From "won in America" notes (in)

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Article fourth Law and human nature cold lawyer

 

What is the law?

   I know, let a full head lawyer law skills, while maintaining the natural person a true to life is hard.

   I saw the pile of "bad" paper, suddenly felt blushed to the roots of her, only to find that one of the paper are already removed from the body of the dirty clothes. P59

   The law is formatted, is the norm, is constrained, lawyers are legal workers, to exercise in the adaptation of the format, but it basically does not contain the feelings of the movement -- which belonged to the most basic human, the most beautiful thing, in front of the law into naive, in law specialty impede. P59-60

   This has to be self feeling for mature and social recognition that I lost. P60

 

The reluctance of be most willing to

   If our eyes lies a murdered family today is also open the coffin to see relatives when the victim's suffering, we should cry; if we know the Greek people still be still unpunished, nobody investigation, we should use the cost of life to seek justice judgment; if...... P65-66

   Because you're cheating, so unfortunately you; because you don't fight, so you never lift head! P66

   We just enjoy a high mood, the mood seems to get how much money can't buy, how much money they can't go back. This kind of mood once appear, usually the kind of "reason" not only is not brilliant, but more wretched. P67

   This world, money makes people uncomfortable, do not make money and pressure; do not, do I foul! P68

   In our experience of life, the reality value and personal value of spirit always vary greatly, money is not the only thing in the world of weights and measures. P69

   How much profit do much work, is as unalterable principles, be without rebuke, leave it symbolizes the China progress of economic and social development, or a symbol of Chinese moral social retrogression.

   However, we still can not help sincerely looking for only belongs to Chinese real cultural feeling: support the world of life is fine, gas, God, the gentleman righteousness, small talent conversant with self-interest. P69

 

China lawyers and American consultant made a "business"

   (this section is about growth in American Chinese to Rui, do case consultant for free.)

 

Who is the customer?

   A case at law firms, like entering a line.

   Transverse look, have to collect materials, and visiting survey, has sought legal provisions or judicial, there are studies of the conflict of laws, and finally according to the situation to develop a whole step. Vertical view, search for new data may be missing from the existing material to collect, enter the finishing stage, and then classification, to study separately in the collective lawyer, meet, after crashing out of inspiration and spark, re induction problem, strategy, go to study law, then survey, trimming, and then, make contingency plan to more than two sets of all the documents in the corresponding, supporting the production, main parts, accessories, legal provisions. P79

   In order to keep our Motherland 's reputation from being tarnished, we have made the nation, our firm' s permanent, most favored client. (to erase the stain on my mom's face while working, the motherland will always be our supreme "customer".)

 

The first drops of sweat

   America is a case law, the case is under a similar to the case provides a ruthless reference. In American companies more and more, once the case, the formation of a of size companies can implement implicate Aboriginal case, every Chinese company could be because "comrade," punishment and be implicated by the. P81

   Gas or anger or mother, or reputation, or, justice is the mankind's common interests all over the world. We are faced with a black and white are the upside of reality, in the international community, the highest goal and the highest means only a lawyer: justice to seek justice. P81

   Political motto: you not only to know what to do, what is more important is to let others know what you are doing. P82

   Many lawyers thought and public ideas identical, in a professional and non professional confused state. Intelligent layman often than stupid adept to smart P83

 

Article fifth Tasteless obscure legal issues

   In a pile of materials, the writer unique is true to life stories, the reporter read is to let a person find everything fresh and new events, and the lawyer read is a problem of law is obscure and tasteless: people, things and things that the legal relationship between legal logic, finally I deliberately plan of figuring it out legal steps. P90

One of the three serial case: no criminal offender

   Combination for the first case serial case was 10 years ago in the direction of the United States to buy not production machine loss. In the eyes of law in general, the Chinese suffered great harm to USA merchant does not violate Chinese law, and does not violate the law USA. P91

   The Boqin gentleman is really "do not over the rules" to play the combination between a natural person and legal person. P92

Analysis of the first case: only the bankruptcy of the company, not the bankruptcy of the people

   Company worker said, if the law that it does not break the law, the law is the asshole. The lawyer's job was to have come to attempt nothing and accomplish nothing legal cul de sac, on the ladder, reconstruction of justice. P97

