Social Insurance Law has entered the legislative process

Human resources and social security Yin Weimin, Minister in recent days to attend the China Social Security Forum in the third annual meeting revealed that at present, social security law has entered the legislative process, the NPC Standing Committee, after extensive consultations with the views of all sectors of society.



Yin Weimin said that as a social security through national legislation to enforce social and economic systems, good laws and regulations as a guarantee.



China's labor law to establish a preliminary social insurance system, the new model, but in the social insurance is still a lack of special laws. Encountered in the actual work of the many contradictions and problems with the legal system and law enforcement related to the imperfect system, there is an urgent need to mature up to the legal practice experience, and enhance the mandatory social security, stability and authority.



Yin Weimin said that the current focus is to accelerate the pace of the Social Security Act legislation. At the same time, also need to look at the development of basic old-age insurance, annuity business regulations, social security fund supervision and management regulations, and other laws and regulations, establish a sound social security system of law.

On the legal requirements of the contract deposit?

Question: Hello French Business Network lawyers, as a result of a business relationship, I often come into contact with some of the deposit of the contract, but I understand the legal knowledge is limited, would like to consult on legal deposit requirements of the contract in the end?



www.LegalCare.cn the French Business Network



www.LegalCare.cn the French Business Network



A:

www.LegalCare.cn the French Business Network

Hello, legal deposit of the requirements of the contract, mainly in the following two points: 1, the contract should be taken down in writing. Down from the actual delivery date. If the two sides signed a contract in writing down the contract, there is no delivery of deposit, the deposit can not occur the effectiveness of penalties. 2, deposit the amount agreed upon by the parties, but no more than the main subject of the contract amount of 20%, more than can not be considered part of the deposit.

A lawyer by default to request millions of agency fees

The core reading: Two years ago, Yunnan Tianwaitian, director of law firm lawyers Luo Ke going through a lot of hard work, time-consuming two and a half years to win 40,000,000 subject of a lawsuit, the parties received 5,000,000 yuan after the implementation of paragraph Refused to pay the legal fees. To this end, Luo Ke to the other party to court to request legal fees 1,270,000 yuan. Yesterday, Yuxi City Intermediate People's Court case, the accused do not want to pay the legal fees on the grounds that: "He is our legal counsel, but also how to pay legal fees?" It is understood that this is by far the largest province Acting together with a lawyer to recover costs of the case.



The origin of cases win not get legal fees



In 2004, Kim Tae Yuxi Iron and Steel Company (hereinafter referred to as "Kim Tae-steel") and in Yuxi, a real estate company iron ore signed a "contract of supply and marketing," Kim Tae-contract iron and steel entry into force of the contract within 10 days to pay the real estate company Iron ore deposit 10,000,000 yuan, real estate companies committed to the same conditions, the goods in the first paragraph after the iron ore mining after Kim Tae-priority to the sale of iron and steel, the price Suihangjiushi. At the same time, the contract also on the quality of iron ore, place of delivery, clearing the way, such as breach of duty to make a clear agreement.



March 30, 2004, Kim Tae-iron to the real estate company to pay a deposit 10,000,000 yuan, later, real estate companies do not honor their contract. To that end, Kim Tae-court instead of steel. March 2, 2005, Kim Tae-steel commissioned Ke Luo lawyer to fight the lawsuit. Since then, Ke Luo has more than 100 times around Yuxi in Kunming and Beijing in fighting this lawsuit, the lawsuit hit from the Supreme People's Court of Yunnan Province Higher People's Court. In the real estate company after receiving Tae complaint steel, real estate companies also take the initiative of 10,000,000 yuan deposit. However, Kim Tae-steel or to have a say.



Last August, after a two and a half years of litigation, the case hit the Supreme Court, the Supreme Court closed mediation. Kim Tae-estate company agreed to pay 4,200,000 yuan steel in cash and 800,000 yuan worth of iron ore, iron and steel Kim received the implementation of this paragraph.



"I regret and surprise, when I sent all the implementation of paragraph Kim Tae-steel, the company has Guohechaiqiao, looking for all sorts of excuses to refuse to pay agency fees." In desperation, Luo Ke Kim Tae-iron to court, Require payment of 1,270,000 yuan agency fees.



Live trial agency fees have not signed the agreement



The memories of the time-consuming and labor-intensive case, Ke Luo said: "I and Kim Tae-steel head of the special relationship, and I also served as their legal counsel.'s Head, I find that they are not a court order Money is to export gas as long as the lawsuit to win, according to claims to achieve 20% of the fees paid to my agent. "Out of trust, Luo Ke no agency fees so that the issue of Kim Tae-made steel receipt in writing so that Luo Ke Can not think of is that after their discussion to the effect that the agents planted hidden fees.



Yesterday the trial, the Romanian trip Ke as a result of the field did not appear, but requested another lawyer on his behalf with each other, "try to destabilize him." Ke Luo's lawyer said Luo Ke for the accused to court, hundreds of shuttling between the Yuxi, Kunming, Beijing, has invested a lot of human, material and financial resources. Because of his hard work, so that eventually the evidence itself is extremely detrimental to Kim Tae-steel back 420 million yuan in cash and 800,000 yuan of iron ore. The other did not expect the money after the default, refuse to pay counsel fees.



"Although Acting on the two charges have not signed a formal contract, but in litigation fees to which it is only right and proper. There is no free lunch, the accused can not enjoy the right to not only meet their obligations." Ke Luo's lawyer said the charges in accordance with the Law Rules and legal requirements of the charges, they asked Kim Tae-steel pay agency fees are reasonable.



The defendant argued that the legal adviser should not be paid



Kim Tae-steel Ke Luo received the complaint, not only do not admit to pay legal fees, but filed counterclaims. Kim Tae-Steel said: "Ke Luo lawyer there, Moreover, Luo Ke our company's legal adviser, he's a lawsuit on behalf of, how will this money? In addition, Luo Ke lawyers played down the results from We expect that the gap between the goals, not only should not pay agent fees, let the anti-Ke Luo compensation for the loss of our 280,000. "
"At that time, the beginning of litigation, our litigation is the subject of 10,000,000, Luo Ke can win this lawsuit, so we have to raise the subject of litigation 40,000,000, in the first instance directly on the Yunnan Provincial Higher People's court. We suspect Luo Ke This is more like collection of agency fees. "Kim Tae-steel agent of the view that because the lawyer Luo Ke, head of the steel so that Kim made the wrong decision-making, the subject of litigation to 40,000,000. After the proceedings into the case, not as Ke Luo said the odds in the chest, Shenggao Yuan in the first instance ruling on the contrary, they are only more than 200 million. Helpless lawsuit also hit the Supreme People's Court, the final mediation only cash compensation 4,200,000, from 40,000,000 a far cry from the subject of litigation.



"As the lawyers judge Ke Luo, let us suffer, to spend more than hundreds of thousands of legal costs, the preservation of the fees, travel costs and implementation, for which he should bear responsibility for their own fault." In addition, the agents also believe that, 2005 To the beginning of the year in 2007, Ke Luo has been the company's legal counsel, other legal fees must be agreed in writing.



Unable to reach a conciliation agreement, the judge announced the verdict the case another day.

Counsel also said that vulnerable groups do you agree?

The first case of domestic administration of justice violations of the right to lawyers incident has gone through more than two years, the new "lawyers" in the second article of the current definition of a lawyer and although the new mission statements, but many of the domestic legal profession, lawyers and social Users are in China to discuss the incident, the rule of law brought about by the negative impact of all this opinion. There are also many people from the Liaoning Cheng-day individual lawyers or law firms of lawyers to face the reality of society classified as "vulnerable groups" and hoped that a more accurate positioning of the community. I am here to the following topics for small clues, users express their views on this topic.

First, you have the new lawyers in China since "lawyers", "law of social workers" to "parties for the provision of legal services" of social change in the positioning of what is the experience?

Second, lawyers in the current judicial system and lawyers to complete the system to achieve its mission of safeguarding the legitimate rights and interests of the parties to maintain the correct implementation of the law and safeguard social fairness and justice here?

Third, lawyers practice in accordance with the law in its legitimate rights and interests of victims against illegal, the authorities have ignored the administration of justice how to do?

State Compensation Law Education Program - to expand the scope to improve standards

National tens of thousands of "milk" in the families of the victims through the sadness after the first, then they have to face a tough battle - from the company Sanlu issues such as powdered milk manufacturers for compensation.



More and more people began to question the scandal has been completely destroyed San Lu's brand in the market if there is the possibility of survival. In the face of possible future wave of civil compensation lawsuit, the San Lu tangible assets remaining to what geometry?



At the same time, some people have begun to concern when the San Lu's assets are not sufficient to cover the families of the victims compensation, the Government should take responsibility for what?



This issue must be "state compensation law" to answer.



In April this year, according to the National People's Congress Standing Committee to determine the 2008 legislative work plan in October for the Fifth Session of the 11th NPC Standing Committee meeting will be considered "state compensation law" to amend the draft.



Jiang Mingan, a professor of Beijing University Law School, told this newspaper, for the executive as a result of non-citizens the right to personal property damage, whether the executive should take responsibility for state compensation, the current "state compensation law" does not clearly defined. From past experience to determine if the issue of milk powder to the families of the victims on the grounds of inadequate supervision by the relevant departments to apply for state compensation, most likely to be rejected.



"But I hope that the State Compensation Law to amend the time to clarify this point, as far as government inaction, should also be included in the scope of the State Compensation." Jiang Mingan "Sanlu" formula as an example, if unable to pay compensation for San Lu Group , The families of the victims will be able to request state compensation to the departments concerned. Here, the State Compensation played a "compensatory".



"State Compensation Law" is about to face in 1994 after the passage of the first "overhaul." Over the past 14 years, the law has been the social evaluation is not high, even by the "State law does not pay" a mockery.



An understanding of the law of the legislative process, informed sources told reporters that "the State Compensation Law" to amend the main focus is to improve the compensation standards, expanding the scope of compensation, and to increase compensation to a fair and public process. "But overall, the revised expectations from the outside world still exists a certain gap."



