Lawyers for seven people charged with bombing state property are demanding charges be dropped against their clients. The seven are among 30 rights activists and opposition party members detained in recent weeks in what the opposition calls a crackdown on dissent.
Lawyer Alex Muchadahama went to court to claim the state has no case against his clients and charges against them should be dropped.
His seven clients, including the Movement for Democratic Change's security director Chris Dlamini and party leader Morgan Tsvangirai's former personal assistant Ghandi Mudzingwa, were accused Wednesday in Harare High Court of planting two small bombs at police stations, and one at a bridge following elections last year.
The seven were charged with terrorism, banditry and insurgency, and could face the death penalty if convicted.
Muchadahama told the court the charges were "ridiculous and scandalous." He told the court the state has no credible evidence against them to warrant them being held and said all seven were tortured when they were arrested.
These seven are the first of about 30 people who disappeared or were abducted late last year to be charged in a court of law. There are another 10 who have made statements to the police, but still have not appeared in court, and Zimbabwe Lawyers for Human Rights said they believe at least another 13 people are in police stations somewhere around Harare.
Lawyer Beatrice Mtetwa, who is defending human rights campaigner Jestina Mukoko, said she has been granted a hearing by Zimbabwe's constitutional court Monday to determine if her client's case can be heard as an urgent matter.
Mtetwa has argued that Mukoko's constitutional rights have been badly abused. She said Mukuko was not arrested with a warrant, but kidnapped from her home, and was mistreated in custody. She said her client has been denied access to her lawyers and refused permission to be examined by her own doctors.
Mukoko was accused by police of being part of a plot to recruit people for military training in Botswana to overthrow President Robert Mugabe.
The High Court ordered Mukoko and eight others be taken to a hospital on Christmas Eve, but the police defied that order. The High Court also demanded the rest of the group be released from police cells immediately, saying their detention was illegal.
Lawyers say they believe the police have video confessions made shortly after those being held were abducted and that those confessions were made under duress.
2009年5月13日星期三
Lawyers Want Charges Dropped Against Zimbabwe Activists
Lawyers for seven people charged with bombing state property are demanding charges be dropped against their clients. The seven are among 30 rights activists and opposition party members detained in recent weeks in what the opposition calls a crackdown on dissent.
Lawyer Alex Muchadahama went to court to claim the state has no case against his clients and charges against them should be dropped.
His seven clients, including the Movement for Democratic Change's security director Chris Dlamini and party leader Morgan Tsvangirai's former personal assistant Ghandi Mudzingwa, were accused Wednesday in Harare High Court of planting two small bombs at police stations, and one at a bridge following elections last year.
The seven were charged with terrorism, banditry and insurgency, and could face the death penalty if convicted.
Muchadahama told the court the charges were "ridiculous and scandalous." He told the court the state has no credible evidence against them to warrant them being held and said all seven were tortured when they were arrested.
These seven are the first of about 30 people who disappeared or were abducted late last year to be charged in a court of law. There are another 10 who have made statements to the police, but still have not appeared in court, and Zimbabwe Lawyers for Human Rights said they believe at least another 13 people are in police stations somewhere around Harare.
Lawyer Beatrice Mtetwa, who is defending human rights campaigner Jestina Mukoko, said she has been granted a hearing by Zimbabwe's constitutional court Monday to determine if her client's case can be heard as an urgent matter.
Mtetwa has argued that Mukoko's constitutional rights have been badly abused. She said Mukuko was not arrested with a warrant, but kidnapped from her home, and was mistreated in custody. She said her client has been denied access to her lawyers and refused permission to be examined by her own doctors.
Mukoko was accused by police of being part of a plot to recruit people for military training in Botswana to overthrow President Robert Mugabe.
The High Court ordered Mukoko and eight others be taken to a hospital on Christmas Eve, but the police defied that order. The High Court also demanded the rest of the group be released from police cells immediately, saying their detention was illegal.
Lawyers say they believe the police have video confessions made shortly after those being held were abducted and that those confessions were made under duress.
Lawyer Alex Muchadahama went to court to claim the state has no case against his clients and charges against them should be dropped.
His seven clients, including the Movement for Democratic Change's security director Chris Dlamini and party leader Morgan Tsvangirai's former personal assistant Ghandi Mudzingwa, were accused Wednesday in Harare High Court of planting two small bombs at police stations, and one at a bridge following elections last year.
The seven were charged with terrorism, banditry and insurgency, and could face the death penalty if convicted.
