On The Significance Of Ruling By Law From Li Zhuang Case

By the end of2009, on the occasion of "Chongqing Crime Crackdown", Li Zhuang, a former lawyer of Kangda Law Firm(Beijing), was suspected of being involved in falsification of evidence and impairing testifying, drawing great attention by Chinese jurisprudence and judicial administration circle. In February2010, Li Zhuang was ruled by the second-instance court that he was guilty of falsification of evidence and impairing testifying and sentenced to18months in jail. Then Li Zhuang case was called "Li Zhuang case season1" by media, public and academic circle. In April2011, Li Zhuang instituted a public prosecution for the same charge during his prison time in Chongqing, withdrawn by prosecutor after the court’s trial. During this period, Li Zhuang case was called "Li Zhuang case season2". After released from prison, Li Zhuang lodged a complaint to the original court, drawing the curtain of "Li Zhuang Season3". Until the accomplishment of this article,"Li Zhuang case season3" has researched with no result. Li Zhuang case consisting of a series of events mentioned above is the focus of China’s legal world in resent years, and also regarded as a landmark case in China’s process of the rule of law.Now, though Li Zhuang case has not been over yet, the existing phenomenons of illegal investigation of public security bureau, flawed judicial procedure intervened administration of justice in this case have mirrored the disquieting status quo of China’s legal environment and the imperfection of China’s laws and relative judicial system. On the basis of full understanding of the problems mentioned above, this paper selects Li Zhuang case as practical material, comprehensively review and deliberate the details of the case and the legal issues it involved to upgrade the case into the level of a country’s rule of law, and disclose the important role played by the rule of law to China today.This paper consisted of five chapters. In Charter1, I summarized the cause and effect of Li Zhuang case, the basic understanding of legal world to this case as well as my own understanding. In Chapter2, from the perspective of Li Zhuang, I analyzed the effect of lawyer perjury, and proposed some suggestions of amendment to legislation. In Chapter3, through the analysis of difficulties met by Chinese lawyers reflected by Li Zhuang case, I explored the insufficiency in China’s lawyer system and the methods for its further improvement. In Chapter4, taking Li Zhuang case as an instance, I dissected the defects of China’s criminal litigation system and the modifications of "Criminal Procedural Law of People’s Republic of China"(2012Amendment), meanwhile I discuss the development direction of China’s criminal litigation system. In Chapter Five, I discussed the relation between Li Zhuang case and China’s construction of rule of law, focusing on elaborating on lawyers’ role in China’s construction of rule of law and the direction of China’s judicial reform.