February 29, 14:30 pm，Professor Mark Chang, doctoral supervisor of Wuhan University Law School, visited Lecture Hall 101 of the Law School，Conducted an academic report entitled "Reflections on Special Defense" for teachers and students of our college，The report was hosted by Professor Feng Dianmei。
Back in October 1980，Professor Mark Chang was invited by the National People’s Congress Legal Affairs Committee to go to Beijing to participate in the investigation of Lin Biao、Discussion on the indictment of Jiang Qing Counterrevolutionary Group，Subsequently，The Ministry of Justice appointed him as the defender of Wu Faxian, the former air force commander of Lin Biao’s best friend。This lecture，Professor Ma is a review and summary of the special defense more than 20 years ago。
bet365 live online casinoFirst，Professor Ma introduced the historical background at that time，Telling about Lin Biao、The whole story of the downfall of Jiang Qing’s counterrevolutionary clique。He started from the earliest Lushan Conference，Until the plot of Lin Biao’s counter-revolutionary group was exposed and the plane hijacked and escaped，And the arrest of Jiang Qing’s counterrevolutionary group，The Cultural Revolution Era is declared to be completely over。After the destruction of the two counter-revolutionary groups，The treatment of the principal culprit has been put on the agenda。Professor Ma pointed out，The Cultural Revolution era was an era in which the rule of law was trampled upon，After correcting the chaos，CCP leaders have learned from the painful experience，Do not reciprocate violence with political opponents、Tit for tat，Instead, they raised the banner of legality on the ruins，It’s really valuable。The first thing that is valuable about the “two cases” trial is，Start the gradual restoration of socialist legal system，Replacing arbitrary judgment with trial according to law、Lynching indiscriminate punishment。Legislative work is in full swing，Criminal Law、Criminal Procedure Law、The emergence of lawyer regulations，Provides legal basis and fair guarantee for trial。
Next，Professor Ma talked about preparations for the trial。Year，For this special trial，The country has established special courts and special prosecutorial chambers，And decided to have the Supreme People’s Court directly hear the case，Implement the first-instance and final-instance system。The first problem encountered by the special court after its establishment was to determine which actions of the two counterrevolutionary groups were crimes，Should be tried by the court in accordance with the law，It means to distinguish the issue of party line struggle from the issue bet365 live online casinoof crime。For this，At that time, jurists were invited from legal circles across the country to serve as consultants for the trial，And ask them to draft the indictment，Confirmation of guilt，Opinions on applicable laws and regulations。At that time，Experts convened on a temporary basis are divided on whether counter-revolutionary regulations or criminal law should apply to this case，There is also great controversy from the outside world。Last，According to international practice and the principle of “adopting the old and taking the easy”，Decided to use the newly effective criminal law as a reference。And finally convicted of 48 crimes，As charges against two counterrevolutionary groups，Written indictment。
Then，Professor Ma focused on the defense of the two counterrevolutionary groups and gave a detailed introduction，He pointed out that the biggest highlight of the "two cases" trial was undoubtedly the restoration of the defense system。At that time, an 18-member lawyer team composed of jurists was established for special defense，As the main criminal of the two counter-revolutionary groups, Yao Wenyuan、Chen Boda、Wu Faxian、Li Zuopeng、Defender of Jiang Tengjiao and others。Defend the defendant in the case，Is the key to lawyers’ criminal litigation activities，The lawyer team attaches great importance to this。They passed excerpts from the dossier、Meet the defendant to learn more about the case，For example, on how to defend Wu Faxian and other defendants，There have been arguments with different opinions，But after discussion，Basically reached a consensus，Unanimous “Determined to do our best to overcome difficulties and do a good job”。As litigation activities progress，Lawyers’ awareness continues to increase，Most of the defense statements written later were able to defend the defendant realistically，And achieve better results。
Last，Professor Ma put forward some reflections on this special trial。bet365 live online casinoFirst，This trial was overall a success，Lawyer appears in court to defend，marks China’s official announcement to the world，The lawyer system was restored，The defense worked，marks the reconstruction of the lawyer system after the anti-rightist struggle in 1957 and a good start for China's legal system。Second，China’s Democracy、The construction of the legal system was completely trampled upon by the Cultural Revolution,The use of public trials in the trial of the "Gang of Four" is a victory for the rule of law，It is the historical necessity of justice to defeat evil。And the defense in this trial，Lawyers have a pragmatic attitude，By Defense，Really reduced the defendant’s charges。Third，A lawyer’s participation in the defense of the special court can be said to be a milestone in the development of a lawyer’s career，Of course，Say this，In terms of the history of lawyer development，Not that lawyers’ defense activities in special courts are all correct、No shortcomings。While reflecting on the defense，We affirm the great achievements we have made，But we must also admit the shortcomings。Professor Ma talked about，Lawyers’ ideological understanding continues to improve，Lawyers’ defenses continue to be successful；But it was also mentioned that lawyers are not liberated enough，So much so that even those who realize it dare not defend themselves。Fourth，This defense should be judged based on historical conditions，All the inappropriateness could only be explained in the name of "special" at the time，It is natural that imperfections will appear in the initial stage of the legal system。People’s legal concepts are improving，But this requires a long process。Professor Ma pointed out his last words with sincerity，China’s legal system construction depends on the future，The young students who rely on us to sit here。
bet365 Play online gamesAfter the lecture，Professor Feng Dianmei gave a brief summary of the report。The lecture ended with warm applause from the students。
[Law School Graduate Association Study Department Yan Yan]
