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published in(发表于) 2016/7/8 10:29:45
Lawyers must be severely punished for scandal _ news

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Lawyers must be severely punished for scandal _ news

Another "big folk" fell, who is also a lawyer for scandal.


On July 8, the public security authorities, according to Wu Guanghua reporting by the parties and the public security organs ' initial investigation and understanding of the situation, Henan tracks law firm Bull concocting and spreading on the Internet personal insult of false information by the parties, information being forwarded reports adverse social impact, Wu Guanghua reputation caused serious damage to a party. Police detained cattle suspected of crime.


Origin of the thing goes like this, Wu Guanghua screen name "Koala" is Li Heping lawyers Gao Wenlv's Assistant, was Li Heping, who involved the case, by the public security organs shall take enforcement measures. Commissioned by the husband, Wu Guanghua, Bull intends to serve as Wu Guanghua Attorney. During this process, any cattle over the network media, fabricating and spreading the police abuse Zhao Wei, Wu Guanghua was sexual assault in public security organs and other large number of sensational false information.


How, the parties have the final word. Wu Guanghua report to the public security organs, when she learned that the rumor was when she met a lawyer, "it is incredible and really too unreasonable" to express anger. The rumors proved unfounded, the truth to the world, Wu Guanghua subsequently put to the cow: so brazenly insult someone's reputation, with such a poor means, heart filled with conscience and humanity? Containing legal bottom line?


According to relevant regulations, cases of distorted, inaccurate, misleading information or discredit the relevant authorities which handle their cases and staff, as well as the reputation of the other party to affect handling the case according to law, belongs to the lawyers law violations. Meanwhile, lawyers also made clear, "the publication endangers national security, malicious slander others, seriously disrupting court order remarks" acts by the judicial administrative departments shall stop the practice, a fine, confiscation of illegal income, such as his lawyer's practice certificate revoked the punishment constitutes a crime, criminal responsibility shall be investigated according to law.


It is easy to see, the public security organs of cattle and the imposition of criminal compulsory measures by law compliance. Can say all cattle is blame, deserved it. Of course, the matter left to the people, especially for lawyers, there are many places worthy of consideration.


Lawyers is a socialist legal workers, is an important participant and promoter of law building. For a long time, our lawyers with good ideological and political quality, excellent professional skills and strong ethics, in promoting the rule of law, services play a positive role in economic and social development. However, such as cattle, lawyers also have the "black sheep", do not take the path of legal services, but addicted to online speculation, making trouble out of court, such as "dishonourable" and even "dishonest". This lawyers identity runs counter to the position, and the spirit of the rule of law, should be a warning.


Facts tell the truth, this is how the basic criteria, it is the professional conduct of lawyers. Lawyers to act for the industry, to law as a teacher, lawyer decided it was not for the particular occupation, is a judgment on the facts and evidence, is the maintenance of law and justice. Take facts as the basis and laws as the criterion, there is a say a, should be on the legal minimum requirements. If you can't do this, they deserve to be called a lawyer. Moreover, lawyers disinformation more deceptive, more dangerous, more should be severely punished. As we all know, particularity of the profession of lawyer and contact with the judicial authorities, the parties, and reviewing files, if he is to distort the facts, embellishing, even unfounded slander, generally it is difficult to see through.


Spreading rumours or slanders not only damage the interests of the parties, but also serious damage to the rule of law order. As a lawyer, this occupation existed, his practice, one prerequisite is the establishment of law and order. Rumors put pressure on authorities which handle their cases, pursuit of truth by creating confusion techniques, using illegal means, the pursuit of the rule of law, just like sowing "flea" expect "dragons". Therefore, we lawyers ought to be respected laws, law-abiding, learning methods, usage models, rather than reduced to make waves undermined the rule of law, "pushing hands". You know, lawyers even minor violations can also affect people's confidence and trust in the rule of law.


