,律师才能不负春风,将自己的价值追求更好地融入到全面依法治国的战略中。


评论之四


岂容律师队伍的“害群之马”破坏法治
张洋
《人民日报》2015年7月19日
公安机关披露周世锋、刘四新、黄力群、王宇、吴淦、翟岩民等犯罪嫌疑人的更多案情,用有力的证据进一步佐证这是公安机关的一次依法打击,是对法治精神的一次充分彰显。
当前,全面依法治国是新一届中央领导集体治国理政的重要战略布局之一,法治中国是国家改革发展的一个重头戏、关键词,就连律师行业自身也因此而感受到,“这是前所未有的发展机遇”。党和国家采取一系列政策措施,完善一批法律法规,推动律师行业发展,保障律师执业的合法权益。广大律师也应该珍惜机遇,抓住机遇,切实担负起维护社会公平正义、助力全面依法治国的责任与使命。
可是,我们从北京锋锐律师事务所的案件中看到的,从周世锋、刘四新、黄力群、王宇等犯罪嫌疑人的供述中感受到的,却是另外一幕——
他们不以"公平正义"为职业理想,反而以 “谋名谋利”为奋斗目标,即便是代理案件,也从不考虑基至不惜牺牲当事人的合法权益,而是始终把注意力放在“这个案子能带来多大影响力”等问题上他们不以。
他们不以“法律素养”为组建团队的考量标准,反而以“名气大小”论“英雄”,即便是明知翟岩民没有律师资格,周世锋也可以因为“访民资源”而盛情相邀;吴淦也只不过是擅长于在网络舆论中要点小把戏,周世锋却认为他是不可 多得的“武将”。
他们代理案件时,也不以法律为准绳,不以事实为依据,甚至根本不从法律文本上、案件卷宗中寻找辩护依据,反而是通过闹法庭、搞"死磕"、聚众闹事、抹黑法官、煽动舆论等各种非法手段,将严肃的法庭辩护一而再、再而三地破坏为闹剧。
事实充分证明,该涉嫌犯罪团伙非但不是“国家法治体系中的桥梁纽带”,不是社会公平正义的维护者,反而是法治秩序与尊严的破坏者,是社会公共利益的侵害者。这不仅与律师使命相背离,更是法治社会绝不容许的。这也给广大百姓提了个醒,法治的信仰并不能简单地异化为对某个人的信任,一旦遇到麻烦事了,需要包括律师在内的广大法律工作者的帮助,一定要将法治的种子深埋心中,用法治的眼光去审视对方,时刻提醒自己,切莫再被某些不法分子的“维权”“公益”旗号所蒙骗。
我们应该认识到,周世锋等犯罪嫌疑人只是整个律师队伍的极个别现象,绝大多数律师以法治为信仰、以操守为准则,正在依法守规地活跃在自身岗位上。我们相信,今天公安机关对锋锐律师事务所的起底,只不过是一个个案,只要依法执业、理性维权,律师的合法权利必然得到法律的尊重和维护,必将在全面依法治国的改革大潮中大有作为。


评论之五

司法部回应多名律师滋事落网:
支持清理害群之马
新华网北京7月14日电
(记者邹伟、徐硙)

