I just

                       Vision and confusion of law

                 -- Speech at the Civil Aviation University of China School of law

                            Zhang Chongfu

Dear Dean Niu Jun,Respected mentor professor Zhou Defeng, dear teacher, the classmates:

Good afternoon everyone!

Thanks to the law school's invitation, let me have this opportunity to all the teachers and students to report our experience in the legal occupation 20 years, talk to you about your work in the sour, sweet, bitter, hot.

The autumn of 25 years ago, I was holding the Philosophy Department of Nankai University admission notice, from Shandong province Zhucheng rural (our village from this year Nobel literature prize winner Mo Yan's native place is only thirty kilometers away) came to Tianjin the metropolitan school, since then, life is in front of me the migrant children opened a new page.

Thank the Department of philosophy, teachers, they, let me spend a full and rich and colorful college life is four years; they, raise own logic of thinking, for fun. The teacher's story now want to come, still a lead a person to endless aftertastes. Please follow me to the two story one: Ancient Greece, to execute a number of prisoners sentenced to death, the king asked each death say a word, and must be able to verify its authenticity immediately. If that is true, false, beheaded hanging. Some people say "I was wrong", because cannot be proved true, then a is false beheaded; some people ask for forgiveness or what you don't say, would be seen as the truth and hanged. A man was very quick witted, "you want to have my head". You think, if this sentence is the truth, that is hanged, if is not he would be beheaded, but if beheaded it became the truth, so the king can not hang, also cannot be beheaded. Then, how to do? In desperation, had to let him go. The story that I opened the mouth "Wow, learn logic is useful, the key can also help." To realize the power of logic and fun; remember another story, also occurred in LONG LONG AGO in ancient Greece, a teacher to teach a student how to display "represented in court litigation, gaotu teacher" confidence, he said: "I told you to sign an agreement, collect your half tuition, you after graduation, the first lawsuit, if you win, you can pay me the other half". However, the students after graduation day idly, stay at home, not to engage in a lawsuit, the other half of the tuition fees do not have long delay. The teacher was very angry, sued the student, said: "you must give the other half of the cost to me, I'll win. If the court I win, in accordance with the decision, you must give me half the cost of another; if you win the lawsuit, according to the agreement you get half the cost of other me". Unexpectedly, really "student", students Defense said: "if the court rejected your claim, I certainly can not give you; if you win, in accordance with the agreement, my first case is not successful, the same can not give you" the teacher failed to general tuition surplus the. I guess, this may be the main reason for law school with no us students tuition waiver contract signed!

If say, the story inspired their philosophical interest, then, several criminal defense case class contact triggered his interest in the law. Among them, the great philosopher Socrates was accused of "spreading heretical beliefs" cases and Mr Chen Duxiu is accused of "crime of endangering the Republic" case is the two case of left to their own impression most profound.

80 years ago at the end of one nine three two, Chen Duxiu was the national government accused as "the crime of endangering the Republic", when the judge asked Hu Shan:"The defendant, you know, you encourage to overthrow the national government violated endangering the Republic charges?"Chen Duxiu said in a statement:If that opposed the government is 'endangering the Republic', this kind of logic, is for the people of the world laugh. Sun Zhongshan, Huang Xingceng opposed the full Jing government and the Yuan Shikai government, the latter Ceng Chisun, yellow is the traitor, "Benedict on? The opposition to the government for treason, then sun, Huang has two times of treason! See also utterly ridiculous."

Chen counsel Zhang Shizhao lawyers said: this court portrait of Premier Gaoxuan, regarded as the father of China, the three principles of the people, the party regarded as the bible. The prime minister says: 'the three people's principles is that socialism, communism.' Why the prime minister a communist propaganda, regarded as the father of communism, and show the propaganda is endangering the Republic?

Besides Socrates, according to Socrates's student Platon in the "ideal country" records, 70 year old Socrates is politician Arnie Matus and so on 3 Athenian accused as "not to worship the city of God, the corruption of the young, confuse right and wrong and wanton dissemination heretical beliefs". In the face of unreasonable charges, Socrates explains why their enemies: "although I and accused me of people don't really understand what is just, but I was better than they, because although they know nothing at all, they think they know everything; although I also know nothing at all, but to know their."

