Lawyers in the Group's active role in event processing (2)

 Lawyers in the Group's active role in event processing (2)
- in the eighth speech on China's Lawyers Forum (continued)
III. Lawyers involved in the risk of group incidents
face groups sharp increase in incidents the situation, people began to lawyers in the Group recognized the positive role of event processing. However, many lawyers are reluctant to intervene herein. One of the reasons for mass cases is not high but high risk charges. For this, we should be objective face, to study actively, seek countermeasures.
lawyers involved in the risk groups, the source of the event can be divided into two major categories of micro and macro.
(a) of the lawyers involved in group events macroeconomic sources of risk
the history of the Chinese Communist Party on policy issues and class counsel property problem has always been a very important issue. correctly understand and identify the class of lawyers and social status is a recognized property lawyers in the group events active role in dealing with the most important prerequisite. For us to achieve the Under the system of exploitation, intellectuals is not a complete class, but belong to various classes of intellectual property of the class, whether the means of production must come from the division. Chinese Communist Party in the socialist revolution and construction process, Intellectuals identification through a tortuous process, is to constantly improve, and gradually moving in the right, eventually the intellectuals as part of the working class, expanding and consolidating the Party's class foundation, the development of Marxist theory on intellectuals. < br> 1. lawyers before the founding of the revolutionary united front as a part of.
stage of democratic revolution, the Chinese Communist Party's united front to defeat the Nationalist government to rely on U.S. support for the magic one. At that time in China, lawyers small number, but still emerged Shi Yang, Shi Liang, represented by counsel revolutionaries.
2.1949 to 1956 class property lawyers identified
double from 1949 to 1956, the Chinese Communist Party and the vast majority of lawyers Intellectuals identification of double standard, that finds that the majority of lawyers and intellectuals of the bourgeoisie. This duality of knowledge, sometimes intertwined, sometimes one side is dominant, but on the whole law is in the affirmative. After the founding of New China, China began to establish ;. Administration Council decided to add that: as part of the working class. institutions and enterprises in the staff of the employers may not be called an agent. , artist, etc., as freelancers. This freelance workers are sometimes hired assistants or assistant housework, which is not income within the scope of the exploiters. These people, if not an independent state or private business while employed in the service organization , is called the staff identified two trends emerged: one party of intellectuals, including lawyers, the class attribute to the right to judge, made a part of the working class intellectuals, is to rely on the basic strength of socialist construction. On the other hand the the party a transformation of the object as the mistakes and dictatorship, in 1957 anti-rightist struggle, many lawyers to become .
4. lawyers reconstruction
1978 �� 3 �� 18 meeting of the National Science Congress, Comrade Deng Xiaoping pointed out: Intellectuals Ministry of Justice issued a notice on the resumption of the lawyer system. In this notification, the court has begun to come forward over the formation lawyer and the work of the Bureau of Justice Bar Association. so to notify the Methodology for going down, the country has 212 lawyers. < br> 1980 �� 8 26, the Fifth Standing Committee of the that our country needs a lawyer in Shenzhen in China with .1983 the first law firm organizational structure, legal advisory office before the call. From that time called the law firm national unity.
Beidaihe meeting of the Central Committee meeting in 1985 discussion and decision, July 7, 1986 All China Lawyers Association. lawyers reconstruction of 30 years, the rapidly expanding ranks of lawyers, employees grow from 212 in 1979 to 15 million people, including: more than 11 million full-time lawyers . According to incomplete statistics, nearly 20 years, from the Law College (Department) graduated about 30% of legal professionals into the legal profession. law firms from 79 developed in 1979 to more than 1 million. lawyers personnel structure more professional, young, college degree or above who account for 70% of the total number of lawyers for more than one master's and doctoral graduate degrees accounted for 10% or more. These data show that the spirit of a rich professional and dynamic lawyers team is a new style of show on stage in Chinese society.
