【新唐人2013年12月06日讯】在西方国家，律师不但收入稳定而且拥有崇高的社会地位。而在中国，律师的地位则十分尴尬，尤其是维权律师，虽然在民间很受欢迎，却经常受到中共公、检、法部门的百般刁难，不但尊严被肆意践踏，甚至会遭受人身伤害、失去自由。尽管国际社会对大陆维权律师的艰难处境极为关注，并多次谴责中共当局，但维权律师的待遇依然没有得到丝毫改善。
维权律师，是中国大陆独有的特殊职业，因大量维权事件和社会矛盾而产生，专门维护弱势群体权益，与公权力抗争，却得不到律师应有的对待，生存环境步履维艰。
山东威海维权律师李向阳：“因为我做的案子都是比较敏感，比如说起诉政府的了，起诉强势财团的了，每个案子都会受到刁难。”
山东济南维权律师刘卫国：“通常情况下是一些敏感案件、比如说跟政府相关的这种案件，还有信仰案件。”
维权律师们表示，最多的刁难，通常来自公、检、法、司等部门。
例如，在刑事案件侦查阶段，律师如果想见到被告人，需要办案人员的安排而不是批准，但警察往往会找各种借口拖延。
刘卫国：“现在的律师在侦查阶段，主要的冲突就是跟看守所之间发生的，所以你去会见，他即便有会见室，他也有可能不安排你会见。他会说你要先预约，然后刁难你48小时。”
而当律师向侦查机关了解案情或需要提供证据时，侦查机关大多置之不理，甚至出示假证。
刘卫国：“在律师了解案件以后，发现案子有问题，有些证据需要补充，有的被告罪轻甚至可能无罪，那么你如果给警察提供这个信息的时候呢，他有的时候不去调查，有的时候可能直接去威胁证人，让证人按照警方所需要的口供去陈述，那律师再去找的时候，可能这个证人口供就变了。”
在检察院，维权律师经常会被延迟甚至拒绝阅卷。到了法院，律师们又会被强制“安检”，遭遇搜身和扫描，但实际上中国法律并没相关规定，因此对律师们来说，这种“安检”是对他们最大的侮辱，但很多律师对因为拒绝和抗议“安检”被非法拘留。
在熬过重重刁难和阻挠后，维权律师在开庭时还会被禁止出庭辩护、辩护时会被法官随意打断说话等。
刘卫国：“现在公安局、检察院，利用各种各样的法律上的漏洞来故意刁难律师。他们这种做法无疑是践踏法制的，之所以出现这种情况，还是司法不独立，现在是警察操控整个的审判程序，操控检察院、操控法院。”
几乎所有的维权律师都受过来自公权力机关的威胁、恐吓、羞辱和报复，严重的还会被暴力攻击、吊销执照、非法拘禁甚至判刑，经常有维权律师会因此失踪。
中国维权律师梁小军在博客中写到：“从王全璋律师被拘到程海律师被打，接连发生的侵犯律师执业权利和人身权利的事绝非偶然：高智晟律师还在新疆沙雅监狱服刑﹔滕彪律师在石家庄被法警架着扔出法院﹔唐吉田律师和刘巍律师的‘ 吊照门’，被吊销律师执照﹔张凯律师和李春富律师，在重庆江津被铐于铁笼﹔李静林律师在满洲里开庭的前夜，在宾馆被抢劫﹔我在山东招远，被拒于开庭的看守所之外，被流氓推搡……。”
李向阳：“专制强权下，没有法律而言，中国当前，法律远远解决不了社会矛盾。”
一位名律师感慨：一个真正崇尚法治的国家，就会必然重视律师的社会地位。国家的法治实行程度，可以从律师在社会中的地位作为尺规。由于律师是直接的执法者，所以他们对法律的理解与评价是其他人莫所能及的。
因此，不难理解，在中国大陆，为什么连律师都已经不再相信法律。
采访/陈汉 编辑/张天宇 后制/葛雷
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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.