Muchadahama told the court the charges were "ridiculous and scandalous." He told the court the state has no credible evidence against them to warrant them being held and said all seven were tortured when they were arrested.
These seven are the first of about 30 people who disappeared or were abducted late last year to be charged in a court of law. There are another 10 who have made statements to the police, but still have not appeared in court, and Zimbabwe Lawyers for Human Rights said they believe at least another 13 people are in police stations somewhere around Harare.
Lawyer Beatrice Mtetwa, who is defending human rights campaigner Jestina Mukoko, said she has been granted a hearing by Zimbabwe's constitutional court Monday to determine if her client's case can be heard as an urgent matter.
Mtetwa has argued that Mukoko's constitutional rights have been badly abused. She said Mukuko was not arrested with a warrant, but kidnapped from her home, and was mistreated in custody. She said her client has been denied access to her lawyers and refused permission to be examined by her own doctors.
Mukoko was accused by police of being part of a plot to recruit people for military training in Botswana to overthrow President Robert Mugabe.
The High Court ordered Mukoko and eight others be taken to a hospital on Christmas Eve, but the police defied that order. The High Court also demanded the rest of the group be released from police cells immediately, saying their detention was illegal.
Lawyers say they believe the police have video confessions made shortly after those being held were abducted and that those confessions were made under duress.
Polanski's Lawyers Seek to Have Sex Case Dismissed
Lawyers for fugitive film director Roman Polanski on Monday sought to have a 1970s rape case against him dismissed, accusing the Los Angeles County Superior Court of bias and prejudice against the director.
Polanski fled to his native France in 1978 after being convicted of having sex with a 13-year-old girl. He has never returned to the United States since then.
Attorneys Chad Hummel and Bart Dalton, who filed court papers last month seeking the dismissal of Polanski's case, joined former Polanski attorney Douglas Dalton on Monday in calling for the matter to be referred to the California Judicial Council for "selection of an impartial, out-of-county judicial officer."
The lawyers filed a 20-page motion arguing that the Los Angeles Superior Court system "should be disqualified from deciding the central issues of judicial and prosecutorial misconduct presented in the request."
"There is no question that a reasonable person would entertain doubts concerning the court's ability to be impartial here," the lawyers wrote.
Court spokesman Allan Parachini said he had no response to the latest filing, noting that it is a "pending case at this point."
A hearing has been set for Jan. 21 before a judge of the Los Angeles Superior Court on the defense's request for the court to dismiss the case.
In its filing last month, the defense contended that there was "extraordinary new evidence" of prosecutorial and judicial misconduct in the handling of the Oscar-winning director's case. Such evidence were mostly detailed in the recent television documentary "Roman Polanski: Wanted and Desired."
The attorneys argued in their motion last month that the restriction on Polanski's travels "has not only deprived him of his basic freedoms, but has also deprived him of numerous opportunities to work on film projects outside France."
Polanski won an Academy Award for directing "The Pianist," and was nominated for directing "Tess" and "Chinatown." He also won an Oscar nomination for writing the adapted screenplay for "Rosemary's Baby."
Polanski fled to his native France in 1978 after being convicted of having sex with a 13-year-old girl. He has never returned to the United States since then.
Attorneys Chad Hummel and Bart Dalton, who filed court papers last month seeking the dismissal of Polanski's case, joined former Polanski attorney Douglas Dalton on Monday in calling for the matter to be referred to the California Judicial Council for "selection of an impartial, out-of-county judicial officer."
The lawyers filed a 20-page motion arguing that the Los Angeles Superior Court system "should be disqualified from deciding the central issues of judicial and prosecutorial misconduct presented in the request."
"There is no question that a reasonable person would entertain doubts concerning the court's ability to be impartial here," the lawyers wrote.
Court spokesman Allan Parachini said he had no response to the latest filing, noting that it is a "pending case at this point."
A hearing has been set for Jan. 21 before a judge of the Los Angeles Superior Court on the defense's request for the court to dismiss the case.
In its filing last month, the defense contended that there was "extraordinary new evidence" of prosecutorial and judicial misconduct in the handling of the Oscar-winning director's case. Such evidence were mostly detailed in the recent television documentary "Roman Polanski: Wanted and Desired."
The attorneys argued in their motion last month that the restriction on Polanski's travels "has not only deprived him of his basic freedoms, but has also deprived him of numerous opportunities to work on film projects outside France."
Polanski won an Academy Award for directing "The Pianist," and was nominated for directing "Tess" and "Chinatown." He also won an Oscar nomination for writing the adapted screenplay for "Rosemary's Baby."
