"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!
2 Aug 2008
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.
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.
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
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 .
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."
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."
Through the "escape" to see the U.S. death penalty system
"Escape" (Prison Break) is starting in August 2005 in the United States hit drama TV series, is currently being broadcast "escape" the second quarter. The drama of young netizens in China, Kandie also the gentlemen in the group, the popular level and even then, "Huanzhugege", "Jang Geum" in the same breath. Lincoln characters - Barros was considered guilty of murder was put into Fox River prison death row, and their younger brother Michael - Schofield firmly believe that their brother is innocent, because the death penalty on the forthcoming implementation of approximation, with no other choice Under the circumstances, he designed a complete escape plan that also rescued his brother and their innocence.
I note that in the opera to the United States involved in the many details of the death penalty system, many of which are worth learning and drawing upon:
Although the United States retained the death penalty, but the real number was the implementation of the death penalty is extremely rare. That is, those facing the death penalty drama hero is Abraham Lincoln, Illinois, since 1976 the first 13 death-row inmates, which in the past 30 years, the average every two years less than the implementation of the death penalty case. Lincoln in the same prison with other inmates, some prisoners have murder, but did not apply the death penalty, the applicable sentence is life imprisonment, a good performance, the future may also released on parole from prison. Clearly, even in the United States retain the death penalty, its application of the death penalty is strictly limited. Just as Fox River prison warden said: "No matter whether the death penalty justice, but the killing of a person's life is not worth celebrating, today (execution) can not be the joyful atmosphere."
"Escape", we can deeply feel that the idea of procedural justice in the United States enjoys popular support. Although the death penalty will immediately be implemented within 24 hours, but Lincoln's lawyers are still running for, because the enjoyment of their right to appeal if the new evidence, the judge ordered the delay to the implementation of the death penalty, which is why Lincoln has drama Get the electric chair, the governor had ordered the execution of the death penalty that moment, the judge can still order the halt of the reasons for the death penalty. Moreover, in the United States, the governor of the death penalty have the right to amnesty, if the governor personally feel doubt on the case, can be directly ordered to stop the implementation of the death penalty.
In this drama, a detail given me a deep impression, felt the powerful forces of the United States procedures, that is, if those facing the death penalty get the electric chair, but because of short circuit, and other reasons, not the end of their death, the case, the death penalty The implementation of the need to re-establish procedures, the need for new capital punishment and a new death notices, which will lead to delays in the implementation of the death penalty would be three weeks. Even in death several hours before suddenly found the already well-circuit failure, repair work must also be re-submitted in accordance with established procedures for, but not directly overhaul. Therefore, the Fox River prison warden for the governor of Lincoln may be an amnesty, lawyers are also running it and wish them good luck, the reporter asked: "Does this indicate that you believe he is innocent» "The governor will say:" This shows that, I believe that process! "
It seems that these people are hard to understand then that is necessary but not superfluous, it is the essence of the concept of procedural justice lie. Qiu Xinghua of the current uproar killings, their families and lawyers of the spirit of Qiu Xinghua judicial identification, this is a legitimate and reasonable procedural requirements, but still not back to the relevant departments, not only this, people shout Shasheng constant fear of their drilling the legal loopholes, Ho also » This reflects the Chinese concept of nothingness justice process, in which the concept of nothingness under the guidance of the families of the legitimate requirements of Qiu Xinghua was only in the non-rational annihilation of the public anger.
From "escape" We have also learned that even those facing the death penalty, his personality, human rights continue to be the greatest degree of protection. Such as those facing the death penalty in the Lincoln meeting with his son, guards will take into account the feelings and his removal Xingju; Lincoln in the forthcoming implementation of the death penalty the day before because of his food poisoning, doctors still have been carefully nursing; execution of the death penalty in the timing The night, to maximize the public to avoid the psychological impact of those facing the death penalty in the implementation of the death penalty, even to the executives he had prepared diapers, taking into account their dead in that moment, the urine will incontinence. So Zhuban, illustrates the American society of humanistic care foundation.
I note that in the opera to the United States involved in the many details of the death penalty system, many of which are worth learning and drawing upon:
Although the United States retained the death penalty, but the real number was the implementation of the death penalty is extremely rare. That is, those facing the death penalty drama hero is Abraham Lincoln, Illinois, since 1976 the first 13 death-row inmates, which in the past 30 years, the average every two years less than the implementation of the death penalty case. Lincoln in the same prison with other inmates, some prisoners have murder, but did not apply the death penalty, the applicable sentence is life imprisonment, a good performance, the future may also released on parole from prison. Clearly, even in the United States retain the death penalty, its application of the death penalty is strictly limited. Just as Fox River prison warden said: "No matter whether the death penalty justice, but the killing of a person's life is not worth celebrating, today (execution) can not be the joyful atmosphere."
"Escape", we can deeply feel that the idea of procedural justice in the United States enjoys popular support. Although the death penalty will immediately be implemented within 24 hours, but Lincoln's lawyers are still running for, because the enjoyment of their right to appeal if the new evidence, the judge ordered the delay to the implementation of the death penalty, which is why Lincoln has drama Get the electric chair, the governor had ordered the execution of the death penalty that moment, the judge can still order the halt of the reasons for the death penalty. Moreover, in the United States, the governor of the death penalty have the right to amnesty, if the governor personally feel doubt on the case, can be directly ordered to stop the implementation of the death penalty.
In this drama, a detail given me a deep impression, felt the powerful forces of the United States procedures, that is, if those facing the death penalty get the electric chair, but because of short circuit, and other reasons, not the end of their death, the case, the death penalty The implementation of the need to re-establish procedures, the need for new capital punishment and a new death notices, which will lead to delays in the implementation of the death penalty would be three weeks. Even in death several hours before suddenly found the already well-circuit failure, repair work must also be re-submitted in accordance with established procedures for, but not directly overhaul. Therefore, the Fox River prison warden for the governor of Lincoln may be an amnesty, lawyers are also running it and wish them good luck, the reporter asked: "Does this indicate that you believe he is innocent» "The governor will say:" This shows that, I believe that process! "
It seems that these people are hard to understand then that is necessary but not superfluous, it is the essence of the concept of procedural justice lie. Qiu Xinghua of the current uproar killings, their families and lawyers of the spirit of Qiu Xinghua judicial identification, this is a legitimate and reasonable procedural requirements, but still not back to the relevant departments, not only this, people shout Shasheng constant fear of their drilling the legal loopholes, Ho also » This reflects the Chinese concept of nothingness justice process, in which the concept of nothingness under the guidance of the families of the legitimate requirements of Qiu Xinghua was only in the non-rational annihilation of the public anger.
From "escape" We have also learned that even those facing the death penalty, his personality, human rights continue to be the greatest degree of protection. Such as those facing the death penalty in the Lincoln meeting with his son, guards will take into account the feelings and his removal Xingju; Lincoln in the forthcoming implementation of the death penalty the day before because of his food poisoning, doctors still have been carefully nursing; execution of the death penalty in the timing The night, to maximize the public to avoid the psychological impact of those facing the death penalty in the implementation of the death penalty, even to the executives he had prepared diapers, taking into account their dead in that moment, the urine will incontinence. So Zhuban, illustrates the American society of humanistic care foundation.
The double play in transition: lawyers Digest published to commemorate the fifth anniversary of 18
As we know, and now the matter is not often we do not know - the so-called "know" elements is its irony strike »» At the same time, and are often not Pamo Ren to tell the truth, but fear not speak out the truth People listen! Why » The reason is that from what we have nothing letter to the letter, tired, numb, especially after the economy has become a superstition, because everybody has a lot of Narcotic approach, for example, such as network rave, such as entertainment and consumption, Mr. Xu Bi, as scholars have pointed out that the research and today the Chinese public rampant cynicism, as we all know: We have to get a dead end. By Mr. Deng Zhenglai said, is called "being forced to erase the memory." If we have lost memory, in addition to tired and numb, but also Why » This may also simply to historical reasons and consequences, from the level of reality to find reasons, as in Ren Zhongyi old man had said: "Development is the last word, not hardware development makes sense." Because we have very clear to see that this Kind of "hard-development" of the seriousness of the consequences of the. Right from the point of view, as noted by Professor Li Shuguang, we must go through the market economy evolved in three stages: from malformation of the market economy (the Government's participation in the game) to the chaos of the market economy (with the entrepreneurs of the Group of the game) again To the rule of law, market economy (virtuous circle). This, in my view, is the real essence of the transformation of China.
The question is, why are we so easy to superstition, either political or superstition is the economic superstition » Burglary think that the key may lie, we never lack of independent intellectuals class. If the individual is the spirit of independent intellectuals, I am afraid not be difficult if the entire class of intellectuals is completely independent, in our China is a very serious problem, serious now want to go on cynicism or else the only self-narcotic continue. Therefore, to the current stalemate is the case, said the case, some even repeat their own do not believe even Daha Qian said. The fundamental crux of the problem is the lack of public - whether the monopoly was unable to provide public goods now at least the spirit of support, or the current spirit of self-support be out of the question. Intellectuals how to play » In present China has become particularly severe and difficult. For example, even the academic community is the topic for such a large group of intellectuals has been the consensus, there has also been completely open to the public space of our own problems, or even no longer a "new youth" as the first problem can be effective . If "their wisdom has been opened, the official did not Kai", then how do » Therefore, in my view, "lawyer Digest" the mission than the "New Youth" more difficult times, but also more peaceful, and this requires a more resilient and pragmatic on the shoulder, shoulder our "era of the gate" . Mr. Sun Guodong is owned by such a tenacity and loyalty of the shoulders. Hebei has always been more Kangkaibeige of disabilities, and now the Chinese University of Political Science and Youcai, whether in person or lawyers, is pushing waves on the Yangtze River before the waves. Needless to say, is the immediate needs of these two intellectuals to act as the backbone of China's transformation. Lu Xun, Hu Shi, Cai Yuanpei, Chen Duxiu, and other masters of the May 4th spirit will no doubt always inspired us to delay this modern unconscious of the nation, but after all, is completely different from the times: First of all, we have not the so-called China The. Secondly, even if it is authoritarian China, but also to the right, after all, China began the difficult transition. Despite the (whatever) left over from the traditional Chinese still many problems - and that the historical transformation of the arduous nature, complexity and long-term, any short-term behavior may have little. It is in this sense, burglary think that in order to understand more Guo-dong, close to believe, Mr. Chen Yinke advocated the "independence of spirit, freedom of thought" and "Bar Digest" edit ideas and "upgrade lawyers realm of life, raise the level of business lawyers "Running purposes.
To be blunt, our lawyers a long way to go, our efforts are intellectuals long way from its repair Xi. Whether the so-called safeguard the rights of vulnerable groups or maintaining the so-called social justice, non-lawyer groups , if we really want China to the authoritarian right from the restructuring of China. In fact, the lawyers far more than just protect vulnerable groups, but also to safeguard any possible violation of individual interests, that is, in this specific case all the immediate and effective efforts to debate the process, we hasten to the public and public space Infancy, thus effectively promote (and deformity of the chaos to the rule of law) market economy in transition. Only in the rule of law, market economy there, only enough to protect people's economic freedom. Only in the real economic freedom there can be found in our own through a variety of consultation and compromise among the (local) of natural law, it may also produce local civil society, our public areas can there be true birth of the foundation. At the same time, the efforts of knowledge which will highlight the importance of its immense: not only in the face of China's specific situation made all the problems of handling and more of our local community to construct a modern value of care, to obtain " Good "and" fairness "of Chinese law / picture of the legal system, in particular, it is important to effectively re-build our lives.