"The worst effect of the implementation of the law"



In 2005, was held in Beijing to commemorate a "state compensation law," the 10th anniversary of the implementation of the forum. Meeting a professor of law under their own judgments: "In the implementation of the State Compensation Law of 10 years, we have learned much more experience. I think," State Compensation Law "is the least of the implementation of the law One. "



"State Compensation Law" Since then, labeled the "worst implementation of the law" label. It has almost become a consensus. The little extreme judge in the real world has not been too strong to justify.
Administrative law experts, have taken part in "State Compensation Law" and the drafting of the revised China University of Political Science and vice president of the Ma Huaide to our reporter revealed that a group of related data.



From January 1, 1995 to the end of 2004, Beijing accepted the ruling and state compensation cases for 89, a total amount of 2,190,000 yuan, "a huge Beijing, 10 cases more than 89, from country to country Violations caused by the loss of far more than 2,190,000 yuan. "Ma Huaide such comments.



Over the same period, procuratorial organs handled a total of 7823 such cases, the decision to pay compensation of 3167, the amount of 58,195,300, an average of more than 300 a year, each of the 10 provinces. Court handled a total of more than 15,867 cases, the decision to pay compensation of 5442, an average of 540 per province 18.



Harbin's Sun Guihua, Deputy Attorney-General summed up the view that the State Compensation "high threshold, low standards, the narrow scope", it was often difficult for people to enter national judicial proceedings for compensation.



Sun Guihua also the 11th National People's Congress. In last year's two sessions, Sun Guihua to the National People's Congress to amend "the State Compensation Law".



In recent years, in the face of ineffective implementation of the "State Compensation Law", on behalf of the National People's Congress to amend the law to the recommendations of an endless stream. In 2003, Hao Jin-ming of the CPPCC National Committee members to submit proposals to amend the proposal, "State Compensation Law"; in 2004, members of the CPPCC National Committee Li Daomin submit proposals; in 2005, the CPPCC National Committee member Chen Zhilun to submit proposals.



In 2005, one week there were 13 amendments to the State Compensation Law of motion served on the joint motion of the Committee of the NPC. To participate in a joint motion on behalf of the National People's Congress there were as many as 500, or when the NPC session on behalf of the nearly one-fifth of the total number.



"State Compensation Law" is obviously inadequate in the law school is a consensus. At the same time, but also note that many experts have stressed that the law of the development of China's democratic process and the rule of law.



"It's a landmark. Because it is the first time in the form of special provisions of national law with the same individual, it is necessary to conduct their own legal liability, and improve the state system of legal responsibility." Ma Huaide stressed.



Improve the standard of compensation



A well-informed sources, "the State Compensation Law," the standard compensation provided for in this revision will be improved.



Under the current "state compensation law," violation of personal freedom of citizens, the daily compensation in accordance with the country's annual average daily wage workers.



In 2004, took place in Henan along the famous "Weigou murder" case, the high steel as a "Weigou murder suspect" was held 677 days. After that, high steel was acquitted. He later received compensation for the extended detention is based on the daily average of 55.93 yuan of compensation standards.



In a more serious case, the only compensation or even a dollar a day.



Harbin City, Heilongjiang Province, railway workers SHI Yan-sheng as a result of "looting" was sentenced to death for a two-year reprieve, his mother, and so cover up the crime were sentenced to 3, was proved to be a gross miscarriage of justice. They 7, a 5101 days in custody, and compensation are only 6,000 yuan a day of freedom at a discount to more than one dollar.



The controversy surrounding the law also includes a lot of problems, the state's tort victims can not get compensation for moral damage, as well as the original provisions of the standard of compensation is too low.



An extreme case occurred in 2001, the famous "virgin sex case."



Ma Dandan case the victim will be followed by Jingyang Xianyang Public Security Bureau and the Municipal Public Security Bureau to court, claiming damages the spirit of 5,000,000 yuan. Finally, Ma Dandan was 74.66 yuan, as illegal restriction of personal freedom for two days in damages.



The academic community has been strongly advocated the spirit of the damages as compensation for the contents of one of the country. "Damages the spirit of the victims to give more countries to express their condemnation of the infringement, to console the souls of the victims in order to correct the improper acts of state administration." Ma Huaide said.



In the National School of Administration, Professor Ying Songnian view, does not provide for compensation for moral damage "the State Compensation Law a major flaw." "In a sense, in fact, the spirit of the damage more serious than the actual damage. Ma Dandan in how much mental damage, damage to the spirit of family, it is difficult to buy. But this Things more than once. Therefore, if we still do not increase the spirit of the terms of compensation, it really can not explain. "



An understanding of the legislative process have revealed that damages the spirit of the "expected" to enter "the State Compensation Law."



Ma Huaide said, "the State Compensation Law" was enacted 14 years ago, at the time that the abide by the "Tianpingbuqi" the principle of compensation, the amount of less-expensive, but a unified national standard to follow, leading in both the developed coastal areas, or, Land area, all using the same standard of compensation.



"Tianpingbuqi" standard, also known as "compensatory" the principle of compensation. The outside world has always advocated the "State Compensation Law" in a "punitive" damages standard.



The current method for calculating compensation for the "custody and a day" compensation "day" on the country's annual average daily wage workers. Ma Huaide explained that if the "custody and a day" compensation "two days" over the workers on the average wage, then only in line with the "punitive" damages the principle of the definition.



"In fact, we are now qualified to raise the compensation amount. In recent years, as China's economic development, governments at all levels of the financial situation has been greatly improved, has the ability to provide more compensation." Ma Huaide said.



A well-informed sources, "the State Compensation Law" in the revision would not be a "punitive" made it clear that the standard of compensation, but the actual requirement will increase the compensation standards. "But the range of distance there is a gap between the expectations of the outside world."



According to the current "Law on State Compensation," compensation for death, does not distinguish between urban residents and rural residents, according to the reunification of the "national year on the average annual wage workers" to determine the basic standard is a step forward, but it was not clear , The Supreme People's Court's judicial interpretation in the light of "the State Compensation Law," the above-mentioned provisions, however, urban residents and rural residents a clear distinction between. Created a "life with different

Damages theory classification

Damages are divided into: an agreement for damages and statutory damages, statutory damages can be broken down into the statutory punitive and compensatory damages statutory damages (actual damage / loss of interest available).

Civil liability for breach of contract, including its primary responsibility to compensate for the basic functions of punishment is exceptional, complementary. If it is not the law specifically provides that the statutory damages, in principle, should be a statutory compensatory damages.

Reference to the law "Contract Law" Section 113 subsection 1: a party to its obligations under the contract or do not meet its obligations under the contract agreed by the parties, to the other side's losses, should be equal to the amount of damages for breach of contract caused by the loss, including the performance of the contract after Benefits, but no more than one party for breach of contract when the contract should be foreseen or unforeseen for breach of contract may result in the loss.

Well-known defense lawyer for the Jia Yang has acquitted the contractor cases

BEIJING, Oct. 13 Xinhua 9:30 today, "Jia Yang case of assaulting a police officer" in the second instance of the Shanghai Municipal Higher People's Court of the Fifth open to the public. The defense lawyer for the Jia Yang Shanghai is well-known criminal lawyer Zhai.



Zhai, Shanghai law firm website information shows that Zhai was born in April 1957. Admitted in 1978 at Shanghai's Fudan University (later incorporated into the Shanghai University) Department of Political Science and Law, law degree by 1983, Shanghai has become the "Cultural Revolution" after the first batch of graduates of the legal profession. After graduating from school teaching, and other co-author of "Concise Guide to the Criminal Law" and as the Shanghai University College of Liberal Arts Faculty of Law, Deputy Head of the Department.



Zhai 1984 from engaging in part-time lawyers, the Shanghai office of the Joint Assistant Director of the law firm, the second director of the reception room. Shanghai in 1989 was named the "Top 10 criminal defense lawyers," and "Tu Jishou Shanghai New Long March." In 1995 to engage in full-time lawyers, in October the same year, with others to set up a "law firm in Shanghai tomorrow," the director of the office. In November 2002 and founded the city's first personal business law firm - Zhai, Shanghai law firm, the director.



It is reported that Zhai is an expert in criminal defense lawyer, has been engaged by the managers of his major criminal and civil cases over 1,000, all over the country. He had been Tsan party to the court "operations around the gunman did not fire the players do not Yun, indomitable fighting hands." Its contractors later acquitted in the case are numerous types of doubt, in 1985, was sentenced for corruption (sentenced to 10 years) imprisonment for the second project of the Ministry of Railways Board engineer Bu Genliang Deputy Ombudsman for acquitted End, the case nationwide sensation.



"Jia Yang case of assaulting a police officer," Zhai before and after contact with three of the Jia Yang, saying that "his mental problems," the court to apply for re-identification of the Jia Yang for mental illness.

2008 Beijing Forum on prison places great importance to the opening of psychological intervention to prevent recidivism

Ben Wang Beijing on October 10 hearing intern reporter Li Song Jie Huang Xu Weilun this morning, a three-day 2008 Beijing Forum on prison places in Beijing, from Beijing, Guangdong, Hong Kong, Macao and Singapore offender treatment expert Together around a common "psychological intervention and the transformation of criminals," she said. The experts participating at the meeting said that most of the inmates there are varying degrees of personality disorder and other psychological problems, such as psychological intervention does not take effective measures not only affect the stability of the prison, and very likely to be the incentive for them to re-crime .



It is understood that the "Guangdong, Hong Kong Prison Forum in Beijing," the predecessor of the "Guangdong-Hong Kong Prison Forum" in 2004 by the Prison Administration of Guangdong Province and Hong Kong Correctional Services Department's co-founder. Participants will also focus on the psychological assessment of the danger of criminals, violence and suicide scale of the design and application issues such as a three-day seminar.



In this morning's discussion, the Beijing Municipal Prison psychological treatment director Cao Jian made a wide "anti-social personality disorder personnel serving the cause of research and intervention," the report pointed out that Beijing is currently in prison serving a sentence of anti-social personality disorder have been accounted for The total number of inmates into three or more.

Court information on the characteristics of the role and method of editing

Modern society is an information society. Information is the work of leading modern understanding of society and public opinion, to make scientific decision-making and effective coordination of an important means. At present, the People's reform and development is at a crucial period for the trial, judicial reform and the building of a very heavy task, the new situation and new tasks called for further strengthening the work of the court information, so make the best of the work of dynamic leadership, and leadership for scientific decision-making Provide sufficient basis for the trial to provide quality services. And grasp the characteristics of the style and editing of information is edited and distributed high-quality information precondition for the court. Recently, the Court held the use of the province's information staff training opportunities to speak, and the author of the Court of information on the characteristics of the role and method of editing and other issues of the superficial.

