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The Chinese criminal defense lawyers’ team participated in an exchange session on issues of criminal defense with Hitotsubashi University’s professors 中国刑辩律师团队在一桥大学参与了有关刑事辩护的交流会

Date: 23/04/2024 14:00-16:00

Location: Hitotsubashi University

Lecturers: Professor Midori Daisuke, Professor Takahira Kie

时间:2024年4⽉23⽇ 14:00-16:00

地点: ⼀桥⼤学


Professors from Hitotsubashi University in Japan provided detailed answers to eleven questions posed by Chinese criminal defense lawyers about Japanese criminal defense lawyers. These questions included: the social role of Japanese criminal defense lawyers; the relationships among defense lawyers, prosecutors, courts, and media in cases with significant social impact; the situation of wrongful convictions in Japanese criminal trials and the avenues for appeals; the state of legal aid in Japan; the relationship between Japanese criminal defense lawyers and the Bar Association, common instances of lawyer misconduct, and the disciplinary actions by the Bar Association; the number of criminal cases in Japan and the number of specialized criminal defense lawyers; the involvement of lawyers in the legislature and their influence on legislation and government; the challenges faced by criminal defense lawyers in gathering evidence and the court's attention to these issues; the current issues of torture and forced confessions and the defense strategies against them; the basic situation of death penalty cases in Japan and the general attitude towards the abolition of the death penalty; and the state of informal exchanges between the Japanese legal community and Chinese lawyers, as well as the potential for establishing long-term friendly channels of communication. Afterward, Chinese criminal defense lawyers raised further questions and engaged in detailed discussions based on the professors’ responses. These discussions included: the pressures faced by Chinese criminal defense lawyers during the defense process; common challenges (such as difficulties in gathering evidence) and different challenges (such as court injustices) faced by criminal defense lawyers in China and Japan; difficulties encountered by victims of wrongful convictions in China when seeking help and judicial fairness; the inspiration and influence from Japanese legal peers on Chinese criminal defense lawyers; the risks and potential disciplinary actions faced by Japanese criminal defense lawyers who adopt a passive strategy in court; the assessment of the degree of forced confessions within the Japanese judicial system and its impact on cases, as well as the potential consequences for investigative authorities that engage in torture and forced confessions. Finally, the Chinese criminal defense lawyers expressed a sincere wish to further explore Japan’s experience to deepen their understanding of the role that lawyers play in the processes of democracy and legal governance, as well as their contributions to society, with the aim of fostering national progress through peaceful means.

⽇本⼀桥⼤学的教授们对中国刑辩律师提出的关于⽇本刑事律师的⼗⼀个问题做出了详尽的回答。这些问题包括:⽇本刑事辩护律师的社会⻆⾊;在社会影响显著的案件中,刑辩律师、检察官、法院和媒体之间的互动关系;⽇本刑事审判中冤案的情况及其申诉途径;⽇本的法律援助现状;⽇本刑事辩护律师与律师协会的关系、常⻅的律师违规⾏为以及律师协会的惩罚措施;⽇本刑事案件的数量及专业刑事辩护律师的数量;律师担任议员的情况以及律师界在⽴法和政府中的影响⼒;刑事辩护律师在取证时所遇到的困难及法院的重视程度;当前⽇本存在的刑讯逼供问题及刑事辩护律师的应对策略;⽇本死刑案件的概况及社会各界对废除死刑的态度;以及⽇本法律界与中国律师的⺠间交流现状和建⽴⻓期友好交流渠道的可能性等。 之后,中国刑事辩护律师针对教授们的解答提出了进⼀步的问题并进⾏了深⼊讨论。这些讨论包括:中国刑事辩护律师在辩护过程中⾯临的压⼒;中国和⽇本刑事辩护律师⾯对的共同困难(如取证难)和不同挑战(如法庭的不公正);中国冤案受害者在寻求帮助和司法公正 时遇到的困难;⽇本律师同⾏对中国刑事辩护律师的启发与影响;⽇本刑事辩护律师在法庭上采取消极不作为的策略所⾯临的⻛险及可能的惩戒;在⽇本司法中对刑讯逼供程度的认定及其对案件的影响,以及对⾏使刑讯逼供的侦查机关的潜在后果等问题。 最后,中国刑辩律师表达了希望通过对⽇本进⼀步的考察,深⼊了解律师在⺠主和法治进程中的⻆⾊及其对社会的贡献,借此以和平的⽅式促进国家进步的真诚愿望。


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