It seems to me, "lawyer Digest" is the academic consultant of China today one of the people in the Hero: If a moment can be omitted from Jiang Ping, Zhang Sizhi, and other non-old man, then, Professor Deng Zhenglai construction is the "ideal picture of Chinese law" Not only right time, but the strength of an unprecedented, but also played the "main body of China," this is not a big change in the high Marche; Professor He Weifang strongly advocated by the specific evolution of the system to the rule of law, life-giving spring breeze, Run A silent, China is well-deserved present constitutional order to achieve the principle of loyalty "vigil people." Of course, including Jiang Ping, Zhang Sizhi, and so on, they are only a few outstanding representatives only. If it must be opened to list the names of outstanding intellectuals are bound to be out very long, long string, and many of them already appear in the name of "Bar Digest" on the publications. This is also, "lawyer Digest" the editorial concept can be implemented earnestly, but not as we are familiar, such as the "double hundred", as only found in slogans. Of course, more lawyers for a group of outstanding people in, such as Pu Zhiqiang, only Wang Liang, Xu Zhiyong, Teng Biao, etc. (If it must be open to the list, including those of the intellectuals, political and legal, but also like to open a very long A long string), despite their efforts difficult it is very difficult, and may even temporarily little effect, but that the burglary, they promote modern Chinese lawyers in the process of building a modern constitutional order and the principle of the road, contribute to the work, indeed . If it is said that "raising lawyers realm of life, raise the level of business lawyers" Obviously, many more should be charged on a non-personal reward truly rewrite the history of the Law Society of representatives of public welfare undertakings - Pu Zhiqiang, Xu Zhiyong, QIN Bing, and so on. Rather, they are lawyers and the models.
As the saying goes: saffron green leaves to support. When the green leaves Man Shu, from a "lawyer Digest" will be particularly natural safflower Yaorao. I thought, Guodong, the "independence of spirit, freedom of thought" concept is totally different from the editorial "New Youth" era. If the "New Youth" as the only side of the Enlightenment, only remain in "critical" and "Down with" and "Mr." and "Mr." on the call, then, "lawyer Digest" the play is difficult in the complex More: we can clearly see that its restructuring China's specific double play in the process - it is necessary to truly effective deconstruction of the same structural Gengu we exist, as noted by Professor Chen Zhiwu: "The reason why so many The traditional society commended the collective culture is not a choice at all. Collectivism only respected each culture so that people forget themselves and to those who personified the stealth financial contracts to achieve the basis for the development of well-developed financial varieties, May be down with 'home-shop' of a better way. "After all, still have to fight for access to relevant systems for the basis of work and play, and also for academic freedom and institutional basis of efforts, and play. In this dual role of the fifth anniversary of the Journal has in the course of history, Guodong editor-in-chief is clearly not alone, even though he To this end, "not the end-Yi Dai Hui gradually, to the Iraqi people Consumers in the haggard," from time to time for the Running of the Storm, for the office environment difficult, and many can imagine the personal commitment of the Bible and difficult, he has to remain, "the public, he found hundreds of"……
Guodong target what is it » Certainly not by Mr. Wang Guowei 1,559 of that realm, but we are living in this world in the most valuable and reasonable rules of order. To achieve it, is not entirely clear to others, even to our own, of course, include our next generation. In that case, including all add to this double role of the people, what is there reason to regret it »
The question is, why are we so easy to superstition, either political or superstition is the economic superstition » Burglary think that the key may lie, we never lack of independent intellectuals class. If the individual is the spirit of independent intellectuals, I am afraid not be difficult if the entire class of intellectuals is completely independent, in our China is a very serious problem, serious now want to go on cynicism or else the only self-narcotic continue. Therefore, to the current stalemate is the case, said the case, some even repeat their own do not believe even Daha Qian said. The fundamental crux of the problem is the lack of public - whether the monopoly was unable to provide public goods now at least the spirit of support, or the current spirit of self-support be out of the question. Intellectuals how to play » In present China has become particularly severe and difficult. For example, even the academic community is the topic for such a large group of intellectuals has been the consensus, there has also been completely open to the public space of our own problems, or even no longer a "new youth" as the first problem can be effective . If "their wisdom has been opened, the official did not Kai", then how do » Therefore, in my view, "lawyer Digest" the mission than the "New Youth" more difficult times, but also more peaceful, and this requires a more resilient and pragmatic on the shoulder, shoulder our "era of the gate" . Mr. Sun Guodong is owned by such a tenacity and loyalty of the shoulders. Hebei has always been more Kangkaibeige of disabilities, and now the Chinese University of Political Science and Youcai, whether in person or lawyers, is pushing waves on the Yangtze River before the waves. Needless to say, is the immediate needs of these two intellectuals to act as the backbone of China's transformation. Lu Xun, Hu Shi, Cai Yuanpei, Chen Duxiu, and other masters of the May 4th spirit will no doubt always inspired us to delay this modern unconscious of the nation, but after all, is completely different from the times: First of all, we have not the so-called China The. Secondly, even if it is authoritarian China, but also to the right, after all, China began the difficult transition. Despite the (whatever) left over from the traditional Chinese still many problems - and that the historical transformation of the arduous nature, complexity and long-term, any short-term behavior may have little. It is in this sense, burglary think that in order to understand more Guo-dong, close to believe, Mr. Chen Yinke advocated the "independence of spirit, freedom of thought" and "Bar Digest" edit ideas and "upgrade lawyers realm of life, raise the level of business lawyers "Running purposes.
To be blunt, our lawyers a long way to go, our efforts are intellectuals long way from its repair Xi. Whether the so-called safeguard the rights of vulnerable groups or maintaining the so-called social justice, non-lawyer groups , if we really want China to the authoritarian right from the restructuring of China. In fact, the lawyers far more than just protect vulnerable groups, but also to safeguard any possible violation of individual interests, that is, in this specific case all the immediate and effective efforts to debate the process, we hasten to the public and public space Infancy, thus effectively promote (and deformity of the chaos to the rule of law) market economy in transition. Only in the rule of law, market economy there, only enough to protect people's economic freedom. Only in the real economic freedom there can be found in our own through a variety of consultation and compromise among the (local) of natural law, it may also produce local civil society, our public areas can there be true birth of the foundation. At the same time, the efforts of knowledge which will highlight the importance of its immense: not only in the face of China's specific situation made all the problems of handling and more of our local community to construct a modern value of care, to obtain " Good "and" fairness "of Chinese law / picture of the legal system, in particular, it is important to effectively re-build our lives.
It seems to me, "lawyer Digest" is the academic consultant of China today one of the people in the Hero: If a moment can be omitted from Jiang Ping, Zhang Sizhi, and other non-old man, then, Professor Deng Zhenglai construction is the "ideal picture of Chinese law" Not only right time, but the strength of an unprecedented, but also played the "main body of China," this is not a big change in the high Marche; Professor He Weifang strongly advocated by the specific evolution of the system to the rule of law, life-giving spring breeze, Run A silent, China is well-deserved present constitutional order to achieve the principle of loyalty "vigil people." Of course, including Jiang Ping, Zhang Sizhi, and so on, they are only a few outstanding representatives only. If it must be opened to list the names of outstanding intellectuals are bound to be out very long, long string, and many of them already appear in the name of "Bar Digest" on the publications. This is also, "lawyer Digest" the editorial concept can be implemented earnestly, but not as we are familiar, such as the "double hundred", as only found in slogans. Of course, more lawyers for a group of outstanding people in, such as Pu Zhiqiang, only Wang Liang, Xu Zhiyong, Teng Biao, etc. (If it must be open to the list, including those of the intellectuals, political and legal, but also like to open a very long A long string), despite their efforts difficult it is very difficult, and may even temporarily little effect, but that the burglary, they promote modern Chinese lawyers in the process of building a modern constitutional order and the principle of the road, contribute to the work, indeed . If it is said that "raising lawyers realm of life, raise the level of business lawyers" Obviously, many more should be charged on a non-personal reward truly rewrite the history of the Law Society of representatives of public welfare undertakings - Pu Zhiqiang, Xu Zhiyong, QIN Bing, and so on. Rather, they are lawyers and the models.
As the saying goes: saffron green leaves to support. When the green leaves Man Shu, from a "lawyer Digest" will be particularly natural safflower Yaorao. I thought, Guodong, the "independence of spirit, freedom of thought" concept is totally different from the editorial "New Youth" era. If the "New Youth" as the only side of the Enlightenment, only remain in "critical" and "Down with" and "Mr." and "Mr." on the call, then, "lawyer Digest" the play is difficult in the complex More: we can clearly see that its restructuring China's specific double play in the process - it is necessary to truly effective deconstruction of the same structural Gengu we exist, as noted by Professor Chen Zhiwu: "The reason why so many The traditional society commended the collective culture is not a choice at all. Collectivism only respected each culture so that people forget themselves and to those who personified the stealth financial contracts to achieve the basis for the development of well-developed financial varieties, May be down with 'home-shop' of a better way. "After all, still have to fight for access to relevant systems for the basis of work and play, and also for academic freedom and institutional basis of efforts, and play. In this dual role of the fifth anniversary of the Journal has in the course of history, Guodong editor-in-chief is clearly not alone, even though he To this end, "not the end-Yi Dai Hui gradually, to the Iraqi people Consumers in the haggard," from time to time for the Running of the Storm, for the office environment difficult, and many can imagine the personal commitment of the Bible and difficult, he has to remain, "the public, he found hundreds of"……
Guodong target what is it » Certainly not by Mr. Wang Guowei 1,559 of that realm, but we are living in this world in the most valuable and reasonable rules of order. To achieve it, is not entirely clear to others, even to our own, of course, include our next generation. In that case, including all add to this double role of the people, what is there reason to regret it »
Carry forward the political mission of lawyers is the value of Digest: Digest lawyers to commemorate the fifth anniversary of the founding 24
Abstracts of the 5-year-old lawyer, and her as a co-editor of growth, we should say a few words with her heart's share.
Abstracts of the cover design is very simple, especially the "extraction" very significant character heads, it is of course design needs. But I think the real impact point was originally that of the "text". As a way to spread ideas, of course, should be the carrier of culture, specifically, should be present to various social problems caused by the reflection of the people means. This is the beginning of the century on the "New Youth" and 1920's "modern comment," the 1940s the "observation" and 1950's "Free China" is particularly so. Pianshi giant eyes of those who have caused much social sensation bred a number of insightful people, like the domino effect, promoting the health of a community direction. Unfortunately, this historical heritage has been relentlessly fragmented, a Kongguhuiyin. Then read the newspapers, magazines, in particular the current, it seems there are numerous, thriving, but really can not help shaking his head with fine goods. No principle, no purpose, in order to meet the specific interest of the readers do not quite lofty, one is to expand the layout, letting a hundred flowers bloom, Fengdie Zhengyan, a comprehensive newspaper, the Journal, repetitive waste, so that subscribers headache . Buy it, only to repeat the layout throw away, do not buy it, it is not easy Nanshe the 12-chapter. Is really chicken ribs, chicken ribs, food tasteless, Qizhikexi.