Court information on the characteristics of style

Information is the work of the problems reflect the basis for decision-making and leadership. Culture and sports, it is a report on the work of the authorities, exchange, guidance text short of refined materials. In the current dictionaries, it is difficult to find out cultural information be explained. In the traditional secretarial, correspondence school writing, writing the information is often classified as "brief" or other forms of style, do not be regarded as an independent style commonly used for research. However, in recent years, with the information organs at all levels of an important clerical work, to become organ Office (Office) staff to play, the assistant role of the service an important part of the cultural information materials, instruments, institutions have become a Common form, have shown increasing its relative independence and became an independent style applications.

Information organs as a result of the different nature of work can be divided into party and government information, court information, such as corporate information. Information services is based on the leadership of the court decision, the trial service for the purpose of the court to reflect the important new situations and problems, transfer the trial, team-building, judicial reform in areas such as information on the work of the main contents of the court system produced a Comparison of precision a short, fast style of application.

Information on the court in style has its own uniqueness, of the main problems: the court documents and other information in the form of style, as well as news reports have different connotations and defined. Court information and report on the work of a speech summing up, notice, request letter, summary of the documents and other cultural and sports news and comparison, and have the same distinction. The same is true of the statements require accurate, or under-reported to have a variety of circumstances, the exchange or to guide the work of the functions of the difference is that each of the above-style set of information and services. News reports reflect the social circumstances of the popular public works, which serve the public. Court information on the court a more refined short, rapid application of the internal style, it reflects the work of the court, the main clients are the leading decision-making and working trials. Other documents for the official activities of an application instrument. Court presentation of information in the structure of the material, language style, length and professionalism of the clients, as well as submitted to the statute of limitations, the need for confidentiality requirements unique style with other documents and news reports differ.

Court information, including information and prepared the court brief. Information briefings and function are the same, and the difference is that the former than the latter are usually time-and narrow the scope of the documents. Culture and sports, the more obvious difference is the length of different length. From the Supreme Court because we prepared and issued two publications of the "information day" and "the work of the court brief" can be seen, "the daily information" very brief information on each, about half a page a few hundred words, the "briefing" In a headline about throughout the four or six pages there are thousands of words. But in fact the two are not strictly defined clearly. Do not write a briefing information and too rigid in the form of monotonous format immobilized. Sometimes there are briefings of short length. Sometimes as a result of the content of the information content of large and lengthy. Court information as a result of the different nature of the content is divided into dynamic information, the topic of information, comprehensive information, such as different species, specifically the work of dynamic, cases, experience, research, suggestions, questions, the type of system information. In the format of such information, the information can be a reflection of one aspect or more of the situation, may be one or more components of information; in the structure, there is no fixed at the beginning (or lead), the main body of the conclusion, With more flexibility and freedom, can be big or short paragraphs devoted to short fine, and briefly Ming-wen; in the content, which was lower than the broader document, a message reflected in the material content is not necessarily a pursuit of integrity, but it can be As an independent information to be prepared, through continuous feedback to achieve its integrity.

Court information on the status and role of

Good editing information to the court, to be on the court for information on the status and role.

Information is an important work of the Office of the Court functions. With the deepening of reform and opening up, courts at all levels to work for the trial of the new situation and new problems continue to make concrete decisions, the new measures, which require a large number of factual information, as to understand the situation, Decision-making, to guide the work of reference and a basis. Court information to reflect the real situation, the leadership of the decision-making to help promote the implementation of the work, service trial, the court plays an important work of the "staff" and the "eyes and ears", has attracted more and more courts at all levels of leadership attaches great importance to. Court information on the status and role of, mainly in three aspects:

(A) leaders at all levels of decision-making basis.

Party committees at all levels of courts and determine the objectives and ideas as well as the implementation of the decision-making must learn to master a large number of first-hand information, take a great deal of information. The relationship between information and decision-making: the decision-making information is the foundation and basis for decision-making is to judge and use information. It can be said that the information was "seen on the base, the road to success." Decision-making because of the need to use information to form judgments, decisions need to be implemented through regulation and control information, the implementation of the decision-making after the close of the information by virtue of the need to sum up, in order to create conditions for a new decision-making. Information to do good work, the information provided in a timely manner not in a timely manner, the real unreal, not fully comprehensive, it will affect the leadership of the courts at all levels of decision-making correct and scientific.
A) The editors of the essentials

Around the center. Around the important work of the party's central task of the Court and the overall situation and needs of editing information. As a result of editing standards to measure the quality of the information, is editing the party's message of the overall work of the court and the central task and the applicability of the availability of strong, the editors of good information, there is only one standard, which is edited and distributed information on the work of the Court On the wrong road, out of step together, there is no reference to the reference value and how much. Accordingly, it is necessary to study and grasp the party and the state's line, principles and policies, but also the use of a variety of channels, with accurate information concerning the work of the Party Group of the Court and the deployment of major concern, the work of the court make the best of the overall situation and the specific situation To understand, analyze, judge of the Court of information on demand, for a period of time to know what information should be focused on editing. On this basis, to form their own opinions and recommendations prepared by the Court of collecting information for the reference to the leadership.

Quick initiative. To take the initiative to fast editing and the trial court and the building of a major reform, issues, events and other related information, including the important work of the Court of ideas, progress and problems, as well as the achievements of experience, and the courts in accordance with the central, provincial party committee and A higher court called for the deployment of the work, achieved results, problems and recommendations and the relevant authorities and so on, In addition, the Court of major cases and judicial reform measures, as well as major accidents, disasters, particularly in major emergencies, and so on, all the These are asking the court to information staff to be proactive rapid editing of information submitted, so that a pretty good idea of the leadership in order to keep the decision-making and guide our work. To this end, the information should be submitted to the quick editing and pay attention to timeliness. The Special Court is an emergency, action to editing more responsive and faster.

New realistic refinement. Editing information to the court point to the work of the new situation and new initiatives, new experiences, new results and new problems. Content to have novelty value, time submitted to the "early" leader; point of view in order to reflect the "new" giving priorities; reveal the nature of the "deep" to win. In the selection should be on center court at the current legal and social focus of the difficulties the benefit of the doubt, so that his leadership is eager to get to know or need to be solved. Seeking truth from facts is a prerequisite for information editing, editing and objective information to be true. No fraud, not based on hearsay evidence, not hearsay. Bad with the good news is not personal prejudice, not an exaggeration to hide, not doped water, it is necessary to true and accurate and appropriate. Information Services result of the decision of the functions of its short length features, editing of information to be brief refining. Prevention of beating about the bush, empty, flashy, or empty talk, specious.

Comprehensive analysis adept. Information that is in the process of editing, will be good to classify all kinds of information materials, comprehensive, draw conclusions, qualitative and quantitative analysis of the problem to find the reasons for suggestions from the results brought out in practice, to find the facts in the law, personality China leads in common, a mining law, universality, tendentious, signs, forward-looking things, to form valuable, in-depth information. To that end requested information timely and accurate editing a comprehensive, innovative, analysis, countermeasures and suggestions. Court leadership and the need to take into account the information to editors, but did not take into account the practical needs of the editing also. Leading to the attention of the court or a major impact on major cases and other issues, such as editing in a row must not only reflect the beginning of the process as well as reflect, to take countermeasures, as well as the final results of the impact, and so on, leading to the decision-making to do Assisted good work. At the same time, efforts to improve the analysis, synthesis and forecasting capabilities, the promotion of information into the results, to maximize its decision-making services.

Grasp the principles of the newspaper and mixed. Information should be editing hi good news, bad bad. But sometimes, and editing information to reflect mainly reflect the exposure of the unit, leading happy, perhaps the editors to pay. In this regard, in some cases may be another angle to write, such as through an analysis of Justice Statistics, the analysis of the problem, to send a message. It is worth noting that the higher authorities to make laws in connection with the visit, anti-violence law, and other urgent emergencies and other major issues such as bad information, as soon as possible to report to the competent leadership, in accordance with the relevant provisions of the information submitted to the prepared information, in particular, Them late on the possible serious consequences of the information, we must employ the fastest speed of the incident and the reasons for the situation, such as editing, the first time the issue of leadership in charge of cross-reporting. And disposal process and results, timely and accurate newspaper added.

China-free system is fully abolished?

Sanlu milk powder incident led to the "Abolition of the food-free" is just the first domino falling, now is followed by a domino fall?? General Administration of Quality Supervision are ready to fully abolish the production of other products in the field-free system.



September 25, the General Administration of Quality Supervision Division of Product Quality Supervision, who said that the total abolition of the system-free products, the possibility of a "very large", AQSIQ will be followed by special "documents" to "the aftermath." This means that the State Council banned the Abolition of the food-free system, a range of products including household appliances, such as the production of the exemption system will be fully abolished in the years to adapt to the "exemption" system, Chinese enterprises will face a new survival环境.



-Free era is about to end



System-free products in the face before the repeal, the exemption as a legal system based on "product quality supervision and inspection from management" has in fact been declared null and void.



Reporters learned that Sanlu milk powder led to the incident-free food system was abolished, many non-food businesses are asked to the General Administration of Quality Supervision-free system, as well as the title of exemption can continue. For this, they were answered yes, system-free products on the adjustment of product quality will be responsible for the Supervision Department to make recommendations and opinions.





"The total abolition of the exemption system, the possibility is very large, because the product-free way to have been completely abolished." Sept. 25 in the afternoon, the quality supervision and Secretary of the Comprehensive Department who said that he also said, "Now the milk is The most urgent, however, on the follow-up system-free policy will be issued later. "



Have participated in on the proceedings of the General Administration of Quality Supervision lawyers appear to Zhang Xianfeng, the State Council is clearly in the field of food abolition of the exemption system now, "although the old management approach to repeal the exemption, but the confiscation of the tail, the new exemption may be Out. "



He said the "tail", referring to the still valid in other documents relating to the exemption provisions. AQSIQ issued in 2001, "Chinese famous brand management" (hereinafter referred to as the brand management), the 24th article stipulates that: in the life of Chinese brand-name products, from government departments at all levels of quality supervision and inspection. "If this document is not repealed, said that the exemption will not be able to completely abolish the system." He said.



