【新唐人2014年07月29日讯】日前，中国九个省份的17名律师，要求司法部撤销违法的“律师年度考核”，和行政备案，有律师表示，这些是前中共政法委书记周永康在位时制定的反法制，反民主的“黑政策”，而目前司法部仍然保留这一遗毒，律师呼吁，如果要建立一个真正的法制社会，必须铲除这一“黑堡垒”。
7月28号，北京维权律师程海发博文说，全中国九个省的17位律师，复议司法部要求撤销违法的律师年度考核和行政备案，7月22号，申请书已邮寄送达司法部，但直到目前仍没有得到回应。他表示，如司法部不给予支持，将诉讼或申请国务院裁决。
大陆维权律师冉彤、程海、王全璋、王宇、蔡瑛等17人，在送达司法部的行政复议申请书上请求：撤销律师执业证上印制的律师年度考核备案页，或确认违法。
还要求撤销律师执业证尾页印制的“并应当加盖律师年度考核备案专用章”字样，或确认违法等。
四川律师冉彤表示，今年以来，他们一批律师，先后向司法部递交了信息公开申请复议书，要求司法部取消没有法律依据的，对律师们构成严重行政侵权的违法年检和备案。
而所有试图用法律主持公义的维权律师，今年以来，都成了当局严厉打击的对像，今年的律师年检中，很多律师因办理一些当局认为敏感的案件没有通过年度考核，其中包括：程海、蔡瑛、谢阳、张传力、兰志学、董前勇等律师。
四川律师冉彤：“这本来就是周永康政法委书记想篡党夺权，制定了一系列的黑政策，对律师的打压违法反动政策，司法部就是一个积极的贯彻走狗，这完全是反法制，反民主的那一套。”
冉彤表示，现在当局已处理了周永康，并取消了大量的审批管制，如果想建立一个法制社会，必须彻底铲除周永康遗留的这一“黑堡垒”。
北京维权律师程海表示，律师年度考核和备案，是对律师的侮辱和歧视，是当局专门用来打压那些敢于主持正义，依法办案律师的违法“黑政策”。
北京维权律师程海：“另外一个，就是它借机收费，帮助律师协会收费，收很高的费用，一年一个人要2000块钱，整个律师所收1万多到1万5，然后全国的律师协会收费达到7个亿。”
中国律师年检一直被舆论抨击存在严重贪腐。据报导，2011年广东深圳有424家律师事务所，7398名律师，仅深圳一地，每年收费就高达1928万元。而这些费用的开支情况从来没有公开过。
湖南律师蔡瑛表示，这就形成了很多权力的寻租和腐败，同时也成为有关部门，敢于打压依法办案律师的一种手段。
蔡瑛律师因代理“双规案”、“建三江刑拘四律师案”以及“谢阳律师起诉湖南省司法厅案”等，年检被卡，还殃及全所，他所在的“湘军律师所”，直到现在还没有通过年检，律所工作和律师业务受到了影响。
湖南律师蔡瑛：“我认为不给我们搞年检的话，是对我的一种打击报复，律师事务所不搞年检的话，是通过律师事务所施加压力，来使律师事务所的律师们对我个人，形成一些感情方面的压力和根子方面的压力，是迫使我离开事务所。”
据了解，目前有律师责怪蔡瑛不该代理一些当局不喜欢的案件，甚至还有律师要求蔡瑛退出律师事务所。
蔡瑛表示，目前他所在的律师事务所很被动，他去“维权”的话，怕律所再次遭到“律协”和司法部打压，而他不去“维权”，就不能撤销违法的律师年度考核和行政备案等制度，所以他们都很纠结。
采访编辑/李韵 后制/陈建铭
Lawyers: Revoke Annual Assessmen
Seventeen lawyers from nine provinces demand the Ministry
of Justice revoke lawyer’s annual assessment
and all administrative records.
The lawyers indicate the assessment is anti-rule of law
and anti-democracy.
This illegal rule was established by Zhou Yongkang.
While Zhou is sacked, this gang rule still remains.
Lawyers believe that, to build a legal society,
this rule must be abolished.
Cheng Hai, Beijing human rights lawyer stated in his
blog, on July 28, 17 lawyers from nine provinces demand
the Justice Department stop the illegal annual assessment
and abolish all administrative records.
The application arrived in the Justice Department on July 22.
While the Justice Department has yet to respond,
he said, it will be processed to the State Council.
Ran Tong, Cheng Hai, Wang Quanzhang, human rights lawyers,
among the 17, stated in the administrative reconsideration request:
Revoke the annual assessment page on the lawyer’s practicing
certificate, or confirm it as illegal.
It also called for the removal of the prints, “Should stamp
annual assessment seal" from the final page of the lawyer’s
practicing license, or render it as illegal.
Sichuan lawyer, Ran Tong, indicates that they have filed
numerous written requests to the Justice Department to cancel
the lawyer’s annual assessment and the administrative record,
for the policy has no legal basis and constitutes serious
infringement of lawyers rights.
Many rights upholding lawyers have become victims
of the suppression.
Many, including Cheng Hai, Cai Ying Xie Yang and others,
have failed to pass the assessment for handling
the so-called cases sensitive to the authorities.
Ran Tong: “It was part of the gang policies Zhou Yongkang
had manipulated to usurp power.
He set up this policy, during his tenure as Secretary of the
Central Political and Legislative Committee, to suppress
the lawyers.
The judiciary is carrying out this policy like his aggressive
lackeys.
This policy is totally anti-legal and anti-democracy."
Ran Tong indicates that Zhou Yongkang has been sacked,
and many of his regulations removed.
In order to build a law-based society,
this last gang policy must be eradicated."
Beijing human rights lawyer, Cheng Hai, explains the annual
assessment is a humiliation to the lawyers and discriminating
against them.
It is a gang policy specifically targeting lawyers
who dare to uphold justice."
Cheng Hai: “Its other purpose is to make money.
The fee is very high.
The Lawyers Association charges 2,000 yuan a person each
year, and somewhere between 10,000 to 15,000 yuan to the firm.
Nation wide, the Lawyers Association will receive
700 million yuan each year."
Chinese lawyers’ annual assessment has been criticized
as engaging in serious corruption.
According to reports, Shenzhen received 19.28 million yuan
in 2011 from 424 law firms and 7,398 lawyers.
But, none of the expenditure was ever disclosed.
Hunan lawyer, Cai Ying, says the assessment allows the
authorities to display their power and conduct corrupt deeds.
Governmental agencies also get to suppress the lawyers
by manipulating the assessment.
Cai Ying’s annual assessment was put on hold for his sensitive
cases such as the rights defending case in Liaoning,
the illegal detention of four attorneys case in Jiansanjiang,
and attorney Xie Yang’s lawsuit against Hunan provincial
Department of Justice.
The firm he works for was also implicated.
Lawyers in the law firm could not proceed with their cases
without the annual assessment.
Cai Ying: “I think it is a retaliation against me, and a pressure
on the law firm.
The law firm and the lawyers in the firm will in turn
put pressure on me and force me to leave the firm."
There are lawyers blaming Cai Ying for accepting cases
sensitive to the authorities, while others demand Cai Ying
leave the firm.
Cai Ying indicates the firm is being passive.
If he defends for the lawyer’s rights, the firm might be subject
to another year of suppression by the Lawyers’ Association
and the Justice Department;
If he does not defend for the lawyer’s rights, the illegal
assessment and administrative records could continue.
It has become a dilemma for everyone.
Interview & Edit/LiYun Post-Production/Chen Jianming
