【新唐人2013年12月06日訊】在西方國家，律師不但收入穩定而且擁有崇高的社會地位。而在中國，律師的地位則十分尷尬，尤其是維權律師，雖然在民間很受歡迎，卻經常受到中共公、檢、法部門的百般刁難，不但尊嚴被肆意踐踏，甚至會遭受人身傷害、失去自由。儘管國際社會對大陸維權律師的艱難處境極為關注，並多次譴責中共當局，但維權律師的待遇依然沒有得到絲毫改善。
維權律師，是中國大陸獨有的特殊職業，因大量維權事件和社會矛盾而產生，專門維護弱勢群體權益，與公權力抗爭，卻得不到律師應有的對待，生存環境步履維艱。
山東威海維權律師李向陽：「因為我做的案子都是比較敏感，比如說起訴政府的了，起訴強勢財團的了，每個案子都會受到刁難。」
山東濟南維權律師劉衛國：「通常情況下是一些敏感案件、比如說跟政府相關的這種案件，還有信仰案件。」
維權律師們表示，最多的刁難，通常來自公、檢、法、司等部門。
例如，在刑事案件偵查階段，律師如果想見到被告人，需要辦案人員的安排而不是批准，但警察往往會找各種藉口拖延。
劉衛國：「現在的律師在偵查階段，主要的衝突就是跟看守所之間發生的，所以你去會見，他即便有會見室，他也有可能不安排你會見。他會說你要先預約，然後刁難你48小時。」
而當律師向偵查機關了解案情或需要提供證據時，偵查機關大多置之不理，甚至出示假證。
劉衛國：「在律師了解案件以後，發現案子有問題，有些證據需要補充，有的被告罪輕甚至可能無罪，那麼你如果給警察提供這個信息的時候呢，他有的時候不去調查，有的時候可能直接去威脅證人，讓證人按照警方所需要的口供去陳述，那律師再去找的時候，可能這個證人口供就變了。」
在檢察院，維權律師經常會被延遲甚至拒絕閱卷。到了法院，律師們又會被強制「安檢」，遭遇搜身和掃瞄，但實際上中國法律並沒相關規定，因此對律師們來說，這種「安檢」是對他們最大的侮辱，但很多律師對因為拒絕和抗議「安檢」被非法拘留。
在熬過重重刁難和阻撓後，維權律師在開庭時還會被禁止出庭辯護、辯護時會被法官隨意打斷說話等。
劉衛國：「現在公安局、檢察院，利用各種各樣的法律上的漏洞來故意刁難律師。他們這種做法無疑是踐踏法制的，之所以出現這種情況，還是司法不獨立，現在是警察操控整個的審判程序，操控檢察院、操控法院。」
幾乎所有的維權律師都受過來自公權力機關的威脅、恐嚇、羞辱和報復，嚴重的還會被暴力攻擊、吊銷執照、非法拘禁甚至判刑，經常有維權律師會因此失蹤。
中國維權律師梁小軍在博客中寫到：「從王全璋律師被拘到程海律師被打，接連發生的侵犯律師執業權利和人身權利的事絕非偶然：高智晟律師還在新疆沙雅監獄服刑﹔滕彪律師在石家莊被法警架著扔出法院﹔唐吉田律師和劉巍律師的『 吊照門』，被吊銷律師執照﹔張凱律師和李春富律師，在重慶江津被銬於鐵籠﹔李靜林律師在滿洲里開庭的前夜，在賓館被搶劫﹔我在山東招遠，被拒於開庭的看守所之外，被流氓推搡……。」
李向陽：「專制強權下，沒有法律而言，中國當前，法律遠遠解決不了社會矛盾。」
一位名律師感慨：一個真正崇尚法治的國家，就會必然重視律師的社會地位。國家的法治實行程度，可以從律師在社會中的地位作為尺規。由於律師是直接的執法者，所以他們對法律的理解與評價是其他人莫所能及的。
因此，不難理解，在中國大陸，為甚麼連律師都已經不再相信法律。
採訪/陳漢 編輯/張天宇 後製/葛雷
___________
The Tragic Experiences of China’s Human Rights Lawyers
In Western countries, lawyers not only have stable incomes,
but also enjoy high social status.
