On December 14, 2020,the Student Forum on Legal Clinics and Legal Professional Ethics Cultivation of the International Forum on Clinical Legal EducationconcludedatCUPL’sXueyuanRoadCampus.Asa sub-forum ofthe 20th Anniversary Celebration of Chinese ClinicalLegal Education&International Forum on Education, Service and Rule of Law, this student forumaimedto showcase the achievements of clinicallegal education in talent cultivation from the perspective of students, and discussthe opportunities and challengesofclinicallegal education.Thissub-forum,hosted by the ClinicalLegal Education Professional Committee of the China Association for Legal Education of ChinaLaw Society and organized by the School ofJuris Master in CUPL,is also one of the series of events celebrating the 15th anniversary of theSchool of Juris Master in CUPL. Thisforumwas held bothonline and offline.
Prof.Xu Shenjian, Dean of the School ofJuris Master in CUPL,noted in hisopeningaddressthat the School of Juris Masterhas takenthe legal professional ethics course as an important course in the required courses, determined the course requirements and evaluation methods, clarified the course objectives, and adopted multipleteaching methods, so thatstudents’ learning initiativehas been improvedand remarkable results achieved.Healso emphasized thesignificance of practical teaching in the development of legal professional ethics.
Theparticipating studentsshared theirviewsonthetopicofLegal Clinics and Legal Professional Ethics Cultivation.
Wang Wenyan first sharedher views in her talk titledConfidentialityObligation ofDefenseLawyers.TakingLin Xiaoqing’s “criminal gang” caseas an example andcombiningwith the professional characteristics of lawyers,shepointed out that defense lawyers’mission of beingloyal to the client and their role in court naturally require them to hold the opposite view to the prosecution, so the lawyers’ professional ethics have"non-moral" characteristicscompared with public ethics, especiallyreflected inlawyers’ confidentiality obligation. Through analysis,sheconcluded that lawyers’ confidentiality obligation hasthebasis and necessityfor its existence.
Wang Huiyu,taking"Wang Zhenhua's indecency case" as an example, expounded herviews on the professional ethics of defense lawyers in criminal proceedings, and analyzed the three major controversiesinlawyers' professional ethicsinthiscase.
Through"Li Zhuang case", Guo Ruijia explored the practice behaviorofcriminal defense lawyers, andanalyzedthe lawyer's professional ethics in this case.
Todistinguish between legal professional ethics and legal professionalmorals,Wu Yuchen pointed out that ethicsemphasizeexternal regulations and the inheritance of rules and techniques, while morals focus onindividualconstraining force.
Guo Ruitingdeeply analyzedthe defense lawyer’sadvocacyofinnocence and the improper disclosure of the victim, witnesses, and the trial in the "Li’s Rape Case", and proposed to improve the confidential system of lawyers inChina.
Hu Guanyi mainly expounded the boundary between lawyers’ defense and perjury, and analyzed theissue ofprofessional ethics of lawyers involved in the “CaseofLawyer Xiong Xin’s PerjuryinJiangxi”.
Based onthe case ofthedismissal ofajudgefrom Lijiang Intermediate Court of Yunnan Province, the Han Xiaohei'scase of ganginvolvement, the Xu Ting case, and the Li Changkui case,Li Jialinexpressedherviews onjudges’duty ofdeliberative speechinChina.
Based on his daily observation and experience inclinicallegal courses, Wang Shiyang analyzed the difference between law students andlawyers, andregarded the restraint oflegal professional ethicsasoneof themain differences between them. He pointed out that the existing methods of legal professional ethics education cannot completely bridge the gap between school education and practical needs,solegal clinics are of great significance incultivating lawyers.
Associate Prof.Yin Chao made detailed comments on the speeches ofthe above-mentionedeight students. He expressed his appreciation for theirwonderfulspeeches and encouragedstudentsto develop into outstanding legaltalents byintegratingvocational education and academic educationin the"new law" construction.
Prof.Han Wensheng, Secretaryof thePartyCommitteeof the School of Juris Master in CUPL,made a summary of theforum.
As the moderator of the forum and Deputy Dean ofthe School of Juris Master in CUPL,Liang Minonce again expressed hergratitude to the participants. She said that this forum demonstratedthe results oflegalclinics andlegalprofessionalethicseducationof CUPL,as well asthe students' in-depth thinking on theissue oflegal professionalethics. Shehopedthatthestudentswouldbecome excellentlawyers who abide byprofessional ethicsandmaintain fairness and justicein the future practice.
This forumconcludedamid the participants’warm applause.