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Substantive Trial and the Independence of the Defense Lawyer
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When we talk about the topics concerning lawyers,we pay most attention to the technical issues and usually do not carry out in-depth discussion at the spiritual level. Today,people use some platitudes such as human rights protection and procedural justice to support their opinions or proposals without much thinking when they talk or write about this topic. Such talks of generalities often fall in deaf ears. These discussions at the spiritual level have not touched upon the core ideology of the criminal justice in China——the ideology of obedient people and lack of opposition to the state power——which has made it impossible for lawyers to be independent from the government in criminal defense and to be guaranteed of their safety when they engage in peaceful confrontation against the state power. The biggest problem in the Chinese ideology of criminal justice is the lack of the concept of litigation as a rivalry between the individual and the state. This ideology has a far-reaching influence. It is fair to say that,without the idea of rivalry,even if the adversarial system exists,such system will have a very limited role to play in practice,or even no role to play at all in some cases. Before thoroughly clearing up the fundamental ideology dominating the activities in criminal proceedings in China,we should not overestimate the significance of a few technical changes in the defense lawyer’s system.

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