依法打击极少数违法律师,是为了给广大律师创造更好执业环境。
——司法行政部门、律师界有关人士及专家谈北京市锋锐律师事务所少数律师涉嫌犯罪案。
近日,公安部指挥摧毁一个以北京锋锐律师事务所为平台,律师、推手、访民相互勾连、滋事扰序的涉嫌重大犯罪团伙。连日来,司法行政部门、律师界有关人士及专家表示,坚决支持依法查处涉嫌违法犯罪的极少数律师。清除律师队伍里的极少数害群之马,有利于为广大律师创造更好的执业环境,更好地保障律师的执业权利。
多位人士呼吁,广大律师要坚决拥护党的领导,拥护社会主义法治,维护宪法和法律尊严、恪守法治原则、弘扬法治精神、履行职责使命,更好地维护当事人合法权益,维护法律正确实施,维护社会公平正义。
依法打击极少数违法律师是为了创造更好执业环境
“对公安机关依法查处极少数涉嫌犯罪的律师,作为律师工作主管部门,我们坚决支持。” 司法部律师公证工作指导司副司长何勇14日受访时说。
何勇指出,律师是法律职业从业人员,一切执业活动应当依法开展。公安机关近期查处极少数律师涉嫌犯罪案件,一些涉案律师带头挑事、非法滋事,这些行为远远超出法律规定的律师执业范围,严重违反律师职业道德和从业准则,涉嫌严重干扰正常司法活动,涉嫌严重扰乱社会秩序,与律师的身份定位、与法治精神均背道而驰。
极少数律师在代理案件时大闹法庭、辱骂诋毁法官,甚至组织一些不相干的人在庭外围观、“声援”,在网上发表一些不当的言论,企图通过干扰司法活动、赢得官司。对此,中国政法大学教授王进喜指出,这些行为已经涉嫌违法。 王进喜介绍,《律师和律师事务所违法行为处罚办法》明确,“以对案件进行歪曲、不实、有误导性的宣传或者诋毁有关办案机关和工作人员以及对方当事人声誉等方式,影响依法办理案件的。”属于《律师法》规定的律师"违反规定会见法官、检察官、仲裁员以及其他有关工作人员,或者以其他不正当方式影响依法办理案件的“违法行为。
根据《律师法》规定,律师有“扰乱法庭、仲裁庭秩序、干扰诉讼、仲裁活动的正常进行的”“煽动、教唆当事人采取扰乱公共秩序、危害公共安全等非法手段解决争议的。”发表危害国家安全、恶意诽谤他人、严重扰乱法庭秩序的言论的”等行为,由司法行政部门给予停止执业、罚款、没收违法所得、吊销其律师执业证书等处罚;构成犯罪的,依法追究刑事责任。
“国家有法律法规,律师协会也有相关章程和规定。如果涉案律师违反了律师法和行业规定,我们会依据规定程序,进行认真的调查和处理。”北京律师协会副会长邱宝昌说,如果司法审判最终认定是犯罪,那么律协将会依照法律法规和章程,对相关律师事务所和律师追究相应的责任;如果法院判定是故意犯罪,其执 照将被吊销。
“法律面前人人平等,任何人触犯法律都应被依法追究,律师也不能例外。”何勇说,坚决依法查处违法犯罪,清除队伍里的害群之马,将为广大律师创造更好的执业环境,更好地保障律师的执业权利,保障律师行业风清气正。
律师队伍主流是好的,极少数违法律师不代表整个律师界
“我国现在有27万多名律师,极少数违法律师不代表整个律师界,也不代表律师队伍的主流”何勇表示,律师是社会主义法律工作者,是法治建设的重要参与者和推动者。长期以来, 广大律师以良好的思想政治素质、过硬的专业 技能和坚定的道德操守,在推进法治、服务经济社会发展等方面发挥了积极作用,律师事业也实现了长足发展。实践证明,我国律师队伍主流是好的,是一支党和人民可以信赖的队伍。
王进喜也指出,我国律师队伍的主流是好的,她在全面推进依法治国、维护当事人合法权益、维护法律正确实施、维护社会公平正义中发挥了重要作用。 据了解,多年来,我国律师行业中涌现出了一大批先进典型人物。如关切社会弱势群体、长期致力于未成年人和农民工权益保护的佟丽 华律师,积极发挥全国政协委员职责、为立法修法建言献策、推动法治进步的朱征夫律师,舍弃城市生活和高薪水工作、毅然选择扎根西部做法律援助志愿者的马兰律师等。
“充分发挥律师在法治建设中的重要作用,塑造和维护律师良好社会形象,才能得到更广泛人民群众的信任和支持,为法治中国建设凝聚更多正能量”北京市司法局律师业务指导和执业监管处副处长任宇平说。
任宇平表示,律师作为社会主义法治工作队伍的组成部分,应当拥护党的领导、拥护社会主义法治,依法规范执业,维护宪法和法律尊严,尊重司法权威,引导当事人通过正当渠道,依法合理表达诉求,努力促进社会和谐稳定。
律师要做尊法守法用法的楷模
多位人士指出,律师是助推法治进步的力量,在全面依法治国中承担着重要责任和使命, 要做全社会尊法、守法、用法的楷模。
“律师必须严格遵守法律,哪怕有轻微的违法,也会动摇人们对法治的信心和信任。”王进喜说,律师具有公共利益属性,不是“法律商人”。律师队伍的建设是整个法治队伍建设的重要部分,应当从这个高度来认识。
王进喜说,律师这个职业得以存在,律师执业行为得以进行,一个前提就是法律秩序的建立。“因此,律师应当有意识地、自觉地维护法律秩序,做法律秩序的维护者,而不是法律秩序的破坏者,这也是我们建立法律共同体的一个前提。如果破坏了法律的基本程序,也就破坏了法律秩序,那么律师也就没了立足之地。”
《中国司法》杂志社总编辑、研究员刘武俊指出,律师要回归法律服务的正道,而不是沉迷于网上炒作、庭外滋事等"旁门左道"甚至 “歪门邪道”律师应站在捍卫法治的立场而不是站在法治的对立面。律师必须具备应有的职业操守和法治精神,越是法律工作者越要尊崇专治敬畏法律,在法律的框架内活动越是重大敏感案件,越要彰显法律工作者应有的法律操守和职业道德。
“作为法律职业共同体的重要角色,律师的执业活动必须在法律的框架内和法治的轨道上进行。”刘武俊说,律师不仅自身不得违法违规执业,还应积极发挥表率作用,主动教育和引导当事人依法理性表达诉求、化解矛盾。
“严格依法加强律师工作的管理,是推进中国特色社会主义律师事业顺利发展的基本保障。”何勇表示,律师的发展就是法治的发展,“中国梦”的实现离不开中国律师。律师在法治建设中担负着重要的职责和任务。我们期待在 全面依法治国的时代背景下,律师行业和律师队伍建设实现更长足的进步,为法治中国建设作出更大贡献。


