Tuesday, March 1, 2011

Keep on fighting and Zhang Sizhi

 Zhang keep on fighting the
Southern Weekly reporter Kai Lun Jin Qi _ wind (intern) _ SURVEYING
Beijing reported photography moved from Panjiayuan Chongwen new world, the loner 83-year-old Zhang has more than two years.
is too quiet apartment and flow, such as China New World Department Store organization is contrary to the two sides of the same building, audio-visual experience is very different. bright and spacious rooms well-lit, standing French window overlooking the open field of vision , the second ring road around the high cost of land, buildings, and not that much.
has repeatedly been difficult to refuse his kind invitation, Zhang Department of friends in this space before temporarily used as an office and began a calm down alone time, apart from seriously thinking about hanging around these issues, occasionally met with some friends, most of the time look at writing to write articles, tight security downstairs and out of duty and the punch card system so that he may avoid unnecessary trouble and even harassment. < br> life back and forth several times coerced away by the tide of the times, was the impact of persecution, so keep the political situation in the highly sensitive and alert, was once despair but always clear-headed, independent and strive to hope that, after a extended to 15 years of labor camp right after the disaster, his deep understanding of the bureaucratic factions and therefore hated.
he was well versed in law, did the judge, as a lawyer, prepared a magazine, a former teacher, in 1979, afraid to secular hatred and exclusion of public power for political heresy began their defense, since that is defeated, will keep on fighting, not one hair actually received, so far, although still fighting for more than 80 years old, not reduce, often talked about anger at can not help but sternly scolding.
warm winter sun streaming into the living room, hit him in the hale and hearty old man, his wife and children away from the Hefatongyan Zhang, polite, unhurried state perspective. recline on the opposite side of the sofa, known as Three-year-old young man. fine silver and sometimes down to the occasion and be gently rolled up eyes, shallow interwoven vertical and horizontal wrinkles.
the end, he slowly looked up slightly to think, eyes and mouth with the flow overflow trace not sure of a lifetime. He said, I am old, but I still see hope.
be changed youth
Zhang was born in 1927, the native of Henan Province, Zhengzhou, nowadays he has more on childhood memories closely related with the city.
1938, at the Japanese artillery fire, the 11-year-old Zhang of Sichuan Province were forced to flee to refuge with his parents and settled Santai County in Mianyang City, has studied at the National Campus and the National Three Six eighteen in. The former junior high school, the latter for high school. The two secondary schools during the war were the same as the Southwest, Jina a large number of teachers have a good background, Zhang of the resulting benefit, receiving an excellent secondary education. < br> 1943 in the winter, while in full-scale invasion, the Japanese launched the Pacific war began in the Burma campaign, trying to cut off diplomatic relations with China and other countries, supply channel and threaten the assistance of Chongqing. that time, the new tanks, howitzers and other heavy-duty armed The fall of the Kuomintang army was initially formed in 1943 to complete five separate artillery regiments and 14 tank battalions, but suffer from a lack of soldiers to master the basic knowledge necessary to operate these advanced weapons and developing not open fist.
in this national crisis an important moment, who is also professor of Sichuan University and military service of the Director of the Kuomintang government arrived in Xu Siping affinity between three and Mianyang, the army mobilized to persuade high school students. Xu eloquence excellent results achieved, the students responded enthusiastically, not a few days the number of applicants has over a thousand.
just turned 16 years old Zhang was encouraged during the unworthily, he signed up and found eligible then smoothly into the army.
this army and fighting resumes in the life after Zhang occurred one after another mentioned several times in political campaigns and was derogatory, Zhang was denounced to participate in two groups, Zhang was incorporated into the third joint, endowed Private. six months after the initial training, he then recruits a year with many other, flying over the Hump, the Lan Mujia reached base in India, points to the fifth regiment artillery, to become a solely on telegraph communications transceiver soldiers, more than one year duration.