However, the National School of Administration, Professor Wang Yukai view, the product-free way to the repeal, as well as the the Abolition of the State Council banned the quality of the food-free system, only "the beginning of a storm." When the reporters on this matter to the General Administration of Quality Supervision confirmation of the Information Services Department, where the relevant person in charge said only that "policy-related research, for the time being has not yet been determined to speak with one voice in foreign."



Cut off the last of the "tail"



Zhang Xianfeng-free system that the "final tail", is also faced with the "fate of the ruling," Sept. 25, the General Administration of Quality Supervision Division of Product Quality Supervision, said, "do not rule out the repeal brand management. "But that is still under way," the entry into force. "



Coincidentally, in mid-August and approved by the State Council's "State General Administration of Quality Supervision, Inspection and Quarantine of the main duties of their internal structure and staffing requirements," provides that the General Administration of Quality Supervision no longer apply directly with businesses and the brand-name product selection Activities.



In this regard, Zhang Xianfeng also released a letter to the General Administration of Quality Supervision, the proposed repeal of the management's request, after he once again received a telephone Miss Dong Xing, the General Administration of Quality Supervision, said the person, brand-name products named China, " Sooner or later will be abolished, just a matter of time. "



"It has not yet abolished the brand management programs and determining three things contradictory, it should be repealed." Zhang Xianfeng said.



Bishi, and questioned the Chinese brand-name-free system, there are a number of scholars and policy researchers. In the following years, questioned the Chinese brand-name-free system and the elimination of several waves of a few up.



However, the final push in the field of food-free system, the abolition of the Sanlu milk powder incident, three years after
The first is an intermediary body between the selection of honor can have direct access to administrative rights.



In the General Administration of Quality Supervision no longer directly named after famous for its functions by the relevant intermediary organization to bear. However, the brand is still operating management of the 24th article stipulates that "Chinese famous brand products in the life, freedom from government departments at all levels of quality supervision and inspection."



As a result, by the intermediary organization selected by the Chinese brand-name products, it was a legitimate check from the government the right to "This is very strange." Zhang said.



Second, in determining three things after the introduction of the program, the AQSIQ did not set out documents from those of the General Administration of Quality Supervision selected by the Chinese name brand products is still in use. The way to the twenty-second article: General Administration of Quality Supervision granted in the name of "Chinese famous brand" title, awarded medals and certificates Chinese brand-name products.



Weigh the interests of the government and enterprises



In fact, the exemption question the system has been going on for several years.



Has been called for the abolition of the exemption system, Zhang Xianfeng, as early as 2004, it raised the question of exemption system. At that time, he addressed the media and the General Administration of Quality Supervision and Quarantine issued an open letter. Subsequently, he received from the General Administration of Quality Supervision claiming to be Miss Dong Xing telephone.



At this is defined as a "private" in telephones, Miss Dong stressed that the two-free treatment is, is a simple recognition, rather than administrative licensing, there is no executive privilege; Second, even if the exemption is, "We are also Richard is not, we always check. "



Zhang persuade her to restore the impact of the media, specifically referred to the Sanlu milk powder case in point.



In 2004, San Lu has been involved in the Fuyang milk powder incident of drug blacklist. However, there was product-free access to and quality of Chinese brand-name products Sanlu title, quickly pull through. April 26, including the General Administration of Quality Supervision, the four jointly issued a document requiring law enforcement agencies around the Sanlu milk powder to allow normal sales.



Miss Dong Xing Zhang said that with local government departments work properly, so that San Lu Group "wronged", to the San Lu has led to great economic losses, "you are now calling for the abolition of exemption system will be exempt to the title of the product Loss of businesses and enterprises will blame you. "



Bishi, and questioned the Chinese brand-name-free system, there are a number of scholars and policy researchers. In the following years, questioned the Chinese brand-name-free system and the elimination of several waves of a few up.



However, the final push in the field of food-free system, the abolition of the Sanlu milk powder incident, after three years to come, so that Zhang was a sigh, "If it is not the case, the abolition of the exemption system may not matter to come so early."



According to his analysis, product-free products has brought the regulatory vacuum. AQSIQ mainly related to the supervision and inspection of a production, "However, they set themselves, abandoned their duties under the law."



In the above mentioned product-free approach, system-free introduction of one of the purposes is to alleviate the burden on enterprises. Does not indicate a source of the statistics, 1489-free access to qualified enterprises, 100,000,000 yuan every year to save the cost of testing, this calculation, each business can save an average of nearly 70,000 yuan.



"How much does it cost-free to save, we did not make their own statistics. Enterprises, but, save a few million of the cost of testing, need not concern the content." Related to a food processing business with the person in charge told reporters that "we The multi-product-free as an advertising effect. "



Wang Yukai in it, "the government and the market should be divided border, the Government has done is to determine a bottom line. For example, to determine the quality of the product is not up to standard qualified, should not make a good or bad quality certification, product quality Rely on the market to determine. "





Small data



Origin-free system



Product-free system began in the 1990s. At that time, a number of local technical supervision departments of the local inspection for several consecutive years of qualified products in a certain period of time from supervision and inspection.



In 1999, the exemption system throughout the country to start. December that year, the State Council issued the "Regulations on the quality of products to further strengthen the work of a number of decisions" (hereinafter referred to the decision), in line with the provisions of the conditions of the product, "can be defined as product-free."



In March 2000, the former State Quality and Technical Supervision issued "product quality supervision and inspection from management" and its "implementation details" provides exemption given special rights to the product --- "in the period to which the exemption, as well as government departments at all levels Circulation in the area are not allowed to carry out quality supervision and inspection. "



In the same year, the first-free list of products released.



In December 2001, AQSIQ issued a new "products from quality supervision and inspection management", a growing list of product-free expansion.





Bishi, and questioned the Chinese brand-name-free system, there are a number of scholars and policy researchers. In the following years, questioned the Chinese brand-name-free system and the elimination of several waves of a few up.



However, the final push in the field of food-free system, the abolition of the Sanlu milk powder incident, three years after

Legal Services lawyers

The major lines of business



1, the Legal year
For the client's production, sale, operation, management, with a full range of legal services, including: providing legal advice; legal meaning
See the program and the law; review of the draft, a variety of amendments to the contract; participate in the economic negotiations; deal with a variety of legal disputes; improve management
The rules and regulations; for the legal staff training; special for Legal Affairs; and so on.
2, intellectual property rights of Legal Affairs
(1) Acting cases of intellectual property rights
Ownership of intellectual property rights disputes, intellectual property infringement disputes, intellectual property rights, contract disputes, trademark and patent row
Political cases, network cases, the domain name cases, technology contract cases, other intellectual property cases.
(2) intellectual property agents arbitration cases: a contract arbitration case of intellectual property rights, domain name dispute arbitration cases.
(3) intellectual property legal advice: for the client to provide oral or written legal advice.
(4) Legal Web site: Web site operators with a full range of legal services.
(5) intellectual property rights training for law: According to the client's request to carry out training in intellectual property law, the provision of quality legal staff.
(6) to register copyright agent:
Computer software copyright registration, registration of copyright works at home and abroad, the copyright registration of the contract, such as copyright registration.
(7), the drafting of the contract or other intellectual property rights of intellectual property rights of legal documents.
(8) for other intellectual property matters:
Web site agent for the record, registered trademarks, patent applications, registration of software products, software companies, such as that.
3, and other special Legal Affairs
(1) for real estate disputes, disputes equity, economic contract dispute cases, foreign-invested enterprises contract disputes;
(2) to provide real estate development, investment appraisal, corporate restructuring and liquidation of companies (including bankruptcy) of the whole legal services;
(3) shares issued for stock and other securities listed on Legal Affairs;
(4) to participate in the economic negotiations, contract drafting and Economic Review, issued legal opinions;
(5) According to the commission's clients, for other specific legal matters.

"Bar Digest" and the relationship between drugs and liquor: lawyers Digest published to commemorate the fifth anniversary of 17

"Bar Digest" and I, 50-year-old than the five-year-old (50 «5). As she nurtured the growth of an age of the greatest editors, when the occasion of her fifth birthday, she recalled growing up in the rough Ke said, is equipped with Kula together mind, it do not know what that good. In order not to stray Miles, I only talk about drugs with her relationship with wine.

Chinese medicine is one of China's national essence. Chinese medicine practitioners of Chinese medicine at the unilateral and two compound. Unilaterally by the composition of a drug, its effect minimal. Compound is composed of a combination of drugs. This is due to a variety of prescription drugs with Jun, Chen, Zuo, duties, their role, effectiveness of a comprehensive, permanent cure is often temporary, drug disease. Especially in the old Shen Ke, if the right remedy, its effect very significant.

Currently in China, the old Adds new cases of the above, and are considered incurable diseases, has come to rely on unilateral no cure stage. Therefore, "lawyer Digest" use Meng Yao, the nature of the same article edit together as a "compound" effect, spacious meeting from waste, life and death Rougu. To cite just one example here. 2004 The first series, against China's constitutional problems, we focus on disseminated a group discussion of the constitutional article. This series of articles include: the "hot topics" section, we published the "Nanfang Zhoumo" Xu Xianming, He Weifang, JI Wei Dong, Wang Bo, who interviewed a "constitutional way: from the beginning to respect the constitution" and Dr. Wang Feng " Xu Xianming: Interpretation of the human rights amendment to the Constitution ";" to return to the scene "column, we published the Fuyang (that is, Fuguo Chung)," the 1970 Constitution before the discussion "in the" Essay "column, we published the Hu Shih "Constitution as law-abiding," the Miss Bear "in the Constitution the people's rights and obligations," He Weifang, "Lou Jinshi of the Constitution," Wang Bo, "Socrates choice and constitutional problems." This series of articles constitute two levels. First, "the 1970 Constitution before the discussion" reflect the overall period of China's legal profession in the constitutional understanding, and then by Hu Shih, Miss Bear, as the article so that we can see that the two academic master of constitutional Jutierwei analysis. Both face, and a bit, both comprehensive and specific. Second, the "constitutional way: from the beginning to respect the constitution", "Nanfang Zhoumo" Xu Xianming, JI Wei Dong, and other nine professors, scholars, the interviews, more comprehensive reflection of the contemporary understanding of the academic community on constitutional, and then through He Weifang, Wang Bo Let us see the article in today's legal circles of the two star on constitutional interpretation. Thus, the relevant constitutional issues Xingsan articles will gather together, like Ma Liu Ning-rope, Wu Zhizuan into boxing, China's intransigence on the "rule of man" formation "smitten with." So, in today's environment of public opinion, a publication which can do this » This is the "Bar Digest", "compound". This feature is the other publications do not have.