Facing the death penalty charges, Socrates first from the procedures for their defense, he said: "even if I mislead anyone, it is not, if I have unintentionally mislead what person, is the correct procedure should be in private, correct me, but not open trial." Socrates made a plea from the aspect of procedure, to the entity's defense -- I just kept to young people asking questions, so that they understand their ignorance, so as to better understand their own, understand life, not the corruption of the young, never confuse right and wrong and spread heresy heresy, and refuse to accept the violation of their own life creed "plea transaction" -- rather out of favor to the public, convicted in the state, but also unwilling to give up their own philosophy as the price to pay for freedom and life.

Socrates was found guilty, his students dug an underground passage, persuaded him to escape. Socrates said: "evil law is also the law, I appeal to establish a set of rules, everyone according to the rules, I cannot take the lead in violation of rules. Although the rules are not reasonable, there is no human nature. However, in its revised before we have to abide by it." Took the die.

Wonderful plea two case filled with defenders, logical thinking and strict rules consciousness, make oneself to the lawyer occupation or sth.

1991 July graduated from Tianjin University, assigned to the study of the ideological and political work at college, day and we stayed students signed an agreement not to resign from the harsh conditions: within 5 years, not the postgraduate examination. In 1992, due to the lack of teachers, the school decided to play I teach law, philosophy graduate himself a strange combination of circumstances to Ben students about "Introduction to law", one can imagine the pressure, that lack of theoretical knowledge, deep fear Wurenzaidi, but from the case teaching method, America law school lessons meticulously, each class, to talk about the case, the content of law necessary rub in, guide the students to participate in the discussion, one can stimulate students' interest in learning, two can effectively compensate for the lack of its own basic theory of law. In 1994, coinciding with the USA century -- Simpson murder case raise a Babel of criticism of, is organizing class discussion and track progress of the case, the moot court organization, let the students make their hungry jurors independent judgment. Let the students understand the basis and core of legal English America penal code of two principles: "beyond reasonable doubt" (beyond a reasonable doubt) rules, what is the "presumption of innocence" (the Presumption of innocence) principle. Some people say, one of the characteristics of judicial system is America "would rather escape one thousand, can not be wronged man", and the Wang Jingwei regime "would rather kill the wrong one thousand, can not let go of a" principle of contrast.

The Simpson case playback: late on the night of June 12, 1994, people in Losangeles found that the house in front of the two bloody bodies. The dead woman later confirmed that is Simpson ex-wife Nick Brown Simpson, and she is behind a restaurant bartender. The two blood all over, and was sharp cut throat. The time of death is a ten point night. After the early morning, four police officers came to the deceased husband is famous football star Simpson home, outside the white car stained with blood, the blood found on the driveway. No response to the ring, paqiang door, the Forman police officers in the park after finding a blood stained gloves and other evidence.

The main witness: a case at that time living in a friend's room based plans, he testified that there is earthquake like room wall. In addition a telephone appointment with Simpson go to the airport, the driver said: around ten he went to Simpson's house to ring the doorbell nobody, close to eleven points, found a tall black (like Simpson) to rush back from the street outside the house, then press the bell after the Simpson responded, saying he fell asleep, and then ride to the airport to Chicago. After the early morning, Simpson in Inn Of Chicago Hotel, the police received notice of his death his ex-wife, back to California early in the morning. Simpson accepted the police for an hour. When the police found the injured Simpson. He explained, his ex-wife received a death too excited to break the mirror and injured. A few days after a police investigation, Simpson decided to be prepared to arrest the main suspect. in June 17th, Simpson's lawyer to accompany Simpson back to the police station, have been found in the rest of the upstairs Simpson. Followed by the national television audience in saw a memorable shot: the sky helicopter, ground round out patrols, Simpson finally found a few hours a white car. Dozens of police cars in Losangeles on the road to start a car chase. Simpson was arrested last. Test results show that, all doubts are gathered in Simpson a person. The scene of the murder of two found Simpson's blood; hair and Simpson field extracted hair the same; the police found at the scene and Simpson residential blood gloves are the same pay, two gloves on both the victim and the accused's blood; Simpson and the victim's blood were found in the Simpson house door trail, two floor bedroom socks and white car. In this way, the prosecution evidence can be called "irrefutable" why the jury finally Simpson found not guilty? Because of the reasonable doubts exist: first, the officer Forman testimony should be compromised. The night the police officer is not bad, why he took the trouble at dead of night scene? Even more puzzling is why, white's car, the room after the blood gloves, two floor bedroom blood socks and other important evidence that he was a single man found? This man has a strong tendency of racial discrimination, many cases in previous call Africa African NEGRO nigger; also has the Chinese were killed by calling NEGRO case; second, the trial, the prosecution produced several site found blood socks photos, but pictures of Shi Jianshun sequence is stultify oneself. Not only blood socks site the day at four thirteen in the afternoon taking photos at four thirty-five, but photos appear blood socks. So, what is the original blood socks on the carpet? Or was the police moved in on the carpet? For this problem, the police reply incoherent, contradictory. In addition, the experts in the inspection of socks blood on the found to contain high concentrations of preservative (EDTA), because the police evidence and no blood coagulation later transferred to the evidence bag, so the police after detected in blood Simpson added the preservatives, preservatives may affect the test results; third, the bloody gloves, Simpson did not wear. Not to stick to one pattern teaching method is welcomed by the students. In 1995, the case teaching method in the course of my Tianjin University won the innovation prize, I was elected as "Tianjin University teaching advanced individual training". Last year, there was a meeting in the bonded area, the general manager of a business initiative to come over and say hello, that he had heard of my class and the class of case discussion fresh. Make fun of a way: "legal theory has returned to the teacher, but these small case not only didn't forget, sometimes also the wife and children about listening."