   Many business risks, are from the "cash on delivery" this simple principle of the time difference and the. By the absolute time difference, there is always a hand in, hand in. The absolute risk concept, a hand in the entirely possible to get money no goods, or goods received no money. P98

   Although it is self protective measures, but will not use equals No. P99

   In the lawyer's eyes, as long as the customer loss, should be to recover the loss;

   In the lawyer's eyes, only the bankruptcy of the company, the boss did not fail;

   In the lawyer's eyes, as long as the fox rabbit, move the nest make it doomed;

   In the eyes of lawyer, lawyer's job was to have gone to the dead end attempt nothing and accomplish nothing law, put on the ladder, see heaven.

   Therefore, in the eyes of lawyers, not "illegal" Boqin did violate the sinner, wrath. P101-102

Three serial case two: do not respond and lost

   Chinese twice in USA controlled. China suffered heavy losses as the defendant steal technology, respectively in the bankruptcy court and federal court case. A heavily. P102

   Cause trouble between truth and falsehood, there may be a lie, there may be a misunderstanding. Lie need to expose, misunderstanding need to explain. One of the biggest function is to court the equal, open, to expose the lies or explain the misunderstanding.

   Unfortunately, the silence. P104

Analysis of second case: bold hypothesis, carefully verify

   America businessman made a successful big game, double bumper harvest of commercial law. P105

   Chinese and easy to understand manufacturing miscarriage of justice can make a political enemy of benefit, also can understand the manufacturing infringing paper in the business people, manufacturers can benefit in terms of money. P109-110

Three serial case three: Americans go on Chinese bank large deposit

   There is a need not dispute the implementation of the case, and fair or not, if the person subjected to execution is USA legal jurisdiction by China Company. The prevailing party will remove the expired large deposit in USA. P111

   In this melting pot USA, melting into more and more yellow skin and black hair. Americans in China big business at the same time, Chinese in American in doing business. The difference is, in Chinese desperately to learn western American culture, American culture of Oriental China are poorly understood. Americans only to his way of thinking to understand other people, on his way to deal with foreign people, who do not want to talk to him American court Dalian people although feel feel helpless, but to USA Guan Qu of the China Company, but the exercise of an absolute authority cannot be defied. P113

Analysis of third case: American jiuzu collective punishment of the court

   American court practice has its logic and according to their master, a Chinese patriarchal relationship graph, or master in its territory "hostages", still holding the two effective judgment; two big hat, China head of plagiarism and contempt of court never defense, and now the limitation of action already in the past. This is the reality and cold case. P114-115

 

Article Sixth The lawyer's choice

Principles and skills: rational everywhere

   The law from a bold abstract out a fair idea; the color confusion picture become eye-catching picture no confusion; the curing judgment lost to history and broad future time; the judge thinking into the earth on the opposite side of the large space; let the color of different people have common language in the legal justice consensus. P121

   Two different ways of thinking caused by different understanding of the problem whether, despite how can an all-persuasive tongue.

   In our opinion, all human beings any different ways of thinking, it is difficult to put black completely as white, white and completely as black. P123

   At present China legal education sub categories, regardless of method. Thinking method many lawyers are using the judge style, sentence type, even type of public relations. In fact, lawyers and judges the business the biggest difference lies in that the former legal methods, which represent the law. Law can never make a decision according to the law, the judge can never out specific legal provisions to the theory about non. But even the professional, often also can jump into the confusion of understanding. P124

   From a purely legal point of view, the legal concept of legal concept America method and Chinese method is also different, legal system is radically different from the two countries. The legal system USA is case law of Anglo American law system, Chinese is originated from the German civil law, the former is a huge, historic text database according to a case gradually built up; the latter is a disc are installed under the style of clear regulations. In two different legal systems "lawsuit", legal method for lawyers and judges the way of thinking and they used were not the same.