Liquor is a special drink. Then fill drink less, drink more while drunk; Shujinhuoxue drink less, Air impotence and dizziness while drinking more dizzying and indifferent. Over the years, the Digest colleagues generally do not drink, if two drinks on drinking wine, one for the "impotence wine", a "narcotic wine." The so-called "impotence wine," is Enough is enough, the impotence of the Air liquor. The so-called "narcotic wine", is Jiejiujiaochou, "Pop the Cork" wine.

Digest editorial board colleagues knew that accumulation is not thick, less than confident, often to the experts, scholars ask for their support. These experts and scholars sometimes Quzun Wang drive the editorial department, then the editorial department will ask them to drink, with an open mind to listen to their teachings. Is the so-called " We Kaihuai drinking, express opinions. At this time, Jiuqi and "morale", so that we gall it Zhuang, gas, it hao. The most memorable is the end of 2004 and the end of 2005 after a reception hosted two seminars, but also prepared by our pride, full yang. However, the Digest colleagues or drink most of the "narcotic wine."

As the saying goes, things often unsatisfactory life on August 9. Abstracts of the unsatisfactory some more things. Editorial Peer Although everyone is upright, but to cope with the reality since not all were useless, is the so-called "scholar encounter soldiers, justified Not sure." We do not meet environmental ways and means, inevitably run into snags everywhere. Over the past five years, the relocation of three abstract, three-for-Press, reflected the difficult situation of his. Each encounter great difficulties, such as suspension of cooperation between publishers, for good Gaozi was Bidiao, running the barrier issue, the editorial department will peer into the Jiupu, to drink cheap Beijing Er Guotou, Often drinking indifferent, can not find the path home.

As veteran Mr. Wang Gong said, "lawyer Digest" is "the most growth media", to grow, it is necessary to absorb new knowledge, we must continue to accept counterparts, expert guidance, therefore, we foresee that we will continue to To drink "impotence of liquor."

At present, we in this "Yingxiongqiduan" Running a special environment, we also encountered unexpected difficulties, so we predict, will often drink "narcotic wine", and constantly use the "Beijing Er Guotou" The ethanol our nerve palsy.

Yaoxiang 90 years ago, called the Republican president, as the Dufuminzei of Yuan Shikai deliberately Chen Di, the world public opinion to raise the "encirclement and suppression", but "Ta Kung Pao" newspaper still Yuan "cynical." This two-10 years, "Sichuan group" Fan-week editor-in-chief at the gate posted a couplet:
In celebration of the martial law period, half joy, half of fear;
Non-era freedom of speech, while Xia Bi, a Watch.

Although Douzhuanxingyi 90 set, but the situation He Jing He was coincidence and at this point in time. While commemorating the "Bar Digest" the fifth anniversary of the moment, as citizens of the 21st century, I still "half-half is the joy of fear" in writing this article, I also still "a Xiabi, a Watch", I am afraid, which used the word When . Therefore, I can only remember "less than" Guxun, but to Cangtian bless, "lawyer Digest" Yuebanyuehao!

Scholars and lawyers in the "edge" complaining: lawyers Digest published to commemorate the fifth anniversary of the 14

To tell the truth, "lawyer Digest" is not a university professor read the publication, but as a law teacher I am still very concerned about it: every one, I put it on the desk, Shunshou spent pouring over the back, and some also Table of Contents Read carefully. Text to a certain faith and heritage value of the Chinese intellectuals like the way the five-year, "lawyer Digest" seems to be this way have been working with us to tell what, convey what.

The first caught my attention is "lawyers Digest" the team: In accordance with the logo of Fei Ye, "lawyer Digest" by four men: the "academic adviser", "Editorial Board", "Executive Editor", "editor-in-chief and editorial" . There is no doubt that the latter is the real editors. In five academic advisers, as far as I know, there are three is pure academics, lawyers account for only two. This shows that, "lawyer Digest" trying to scholars and lawyers to find an export: jurists and lawyers in the present should be a matter of common concern.

In essence, lawyers and intellectuals, teachers, like the same community, belonging to "mental workers." Let's face which had the same world: We live in a spirit of the moment, almost exhausted. If an era of intellectuals to live not the bottom line, what a community like this can well be imagined. The problem we have is not only the publication of the article can not be published, the Da Buying win the lawsuit, but in order to survive you have to express who should not have published the printing of refuse, in order to support their families in the same you use non-legal means to manufacture Success. We are all accustomed to the rules of our world, as the fish swim, "Xiang Wang in the political arena." Therefore, this world can give birth Hunkui the literati, vulgar lawyers, Mei the conscience of the jurists will come as no surprise. The question is, Phi intellectuals since the "knowledge" of a skin, you must have the courage to "speak the truth" ( "The Law Society Digest" Di Liuji 2005), because knowledge is not lying; have to "save the lost soul" ( "Bar Digest" The first series of 2006), because the degradation of the first human soul from the beginning of loss. A line with the concept of teachers and lawyers are the same: a teacher in addition to life, he had to "educating people" and educating people themselves must first be an individual, not hypocrites; a lawyer in addition to making money, he had to "delivery of justice" , Even if the body alone Libo also make a start, must not . Teachers and lawyers, we are in with a quack, but we have to try not to be in the political arena. A small civil publications, can do only in academics and lawyers Nannanziyu, this is enough.

"Bar Digest" five-year chapter in the left-right process, tired of migration, that is, to what little the mission! Worldly affairs Zhennan, ah, the poet, "a tired Kong You," the spiritual sense of the phrase, I am afraid the editors of the harvest five years at the same time occasionally sounded. Do not forget, this is a "confusion of the times" ( "Code of the West are" • Harold Bloom, author of the phrase): We have lost the theme of the destination, but also a serious loss: thinking of exile so that we mistakenly That was free. When the idea was driven by the body, the body equally heavy. I feel the heavy: the dignity of knowledge, common sense also lost the use of the era, "lawyer Digest" to back our efforts. If you hate such a heavy, I should also be respected.

No "lawyer Digest" commerce of the tendency: lawyers Digest published to commemorate the fifth anniversary of 11

All those who have attained a magazine or in the community to stand on the market, its location is more critical. In the current era, seem to have targeted the so-called "precision" to the only two options: do the business, profit or non-commercial, non-profit for the purpose. I do not know the seriousness of this is-is worried. The "Bar Digest" positioning, Sri Lanka Mr. Jiang Wei Di Siji in 2006 published "Potpourri should be mainly commercial, mission, supplemented by" a text, talking about the history of some publications is also good to "make money". Also now love to do Chester or fighter's lawyer, "Dazhuodenglong also difficult to find," The implication is probably to "digest" ignored the profit or the wrong target and sad, yet it seems that those who trouble to survive the lawyers do not care "Digest" the mission of value, and so on.

For the Mr. These frank words, I have some feelings, but I was not called "Shuaizhen" language, I am afraid that this understanding is that there is still biased in it. In fact, for "hundreds of thousands of annual income," the Sri Lanka Bar, which can have a leisurely sit home in the living room for small slow chewing Digest purport of Aston, need not look too much at the Digest can make This money "vulgar" issue, and more attention to the era mission outline. This is cause to be suspicious, but also somewhat impressed. As an ancient saying goes, "The Road to set", it seems to say in profits. When the author of modern Running like a commercial or profit-driven as the preferred, indeed Xishi.

I usually like to write more news comment, before a major contribution to the weight of its own value newspapers, specialized aimed at central-level newspaper "start", and now it has changed the concept, to the Who's Who wrote Gaofei give (Of course, some " Non-newspaper "their quality is also good). This sounds a bit helpless and self. But I always believed that a person can choose to hit a certain point it seems that the interests of "profitable" the writing path, but a conscientious publications can not be wholly or mainly for profit or to change their design to stop the trend of the value of location and . At least from the history of those handed down to look at, almost rarely achieved through commercial operation of the classic. Simply said that those thinking of classic wisdom of the rule of law itself is priceless and can not be used to measure the value of commercial or decorated, to seek progress in those where they are Teana like the Gospel and in ignorance or the right to the eyes, as if it Fentu . Commercial may be able to obtain a temporary economic return, but Juenan create truly stand the test of the quality, not shock or impact on people in an era of the rule of law humane feelings.

A bluntly say that, for some magazine's positioning, it can not arbitrary. For instance, the Law Society magazine, I do not propose is not optimistic about its business into nature, that is, commercial Xianggao can not engage in, such as the Law Society magazine in all likelihood Gao Bucheng commercial, because Its essence the absence of such genes. If the hard pursue "La Langpei," then perhaps only those stall into the category of "legal system literature," the ranks. China has also been done in this area and try to counsel magazine wanted to "advance" to the people living their daily work, but the result is not satisfactory.

Also, the magazine "audience", if the economic situation in general that those lawyers in particular, young lawyers pay more attention to bread-off Xiao Rizi, and for including their own professional and reading tastes, and so the pursuit of material gain will be wearing tinted glasses To examine and measure, then I am afraid that even some of the subjective assumptions. In fact, the more marginalized in the struggle to survive or more of the dark side of social contact, often more eager to get the spirit of ideological inspiration and guidance, the more kind of lofty expectations and accept the values and mission Danding the test, It will be able to have their real "wealth" or always accompanied by the mentor. For that even the lawyers have tried to incorporate the magazine business the way of thinking, I always suspected it to the current practice of some people advocate the mission will be professional lawyers and legal status "to justice, by commercial" point of view is quite Tacit understanding in it. It is broken undesirable.