In the teaching of legal courses at the same time, he began to prepare for the national examination for the qualification as a lawyer in 1994, got 237 points, lost by 3 points. In 1995, the second time to participate in the examination for the qualification as a lawyer, and finally to Tianjin city the first 293 points (fractional line is 240 points) passing exams and started practicing law in 1996. Before Yue law firm in any part-time lawyer.

In 1997, with the vision of the law, to get rid of poverty for themselves, put one's foot down from days to resign, embarked on a full-time lawyer of the road, I know that, for a no root, kind of outsiders, this is an arduous and tortuous road, but it is a full of challenges and opportunities Lu, needless to say, the economic reason is their choice of the main driving force of the lawyer occupation. Just graduated in 1991 when his wage is 100 yuan, in 1997 the wage is 500 yuan. Married in 1996 when only the personal deposits 5000 yuan, is not a house, cars, tickets, got married and had to borrow in the parents' home. The wife of Dr. Weng Yuhua will know how to be grateful.

Just as a lawyer, young and frivolous, he made a lot of jokes: the first case agent is subject to 10000 yuan sales contracts and disputes, lawyers fees for 500 yuan. Don't play with the Nankai court female judge Qu Mei did not know, because the defendant refuses to appear in court, but the court summons the defendant, had to find the reflection, second session, suffered injustice report curved judge almost cried, "civil disputes which have compulsory summon the defendant?" Qu judge after become tried my case most of the judges, I heard 3 cases, all the decision we win; the same year, in the Xiqing court agent cooperation in disputes, the use of "the blatant violation of contract" sentence, the judge in private and I discussed a misnomer -- "just listen to said, Iraq outrageously invade Kuwait, haven't heard a blatant violation of contract."

Here, not to mention the first big case his agent, it strengthened his future as a barrister's confidence, and one from the head of the poor has been shrouded in clouds over the past 28 years.

In 1997, Tianjin Foreign Trade Corporation guarantee contract dispute in the court case, was sentenced to pay the 3500000 yuan of principal and interest repayment obligations in the high court and, second, agent I win, from the foreign trade corporation responsibility for repayment. The lawyer fees charged 50000 yuan, signed the agreement of agency, I am excited: "I GET IT, a poor life is gone for ever!"

