Because communicate obstacle and system safeguard to be short of,break, it is difficult to cause dimension of the person that listen to barrier to counterpoise, this is one of difficult problem that China needs to face and solve. (Liu Yi celestial being / graph)
(article head is sent on August 16, 2018 " southern on the weekend " )
"My person is impossible that to the whole nation the nearly 30 million person that listen to barrier have active service, this is an utterly inadequate method in dealing with a severe situation. " Tang Shuai of lawyer of net red sign language hopes to be able to build to know law to have a good command of again already so like him the lawyer team of sign language, in order to serve the person that more thought audition barrier for the time being.
May 2018, " ordinary " the head that groups China is small story entered BBC. This is wearing black casing glasses, hair a bit self-invited roll, light person be in the news weighs the 80 the year after next round red scarf " exclusive sign language lawyer makes a net red " . His " the road with red net " from politics and law of area of Chongqing city big crossing appoint release propagandist video to begin, and his story wants from a special social group -- the story of crowd audition barrier speaks of.
This net is red it is Tang Shuai, a also be office of attorney of emperor of vessel of area of Chongqing big crossing hold estate attorney.
From hold the position of judicatory case sign language to translate the sign language lawyer that turns to do major all right, case of authority of dimension of on Tang Shuai bring into contact with 1000 person that listen to barrier, had seen too much the person that listen to barrier is short of because of body function sex break bring about cannot communicate effectively, undergo inequitable judicatory treatment then, he also weeps countless times for it.
Big Tang Shuai grows in breathed family, right the bitter keenly feel of the person that listen to barrier is the same as experience, also hope hard to change, because he is certain from beginning to end: In law society, these people audition barrier enjoy equal right as perfect person.
Hard the communication obstacle of exceed
That was November 2016, northward winter is appearing chill everywhere. Hearing case of pick a pocket one case in court of people of division of channel of etc. fine while adding water of Xinjiang Urumqi town, front courtyard careful from that day in the morning 10 when begin 30 minutes, in the evening 11 when 40 minutes of ability end. Careful of meantime front courtyard is forced to interrupt for a time, occasion out of control.
Differ with general case, suspect of crime of case of this pick a pocket is divided is the person that listen to barrier besides one person. "A person that listen to barrier puts forward to understand sign language not to translate the interpreter of personnel, subsequently the presiding judge had an inquiry to the accused of all the person that listen to barrier, express ' know an in part only ' . " mention cease the reason of front courtyard, the say of Li Yaohui of solicitor of office of attorney of Heibei century ark that the representative passes this proposal, "Cease front courtyard, think way, the interpreter ability of sign language teacher everybody believes, but the difference of dialect of sign language existence. Do not have method really, finally so (front courtyard) went down " .
Main component is sign language two kinds, natural sign language (dialectal sign language) with standard sign language (mandarin sign language) . Like having each district dialect as Chinese, sign language also has all sorts of different place sign language.
Does the difference between natural sign language and standard sign language have how old? Be equivalent to two kinds of different phylum. The deaf-mute can use natural sign language only mostly, and what sign language interpreter uses commonly is standardization China sign language (CSL) , and often also appear on the court misunderstanding.
Tang Shuai of solicitor of office of attorney of emperor of vessel of area of Chongqing big crossing ever also encountered similar situation, this one case makes him impressive. The case involves a girl audition barrier, she was accused to make theft, on dossier note writing clearly: "I stole an aureate malic mobile phone. " however, when Tang Shuai examines trial kinescope, discover the girl all over the face anxious, what delimiting with hand comparing all the time is: "I was not stolen. " accordingly he offers check, mechanism of final procuratorial work makes the decision that does not grant to sue to the girl.
In addition, the sign language interpreter to place name and professional law term is more extremely difficult. Li Yaohui cited a simple case, be like detention house, jail, be among legal case completely different, but a word in sign language interpreter was replaced.
Program justice, ensure hard?
"Sessional at that time when, the accused person's true in whole process very weak power, need to ensure more. " the at that time scene since memory, li Yaohui alls sorts of feelings well up in his heart.
And of character of Li Yaohui place " whole process " , point to not just be forced the front courtyard careful that midway suspends.
In fact, level is investigated in public security mechanism, did not invite the interpreter personnel that has aptitude, be translated however by the police that knows sign language; The interpreter personnel that procuratorate and court invite is same person, check in sessional clearance know, li Yaohui cooperates with two courtyards all the year round not only, the relevant activity that often still shares public security office and investigation job. The court is person of 7 the accused (deaf-mute) designation legal aid lawyer is only before open a court session, accompany in what translate personnel below in the adjudgement next door with the accused person front courtyard meets, communication time does not exceed 5 minutes... these let him generate certain doubt to the program justice of relevant adjudgement.