When the lawyers are not interested in an industry magazine, we should perhaps reflect on these readers is not even the professional level of economic status, but more consideration should be given to the magazine itself in achieving quality and enhance the impact of publicity is doing is far from enough, you Publications, there are no people can really move things » What you have to issue the voice » Selection from the "technical" point of view, whether a little more professionalism » For example, or a comprehensive around "justice, human rights," an issue for the subject to Jizhuoyangqing; like lawyers or sophisticated business-oriented, focusing on services such "half a manager" lawyers. If the contents of the miscellaneous and lack Program, as the "Arts Taikan" In fact, it lost its own characteristics and advantages. This is like many Digest publication committed to the defects, is not to say that you belong to "digest" can Xinshou "extraction", as things to pick at best, is a gorgeous embellishment or patchwork, not a real rally of their own " Jingqi Shen infants "or inner strength. On the contrary, why the "Reader's Digest" to create the spirit of the feast at the same time, also won a commercial miracle » I think that all of its material revolves around "touched the depths of human nature Flanagan string children," the main thrust of the article to do it with a specific and powerful "network" of the line always firmly Yezhe readers The hearts and eyes, and ultimately win the market.

I have not had the experience of press and publication, but as a reader, a lawyer, I, "lawyer Digest" The only requirement is that more truly touched hearts of the article, it must account for at least 3 percent of each phase of the magazine The proportion of over 10. After all, "Qianzhu the soul, Qianzhu the eyes." I even look forward to, to have some articles I read repeatedly , or even want to "back down" the impulse. At the same time I would like to note that neither follow the path of official support, or explore the methods of self-promotion, not to the best of such a business, "Guagugangdao" easy-in their own necks. That would be Yinzhenzhike or chronic suicide.

Bar Digest simple: lawyers Digest published to commemorate the fifth anniversary of 8

Bar Digest simple
Baishou venture in the civil
Hard work calendar five-law not to release Jiang Jing
Bogutongjin illustrates justice law
Matilda failed to identify Shenyan
Professional skills of leaders
Realm of high academic thinking
Masterpieces own eye
The elite lawyers in Mitac
A short span of five fruits Shing
Pioneer is the spread of the rule of law
Wu Bei Zheng-Rong Jian Chuqiao
Human rights concept as a first
Social harmony and progress
Is a cornerstone of democracy, rule of law
It is hoped that a more public housing
Fajie see pillars of the Ming dynasty

Chinese lawyers individual business issues

The opening of individual lawyers are lawyers one of the basic economic freedom, but in the world, lawyers in the practice of the organization in the form of lack of individual lawyers opened this form, although we can not say that China is unique, but can also confirm that China a very small number of countries. When the Chinese legal profession is in the scale of the noisy and restless time, the overwhelming majority of people have forgotten the rational development of its own lawyers to explore the inherent laws, opening the voice of the individual lawyers were flooded in the scale of the wave. Based on the study countries in the world body form of lawyers, on the basis of individual lawyers to explore the root causes of business in China and the need for lawyers at the same time opening the possibility of individual attention, hoping to hasten the opening of Chinese lawyers individual legislation And the birth of the system.







First, the individual lawyers in the business world and with the status quo in the existence of the root causes

Bar is open from individual solicitor of the natural or solicitor licensed lawyers in their personal investment in the establishment of a separate, independent accounting, self-financing, and all personal property to its commitment to unlimited liability lawyers institutions. Individual business lawyer is a lawyer practising forms of organized original state, is a lawyer system has produced since the spontaneous formation of a existence. Despite the various countries or regions of the Law Society of the conditions of individual business requirements vary, but this practice is to form the overwhelming majority of countries and regions recognized by lawyers and generally adopted. However, human development has produced many of the achievements of civilization is not rational from the pre-designed, but depends on evolution of human society in the course of the spontaneous formation of the natural order. Individual lawyers forms of business organization formed in a variety of factors working together and spontaneously formed, and these include both external factors such as freedom of tradition, political system framework, the rule of law and market economy development and so on, as well as individual lawyers This form of opening their own inherent attributes and personality traits. We might not be entirely sure way to the superiority of this practice, but also no reason to deny the existence of reasonable, the most important thing is that this form adapted to the practice in their countries and regions, social development and progress of civilization needs. Well, lawyers opened the rationality of the individual that is the root of its existence in what is »

First, individual lawyers opened in the presence of lawyers from their own independent work patterns.

I have "the freedom of lawyers" a paper, summed up as the independence of lawyers, lawyers attribute the decision and the rule of law for the performance required by the spirit of independence, independent thinking, independent, independent of the characteristics of responsibility . This is a lawyer with the characteristics of the whole, regardless of the form of individual lawyers or business partner organizations, resulting in this paper, the independent counsel's work patterns have close ties and have significantly different. Contact the independent counsel's work pattern is established on the basis of the independence of lawyers, and the difference is the work of independent lawyers is a form of the working methods of the external appearance, that is an individual lawyers can rely on the law given itself the right abilities and capacities Complete independence of the legal services needs of the community, and in the name of the individual able to bear the legal responsibility of an independent state, while the independence of a personal, disposable, not affiliated with any of earning the economic or social organizations. If an individual lawyers have such a state of individual lawyers with the opening on the premise that this is the main lawyer individual operating conditions of the request.

Secondly, the individual lawyers opened in the presence of lawyers from the legal services provided personalized products.

In real life, lawyers for the community to provide legal services in almost every one product with all the obvious characteristics of personality, especially when the individual lawyers formed a unique personality characteristics, services provided by lawyers on the product is no longer a Not the type of personality, but as of the existence of specific social needs are often looking for is a specific provision of legal services lawyers, even the partnership of lawyers or a higher form of the practice bodies can not shake off the individual services lawyers This brand products. Lawyers to provide legal services to the personality of the product caused a direct result of the formation of the legal services market segmentation and refinement, while lawyers for the individual to create the possibility of opening. The world does not exist almost no personality of legal services products, even if a lawyer is incompetent, incapable This is also the characteristics of lawyers, legal services only to the specific needs of the ultimate decision-making power, the right to choose a legal services market and the market Consumer groups. It can be said that, although the characteristics of individual lawyers are not the essence of nature, the nature of individual lawyers are born, is innate.

Third, opening the existence of individual lawyers from the Law Society in market demand and the individual services to meet market demand between the mutual fit.

This should be a relatively simple reason, if the community on the legal existence of the demand for services, not just a lawyer is completed, then the individual lawyers opened on the basis of lost there. However, the development of history and reality of the demand for legal services is not the case. From a historical point of view, countries in the world early in the form of practising lawyers are lawyers personal business in the United States, the late 19th century, with the non-litigation legal services to promote the development of the lawyer's portfolio, and since ancient times so far, the vast majority of The law needs to rely on individual lawyers are able to complete the independent This shows the development of history facts have proven that the individual business lawyers have profound social basis.

Finally, opening the existence of individual lawyers also derived from individual lawyers to meet the market demand for the type of stability.

On the one hand, society does not have to be completed by the Law Society of the individual and independent legal services needs of individual practitioners will not have the space, on the other hand, if this can be completed by the independent counsel individual needs of a chance the state, then Individual lawyers can not be sustained opening time of it. However, since the existence of its own lawyers, in a long historical period, at least in the 19th century before the time, the individual needs of the legal services lawyer is the stability, partnership and even the form of higher institutions have lawyers , The legal services market demand due to the complexity of the multilevel nature of the role of lawyers individual business remain strong vitality.

Through the above analysis, we can find, lawyers opened the root cause of the individual from the above four links up of mutual relations between the intrinsic logic, Central interlocking, one can not do. Analysis of individual lawyers and streamline the root cause of the purpose of opening there is a lawyer in order to develop their own understanding of some of the laws, lawyers for the individual business in China to promote a comprehensive search for a theoretical basis, so that the development of Chinese lawyers more in line with historical logic.

Second, the opening of individual lawyers in the necessity and significance of China

In my opinion, and the corresponding need to be in real life is urgently needed to solve the problem, otherwise we will lose the necessity of the foundation. There's a reason why things are the things to solve the existence of a reasonable question, but in real life by the urgent need to resolve the issue of the need to belong to the problem, which is why in this paper the author will be the opening of individual lawyers with the causes of individual lawyers opened On the need for separate reasons. Well, Chinese lawyers Where the need for individual business in » Chinese lawyers to open individual solution to the current lawyer system in the process of running what it »

First, individual lawyers can be opened from the fundamental solution to the question of attribution lawyers.

The so-called lawyers refers to the attribution of practising lawyers and their bodies to confirm their relationship. This practice regardless of the organizational form of how lawyers are practising lawyers should always be to work on behalf of institutions, this is all lawyers in the system of general practice. I come to open individual lawyers can fundamentally solve the problem of the ownership of lawyers this conclusion is derived from the existing system of lawyers in the course of running a situation may arise in the assumptions, although this situation will be defined as a hypothetical, but such assumptions The situation has always exist in reality.

Assume that a lawyer was all the law firms employed or do not want the door for any one firm, then that the way out where lawyers » Of course, in the current activities of lawyers from the practice of geographical constraints, the possibility of this happening very small, but highly unlikely does not mean that necessarily will not happen. In this case, lawyers on the individual business to provide the final means of relief. Lawyers are lawyers the right to life, if not individual lawyers to practise as a lawyer opened the final protection, it is deprived of a lawyer's right to exist. Individual lawyers and the current lack of form of business organization of the system design is not self-serving disadvantaged people, the lawyers economic freedom deprivation. Individual lawyers operating system can be established to fundamentally eliminate contradictions in the existing system so that lawyers must be owned.

Secondly, the opening of individual lawyers can effectively address some of the economic underdevelopment and remote areas, not lawyers or the lack of the status quo.

August 25, 2005, the NPC Standing Committee Gu Xiulian, vice chairman of the 10th to the 17th meeting of the NPC Standing Committee for the report, for law enforcement inspection team of the NPC Standing Committee inspection of the implementation of the Law Society pointed out that with the world Compared to other countries, China's small number of lawyers, more than half of the lawyers concentrated in major cities and coastal areas in the east, Guangdong, Beijing in the number of lawyers around 000 people, and the 12 western provinces, autonomous regions, but the total number of Bar of the City of 24,000 people At present there are 206 counties nationwide without a lawyer. If the lawyers to resolve individual lawyers opened the question of attribution is based on a logical assumption, then the individual lawyers can solve some of the economic opening in underdeveloped and remote areas, not lawyers or the lack of an iron Zheng-Zheng is based on reality. The author in 2000 in one county of Heyuan in Guangdong for a second trial in criminal cases, the first trial defence lawyers in order to understand the case, visit a law firm in which they are, in this county that they only one firm, a total of four lawyers , Then set up a law firm in order to comply with the law before the number of combinations together, the parties have the same case can only went to the other Representative Is Appointed to the county, city commission to lawyers, lawyers not only affect their business income, but also greatly increase The burden of the parties. By 2005 if we check the "Guangdong law firms, lawyers notice Manual", we can still find this county in the absence of any change. If the legal provisions of the Law Society of individual business forms of organization, then this situation will not happen, still this county as an example, this county can have up to four law firms, all problems can be solved by. I hope that the Chinese rejection of individual lawyers opened an early end to the history.

