Liu Zhijun's lawyer: Had not asked its male and female thing to also be done not have in records

Qian Lieyang. Data picture

Liu Zhijun falls countenance of judicial be on trial be on trial appears first after the horse angular

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Origin: CCTV net

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Liu Zhijun falls countenance of judicial be on trial be on trial appears first after the horse angular

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"' the conference before front courtyard ' be not opened precedent for Liu Zhijun case. " on June 27 in the evening, mound to be wrapped into an appreciably is noisy hotel near the door in Beijing in, money of counsel for the defence lists this world to say to the reporter.

Qian Lieyang of 50 years old watch case openeris lofty a bit fat, give language clarity, reaction is splitting, often reporter one's voice in speech did not fall, his answer late come first.

Because be beforeRailway ministryMinisterial Liu Zhijun is apologetic, qian Lieyang lies all the time of late in eddy. There still are many doubts in people heart up to now: "The conference before front courtyard " close handle a case, with avoiding public opinion supervise? Qian Lieyang is decided at the higher level but not officially announced " actor " ? More those who make a person interrogative is, when open a court session, public prosecution just wants a court to be punished lightly to Liu Zhijun unexpectedly, a which when sing is this?

In nearly two hours in chatting, qian Lieyang dispels misgivings one by one to this.

About " the conference before front courtyard "

"' the conference before front courtyard ' accord with new punishment to tell a way, can improve forwatch case manufacturermal and sessionfree watch caseal efficiency "

Deep and clear Hunan morning paper: Open a court session of Liu Zhijun case used 3 half hours only, outside there still is comment now, in addition, why does center of Beijing law aid choose you to provide legal support?

Qian Lieyang: I do not know the cause that law helps a center choose me really, but I know I am not decided at the higher level but not officially announced for certain " actor " . I think this whole technological process is not make a gesture to give the impression of doing sth really, as to myself, ask I hit how many minutes, I say reality is a cent, the history is a cent. We make law, want party of not let sb down already, reality of not let sb down, more the test that wants withstand history.

Deep and clear Hunan morning paper: In " the conference before front courtyard " on what did you do?

Qian Lieyang: By May, have Liu Zhijun attendant, we left one day in jail of city of the Qin Dynasty " the conference before front courtyard " , among them the much evidence that does not have controversy, show him Liu Zhijun with the means of multimedia, these evidence got him approbate. Such, in formal open a court session when, of evidence reveal a process special sii want modern dining chairsmplified, this does not understand many 400 records socially namely, when the court is investigated, why does the process that show evidence go so quickly.

brass faucetDeep and clear Hunan morning paper: What case can be held " the conference before front courtyard " ?

Qian Lieyang: "The conference before front courtyard " be not opened precedent for Liu Zhijun case, the 182nd regulation of new criminal procedural law, made clear the applicable case limits of the conference before front courtyard. Begin from January 1, 2013, 4 kinds of circumstances can hold the meeting before front courtyard below: agent of party and its paraclete, lawsuit applies for to exclude illegal evidence; 2 it is evidential material more, details of a case is great and complex; 3 it is social effect is major; The 4 other state that are the conference before need holds law court. Liu Zhijun case should be accorded with among them a few. So of Liu Zhijun case " the conference before front courtyard " it is division goes out famous, have legal basis.

Criminal case cent is simple and easy program and average order, cognizance of basic level court has 15 years below period case, admit his guilt among them the case is same take simple and easy course, the conference before the case that does not admit his guilt will be sessional, applicable and average order; In the case of the life imprisonment above that intermediate court tries, do not admit his guilt be about average order, can leave " the conference before front courtyard " .

Deep and clear Hunan morning paper: "The conference before front courtyard " what is legislative original idea? Qian Lieyang: Undertake communication communicating before open a court session, some programs sex and can be in without controversy problem " the conference before front courtyard " solve, can be opposite when open a court session so contentious part undertakes compare notes is discussed, this is legislative original idea. Top magic art is aimed at " the conference before front courtyard " in its judicatory explains the 184th to have a word the 2nd times: "To accusing the evidence that argue both sides approbates, in open a court session when can simplify. " this is meant " the conference before front courtyard " discussion content need not the program of confine Yu Tingqian, to the hypostatic part of the case, both sides dominating debate can compare notes, enter hypostatic problem discuss.

