htmlOn June 3, lawyer Wu Liangshu went to the District Court of Nanning, Guangxi to file a contract dispute case, but the judge of the filing court verbally announced that the case was not under their jurisdiction. Moreover, neither a ruling of "no acceptance" was given, nor an ordinary receipt was issued. Lawyer Wu Sui Ke filed a complaint with the letters and visits and discipline inspection departments of Qingxiu District Court. Because he suspected that Lawyer Wu was recording with his mobile phone, the Qingxiu District Court bailiff fought with Lawyer Wu, and Wu Liangshu's trouser leg was torn.The huge contrast between imagination and reality makes a small matter like "lawyer's pants were torn in court" with no "direct damage consequences" become another incident on the Internet that tear apart the legal community.
The details of this matter are still to be investigated by the relevant departments, but this does not prevent me from saying that even if the court is not a warm place, it is a place for reasoning; and even if the lawyers are not as free and cold as He Yichen, they should not end up in such a miserable end. The huge contrast between imagination and reality makes such a small matter with no "direct damage" become another incident on the Internet that tear apart the legal community.
A judge friend wrote in his circle of friends that her judge friends were forwarding the court statements, and lawyer friends were forwarding the lawyer's condemnation. Shang Jiangang, who was once a successful lawyer but now a senior judge in Shanghai, also spoke on Weibo about this matter. He said bluntly that even if he is still a lawyer, in order to protect the interests of the parties, he did not agree with lawyer Wu Liangshu's approach. Shang Jiangang's change in identity and his clear "stance" speech attracted strong criticism from some lawyers, who believed that he did not consider whether the court's approach was appropriate at all. Shang Jiang had just joined the debate and became a "gun target", which further exposes the lack of community spirit in the current judges and lawyers.
In the past, many people advocated that as long as a job transfer can be formed between a judge and a lawyer, some outstanding lawyers who enter the court to become judges may be able to change the situation where the two legal positions are difficult to resolve. When Shang Jiangang first jumped from a lawyer to a third-level senior judge (this is a level that some grassroots judges have been struggling for the rest of their lives), he had already caused some controversy among the judges. Now he has "provoked" the lawyers again, and he can be called a "rat in the bellows" and is not pleasing to both ends. The business situation makes people even more worried. Will China's legal community only stay in beautiful imagination for a long time?
In addition to this layer of concern, this incident also reveals a stubborn problem that harms the current rule of law, that is, in some cases, the unspoken rules override clear rules and undermine people's legitimate expectations of law enforcement and judicial departments. Not long ago, there was an incident in which the vice president of the court handed a note to the presiding judge in court to "intervent" the trial procedure. The reason why this matter became a "Internet celebrity" is because the unspoken rule of "judges have to listen to the dean" is presented to the public under the live camera, replacing the explicit rule of "judges' independent trial".
Wu Liang's unspoken rule in the incident is that some courts are unwilling to file a case in some cases, but in order to avoid complaints, appeals or appeals from the parties, they will not present a receipt voucher or make a ruling that the case will not be filed after receiving the materials. Without these documents, the parties involved will be empty talk and will not be able to obtain any relief. The subsequent plots of Wu Liangshu's incident were all caused by this unspoken rule. Not only some courts do this, but some law enforcement agencies even adopt various unspoken rules.
Courts are the palace of the rule of law, and the rule of law cannot tolerate the unspoken rules of doing things alone. The court may have difficulties in filing cases, but the court is a bastion for people to realize their expectations of the rule of law. If the expectations of clear rules still encounter stubborn resistance from the unspoken rules here, then it is not just the lawyer's trouser legs, but the hindrance of the rule of law.
□Ye Zhusheng
( lecturer at the School of Law of South China University of Technology)
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