【新唐人2012年3月23日讯】在大陆要当律师，必须在取得执业许可后三个月内，宣示“效忠国家、拥护共产党和社会主义制度”。这是大陆司法部最近下令即将实行的律师宣誓制度。分析人士认为，这是北京当局对律师进一步加强管控的措施，原因是，近年来从事维权工作最多的行业，就是律师。
中共司法部最近出台的《关于建立律师宣誓制度的决定》，要求律师宣示“对共产党效忠”，引来争议。在世界许多国家和地区，律师在执业前也要进行宣誓，不过他们宣誓的誓词，大多是遵守宪法和法律以及维护司法公正。
早在2000年6月，中国“律师协会”就制定了《关于实行律师执业宣誓制度的决定》，不过当时并没有有效执行。去年中共当局在对异见人士的镇压行动中，未经指控就拘捕了几十名维权律师，舆论认为，这项新制度是在加强对律师业的管控。
对此，大陆作家陈永苗表示，宣示制度是要达到控制律师的目地。
陈永苗：“例如说，像维权律师这样群体出来之后，那就产生了对它政治产生了很大冲击，所以它觉得就是可能市场化来说，对律师来说，他产生了土壤，他不听体制的话，譬如说参加维权活动，或是对维权事件提供法律服务，替法轮功也提供法律服务，所以他就想加强对律师的政治领导和政治控制。”
司法部律师公证工作指导司负责人向媒体表示，誓词内容充分体现了“律师是‘中国特色社会主义’法律工作者的政治定位和职业定位”。
陈永苗表示，律师要“忠于共产党、维护社会主义”的话，就会对律师的执业产生很大的限制。当初他就是因为不满这两个条款，而丢了律师执照。
陈永苗：“例如说，本来应该做无罪辩护的，就被要求做有罪辩护，那么就出现非常多的律师辩护权的限制，跟（限制）律师的执业行为。例如说，按照中国法律，对中国法轮功案子的辩护或是一个诉讼的行为，那律师就不能做，对群体性的案子律师是不准做的，你这个就不满足‘忠于中国共产党，维护社会主义’这两条啦。”
美国华府人权律师叶宁表示，所有的个人、团体、党派、武装力量，必须在宪法、法律下面，宣示效忠共产党这个特殊的利益团体，才能获得律师资格的话，那律师执行法律业务时的超然立场，就荡然无存了。
叶宁：“这样一种宣示制度，真是大开历史倒车，中共现在这些权贵、资本主义的维稳派，在高唱政治改革的调子，一方面出台的尽是那些极权主义的政治垃圾。甚么刑事诉讼法73条，可以无限期的秘密关押，可以进行这种人身迫害和自由的失踪，让中国的公民权处于随时可以被失踪的这种境地。”
而舆论对于规定律师宣誓效忠共产党，更是议论纷纷，许多人认为宣誓没有实际意义，还有人举贪官为例说，当年贪官入党时也曾宣过誓，但根本没有起到制约作用。
采访/朱智善 编辑/李庭 后制/周平
China New Lawyers Oath Policy
To become or remain a lawyer in China, one must now
“declare loyalty to the Chinese Communist Party (CCP).”
This is the upcoming system of lawyers’ oath
which was newly ordered by the Ministry of Justice.
Analysts believe this measure of Beijing authorities
further strengthens the control over lawyers.
In recent years, the sector most engaged
in human rights protection work is lawyers’.
CCP's Ministry of Justice recently issued
“decisions on establishment of lawyers’ oath system.”
This requires lawyers to declare loyalty to CCP,
which has caused some controversy.
In many countries and regions of the world,
lawyers also need to declare oath before their practice.
However, their oaths declare that they will abide the law
and the Constitution, as well as the interests of justice.
In June 2000, China Lawyers Association established
“decisions on implementation of lawyers’ oath system.”
However, it was not implemented effectively at that time.
In the crackdown on dissidents last year, CCP authorities
arrested dozens of human rights lawyers without charge.
Public opinion believes that this new system
is to strengthen the management and control over lawyers.