The lawyers Digest, since the audience is a specific, the professional will be very prominent. This integrated over the past five years running, the overall Fortunately, there are also problems, it is because Digest own limitations, compared with the original publications have inherent deficiencies. Abstracts may wish to return to the original title of this lawyer. For lawyers, the general public more than a misconception that a lawsuit is for others, and then charge a fee, and take all the people rich in the forefront of it. As everyone knows, on behalf of individuals or companies access to the courts is only part of practising lawyers, many laws have been in the works for the Government to do more planning instruments, the proportion of non-litigation increasingly expanding. What is more important is the political mission of lawyers, this is God grant them the rights. Many people including some lawyers are not aware of this point. All those who have attained our ordinary people to consider the issue has always been only Gumunanxian Lin, very short-sighted, but lawyers as to undergo a rigorous professional training, the brutal practice of experience, logical thinking carefully, in the formulation of national laws and policies, often from a strategic height, not , exhausted, time and time to repair can not cope with an endless stream of problems in practice. Abstracts of the lawyers in this task. Lawyers have previously reported in the chapter of political participation and discussion, but very little weight and can not shape public opinion. Mr. Zhang Sizhi has said that he did not want lawyers in politics, representative government can. In fact, due to the lack of the other side of the spirit of faith and knowledge base, China's intellectuals, can sit 1996, the practice has not, and that can not be reached to complete the unification of the entire state affairs entrusted to this group of people is a problem. And it is precisely such a pragmatic lawyer powerful groups can make up for such birth defects. Some people would say that most lawyers now have a problem of life, they need the skills and experience in handling cases. In fact, the case-handling skills and experience are Tacit practice can only be Yan Zhuan experience, any writing experience to a specific case in the territory will be greatly reduced, it requires lawyers to senior learning and figured out later from accumulating, lawyers Digest Edited some lawyers can be successful examples of young lawyers as a reference to the model, but only through a lawyer Digest is far from sufficient. Moreover, All those who have attained newspapers and magazines are thinking advocated by the advance of a priori, create a culture of the first times. If the publicity is only platitudes that do newspapers and magazines are what significance »
In the editorial department, I was the youngest editor, but also from non-school law. Even so, you neglect the older generation but I never underestimate the Junior. Gaicuo place repeatedly, and I will discuss the reasons for that to change, could not Taibiyihui brutally simple question of. In her spare time, I often loan collection of books. In the work of each feast, the predecessors Tanxiaofengsheng, Qinzhi in high winds at the sentiment of the true meaning of life. When Yinciyangcuo editorial on this path, is also a Wanxing. Most of the members of the editorial department of a monkey, the group is smart, I believe that lawyers will Yuebanyuehao Digest!
Bless her!
Abstracts of the cover design is very simple, especially the "extraction" very significant character heads, it is of course design needs. But I think the real impact point was originally that of the "text". As a way to spread ideas, of course, should be the carrier of culture, specifically, should be present to various social problems caused by the reflection of the people means. This is the beginning of the century on the "New Youth" and 1920's "modern comment," the 1940s the "observation" and 1950's "Free China" is particularly so. Pianshi giant eyes of those who have caused much social sensation bred a number of insightful people, like the domino effect, promoting the health of a community direction. Unfortunately, this historical heritage has been relentlessly fragmented, a Kongguhuiyin. Then read the newspapers, magazines, in particular the current, it seems there are numerous, thriving, but really can not help shaking his head with fine goods. No principle, no purpose, in order to meet the specific interest of the readers do not quite lofty, one is to expand the layout, letting a hundred flowers bloom, Fengdie Zhengyan, a comprehensive newspaper, the Journal, repetitive waste, so that subscribers headache . Buy it, only to repeat the layout throw away, do not buy it, it is not easy Nanshe the 12-chapter. Is really chicken ribs, chicken ribs, food tasteless, Qizhikexi.
The lawyers Digest, since the audience is a specific, the professional will be very prominent. This integrated over the past five years running, the overall Fortunately, there are also problems, it is because Digest own limitations, compared with the original publications have inherent deficiencies. Abstracts may wish to return to the original title of this lawyer. For lawyers, the general public more than a misconception that a lawsuit is for others, and then charge a fee, and take all the people rich in the forefront of it. As everyone knows, on behalf of individuals or companies access to the courts is only part of practising lawyers, many laws have been in the works for the Government to do more planning instruments, the proportion of non-litigation increasingly expanding. What is more important is the political mission of lawyers, this is God grant them the rights. Many people including some lawyers are not aware of this point. All those who have attained our ordinary people to consider the issue has always been only Gumunanxian Lin, very short-sighted, but lawyers as to undergo a rigorous professional training, the brutal practice of experience, logical thinking carefully, in the formulation of national laws and policies, often from a strategic height, not , exhausted, time and time to repair can not cope with an endless stream of problems in practice. Abstracts of the lawyers in this task. Lawyers have previously reported in the chapter of political participation and discussion, but very little weight and can not shape public opinion. Mr. Zhang Sizhi has said that he did not want lawyers in politics, representative government can. In fact, due to the lack of the other side of the spirit of faith and knowledge base, China's intellectuals, can sit 1996, the practice has not, and that can not be reached to complete the unification of the entire state affairs entrusted to this group of people is a problem. And it is precisely such a pragmatic lawyer powerful groups can make up for such birth defects. Some people would say that most lawyers now have a problem of life, they need the skills and experience in handling cases. In fact, the case-handling skills and experience are Tacit practice can only be Yan Zhuan experience, any writing experience to a specific case in the territory will be greatly reduced, it requires lawyers to senior learning and figured out later from accumulating, lawyers Digest Edited some lawyers can be successful examples of young lawyers as a reference to the model, but only through a lawyer Digest is far from sufficient. Moreover, All those who have attained newspapers and magazines are thinking advocated by the advance of a priori, create a culture of the first times. If the publicity is only platitudes that do newspapers and magazines are what significance »
In the editorial department, I was the youngest editor, but also from non-school law. Even so, you neglect the older generation but I never underestimate the Junior. Gaicuo place repeatedly, and I will discuss the reasons for that to change, could not Taibiyihui brutally simple question of. In her spare time, I often loan collection of books. In the work of each feast, the predecessors Tanxiaofengsheng, Qinzhi in high winds at the sentiment of the true meaning of life. When Yinciyangcuo editorial on this path, is also a Wanxing. Most of the members of the editorial department of a monkey, the group is smart, I believe that lawyers will Yuebanyuehao Digest!
Bless her!
律令format 1: Assistant ZenmeVersion 1: Assistant Zenmeyangzuo good a lawyer or trainee solicitor
I learned from the teacher-and I guess their own or in some details from top to bottom Xiegong Fu's. Do not get the praise of them, I am afraid that is rare to learn the essence of the master. No teacher will be crying shouted to work to you, unless you good luck kid, like Xu Zhu encountered Happy son, but often Xu Zhu, Happy son does not always have. I have two stories, if you are available, compared to refer to.
"History of the Song Dynasty • Yang Chuan-time", "Yang Cheng Yi, see the Luo. Covered when just 40 years. On the 1st see yee, yee dual Ming sit with the Tour of Shili not. Nien both McGREGOR, the snow outside Just one foot deep. "Yang at the time of this fame, he see the teacher, you do not have that originally appeared. But you can also turn to, if you Mr. Cheng Lao, would you really will be the awarding of the capsule-dumping » Sure enough, when Yang on the way for the school, under-Zhu Xi, and done a "Neo-" School's heritage figures.
Mr. Kong Lao general is like praised their students, "the Analects of Confucius" He commended the students often see the text, for example, he repeatedly praised Yanhui "-zai, also back." He also says that can Yong Ran To be a monarch. But I am also responsible for the pain he read from his followers and disciples of profound reflection on their own text. "The Analects of Confucius • Gongye Chang": "Zaiyu day sleep. Zaiyue , Fentu wall can not have sewage." Disciples of Confucius Zaiyu and Zi Gong, the natural language, the language better and may be suitable for lobbying And lectures. Like the disciples of Confucius. One day, Confucius found Zaiyu did not come to class, sent people on the go. People come back to find the report said, Zaiyu closed doors in the house sleeping feel great. Confucius sad to say: "can not be decomposed wood carving, Fentu the same material can not be painting the walls. I first heard the words of others, believe that he must act and he said the same now I listen to other people's words, to look at him Behaviour. Zaiyu from, I changed the attitude. "
Teacher's praise was not easy, and teachers sad sad as the greatest disciple of disrespect. To get the teachers recognized, I personally think that in addition to the division-matter, I have Zhelan, there are sensitive and studious, careful and meticulous work.
No teachers do things like procrastination, lazy students. You confessed to the Trade and Industry Bureau check a file, you Daohao, one week later, also asked the Trade and Industry Bureau of the road where. Allows you to investigate a law, you half a day on the network and people are a little chat Huan. Arrangements you send an information to the customer, a week later, that information is in a corner of your drawer, lying down, walked past are sent to. Such students, not worth mentioning.
"History of the Song Dynasty • Yang Chuan-time", "Yang Cheng Yi, see the Luo. Covered when just 40 years. On the 1st see yee, yee dual Ming sit with the Tour of Shili not. Nien both McGREGOR, the snow outside Just one foot deep. "Yang at the time of this fame, he see the teacher, you do not have that originally appeared. But you can also turn to, if you Mr. Cheng Lao, would you really will be the awarding of the capsule-dumping » Sure enough, when Yang on the way for the school, under-Zhu Xi, and done a "Neo-" School's heritage figures.
Mr. Kong Lao general is like praised their students, "the Analects of Confucius" He commended the students often see the text, for example, he repeatedly praised Yanhui "-zai, also back." He also says that can Yong Ran To be a monarch. But I am also responsible for the pain he read from his followers and disciples of profound reflection on their own text. "The Analects of Confucius • Gongye Chang": "Zaiyu day sleep. Zaiyue , Fentu wall can not have sewage." Disciples of Confucius Zaiyu and Zi Gong, the natural language, the language better and may be suitable for lobbying And lectures. Like the disciples of Confucius. One day, Confucius found Zaiyu did not come to class, sent people on the go. People come back to find the report said, Zaiyu closed doors in the house sleeping feel great. Confucius sad to say: "can not be decomposed wood carving, Fentu the same material can not be painting the walls. I first heard the words of others, believe that he must act and he said the same now I listen to other people's words, to look at him Behaviour. Zaiyu from, I changed the attitude. "
Teacher's praise was not easy, and teachers sad sad as the greatest disciple of disrespect. To get the teachers recognized, I personally think that in addition to the division-matter, I have Zhelan, there are sensitive and studious, careful and meticulous work.
No teachers do things like procrastination, lazy students. You confessed to the Trade and Industry Bureau check a file, you Daohao, one week later, also asked the Trade and Industry Bureau of the road where. Allows you to investigate a law, you half a day on the network and people are a little chat Huan. Arrangements you send an information to the customer, a week later, that information is in a corner of your drawer, lying down, walked past are sent to. Such students, not worth mentioning.
