My lawyer Road

I53We started practicing law at the age of.

The smell of the people, to the world of worry, in order to judicial justice and four Hai Wen, for equality of subject dare for the world first is a practicing my concept.

    12Years of hard,16Year military career,15Years prosecutors experience, occupied the prime time of my life.

　  1987Years, an accidental opportunity, not out of office door, I help relatives won a sue, Sue, all the different lawsuit appeals. It gave me a surprise, that he still has a bit "lawyer cells".

1988Years,47Years old, participated in the first national lawyer qualification examination to the public, on average every roll70The excellent results which has obtained the qualification of lawyer, criminal law and criminal procedural law papers won97Divided, No. 1,47Years old"Number one scholar".

I have a strong personality, sense of self, is a lawyer, in lawyer business will be more can play self, self-expression.

1994Years5Month,53Years old, approaching retirement, resigned from the Shandong province Xintai City People's Procuratorate Deputy procurator general, do a practicing lawyer, embarked on the road of self struggle. And began to practice law firm in Shandong third.1995Years12Month, I as a sponsor, the formation of the Tai'an civilian law firm.1999Years5Month changed its name to Shandong Huaxia civilian law firm.

2004Years2Month,63Years old, will be the headquarters from Shandong province Xintai city moved to Qingdao city. Legal services from the mainland into the coastal open city.

2006Years4Month,65Years old, the relocation of the headquarters of Beijing, changed its name to Beijing City heard the law firm, the famous jurist professor Jiang Ping for the title, director, procedural law research center of national famous criminal procedure law expert Professor Fan Chongyi served as honorary director, and the inscription. Hired professor Jiang Ping, Professor Ma Huaide, Professor Pan Chongyi, Professor Yang Lixin, Professor Chen Guiming, Professor Xu Zhongqi and other famous jurist as senior advisor, composed of expert advisory group, to ensure high level, high quality legal services.

I created the emblem, the flag, the training, the lawyer oath of unique cultural, formulated the "strength brand, quality cast brand, typical bright brand, system brand" brand guidelines, the pursuit of "brand law, build the country name" target, to win social reputation. Shandong has been rated as Xintai city civilization service model, excellent lawyer, Tai'an City, Qingdao City, advanced workers, the judicial system of Shandong Province excellent lawyer.2005Years10Month, by the Justice Department and CCTV as the six set of documentary "national important industry model selected jointly produced Chinese lawyer".

I rely on self-study a solid legal basis and in the Procuratorate15Years of investigation supervision and judicial supervision experience, make innocent defense become my strengths, and explore summed up the marking "penetrating" investigation ", dig three feet", defend basic defense "flame three Zhangs".13Years, I accept all kinds of criminal cases160Pieces, for17Defendants pleaded not guilty to success3"Death" for life. Appeals directly to or remand the case for retrial after the commute or withdraw the case22Piece.

2002Years8Month, I personally handle10A representative of the innocence of successful case, to explore the tendency, the regularity of things from the combination of case law and the "innocent", wrote a book.2003Years8Month, was elected to the national litigation law library,2004Years2Monthly published in Beijing, the inscription Deputy justice minister Comrade Duan Zhengkun: "the chest has the healthy body without obsequiousness speak boldly in defense of justice rights law--He lawyer Cao Bingzeng "innocence" published". The famous criminal law experts, the National Humanities and social science research base--Professor Fan Chongyi director of procedural law research center of evaluation in the book: "General Preface" innocence "is the study of how in the current system environment for criminal defense effectiveness maximization of a monograph", "book fully reflects a legal practitioners to realize our country criminal law responsibility and warmly look forward to, has important theoretical value and practical significance to promote China's criminal defense out of the trough and justification of criminal justice in china." Beijing, Tianjin, Guangzhou, Shanghai, Nanjing, Kunming, Fuzhou and throughout the country readers send a letter in succession, praise us, "innocence" is a Book Chinese lawyer pride, hope to see more innocent plead the case.

In order to worthy leadership of the care and encouragement, meet the requirements of readers, I summarized personally handle10Innocence defense case, compiled into a book. In each case the crown "characteristics" title, "the introduction" by "defense" ideas "innocence" words "relevant information" "analysis" is composed of five parts, based on the reason of occupation, the main highlight a plea of not guilty, accounted for more than 3/4 of the book. I know the innocent words successful lawyer "crown", can give counsel to bring glory to the parties, surprise, so I strain every nerve to write every piece of innocent words.

The book10A case of innocent defense opinions, including4An example is adopted, the defendant was acquitted of the crime or the prosecution case is revoked6Cases of innocence opinion is not accepted, but I'm on the defender's point of view, from the combination of evidence and legal on comprehensive analysis, I think the party is supposed to be innocent. Therefore,I will be theThe book named "the innocent".