In 1995 February, Tianjin Tianjin city commercial banks and some company signed a loan agreement, the company borrowed 3500000 yuan of liquidity from the banking, for a period of 1 years. Tianjin foreign trade company as a joint responsibility for the company's loan guarantee, the guarantee period for the principal repaid date. In 1996 February, without notice to ensure people's circumstances, banks and borrowers agree on new loans also old loans. In 1997 February, the borrowers to repay, stop business. Bank borrowers and guarantors together to court. The court of first instance to joint liability guarantee law and judicial interpretations in terms of order that is guaranteed to assume responsibility in human primary responsibility period. In my opinion, both lenders and borrowers without the consent of the guarantor's consent, both in new loans also old loan, the guarantor guarantees the old loan has been repaid, guarantee obligations exemption. A new legal relationship loan contract system, without any relationship with the guarantor, provisions on some issues do not belong to the "Supreme People's Court on the trial of cases of disputes over economic contract shall guarantee the" (method [1994]8) the judicial interpretation of the provisions of the "change the contract performance period", the provisions of article twelfth of the regulations: the creditor and guarantor without guarantee agreement, change the contract performance period, such as the guarantee contract guaranteed liability limit, that is in the original warranty period undertake suretyship liability; if the guarantee contract has not been agreed upon guarantee period, guarantee people still are guaranteed to assume responsibility for the bear responsibility period. Should not any original guarantor shall bear joint and several liability. The court of appeal was adopted. Two years later, I was the opinion of the Supreme People's court adopted. December 13, 2000 implementation of "Supreme People's Court on the application 'Guaranty Law of the people's Republic' interpretation of several issues" thirty-ninth regulations:"The main parties to the contract agreement with the new loan to repay the old borrowing, except when he knows or should know, the guarantor shall not bear civil liability."

 

I'm glad I live in a great era, can rely on their own honest labor and professional knowledge, have a dignified life, can live and work in peace, self realization of individual ideal. The ability for rural parents in Tianjin the purchase of housing, support them in their old age, and when the teacher's parents to improve housing.

 

Despite their ability and contribution is very limited, but they still work steadily approached, the society also gave me many honors: 2000 election of Tianjin people satisfied with the law; in 2001 founded the partnership law firm in 2002; Tianjin Tianjin -- "the lawyer" album; elected in 2006, Tianjin city "the lawyer business top-notch talent", in 2007 won the title of senior lawyer, was elected to the Tianjin Arbitration Commission the young lawyer arbitrator, the number of copies "arbitral awards" I issued by the Arbitration Commission Tianjin used for training new arbitrator reference documents. Tianjin arbitration committee in the city hired 300 arbitrators, in which, law professor, lawyer, a retired judge each accounted for about 30% per year, 500 cases accepted, I heard each year more than 10, becoming one of the Arbitration Commission to hear the case most of the year before the ten arbitrator. Arbitration and litigation are not the same, a cut end. I always abide by the norms of behavior arbitration, 60 cases without complying with fair, justice and safeguarding the legal issue, a corner of the sky clear, I issued the decision, not a court to revoke. The trial process, did not receive any benefits provided by the parties.

The lawyer industry as a high income, highly educated population, has her dazzling aura, but the lawyer should not become a money making machine seek nothing but profits, should have the courage to bear, in the correct execution, justice and legal safeguard the social protection of the legitimate rights and interests of the parties at the same time, with deep feeling to people, seriously perform legal aid, legal advocacy, social responsibility, the difficulties of the masses to enjoy the sunshine of social fairness and justice, to feel the warmth of the socialist legal system.

As a member of Party branch secretary and lawyers volunteer, in recent years has obligation to answer a succession of community residents, housing demolition disputes and other legal advice for thousands of passengers, volunteer service work more than 1000 hours. In 2002 December, Nankai District Huayuan to village community the first owners Congress, I was elected owners Commission director. In this post, I is for the common interests of residents in the area of the two years of compulsory service, through negotiations with the developers, successfully solved the problems left over from years of real estate certificates, repair fund, established a vehicle management system; during the shift in Tianjin city to visit service center, received hundreds of times the petition and advice, improper behavior to stop Hexi District North food market operators of illegal evictions individual operators, to safeguard the social stability; in 2009, "to commemorate the lawyer system of Tianjin city reconstruction 30 anniversary" activities, the people have elected to Tianjin city "top ten public interest lawyers". As a law firm Party branch secretary, he recently led all the party members, members actively into the community, enterprise, school for volunteer service. Because of outstanding performance, since 2009, the Party branch elected to three consecutive "Nankai District grass-roots party building demonstration base", "Nankai District excellent grass-roots party organizations," the title; in 2012 February, and by the peace District, district government awarded the "twenty-first annual community service volunteers group member is advanced unit" title. In 2012 September, Tianjin Municipal Judicial Bureau awarded "advanced Party branch of good basic level Party branch" title.