2009年5月12日星期二
Firms Court Lawyers as WTO Impact Felt
Lawyers in Beijing's high-tech hub, Zhongguancun, are set to be among the first winners of China's entry to the World Trade Organization (WTO) as nervous enterprises rush for legal help.
Fears that competition from foreign companies entering the domestic market will prove too strong have led many business chiefs to seek expert advice.
"Lawyers are deeply involved in the development of enterprises with their resources and good suggestions," said Wei Xin, with the Beijing Beida Founder Group Corporation.
"It is an outdated notion that lawyers are only needed when the enterprises are in big trouble."
Wei's enterprise - one of the world's largest providers of typesetting software - has been toasting success after a courtroom battle on pirated products.
Wei stressed the role of his legal team in deciphering rules and regulations for the company and pitching in with legal advice regarding its business strategies.
A recent survey conducted by the Judicial Bureau of Haidian District, where Zhongguancun is located, revealed that the more mature the enterprises, the more attention attached to the role of lawyers.
"Most of the mature high-tech enterprises have their own legal consultants or have special departments within their enterprises to handle legal matters. Some have even showed a certain degree of specialization," said Liu Hong, head of the Haidian Judicial Bureau.
But the large market is not all good news for Chinese lawyers. China's commitments to the WTO mean more foreign lawyers will be allowed into China's legal services market to provide clients with legal consultations.
Liu said Chinese lawyers in Zhongguancun still have much room for improvement.
"We noticed that the major business for lawyers, though they are providing legal service to high-tech enterprises, is still restricted to traditional fields, and have only limited involvement in such new legal services as venture capital and limited partnership," said Liu.
She also urged lawyers to do more to help start-ups in Zhongguancun, which the bureau's survey found are still managing to survive and barely have time to consider legal matters.
An improvement in the quality of legal services is expected to be the focus of work of the judicial departments next year. Zhang Fusen, minister of justice, urged a national conference for improved training of high-calibre lawyers proficient in laws, foreign languages and other fields such as high-tech and economics.
But the primary task for Chinese lawyers now, according to Shen Sibao, law professor with the University of International Business and Economics and himself a lawyer in Zhongguancun, is to study the rules of the WTO and help enterprises understand their rights and duties under China's WTO membership.
Fears that competition from foreign companies entering the domestic market will prove too strong have led many business chiefs to seek expert advice.
"Lawyers are deeply involved in the development of enterprises with their resources and good suggestions," said Wei Xin, with the Beijing Beida Founder Group Corporation.
"It is an outdated notion that lawyers are only needed when the enterprises are in big trouble."
Wei's enterprise - one of the world's largest providers of typesetting software - has been toasting success after a courtroom battle on pirated products.
Wei stressed the role of his legal team in deciphering rules and regulations for the company and pitching in with legal advice regarding its business strategies.
A recent survey conducted by the Judicial Bureau of Haidian District, where Zhongguancun is located, revealed that the more mature the enterprises, the more attention attached to the role of lawyers.
"Most of the mature high-tech enterprises have their own legal consultants or have special departments within their enterprises to handle legal matters. Some have even showed a certain degree of specialization," said Liu Hong, head of the Haidian Judicial Bureau.
But the large market is not all good news for Chinese lawyers. China's commitments to the WTO mean more foreign lawyers will be allowed into China's legal services market to provide clients with legal consultations.
Liu said Chinese lawyers in Zhongguancun still have much room for improvement.
"We noticed that the major business for lawyers, though they are providing legal service to high-tech enterprises, is still restricted to traditional fields, and have only limited involvement in such new legal services as venture capital and limited partnership," said Liu.
She also urged lawyers to do more to help start-ups in Zhongguancun, which the bureau's survey found are still managing to survive and barely have time to consider legal matters.
An improvement in the quality of legal services is expected to be the focus of work of the judicial departments next year. Zhang Fusen, minister of justice, urged a national conference for improved training of high-calibre lawyers proficient in laws, foreign languages and other fields such as high-tech and economics.
But the primary task for Chinese lawyers now, according to Shen Sibao, law professor with the University of International Business and Economics and himself a lawyer in Zhongguancun, is to study the rules of the WTO and help enterprises understand their rights and duties under China's WTO membership.
Chinese lawyers try to stop Christie's sale of stolen relics
BEIJING, Feb. 10 (Xinhua) -- A team of 81 Chinese lawyers has written to auction giant Christie's in an effort to stop the sale of two bronze relics, which were looted from an old Beijing palace.