1945 年 4 months, as a member of the KMT Zhang expeditionary force of the return from India. arrived in Kunming, he left the troops to Chongqing, Chongqing and from back to Mianyang to continue studying in three counties in the National eighteen. was removed during the final victory ushered in the Sino-Japanese War, which the school was originally the National Inland began brewing moved back to eighth in the northeast of the issues, and has changed back to the original name of the school mm Northeast High School. Zhang of the Scheme along with the school to go to school in Northeast.
Zhang from the south to the north, in the northeast to go before the decided to go to Xi'an to visit his uncle. The results, not long arrived in Xi'an, Zhang Sizhi forcibly detained by his uncle, and recommended him to a local church school, again after one year to transfer to another school PTA. And at this time is Dugao San Zhang of the semester, the college entrance examination soon.
has always been more active during the school Zhang Sizhi, because the former church school, who led a student strike and was successful, causing dissatisfaction with the school, and this experience is being religious schools attended the school learned that Zhang failed to get the consequent high school degree, not to take the exam. He angrily left the Xi'an to Nanjing.
in Nanjing, Zhang took part in the entrance of the equivalent, to successfully enter Beijing in 1947, studied at the then little known law, Chaoyang University, and joined the underground in 1948. < br> As primary and secondary school education is similar to the various suspensions, Zhang of the Institute is also just read in the sun more than a year later, in February 1949 that left school in Beijing to take over the work of the District Court. And during the court Zhang was again recommended to the Chinese People's University full-time study of law. A year later, the full distinctions Zhang Moscow University, completing a major course of law, the District Court to return to Beijing.
1956, the Zhang of Beijing, was ordered to set up the first Legal Adviser at the three, one year after the 1957 Beijing lawyers have been designated as the first of the right, and began a 15-year career .1972 Laogai labor camp in the end, into the teaching of Beijing Chuiyangliu II until 1979, Passive return to the lawyers, he has any high school language teachers in the school for up to 7 years.
Zhang of the transition and working experience of life is this wave cloud sly deceitful social background of the project, just reflects the lawyers from the wild in China incomprehensible along the way, is increasingly available around Glimpse of democracy in this era of many possibilities.
result from failure to failure
and studied law at the Beijing court did indeed judge and Assistant to the President, 1979 , together with a nationwide selection of several other lawyers to join Zhang of being transferred to Beijing as an emergency Lin Biao and Jiang Qing counter-revolutionary group that defense counsel, and became head of the defense.
out Renjiang Qing, who defense lawyers, from the time of the psychological characteristics of domestic public point of view, Zhang is really paying the price of risk.
in the legal system is not sound, like education, the public rarely the case, ordinary people tend to identify emotionally attorney for the sinners in refute, the two are birds of a feather. and the Cultural Revolution, Jiang Qing, who ten years together in masses simmers at the bad reputation has made many domestic well-known defense lawyers shied away from this.
As a political task, tied up, then logically it might play well, this is the idea of Zhang.
several meetings Jiang, Jiang Zhang very critical attitude and ability, but also refused to accept the , Zhang turned out Renlin Biao counterrevolutionary clique of criminals Li Zuopeng defender of the case, and Li Zuopeng PLA during the Cultural Revolution was the official to Deputy Chief of Staff, was considered directly responsible for Mongolia Lin defected and is the core of Lin Piao anti-Party group.
Now it seems, was then called the defense and the trial, acting more than the composition of the natural substance. pleadings and judgments as early as already decided on before the trial, counsel is nothing more than scripted, and judges, public prosecutors cooperate in a play, performing a the international community to see. In any case the defense, probably can not escape defeat.
