
搜索专业人员
推荐专业人员:
2023-08-04
{"zh":"律师感悟","en":"Lawyer's insights"}
律师的职业,承载着民族和国家太多的期望和梦想,托着法律的天平,披着圣洁的外衣,依法维护当事人的合法权益,维护法律的正确实施,维护社会的公平正义。
“律师兴,则法治兴;法治兴,则国家兴。”江平教授的话一语中的。诚然,一个国家法治水平的高低,跟律师业、律师制度的发展水平息息相关,没有律师,就没有法治。
律师兴、法治兴,这是一种浪漫主义情怀;法治兴、国家兴,这是一种价值理念的追求。律师兴、法治兴,是包括我们每一位执业律师在内的所有法律人最殷切的期待;法治兴,国家兴,是56个民族共同的梦想,法治、宪政的中国梦必将得以实现。
狄更斯在《双城记》中有一段话这样写道:“那是最美好的时代,那是最糟糕的时代;那是智慧的年头,那是愚昧的年头;那是信仰的时期,那是怀疑的时期;那是光明的季节,那是黑暗的季节;那是希望的春天,那是失望的冬天;我们全都在直奔天堂,我们全都在直奔相反的方向……”
其实,这样的年代、时期和季节,跟律师职业是何等的相似,律师不正是一份“这样的事业”吗?
那是最美好的时代,“努力让民众在每一个司法案件中都能感受到公平正义。”习近平的讲话掷地有声,让民众看到了法治的曙光、前行的灯塔;那是最糟糕的年代,律师办案尤其是刑事案件有时四面楚歌、不敢真辩、在夹缝中求生存,亦步亦趋、如履薄冰;那是智慧的年头,百姓权利和法律意识提高,觉醒的民众有赖于律师的帮助,律师职业,大有可为;那是愚昧的年头,公权力部门依然无耻,缺乏服务意识,普遍限制律师调查权利,为律师办案设置障碍甚至打压律师;那是信仰的时期,法治的信仰逐渐成为社会的主旋律,有事找律师、没事问律师、出事请律师,这些都已开始成为人们普遍共识;那是怀疑的时期,人们已不再墨守成规,即便评价律师,也是傲慢与偏见掺杂;那是最光明的季节,因为我们总是在追求民主、权利,总是在追求自由、博爱和平等;那是最黑暗的季节,因为我们有时不得不面对着人性的卑劣,律师尽职尽责办案,当事人却半信半疑、将信将疑;那是希望的春天,因为民众总是把律师与知识渊博、睿智与财富相联系,西装革履、风度翩翩;那是失望的冬天,因为律师总会被人们理解为收人钱财替坏人说话,是非不分、黑白颠倒;我们全都在直奔天堂,我们全都在直奔相反的方向,因为律师是一份光荣、神圣而又充满激情和梦想的事业,也是一门充满着风险与挑战并存的职业,同时又是最高尚的事业,因为维护着基本的人权。
那么,律师究竟是什么?律师究竟为什么?律师究竟怎么办?
“律师要具有哲人的智慧,诗人的激情,法学家的素养,政治家的立场,四者统一于科学的使命和职业良心与社会正义之中。即使只能做一个花瓶,我也要在里面插一枝含露带刺的玫瑰。”张思之律师如是说。
“律师既不是天使也不是魔鬼,律师既不代表正义也不代表邪恶,而是通过参与司法活动的整体过程去实现并体现正义。”田文昌律师如是说。
“做律师要有能屈能伸的品格、能进能退的思维、能文能武的智慧、能内能外的协调、能长能短的表达、能快能慢的叙述。”也就是说,要敢于思考、善于沟通、勤于学习、精于研究、勇于创新、长于协调。周显根律师如是说。
是的,诸位律界前辈大腕对于律师的阐述都很精辟,寥寥数语,即将律师职业的定位诠释的丰满而又入木三分,着实让人钦佩、引人深思、发人深省。
笔者以为,知易行难,对于律师来说,总要明辨是非,仗义执言;总要崇尚法治,捍卫社会公平正义;总要为法治呐喊,为权利奔走,让证据阐释、让正义散发永恒的光芒。
在迈向法治的进程中,律师应该是一个冷静的观察者,认真的倾听者,深刻的思考者,激昂的呐喊者,从某种意义上来看,这也正是律师作为公众知识分子对民族与历史应当担负起的神圣使命和责任。
The profession of a lawyer carries too many expectations and dreams of the nation and the country, holds the balance of the law, wears a holy coat, and upholds the legitimate rights and interests of parties in accordance with the law, the correct implementation of the law, and the fairness and justice of society.