The two artifacts, the Qing Dynasty (1644-1911) bronze rabbit and rat head sculptures, will be auctioned by Christie's in Paris from Feb. 23 to 25. They were expected to fetch 8 million to 10 million euros (about 10.4 to 13 million U.S. dollars) each.
"We've sent a letter to Christie's representative in China through e-mail," Liu Yang, one of the lawyers working on the case, told Xinhua. The letter will also be sent to Christie's headquarters by a liaison person in France, he said.
Liu said they hope Christie's could give a second thought to the sale of the Chinese relics, withdraw them from the auction and persuade the owner of the stolen artifacts to return them to China.
The two bronze head sculptures were housed in Yuanmingyuan, Beijing's Imperial Summer Palace. They were stolen when the palace was burnt down by Anglo-French allied forces during the Second Opium War in 1860.
The rabbit and rat head sculptures currently belong to the Pierre Berge-Yves Saint Laurent Foundation and were put up for auction by Pierre Berge.
Liu said his team had also sent a letter to Pierre Berge, asking him not to auction the relics and return them to China.
He said his team would sue Pierre Berge if there were no "positive feedback from them (Pierre Berge and Christie's) within a reasonable period". Christie's would be involved in the lawsuit as the third party. But he declined to say how long his team would wait for the "positive feedback".
Christie's Public Relations Officer in China Chen Yan confirmed that the company's Beijing office had received the letter.
Chen said the sale of all the Yves Saint Laurent and Pierre Berge collection will go for charity. All the articles, including the two Yuanmingyuan bronze sculptures, have legal documents showing that they are possessed by their keepers legally, she said.
"Therefore, the auction will go on as scheduled," she said in an e-mail to Xinhua.
Chen said Christie's understands that the auction of the two bronze sculptures is "sensitive" in China and hopes to work with other parties to find a "satisfactory" solution.
China and France signed the 1995 Unidroit Convention on Stolen or Illegally Exported Cultural Objects, which stipulated that any cultural object looted or lost because of reasons of war should be returned without any limitation of time span.
Liu refuted Chen's comments and said Pierre Berge does not have legal ownership of the two sculptures.
He said according to the principle of the Civil Law System, the right of the owner of an article will not exceed the right of the article's previous owner.
"The fact that the sculptures were stolen from China and illegally possessed by some people previously, means that the ownership of their current keeper is not legal," he said.
Christie's carried a detailed introduction of the two bronzes on its website, saying that the two formed part of the zodiacal clepsydra that decorated the Calm Sea Pavilion in the Old Summer Palace of Emperor Qianlong (1736-1795).
"Constructed between 1756 and 1759 under the supervision of the famous Jesuit priest Giuseppe Castiglione, the heads are characterized by a distinctly western style," Mathilde Courteault, head of the company's Asian Department, was quoted by the website as saying.
"The clepsydra comprised the 12 animals of the Chinese zodiac each of which, in their turn, spouted water to mark the various hours of the day with the exception of midday, when this elaborate hydraulic mechanism triggered all of the animals simultaneously," Courteault said.
Early reports said Liu and his team had had trouble finding an appropriate plaintiff to sue Christie and channeling enough money for the lawsuit.
But Liu said those problems were gone as the Global Aixinjueluo Family Clan, a civil society registered in Hong Kong, has agreed to be the plaintiff. Aixinjueluo is the clan name of the emperors of the Qing Dynasty.
A company in Shenzhen in south China agreed to donate 400,000 yuan (58,823 U.S. dollars) to the lawyers to cover the legal cost, Liu said. He declined to release the company's name and said his team still need to sign an agreement with the company before they get the money.
The action of the lawyers has gained support from many Chinese netizens, who are furious about the auction. Many netizens pasted comments on the forum of sina.com, saying that "looted relics must be returned to China for free."
China's State Administration of Cultural Heritage (SACH) said earlier that Christie's auction of the two stolen relics is unacceptable and China will not try to buy them back.
Song Xinchao, director of the museum department with the SACH, said the best way to deal with the issue was to ignore it, because some business people might use the patriotism of the Chinese people to raise bidding prices for monetary gain.
The American auction house Sotheby's tried to put a bronze horse head for auction in 2007. But Macao billionaire Stanley Ho bought the relic at a price of 69.1 million Hong Kong dollars (about 9 million U.S. dollars) before the auction and donated it to the Chinese government.