1 Aug 2008
The eyes of a lawyer, "Lang LAB dispute "---- Interpretation of the SAC's" five-word as ": retreat, the management and reform, governance, Superviso
First, state-owned enterprises crucial break new breakthroughs in the difficult stage
From 1999 onwards, we entered a crucial key to breaking the difficult period. State-owned economic front for a long low efficiency of state-owned enterprises and the state, from the Fourth Plenum of the 15th session of the convening of the recent Third Plenum of the 16th "Decision" The introduction of major policies have been identified and operational level in the policy of the State Council, the SASAC After the establishment have also introduced in general I think there is a breakthrough in the five initiatives.
1. Clearly put forward the strategic restructuring of state-owned economy principles, namely "Youjinyoutui, to be selective." State-owned economic layout adjustments is to hinder the development of productive forces to eliminate the relations of production factors. The past, we blindly on the statement made by the state-owned economic progress and better access to the areas, the bigger the better access to the area, the first initiative of talking about "retirement" word, it is a breakthrough.
2. Explicitly put forward the corporate governance structure of the corporate system is the core of this well-known thesis. From theory to solve the depths of the state-owned large and medium-sized enterprises Why must a standardized corporate reform. Private enterprises, private enterprises to do big and stronger, why must move towards the corporate system, it is because the corporate system as the main form of a modern enterprise system in an internal incentive constraints have a coordinated, decentralized structure of checks and balances of corporate governance: separation of powers The objective of mobilizing more staff motivation, the purpose of checks and balances to prevent the emergence of worst-case scenario; incentive priorities, constraints such as the accompanying video. This intrinsic incentive and restraint mechanisms to ensure that this is "company" in the carrier market competition in the relatively stable expand, this is the second breakthrough.
3. Explicitly put forward the need to establish and perfect a modern property rights system. The establishment of clear ownership, the right to select a clear, strict protection and smooth transfer of modern property rights system, is to protect vulnerable groups and the interests of the rich to create social stability mechanism and developing mechanisms: the interests of vulnerable groups must protect, and because it involves the To improve the situation of human rights, the right to subsistence and development related to the protection of the right, we should also protect the legitimate interests of the rich get rich, so that people can have investment enthusiasm, the purchase of philosophy, social pursuit of wealth will be generated the momentum , The creation of wealth created in the spirit in the pursuit of wealth most people on the road have become the middle class, the economic cornerstone of democracy it established. This transformation is mainly rely on modern property rights system to protect the.
4. Shareholding to the public ownership is the main form. Breakthrough significance lies in its answer to what is a real reform from the equity level to resolve the issue of the effectiveness of corporate governance. Third Plenum of the 16th National Party Congress stressed that SOE reform should be diversified equity as much as possible, mixed ownership, including the holding absolute and relative holding Holdings. Why should Holdings to make such a distinction? » Obviously that is relatively Holdings. » Because of the relative success of holding too many examples. When 100 percent owned by the state may not get a penny, in a relatively controlled with the time than the original I do not know how many times higher. This is the equity diversified, mixed ownership. This is good at outsiders dare to fertilizer into the field, also made his last big. The most points of the example is Bill »Gates, Microsoft's Bill Gates set up when 90 per cent stake, but most is a millionaire, moved back to a 10 percent stake in the following, but he is the world's richest man for many years.
5. Explicitly put forward by the laid-off restructuring streaming toward segregation. 859, promulgated by the state of the text "state-owned large and medium-sized enterprises Zhufufenli Des Voeux industry restructuring shunt placement of surplus staff to the implementation" of the central enterprises and enterprise reform is a weapon, divert laid-off workers to divert reform, by making access to both workers Status smooth into the market, and access to the benefits of reform became a subject of interest, is a major breakthrough.
In a new breakthroughs in reform of state-owned enterprises, it should be said that the country's major political breakthrough in principle have a breakthrough. We come from the operational level on the analysis of the strategic restructuring of state-owned economic policy.
Second, how to treat state-owned economic layout adjustments in the "retreat"
State-owned economic layout adjustments in the chin and a retreat in the economic, social, legal and political aspects of the problem. On this issue, we can not generally talk about "Guotuiminjin", which is distorted policies; Nor can the state-owned enterprises as an ideal form of enterprises so as to negate the general direction of the state-owned enterprise reform, reform of state-owned enterprises because of the emergence of some do not Standardize the issue and called for the suspension of property rights reform, which is Yinyefeishi. Differentiation should be viewed "retire" the word, and for that we need from the state-owned economy "Why retreated from the« "" Where retreat »" "Who is returned to the« "" How to retire »" four to elaborate further.
Has retreated from the state-owned economy, there are two main reasons, one reason is that the traditional state-owned enterprise system are flawed, the lack of state-owned enterprise reform in place the interests of the investor-led government and the main support. Is the inherent weaknesses in the system, acquired disorders, the general lack of competitiveness, the traditional state-owned enterprises are doing a good job, but the proportion of low and doing a good job in the past few years, a few years later can not, it flourishing Flourishing 35. Have deep-seated reasons for this » The answer is yes, we have long been the amendment to the Constitution clearly state the socialist market economy, and the market is efficiency, and therefore in the process of the market, as a prerequisite for the existence of the monopoly of state-owned enterprises will inevitably face an increasingly grim The challenge, they have efficiency, you also bear the burden of so many take part in the competition is not winning. This is very difficult to do a good job in one of the reasons why. Another reason is that the 16th CPC National Congress before the state-owned enterprise reform in place of the lack of investor-led, not the absence of clearance is the wrong offside, clearance led to a serious lack of internal control, the wrong offside led to a serious incentive and restraint mechanisms Distorted, ignored the complex operators and managers of the value of labor. The 16th National Party Congress put forward a clear, simple respect for both labor and respect for the complicated labor, while encouraging management, technology, etc., as factors in distribution. So, now the main guidelines has been very clear, how is a legitimate operation of. Based on these two aspects, the traditional state-owned enterprises to do a good job, which is state-owned economy retreated from the micro-level reasons, the state is on the macro-economic front is too long, the limited state capital increasingly difficult to support the huge The state-owned economy plate. Countries to do too many things, but its limited financial resources, we must withdraw from some areas.
The state-owned economy from the withdrawal from areas in which it » 15 of the Fourth Plenary Session of the 16th Plenary Session of the two decisions on large state-owned enterprises and restructuring norms, Zhufufenli, the transfer of state-owned property rights laws and regulations and the establishment of the State Council, SASAC director Li Rongrong of the speech, we can see very Clear. The next step in the four sectors (that is related to national security and economic security, natural monopoly industries, providing key public goods and services industry, resources sector) and two types of enterprises (pillar industries and high-tech industries in key enterprises ) Of the main part of the state-owned economy should continue to play its controlling power, influence, and driving force, that is, in restructuring the equity restructuring, the state-owned shares should at least account for a relatively Holdings. And the other areas of auxiliary enterprises are of a general industry competitive fields, the state-owned property rights of these enterprises through the sunshine law from operating norms recombinant. In the process of China's market-oriented economic layout and structure will be more reasonable. Of course, is not to say that Yuediyuehao, such as the Yangtze River Three Gorges Project, the Qinghai-Tibet railway, West-East Power Transmission, West-East Gas Pipeline project, and so are the basic form of state-owned assets, the Fourth Plenary Session of the 15th will be saying the very place, The total number of state-owned economy will continue to increase, but the proportion of the reduced accordingly. From the policy intention and market-oriented development, the total amount to progress, and the proportion of the number of state-owned enterprises to retire. At the same time the Third Plenum of the 16th also stressed that even in these areas, in addition to a very small number of wholly-owned, is holding a small part of a large stake in the reorganization should be relative to holding, controlling the relative control of the country to play a Mainstream way.
The state-owned economy to withdraw from the area who will enter it » "10th Five-Year Program" is very clear, to encourage non-state-owned enterprises, individuals and foreign investors to participate in the three main state-owned enterprises reform. Non-state-owned enterprises, and individuals including the operators due to strength, governance and cultural aspects of the reasons for holding a number of medium-sized enterprises more appropriate, but large enterprises, some of the offshore management, technology, capital and other areas have advantages in strategic investors Shares may be more appropriate. Of course, as China's private economy's development, by virtue of strength rather than空手套白狼participation of private enterprises holding large state-owned enterprises will be more and more, in addition to some pillar industries such as steel restructuring, in principle, allow foreign investment holding, the existing The state-owned enterprise reform policy is to include the operators of the transferee, the main put to a standard of measurement, and the key is to have strength.
The state-owned economy to retreat » Relying on word is to place the investor on behalf of the company that is superior enterprises and good corporate governance, property rights trading market by virtue of the securities market in accordance with the law and norms. State-owned economic layout adjustments now have the basic institutional guarantee and ensure that laws and regulations, promulgated the "the state-owned assets supervision and administration" Interim Regulations on the establishment of the SASAC, of course, the ultimate guarantee that the system as soon as possible in the existing "" Interim Regulations on the basis of Published on the authority of the state-owned asset management area of the law, the final system is the guarantee by the ad hoc body into the SAC statutory bodies. Through the authority of the legal guarantees and authority of the statutory bodies, the true sense of the boss may be shaping up, the system innovation of state-owned enterprises will take a key step.
Third, state-owned assets management system under the new system of "control"
16th National Party Congress pointed out the need to establish the assets and management of personnel, other affairs of unity, rights, obligations and responsibilities in line with the state-owned assets regulatory agencies. After the founding of the SASAC, the management of assets and the original one of the largest enterprises is the difference between what is actually from the State Council promulgated the "the state-owned assets supervision and administration" Interim Regulations on the provisions of this and the decision of the Third Plenum of the 16th See very clearly there. "Regulations" of the State Council to define the responsibilities of the SAC is very clear. The first is the establishment of the SASAC to promote the rational flow of state assets and optimize the preparation and promoting the state-owned economic layout and structure adjustment. And found that the Third Plenary Session of the decision on this issue repeatedly used the term "speed up" the word, why do » Not speed up the flow of property rights, can not be incremental increases rapidly, can not be quickly increased, the stock of the problem will be magnified, the crisis will deepen. Therefore, we said that this "pipe" has been very clear: investors in state-owned assets in place and the circumstances leading reform, speed up the rational flow of state assets and optimize the preparation and speed up the state-owned economic layout and structure adjustment. The original of the business is "all manner of a glance in the body," now we have to promote the flow of the reorganization, that is to care for the dying toward the ultimate care, and build ties of property rights, will not give you a blood transfusion breastfeeding . The flow of the carrier is the mainstream form of joint-stock companies. Why is it » Shareholding system is the main form of public ownership, has been restructuring to further improve the corporate governance structure. In short, from the State Council Guozijianguan the responsibilities of agencies, I think there are four main areas: There is no reform, enterprise restructuring to urge; has been restructuring, the investor must steering corporate governance; supervision of state-owned property rights transactions on the operators The implementation of performance appraisal.
It is thus clear that the 16th CPC National Congress held before the reform of state enterprises to promote the continuous deepening of the state-owned assets management system to establish the new system; after the 16th Party Congress, the SASAC will speed up the establishment of promoting the state-owned enterprises, especially large enterprise system the pace of innovation.