Even so, Zhang Li Zuopeng or for removing the two charges: one for . as the know, at that time, the contractor that the political big, small on the budding lawyers, conducted in 1980 and was broadcast live on television, of which Zhang fame, and his professional career as a lawyer defending heresy and it has kicked off.
practice so far of 50 years, said Zhang, as in the ordered Li Zuopeng defense lawyer, he just played, He performed for the other criminal defense of a scene for the robbery; and the so-called half, it is not for the end of a divorce case, because the line to the Bureau of cases, the anti-rightist tide suddenly struck in 1957, Zhang was volume of and finally into ruin during nearly 22 years of valuable time.
from the Lin Biao and Jiang Qing counter-revolutionary group chopper small test case in the Chinese legal profession of today is almost unmatched reputation, Zhang Sizhi, and honed through years of accumulation. He said that if Let Li Zuopeng case on his defense, he certainly did not do as it was. so many years of hard work in the legal practice of many heresies, especially those in defense, and Zhang appear to be more sharp and full of experience, he can do may be, the case of freedom, democracy and the pursuit of praise is much more direct and heartfelt.
the face of many accused of resistance, even in such cases once known as encounters obstacles and to monitor the one hand, obviously had to be seen again and again to win the lawsuit, they did not due to inability to Watch hearty core, and ultimately his pocket a big circle, but in the end lead to failure for the force around. He very grief, sorrow, tears streaming down once, and once faced up to But apparently those who advocate political heresy, he does not care about the reward, not fear retaliation, or even written a suicide note on his early and worked into its own law by locking the safe.
2005, the Hebei Youth Nie Shubin Zhang of that the case was wrong to kill, he dismissed all charges are determined to clarify whom the end he felt a powerless. He was disappointed, he said, then the case for meritorious service for people who have been all the way to climb, rising to the Public Security Ministry, and no Law did. But he firmly believes that the incident must be resolved in the final analysis, 2, after several visits and internal discussions, the German Heinrich. Boll Foundation biennial Petra. Kelly Prize to Chinese human rights lawyer Zhang Sizhi, for his many years of protection of human rights in China and building rule of law and lawyers made an outstanding contribution to the system.
This is the first time the prize was awarded to Asians, is the first time awarded to Chinese lawyers.
Zhang Sizhi said in his speech, sometimes between despair and hope just one step away; wisdom, courage, perseverance, Union, will help achieve the objectives; Looking ahead, without the pessimism; the key is keep constant faith, learning stopped working; I swear to sunset Xichui footer, welcome sparkling morning dew shine bright spring green earth.
overflow after the lawyers to return to the legal profession
labor camp debut, the self-professed Zhang Daxing'anling fire accidents in 1988 for the County Forestry Bureau, Zhuang Xueyi map ; by the defense.
Zhang went to the local detailed knowledge of the fire through and Zhuangxue Yi's response after the fact way, a clear perception of the county map as a scapegoat for the primary Xiaoli was remanded absurd logic: First, the parties to be sentenced three years, 17 years later acquitted.
because of an unforeseen and individuals can not control the fire, resulting in the pattern of life has been re-written, but in fact the tragedy, Zhang, and the case of the British spend another attorney for the event pool to avoid injustice to the direction of a more betting the effort.
trial before hundreds of people given a warm welcome two local lawyers, the people gather it is a voluntary legal fees to the Secretary for the justice who was wronged, and Zhang of the day defense performance is more attracted to people shouted out market occurred in May 6, 1987 fire involving 100 rare million hectares of land, which ultimately caused the 50,000 displaced compatriots, 193 people died in the flames, fifty thousand Yu Junmin lasted 25 days and nights before their fight. The final sentence is the heaviest is a small town in the Forestry Bureau, and the fact is that the parties had not been negligent but rather Zhuangxue Yi did not only fulfill their duties, in order to minimize the damage has already been tried.
Zhang of anger.
defense published opinion, Chen Zhang of the straight: the case of our decision, to stand the test of history, but I found some comrades in the village on the determination of the case along the knowledge that it was wrong to go in the end of the trail. This clearly shows that the rule of law In our country also experienced how difficult the course. as a legal worker, Do we really hear people's grievances and grievances? Dear Comrade prosecutor, grievances more than one, volatile people, this really is you say very bad political influence things.
evidence in the investigation and trial than in the efforts to safeguard the rights the parties, the Zhang of the importance of defense can be regarded as harsh words.
