What Does a Wrongful Death Lawyer Do?

On July 24, 2013, Wu Qingbao, deputy director of the Beijing Municipal Bureau of Justice, published a paper entitled "The Death Squad Lawyers Want to Maintain a Society Ruled by Law" in the Global Times. These groups of lawyers make them one of the policy-making staffs ", but at the same time reminded" Do not form private opinions and actions that oppose the government in a small area, and put yourself on the opposite side of the government. " In the article "Death Lawyers" published in the 18th issue of "Southwindow" on August 28 of the same year, it was believed that the emergence of death law lawyers has caused a lot of waves among lawyers and lakes, and has also generated a larger topic area. The controversy over whether the lawyers of the death squad "did out of the rule of law in China or corrupted the rule of law in China". ^[1]

Death Cap Attorney

From setting off ripples in the industry to leveraging the rule of law in China, the death penalty lawyers will be an important step in the history of rule of law in China, regardless of the reputation. ^[2]

Always considered to be the originator of the Deathmatch

Wang Xing, a younger lawyer among the death row lawyers, disagrees with the use of the term "death brother", "often because of a poorly defined concept, which leads to misunderstandings and contradictions." ^[2]

This fear has become a reality. According to Yang Xuelin's trichotomy, non-dead lawyers seem to be classified as a morally problematic group. This has aroused the dissatisfaction of many lawyers. ^[2]

Attorney Wang Lifeng wrote a "Secret of a Normal Lawyer Turning to a Death Squad Lawyer" with a satirical stroke, depicting a Death Road planning roadmap from the case acceptance, interview, trial to the process of closing the case. He accused death-law lawyers of being hyped, sensational, and reckless. ^[2]

Lawyer Huang Yunzhong directly pointed to the death squad lawyer as a spoiled sect. He criticized the death squad for not transmitting positive energy. "Put yourself on the opposite side of the system and entertain the society by performing arts. The desire for selfishness is higher than the heart of justice and it is lively. China's destruction of the normal legal system and the legal profession's path to non-return are very vulgar. " ^[2]

The critics of the death row lawyers have not only come from the industry. Frequent death cases have also attracted the attention of the Supreme People's Court. Protests in the court, tweeting, and being expelled from the court ... These deadly performances were summed up by the former vice president of the Supreme People's Court, Zhang Jun, as a lawyer in a judge training session, and asked the judge to strengthen the trial control ability. ^[2]

Perhaps the most dangerous controversy among death squad lawyers is internal. Chi Yansheng said that sometimes dead gangs also die. Although Chen Youxi and Si Weijiang, two lawyers who became famous in the "Li Zhuang case", did not recognize themselves as death squads, they were almost absent in a series of large death squad cases. ^[2]

The conflict first occurred between Chen Youxi and Yang Jinzhu. Two lawyers who had fought alongside each other suddenly broke off after the "North Sea Case", and each side wrote a number of articles accusing each other of "exposing". Since then, there has been another dispute between Chen Youxi and Si Weijiang, who have represented the "Li Zhuang case". Many lawyers are reluctant to talk about who is right and who is wrong. In fact, these arguments have evolved into Rashomon, and different "truths" will be constructed for different people. Some people think that it is mainly a struggle for ideas, while others interpret the debate as a struggle for merit. ^[2]

The death squad lawyers are also working to eliminate misunderstandings and disputes, and their first step is to correct the death squad. Yang Xuelin believes that "a lot of people have misunderstandings about the death squads. They seem to be fooling around and messing around. We are all copying from the Criminal Procedure Law. It is not bad at all, and requires the court to do so in accordance with the Criminal Procedure Law. If the court did, He can't hold up. " ^[2]

Attorney Wang Fu has joined the death squad team since the Beihai case. He believes that the key to misunderstanding is that the death squad is too simple. It is nothing more than application for avoidance, expulsion from the court, death squad procedure, etc. The technical contents of defense strategies are not seen by the public, so it is easy to form the impression that the death squad has no technology. ^[2]

Attorney Zhu Mingyong, who was called a "legendary figure" by Yang Xuelin, has many glorious histories of the "deadcap", but he is unwilling to call himself a deadcap lawyer because the concept "cannot understand what the true meaning is from a literal meaning." In his view, the death penalty is, in a sense, "resolutely fighting against the violations of the judiciary", and the biggest weapon of lawyers is the law. ^[2]

Although the dead lawyers are no longer lawyers in the system, they are also seeking ways to coexist with the system. In his New Year's message this year, Yang Jinzhu wrote: One of the New Year's dreams is "to make the ruling party more and more tolerant and respectful of death-law lawyers." Before the lawyers were sent to death, some human rights lawyers or human rights lawyers emerged, focusing on protecting human rights and promoting social progress through individual cases. In Zhu Mingyong's view, the difference between them and the death lawyers is that death lawyers are pursuing justice on a case-by-case basis, and human rights lawyers may harm the client out of ideals. ^[2]

Even Yang Jinzhu, the most high-profile of the death squad lawyers, is quite pragmatic in Yang Xuelin's opinion. For example, in a recent case, Yang Jinzhu said, "the early stage was severe death, the internet was exposed, the later court hearings were harmonious, and the internet was silenced. Why? Because the client informed that the company had made concessions and asked for face recognition. The lawyer changed the strategy in time to maximize the protection of the client interest". The death lawyers remain essentially professional lawyers seeking performance. ^[2]