40, the SAC-led state-owned enterprises in the innovation system "to"
In the state-owned assets management system under the new structure, along with "regulating the work of the state-owned enterprise restructuring views," "Interim Procedures for management transfer of property rights" and "further regulate the restructuring of state-owned enterprises to inform the work of" some new rules introduced, the state-owned enterprise system innovation To speed up the pace. System Innovation many new models: the first is the overall corporate restructuring, while the introduction of public funding or foreign investment. This is also for this round of restructuring is a very important feature of «« restructuring and attract investment combined. The second is Zhufufenli, the main industry restructuring and listing, or in joint ventures. The third is Zhufufenli, Des Voeux industry restructuring segregation. Zhufufenli No. 859 on the text of a breakthrough significance is reflected in three aspects: First, if included in the industry as auxiliary, the state is to pay you can use the state-owned net assets of the dissolution of the labor relations of economic compensation, such as restructuring costs The second is not to change the land use can continue to use the allocation. Third, the three-year income tax exemption, as long as the restructuring of enterprises to employ after the original enterprises to achieve a certain percentage of workers such as most enterprises are 70 to 80 percent or more, if you diversified equity, mixed ownership, the largest shareholder of not more than 75 % Of the shares, etc., can enjoy the three-year income tax exemption. The fourth is the state-owned property rights transactions. Fifth is the MBO (management, including holdings) and employee stock ownership, and so on.
From a point of view, a real restructuring is actually six reorganization that property rights restructuring and reorganization of assets, debt restructuring, staff reorganization, restructuring, reorganization linkage process. Property rights over the past restructuring and reorganization of staff do not place or do not complete and did not synchronize the adjustment of labor relations. This round of the six reform linked to the reorganization.
From another point of view, the process of innovation system should be both for institutional and for the air. For the so-called system is that no matter how much the state-owned enterprises in at least 12, it is necessary to change into a state-owned sole proprietorship, the establishment of the Board of Trustees. Meanwhile, in order to solve the problem of state-owned sole proprietorship effectiveness of governance, the Board of Trustees to strengthen the external and independence. Conditional to achieve equity diversification, particularly in mixed ownership. To establish market-oriented employment system, management of technological innovation is also the same time. These are institutions for the content. The so-called-for-air synchronization to achieve is to update the concept, there are four main elements: that is to foster awareness of the shareholding system, and to create corporate governance culture, the idea of establishing a market economy, controlling shareholders or investors on behalf of the sense of equality. Four awareness of the shareholding system is unity. First, it is a right sense. Second, the joint-stock or a sense of awareness of the law. The exercise of rights must be incorporated into the orbit of the law, must be through legal procedures. Third, it is a financial sense, input-output sense, because it is the ties of equity, is a medium to long-term bonds. Fourth, the joint-stock or a sense of risk awareness. This is the same risks, while, sharing the proceeds of investment, this is not Bao Bao Bao dividend income of the fund-raising. At the same time to form corporate governance culture, a culture of corporate governance checks and balances to the separation of powers as the core of a harmonious culture. Comparing with the corporate governance culture, traditional culture is a leading state-owned enterprises and the leadership of the internal friction culture. After the innovation system, the separation of powers of checks and balances to use the corporate governance culture replace the culture of this leadership. Otherwise, we will be forever in the dark on the third son and three will address how in the end. Third Plenum of the 16th National Party Congress devoted a large section of the right words to define the source. The Board is the right from the shareholders and general manager of the rights from the Board of Trustees is the appointment, so you can no longer afford to send both the chairman also sent a general manager. Now, the source of the right direction is very clear, especially as the next manager of the talent market of sound, market-oriented employment mechanism for the establishment of the manager after the source of this right would be even more clear and more in place. At the same time, the concept of a market economy, market economy we all know there are two characteristics, is a specialized division of labor, is a competition. To win in the competition so you have to constantly strengthen the professional division of labor, so the market economy is the first final of a principle is the principle of specialized division of labor, you can only professional competitiveness. Therefore we say that the plate is not a great time, we must strengthen the professionalism of your division. Baosteel said it, even if done now, the strategy is very clear: an industry particularly strong, moderate-related diversification. In addition, it is necessary to enhance awareness of equality. With the accession to the WTO after the popularity of national treatment, with the forthcoming "Property Law", equal protection of state-owned property rights, private property rights, foreign investment to establish the concept of property rights, state-owned assets on behalf of investors at all levels and enterprises to Should firmly establish a sense of equality, equal treatment, sincere treatment, including business and trade unions, large and small investors.
Standardize restructuring "opinions" to establish a state-owned property rights "approach trading" principle, the provisions of the restructuring of state-owned enterprises norms of the nine procedures. Property rights transfer, "Interim Measures" based on four areas namely, the state-owned property rights transfer procedure and open to the entire process of transfer of state-owned property rights norms, to property rights as a link between the establishment of supervisory duties, the existing laws, regulations and policies and regulations From the interface between the operating level to give the details. Property rights transfer approach emphasizes the open, highlighted the procedures of equality, the introduction of competition, clearly the responsibility of the parties concerned. This series of laws and regulations introduced to make up for the past many of the policies of the loopholes. For example, methods of payment on the past does not require, for example merger with a bank loan acquisition of state-owned shares compared Most of now can not, legal policy must be oriented with Zhenjinbaiyin to buy their strength, General state-owned property rights, the transferee must first pay 30 percent of the funds and the remaining 70 percent in the prerequisite for the provision of security are paid in the next year; units for the transfer of property rights holders of the parent company of listed property which the state-owned shares of listed companies to change the nature of , The transferee must first funds are paid, with a full cash payment instruments for property rights may be effected. Sentence: to become real capitalists must have capital!
5, the state-owned enterprise system innovation after the "governance"
We are concerned that an interesting phenomenon, whether it is the world's top 500 or 1000, almost all all-stock companies. Since then engage in the market are economic, market economy there has the strongest call of a group of companies, certainly have a common law can be followed, this rule is that good corporate governance principles. Abroad there are many corporate governance principles, which is representative of the World Economic Co-operation (OECD) of "corporate governance principles." This is the dozens of the market economy developed countries to sit together under the auspices of the OECD, summed up the common law of the five: First, good corporate governance should be to protect the interests of the shareholders as a basic principle. A good corporate governance should be to protect the interests of investors or shareholders as the basic goal. All the time can not forget the investors and shareholders to the company board of directors to maximize the interests of the essence for the first, but the company is to maximize the protection of the interests of the shareholders interests as the basic values tend to maximize the interests of the company. Second, the equal treatment of all shareholders. This is the company we are now a number of listed companies in particular, has done enough. And the controlling shareholder of listed companies through non-standard not unfair affiliated transactions, emptied of listed companies, put it as a teller machines, in the past a lot of this vicious incident. Foreign provisions of the Companies Act was very clear, the general provisions of the shareholders of small and medium-sized shareholders of fiduciary duty. After the restructuring may be some major shareholders, some medium and small shareholders. Major shareholders of medium-sized and small shareholders must assume good faith obligations and responsibilities, otherwise they may be cheated once you, and you can not second the cooperation. Third, good corporate governance to protect the interests of stakeholders. These stakeholders, including employees, creditors, suppliers, consumers, community government, and so on. Fourth, increase transparency, strengthen information disclosure. Not only to listed companies, in fact the non-listed companies is also very important that white is also a word: to strengthen communication, the first people to support you in your understanding. Fifth, the norms of the obligations and responsibilities of the system. Foreign company law in this area have detailed provisions. For example, America's "Model Company Law," so one, a director should perform the duties as a director, include: 1. Cherished goodwill. 2. With normal caution. You have to take care of like a normal person in similar circumstances as to due diligence exercise. 3. Adopt appropriate manner. This is the way you have reason to believe that it is consistent with the best interests of the company. This is the director of the obligations and responsibilities, the general level of ethics at the request of directors to increase the mandatory provisions of law.
These are good corporate governance have to have the five core concepts.
Board of Trustees of the sound system of good corporate governance of the core substance, why such stresses » Because the great significance of corporate governance also called on the Board of governance, because the Board of Trustees of the shareholders to exercise obligations and constraints to the effective management of incentive, since a link between past and future role. From now been issued by the laws and policies, mainly from four areas: the first is the introduction of outside directors or independent directors, the establishment of an effective supervision mechanism. Board to gradually increase the external and independence, because there are a lot of directors are basically the original in-house operators and investors in place in the circumstances, the State Council, the SASAC will be on a global scale gradually expand the market of the nomination of directors And the proportion of executives, through legal procedures and elected to the board of directors. The vast majority of the large state-owned enterprises may step in implementing equity diversified, mixed-ownership does not have the conditions that first established the state-owned sole proprietorship, at least go forward step, the state-owned sole proprietorship is not the shareholders, but the Board of Trustees, is now Explicitly included in the pilot of the Board of Trustees of the proportion of outside directors general in more than 50 per cent is, in fact, to solve this problem. To play an independent director, the unique role of outside directors, it is necessary to solve them on the board after the function of the problem. Outside directors and shareholders how to properly deal with the relationship » Review of the transactions through supervision, to resist major shareholder, equal treatment of all shareholders, the protection of small shareholders, because only protect the interests of small shareholders to have more major shareholder and you bundle together to become strong. How to properly deal with outside directors and management relations, we must now look at the background of the corporate system of state-owned enterprises biggest problem is what » That is very conspicuous lack of incentives, lack of restraint also very prominent. However, lack of incentives is a major contradiction, therefore involvement of independent directors after the board remuneration committee, it is necessary to intensify the market at the forefront of the core business executives and technical backbone of the intensity of incentives. Third Participation in decision-making process supervision, and here we must properly handle the relationship between the board of supervisors, we know that the board of supervisors can only be conducted after the monitoring, supervision and decision-making process is very important, a project from the project could start there is a great risk. This intervention is not entered the supervisors, an independent director in the decision-making process through the supervision of the board of supervisors make up for deficiencies. The fourth is the relationship between directors and internal processing. If we are all one area, you simply do not need the nomination, outside directors make up the internal directors is due to focus on the cause of a lack of vision limitations. What are the company's board system defects, corresponding to nominate outside directors make up for this flaw. If targeted, this system is promising. The second is the establishment of the board decision-making mechanism within the Commission to establish strategic, remuneration, nominations and auditing committee of the Board of Trustees at the introduction of professional decision-making, decision-making to replace key people. The third is to improve the directors of the information disclosure system. For example, a listed company's directors, supervisors and senior management equity incentive plans of the accused should be honest and trustworthy, diligence, and safeguard companies and the interests of all shareholders; strictly in accordance with relevant regulations and the requirements of this approach to information disclosure obligations. Fourth is the responsibility of regulating the obligations of the system, improve the shareholders of directors of the litigation system. China's new "Company Law" greatly strengthened the director of the faithful and diligence obligations. Taken together, called the general fiduciary obligations. Main duties faithfully regulating conflict of interest under the directors, senior management staff, so the statutory strong; new "Company Law" 149 from the following aspects provisions of the company's directors, supervisors and senior managers loyal obligations: 1, not to misappropriate Company funds, 2, may not be the company in his own name or on behalf of other individuals to open accounts storage; 3, companies are not allowed to violate the provisions of the Constitution, without the shareholders, board of directors or shareholders of the General Assembly agreed that the company funds or loans to others Property companies to provide security for others, 4, are not allowed to violate the provisions of the Constitution or the company without shareholders, shareholders of the General Assembly agrees, and the Company entered into contracts or transactions; 5, shall not, without the shareholders or the shareholders meeting agreed that the advantage of his position to facilitate For himself or others belonging to companies seeking business opportunities, self-employed or for others by working with companies operating similar businesses; 6, and the company shall not accept a commission to the transaction have been 7, are not allowed to disclose company secrets 8, shall not be violated The company faithfully the obligations of other acts. And diligence obligations, the directors, senior management initiative to play the request that the letter should be made to pay attention to a reasonable, it is dereliction of duty. The attention of the so-called reasonable, based on their personal knowledge, experience and the nature and internal division of labor, companies such as the provisions of the statute should bear a rational general caution in the same circumstances as the obligation to act, so as to avoid damage occurred. Caution is the core of diligence obligations. For example, Mrs. Pritchard is a reinsurance broker a director of age, died after her husband had been a frustrating and often alcohol, almost not to participate in the board (in fact rarely open), never examined the company's financial report , Knew nothing about the company's affairs. During the two company directors (her two sons) misappropriated by the company as trustee of the trust accounts of others in the 12 million U.S. dollars, the final result, the company bankrupt. Court ruling: Mrs. Pritchard did not make her the company has a duty of care should be the amount of compensation due to the diversion caused by the loss. In this case, the measure is an objective that is a normal rational directors in her position held by a cautious approach as the basis, does not exist and enjoy the reputation of directors do not have to bear any responsibility for the "phantom of directors."