For the expression of love, he also repeatedly donations, donations, self practicing lawyer since, I repeatedly to the earthquake stricken area, the disabled, the school to donate, light cash donation has ten thousand multivariate.

I tried several times to return to his alma mater to hold lectures, teaching obligations. In 2000 5, June, should be invited to his alma mater, Faculty of law, Department of law students the "security law" in April, 2011, May, introduced the "international arbitration and practice". In 2011, May, June, the Party branch organizations in cooperation with the school of international economics and trade, Nankai University hosted the two moot court, I served as the moot court judge. School of international economics and trade, also the moot court activities into teaching cd.

In the tension of the lawyers work, also in a re education constantly received his alma mater, take full advantage of the opportunities to return to his alma mater "charging". In 1998 -2001 years, his return to his alma mater, graduate degree in international law students. In 2008, has led the firm young lawyers attended law school professor He Hongfeng's "legal practice" construction engineering course; the beginning of 2012, back to the seminary, listening to the teacher for graduate students of the "China modern philosophy" course, re experienced when years listening to class, such as drinking wine kind of refreshing feeling.

I was lucky, to catch up with the rule of law China process, become a Chinese Law building construction of witness and participant.

When entering the law department of Nankai University in 1987, only recruit 30 people, the teachers strength is very weak, only an associate professor. At that time, all law students only add up to more than ten thousand people. In 2012, China for law students university has 600 graduates each year, nearly four hundred thousand people. It should be said, law graduates millions, laid the foundation for talent Chinese of rule of law.

As a eighty s University, at the beginning of the ninety's work, I experienced the process of our country lawyer occupation to "prosperity". A lawyer's practice at the beginning with Professor Yin Hongfeng, Nankai University School of law, guiding my 70 year old lawyer hand. He told me, 80 years of beginning, legal system reconstruction, the city only sixty lawyers, each action can only charge 5-10 yuan. To me as a lawyer in 1996, reform of the legal system, to allow the establishment of private firms, allowing lawyers negotiate with customer charges. Tianjin lawyers in 1000, the city's total revenue for the year 50000000 lawyers, lawyers throughout the country of 60000 people, 2012 Tianjin lawyer 3500 people, the annual income of 9 hundred million. 230000 people break through national lawyer. The lawyer system is the product of the state and the rule of law, attorney xing. The lawyer occupation development means that the progress of the rule of law. In 2011 March, the National People's Congress meeting, Wu Bangguo chairman said, by the end of 2010, China had enacted 236 laws, administrative rules and regulations more than 690 pieces, more than 8600 local regulations, and fully completed work on the existing laws and administrative regulations, local regulations. The socialist legal system Chinese characteristics has been formed.

The legal confusion

The famous British writer Dickens in the "Shuangcheng" first wrote: "it was the best of times, it was the decline of times; it was wise and civilized times, it was the age of foolishness; it was the epochof belief, it was the epoch of incredulity; it was sunny season, it was the season of darkness; it is thriving in the spring, it was the winter Nothing needed is lacking. lose one's vitality; before us, we had nothing before us......" This description seems to apply to today.


In the legal occupation for 20 years, he has experienced too many helpless and confused.

The independence of the 1 judges of the poor. Civil law is the law of our occupation of judges and prosecutors into the civil service management system, and civil servants have the most basic features, is the lower level to the higher level. The administrative management system, in fact caused the presiding judge may say not situation, often trial and mediation, the judge a conclusion, appear the opposite conclusion situation judgment, because the president, Dean, the judicial committee is the final judge. In addition, from administrative intervention too much, the judge has no independent judicial power. Western saying goes: "justice is to safeguard the fairness and justice of the last line of defense", but in reality, we often find this line similar to the Maginot Line in France during World War ii.