On July 24, 2013, Wu Qingbao, deputy director of the Beijing Municipal Bureau of Justice, published a paper entitled "The Death Squad Lawyers Must Maintain the Rule of Law Society" in the Global Times, affirming the role of the Death Squad Lawyers, and stated that "the government should take the initiative to unite These groups of lawyers make them one of the policy-making staffs ", but at the same time reminded" Do not form private opinions and actions that oppose the government in a small area, and put yourself on the opposite side of the government. " ^[2-3]

Many death-law lawyers have mentioned that the recognition and appreciation from officials in private places has changed, or that officials have changed their previous prejudice against lawyers. Yang Xuelin obviously felt the difference after acting in the "Li Zhuang case". In the past, when he was acting on some more sensitive cases, the relevant departments would talk to him. Since then, it seems that he has trusted him, and there is no such conversation. ^[2]

From setting off ripples in the industry to leveraging the rule of law in China, the death penalty lawyers will be an important step in the history of rule of law in China, regardless of the reputation. Professor Chen Xingliang, a famous criminal jurist, thinks that death lawyers are "not like lawyers", but "the lawyers are not like lawyers because the judges are not like judges." He believes that "undeniable death lawyers promote the rule of law in a self-sacrifice way. progress". ^[2]

On April 9, 2014, Qiushi Theory reprinted the article "Interpretation of the" Dead Sect "Lawyer" by Sina blogger Qian Junke. The article believes that legal persons are very holy titles. 250,000 lawyers nationwide, most of them He has worked hard and made positive contributions to China's legal system and fairness and justice. However, under the misdeeds of a few so-called "Dead Sects", the term legal person has been mixed. They use the Internet as a platform, promote the "constitutional" trend of thought, speculate on negative public opinion, and intervene in hot cases as their common goals. They use teachers, students, friends, colleagues, and other connections as links to manipulate public opinion, sign signatures, instigate onlookers, and gather pressure. As a means, it formed a "alliance" with loose forms, close ties, and clans of action. This "alliance" does not abide by legal ethics and fairness and justice. It only has the ambition to monopolize justice and overrule politics. It has made small things big and big things bombed, and litigation, arbitration, and hegemony have become more and more intensive. After the fight for rogue, with the hat of "political persecution", it is like a triad in the legal world, which severely hinders the process of rule of law in China.

On May 8, 2014, the Global Times published a review article by Shan Renping, "The Death Squad Lawyer Cannot Be Self-Overrated Politically", commenting that the Death Squad Lawyer is generally engaged in activities aimed at "citizens' rights protection." Taken as a whole, they have contributed to the promotion of a more just society and the development of citizens' ability to safeguard their legitimate rights and interests. Through the Tang Hui case and Ren Jianyu case, the society's rule of law thinking has gained a new perspective. At the same time, the behavior of "dead-headed" lawyers has broken the norms of the lawyer industry from time to time. Some of them often show fierce political tendencies. Their rights protection activities are not focused on legal means, but tend to be "socialized", such as mobilizing online public opinion, supporting and even participating in illegal on-site activities. Lawyers are usually legalists who act strictly within the existing legal system and use this system as the sole model for conducting business. But some "deadhead" lawyers have a mission to question and amend the existing legal system. They are more like "social activists" and "political activists." This makes the role of the "deadhead" lawyers inexplicable. Some of them are intertwined with the positive effects of social progress and their political destructive power. On the one hand, they promote judicial procedural justice, and on the other hand, they do nothing to achieve specific demands. On the one hand, they awakened some people's awareness of rights protection, and on the other hand they merged with populist forces, leading to excessive interference in public opinion in the administration of justice. Judging from the situation in recent years, there is a lot of space for human rights lawyers to express their values. Although some people have publicly demonstrated their opposition to the existing power system, as long as they act in a legal manner, their existence is actually accepted. Some of the "dead-headed" lawyers self-hyped for fame and fortune, and the overall environment did not interfere. ^[4]

... In this society, everyone should be in awe of the law. Some officials lost such awe, and as a result, there were constant prisoners. Some "deadhead" lawyers have also lost their awe of the law from another direction, thinking that their values are the law, and acting in accordance with their requirements is the construction of the rule of law, otherwise they are "maintaining autocracy" and "anti-people". They are a bit naive in politics and a bit arrogant in their personalities, which makes their views on the trend of the times go awry. "Deadhead" lawyers have become a more active group of "dissidents", which has stimulated social reflection to a certain extent, but they have lost their ability to reflect. This is dangerous. They must acknowledge their limitations. They must not do so. They are the breakthrough and decisive force in China's democracy and rule of law construction. Such self-political overestimation will lead to many errors in behavior. ^[4]

Faithful lawyers face many helplessness, and helplessness is inevitable! However, if the lawyer group wishes to gain broad social recognition, it must take a path different from the traditional onerelying on the rigorous logic to win the applause of the times and stand the test of history; using the lawyer's experience to activate the life of the law, and Can't make troubles unreasonably. ^[5]