Corporate governance and corporate governance structure has very close relations, corporate governance in-house should have a corporate governance structure, a coordinated incentive constraints, the separation of powers of checks and balances of corporate governance structure, separation of powers aims to mobilize more people's initiative, The cake bigger, the purpose of checks and balances to prevent the emergence of worst-case scenario. This is the first level. The second level, corporate governance but also with an external control the market system, the governance of this market system, including the six major markets: the first is product market competition; second is the management talent market, you are the 50 people or of 5 Million people is 50,000 yuan with 500,000 yuan or with the » Finally management talent market will give you a reasonable price, this is a personnel switch reference line. The third is a director of the market. With the large number of state-owned enterprise restructuring for companies, private companies for enterprise restructuring, with its financial management capabilities and strategic vision but also stresses the integrity of the community of human capital will become more and more corporate enterprises chase the target, When more and more corporate enterprise with such demand, this market has been very realistic to give our eyes. Fourth is the creditor market. Loan-to-you, not loaned » The number of credits » Then you see this level of corporate governance, transparency opaque, irresponsible management of negative, when a large number of creditors have such demand, the market also formed a creditor. The fifth is the labor market. The sixth is the control of the market. Control of the market is a lot of time to get through the holding control. Although with the further development of diversified equity, through control of the proxy vote was more and more. Corporate governance mechanism of the third level also includes a system of laws and regulations. Is to company law and securities law at the core of the legal system of law. The old company law has seriously affected our country's core competitiveness of enterprises. Because of a national core competitiveness is the main component of the system's competitiveness. The establishment of companies and enterprises the threshold is too high, too much the difficulty of restructuring, after the procedure is too cumbersome, that competitiveness will certainly drop. The same market opportunities, they can be very convenient restructuring, the rapid capture, and now you in accordance with the Company Law of the cumbersome procedures are completed this reorganization, not a chance, and this is the system's competitiveness. Therefore, from global competition, the status of the economic system, the new "Company Law" The introduction of great significance. Therefore, corporate governance is a three-in-one product: the internal management structure, the management of external market system and system of laws and regulations.
6, corporate governance level of sustained and steady progress in the "supervisor"
The level of corporate governance depends on the level of the fundamental nature of equity and integrity of the hard-working skills. State-owned shareholding structure is not a fundamental change in the level of corporate governance it is very difficult in the sustained and steady progress. The State Council, the SASAC in the pilot's board of directors of state-owned sole proprietorship pilot, I think the direction of its objectives in addition to a very small number of medium and long-term involvement remains wholly-owned, or the majority stake in pluralism, a mixed-ownership, in good faith under the supervision of the director of equity diversification, mixed-ownership . SASAC, as investor of state-owned assets on behalf of the "supervision and management" are necessary to distinguish between "supervisor" (supervision) and "Governor" (steering) functions: the so-called "supervisor" (monitoring), means the property rights of state-owned enterprises must speed up the flow as a factor To achieve the state-owned economy to accelerate structural adjustment of the layout, and speed up the flow of property rights means that the investor on behalf of the increased regulatory responsibility, to strengthen supervision, especially for some of the property rights transfer plan involving major restructuring programme and the letter of approval, and other important matters, Caution is fulfilling its the core concept of the so-called "Governor" (steering), means the investor representatives, through their invested enterprises (state-owned sole proprietorship, and state-controlled or state-owned Asset Management Company Limited) of its Board Governance Wholly-owned, controlled shareholding enterprises, the integrity of hard-working skills directly affect the level of state-owned companies control the level of enterprises, state-owned companies and corporate governance standards of the level of state-owned assets directly related to preserve and increase the value and therefore should weaken the direct supervision of the SASAC, by Rights and obligations and responsibilities in line with other interest groups and stakeholders can be prosecuted and litigation relief in the market economy for centuries been proven effective in the treatment of direct supervision. As the SASAC mainly through the development of good corporate governance of state-guided and other regulations, such companies to encourage more use of management talent market, the market directors, creditors control of the market and market forces raise the level of corporate governance, the eventual adoption of the guarantee system, Ensure good corporate governance for corporate enterprises to further expand to provide a fundamental guarantee.
From 1999 onwards, we entered a crucial key to breaking the difficult period. State-owned economic front for a long low efficiency of state-owned enterprises and the state, from the Fourth Plenum of the 15th session of the convening of the recent Third Plenum of the 16th "Decision" The introduction of major policies have been identified and operational level in the policy of the State Council, the SASAC After the establishment have also introduced in general I think there is a breakthrough in the five initiatives.
1. Clearly put forward the strategic restructuring of state-owned economy principles, namely "Youjinyoutui, to be selective." State-owned economic layout adjustments is to hinder the development of productive forces to eliminate the relations of production factors. The past, we blindly on the statement made by the state-owned economic progress and better access to the areas, the bigger the better access to the area, the first initiative of talking about "retirement" word, it is a breakthrough.
2. Explicitly put forward the corporate governance structure of the corporate system is the core of this well-known thesis. From theory to solve the depths of the state-owned large and medium-sized enterprises Why must a standardized corporate reform. Private enterprises, private enterprises to do big and stronger, why must move towards the corporate system, it is because the corporate system as the main form of a modern enterprise system in an internal incentive constraints have a coordinated, decentralized structure of checks and balances of corporate governance: separation of powers The objective of mobilizing more staff motivation, the purpose of checks and balances to prevent the emergence of worst-case scenario; incentive priorities, constraints such as the accompanying video. This intrinsic incentive and restraint mechanisms to ensure that this is "company" in the carrier market competition in the relatively stable expand, this is the second breakthrough.
3. Explicitly put forward the need to establish and perfect a modern property rights system. The establishment of clear ownership, the right to select a clear, strict protection and smooth transfer of modern property rights system, is to protect vulnerable groups and the interests of the rich to create social stability mechanism and developing mechanisms: the interests of vulnerable groups must protect, and because it involves the To improve the situation of human rights, the right to subsistence and development related to the protection of the right, we should also protect the legitimate interests of the rich get rich, so that people can have investment enthusiasm, the purchase of philosophy, social pursuit of wealth will be generated the momentum , The creation of wealth created in the spirit in the pursuit of wealth most people on the road have become the middle class, the economic cornerstone of democracy it established. This transformation is mainly rely on modern property rights system to protect the.
4. Shareholding to the public ownership is the main form. Breakthrough significance lies in its answer to what is a real reform from the equity level to resolve the issue of the effectiveness of corporate governance. Third Plenum of the 16th National Party Congress stressed that SOE reform should be diversified equity as much as possible, mixed ownership, including the holding absolute and relative holding Holdings. Why should Holdings to make such a distinction? » Obviously that is relatively Holdings. » Because of the relative success of holding too many examples. When 100 percent owned by the state may not get a penny, in a relatively controlled with the time than the original I do not know how many times higher. This is the equity diversified, mixed ownership. This is good at outsiders dare to fertilizer into the field, also made his last big. The most points of the example is Bill »Gates, Microsoft's Bill Gates set up when 90 per cent stake, but most is a millionaire, moved back to a 10 percent stake in the following, but he is the world's richest man for many years.
5. Explicitly put forward by the laid-off restructuring streaming toward segregation. 859, promulgated by the state of the text "state-owned large and medium-sized enterprises Zhufufenli Des Voeux industry restructuring shunt placement of surplus staff to the implementation" of the central enterprises and enterprise reform is a weapon, divert laid-off workers to divert reform, by making access to both workers Status smooth into the market, and access to the benefits of reform became a subject of interest, is a major breakthrough.
In a new breakthroughs in reform of state-owned enterprises, it should be said that the country's major political breakthrough in principle have a breakthrough. We come from the operational level on the analysis of the strategic restructuring of state-owned economic policy.
Second, how to treat state-owned economic layout adjustments in the "retreat"
State-owned economic layout adjustments in the chin and a retreat in the economic, social, legal and political aspects of the problem. On this issue, we can not generally talk about "Guotuiminjin", which is distorted policies; Nor can the state-owned enterprises as an ideal form of enterprises so as to negate the general direction of the state-owned enterprise reform, reform of state-owned enterprises because of the emergence of some do not Standardize the issue and called for the suspension of property rights reform, which is Yinyefeishi. Differentiation should be viewed "retire" the word, and for that we need from the state-owned economy "Why retreated from the« "" Where retreat »" "Who is returned to the« "" How to retire »" four to elaborate further.
Has retreated from the state-owned economy, there are two main reasons, one reason is that the traditional state-owned enterprise system are flawed, the lack of state-owned enterprise reform in place the interests of the investor-led government and the main support. Is the inherent weaknesses in the system, acquired disorders, the general lack of competitiveness, the traditional state-owned enterprises are doing a good job, but the proportion of low and doing a good job in the past few years, a few years later can not, it flourishing Flourishing 35. Have deep-seated reasons for this » The answer is yes, we have long been the amendment to the Constitution clearly state the socialist market economy, and the market is efficiency, and therefore in the process of the market, as a prerequisite for the existence of the monopoly of state-owned enterprises will inevitably face an increasingly grim The challenge, they have efficiency, you also bear the burden of so many take part in the competition is not winning. This is very difficult to do a good job in one of the reasons why. Another reason is that the 16th CPC National Congress before the state-owned enterprise reform in place of the lack of investor-led, not the absence of clearance is the wrong offside, clearance led to a serious lack of internal control, the wrong offside led to a serious incentive and restraint mechanisms Distorted, ignored the complex operators and managers of the value of labor. The 16th National Party Congress put forward a clear, simple respect for both labor and respect for the complicated labor, while encouraging management, technology, etc., as factors in distribution. So, now the main guidelines has been very clear, how is a legitimate operation of. Based on these two aspects, the traditional state-owned enterprises to do a good job, which is state-owned economy retreated from the micro-level reasons, the state is on the macro-economic front is too long, the limited state capital increasingly difficult to support the huge The state-owned economy plate. Countries to do too many things, but its limited financial resources, we must withdraw from some areas.