China's Special Fund for Rescuing Lost Cultural Relics from overseas had negotiated with the keeper of the two relics in 2003 and 2004, but were deterred by an asking price of 10 million U.S. dollars for each artifact.
So far, five of the 12 bronze animal heads have already been returned to China, while the whereabouts of five others is unknown.
The two artifacts, the Qing Dynasty (1644-1911) bronze rabbit and rat head sculptures, will be auctioned by Christie's in Paris from Feb. 23 to 25. They were expected to fetch 8 million to 10 million euros (about 10.4 to 13 million U.S. dollars) each.
"We've sent a letter to Christie's representative in China through e-mail," Liu Yang, one of the lawyers working on the case, told Xinhua. The letter will also be sent to Christie's headquarters by a liaison person in France, he said.
Liu said they hope Christie's could give a second thought to the sale of the Chinese relics, withdraw them from the auction and persuade the owner of the stolen artifacts to return them to China.
The two bronze head sculptures were housed in Yuanmingyuan, Beijing's Imperial Summer Palace. They were stolen when the palace was burnt down by Anglo-French allied forces during the Second Opium War in 1860.
The rabbit and rat head sculptures currently belong to the Pierre Berge-Yves Saint Laurent Foundation and were put up for auction by Pierre Berge.
Liu said his team had also sent a letter to Pierre Berge, asking him not to auction the relics and return them to China.
He said his team would sue Pierre Berge if there were no "positive feedback from them (Pierre Berge and Christie's) within a reasonable period". Christie's would be involved in the lawsuit as the third party. But he declined to say how long his team would wait for the "positive feedback".
Christie's Public Relations Officer in China Chen Yan confirmed that the company's Beijing office had received the letter.
Chen said the sale of all the Yves Saint Laurent and Pierre Berge collection will go for charity. All the articles, including the two Yuanmingyuan bronze sculptures, have legal documents showing that they are possessed by their keepers legally, she said.
"Therefore, the auction will go on as scheduled," she said in an e-mail to Xinhua.
Chen said Christie's understands that the auction of the two bronze sculptures is "sensitive" in China and hopes to work with other parties to find a "satisfactory" solution.
China and France signed the 1995 Unidroit Convention on Stolen or Illegally Exported Cultural Objects, which stipulated that any cultural object looted or lost because of reasons of war should be returned without any limitation of time span.
Liu refuted Chen's comments and said Pierre Berge does not have legal ownership of the two sculptures.
He said according to the principle of the Civil Law System, the right of the owner of an article will not exceed the right of the article's previous owner.
"The fact that the sculptures were stolen from China and illegally possessed by some people previously, means that the ownership of their current keeper is not legal," he said.
Christie's carried a detailed introduction of the two bronzes on its website, saying that the two formed part of the zodiacal clepsydra that decorated the Calm Sea Pavilion in the Old Summer Palace of Emperor Qianlong (1736-1795).
"Constructed between 1756 and 1759 under the supervision of the famous Jesuit priest Giuseppe Castiglione, the heads are characterized by a distinctly western style," Mathilde Courteault, head of the company's Asian Department, was quoted by the website as saying.
"The clepsydra comprised the 12 animals of the Chinese zodiac each of which, in their turn, spouted water to mark the various hours of the day with the exception of midday, when this elaborate hydraulic mechanism triggered all of the animals simultaneously," Courteault said.
Early reports said Liu and his team had had trouble finding an appropriate plaintiff to sue Christie and channeling enough money for the lawsuit.
But Liu said those problems were gone as the Global Aixinjueluo Family Clan, a civil society registered in Hong Kong, has agreed to be the plaintiff. Aixinjueluo is the clan name of the emperors of the Qing Dynasty.
A company in Shenzhen in south China agreed to donate 400,000 yuan (58,823 U.S. dollars) to the lawyers to cover the legal cost, Liu said. He declined to release the company's name and said his team still need to sign an agreement with the company before they get the money.
The action of the lawyers has gained support from many Chinese netizens, who are furious about the auction. Many netizens pasted comments on the forum of sina.com, saying that "looted relics must be returned to China for free."
China's State Administration of Cultural Heritage (SACH) said earlier that Christie's auction of the two stolen relics is unacceptable and China will not try to buy them back.
Song Xinchao, director of the museum department with the SACH, said the best way to deal with the issue was to ignore it, because some business people might use the patriotism of the Chinese people to raise bidding prices for monetary gain.
The American auction house Sotheby's tried to put a bronze horse head for auction in 2007. But Macao billionaire Stanley Ho bought the relic at a price of 69.1 million Hong Kong dollars (about 9 million U.S. dollars) before the auction and donated it to the Chinese government.
