张庆方律师：海口中院，你们要明白自己权力的边界！ Lawyer Zhang Qingfang: Haikou Intermediate Court, You Must Understand the Boundaries of Your Power!

海口市中级人民法院张柏桢院长：

To Court President Zhang Bozhen of the Haikou Intermediate People's Court:

本人是北京市汉鼎联合律师事务所律师张庆方，受贵院目前正在审理的三亚海韵集团董事长陈宪清委托，在他涉嫌合同诈骗、虚假诉讼等罪一案中，担任其一审辩护人。

I am Zhang Qingfang, a lawyer from Beijing Handing United Law Firm. I have been entrusted by Chairman Chen Xianqing of Sanya Haiyun Group, who is currently under your court's review, to serve as his defense attorney in the first instance of his alleged contract fraud and false litigation, among other charges.

昨天下午，本人从北京飞海口，到贵院递交委托手续，接待我的刑二庭法官助理说：把手续放在这里吧，这个案子，陈宪清已经换过两次律师了，按规定，不能再换。

Yesterday afternoon, I flew from Beijing to Haikou to submit the commissioning procedures to your court. The assistant to the criminal court judge who received me said, "Leave the procedures here. Chen Xianqing has already changed lawyers twice for this case; according to regulations, he cannot change lawyers again."

我说：当事人只要不以换律师为名无正当理由地妨碍案件审理，换多少次律师，就是他的权利，不属于法院的管辖范围。

I said: As long as the party does not unreasonably obstruct the case proceedings under the guise of changing lawyers, the number of times a lawyer is changed is his right, and it is not within the court's jurisdiction.

而且，陈宪清现在只是更换目前的两个律师中的一个，我介入后，不会要求法院为我留出准备时间，不影响你们的开庭安排，希望你们不要节外生枝。

Moreover, Chen Xianqing is only replacing one of the two current lawyers. My involvement will not require the court to reserve preparation time for me, nor will it affect your court's schedule. I hope you do not complicate matters further.

法官助理说：你回去等着吧，今天肯定来不及了，我们审查后一两天内答复。

The judge's assistant said: "Go back and wait. It definitely won't be possible today. We will respond within a day or two after reviewing."

结果，今天下午16:13分，我接到贵院刑二庭的电话，正式通知我：你的委托手续，合议庭合议过了，因为陈宪清已经换过两次律师了，现在法院不能同意你作他的辩护人。

As a result, at 16:13 this afternoon, I received a call from your second criminal court, officially informing me: "Your commissioning procedures have been deliberated by the collegiate panel. Since Chen Xianqing has already changed lawyers twice, the court cannot agree to you serving as his defense attorney."

张柏桢院长，本人不知道你有没有干过刑事审判，对刑事诉讼法原理和律师制度是否了解？

Court President Zhang Bozhen, I do not know if you have ever conducted a criminal trial, or whether you understand the principles of criminal procedure law and the legal system?

如果你不熟悉不了解，我建议你马上找个明白人问清楚：一个地方中级法院，公然以已经换过两次律师了，不允许再换律师为由，剥夺正在审理案件中被告人的辩护权，是否符合全面依法治国精神和新时代法治思想，能否保证人民群众在每一个案件中都感受到公平正义，对人民领袖的讲话精神是不是阳奉阴违做两面人？

If you are unfamiliar or unaware, I suggest you immediately find someone knowledgeable to clarify: For a local intermediate court to openly use the reason that a lawyer has been changed twice to not allow further changes, thereby depriving a defendant in an ongoing case of his right to defense, does this comply with the spirit of comprehensive law-based governance and the legal thought of the new era? Does it ensure that the public feels fairness and justice in each case, or is it hypocritically betraying the spirit of the people's leader's speeches?