All persons are equal before the law, a person in conflict with the law should be held, the lawyer is no exception. Only by resolutely investigate and punish crime, wind can guarantee the legal profession feeling refreshed, shaping the lawyer all the good image of the industry, and also to make lawyers more widely to people's trust and support. (A cappella)


Source: Changan, China network



Responsible editor: Sun Ailin SN146




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律师造谣必须严惩_新闻资讯

  又一个“大谣”栽了,还是个律师造谣者。


  7月8日,公安机关通报,根据当事人赵威举报和公安机关初步调查掌握的情况,河南轨道律师事务所任全牛编造并在互联网上散布当事人人身受辱的虚假信息, 相关信息被大量转发报道,造成恶劣社会影响,也给当事人赵威名誉造成严重损害。公安机关对涉嫌犯罪的任全牛依法刑事拘留。


  事情的缘起大致是这样的,赵威网名“考拉”,是高文律所李和平律师的助理,因牵涉李和平等人案件,被公安机关依法采取强制措施。受赵威丈夫委托,任全牛 拟担任赵威的代理律师。在此过程,任全牛通过网络媒体,编造并散布了公安机关虐待赵威、赵威在公安机关被性侵等大量耸人听闻的虚假信息。


  事实究竟如何,当事人最有发言权。赵威向公安机关进行举报,当她得知造谣者是她认识的一个律师时,用了“简直太不可思议,也实在太不可理喻了”来表达气 愤。谣言不攻自破,真相大白于天下,赵威随后向任全牛发问:如此肆无忌惮地诋毁他人声誉,用如此低劣的手段,心中是否装着良知与仁义?是否装着法律这个底 线?


  根据相关规定,以对案件进行歪曲、不实、有误导性的宣传或者诋毁有关办案机关和工作人员以及对方当事人声誉等方式,影响依法办理案件的,属于律师法规定 的违法行为。同时,律师法也明确,“发表危害国家安全、恶意诽谤他人、严重扰乱法庭秩序的言论的”等行为,由司法行政部门给予停止执业、罚款、没收违法所 得、吊销其律师执业证书等处罚;构成犯罪的,依法追究刑事责任。


  不难看出,公安机关对任全牛采取刑事强制措施依法合规。可以说任全牛是咎由自取、罪有应得。当然,此事留给人们特别是对于律师来说,还有许多值得思考的地方。


  律师是社会主义法律工作者,是法治建设的重要参与者和推动者。长期以来,广大律师以良好的思想政治素质、过硬的专业技能和坚定的道德操守,在推进法治、 服务经济社会发展等方面发挥了积极作用。然而,像任全牛这样,律师队伍中也有“害群之马”,不走法律服务的正道,而是沉迷于网上炒作、庭外滋事等“旁门左 道”甚至“歪门邪道”。这与律师的身份定位、与法治精神均背道而驰,应当引以为戒。


  实事求是说真话,这是做人的基本准则,更是律师的职业操守。律师以法为业,以律为师,律师职业的特殊性决定了它不是一般的职业,是对事实和证据的判断, 是对法律和正义的维护。以事实为依据,以法律为准绳,有一说一,应该是对律师最起码的要求。如果连这一点都做不到,就不配称为律师了。再则,律师造谣欺骗 性更强、危害更大,更应受到严惩。众所周知,律师职业的特殊性,能与司法机关、当事人接触,还能阅看卷宗,如果他要歪曲事实、添油加醋,甚至是无中生有进 行造谣诽谤,一般人一时很难识破。


  造谣、诽谤,不仅损害当事人利益,更是对法治秩序的严重破坏。作为律师,这个职业得以存在,他的执业行为能够进行,一个前提条件就是法律秩序的建立。用 造谣的方式给办案机关施压,用制造混乱的手法追求真相,用违法的手段追求法治,就像播下“跳蚤”却奢望“龙种”。因此,我们律师应当做尊法、守法、学法、 用法的楷模,而不是沦落为兴风作浪破坏法治的“推手”。要知道,律师哪怕有轻微的违法,也会影响到人们对法治的信心和信任。


  法律面前人人平等,任何人触犯法律都应被依法追究,律师也不能例外。只有坚决依法查处违法犯罪,才能保障律师行业风清气正,塑造律师全行业的良好形象,也才能让律师得到更广泛人民群众的信任和支持。(清唱)


  来源:中国长安网



责任编辑:孙爱林 SN146




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