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2023-08-04

Who will protect justice

Judicial justice is the last line of defense for social justice. However, in recent times, criminal cases such as the rape of Zhang's uncle and nephew in Zhejiang, the murder of the Mei brothers in Shanghai, and the murder of Li Huailiang in Henan have successively entered the public eye, bringing a disastrous impact on judicial credibility once again. These cases, like the previous Du Peiwu case in Yunnan, She Xianglin case in Hubei, Zhao Zuohai case in Henan, and Nie Shubin in Hebei, challenge the bottom line of law and justice again and again, and test people's tolerance for social justice again and again. Trial is the last stage of litigation and the last line of defense for achieving social justice. As a sudden point of contradiction at present - criminal trial, it can be said to be life or death, which is related to the reputation, property, freedom, and even life of citizens, as well as national security and social stability. Therefore, adhering to the rule of law and fair trial to prevent the occurrence of unjust, false, and erroneous cases is the bottom line that we must adhere to.

So who will protect justice? Is it the public prosecution and legal system that causes unjust, false, and erroneous cases? Is it the most powerful department in China? Or is it a media reporter who often gives us shocking news? No, I believe that the guardians of justice are a large number of lawyers who believe in the law and respect the facts. Lawyers are high-quality talents with legal professional knowledge. Only by playing a good role in various aspects of society can we truly safeguard the bottom line of fairness.

I think many people will definitely ask why it cannot be the government or the judiciary to protect fairness? In China, although there are a large number of personnel in the government and judicial organs who protect fairness, traditional deep-rooted ideologies have caused many people to be swayed by interests. Some people apply for civil service only to seek personal gain through power, while others once harbored the ambition to serve the motherland but were later corrupted by interests and unable to adhere to fair conduct. Therefore, in order to promote social work from within the government and judicial organs, there will inevitably be many intangible obstacles, and the effect will be minimal.

So, why a lawyer? What can lawyers do? I think we can discuss it from the following two aspects.

On the one hand, lawyers can provide professional legal services, and according to legal authorization, lawyers can achieve the following four points.

1. Prevention of needle effects. To prevent the occurrence of disputes. It is very common for lawyers to do their best to avoid contract loopholes and ambiguity when drafting and reviewing various types of contract texts, in order to prevent disputes between both parties and lead to litigation. Litigation is a time-consuming and labor-intensive matter, and lawyers use their professional skills to build a firewall in advance and minimize transaction costs.

2. The effect of a blending agent. Reconciling disputes that have already arisen. For example, the previous preventive measures did not effectively prevent the occurrence of the disease. Before being sent to the hospital (i.e. the court), we will first try to self rescue, and the lawyer is the person who self rescues. Lawyers coordinate the interests of all parties through mediation, show courtesy and appeal to emotions, and eliminate conflicts outside of litigation.

3. The role of restoring balance. A judge is a balance, while a lawyer is the weight that determines which side of the balance leans. When the interests are imbalanced and cannot be resolved through self rescue, the parties often take the path of litigation. In litigation, lawyers cleverly and scientifically combine facts and laws by possessing information, analyzing the case, investigating and collecting evidence, and planning litigation, fully utilizing logic, legal principles, and eloquence to present legal facts before the judge. The lawyers on both sides argued and continuously added or subtracted weights to the balance, ultimately balancing the imbalanced balance again, thereby embodying and promoting fairness and justice.

4. The role of safeguarding the legitimate rights of suspect. There is a simple and clear evaluation of lawyers in society: in civil cases, lawyers are "stingy" people; In criminal cases, lawyers are people who speak for criminals from the perspective of "bad guys". Every citizen with a belief in the rule of law can experience the helplessness of lawyers from it. However, for criminal defense lawyers, they face not only the pain of being misunderstood, but also the difficulty of safeguarding the rights and interests of "bad people". But no lawyer will retreat and abandon their sacred duty of criminal defense because lawyers, as guardians of fairness and justice, are an indispensable stage and a position that is always worth defending.

On the other hand, lawyers are the main force in compensating for institutional deficiencies and conducting effective supervision.

In the current Chinese society, there are still a lot of official corruption, abuse of power for personal gain, inequality between the status of lawyers and prosecutors, lawyers can not better safeguard the rights of suspect, and Forced confession by torture by judicial authorities in order to one-sided pursue the rate of solving cases... These are ultimately the defects of the system and the lack of implementation. Lawyers have a keen legal intuition and are more likely to discover social injustices than ordinary people. If the role of lawyers can be fully played, the government and judicial organs can attach importance to their opinions, and lawyers will become a tool to maintain fairness.

Speaking of this, some people inevitably ask that lawyers are nothing in this society, and there is no legal or institutional guarantee for lawyers' rights. How can the government and judicial organs value lawyers' opinions. I think, as the elites of society, with the development of society, the majority of voters will be more inclined to choose lawyers to represent themselves in political life. More and more lawyers will be integrated into the work of the National People's Congress, and the large number of people is the ultimate weapon for lawyers to maintain social justice. The National People's Congress is the organ of power in China, and its representatives can play a significant role in the design of the system and the questioning of unfair phenomena through proposals and other means. If lawyers can design the system and supervise the implementation effect of social injustice at the level of the National People's Congress, then the effect will definitely be immediate.

Guarding justice is not a slogan for lawyers, but a powerful manifestation of professional ethics and the spirit of the rule of law. It is also an urgent requirement for current efforts to "avoid and resolve social conflicts, maintain and adjust imbalanced rights and interests," and build a socialist harmonious society. The breadth and professionalism of lawyers' scope of involvement determine their space for fulfilling social responsibilities. Lawyers can not only play their due role in legal services, but also rely on the platform of the National People's Congress to provide suggestions and suggestions for the design and supervision of the system. Although lawyers are often at the center of contradictions and the pinnacle of confrontation on the path of safeguarding justice, we firmly believe that as long as we uphold the belief of fairness and justice and continue to strive to uphold this belief, conflicts and confrontations will be transformed into harmony in our own field due to the social value of lawyers. Fairness and justice will demonstrate strong vitality due to the protection of the lawyer community, adding infinite assistance to the formation and growth of a harmonious society. As we and our descendants enjoy the infinite nourishment brought by this living entity, we will also be amazed in pride to find that our guardianship is so sacred and glorious.


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