China's Special Fund for Rescuing Lost Cultural Relics from overseas had negotiated with the keeper of the two relics in 2003 and 2004, but were deterred by an asking price of 10 million U.S. dollars for each artifact.
So far, five of the 12 bronze animal heads have already been returned to China, while the whereabouts of five others is unknown.
Polanski's Lawyers Seek to Have Sex Case Dismissed
Lawyers for fugitive film director Roman Polanski on Monday sought to have a 1970s rape case against him dismissed, accusing the Los Angeles County Superior Court of bias and prejudice against the director.
Polanski fled to his native France in 1978 after being convicted of having sex with a 13-year-old girl. He has never returned to the United States since then.
Attorneys Chad Hummel and Bart Dalton, who filed court papers last month seeking the dismissal of Polanski's case, joined former Polanski attorney Douglas Dalton on Monday in calling for the matter to be referred to the California Judicial Council for "selection of an impartial, out-of-county judicial officer."
The lawyers filed a 20-page motion arguing that the Los Angeles Superior Court system "should be disqualified from deciding the central issues of judicial and prosecutorial misconduct presented in the request."
"There is no question that a reasonable person would entertain doubts concerning the court's ability to be impartial here," the lawyers wrote.
Court spokesman Allan Parachini said he had no response to the latest filing, noting that it is a "pending case at this point."
A hearing has been set for Jan. 21 before a judge of the Los Angeles Superior Court on the defense's request for the court to dismiss the case.
In its filing last month, the defense contended that there was "extraordinary new evidence" of prosecutorial and judicial misconduct in the handling of the Oscar-winning director's case. Such evidence were mostly detailed in the recent television documentary "Roman Polanski: Wanted and Desired."
The attorneys argued in their motion last month that the restriction on Polanski's travels "has not only deprived him of his basic freedoms, but has also deprived him of numerous opportunities to work on film projects outside France."
Polanski won an Academy Award for directing "The Pianist," and was nominated for directing "Tess" and "Chinatown." He also won an Oscar nomination for writing the adapted screenplay for "Rosemary's Baby."
Polanski fled to his native France in 1978 after being convicted of having sex with a 13-year-old girl. He has never returned to the United States since then.
Attorneys Chad Hummel and Bart Dalton, who filed court papers last month seeking the dismissal of Polanski's case, joined former Polanski attorney Douglas Dalton on Monday in calling for the matter to be referred to the California Judicial Council for "selection of an impartial, out-of-county judicial officer."
The lawyers filed a 20-page motion arguing that the Los Angeles Superior Court system "should be disqualified from deciding the central issues of judicial and prosecutorial misconduct presented in the request."
"There is no question that a reasonable person would entertain doubts concerning the court's ability to be impartial here," the lawyers wrote.
Court spokesman Allan Parachini said he had no response to the latest filing, noting that it is a "pending case at this point."
A hearing has been set for Jan. 21 before a judge of the Los Angeles Superior Court on the defense's request for the court to dismiss the case.
In its filing last month, the defense contended that there was "extraordinary new evidence" of prosecutorial and judicial misconduct in the handling of the Oscar-winning director's case. Such evidence were mostly detailed in the recent television documentary "Roman Polanski: Wanted and Desired."
The attorneys argued in their motion last month that the restriction on Polanski's travels "has not only deprived him of his basic freedoms, but has also deprived him of numerous opportunities to work on film projects outside France."
Polanski won an Academy Award for directing "The Pianist," and was nominated for directing "Tess" and "Chinatown." He also won an Oscar nomination for writing the adapted screenplay for "Rosemary's Baby."
2009年5月11日星期一
Lawyers in My Eyes
“What is a lawyer?” I asked myself the other day.
“Well, it is a well- paid and prestigious occupation.” I answered without a second thought.
“Sort of, and then what do lawyers do?”
“Most of the time they deal with legal cases, give legal advice to the clients and the like.”
“Yes. And how about your understanding about this occupation?”