Third, individual lawyers can resolve the current business partner in the law firm of the issue and realize the true sense of partnership, improvement and development of partnership law firm forms of organization and operation mechanism.

A few even most of the law firm partnership is not built on the establishment of a person on the basis of the legal profession is not out of the areas of complementarity and mutual support, but due to the establishment of a partnership by the laws and regulations, rules and regulations of the department Partnership to reduce the number of limited practice and the reality of the cost pressure from the combination together. This partnership is entitled to go it alone situation, a Chinese lawyers sector is a major landscape "Bianluan," the firm Cixiaobichang forces, the balance of forces once they are broken, the situation will inevitably collapse, rising star They Jieganerqi, transform the first king of the city flag. After a new round of the portfolio again, in the absence of common values of the inhuman circumstances of the partners of law firms will inevitably follow the pre-Zhe, many in this partnership is a sub-sub-a vicious circle In the cycle. I had witnessed and experienced several times this process, experience Poshen. But if we can allow the individual lawyers in the form of business, then this situation will not Fenfenhege extinct, but they can certainly be greatly reduced, the individual experience of the portfolio after the opening partnership is possible only by a common values The combination, a combination of common interests, a business, professional complementary mix, because when a partner is no longer under the legal provisions on the mandatory number of partners, and really become a voluntary Mutual choice, which is opening in order to avoid defects and shortcomings of individual choice. Only on this premise, the true sense of partnership can continue to appear, by the scale can also emerged.

Finally, lawyers also the necessity of opening the individual is, can effectively solve the lawyers and legal services market in the conflict between supply and demand. Legal services market for legal services and social needs of the final decision of the lawyers practising forms of organization, the author in this respect fully agree with Professor Wu Sheng chapter on the opening of individual lawyers to meet the community at various levels, many of the demand for legal services lawyers point of view. Market and the demand is the ultimate determining factor, and the prohibition of individual lawyers opened, in fact artificially fragmented market of lawyers and direct contact, do not meet the law of market economy, but also with the international situation prevailing on the contrary. If I said before, the three discussed by the need to resolve the contradictions within the legal profession, lawyers and legal services to resolve the conflict between supply and demand market is in coordinating the relationship between lawyers and the outside world, a lawyer and social harmony, this is a lawyer Individual business need for many the starting point and destination.

Lawyer is a lawyer's opening individual economic freedom, I believe that Chinese lawyers economic freedom first and foremost task is to allow individual lawyers opened their own decision if the lawyers can not practice their own form of the structure, then the economic freedom of lawyers is impossible, but "not Economic freedom, personal and political freedom must not exist. " It is no exaggeration to say that opening to allow lawyers to practise forms of individual existence, Chinese lawyers should be resumed so far the most important one the most far-reaching reforms, will enable the Chinese lawyers in the economic liberation, Chinese lawyers will open a new chapter in history, It will, as the 1980s, the reform of China's rural areas Baochandaohu as far-reaching significance, lawyers sector caused a series of profound changes, such as the management system of lawyers, lawyers geographical imbalance in development, the blind lawyer mobility, and so on, the most important Will be greatly mobilize the enthusiasm of the broad masses of lawyers so that lawyers can Baigezhengliu, 1000-fan competing.

Wrote here, let us pause to look back on my section of the rule of law in the process of the past.

May 19, 1983 the Ministry of Justice had "lawyers can serve as the legal adviser of individual industrial and commercial households" to the Hubei Provincial Department of Justice a reply, which reads as follows, "Towns individual industrial and commercial economy is a socialist economy an integral part of the Law Society Candidates as the legal adviser of individual industrial and commercial households, according to the law to resolve individual industrial and commercial economy and individual industrial and commercial economy and the whole people of economic, legal issues between the collectively owned economy, individual industrial and commercial households to protect the legitimate rights and interests, this is in line with the Constitution, 'the protection of individual countries The legitimate economic rights and interests' requirements. Therefore, the trial lawyers for the Legal Adviser of the individual industrial and commercial households, but not to promote this area and that summed up the experience but in the "Interim Regulations on the lawyers" not to add, edit before And should not be open propaganda. "This is already the dust-laden memory, but this text is read the impression that heavy, depressed, and even people Pusu tears. The human rights are not natural for all, the concept of equality is not inborn, constitutional rights sometimes need to be approved, but the Castle Peak Zhebu Zhu, after all, east to today when lawyers would like to do individual practitioners, the author This is to review the events of the past with us, is to give us more attention to our own, because it is our freedom and our rights.

Third, lawyers and individual operating the existing system of the China Law Society of conflict and balance

Individual lawyers operating system there are lawyers decided by the development of this form has been missing in China's own development of Chinese lawyers are not suited to the needs and the requirements of the rule of law, therefore, modify the "lawyer" and its supporting laws and regulations , Departmental regulations, established by law in the form of individual lawyers practising lawyers opened this form of organization it is imperative. However, this system will establish the structure, concepts, management systems and other aspects of the current lawyer system caused unprecedented impact, thereby, including legislators, the managers of the legal profession, the existing system in the different legal status The lawyers, they should do a good job in terms of ideology, system and management of preparation, in order to obtain individual lawyers after the opening of Chinese lawyers and the existing institutional conflict in the balance.

First, we should update their concepts, individual lawyers will be opened as a lawyer practising in the organizational form of an equal, not in terms of opening additional unnecessary restrictions, the lawyers organizations form the type of discrimination.

As early as May 9, 1995 Eighth Guangdong Provincial People's Congress Standing Committee passed the 15th session of the "practice of the Law Society of Guangdong Province," he provisions of Article 7 of the opening of an individual can make an application to establish firm, Did not raise any additional restrictions on June 27, 1996 the first session of Hainan Provincial People's Congress Standing Committee adopted 23 meeting of the "Hainan Special Economic Zone lawyers of the" Article 15, Article 16 also stipulates that the individual can set up Law firms, in addition to apply to set up individual lawyers should have more than three years of practice experience this condition limitations, and no other additional conditions. Tan Zhi 10 years, then look at these requirements, yet still a good system, but such a system was no continuation.

By contrast, in 2002 the Beijing Municipal Bureau of Justice's "personal business law firm in Beijing pilot approach", opened on the conditions of individual lawyers has increased the number of unreasonable restrictions to be improved and perfected.

The second is to revise Lawyer Law established practice of opening the form of individual lawyers legal status on the basis of the establishment and improvement of individual lawyers opened the establishment, management laws and regulations, the department regulations.

Individual lawyers opening of the current organizational structure of the impact of lawyers, the most serious I am afraid I must count on the existing partnership law firms impact. Most likely the case is that the liberation of the lawyers have an independent business, the partnership will be sharp drop in the number of lawyers, some of the partners may also be disintegrated, and the size of this bubble may burst. If such a situation is that the existing system is unstable, is not consistent with human nature, the system is imposed on the lawyers. But at the same time I believe that the current quality of lawyers, legal services to meet the needs of the target market, avoid the impact of partnership law firms, and other factors to consider too large, individual lawyers should be opened gradually liberalized, as the United States, as solicitor in Hong Kong Individual practitioners in China can not work. The original "Hainan Special Economic Zone of the lawyers" and "personal business law firm in Beijing pilot approach" of some of the provisions can be used as reference. Such as by providing counsel in a certain period of practice before opening to allow individuals to steadily promote the development of the individual, this partnership can be avoided in the law firm plunged, the most fundamental is to ensure that individual lawyers after the opening to the community to provide legal The quality of services. Also in Beijing to pilot the operation of individual provisions of the law firm applicants should have a local household registration and have a fixed residence is also worthy of reference on the grounds that lawyers individual business needs of all personal property to assume unlimited liability, Protect the vital interests of clients and the China Law Society of Professional Ethics of the status quo, at this stage that similar provisions are very necessary. In addition, I think it could be in for another three ways on certain individual lawyers try to alleviate the opening partnership law firms on the impact.

One way is to establish a restricted partnership law firms in the partnership lawyer for individual practitioners into the operating mechanism, so as to strengthen the existing partnership structure of law firms, some partners to avoid the disintegration of law firms. Another way is to amend the existing "partnership law firm management approach" to reduce the establishment of partnership law firms in terms of the number of partners for at least three of the restrictions, three were revised to 2; reduce the required law firms to set up The amount of assets, more than 10 yuan RMB will be revised to 30,000 yuan, so the one hand, promote individual practitioners to the partnership system into the law firm, on the other hand can also reduce the partnership law firms disintegration of the risk. At the same time can also access the international law firm partnership on the number of the provisions and corporate assets in the form of a partnership on the number of the requirements of the assets of coordination. The third way is for lawyers individual business start-up in the seat of the opening practice time have a clear minimum age limit. In short, all these methods are designed to lawyers after the opening of individual and partnership firms to reach a balance, so as to help Chinese lawyers to the healthy development of the cause.

The third is to change the current management thinking of lawyers and management models.

Over the years, individual lawyers have been obstructed opening a major reason is that lawyers do not manage individual business. From the fact itself is the case. Permit a lawyer to the individual business has increased the complexity of management, not only management but also to the three-dimensional depth development, the existing management structure of the impact lawyers can well be imagined. Since the whole business of the individual lawyers practising forms still in the exploratory stage, the pilot of the individual law firms are more subject to the unreasonable restrictions the situation, and thus the true sense of individual and business lawyers will inevitably there are gaps in the pilot summed up in the individual Bar management experience is questionable. But I believe that the maturity of the management of lawyers through the individual lawyers to complete the self-discipline, the autonomy of the legal profession, lawyers should be the autonomy of the individual lawyers after opening the form of general counsel management of the theme, the management should also be the focus for change Ensure that the practice of environmental lawyers, and in the actual management of the narrow space management, so as to ensure that lawyers, regardless of a partnership or individual, company or the public, free and independent to carry out their duties and realize the value of its own lawyers .

