On The Retaliation Of Lawyers

In Beihai City, Guangxi Province,four lawyers were prosecuted in the course of a defense, which originated from a common intentional injury case. Then the “Beihai case” has aroused people’s attention about the abuse of public prosecution, especially the retaliatory prosecution to the lawyers.In the judiciary practice of China, there are so many adverse cases like disturb the lawyers’ normal activities, what’s more, the prosecutors even make up all kinds of reasons to retaliate or crackdown the lawyers in order to take a criminal prosecution. In the “Beihai case”, the prosecutors violated the legal procedure and destroyed the lawyers’ normal activities casually, even took the vocational retaliation, the core point of which is the retaliatory prosecution to the lawyers. All the activities taken by department of public power like disturb the lawyers’ practice or take a criminal prosecution started form the intention of retaliate, the obvious unfairness or the violation of the due procedure have two kinds of forms, one is the abuse of the criminal compulsory measures in the process of illegal investigation, the other is the prosecution because of the unclear fact and the inadequate evidence during the examination and prosecution. In this case, the lawyers’ right to practice is hardly to get protection, which means the prejudice still exists among the lawyers during the traditional law system. In the Chinese culture, lawyers left the people bad impression and lower praise, even were called the “shyster” who love to repeat gossip and debate for the bad guy; the imperfect of the system of lawyer immunity, apart from the restrictions of the basically vocational rights which are written into the law, the defense lawyer’s immunity in dealing with the criminal cases is a much bigger shortage; the deficiency of the procedural remedy, the important reason why the retaliatory prosecution to the lawyers exist in the judicial practice is there are no substantive sanctions to the department of public power that abuse the right of prosecution; the insufficient supervise about the prosecution, actually, the retaliatory prosecution to the lawyers is equal to the abuse of the department of the public prosecute, but as the public power of the nation, the abuse also means the lack of the supervise to the prosecution.These problems result in the lawyers become the object of retaliation. The rules and regulations of the vocational retaliation are not only the needs of the defendants to get the help from lawyers,but also the requirements of procedural justice like “equality of arms” and “prosecution and the defense balance”. Therefore, we should change the prejudice against lawyers, and reposition lawyers so as to recognize the important role of lawyers in the construction of the rule; improve the system of lawyer immunity, and enhance the threshold of prosecution to lawyers to protect the rights of lawyers; establish mechanisms to improve procedural remedy; peel angle and angle discipline prosecutors investigating suspected criminal judge right and the right of prosecutors to arrest.From the four aspects of the above, prosecutorial vindictiveness to the lawyer can be effective restricted.