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2023-08-04

{"zh":"实习感悟","en":"Internship insights"}

{"zh":"

哈利法克斯曾说过“如果法律能为自己说话,它们首先埋怨的就是律师。”对此,笔者认为:律师作为国家进步的先锋,总是热情地捍卫人类的自由和法律的统治;在促进社会进步和维护法律秩序方面,有着良好的传统和远大的前程;能够在正确地执行正义与维护法律准则方面发挥他们应有的作用。所以,律师这个职业是一个法治国家进步和发展必不可少的。

有人说“律师总是准备将当事人拖入麻烦之中,而不是将其从中救出。”而笔者的观点却恰好相反,笔者认为,每一个律师都是一个调和人,他们不仅能为当事人提供法律服务,在绝大多数案件中,律师对双方当事人之间的交流协调起着不可磨灭的作用。“法律不能使人人平等,但是在法律面前人人是平等的。”人与人是不相同的,人们不能将法律面前人人平等理解成平等就是一视同仁、人人相等。人的本性是追求自由和平等的,在这个法律尚不能使人人都平等的社会,律师对公平、权利、司法的的引导和维护就更为关键。

法律的生命从来不是逻辑,而是经验。法律因某种理由而存在,理由有发生变化,法律也会发生相应的变化。这种理由本身就是客观存在的,并不是靠逻辑推理出来的,逻辑具有一定的局限性,只有在具体的实践过后,才能得出真理。律师就是在司法实践中扮演着不断的实践中得出真理,并将真理循环的运用到实践中去的角色。律师作用在于,跟普通民众相比,律师法律视角和思考问题的方式不同,就像吉尔伯特爵士所说的:你是一个诚实的人还是一个小偷,取决于辩护律师已交与我的答辩状。所以,在司法实践中,离开了具体的法治,离开了维护和拥戴法治的人,那种宏大而高扬的法治只不过是引起空气振动的口号而已。

要成为一名真正优秀和成功的律师并不容易,他必须掌握法律知识,  并且是人类行为方面的专家,他必须是口才流利的演说家,机制的策略家、优秀的指挥官,一个多才多艺的人,他必须对人类生活的各方面具有广泛知识;他必须对人和人的行为方式有一种内在的涵养。

同样,作为一个实习律师,虽然现在我们不能达到专业律师的素养,但是我们也不能做被牵线的木偶,我们得有自己的思想和独立分析理解问题的能力和魄力。在我今后的律师职业生涯中,并不求达到令每一个当事人满意,但至少要尽力做到无愧我心,无愧我心中对法律的信仰。正如我们常听说过一句话,你所说的话不一定正确,但我誓死捍卫你说话的权利。正义不仅要实现,而且要以人们看得见的方式实现。


","en":"

Halifax once said, "If the law can speak for itself, the first thing they blame is the lawyer." In this regard, the author believes that lawyers, as pioneers of national progress, always passionately defend human freedom and the rule of the law; Having a good tradition and a great future in promoting social progress and maintaining legal order; They can play their rightful role in correctly enforcing justice and upholding legal norms. Therefore, the profession of lawyer is indispensable for the progress and development of a country ruled by law.

Some people say that "lawyers are always prepared to drag their clients into trouble, rather than rescue them from it." However, in my opinion, the opposite is true. I believe that every lawyer is a mediator, and they can not only provide legal services to the clients, but also play an indelible role in the communication and coordination between the two parties in the vast majority of cases. The law cannot make everyone equal, but everyone is equal before the law. "People are different, and people cannot understand that equality before the law means equal treatment and equality for all. Human nature pursues freedom and equality, and in a society where the law cannot yet make everyone equal, the guidance and maintenance of fairness, rights, and justice by lawyers are even more crucial.

The life of law has never been logic, but experience. Law exists for a certain reason, and if the reason changes, the law will also undergo corresponding changes. This reason itself exists objectively and is not based on logical reasoning. Logic has certain limitations, and truth can only be obtained after specific practice. Lawyers play a role in judicial practice in constantly obtaining truth from practice and applying it in a cyclic manner. The role of a lawyer is that compared to the general public, lawyers have a different legal perspective and way of thinking. As Sir Gilbert said, whether you are an honest person or a thief depends on the defense lawyer's defense statement that has been submitted to me. So, in judicial practice, without the specific rule of law and those who uphold and support it, the grand and lofty rule of law is just a slogan that causes air vibrations.

It is not easy to become a truly excellent and successful lawyer. He must master legal knowledge and be an expert in human behavior. He must be a fluent Orator, a mechanism strategist, an excellent commander, and a versatile person. He must have extensive knowledge of all aspects of human life; He must have an inner cultivation of people and their behavior.

Similarly, as an intern lawyer, although we may not be able to achieve the level of professionalism of a professional lawyer at the moment, we cannot be puppets who are being manipulated. We need to have our own thinking and the ability and courage to independently analyze and understand problems. In my future career as a lawyer, I will not strive to satisfy every client, but at least I will do my best to live up to my heart and my faith in the law. As we often hear, what you say may not be correct, but I will defend to the death your right to speak. Justice not only needs to be achieved, but also in a way that people can see.


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