In this regard, mainland China writer Chen Yongmiao said
that the declaration policy is to achieve control.
Chen Yongmiao: “Groups like the human rights lawyers
had a great impact on politics.
The market-oriented lawyers produced in such a soil
don’t follow the requirements of the system.
Lawyers participate in human rights activities; provide legal
services to Falun Gong practitioners or human rights events.
So CCP wants to strengthen its political leadership
and political control over the lawyers.”
The Head of Justice Department’s Lawyers Notary Guidance
spoke to the media about the issue.
The oath embodies the political and professional orientation
of lawyers as legal workers of "socialism with Chinese characteristics," the Head said.
Chen Yongmiao believes that if lawyers have to be loyal
to CCP, this will impose serious restrictions on them.
The dissatisfaction with these two provisions
were the reason for Chen to lose his lawyer’s license.
Chen Yongmiao: “If someone wanted to plead not guilty,
CCP authorities will ask the lawyers to do a guilty plea.
Then there will be a lot of restrictions to lawyers’ plea,
as well as to lawyers’ actions in the practice.
According to CCP’s law, lawyers are not allowed to defend
a Falun Gong case or lawsuit.
As to the case of mass events,
lawyers are not allowed to get involved.
If you do, it will not meet the two clauses
of “loyalty to CCP and maintenance of socialism.”
Ye Ning, a rights lawyer in Washington DC,
spoke on the topic.
Ye asks, if loyalty is to be legally declared to serve interest
groups like CCP, where would the objectivity of lawyers go?
Ye Ning: "Such a declaration system
is really reversing history’s wheel.
The stability maintenance camp of CCP’s rich and powerful
capitalists are singing the tune of a political reform.
On the other hand, what they issue
is all totalitarian political garbage.
With such Code of Criminal Procedure 73,
it (CCP) can detain people for unlimited time.
They can conduct an act of missing of a person,
persecuting him and infringing on his personal freedom.
This can put some Chinese citizens in a situation
of always being missing."
With regard to these latest lawyers’ regulations,
the public is in hot discussion.
Many believe that the oath has no practical benefits.
People give as an example the corrupt officials.
The corrupt officials also declare their oath to CCP, but this
does not play a restrictive role at all, the public points out.
中共司法部最近出台的《关于建立律师宣誓制度的决定》，要求律师宣示“对共产党效忠”，引来争议。在世界许多国家和地区，律师在执业前也要进行宣誓，不过他们宣誓的誓词，大多是遵守宪法和法律以及维护司法公正。
早在2000年6月，中国“律师协会”就制定了《关于实行律师执业宣誓制度的决定》，不过当时并没有有效执行。去年中共当局在对异见人士的镇压行动中，未经指控就拘捕了几十名维权律师，舆论认为，这项新制度是在加强对律师业的管控。
对此，大陆作家陈永苗表示，宣示制度是要达到控制律师的目地。
陈永苗：“例如说，像维权律师这样群体出来之后，那就产生了对它政治产生了很大冲击，所以它觉得就是可能市场化来说，对律师来说，他产生了土壤，他不听体制的话，譬如说参加维权活动，或是对维权事件提供法律服务，替法轮功也提供法律服务，所以他就想加强对律师的政治领导和政治控制。”
司法部律师公证工作指导司负责人向媒体表示，誓词内容充分体现了“律师是‘中国特色社会主义’法律工作者的政治定位和职业定位”。
陈永苗表示，律师要“忠于共产党、维护社会主义”的话，就会对律师的执业产生很大的限制。当初他就是因为不满这两个条款，而丢了律师执照。
陈永苗：“例如说，本来应该做无罪辩护的，就被要求做有罪辩护，那么就出现非常多的律师辩护权的限制，跟（限制）律师的执业行为。例如说，按照中国法律，对中国法轮功案子的辩护或是一个诉讼的行为，那律师就不能做，对群体性的案子律师是不准做的，你这个就不满足‘忠于中国共产党，维护社会主义’这两条啦。”
美国华府人权律师叶宁表示，所有的个人、团体、党派、武装力量，必须在宪法、法律下面，宣示效忠共产党这个特殊的利益团体，才能获得律师资格的话，那律师执行法律业务时的超然立场，就荡然无存了。
叶宁：“这样一种宣示制度，真是大开历史倒车，中共现在这些权贵、资本主义的维稳派，在高唱政治改革的调子，一方面出台的尽是那些极权主义的政治垃圾。甚么刑事诉讼法73条，可以无限期的秘密关押，可以进行这种人身迫害和自由的失踪，让中国的公民权处于随时可以被失踪的这种境地。”
而舆论对于规定律师宣誓效忠共产党，更是议论纷纷，许多人认为宣誓没有实际意义，还有人举贪官为例说，当年贪官入党时也曾宣过誓，但根本没有起到制约作用。
采访/朱智善 编辑/李庭 后制/周平
China New Lawyers Oath Policy
To become or remain a lawyer in China, one must now
“declare loyalty to the Chinese Communist Party (CCP).”