However, since the founding of the prejudices of lawyers has not disappeared. While we recognized that building a socialist country ruled by law lawyers in the positive role, but on the other hand the The reality is. People's social attributes of Chinese lawyers serious misconceptions, the most typical error is the object of lawyers as the United Front.
complacency that some of our leaders, the number of Chinese lawyers how many NPC deputies and CPPCC members, or selected from the lawyers as the number of people to the leadership of the judiciary. However, a cool operator, who served as deputies and CPPCC members, the leadership of the judiciary largely non-party members a lawyer, having been the object as a re-united front. I think does not make sense is that since lawyers are part of the working class, while the working class is the leading class, how to become a united front objects? reuse is behind the mistrust, the problem is not only a problem of the legal profession, but also the whole country is a major policy issues, will undoubtedly affect the lawyers handling mass incidents in the role of the lawyer's practice safety.
(b) of the lawyers involved in the risk of group incidents
microscopic origin of mass incidents as people are As the sensitivity of the issue to look at the negative, plus the above mentioned people's social attributes of Chinese lawyers have serious misconceptions, at the micro, lawyers involved in each event group is likely to be a Group Events micro sources of risk. mass events is to express certain aspirations. in which the leader is often a result of (representative) and to the quality of the entire event. lawyers involved in the case of group agents are mainly economic aspirations. the end result of such cases, lawyers can not grasp. In practice, counsel to protect all legitimate rights and interests of the parties together, and often some of the leader (representative) is to use groups to achieve a personal objective This lawyer had a conflict of duties. we go through dozens of each group of cases, there will always be one or two from the leader (representative) by the individual groups to achieve the purpose, so that defenders work thrown into passivity, or even personal representative does not meet the purpose of attorney in turn struggle. of course, the individual local government officials for certain purposes, inducements, and in turn encouraged the parties entangled attorney.
order to prevent these from happening, you need agents always beware of lawyers, so distracted, can not try to play its role in resolving the negative impact of mass incidents in the role, but also the protection of the legitimate rights of the parties.
2. the danger of politicization of property rights.
these years, because of intensified conflicts caused by land acquisition and resettlement, especially the rational approach. The consequences not only for the maintenance of the rights of the adverse party, but also very risky for lawyers. But somehow, someone in the law to push such a pit of fire have been caught in more than a lawyer, and most a lawyer of the victims or demolition.
in my experience, relocation disputes in the past, corrupt officials, collusion is always a small number of people. The same is true for future collection activities. So as far as possible and the parties that interest, within the scope permitted by law be imposed to try to resolve the difficulties to be imposed to respect the reasonable demands, and strive to coordinate and resolve conflicts is a win-win. these years for the demolition of our success rate of cases has remained at more than 50% a very important reason is that through the coordination of efforts to resolve, even in court against the demolition contractors, out of the court, to coordinate the views of a sincere, had admitted. Shuguan Si lawyer to fight the reasons well known, there is the embarrassing thing, but the interests of the people is a major event, represented by the demolition of consultation and communication with the government, and thus create misunderstanding of lawyer and client. There are people who would appeal to the political economy argument, which will be lawyers at risk. In this regard, as a lawyer should be clear, is to care about politics, but politics has his own rules, the two can not be any confusion.
IV. lawyers a new way to play an active role in community events
lawyers play an active role in the handling of the new approach is refers to the addition to the traditional agency business, but also by some new ways to play an active role. mainly:
(a) the maintenance of stability reception
recent years, some local lawyers assigned to maintenance of stability will be the first line work, some paid, some free of charge. I think this should be the government foot the bill for paid activities, occasional free line, repeatedly, that it is unfair for lawyers. Bar One should use this opportunity to make a good decision-makers The proposal to resolve conflicts and reduce the probability of administrative law. The second is to guide the parties to do the work, reducing the probability of intensification of conflicts.
(b) intermediation
Group Events counsel made the reasonable demands of the parties can intermediation and resolve contradictions.
(c) of the arbitration and award
of mass incidents caused by the dispute as an arbitrator or arbitration lawyer members, to give full play to their professional advantage, so that a just settlement of disputes as soon as possible, thereby reducing the probability of intensification of contradictions.
(d) very term review
countries are members of 8 provinces and cities to promote the pilot work of the administrative review system, which is to hire experts as one of the administrative review committee of non-permanent members. This will be the lawyers to resolve social conflicts, and another way to play an active role.