Example: last year I represent plaintiff Tianjin Geothermal Institute defendant Tianjin three Construction Co., the construction contract dispute case. The two sides signed the "geothermal well construction contract" in February 17, 2009, commissioned by the plaintiff accused the general contracting of Tianjin city Yingbin Hotel building reconstruction project of hot drilling system construction, the contract package materials for contractor, for the amount of 2750000 yuan, of which, some construction drilling geothermal wells for 1250000 yuan; the ground engineering together with the equipment part of the amount of 1500000 yuan, the completion of the geothermal well construction, Zhang Gaoli Secretary of the inspection, instruction and nearby natural museum shared geothermal wells, the ground project was shut down, but the plaintiff has to fulfill this contract and third people signed a total of 397750 yuan for equipment purchase and sale contract or processing contract and in accordance with the the contract to pay the down payment for a total of 131750 yuan, the advance payment has been unable to return the plaintiff, caused economic losses of 131750 yuan the plaintiff. In 2010 December, the plaintiff requests to order the defendant to pay the plaintiff construction costs 425000 yuan, the plaintiff compensation for economic loss of 131750 yuan and paid to the plaintiff late payment default payments 165250 yuan, a total of 722000 yuan. The Ministry of land and resources in Tianjin mineral resources supervision and Testing Center (2009) issued by the Land Bureau (of) No. (031), "test report", that the geothermal well water quality, water temperature, water and other indicators to meet the contractual requirements and usage requirements. In July 13, 2011, the supervisor of the project Tianjin city planning in the Geological Engineering Supervision Co. Ltd produce written proof, prove that: "after the completion of the actual purpose of geothermal well layer of Neogene Minghuazhen Formation, the well depth is 877.68 meters, the pumping test wells, the water temperature 48 ℃, water volume of 102 cubic meters per hour, reached" geothermal well construction contract "and" geothermal well construction design "requirements. The geothermal wells because of the construction unit Yingbin Hotel building renovation project planning changes, not pay well approval procedures." In these indisputable evidence, the court of first instance is the plaintiff cannot prove the geothermal well construction and delivery has dismissed the plaintiff's claim. Second trial court judge after the end, adjustable interpretation, because downtime is leading indicator, the request of the appellant or accept the appellee compensation of 200000 yuan, or dismiss the appeal, the appellant refused because of mediation, the court eventually upheld.

Disregard of procedural law 2

Procedural justice is the basis and guarantee of substantive justice. We are familiar with the scene in the European and American film, television, the police arrested the suspect always fluently told: "you have the right to remain silent, everything you say will be used against you in a court of, you have the right to hire a lawyer, if you cannot afford a lawyer, the court will be free of charge for you specify a lawyer." The famous "Miranda rule which is the Anglo American legal systems".1966 years, America Supreme Court made a far-reaching ruling on Miranda v. Arizona, the ruling has become one of the most important USA criminal verdict on. In 1963, an unemployed 23 year old Ernesto Miranda, was arrested on suspicion of rape and kidnapping of women in Arizona, the officers were interrogated for him. Before the trial, the officer did not tell Miranda have the right to remain silent, the right not to confess sin. Miranda culture is not high, in this life will never heard of the world there are America fifth amendment to the constitution of such a thing. After two hours of interrogation, Miranda confessed to the crime, and signed the confession. Later in the court, the prosecutor presented Miranda's confession to the jury, as an important evidence to accuse him of a crime. Miranda's lawyers insist that, according to the constitution, Miranda confession is invalid. Finally, the jury found Miranda guilty, the judge sentenced Miranda to 20 years in prison. The case was appealed to the Supreme Court and the Supreme Court USA, finally overturned the district court's decision, the reason is the officer before the trial, no pre told Miranda should enjoy the right to remain silent and constitutional authority.

Contempt of procedural law is our tradition, in court, the defense program is almost no chance of success, the civil evidence rules even Supreme Court 2002 your promulgated, the court also abandoned, such as the time limit for adducing evidence.
"Frankly leniency, resist strict" is the main slogan we are familiar with, the slogan itself in the criminal suspect shall be a witness against himself, this forms a vicious circle in real life: "frankly the prison bottom do wear resistance, Pinpin Ann Ann." But it soon quit the stage of history, because the draft amendment of the criminal procedure law has established "shall not make the crime suspect proof" principle.

We apply the more cease to exist except in name. According to the court of the students said, the court's internal notification, appeal cases shall be commuted, needed to be leaders of the president signed by the above. The result is the nominal.