   Usually, people only look at everything with their habit of thinking, in the cognitive a transaction unconsciously closed up. P125

Beyond the law of reason is legal rational real, rational and legal legal conscience for the original case, called rational everywhere! P126

 

Two America words together and a Chinese word as large

   Lawyers from the American Law Library find hundreds of applicable precedent and the law, formulate a set of litigation strategy, be fully equipped for. P127

   To work and life (such as America), is only suitable for two kinds of people, one kind is the mental ability strong person, he or she will in no culture based local successfully maintain the various psychological balance and life balance; second category is the spiritual sense of poor people, he or she would only some of the the vanity of life, or is only alive in order to properly Chinese human purpose and. P131

 

But before he could conquer, he was dead

   We live in a prone to misunderstanding of the world, people have different ways of thinking and life angle, difference will cause a misunderstanding, misunderstanding caused by the conflict, the contradiction caused by the mutual exclusion. But I never believed that this kind of contradiction in the black and white is a non issue, people also often conflict as an enemy, where there are so many contradictions gnash the teeth in anger? P135-136

   Doubt, resentment is the erosion of the spirit of the people of bad mood, tolerance is a virtue. My parents told me, "remember, can accommodate much, much can be." Sometimes finish is also love a sentence: "can hold the world can not be the party for the people."

   I believe that as the conscience of acting talent could have health and happiness. P136

 

Aimed at the fight as "the defendant"

   Lawyers in higher mathematics problem solving, finally find some formula, reverse the original judgment possible. And American judge communication without words began.

 

Lost souls remember

   Came the authoritative indication, pertaining to the case and in the USA Chinese institutions, China lawyer representing Dalian three party not to participate in the proceedings. P143

 

Blind and dumb met

   This is a full of misunderstanding of the world, people need to understand each other well intentioned, interpretation and communication, rather than conflict, collision, hostility or persist in wilfully and arbitrarily. P146

 

Little donkeys

   People living in in embarrassed to console oneself with soothing remarks, maintain a balanced state of mind.

   One of our lawyers group is also a commodity society many people, are not all over the earth gravamen Road, not to the world complain burro. P151

 

March of the volunteers

   To help me with the most sincere, the mood and the very spirit of temptation to language, overseas consultant (foreigners are old in), wrote a dozen letters, want them with us America court "and have a good time". P154

   The most expensive USA not treat or gift, but artificial. In USA lawsuit so-called expensive also is your lawyer. P155

   To Rui said, in China all law, labor law, he hated the most is. Just enter the company's workers don't know what is respect work spirit, also don't know our country how poor, do not know how their own ignorance, learn to go lazy with labor law, to ask for a raise, to arrange every five days to enjoy a holiday. P157

   Those of us who grew up in USA, can't be ungrateful...... Please don't tell me you are Americans, though, and you can't speak Chinese, change a color you can, into a yellow skin white love bananas, but your black hair you skin your blood, let each see you, you are Chinese.

   Who are the Americans? The British, French, Indian, African and Chinese republic. If we put down our constitution does not talk, the United States put the Chinese characters into two words, it is called the Joint Stock Company, Chinese is one of the small shareholders, everyone is a member of USA this company, but you just America this company Chinese shareholders, back home, you still Chinese.

   Chinese how in this company strong? I see by those of us in the "company", may be filled without strong, only our own boss is strong, we will be strong.

   Who is the boss? In the other side of the earth China, is our mother.

   When people criticize Chinese, those of us who can not gossipy and meddlesome, because we have no chance to had done for her, so we did not criticize. The first time I went to Chinese, see his compatriots to us that when guests for the up, a feeling of how inappropriate feeling!

   For his mother, our rights and obligations are the same, even when she is in trouble, money money! Powerful hard! To have life! Is she was bullied by you, we will come out and beat the bully her!

   It is very hard, but I will not give you calculate the man hour, we are a Consultants Co, not a trading company, we do business capital of their profession, their ability. Today we use their own capital, only for their mother's love a love. The pay is not the exchange conditions.

   But I believe, my mother will return you a smile, this is for all of us, the highest reward! P157-158

   Our volunteer troop quickly organized, from another world came to many people, their motivation is very clear, that everything is in order for the motherland mother. The singing style of emotion, in many domestic people, like to sing tenor as adornment feels strong. Perhaps they are not businessmen, not after the storm of revolution, their song is so genuine and sincere, no doubt, that a group of inexperienced pure children's voice chorus. P158-159