本人认为，海口中院以《最高人民法院关于适用<中华人民共和国刑事诉讼法>的解释》（法释〔2021〕1号）第三百一十一条之规定（被告人在一个审判程序中更换辩护人一般不得超过两次。被告人当庭拒绝辩护人辩护，要求另行委托辩护人或者指派律师的，合议庭应当准许。被告人拒绝辩护人辩护后，没有辩护人的，应当宣布休庭；仍有辩护人的，庭审可以继续进行。）为由，拒绝陈宪清更换辩护律师，是严重超越法定权限，非法侵犯被告人辩护权的恶劣行径，理由如下：

I believe that the Haikou Intermediate Court's refusal to allow Chen Xianqing to change his defense attorney, citing Article 311 of the "Supreme People's Court's Interpretation on the Application of the <Criminal Procedure Law of the People's Republic of China>" (Legal Interpretation [2021] No. 1), which generally limits a defendant from changing defense attorneys more than twice during one trial process, constitutes a serious overstepping of legal authority and an illegal infringement of the defendant's right to defense, for the following reasons:

一、辩护权专属于刑事被告人，审判权专属于人民法院，两者之间本是井水不犯河水，只要被告人不以换律师为借口，不正当地阻碍刑事案件的正常审理，法院就没有任何理由限制被告人换律师，刑事诉讼法也没有授予法院这一权力。

1. The right to defense is exclusive to criminal defendants, and the right to judge is exclusive to the people's court. As long as the defendant does not improperly obstruct the normal proceedings of a criminal case under the pretext of changing lawyers, the court has no reason to restrict the defendant's right to change lawyers, and the criminal procedure law does not grant the court this power.

二、《最高人民法院关于适用<中华人民共和国刑事诉讼法>的解释》（法释〔2021〕1号）第三百一十一条出台的初衷，是为了对付所谓的死磕律师当庭让被告人解除委托，阻碍庭审的进行，并不是要限制被告人委托和更换辩护人的次数，依据律师制度和辩护制度原理，人民法院显然也没有限制刑事被告人更换律师次数的权力，这本应是法律常识。

2. The original intent of Article 311 of the "Supreme People's Court's Interpretation on the Application of the <Criminal Procedure Law of the People's Republic of China>" (Legal Interpretation [2021] No. 1) was to address the issue of so-called "stubborn lawyers" causing defendants to revoke their commissions during court proceedings to obstruct the trial, not to limit the number of times a defendant can appoint or change defense attorneys. Based on the principles of the legal and defense systems, the people's court obviously does not have the power to limit the number of times a criminal defendant can change lawyers; this should be common legal knowledge.

三、即便按《最高人民法院关于适用<中华人民共和国刑事诉讼法>的解释》（法释〔2021〕1号）第三百一十一条，陈宪清在一审阶段也没有用尽两次更换辩护人的权利。

3. Even according to Article 311 of the "Supreme People's Court's Interpretation on the Application of the <Criminal Procedure Law of the People's Republic of China>" (Legal Interpretation [2021] No. 1), Chen Xianqing has not exhausted his right to change defense attorneys twice during the first-instance stage.

陈宪清案2022年4月进入法院阶段后，先是委托了谭淼、蔺文财为辩护人，2023年初贵院将该案主审法官由蒋小马更换为林蔚茹后，陈宪清将辩护人更换为王殿学、王发旭，这是他在一审阶段第一次换律师。

After Chen Xianqing's case entered the court stage in April 2022, he first appointed Tan Miao and Lin Wencai as his defense attorneys. At the beginning of 2023, after your court changed the chief judge of the case from Jiang Xiaoma to Lin Weiru, Chen Xianqing changed his attorneys to Wang Dianxue and Wang Faxu, marking the first time he changed lawyers during the first-instance phase.

现在，陈宪清要把王殿学律师更换为本人，这是他第二次换律师，而且是在贵院尚未开庭，开庭时间未定的情况下，陈宪清换谁当律师，完全是他行使辩护权的表现，和贵院何干，你们为什么要非法干涉？

Now, Chen Xianqing wishes to change lawyer Wang Dianxue to me, marking his second lawyer change. Moreover, this occurs while your court has yet to convene, and the court date is not yet set. Whom Chen Xianqing chooses as his lawyer is entirely an exercise of his right to defense. What concern is it of your court, and why do you unlawfully interfere?

至于陈宪清在贵院审理的另一起案件，即他涉嫌行贿罪一案中换过多少次律师，与本案中他委托本人作为新的辩护人没有关系，两者之间不能混为一谈。

Regarding another case of Chen Xianqing being tried in your court, namely the case where he is suspected of bribery, how many times he has changed lawyers in that case has no bearing on his appointment of me as the new defense attorney in this case; the two should not be confused.