“My…my understanding? Er…” My mind got blocked and then fell into blankness. It is not that difficult, but ironically I couldn’t give an immediate reply. Why is that? I am puzzled. It is not a question the same as blank-filling or multiple choice whose answer can be promptly distinguished at the first sight. It is the one that needs deeper and more profound consideration. To find out my answer to the question, I spent a whole day surfing the Internet and browsing dozens of relevant information. And finally I got my own idea.The art of lawyer, according to He Weifang, a former renowned professor of Law School of Peking University, can not simply be gained from stereotyped knowledge from your reference books or segmented precepts from your parents. Only through perennial practice and experience can one open the door of success. In another word, persistent devotion and strong will are indispensable elements contributing to a lawyer’s success, which can be vividly exemplified by Erin Brockovich, an American law practitioner whose legendary experience was adapted as a film starring Julia Roberts. Her heart and soul was dedicated to finding out the hidden truth behind the water contamination incident. And through thick and thin, she miraculously won the largest American law suit--- forcing the culprit to pay a whopping $333,000,000 to the victims who had suffered respiratory disease, kidney and liver disorder, and colon cancer from using the contaminated water.
Aristotle once put it, "The law is reason free from passion!" But his idea was hardly accepted by an uprising star of legal profession Elle Woods, a sexy, charming, and outstanding Harvard law student and later a successful lawyer in the famous comedy Legally Blonde. On her graduation ceremony at Harvard, she made a powerful and persuasive speech to illustrate the key component of studying law. “In my three years at Harvard,” she uttered, “I've come to find that passion is the key ingredient to the study and practice of law -- and of life. It's with passion, courage of conviction, strong sense of self that we take our next steps into the world! Remembering the first impressions are not always correct. You must always have faith in people. And most importantly, you must have faith in yourself!” I was totally convinced and in fact quite enthusiastic when I saw this part. She is right. Lawyers should not only possess the character of perseverance but be definitely faithful and passionate to the lofty profession.
In general, lawyers, as I see it, are first of all the incarnation of fairness and justice. They are the best interpreter of law and protector of the innocence. They occupy a strong sense of logic reasoning and are tremendously courageous in the light of the fact that “no one would take on the case... until ‘one man ’was willing to take on the system.”
“Well, it is a well- paid and prestigious occupation.” I answered without a second thought.
“Sort of, and then what do lawyers do?”
“Most of the time they deal with legal cases, give legal advice to the clients and the like.”
“Yes. And how about your understanding about this occupation?”
“My…my understanding? Er…” My mind got blocked and then fell into blankness. It is not that difficult, but ironically I couldn’t give an immediate reply. Why is that? I am puzzled. It is not a question the same as blank-filling or multiple choice whose answer can be promptly distinguished at the first sight. It is the one that needs deeper and more profound consideration. To find out my answer to the question, I spent a whole day surfing the Internet and browsing dozens of relevant information. And finally I got my own idea.The art of lawyer, according to He Weifang, a former renowned professor of Law School of Peking University, can not simply be gained from stereotyped knowledge from your reference books or segmented precepts from your parents. Only through perennial practice and experience can one open the door of success. In another word, persistent devotion and strong will are indispensable elements contributing to a lawyer’s success, which can be vividly exemplified by Erin Brockovich, an American law practitioner whose legendary experience was adapted as a film starring Julia Roberts. Her heart and soul was dedicated to finding out the hidden truth behind the water contamination incident. And through thick and thin, she miraculously won the largest American law suit--- forcing the culprit to pay a whopping $333,000,000 to the victims who had suffered respiratory disease, kidney and liver disorder, and colon cancer from using the contaminated water.
Aristotle once put it, "The law is reason free from passion!" But his idea was hardly accepted by an uprising star of legal profession Elle Woods, a sexy, charming, and outstanding Harvard law student and later a successful lawyer in the famous comedy Legally Blonde. On her graduation ceremony at Harvard, she made a powerful and persuasive speech to illustrate the key component of studying law. “In my three years at Harvard,” she uttered, “I've come to find that passion is the key ingredient to the study and practice of law -- and of life. It's with passion, courage of conviction, strong sense of self that we take our next steps into the world! Remembering the first impressions are not always correct. You must always have faith in people. And most importantly, you must have faith in yourself!” I was totally convinced and in fact quite enthusiastic when I saw this part. She is right. Lawyers should not only possess the character of perseverance but be definitely faithful and passionate to the lofty profession.
In general, lawyers, as I see it, are first of all the incarnation of fairness and justice. They are the best interpreter of law and protector of the innocence. They occupy a strong sense of logic reasoning and are tremendously courageous in the light of the fact that “no one would take on the case... until ‘one man ’was willing to take on the system.”