3 life seems more and more no bottom line,

As we are familiar with the Internet Post said: get up in the morning, opened the black heart cotton quilt, with carcinogenic toothpaste brushing your teeth, drink a cup of milk adulterated with melamine, washing powder Deep-Fried Dough Sticks eat fried sticks, plus an egg tonyred, at noon in the restaurant point of dichlorvos spray a disc using drainage oil fired, Chinese cabbage, poison Steamed Rice Sheng two bowls of aged grain boiled; night steamed a plate of clenbuterol raised die made of pork meat, with little hair blending poison sauce, clip two pieces by formalin soaked salad jellyfish, catch two add bleach to do the big Steamed buns, but also drink two cup of liquor rich in methanol. Finally sit and watch the CCTV news broadcast...... This is a Chinese happy day! although this terrible life does not focus on any particular person, but we who dare to say no to live in the shadow of food poisoning When the food and Drug Administration busy down milk powder of the national standards, when toxic food producers in the following revelations of just being a fine of 1000 yuan up, how can we not?

She Xianglin suffered similar cases occur frequently, how can we not? In January 20, 1994, Zhang Zaiyu and her husband She Xianglin quarrel and missing. In April the same year, the town, they found the body of a pond, after Zhang Zaiyu relatives to identify, was identified as Zhang Zaiyu, is detected by the relevant departments, age, symptoms, date of death and Zhang Zaiyu woman anastomosis. So She Xianglin by the public security organs as the key suspects, and by the court to voluntary manslaughter and sentenced to 15 years in prison. 11 years later in March 28, 2005, she wife Zhang Zaiyu suddenly go home. In April 13th, Jingshan County People's court re trial, convicted of She Xianglin innocence. She Xianglin after the sentence, the mother Yang Wuxiang posted around the posters and petition, in 1995 May was arrested, was closed for 9 months, out of blind and deaf, unable to walk, died three months later, only 54 years old.

When the police can make citizens housing will see passion of husband and wife restrain by law, when the groom in the police station because of "hide and seek" died, when owned housing can be demolition team in said of peaceful times. under violent demolitions, when Beijing attorney court bailiff wounded in Tianjin Nankai court by vertical case,When the Heilongjiang women lawyers by the bailiff beating abortion;When the criminal defense lawyer is not fit for a sentence, when people are enthusiastic about the help falls to the ground of the old lady was the court shall bear the liability for compensation, how can we not?

Lawyer 15 years, found himself more and more afraid of agency action. I always advise people not to, cannot but, not to engage in a lawsuit. I know both sides to engage in a lawsuit, it may cause destruction to both sides. The scenery here is splendid, the scenery here is very helpless. Procrastination, unjust judgment, judgment cannot be executed again is a harm to the party. Would you mind having a desire, there is a requirement of justice, litigation to try to win justice. When you the winning cases lose, when you win the case but cannot perform, the verdict is a legal program, you have suffered second strikes.

The passage of time, a blink of an eye, over the age of 40. Study and apply laws twenty years past, many sincere but naive already no longer, however a belief is more be too strong to break, that is the law should become the common belief of the people, without the rule of law is no Republic tomorrow. Aristotle said, "the rule of law should include two meanings: have laws to obey, and we have to obey the law itself should be good law". Today, we have the perfect legal system, then, is whether we can do it according to law, law, law breakers, this is a test of whether we are truly a country under the rule of law standards.

The Chinese historian Tang Degang, in its "reaching seventy years" in the "history of the Three Gorges" concept, caused the wide attention of the academic circles and recognition. They think: the Qin and Han Dynasties is the first transition China history, from the small territory and population state to the unified empire "". In the late Qing Dynasty, is the second big transformation Chinese history, desire to democracy from the empire. The first transition, is an independent internal transformation, automatics, a turn and then two thousand years. The second transition, "is forced, as dead as, and pain. We want to pass this terrible Three Gorges, roughly two hundred years. Since the beginning of 1840, we can in 2040 through the Three Gorges, enjoy his point be in smooth water, even if it is very lucky. If the history of a deviation, political and military possessed by the devil, the 'history of the Three Gorges' will go on indefinitely, then I national day did not do. But regardless of the length of time, 'history of Three Gorges' will have the day, this is the inevitable history. Then 'Hanyang distinctly Qingchuan trees, fragrant grass parrot island', we in cheers, can sail straight down, with The mighty river flows eastward. as boundless as the sea and sky, into the peace ocean."

All the students should be able to see this great moment, then, hope over seventy years of age I can see this day. Let's make it together.

Thank you.

 

                                            2012, 11, 6