2001, the the presence of Mr. Zhang Sizhi, that the journey to freedom, not only do the traitors hanging off, we need to do the defense of heresy. the position of politicians, Well, only relatively few young lawyer, his words more emphasis on defense and never be taken lightly, almost every case, he should be very careful to sort out and write. the defense of these serious earnest, was that peace in the see efforts, both in the literary grace and logic, full of the old man on the lawyer's respect and understanding of the parties.
exchanges with reporters, Zhang of the sigh, the legs folded, gently pointed to his left eye, I older, though still hearing the line, basically blind in one eye, a lot of things I'm stepping up treatment; The case is being handled, I do not consider the results, almost no accordance with the law because of the situation in the moment Chinese everywhere; especially in political cases, trials and sentencing, and the possibility of manipulation and great flexibility, the resulting decision is often difficult to predict; and I can do is to defend the word to do as much as possible the evidence is reliable, solid presentation, trying to perfect.
Zhang has always insisted on the view that written word is a lawyer defending the basic literacy and requirements, it should all work the crystallization of the lawyers, lawyers will be able to reflect directly the work of gains and losses merits and his outlook on life, reflecting his conditions, social conditions, feelings of view. Moreover, the written content of the presentation, it is ordinary people understand and judge the professionalism of lawyers compete with the direct basis, is a windows.
In short, reflects his self-confidence.
recent years, Zhang cases of the very few agents, but nowadays he has been closely following the occurrence of major domestic cases, and often express their views and even worked for running, playing a public the role of intellectuals.
Public League from 2009 to Chongqing hitting the tax controversy, out of position is considered essential, and prompt people to guard against a trend.
concerned on a number of important state and national progress on joint activities or documents, can be said Zhang of the healthy and strong, unafraid to come forward , repeatedly troubled fellow hesitate to lend a helping hand.
witnessed the enormous influence it, he said, I said this life sentence is most proud of, Long live the Internet!
Southern Weekly VS Zhang of
(the day before for publishing, Li Zhuang strange sinks. )
2 2 March, a court in Chongqing, Gong just die. agency issued a court in Chongqing Photo
2 2 March, a court in Chongqing, Li Zhuang (Xu Yuanbin photo)
Southern Qi Kai Lun magazine reporter Kim _ wind (intern) Beijing reports
Southern Weekly: Do you have prosecution of Li is of concern since when?
Zhang of: start did not know Li Zhuang this case, you know Chongqing anti, anti-nature is necessary if it is really black words. But then I found out, Chongqing hitting a feature, they are not by law cracking down, they are using in the past engaged in political campaigns the way, the most prominent manifestation is the so-called set up a project group, which would disrupt the anti-.
the first time after hitting the court, I saw Zhao Changqing was Lebanon's defense of strong words, hitting really is a problem. I used to in other places, have encountered Similar cases have been to the official suspect easy to put a black hat, especially you, Guangdong, in fact, people are not black, not a legal sense of the underworld organization. Why labels? wear a hat for the attack. Therefore, I was hitting a little worried Chongqing: First, it develops very quickly, and second, it is spread in very wide operation may be inaccurate and illegal places.
Objectively speaking, I believe, at least Li Zhuang where there are imprudent, or that he simply is a certain problem, the case of lawyers I know, quite a mixed bag, all kinds of people. lizhuang situation I do not know, I do not know him, never heard of, but I listen to other people about his condition, such as he said, that did not say these words do not commit crime and not the same thing, this limit should be strictly divided to open.