评论之六

律师不是“法律商人”
《人民日报》评论文章
中国政法大学教授 王进喜

我国现在有27万多名律师,极少数违法律师不代表整个律师界,也不代表律师队伍的主流。我国律师队伍主流是好的,广大律师为中国的法治建设辛勤地工作。
律师法规定,律师应当维护当事人的合法权益,维护法律正确实施,维护社会公平和正义。也就是说,律师具有公共利益性,不是“法律商人”。
作为律师,这个职业得以存在,他的执业行为能够进行,一个前提条件就是法律秩序的建立。因此,律师应当有意识地、自觉地维护法律秩序,做法律秩序的维护者,而不是法律秩序的破坏者。这也是建立法律共同体的一个前提。如果破坏了法律的基本程序,也就破坏了法律的秩序,那么律师也就没有了立足之地。
律师必须严格遵守法律,哪怕有轻微的违法,也会影响到人们对法治的信心和信任。同时,律师的言论不能够损害公平审判。在一些案件的代理中,有的律师喜欢在庭外过度宣传, 在国外有学者称之为“表演性辩护”。因为这涉及到案件当事人的利益,涉及到公众对案件的认知,涉及到是否会影响法院判决,在国外是受到严格规制的。
在我国出台的《律师和律师事务所违法行为处罚办法》中明确,以对案件进行歪曲、不实、有误导性的宣传或者诋毁有关办案机关和工作人员以及对方当事人声誉等方式,影响依法办理案件的,属于律师法规定的律师“违反规定会见法官、检察官、仲裁员以及其他有关工作人员,或者以其他不正当方式影响依法办理案件的”违法行为。根据律师法规定,律师有“扰乱法庭、仲裁庭秩序、干扰诉讼、仲裁活动的正常进行的”“煽动、教唆当事人采取扰乱公共秩序、危害公共安全等非法手段解决争议的”“发表危害国家安全、恶意诽谤他人、严重扰乱法庭秩序的言论的”等行为,由司法行政部给予停止执业、罚款、没收违法所得、吊销其律师执业证书等处罚构成犯罪的,依法追究刑事责任。


