Lawyer Wang Bing: Educational background: Bachelor of Testing from Northwestern Polytechnical University, Bachelor of Laws from Shandong University of Political Science and Law, CET-4. Business expertise: nearly ten years of work experience as a lawyer, has undertaken nearly 1,000 criminal defense, real estate disputes, road traffic accidents, industrial and commercial insurance cases, and served as perennial law for more than a dozen units such as Zibo Water Resources Management Office, Linzi Urban Construction and Development Company, etc. Consultant, qualified to engage in the legal business of shareholding system reform, is a lawyer of "Luzhong Morning News", a member of "Zibo Evening News" legal aid team, and a part-time teacher of Zibo Vocational College.
In order to promote social harmony and stability, the Supreme Court put forward the litigation principle of "mediation priority, mediation and judgment combined", and strive to achieve "settling disputes and ending the case." In terms of achieving the goal of "the case is closed", the function and effect of mediation are better than judgments. At present, due to social concepts, legal environment and other reasons, my country’s diversified dispute resolution mechanism is not yet complete. Under realistic conditions, mediation is effective in alleviating social conflicts, making up for deficiencies in laws and litigation procedures, properly resolving disputes, and saving judicial resources. The advantages are becoming more obvious. "The case is over" is the clearest summary of the advantages of mediation.
I think whether the lawyer has the awareness of "the case is over" in the process of handling the case directly affects the progress of the case and whether the dispute can be resolved smoothly. Therefore, we cannot rely solely on the courts to do this work, and lawyers are obliged to play their due role. Lawyers start from accepting the client’s entrustment, that is, using the legal knowledge of procedures and entities to provide legal services to the client. Lawyers can provide legal services to clients at every stage, from analyzing the case to collecting evidence, from filing a case to acting or defending in court, from the first instance to the second instance, applying for retrial, and applying for enforcement.
When lawyers use proficient legal skills to advise clients, do they stand to uphold the dignity of the Constitution and the law and insist on legal entities and procedural justice, or stand on the standpoint of both parties to resolve disputes and avoid litigation? Obviously, it will lead to Two different results. Because the client will trust the lawyer he hired more than the judge because of the position issue, this is the crux of the problem. For individual cases, it is very difficult to reach the conclusion of the case by relying on court mediation without lawyers. For example, in a traffic accident case, the victim's lawyer can mobilize the parties to accept the defendant's compensation instead of "fighting the lawsuit to the end"; defense Lawyers should spend huge sums of money on compensating the victim’s family and gaining understanding from the family, not on "opening up relations." Therefore, the cooperation of judges and lawyers is particularly important in the mediation process of litigation cases.
The relationship between judges and lawyers is the most sensitive issue. Although the two belong to the same legal professional community, there are indeed differences in their roles in litigation activities, and they cannot be avoided on the way to the goal of "the case is over." It is not easy for a lawyer to make money, because the client will not go to court if he has no other means. In other words, the client who has filed a lawsuit once in his life entrusts his difficult matters to the lawyer to handle it. If the handling is not good or there is a mistake, The pressure on lawyers is very high. However, some judges did not realize this, did not show good looks to the lawyers, scorned and ridiculed the lawyers at every turn, and even did not save face to the lawyers in front of the parties. How can this play the role of lawyers in case mediation? From another point of view, the attorney's agency fee is charged in accordance with the law, and the lawyer is not so willing to give the judge a share of the pie. Besides, the income of judges is allocated financially, while lawyers generally have no salary. All income is “distributed” in the market by social recognition and popularity. Especially young lawyers suffer from the lack of case sources, and the problem of food and clothing is still difficult to solve. Some judges also have a bad habit of asking the client how much they have paid, and then telling the client, "How to pay so much, what's the use!" This has reached the point where it is difficult for the judge and the lawyer to cooperate. This is generally the case. The consequence of this is that the mediation is not successful, but the judgment can only be made, and those who are dissatisfied with the judgment also appeal and appeal, which is a typical "case closed."
Establishing a mutual supervision mechanism between judges and lawyers is a good way to resolve the normal exchanges between the two. First of all, understand each other: Judges, especially grassroots judges, are very tiring. Some grassroots court judges have to hear more than 200 cases a year. They write judgments on average a day and a half. They also need to ensure the accuracy of judgments and the rate of mediation and closure. Low petition rate; these are enough to make lawyers respect judges. Second, regular exchanges can be organized: the court system and the lawyers’ association regularly organize exchange meetings to focus on discussing and solving some difficult and hot issues; thirdly, a back-to-back evaluation method can be adopted. Judges and lawyers can be assessed and scored anonymously, with the scores in the first place. The last one is used as a reference basis for rewards and punishments, which may significantly reduce the corruption problem at the judicial level.
The establishment of a platform for judges and lawyers to support each other is conducive to the implementation of case mediation. Bring some lawyers who are good at mediation out of the water, increase their social visibility, and allow them to give full play to their exemplary and leading role; improve their reputation and increase opportunities for participation in politics; open some successful mediation cases to the public, and public opinion will highlight the "case settlement" It's up".
In addition, advocate lawyers to play a role in the non-litigation dispute resolution mechanism, and promote the parties to reach an out-of-court settlement, which can divert litigation, greatly reduce court pressure, overcome the limitations and disadvantages of litigation, make judicial changes qualitatively, and promote social harmony Stability is also in line with the international trend of developing mediation and diversified dispute resolution mechanisms.
Finally, I think the court’s "five prohibitions" is obviously not to sever the legitimate exchanges between judges and lawyers. On the contrary, constructing a benign interactive relationship between judges and lawyers in the process of litigation mediation is more conducive to achieving the goal of closing the case. The society is harmonious and stable.