The traditional pursuit of lawyers: Bar Digest published to commemorate the fifth anniversary of the Six

I and the "Bar Digest" Jie Yuan because it had picked up my two articles, first in May 2004 published a series of my election, "the 1970 Constitution before the discussion," June 2005 issue of I also wanted the election of a "strange Michnik." But this series, initially caught my attention to some earlier, about February 2004, I respected Zhang Sizhi counsel sent from Beijing to my two "lawyers Digest", I remember that Di Liuji and Di Qiji Bar. Since then, I love this magazine, whether it is "brilliant defence", "professionalism" or "hot topics" and "The Sound of IPR protection" and other sections, each series of almost all let me eyes A bright article. Each in Hangzhou encountered lawyer friend, I must ask: "read" lawyer Digest "?» "If the answer is no, I will propose to go to the other side must look at the bookstore found, I also Hangzhou carefully tell them what a bookstore this book, largely on the location of what.

I was a history of addiction, and almost every day "and papers pile" deal, "lawyer Digest" give me the deepest impression is that the lawyers traditional section "Shihaigouchen." Although not much of the length, but because of my preference, each turn of this series, I will always pay special attention to this column. In fact, my intention is a lawyer in the local tradition.

More than 100 years ago, the court Concession in Shanghai, has seen a lawyer. 1904, shocked at the "Su-report" took place, the Guoxue Shenzhan have Zou Rong Zhang Taiyan and juvenile imprisonment, the Qing Dynasty as a plaintiff and the defendants they were hired foreign lawyers, remarks on the issue of guilt or innocence in court A start on another Chunqiangshezhan, each of the open trial "declaration" and other newspapers have reported tracking. Results and extreme arrogance of the government also failed to do. Although, today we know that it is very difficult in this together to load the Qing Shi Wen Ziyu, the lawyer is played for the final trial in the end played a great role, but this scene will always remain in my memory depths.

However, it was just the settlements take place in Shanghai, in the Ching court in accordance with the rule of law before Chuigong and rule the way the local, lawyers at that time still is a completely unfamiliar role in society. "So the report" Three years later, Jianhunvxia Qiu Jin was killed in Shaoxing, Zhejiang, without a court trial, without counsel, no final statement, a word, not all modern legal process, leaving only Qiu Jin Of an "Autumn sea level had autumn rain worry about Sharen" absolutely T, reverberated off over the past 100 years.

Asia's first Republic of Hengkong born, their lawyers began in the social arena to play an increasingly important influence. In the beginning, Shao Piaoping in Hangzhou Office "Henman Daily," because the works pulls few punches do not offend local authority figures, the defendant to court, well known at the time of Nguyen's lawyers to defend him of court, had ended in favour. Since then, many major historical events, we can hear the voices of lawyers, to see them proudly independent posture. PM10 in the political arena, some of the characters for many years, leaving the power market, will choose as their lawyers安身立命the occupation, have been involved in the drafting of the "Provisional Law," In 15 years, the former chief justice of the three jurists have Yao Zhang , Made education chief, the chief justice academics, political commentators home Zhang Shizhao, members of Congress did the Liuchong You……, both during the prestigious Bar. China's courts even SHI Liang such a young female lawyer.

History will not forget, Chen Duxiu jailed in 1932 after dominating the KMT under the Jiangsu High Court in April 1933 an open trial, woven-count indictment was "to harm the Republic for the purpose of gathering bodies, and for the text Treason propaganda. " Chen Duxiu together with the Office of the magazine, politics is not the same as an old friend of Zhang Shizhao to come forward and do his duty to defend in court, eloquent, as long as 53 minutes, from a legal, logic and the facts prove that many aspects, "the government does not mean that Country "and" oppose the KMT and its government, not against the country. " He defended the word ocean 10,000-word, then the "declaration", "Ta Kung Pao", "State Wen Weekly" newspaper reports, reprint, audio-visual sensation. KMT's "Central Daily News" president-Cangbo出马, published an editorial titled "The China State and Government - FOR Chen Duxiu and Zhang Shizhao," the defence of their innocence refute, Zhang Shizhao not timid, "declaration" released "the Kuomintang and the Country, "a text, according to counter arguments, the debate inside and outside the court, lawyers not only highlight the charisma that led to later generations with emotion of his words for the defence of self-defence and Chen Duxiu, a publication that year, it was some famous universities School of Law as a necessary reference book. We will learn a profound understanding that the lawyer is not isolated, not the press, publishing, education and other fields of justice, no society at all levels work together, no matter how much a Dan Qi, a professional level, has a moral pursuit of the lawyers What is also unlikely to be as. In other words, no social scene of the role of lawyers can not separate the brilliant performances of live drama. Zhang Shizhao the defence lawyers failed to change the KMT for Chen Duxiu outcome of the trial, but he maintained the dignity of the law and lawyers.

In the eve of the War of Resistance Against Japan "Qi Junzi case," Shen Qi Junzi Junru, and other organizations because of "national salvation" for the anti-Japanese Benzouhuhao and imprisonment of seven career lawyers (or had lawyers for the industry) accounted for four (Shen Junru , Sand Trinidad, SHI Liang, Wang made), seven persons for their defence lawyers is a huge lineup, including 21 lawyers had Yao Zhang, Li Zhao Fu, Chen Gao, Jiang Yong, Wang Ling, Jiang Yi-ping, Liu Chongyou, such as Zhang to , Was the quintessence of Chinese lawyers sector is a Qingchaoerchu. These lawyers have been chief justice, members of Congress, Dali Yuan (Supreme Court) of the chief justice, but also University School of Law Dean, Professor, Shanghai and Suzhou, president of the Bar Association, many of them are Zhang Yi from lawyers, Obligation to defend them. Qi Junzi indictment against the "endangering national" the allegations, lawyers said the indictment confuse right and wrong, confused black and white, is the destruction of the dignity of the law, but also the history of the crime of power to jump off. Reverberated with the parties on the court and lawyers awe-inspiring righteousness.

1948, Nanjing, "Xinmin," the Kuomintang authorities were ordered to cease operation, Chen Mingde, Tang and his wife had employed quarter Xing Zhang Shizhao, Jiang Yong, Jiang Yiping, such as Monday-six lawyers, the drafting of a million words, "the petition", from a legal, Facts, reasonable, and various other aspects of a strong defence, for rescission of punishment. The situation in the law on the grounds are impeccable, "the petition" as met with no response, ultimately ineffective. Nevertheless, they resort to the legal level of resistance, efforts are not without significance. The former rule of law in transition to the era of the rule of law, civil use of legal weapons, every little bit of IPR protection within the framework of the rule of law, may not have immediate effect, but Tianchangrijiu, this will lead to accumulation of substantial changes in society. Precisely because of this effort is sustainable, long-term, the toughness, the role of lawyers is so important. This and that the impulse to resort to one-time, Guoyin very, very keen to show the choice of a different direction. In the long term, an option that is, before the gradual accumulation of gain by the progress undoubtedly more reliable, more solid.

History will not forget that the role of the Bar Association, the legal profession groups in the face of social justice is not absent. 1933, Zhenjiang, Jiangsu, "Jiang Sheng Daily" manager Liu Yu and Zhu Bi Sheng and shot dead by Wen Ziyu, the nation's protests not only in the media groups, civil rights protection in China and the United Democrats of the voices of other social groups, including the National Bar Association, , Public power, to pursue the matter, punishment of those responsible for the request. KMT authorities have been compelled to respond, has issued a "protection of legitimate public opinion" and "effective protection of journalists," the orders.

Of course, lawyers not only to protect citizen's freedom of speech, liberty and the right to life, also acted as a lawyer to defend the citizens of property rights and other legitimate rights and duties. Youth SHI Liang early years in Shanghai for law firms, it is because the fight for civil disputes and the fame of the lawsuit. The table in her office an eye-catching silver shield, engraved above the "protection of human rights" words, she Zimian this, to do an honest lawyer. Lawyers must not only do not face the law, law of the licensing power, but also to face various forms of social evil forces, including hot triad, the Song Gun (Bar scum). Yao Zhang has been practising in Shanghai had repeatedly encountered such a case, You Renquan he give up, he said, lawyers responsibility is the protection of human rights, if no one in law for the weak to speak, not be the shame of lawyers » He added: "Although such evil forces and the anti-known, it is more dangerous, but duty, not speech." Listen to these words have remained a matter touching.

I am confident that the lawyers have their own professional positioning, the moral ideal of lawyers in the fields of expertise should be reflected, not to leave their profession. A good lawyer can have their own public concern, can have their own on the strong Aizeng human justice, the fate of the nation can have their own views, but it only all the lawyers and their practice to draw together, is the real Powerful, can be transformed into a solid foundation for the rule of law, only sowing the seeds will sprout on the land.

In the first half of the legal profession, no doubt to the people today and in the future (not only a lawyer practitioners) to provide a frame of reference can not be ignored. Search, dig our lawyers traditions, and the elevation of the same view of exotic indispensable. In the fall of 2004, I present the retrospective of the traditional press and publication sector (the "pursuit of the lost tradition") published after at least two lawyers to do legal work or friends that we should have a "search for lawyers traditional" Book, I limited field of vision, I do not know is has been written about the history of Chinese lawyers. I think, should have such a book, let us know about the past, we recognize the traditional. Only aware of its history, we could go the road better and doing more at ease, not only into nothingness and confused, the crossroads at a loss. Although we are not a long tradition of lawyers, but there have been long-term disruption, but the lawyer Zhang Sizhi, in other than his lawyers on the young, I obviously have seen the continuation of this tradition, saw the faint horizon Xiwei. Even alone in this regard, I believe, "lawyer Digest" There are many . In her five-year-old birthday, I wrote to Mr. Hu Shi's two favorite words, for her blessing --
One is:

"To such a harvest, the first such plant."

Another one is:

"As if a sinapine, in all the top seeds are small, until his growth, than the various Caishu all, King of the small tree, the birds can come to the air stopped in his Zhishang."