With respect to the accused person, have two kinds, one kind is the accused ginseng is added, one kind is the accused person does not attend. Do not attend to the accused person, the nuclear confrontation that is not willing to enter judicial substance evidence commonly manages, because the lawyer cannot replace the accused person to approbate evidence directly, such doing can covert the right of card of hostage of privative the accused. So, if Liu Zhijun did not attend, I won't approbate evidence on behalf of him. But, he attended, I think to accuse according to new punishment this judicatory explains the method, it is OK the hypostatic part with respect to the case, both sides dominating debate undertakes communication.

Deep and clear Hunan morning paper: Why does legal group also have so big activity? Do a few lawyers also oppugn you?

Qian Lieyang: There is so big activity in legal group, because comparative not to get the lawyer with apologetic criminal partly,be, do not know to have implemented the specific provision that new criminal procedural law sets 182 times to the judicatory that reachs top magic art explains the 184th January 1 this year. About " the conference before front courtyard " regulation, some people may know, but think the conference before front courtyard cannot enter hypostatic problem, can enter program problem only, this judicatory explains just opened a cut, admit substance problem, him Liu Zhijun is attendant also at the same time. Was equal to link of solid constitution card to solve one much in the conference before front courtyard, this is interrogative place of everybody.

Deep and clear Hunan morning paper: If do not have " the conference before front courtyard " , is first instance of Liu Zhijun case sessional will how long?

Qian Lieyang: If do not have " the conference before front courtyard " show evidence, so this case should open two the middle of forhead at least. Have this " the conference before front courtyard " , the evidence that accusation remains to basically commit a crime only when open a court session and the evidence that have different opinion stay when open a court session to handle, and simplify very quickly when formal open a court session to doing not have the evidence of controversy went. For instance, of Liu Zhijun's individual hold a post personal details, still he admits guilty affidavit, and outstanding key is both sides dominating debate right 49 million of bribery money qualitative with other and light clue, stay to the court to undertake arguing. This is why ajar at 8 o'clock in the morning front courtyard, ended at 12 o'clock, and of the society do not understand, think this is make a gesture to give the impression of doing sth namely. From this new regulation that begins this year, make mode of front courtyard careful produces the very significant however change of marvelous eye, cent goes into two paces, so careful of formal front courtyard 3 got finished half hours.

Deep and clear Hunan morning paper: "The conference before front courtyard " without alien audit, also do not have media, can someone says you this is to close handle a case, avoid public opinion to supervise?

Qian Lieyang: Say very clearly in the judicatory explanation of top magic art, "The conference before front courtyard " it is to improve the quality when formal open a court session and efficiency, but later " the conference before front courtyard " can do more transparently really, a few opener.

Just suggebrass faucet aerator st about accusing " light "

"This is public prosecution square strategy, let a lawyer did nothe most popular north face shirtst refute leeway "

Deep and clear Hunan morning paper: When Liu Zhijun case is sessional, hafree norton internet antivirusve so a detail: Public prosecution just puts forward Liu Zhijun to have honest plot on the court, ask a court to be punished lightly. How do you understand?

Qian Lieyang: This is public prosecution a kind of square controversy is politic, public prosecution just considers suffocate lawyer. Why so say? Procuratorate, public prosecution just regards public right as the delegate of force, its have authority to point out guilty, blame weighs the accused person, accountability also point out blame of the accused person is light, obligation of this either right has the procuratorate. And paraclete can say only, party is innocent or the blame is light, cannot say the clue with serious crime. This respect accuses imparity is between argue, the reason is a procuratorate mastering power of national public right, the lawyer has illicit right only, no matter punishment appeals to law or law imitate, the right obligation of the right obligation of public prosecutor and paraclete is not quits.

I encounter case of a lot of criminal, after public prosecutor accused guilty, blame weighs the accused person, the reason that considers the lawyer saying crime is light speaks out directly, show its judicatory justice already, choke gets a lawyer to do not have a word to tell, because he has this right, but the reason that the lawyer cannot say blame of the accused person one time to weigh conversely, that broke the law, can tell only innocent or the blame is light.

This so public prosecutor puts forward the accused person to have the word of light clue directly, actual it is to think suffocate I. How can a person just have a word to you can be told? You think saying word, people said for you, what do you still say? You do not have even contradictory leeway, yourself felt to did not taste besides, because repeated. This is a skill of public prosecutor, public prosecutor said guilty, blame weighs Liu Zhijun, speak out his light reason again, the profession of this not lawbreaking regulation and public prosecutor locates, but can give suffocate paraclete really sometimes, hit paraclete one unawares.