In China, a lawyer’s social status is embarrassing.
Human rights lawyers, although popular among people, are
often challenged by the Chinese Communist Party (CCP)
prosecutors and legal departments.
Human rights lawyers are often insulted.
They are even injured and lose freedom.
Although the international community pays great intention
to Chinese human rights lawyers, and repeatedly condemns
the Chinese authorities, the situation of human rights lawyers
does not improve.
Being a human rights lawyer is a unique occupation in China,
caused by a large number of activists and social conflicts.
They safeguard interests of vulnerable groups,
protest against the powerful.
They are not treated as lawyers. They have a very difficult
situation of survival.
Shandong Weihai human rights lawyer Li Xiangyang:
“My cases are mostly sensitive.
For example, suing the government or strong interest groups.
Each case is subject to challenges from the authorities."
Shandong Jinan human rights lawyer Liu Weiguo: “Usually
we have some sensitive cases related to the government or
related to spiritual belief.”
Human rights lawyers said that most difficulties are from the
government, like prosecutors, judges and legal departments.
For example, in the investigation stage of criminal cases,
lawyers’ meetings with defendants should be arranged by,
not approved by, investigators. But the police often find
excuses to delay it.
Liu Weiguo: “The main conflict during the investigation stage
is with the detention center.
They may not arrange for you to meet the client.
They would say you need to make an appointment,
making it difficult for you for 48 hours."
When lawyers need to find details and evidence, investigating
authorities mostly ignore the requests, or even produce
false evidence.
Liu Weiguo: “Lawyers have an understanding of cases,
have some questions about cases or need additional evidence.
Some defendants may be not guilty. When lawyers provide
this information to the police,the police might not investigate.
They even threaten witnesses and make witnesses speak
according to what police tell them.
When lawyers look for witnesses again,
their statements have changed."
In Procuratorate, human rights lawyers are often
delayed or even refused in reviewing documents.
At court, lawyers are forced to go through “security scanning."
Actually these are not defined in the Chinese Constitution.
To lawyers, this kind of “security checking" is the biggest insult.
Many lawyers were illegally detained for refusing and
protesting against “security checking."
After going through layers of obstruction and challenges,
human rights lawyer are also prohibited from appearing in
court or interrupted by the judge at hearings.
Liu Weiguo: “Now the Public Security Bureau and
the Procuratorate use of a variety of loopholes in the law
to deliberately make things difficult for lawyers.
This practice is undoubtedly trampling the rule of law.
This is caused by lack of an independent legal system.
The police manipulate the entire trial process, Procuratorate
and the court."
Almost all human rights lawyers have received threats,
intimidation, humiliation and revenge from the public authority.
They may even be seriously attacked, their licenses revoked,
be illegally detained or sentenced, or even go missing.
Chinese human rights lawyer Liang Xiaojun wrote in a blog:
“From the detention of lawyer Wang Quanzhang to beating of
lawyer Cheng Hai, violence against human rights lawyers is
no accident:
Gao Zhisheng is still imprisoned in Xinjiang,Teng Biao was
thrown out of court by the court police in Shijiazhuang.
Tang Jitian and Liu Wei’s licenses were revoked, Zhang Kai
and Li Chunfu were locked up in an iron cage in Chongqing.
lawyer Li Jinglin was robbed in a hotel the night before
the court in Manchuria,I was refused entry to the court and
was pushed around by mobs in Shangdong.”
Li Xiangyang: “Under the totalitarian power, there is no
law in China.
The current legal system is far from resolving social conflicts."
A lawyer sighed: “A country which truly respects rule by law
also pays attention to the social status of lawyers.
The degree of law implementation can be measured by
the social status of lawyers.
Lawyers are involved directly with law enforcement, so their
understanding of law and evaluation cannot be matched.
Therefore, it is easy to understand why even lawyers no
longer believe the law in China.