Lawyers and jurists
We note that an increasing number of judges in the public media published an article on judicial decisions to the country's legal system, to comment, my judicial authorities also encourage the judge in the Magistrate's reasoning instruments to add the ingredients, and even the State system the judge appointment also advocated the reform of the judges and scholars. These are very encouraging. However, we also have a little bit of worry, this will not be a serious pan-academic activities of the administration of justice will not undermine the national judicial dignity, will delay the process of China's rule of law? For example, when the parties get the case after the entry into force of the verdict, on a sudden to see a judge in open court published an article on the case of the judge to the contrary, the parties will enter into force the decision to have a resistance? When the judge in a television interview with reporters and openly to the existing law harshly criticized the parties to the legal norms in the judicial activities of the application will have a negative thought? It can be said that the judge is of the scholars, but, the judge frequently in public media comment on the case, even the author of the law of the country for criticism, seems unlikely to match the identity of the judge. We are carrying out judicial reform, lawyers must not be blurred with the concept of these two jurists, in many cases, lawyers and jurists can not be confused with the role, but can not be wrong. Judges should be the law, and He is fluent in the law of the country, to skilled legal norms to link up with the facts in order to make a judicial judgments. The inadequacy of the existing law to other judges of the court decision, he can have their own views, but in the open to express their point of view, we must be careful. Justice is the practice of law, and during the administration of justice, his work is transparent, but, in the face of the other judges of the administration of justice or the lack of legal norms, he must be limited to maintain silence, as it relates to the law the dignity of the judicial activities related to the seriousness of the problem. When the Hong Kong Court of Final Appeal Justice Ti-liang Yang, a bill of Hong Kong public opinion, have repeatedly reiterated that they are not in his capacity as a judge to express their views, and reassuring, even if they do not agree that the Government's bill, in the future decision in accordance with the law will appear. As a family law judges, the acts of the basic bottom line is that legal norms. He should not be too much of the current criticism of the law should not be on the other judges over judicial activities of the judge, in court, he should be the convergence behavior of the hermit. Only in this way, when he was making a decision in accordance with the law, will have credibility. Can not imagine that a criticism of the existing law was devoid of any merit the judge able to apply what he considers the "laws" to decide the case. Can not imagine a regular criticism of other judicial decisions made by the judge's ruling will be the people's respect. Professional judges in published papers, not because of professional publications for the general public, not circulation, but the judge, speaking in public media must be careful, because judges are people who have a special mission. In the Microsoft case, Judge Jackson, the Court of First Instance in adjudicating cases, the frequent contacts with the mass media, Microsoft made public on the adverse remarks, resulting in the court were withdrawn. To withdraw the Court of Appeal ruling in the remand determination, the judge clearly pointed out that Jackson's actions violated the judge's professional conduct. Code of Practice for the future of our judges should also be clear that the judges can not be in the public media, the judicial activities and to comment on the current legal system. Of course, in the specific operation, the actual situation can be considered to develop a more detailed code of conduct. Jurists are different, they are a group of social woodpecker, their country's legislative and judicial activities criticism, the rule of law so as to promote the development of society as a whole. If family law is the rule of law in the pursuit of objectivity, then the jurists is the rule of law in pursuit of the scientific. The functions of the two different mechanisms of social restraint are also different. One of the greatest jurists of the privilege is that we can openly criticize the country's laws, because only jurists continue to carry out "constructive sabotage", the country's legal system will become more scientific. Jurists of the bottom line is social responsibility, by his or her academic accomplishment for the rule of law continue to provide new food for change, thereby promoting the progress of the rule of law. Jurists should be able to play the role of legislators, but in many cases, jurists merely "neutral" position that people may be more conducive to building the rule of law. Can not deny that lawyers and jurists of the role is interchangeable. Jurists today, tomorrow it may become law at home. On the contrary, the law has the potential to become the home of Jurists. However, in the role of change, our lawyers or jurists must become familiar with their new roles in order to avoid, "deviance" is not conducive to the rule of law matters. It is true that judges have the task of popularizing legal knowledge, but the judge is a judicial law popularization activities more performance out. Jurist Law Popularization he means completely different. Such lawyers and jurists of the natural division of labor, in fact, in order to better serve the rule of law, because if the administration of justice as the legal home of jurists who lack the "spot" supervision, may be fit of narcissism, satisfied with the status quo, China's the rule of law is the lack of power. The author claims to be lawyers and jurists separated from home there is no legal theory as a lack of preparation for the meaning of technocrats. My point is that the role of the judges of their own must have a clear understanding, to some extent to be willing to loneliness. Can not be overemphasized in the mass media publicity on the idea of their own. A judge advocate is not a good judge, a judge is not too much publicity is a good judge.
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