This is the upcoming system of lawyers’ oath
which was newly ordered by the Ministry of Justice.
Analysts believe this measure of Beijing authorities
further strengthens the control over lawyers.
In recent years, the sector most engaged
in human rights protection work is lawyers’.
CCP's Ministry of Justice recently issued
“decisions on establishment of lawyers’ oath system.”
This requires lawyers to declare loyalty to CCP,
which has caused some controversy.
In many countries and regions of the world,
lawyers also need to declare oath before their practice.
However, their oaths declare that they will abide the law
and the Constitution, as well as the interests of justice.
In June 2000, China Lawyers Association established
“decisions on implementation of lawyers’ oath system.”
However, it was not implemented effectively at that time.
In the crackdown on dissidents last year, CCP authorities
arrested dozens of human rights lawyers without charge.
Public opinion believes that this new system
is to strengthen the management and control over lawyers.
In this regard, mainland China writer Chen Yongmiao said
that the declaration policy is to achieve control.
Chen Yongmiao: “Groups like the human rights lawyers
had a great impact on politics.
The market-oriented lawyers produced in such a soil
don’t follow the requirements of the system.
Lawyers participate in human rights activities; provide legal
services to Falun Gong practitioners or human rights events.
So CCP wants to strengthen its political leadership
and political control over the lawyers.”
The Head of Justice Department’s Lawyers Notary Guidance
spoke to the media about the issue.
The oath embodies the political and professional orientation
of lawyers as legal workers of "socialism with Chinese characteristics," the Head said.
Chen Yongmiao believes that if lawyers have to be loyal
to CCP, this will impose serious restrictions on them.
The dissatisfaction with these two provisions
were the reason for Chen to lose his lawyer’s license.
Chen Yongmiao: “If someone wanted to plead not guilty,
CCP authorities will ask the lawyers to do a guilty plea.
Then there will be a lot of restrictions to lawyers’ plea,
as well as to lawyers’ actions in the practice.
According to CCP’s law, lawyers are not allowed to defend
a Falun Gong case or lawsuit.
As to the case of mass events,
lawyers are not allowed to get involved.
If you do, it will not meet the two clauses
of “loyalty to CCP and maintenance of socialism.”
Ye Ning, a rights lawyer in Washington DC,
spoke on the topic.
Ye asks, if loyalty is to be legally declared to serve interest
groups like CCP, where would the objectivity of lawyers go?
Ye Ning: "Such a declaration system
is really reversing history’s wheel.
The stability maintenance camp of CCP’s rich and powerful
capitalists are singing the tune of a political reform.
On the other hand, what they issue
is all totalitarian political garbage.
With such Code of Criminal Procedure 73,
it (CCP) can detain people for unlimited time.
They can conduct an act of missing of a person,
persecuting him and infringing on his personal freedom.
This can put some Chinese citizens in a situation
of always being missing."
With regard to these latest lawyers’ regulations,
the public is in hot discussion.
Many believe that the oath has no practical benefits.
People give as an example the corrupt officials.
The corrupt officials also declare their oath to CCP, but this
does not play a restrictive role at all, the public points out.