Zhongqing Bao December 14, 2009 published the article, I said, Zhong Qingbao fallen.
article clearly see that it is not the focus of combat Li Zhuang, but against the background of the so-called Li Zhuang, by striking against the background of the Beijing lawyers, defense system and thus deny our legitimacy and legality, the poor in this place.
to do that day led me to a friend Zhongqing Bao called and I said, you finally started to fall, with a newspaper than you than others, however, you off to the comparisons, and Why can not your style, adhere to the past? He said, I really do not see that article. After reading it, he called me and said, hey, really too outrageous, think of ways to look at how to remedy it .
they talk over, no help, no good way, followed and made a seven reported some of the seven articles is very outrageous, not only can not make it in the December 14 article, the defect but also the development of a forward. So much deliberation, I wrote the poem from the Chongqing government, but in the end I certainly do not know who wrote it. In Tell me, is the official pass is issued in Chongqing, released exclusively to Zhongqing Bao do. Zhongqing Bao had admitted. Since the recognition, and also the words of the no. is Taibuyinggai ah.
Southern Weekly: Li Zhuang whether family members or law firm colleagues to find you replaced?
Zhang of: I did not contact with any of them, I am isolated, of course, I do not want these things have any contact with them. I can tell you, my granddaughter in Zhongqing Bao journalist, I have not asked her to do, I said, you put your newspaper on December 14 brought me on the line. She brought to him. I was reading the newspaper previously heard me speak at length about, but I never do things this person by listening, I want to see the actual thing. After reading does, too outrageous.
Li Zhuang this person In the work style must be very rough, perhaps said, I was counsel in Beijing, Chongqing, What kind of you, this is absolutely his mind. so some language and practices like a lawyer is not necessarily inappropriate. I always such a view: the prosecutor can tell lawyers point of view with serious confrontation between the prosecutor, but you must respect others in the final analysis the representative of the national emblem, people in the exercise of state authority on behalf of Na, (voice high-pitched, angry), on the people to respect! < br> I'm sure the prosecutor at the court of special respect, even though I can denounce his views, but as personally, I absolutely respect his need to get this ah. I hear about high-Cheng, Li is not the young , but how could it have such a style of work. through the exchange of high-Cheng, also verified most of my analysis, he curse at the officer, you bastard, you go away it should not be ah egg mm. Why people must make great efforts to fix him, we tell the saying goes, it is actually being provoked anxious. Of course, the significance of this is the first warning to others.
Southern Weekly: The case against Li has not yet settled, the outcome of your second trial see?
Zhang of: Under normal circumstances, the second trial must be upheld, but I can not rule out the possibility of trading behind the scenes. For example they made a compromise Li Zhuang, let him Directions, apologize, and then how how, do not rule out the possible. This is commonly used in public security, the usual way. For example, if you plead guilty, I dealt with leniently you, even if you plead guilty, I could sentenced to probation to do with you, these are precedent for.
Southern Weekly: If you come to Li Zhuang by the defense, you choose from the perspective of innocence or Zuiqing cut it?
Zhang of: Li Zhuang this problem need to see what is the problem, if he committed no crime, no Perjury, of course, is innocent. but I last night (January 13) to hear a case, I was shocked: the defense of defense counsel first instance I saw impressed me very good, but I never imagined that They have two pleadings: a set of innocence, and the other set was guilty.
Why does this happen? clearly behind the transactions. If Li Zhuang pleaded guilty, and we dealt with leniently, If you do not recognize, we are severely dealt with, so the lawyers to engage the two options can not be so dry ah mm. So, yesterday I was very angry.'s external speakers, this is our counsel, there is a component of the Bar, could be so much dry, which came to shame ah.
Southern Weekly: Do you frequent movement of Chongqing What kind of analysis?
Zhang of: I made famous songs to talk about this thing. I said that song made famous not say that there are problems is the song that made famous the beginning, it made famous song called General offspring, daughter of Marshal Nie Choir commander in chief as we all wear uniforms, did not remember correctly, seems to be two hundred songs made famous generals with their children. I want to say that you hold as a general group children children, then, if I have to find business with you, fuck the children we are landlords, we also made famous Chanting work? we are right children, we made famous Chanting No? If we do so, you parry is maintained Central What?
why must the children stand out, General, what does that mean? can only conclude that they want to squeeze the drum to one of these princelings to use Well this form to a squeeze. you squeeze together to do it, you want to do red and black in the end? I unable to figure out their routine.