The provision that our country translates a system about criminal lawsuit is very little, although procedural law of criminal of newest 2012 castigatory makes clear a regulation: Person of guilty suspect, the accused is blind, deaf, dumb person, still perhaps lose the mental patient that identify or controls him behavior capacity not completely, did not entrust paraclete, procuratorate of people court, people and public security mechanism ought to inform law of aid to orgnaization assign lawyer is his to offer plead. At the same time the 119th sets: Interrogatory deaf, dumb crime suspect, ought to have be proficient in the person of deaf, dumb gesticulation attends, mark this kind of case bright note.
But to limitting the be proficient in, objective justice that how assures an interpreter, it is how to avoid intended false interpreter to wait even, as a result of all sorts of objective reasons, did not have detailed standard.
"A lot of person that listen to barrier retain a lawyer without money, although newest punishment appeals to according to,its have the way the counsel for the defence that authority wins a country to appoint, but subsidy of job of counsel for the defence is not high, also translate funds without sign language, so that communicate not free, apologetic effect is finite; A few have money to once come up against the sign language interpreter of inobservant profession morality,ask what sign language translates, meet those who borrow an interpreter extort money to its even. " Li Yan of executive director of volunteer law service center tells the moral character of dimension of Shenzhen blessing cropland that ever offerred law to seek advice for the deaf-mute for many times south on the weekend reporter.
And the position that sign language translates is very significant however, it is with criminal case exemple, if guilty suspect is the person that listen to barrier, so his affidavit and note content comes from the mouth at translating personnel actually, that is to say the fact is what kind of, specific course is what kind of, it is to translate personnel to be in " for " allegation of the person that listen to barrier. The personnel of sign language interpreter that place frame-up position so is used very easily " speech counterpoises " undertake money trades counterpoising.
It is microphone not only, still be loudspeaker
To listening to barrier person, tang Shuai has different experience. His parents is the person that listen to barrier. Give the circle of the person that listen to barrier to let a son jump, live like perfect person, father objects him learning sign language to the utmost, the husband's family outside still sending him as a child lives. Look in father, the society that the son blends in perfect person is enough, even if mix oneself 0 communication. But Tang Shuai still learned sign language finally, because grandmother tells him: "Do not learn sign language, did parents become old how do you take them to see a doctor? Did parents become old how do you take them to see a doctor??
Now, tang Shuai can take care of him parents not only, still become numerous the support of the person that listen to barrier.
"The first element of exercise right, know enjoys right namely. The difficulty with the largest advantageous position of dimension of the person that listen to barrier is their legal knowledge is lacked, know to enjoy what right lawfully far from, legitimate rights and interests by also do not know when enroach on. " face those multifarious problems, tang Shuai says so.
In fact, from the general law conduct propaganda that Tang Shuai pays attention to groups of pair of the person that listen to barrier particularly since course of study, he also was judged to be 2017 accordingly " Chongqing good person " .
But gradually the general law conduct propaganda that he discovers to the tradition is aimed at group of the person that listen to barrier, invite lawyer and judge namely, open general law to publicize a class, invite sign language to translate whole journey to undertake such form exists be translatinged with acoustical sign language at the same time a lot of problems. "General judge and lawyer are right the circumstance of the person that listen to barrier is not special understanding, do not be clear about the administrative levels with their law knowledge and legal located consciousness and level, the general law tax that makes impossibly; Sign language translates personnel to be not legal major one's previous experience, also put in very big challenge to the explanation of legal proper-noun. " Tang Shuai explains so.
How does ability make the microphone of good law and loudspeaker, he is thinking " new device " . Program of general law sign language " handgrip hand takes candy " was born so, tang Shuai uses the natural sign language that the person that listen to barrier can understand to explain. In video, he appears in picture both sides at the same time, sound and sign language are synchronous, video picture is formed by simple caricature. Program of first phase used the caricature of the big grey wolf that understands easily simply and small white hare what to introduce is " Pang fraud " , have his moment quickly network.
"My person is impossible that to the whole nation the nearly 30 million person that listen to barrier have active service, this is an utterly inadequate method in dealing with a severe situation. " foster consciousness of law of the person that listen to barrier besides effort besides, tang Shuai still hopes to be able to develop team of lawyer of a sign language, the judicatory rights and interests of the person that let listen to barrier gets better safeguard.
But this is not an easy thing. The lawyer that he ever also tried to let law place goes learning sign language, but a few months come down, the fact proves this is not actual. Occasionally inspiration always is in casual appear, watch Deng Xiaoping to interview the video that scatters the madam that cut Er when Tang Shuai, mention among them " the Hongkong's person administers port " .
"Let a deaf-mute serve a deaf-mute, only deaf-mute talent understands a deaf-mute! Only deaf-mute talent understands a deaf-mute!!