The state-owned economy from the withdrawal from areas in which it » 15 of the Fourth Plenary Session of the 16th Plenary Session of the two decisions on large state-owned enterprises and restructuring norms, Zhufufenli, the transfer of state-owned property rights laws and regulations and the establishment of the State Council, SASAC director Li Rongrong of the speech, we can see very Clear. The next step in the four sectors (that is related to national security and economic security, natural monopoly industries, providing key public goods and services industry, resources sector) and two types of enterprises (pillar industries and high-tech industries in key enterprises ) Of the main part of the state-owned economy should continue to play its controlling power, influence, and driving force, that is, in restructuring the equity restructuring, the state-owned shares should at least account for a relatively Holdings. And the other areas of auxiliary enterprises are of a general industry competitive fields, the state-owned property rights of these enterprises through the sunshine law from operating norms recombinant. In the process of China's market-oriented economic layout and structure will be more reasonable. Of course, is not to say that Yuediyuehao, such as the Yangtze River Three Gorges Project, the Qinghai-Tibet railway, West-East Power Transmission, West-East Gas Pipeline project, and so are the basic form of state-owned assets, the Fourth Plenary Session of the 15th will be saying the very place, The total number of state-owned economy will continue to increase, but the proportion of the reduced accordingly. From the policy intention and market-oriented development, the total amount to progress, and the proportion of the number of state-owned enterprises to retire. At the same time the Third Plenum of the 16th also stressed that even in these areas, in addition to a very small number of wholly-owned, is holding a small part of a large stake in the reorganization should be relative to holding, controlling the relative control of the country to play a Mainstream way.
The state-owned economy to withdraw from the area who will enter it » "10th Five-Year Program" is very clear, to encourage non-state-owned enterprises, individuals and foreign investors to participate in the three main state-owned enterprises reform. Non-state-owned enterprises, and individuals including the operators due to strength, governance and cultural aspects of the reasons for holding a number of medium-sized enterprises more appropriate, but large enterprises, some of the offshore management, technology, capital and other areas have advantages in strategic investors Shares may be more appropriate. Of course, as China's private economy's development, by virtue of strength rather than空手套白狼participation of private enterprises holding large state-owned enterprises will be more and more, in addition to some pillar industries such as steel restructuring, in principle, allow foreign investment holding, the existing The state-owned enterprise reform policy is to include the operators of the transferee, the main put to a standard of measurement, and the key is to have strength.
The state-owned economy to retreat » Relying on word is to place the investor on behalf of the company that is superior enterprises and good corporate governance, property rights trading market by virtue of the securities market in accordance with the law and norms. State-owned economic layout adjustments now have the basic institutional guarantee and ensure that laws and regulations, promulgated the "the state-owned assets supervision and administration" Interim Regulations on the establishment of the SASAC, of course, the ultimate guarantee that the system as soon as possible in the existing "" Interim Regulations on the basis of Published on the authority of the state-owned asset management area of the law, the final system is the guarantee by the ad hoc body into the SAC statutory bodies. Through the authority of the legal guarantees and authority of the statutory bodies, the true sense of the boss may be shaping up, the system innovation of state-owned enterprises will take a key step.
Third, state-owned assets management system under the new system of "control"
16th National Party Congress pointed out the need to establish the assets and management of personnel, other affairs of unity, rights, obligations and responsibilities in line with the state-owned assets regulatory agencies. After the founding of the SASAC, the management of assets and the original one of the largest enterprises is the difference between what is actually from the State Council promulgated the "the state-owned assets supervision and administration" Interim Regulations on the provisions of this and the decision of the Third Plenum of the 16th See very clearly there. "Regulations" of the State Council to define the responsibilities of the SAC is very clear. The first is the establishment of the SASAC to promote the rational flow of state assets and optimize the preparation and promoting the state-owned economic layout and structure adjustment. And found that the Third Plenary Session of the decision on this issue repeatedly used the term "speed up" the word, why do » Not speed up the flow of property rights, can not be incremental increases rapidly, can not be quickly increased, the stock of the problem will be magnified, the crisis will deepen. Therefore, we said that this "pipe" has been very clear: investors in state-owned assets in place and the circumstances leading reform, speed up the rational flow of state assets and optimize the preparation and speed up the state-owned economic layout and structure adjustment. The original of the business is "all manner of a glance in the body," now we have to promote the flow of the reorganization, that is to care for the dying toward the ultimate care, and build ties of property rights, will not give you a blood transfusion breastfeeding . The flow of the carrier is the mainstream form of joint-stock companies. Why is it » Shareholding system is the main form of public ownership, has been restructuring to further improve the corporate governance structure. In short, from the State Council Guozijianguan the responsibilities of agencies, I think there are four main areas: There is no reform, enterprise restructuring to urge; has been restructuring, the investor must steering corporate governance; supervision of state-owned property rights transactions on the operators The implementation of performance appraisal.
It is thus clear that the 16th CPC National Congress held before the reform of state enterprises to promote the continuous deepening of the state-owned assets management system to establish the new system; after the 16th Party Congress, the SASAC will speed up the establishment of promoting the state-owned enterprises, especially large enterprise system the pace of innovation.
40, the SAC-led state-owned enterprises in the innovation system "to"
In the state-owned assets management system under the new structure, along with "regulating the work of the state-owned enterprise restructuring views," "Interim Procedures for management transfer of property rights" and "further regulate the restructuring of state-owned enterprises to inform the work of" some new rules introduced, the state-owned enterprise system innovation To speed up the pace. System Innovation many new models: the first is the overall corporate restructuring, while the introduction of public funding or foreign investment. This is also for this round of restructuring is a very important feature of «« restructuring and attract investment combined. The second is Zhufufenli, the main industry restructuring and listing, or in joint ventures. The third is Zhufufenli, Des Voeux industry restructuring segregation. Zhufufenli No. 859 on the text of a breakthrough significance is reflected in three aspects: First, if included in the industry as auxiliary, the state is to pay you can use the state-owned net assets of the dissolution of the labor relations of economic compensation, such as restructuring costs The second is not to change the land use can continue to use the allocation. Third, the three-year income tax exemption, as long as the restructuring of enterprises to employ after the original enterprises to achieve a certain percentage of workers such as most enterprises are 70 to 80 percent or more, if you diversified equity, mixed ownership, the largest shareholder of not more than 75 % Of the shares, etc., can enjoy the three-year income tax exemption. The fourth is the state-owned property rights transactions. Fifth is the MBO (management, including holdings) and employee stock ownership, and so on.
From a point of view, a real restructuring is actually six reorganization that property rights restructuring and reorganization of assets, debt restructuring, staff reorganization, restructuring, reorganization linkage process. Property rights over the past restructuring and reorganization of staff do not place or do not complete and did not synchronize the adjustment of labor relations. This round of the six reform linked to the reorganization.
From another point of view, the process of innovation system should be both for institutional and for the air. For the so-called system is that no matter how much the state-owned enterprises in at least 12, it is necessary to change into a state-owned sole proprietorship, the establishment of the Board of Trustees. Meanwhile, in order to solve the problem of state-owned sole proprietorship effectiveness of governance, the Board of Trustees to strengthen the external and independence. Conditional to achieve equity diversification, particularly in mixed ownership. To establish market-oriented employment system, management of technological innovation is also the same time. These are institutions for the content. The so-called-for-air synchronization to achieve is to update the concept, there are four main elements: that is to foster awareness of the shareholding system, and to create corporate governance culture, the idea of establishing a market economy, controlling shareholders or investors on behalf of the sense of equality. Four awareness of the shareholding system is unity. First, it is a right sense. Second, the joint-stock or a sense of awareness of the law. The exercise of rights must be incorporated into the orbit of the law, must be through legal procedures. Third, it is a financial sense, input-output sense, because it is the ties of equity, is a medium to long-term bonds. Fourth, the joint-stock or a sense of risk awareness. This is the same risks, while, sharing the proceeds of investment, this is not Bao Bao Bao dividend income of the fund-raising. At the same time to form corporate governance culture, a culture of corporate governance checks and balances to the separation of powers as the core of a harmonious culture. Comparing with the corporate governance culture, traditional culture is a leading state-owned enterprises and the leadership of the internal friction culture. After the innovation system, the separation of powers of checks and balances to use the corporate governance culture replace the culture of this leadership. Otherwise, we will be forever in the dark on the third son and three will address how in the end. Third Plenum of the 16th National Party Congress devoted a large section of the right words to define the source. The Board is the right from the shareholders and general manager of the rights from the Board of Trustees is the appointment, so you can no longer afford to send both the chairman also sent a general manager. Now, the source of the right direction is very clear, especially as the next manager of the talent market of sound, market-oriented employment mechanism for the establishment of the manager after the source of this right would be even more clear and more in place. At the same time, the concept of a market economy, market economy we all know there are two characteristics, is a specialized division of labor, is a competition. To win in the competition so you have to constantly strengthen the professional division of labor, so the market economy is the first final of a principle is the principle of specialized division of labor, you can only professional competitiveness. Therefore we say that the plate is not a great time, we must strengthen the professionalism of your division. Baosteel said it, even if done now, the strategy is very clear: an industry particularly strong, moderate-related diversification. In addition, it is necessary to enhance awareness of equality. With the accession to the WTO after the popularity of national treatment, with the forthcoming "Property Law", equal protection of state-owned property rights, private property rights, foreign investment to establish the concept of property rights, state-owned assets on behalf of investors at all levels and enterprises to Should firmly establish a sense of equality, equal treatment, sincere treatment, including business and trade unions, large and small investors.
Standardize restructuring "opinions" to establish a state-owned property rights "approach trading" principle, the provisions of the restructuring of state-owned enterprises norms of the nine procedures. Property rights transfer, "Interim Measures" based on four areas namely, the state-owned property rights transfer procedure and open to the entire process of transfer of state-owned property rights norms, to property rights as a link between the establishment of supervisory duties, the existing laws, regulations and policies and regulations From the interface between the operating level to give the details. Property rights transfer approach emphasizes the open, highlighted the procedures of equality, the introduction of competition, clearly the responsibility of the parties concerned. This series of laws and regulations introduced to make up for the past many of the policies of the loopholes. For example, methods of payment on the past does not require, for example merger with a bank loan acquisition of state-owned shares compared Most of now can not, legal policy must be oriented with Zhenjinbaiyin to buy their strength, General state-owned property rights, the transferee must first pay 30 percent of the funds and the remaining 70 percent in the prerequisite for the provision of security are paid in the next year; units for the transfer of property rights holders of the parent company of listed property which the state-owned shares of listed companies to change the nature of , The transferee must first funds are paid, with a full cash payment instruments for property rights may be effected. Sentence: to become real capitalists must have capital!