And interesting is, I fall in front courtyard when, the reporter asks me, liu Zhijun has make contributions to behave, I say, result this word, be become by reporter misdirect " say on the court the accused is behaved without make contributions " , gave everybody the sense of conversion of a both sides dominating debate then. The first, I am doing not have an opportunity to say this kind of word on the court; The 2nd, liu Zhijun does not have make contributions to behave really. Because make contributions is exposure other, liu Zhijun did not expose another person. I cannot say lie, I must ground of be practical and realistic says.

Deep and clear Hunan morning paper: This public prosecution square on the court so say, how are you answered?

Qian Lieyang: I make use of an opportunity to do sth approves public prosecution square notion at that time, but I also have myself to want specific the other point of view that talk. This also is revealed in succession in the controversy later came out.

Deep and clear Hunan morning paper: Collect a letter from the court for angle, is the light punishment effect that is public prosecution square proposal good? Is the light punishment effect that still is proposal of counsel for the defence good?

Qian Lieyang: The effect is same, but the problem that does not have controversy is collected more easily to believe by the court.

Deep and clear Hunan morning paper: You are below the premise that makes blame light pthe best selling watch caseslead for Liu Zhijun, made a part again actually innocent plead, because you think the 49 million bribery amount that is charged and Liu Zhijun have nothing to do actually, is this as square as public prosecution " dead knock " ?

Qian Lieyang: Such OK also saying, this just holds to a kind of means of judicatory justice on my learning viewpoint.

About the gender bribery accuses

"I undertake plead to belongings accusation only, had not asked male and female thing "

Deep and clear Hunan morning paper: Liu Zhijun does not have a requirement to counsel for the defence, do not need a lawyer even, how do you cut this case?

Qian Lieyang: Liu Zhijun record reflects to what I bring is, when person of a the accused does not have a requirement to the lawyer, how should be the lawyer done? When the accused person has complete demand to the lawyer, how should be the lawyer done again?

Be aimthe most popular norton internet antivirused at Liu Zhijun case, I and he falls in premise of each other valued, want new form to build the specific train of thought of this case, there is an agreement between I and him, factual part, he approbates, want me to respect him, I do not raise doubt. But unplug arrive high legal height, whether to make crime, that is the professional opinion of my major personage, ask him to respect me. After so we are communicated for many times, a both sides is abided by " 38 lines " .

Deep and clear Hunan morning paper: Allegedly, the calm when Liu Zhijun is being explained to the China Disciplinary Commission carries on the sex that got man feather heart boodles, but public prosecution just did not put forward to accuse to this, where is the difficulty that we conviction to sexual bribery?

Qian Lieyang: I had not listened to have such " calm bear " , also do not have in records. About the gender bribery should conviction, this is problem of a pure learning, not be the range that all action that have harm sex can enter criminal law sanction, must have the evidence on criminal law meaning and maneuverability. A lot of years ago, academia boodles in discussion sex all the time whether the range that enters blow, feel very difficult to obtain evidence. If law enters the affection of a person go discussing dispute in the life, belong to basically " smoke a knife to cut off the water supply water more stream " , the knife that uses criminal law does not solve emotive water. So sexual bribery obtains evidence the respect is very difficult. Sexual bribery has harm sex without doubt, bigger than sex of belongings bribery harm, but human nature is to be able to produce change, so we are in judicatory practice, the case that a lot of sexual boodle, the person that boodle finally produced soulful connection with the person that be boodled, moved toward marriage even, can put penalty in a very awkward position, alleged " the honest and upright official decides household issue hard " . Criminal law of special attention is, it is the necessity that hits crime not only, notice to hit guilty possibility even, expression is the dependability that gets evidence, careful sex, stability. If sexual bribery enters penal punish range, can appear these predicament.

Deep and clear Hunan morning paper: Both sides is power quality trades after all relation, there still is reabrass faucetl feeling between each other, this is to maintain whether to form " the gender boodles " crucial. If criminal law has so an accusation, so in be being put in Liu Zhijun case, obtain evidence is difficulty very great?

Qian Lieyang: I had not pondered over this problem. Because I serve as Liu Zhijun's lawyer, accuse to the indictment belongings and belongings sex increase will undertake plead only. I had not asked him the thing of respects of these male and female, I also disinclination, I do not have a consideration to obtain evidence to whether have difficulty more, whether can enter a blame. So I am not clear that Liu Zhijun follows the concern of those women really, there also is this part in records.

Deep and clear Hunan morning paper: Liu Zhijun says after first instance, without giving thought to result how he did not appeal, is this true?

Qian Lieyang: It is true.

Deep and clear Hunan morning paper: Why does he have such idea? He says, lay the person that is an organization, it is constituent ghost to death, what meaning be?

Qian Lieyang: Then I still am to guess really do not come out.