评论之七

律师应做尊法守法楷模
《人民日报》评论文章
《中国司法》杂志杜总编辑、研究员 刘武俊

在我国,作为社会主义法律工作者,律师是法治社会不可或缺的重要力量,是法治中国建设的重要参与者和推动者。而有的在某些敏感案事件中扮演了极不光彩的角色。他们通过策划炒作敏感案事件,扩大知名度,借机敛财,扬名获利,完全置律师职业操守和职业形象于不顾。他们在庭内闹庭、网上炒作,并幕后指使滋事骨干组织访民在庭外、网下声援滋事,内外呼应,相互借力,干扰司法机关依法办案,使一些案件真相被舆论蒙蔽,混淆视听。
律师要回归法律服务的正道,而不是沉迷于网上炒作、庭外滋事等“旁门左道”甚至“歪门邪道”;律师应站在捍卫法治的立场而不是站在法治的对立面;律师应当做尊法、守法、学法、用法的楷模,而不是沦落为兴风作浪破坏法治 的“推手”。律师必须具备应有的职业操守和法治精神,越是法律工作者越要尊崇法治敬畏法律,在法律的框架内活动;越是重大敏感案件越要彰显法律工作者应有的法律操守和职业道德。
作为法律职业共同体的重要角色,律师的执业活动必须在法律的框架内和法治的轨道上进行,必须始终恪守法治的原则,始终怀有对法治的敬畏之心,牢固树立法律红线不能触碰、法律底线不能逾越的观念。律师不仅自身不得违法违规执业,还应积极发挥尊法守法的表率作用,主动教育和引导当事人依法理性维权。任何维权行为都必须在法治的框架内依法进,任何律师都没有违法执业的特权。


评论之八

整治“死磕”律师为法治中国护航
葛修远
央广网 2015年7月21日

近日,公安部指挥多地公安机关,摧毁了一个以北京市锋锐律师事务所为平台,少数律师、网络推手、所谓的"访民"相互勾连、滋事扰序,涉嫌犯罪的利益团伙。
律师违法,知法犯法!虽然自己不是执法者,但是律师的职业特点使得其对各类法律有着比常人更加深入、清晰的了解。这种知识的掌握本应在工作中为当事人最大限度的争取合法权益。而如果利用自己所学的知识,甚至利用法律上可能存在的漏洞,公然进行违法行为,纵然你是律师,也同样要面临法律的制裁。
而恰恰是因为律师的身份,很多社会普通民众对其有着一定程度的迷信,认为他们懂法律,不会犯错误,律师说的错不了。这也就给了锋锐律师事务所之流误导大众的机会。
当然,律师不是不能死磕,在法律合并制度允许的范围内,就案件本身同审判机关进行据理力争的死磕,还是应当鼓励的。这既体现了律师专业性,也体现了律师维护当事人权益 的职业素养,更体现了法律的公平性。
但是,为了达到目的,不择手段胡搅蛮缠基至采取违法、违规手段进行“死磕”那就要为世人所唾弃了!
同时,在整治这些“死磕”律师的同时,司法机关也应注意自身办案水平的强化,只有将案件办的无可挑剔,才能获得大众的认可,强化民众对国家司法的信任和认可,推动依法治国的大船破浪前行。


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2015年5月17日,艾未未工作室采访屠夫谈“黑龙江访民徐纯合被警察枪杀案”。

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宝宝,为了你..
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2015-10-20
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艾未未工作室纪录片《你应该能听懂我说的话》(You Know What I Mean) 
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