5, the state-owned enterprise system innovation after the "governance"
We are concerned that an interesting phenomenon, whether it is the world's top 500 or 1000, almost all all-stock companies. Since then engage in the market are economic, market economy there has the strongest call of a group of companies, certainly have a common law can be followed, this rule is that good corporate governance principles. Abroad there are many corporate governance principles, which is representative of the World Economic Co-operation (OECD) of "corporate governance principles." This is the dozens of the market economy developed countries to sit together under the auspices of the OECD, summed up the common law of the five: First, good corporate governance should be to protect the interests of the shareholders as a basic principle. A good corporate governance should be to protect the interests of investors or shareholders as the basic goal. All the time can not forget the investors and shareholders to the company board of directors to maximize the interests of the essence for the first, but the company is to maximize the protection of the interests of the shareholders interests as the basic values tend to maximize the interests of the company. Second, the equal treatment of all shareholders. This is the company we are now a number of listed companies in particular, has done enough. And the controlling shareholder of listed companies through non-standard not unfair affiliated transactions, emptied of listed companies, put it as a teller machines, in the past a lot of this vicious incident. Foreign provisions of the Companies Act was very clear, the general provisions of the shareholders of small and medium-sized shareholders of fiduciary duty. After the restructuring may be some major shareholders, some medium and small shareholders. Major shareholders of medium-sized and small shareholders must assume good faith obligations and responsibilities, otherwise they may be cheated once you, and you can not second the cooperation. Third, good corporate governance to protect the interests of stakeholders. These stakeholders, including employees, creditors, suppliers, consumers, community government, and so on. Fourth, increase transparency, strengthen information disclosure. Not only to listed companies, in fact the non-listed companies is also very important that white is also a word: to strengthen communication, the first people to support you in your understanding. Fifth, the norms of the obligations and responsibilities of the system. Foreign company law in this area have detailed provisions. For example, America's "Model Company Law," so one, a director should perform the duties as a director, include: 1. Cherished goodwill. 2. With normal caution. You have to take care of like a normal person in similar circumstances as to due diligence exercise. 3. Adopt appropriate manner. This is the way you have reason to believe that it is consistent with the best interests of the company. This is the director of the obligations and responsibilities, the general level of ethics at the request of directors to increase the mandatory provisions of law.
These are good corporate governance have to have the five core concepts.
Board of Trustees of the sound system of good corporate governance of the core substance, why such stresses » Because the great significance of corporate governance also called on the Board of governance, because the Board of Trustees of the shareholders to exercise obligations and constraints to the effective management of incentive, since a link between past and future role. From now been issued by the laws and policies, mainly from four areas: the first is the introduction of outside directors or independent directors, the establishment of an effective supervision mechanism. Board to gradually increase the external and independence, because there are a lot of directors are basically the original in-house operators and investors in place in the circumstances, the State Council, the SASAC will be on a global scale gradually expand the market of the nomination of directors And the proportion of executives, through legal procedures and elected to the board of directors. The vast majority of the large state-owned enterprises may step in implementing equity diversified, mixed-ownership does not have the conditions that first established the state-owned sole proprietorship, at least go forward step, the state-owned sole proprietorship is not the shareholders, but the Board of Trustees, is now Explicitly included in the pilot of the Board of Trustees of the proportion of outside directors general in more than 50 per cent is, in fact, to solve this problem. To play an independent director, the unique role of outside directors, it is necessary to solve them on the board after the function of the problem. Outside directors and shareholders how to properly deal with the relationship » Review of the transactions through supervision, to resist major shareholder, equal treatment of all shareholders, the protection of small shareholders, because only protect the interests of small shareholders to have more major shareholder and you bundle together to become strong. How to properly deal with outside directors and management relations, we must now look at the background of the corporate system of state-owned enterprises biggest problem is what » That is very conspicuous lack of incentives, lack of restraint also very prominent. However, lack of incentives is a major contradiction, therefore involvement of independent directors after the board remuneration committee, it is necessary to intensify the market at the forefront of the core business executives and technical backbone of the intensity of incentives. Third Participation in decision-making process supervision, and here we must properly handle the relationship between the board of supervisors, we know that the board of supervisors can only be conducted after the monitoring, supervision and decision-making process is very important, a project from the project could start there is a great risk. This intervention is not entered the supervisors, an independent director in the decision-making process through the supervision of the board of supervisors make up for deficiencies. The fourth is the relationship between directors and internal processing. If we are all one area, you simply do not need the nomination, outside directors make up the internal directors is due to focus on the cause of a lack of vision limitations. What are the company's board system defects, corresponding to nominate outside directors make up for this flaw. If targeted, this system is promising. The second is the establishment of the board decision-making mechanism within the Commission to establish strategic, remuneration, nominations and auditing committee of the Board of Trustees at the introduction of professional decision-making, decision-making to replace key people. The third is to improve the directors of the information disclosure system. For example, a listed company's directors, supervisors and senior management equity incentive plans of the accused should be honest and trustworthy, diligence, and safeguard companies and the interests of all shareholders; strictly in accordance with relevant regulations and the requirements of this approach to information disclosure obligations. Fourth is the responsibility of regulating the obligations of the system, improve the shareholders of directors of the litigation system. China's new "Company Law" greatly strengthened the director of the faithful and diligence obligations. Taken together, called the general fiduciary obligations. Main duties faithfully regulating conflict of interest under the directors, senior management staff, so the statutory strong; new "Company Law" 149 from the following aspects provisions of the company's directors, supervisors and senior managers loyal obligations: 1, not to misappropriate Company funds, 2, may not be the company in his own name or on behalf of other individuals to open accounts storage; 3, companies are not allowed to violate the provisions of the Constitution, without the shareholders, board of directors or shareholders of the General Assembly agreed that the company funds or loans to others Property companies to provide security for others, 4, are not allowed to violate the provisions of the Constitution or the company without shareholders, shareholders of the General Assembly agrees, and the Company entered into contracts or transactions; 5, shall not, without the shareholders or the shareholders meeting agreed that the advantage of his position to facilitate For himself or others belonging to companies seeking business opportunities, self-employed or for others by working with companies operating similar businesses; 6, and the company shall not accept a commission to the transaction have been 7, are not allowed to disclose company secrets 8, shall not be violated The company faithfully the obligations of other acts. And diligence obligations, the directors, senior management initiative to play the request that the letter should be made to pay attention to a reasonable, it is dereliction of duty. The attention of the so-called reasonable, based on their personal knowledge, experience and the nature and internal division of labor, companies such as the provisions of the statute should bear a rational general caution in the same circumstances as the obligation to act, so as to avoid damage occurred. Caution is the core of diligence obligations. For example, Mrs. Pritchard is a reinsurance broker a director of age, died after her husband had been a frustrating and often alcohol, almost not to participate in the board (in fact rarely open), never examined the company's financial report , Knew nothing about the company's affairs. During the two company directors (her two sons) misappropriated by the company as trustee of the trust accounts of others in the 12 million U.S. dollars, the final result, the company bankrupt. Court ruling: Mrs. Pritchard did not make her the company has a duty of care should be the amount of compensation due to the diversion caused by the loss. In this case, the measure is an objective that is a normal rational directors in her position held by a cautious approach as the basis, does not exist and enjoy the reputation of directors do not have to bear any responsibility for the "phantom of directors."
Corporate governance and corporate governance structure has very close relations, corporate governance in-house should have a corporate governance structure, a coordinated incentive constraints, the separation of powers of checks and balances of corporate governance structure, separation of powers aims to mobilize more people's initiative, The cake bigger, the purpose of checks and balances to prevent the emergence of worst-case scenario. This is the first level. The second level, corporate governance but also with an external control the market system, the governance of this market system, including the six major markets: the first is product market competition; second is the management talent market, you are the 50 people or of 5 Million people is 50,000 yuan with 500,000 yuan or with the » Finally management talent market will give you a reasonable price, this is a personnel switch reference line. The third is a director of the market. With the large number of state-owned enterprise restructuring for companies, private companies for enterprise restructuring, with its financial management capabilities and strategic vision but also stresses the integrity of the community of human capital will become more and more corporate enterprises chase the target, When more and more corporate enterprise with such demand, this market has been very realistic to give our eyes. Fourth is the creditor market. Loan-to-you, not loaned » The number of credits » Then you see this level of corporate governance, transparency opaque, irresponsible management of negative, when a large number of creditors have such demand, the market also formed a creditor. The fifth is the labor market. The sixth is the control of the market. Control of the market is a lot of time to get through the holding control. Although with the further development of diversified equity, through control of the proxy vote was more and more. Corporate governance mechanism of the third level also includes a system of laws and regulations. Is to company law and securities law at the core of the legal system of law. The old company law has seriously affected our country's core competitiveness of enterprises. Because of a national core competitiveness is the main component of the system's competitiveness. The establishment of companies and enterprises the threshold is too high, too much the difficulty of restructuring, after the procedure is too cumbersome, that competitiveness will certainly drop. The same market opportunities, they can be very convenient restructuring, the rapid capture, and now you in accordance with the Company Law of the cumbersome procedures are completed this reorganization, not a chance, and this is the system's competitiveness. Therefore, from global competition, the status of the economic system, the new "Company Law" The introduction of great significance. Therefore, corporate governance is a three-in-one product: the internal management structure, the management of external market system and system of laws and regulations.
6, corporate governance level of sustained and steady progress in the "supervisor"
The level of corporate governance depends on the level of the fundamental nature of equity and integrity of the hard-working skills. State-owned shareholding structure is not a fundamental change in the level of corporate governance it is very difficult in the sustained and steady progress. The State Council, the SASAC in the pilot's board of directors of state-owned sole proprietorship pilot, I think the direction of its objectives in addition to a very small number of medium and long-term involvement remains wholly-owned, or the majority stake in pluralism, a mixed-ownership, in good faith under the supervision of the director of equity diversification, mixed-ownership . SASAC, as investor of state-owned assets on behalf of the "supervision and management" are necessary to distinguish between "supervisor" (supervision) and "Governor" (steering) functions: the so-called "supervisor" (monitoring), means the property rights of state-owned enterprises must speed up the flow as a factor To achieve the state-owned economy to accelerate structural adjustment of the layout, and speed up the flow of property rights means that the investor on behalf of the increased regulatory responsibility, to strengthen supervision, especially for some of the property rights transfer plan involving major restructuring programme and the letter of approval, and other important matters, Caution is fulfilling its the core concept of the so-called "Governor" (steering), means the investor representatives, through their invested enterprises (state-owned sole proprietorship, and state-controlled or state-owned Asset Management Company Limited) of its Board Governance Wholly-owned, controlled shareholding enterprises, the integrity of hard-working skills directly affect the level of state-owned companies control the level of enterprises, state-owned companies and corporate governance standards of the level of state-owned assets directly related to preserve and increase the value and therefore should weaken the direct supervision of the SASAC, by Rights and obligations and responsibilities in line with other interest groups and stakeholders can be prosecuted and litigation relief in the market economy for centuries been proven effective in the treatment of direct supervision. As the SASAC mainly through the development of good corporate governance of state-guided and other regulations, such companies to encourage more use of management talent market, the market directors, creditors control of the market and market forces raise the level of corporate governance, the eventual adoption of the guarantee system, Ensure good corporate governance for corporate enterprises to further expand to provide a fundamental guarantee.
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