I once made a point of view: according to the current anti-Chongqing in terms of scale, you have arrested thousands of people, then, so many years, do you all go?! Why do not catch you before? Aftermath carbuncle support to such a degree, so that they do evil, so that they harm the people for so many years Why matter?
Southern Weekly: From then to Li Zhuang Wang Licheng to Zheng Enchong, the lawyer is personally involved, extending from this point of what, in your view, China's environmental law practice has changed you?
Zhang Sizhi : This issue contains two aspects, one aspect is, our system does the lawyer did not receive due attention and respect; Another aspect is that our lawyers themselves are not good enough.
Zheng Enchong is not to say that problems are No, he has a lot of practice I do not appreciate, but they do not have such problems Li Zhuang. Wang Licheng, Zheng Enchong basically nothing big problem, but Li Zhuang but not that he no problem at all, and it can not be seen as the general style of work because you are a lawyer. prosecutor to take charge of this thing to make irresponsible remarks Li Zhuang, there is no justification in the final analysis, Li Zhuang charged outlaw to do, and he received the money, hit the law really is on the account , and this a little bit reassuring.
But, honestly, do you charge too much ah. (sigh)
Although 2.45 million, the court recognized his 1.5 million, is the Tat collected, and In addition to those figures, it is behind them say, really, people have family members out of the evidence.
In addition, the so-called experts, experts really takes the money out. (sigh again)
Why is the court does not attach importance to these experts argument? experts to their broken the way to go! now experts, almost all commercial, it's all come to take money, just hard to believe that the academic scientific point of view, then, in that case, how human conducive to how to bullshit, and if I was the court, I do not attach importance to.
lawyers about the environment, one on the case, it should be said that there is no change in the whole, we can not tell a little bit of progress no. Wang Licheng said at that time, if not better than now, at least better than bad now. that case, the Procuratorate into a few out of several, not so reckless in the end of Chongqing, and in the middle there is a repeat. Zheng Enchong's case is rather special, political background, political background, as the case, if the lawyer is not very careful, it can easily go in planting. From this analysis, the lawyers are basically no change in their environment.
Southern Weekly: As a lawyer community authority, the case agent in the past you, is how to achieve not only for this case can protect themselves?
Zhang of: I do this type of case, first, not the law of the circle; second, no the circle of industry standards; third, I do not like any contact with the outside world, including journalists. so many years I do not accept the interview, freezing event so much noise I really can not, because I wrote that statement, people know to ask me I only interviewed, but the mouth was opened, not a solution. on the case, I not only do not speak to the media, I have never not speak with the family. As long as I work on something, they do not know. why? I am not a secret, for fear that they implicate.
Southern Weekly: How do you handle the relationship between lawyers and judges?
Zhang Sizhi: In this issue, I can talk about things much, maybe I do not practice must be very right, I told the judge not to and from court under the Court, or almost no travel. unless extremely necessary for individual cases, that is about one in their office about, talk about it. personal relationships not once, did not between.
I think that we would rather go to channels from other areas, or to go out this blending of judges, indeed it is too corrosive to the judge eroded, and eroded the lawyers, from the in terms of rule of law throughout the country, that there is no good.
Southern Weekly: the judicial reform, you have any new ideas?
Zhang of: fundamental reform, it is difficult to achieve in our country, there are some boundaries can not break, there are some fundamental problems, insurmountable. Strictly speaking, the party should withdraw from the court, court of law can have members, but can not have party organizations, especially the leadership of your organization can not go to court. But you see, We are not party or the court which party? who is in charge? party secretary final say of course, obvious thing thing. Also, the top court had a separate Politics and Law Committee, after all, or party the final say, party have the final say.
we can not hope for a good secretary, we should hope to build a good system, Politics and Law Committee has always been ridiculous this system is long overdue banned. XII, the time has decision banned, because of a special events were suddenly tightened. At that time, Politics and Law Committee of the cadres in Beijing are all gone, leaving only the porter, and everyone waiting for red tape down the center of .

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