四、本人昨天就已经表明态度，我不会以新参与辩护为由给法院要准备时间，对贵院何时开庭审理陈宪清案，没有意见。

4. I have already stated yesterday that I will not request preparation time from the court due to my new involvement in defense. I have no objections regarding when your court schedules the hearing for Chen Xianqing's case.

在这种情况下，合议庭仍然不允许本人为陈宪清辩护，你们这么做的正当性何在？

In this context, the collegiate panel still does not allow me to defend Chen Xianqing. Where is the legitimacy in your actions?

五、亏合议庭还有脸抬出《最高人民法院关于适用<中华人民共和国刑事诉讼法>的解释》作为拒绝本人的理由，你们审理陈宪清案，眼里何曾有刑事诉讼法，何曾有最高法解释的存在！

5. It's shameless that the collegiate panel dares to cite the "Supreme People's Court's Interpretation on the Application of the <Criminal Procedure Law of the People's Republic of China>" as a reason to refuse me, when in your handling of Chen Xianqing's case, you never consider the criminal procedure law or the Supreme Court's interpretation!

陈宪清案起诉到法院已经两年多了，你们至今不开庭，是最高院刑诉法解释给你们的权力？这个案子共36个共同被告人，本是并案起诉的，你们在收案两年后强行将陈宪清与其他35名同案分案审理，而且还将部分同案交到下级法院一审，人为地剥夺同案被告人同庭受理并质证的的权利，人为地扭曲两审终审制，是最高院解释给你们的权力？

Chen Xianqing's case has been brought to court for over two years now, and you have yet to convene. Does the Supreme Court's interpretation of criminal procedure law grant you this power? This case originally involved 36 co-defendants and was to be prosecuted jointly. Two years after receiving the case, you forcibly separated Chen Xianqing's case from the other 35 co-defendants and even sent part of the cases to a lower court for first-instance trials, artificially depriving co-defendants of the right to be tried together and cross-examined, and artificially distorting the final review system of two trials. Is this the power granted by the Supreme Court's interpretation?

本来，个人自由无法律明文规定则不受禁止，公权力无法律明确授权则不可为，这是法治基本原理，为何到了海口中院，就成了法院可以超越法律为所欲为，当事人合法的辩护权也不能行使？

Individual freedom is not restricted without explicit legal provisions, and public power cannot act without explicit legal authorization. This is a basic principle of the rule of law. Why is it that at the Haikou Intermediate Court, the court can act beyond the law at will, and the party's legal right to defense cannot be exercised?

你们是在执行中华人民共和国的法律，还是你张柏桢的土政策？

Are you enforcing the laws of the People's Republic of China, or your own local policies, Zhang Bozhen?

以上几点，希望张院长能弄明白，并做出正确的选择。

I hope Court President Zhang can understand these points and make the right choice.

你于本月24号前不去制止下属的胡作非为，本人就立即到海南高院控告，海南高院不维护我的执业权，本人就继续到最高法院控告，最高法院对下级法院剥夺律师执业权的行为不纠正，本人就到全国人大控告。

If you do not stop your subordinates' misconduct by the 24th of this month, I will immediately file a complaint with the Hainan High Court. If the Hainan High Court does not protect my right to practice, I will continue to sue at the Supreme Court. If the Supreme Court does not correct the lower court's actions of depriving lawyers of their right to practice, I will file a complaint with the National People's Congress.

总之，任何对人民领袖全国依法治国阳奉阴违的两面人，本人一定要让你们现世报，并把你们钉上历史的光荣榜，让你们子子孙孙都抬不起头！

In short, anyone who hypocritically betrays the national governance of the country by law, as stated by our people's leaders, I will ensure you face immediate retribution and nail you to the disgraceful list of history, making it impossible for your descendants to hold their heads high!

控告人：北京市汉鼎联合律师事务所律师 

Accuser: Lawyer of Beijing Handing United Law Firm

张庆方

Zhang Qingfang

2024年5月17日

May 17, 2024

张庆方律师手机13910405610

Lawyer Zhang Qingfang's mobile phone: 13910405610