In August 2017, tang Shuai enrolled 5 graduate audition barrier in the college, the legal knowledge that has by a definite date one year grooms, the target is them education becomes law hold course of study person. As we have learned, these 5 graduate audition barrier entered oneself for an examination entirely judicatory took an exam 2018.
"Resemble cannot short-term education group of a batch of English lawyers, a person is mixed through grooming for a long time only exercise, the level that sign language ability reachs trouble-free communicating. Current lawyer team, education of sign language foundation is lacked very much. " Li Yan says. The new trial after train of thought of Tang Shuai change whether bring a breakthrough, still need the test and verify of time.
tripartite is supervised or become consensus
The statistical data that website of government of Chinese incomplete couplet publishs shows, 2 times according to pass an imperial examination of census of the 6th whole nation countrywide disabled samples investigation is computative, 2010 total number of disabled of end our country 85.02 million person, among them eyesight deformity 12.63 million person; Audition deformity 20.54 million person.
Face huge cardinal number, short-term and built-in establish the team of sign language lawyer that can satisfy requirement to appear very demanding.
"Understand according to us, still do not have Tang Shuai at present in that way sign language lawyer, have an idea about translating us, art line of business has specialize in, the lawyer engages in a lawsuit namely, sign language interpreter will be more professional. Of course we also encourage a lawyer to know sign language, but do not importune. " when vice director Chen Zhihong is accepting south to be interviewed on the weekend, department of support of Guangzhou city law says. Two many years here accepts blind recently deaf-mute case many 150, criminal case cent is investigated, examine, sue 3 phase, the basis handles a case the announcement of mechanism, aid is in metropolis assign lawyer to offer plead for its, other case is met according to listening to barrier person demand provides an attorney. Aid lies provide counsel for the defence besides, from the interpreter at the same time the company invites sign language to translate personnel.
What translate to assure as far as possible is objective and accurate, when inviting an interpreter, support point can undertake " conflict is examined " , namely same case is different level provides a service by personnel of different sign language interpreter. And after be being translated through translating personnel to differring note undertake contrast, the interpreter's objectivity and accuracy can be judged on certain level.
This and east near future of academy of lake society progress releases " deaf person equality obtains judicatory to protect kit " (lawyer piece) medium proposal happens to have the same view: "If party needs to use sign language interpreter to undertake communication, had better ask two sign language interpreters. Let two sign language interpreters at the same time attendant, work by turns, mix with ensuring those who translate the information in the process is true accurate. " this academy is one devotes oneself to to begin charity of concerned society progress, commonweal, right to ensure respect theory to consider, pay close attention to the commonweal organization that law helps for a long time.
Chen Zhihong is special when speaking of communication skill respect point out: "The lawyer always should notice his communication object is him person that listen to barrier, maintain the eyes communication that follows the person that listen to barrier for instance, if and always should affirm sign language is translated just translating the person that listen to barrier, is not to replace the person that listen to barrier to talk. " afore-mentioned kit from person of sign language interpreter, law, deaf person 3 angle are opposite how does the person that listen to barrier undertake legal dimension authority undertook be elaboratinged in detail.
And come round to look with respect to eye, right the sign language in case of the person that listen to barrier translates personnel and did not set specificly and supervise a mechanism. "Sign language translates personnel qualification examine and verify to be accomplished very hard, how examine and verify, who comes examine and verify, examine and verify what content, how to just consider examine and verify eligible? Introducing the 3rd person to supervise is a good consideration really, but who will supervise also is a problem! " in afore-mentioned cases in whole cognizance process, li Yaohui translates personnel in doubt sign language accurate, the dry dad that he ever tried to let a suspect (the dialectal sign language that knows suspect place to use) appear in court supervise, but because old person age fails high already,come true.
Regard Chongqing as delegate of National People's Congress of big crossing area, what 2018 the Tang Shuai on acting meeting referred area person to build sign language to translate association is second reading.
Association of sign language interpreter is mixed as orgnaization of tripartite appraisal tripartite supervises an orgnaization, can prevent the unjust verdict that brings about because of interpreter reason in deaf-mute case from fountainhead. "At present social begin language translates the assessment of qualificatory card and exam standard to was not united, association can groom as sign language and assessment main body, make unified sign language translate assessment standard, carry sign language directionally to translate a talent for relevant judiciary, form lasting effect mechanism. " Tang Shuai tells south finally on the weekend: "Current, in law, medicine and computer 3 big fields, our country still translates a standard without unified sign language. Be based on this kind of circumstance, I suggest sign language translates association to be able to assume a learning to study responsibility, make sign language translate standard and dictionary of sign language interpreter, the person that listen to barrier in order to help to more safeguards oneself rights and interests. The person that listen to barrier in order to help to more safeguards oneself rights and interests..
