Xinhua Insight: Punishing law-breaking lawyers demonstrates rule of law resolve
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E-mail Xinhua, July 19, 2015
Chinese law experts praised the Ministry of Public Security's recent move to place nine lawyers under "coercive measures" for alleged crimes as a sign of its determination to advance the rule of law.
The lawyers were suspected of disrupting public order and seeking profits by illegally hiring protesters and swaying court decisions in the name of "defending justice and public interest," according to a statement released Saturday by the ministry.
According to the Criminal Procedure Law, "coercive measures" may include summons by force, bail, residential surveillance, detention and arrest.
BEING A LAWYER NO PROTECTION
"Lawyers are supposed to safeguard the law," said Wang Jinxi, a law professor with China University of Political Science and Law. "Being a lawyer does not mean they can break the law, and no country allows people to carry out criminal activities just because they are lawyers," Wang said.
Wang said some Western politicians and media outlets that described the police actions as "cracking down on rights defenders" were ignoring the facts.
The ministry's statement said a group including the nine suspects had organized more than 40 controversial incidents since July 2012, with Beijing Fengrui Law Firm as a platform.
The group also assembled crowds to assault judicial organs and create traffic jams, it said.
The group regularly made a scene, causing them to be forced out of court in order to paint themselves as victims, induce sympathy and hype up cases, according to the ministry statement.
Camera recordings for a court hearing in the northeastern city of Shenyang in April showed several defense lawyers affiliated with the firm shouting and screaming shortly after the trial opened, despite judges' calls for order.
They hurled insults at judges and later targeted police trying to interfere, with the firm's lawyer Wang Yu pointing fingers and calling them "hooligans." The trial was forced to a halt.
He Yong, a senior official with the Ministry of Justice, said lawyers were practitioners of the law and key to fairness and justice in the judicial process.
"If a handful of lawyers take the lead in illegal activities and disrupt judicial activities and public order, they will definitely be punished according to the law," said He.
Wang said those who tried to absolve law-breakers from their guilt and made irresponsible remarks about China's judiciary and law enforcement were blurring the distinction between right and wrong and confusing the public in the name of rights and charity.
THE GOOD OUTNUMBER THE BAD
Chen Weidong, a law professor with Renmin University of China, said most lawyers are professional, and they have played an important role in defending people's lawful rights, safeguarding the implementation of the law and upholding fairness and justice.
Statistics showed there were about 270,000 lawyers in China, and the number of law firms in the nation numbered 22,000.
Though a few law-breaking lawyers exist, there have been more and more model professionals making their name and devoting themselves to the right cause.
They include Tong Lihua, who has been dedicated to protecting the rights of minors and migrant workers, and Ma Lan, who gave up a good job to provide volunteer legal assistance in western China's less developed regions.
"As the nation advances the rule of law, the role of lawyers will be more and more important," Chen said, adding that lawyers should constantly improve themselves to better fulfill their obligations.
EFFORTS TO PROTECT LAWYERS' RIGHTS
Noting the increasingly important role of lawyers, the judiciary has stepped up efforts to guarantee lawful practice of the profession.
In December, China's Supreme People's Procuratorate released a regulation to guarantee lawyers' right to meet suspects during the investigation stage, as long as factors that could hamper the investigation are cleared.
The regulation upholds that procuratorial representatives must not attend meetings between lawyers and suspects nor monitor the meetings in any way.
The regulation also says procuratorates must ensure lawyers have access to case files and provide support equipment, such as copying and recording devices.
The circuit court of China's Supreme People's Court (SPC) in Shenzhen has set up a meeting room for lawyers and judges to communicate, and the process will be recorded and videotaped.
Zhou Qiang, President of the SPC, said in March that more measures will be rolled out this year to protect lawyers' rights and help them in order to improve justice. Endi
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