If a lawyer prospers, the rule of law prospers; if the rule of law prospers, the country prospers. "Professor Jiang Ping's words hit home. Indeed, the level of rule of law in a country is closely related to the development level of the lawyer industry and legal system. Without lawyers, there would be no rule of law.
Lawyers thrive and the rule of law thrive, which is a romantic sentiment; The pursuit of the rule of law and the prosperity of the country is a value concept. The flourishing of lawyers and the rule of law is the most fervent expectation of all legal professionals, including every practicing lawyer; The prosperity of the rule of law and the country is a common dream of 56 ethnic groups, and the Chinese dream of rule of law and constitutionalism will surely be realized.
Dickens wrote a passage in "The Tale of Two Cities": "That was the most beautiful era, that was the worst era; that was the age of wisdom, that was the age of ignorance; that was the age of faith, that was the age of doubt; that was the season of light, that was the season of darkness; that was the spring of hope, that was the winter of disappointment; we were all heading straight to heaven, we were all heading in the opposite direction
In fact, in such times, periods, and seasons, how similar is the profession of lawyers? Isn't a lawyer exactly a "career like this"?
That was the worst era, when lawyers, especially in criminal cases, were sometimes surrounded by obstacles, afraid to argue, struggling to survive in the cracks, and following suit like walking on thin ice; That was a year of wisdom, with the improvement of people's rights and legal awareness. The awakened people relied on the help of lawyers, and the lawyer profession had great potential; That was a foolish year, and the public authorities were still shameless, lacking service awareness, generally limiting lawyers' investigative rights, setting obstacles for lawyers to handle cases, and even suppressing lawyers; That was a period of faith, and the belief in the rule of law gradually became the main theme of society. Finding a lawyer when there was something, asking a lawyer when there was nothing, and hiring a lawyer when there was something wrong, all of which had become a common consensus among people; That was a period of skepticism, where people no longer adhered to conventional norms, and even when evaluating lawyers, it was a mixture of arrogance and prejudice; That is the brightest season, because we are always pursuing democracy, rights, freedom, love, and equality; That was the darkest season, because sometimes we had to face the despicability of human nature. Lawyers were diligent in handling cases, but the parties were skeptical and skeptical; That was the spring of hope, because the people always associate lawyers with profound knowledge, wisdom, and wealth, dressed in suits and elegant attire; That was the winter of disappointment, because lawyers were always understood by people as accepting money to speak for bad people, regardless of right or wrong, black and white reversed; We are all heading straight to heaven, we are all heading in the opposite direction, because lawyers are a glorious, sacred, passionate, and dreamy profession, filled with risks and challenges, and at the same time, the noblest profession because they uphold fundamental human rights.
So, what exactly is a lawyer? Why on earth are lawyers? What exactly should lawyers do?
"A lawyer should have the wisdom of a philosopher, the passion of a poet, the quality of a jurist, and the position of a politician, all of which should be integrated into the mission of science, professional conscience, and social justice. Even if I can only make a vase, I will put a rose with thorns in it," said lawyer Zhang Sizhi.
Lawyers are neither angels nor demons. Lawyers do not represent justice or evil, but rather achieve and embody justice through participation in the overall process of judicial activities, "said lawyer Tian Wenchang.
To be a lawyer, one must have a character of flexibility, a thinking ability to advance and retreat, a wisdom of being able to write and defend oneself, a coordination ability between internal and external factors, a ability to express oneself in both short and long terms, and a ability to narrate quickly and slowly. This means that one must have the courage to think, be good at communication, be diligent in learning, be proficient in research, be brave in innovation, and be good at coordination. Lawyer Zhou Xiangen said so.
Yes, all the senior figures in the legal profession have provided insightful explanations on lawyers, with only a few words. They have fully and deeply interpreted the positioning of the legal profession, which is truly admirable, thought-provoking, and thought-provoking.
The author believes that knowing is easy, but doing is difficult. For lawyers, they should always distinguish right from wrong and speak out with righteousness; Always uphold the rule of law and safeguard social fairness and justice; We must always shout for the rule of law, run for rights, let evidence explain, and let justice shine with eternal light.
In the process of moving towards the rule of law, lawyers should be a calm observer, a serious listener, a profound thinker, and a passionate advocate. In a sense, this is precisely the sacred mission and responsibility that lawyers, as public intellectuals, should shoulder towards the nation and history.
扫描二维码添加企业微信