The book case7"This should not guilty". Dong Jin and corruption problems10Million yuan, the prosecutor has to5Witness investigation38Time. Prosecution"Withdrawal of prosecution"Lodge a protest"Decided not to prosecute"To revoke the decision not to initiate a prosecution"Decided to sue"To withdraw the prosecution"To initiate a public prosecution......10More times. The trial court ignored the lawyer pleaded not guilty, has made4A guilty verdict. The court of second instance is successively3Second order to cancel the guilty verdict, remand the case for retrial. But in the4A second, no new evidence in the case, but to keep the court of first instance article4A guilty verdict of the.

The book case8"No injury causes of intentional injury case", the prosecutor accused the defendant Han Xuedong "boxing" induced "victim" lip "penetrating wound" constitute a minor injury. A year of time, from the grass-roots public security to the Supreme People's court, has6Make a forensic departments6A forensic conclusion. Shandong Jin Jian judicial identification center and the Supreme People's Court Judicial Identification Center made "boxing to form the" judicial appraisal conclusion, "the statement of charges" and the public prosecutor "boxing", to "penetrating wound" lip authoritatively denied, the correct treatment results, should be false charges, the prosecution to withdraw the prosecution or the court of first instance to the criminal facts unclear, insufficient evidence, declare the innocence of the defendant. But the trial will not adopt lawyer pleaded not guilty, the appraisal conclusion injury methods six appraisal departments including the Supreme People's court forensic center "are inadmissible decision", Han Xuedong committed the crime of intentional injury, sentenced to one year in prison, probation a year. The defendant after the appeal, the second instance ruling upheld, the case became Chinese criminal case history with no injury causes the bizarre "mayhem" case.

The book case5"Investigators a pole inserted in the end to support the prosecution of corruption cases, case"6"Should not doubt the death sentence," case9"The defendant is not 'hazardous' illegal storage of hazardous substances" case, the defendant may have been the final judgment of guilty, and some have been executed, but I have the evidence and reason to believe they are innocent, still as they struggled to appeal, the rest of one's life for them in my make a statement. Fully believe that the Republic of sacred law and justice of the court, will they also a clean.

Need of special note is, case1"Suspected innocence, three years' death 'access to state compensation", although I have been "innocence" in one book on the tail part, namely the tenth chapter, but2004Years2Months after publication, the relevant judicial authorities to the media that "non prosecution", so that the case has been a mystery. National many letters from readers, the caller asked: "non prosecution" is innocent of the crime? "Open" or "save"? "Non prosecution" should also be applied for compensation? The case has no below? In the readers mind into a suspense.

2004Years6Month7DayShandong Province, the higher people's court decision of compensation, the organ liable for compensation by the Tai'an City Intermediate People's Court of Shandong province and Tai'an City People's Procuratorate jointly liable for Bi Yanxiang63872.06Yuan, compensation has been all too pay Bi Yan phase, the case has a perfect finish. This case is embodied in our criminal procedure "presumption of innocence" and "no punishment in doubt case" litigation principle paradigm,2005Years11In August, six episode documentary "has been selected into the joint production department of justice and the CCTV Chinese lawyer" second set "to punish justice". I think it necessary to book income. So the increase of "compensation decisions," Bi Yanxiang wrote in the "thinking" and in the court of first instance of the "statement" and other related documents, and the structure of the large adjustment, put in the first part of this book.

Innocence, some people feel "dazzling", sounds like "harsh", but I think is not wrong, as long as there is sufficient evidence to prove the criminal suspect, the defendant not guilty or no sufficient evidence to prove that he is guilty, he should stick to defend. The lawyer pleaded not guilty never "hit", in some case, the lawyer pleaded not guilty, the court also sentenced to death. Foreign major suit lawyers defend opinions may not one hundred percent be adopted.

From the professional character, occupation morals, lawyers, lawyers can not "center", nor "center", lawyers must "one-sided", as long as there is the possibility of innocence, we must adhere to the principle of innocence, not with certainty to plead not guilty. Although innocent defense success probability is low, the risk is very big, but must not afraid of risk, dare to defense, and strive to the innocence of the defendant's plea possibility into reality, I pleaded not guilty cases success rate in more than seventy percent. Already mentioned Bi Yanxiang homicide, the defendant is in the first communication, will take the initiative to confess to xiesifen, "hit the crime Zhu Hong head number" iron. In jail he wrote "thinking" "deep remorse," feel "commit the most heinous crimes"; in court, he was sincere repentance, "the government of my serious processing is fair", "begged the government to give the opportunity for a" do over". He was commissioned lawyers also made Bi Yanxiang's "behavior is intentional injury crime (lethal), not intentional homicide", "the defense request lighter punishment". Cao Jun and I are lawyers entrusted, they found many doubts, strange, that is a mystery, suspected crime should never have pleaded not guilty, the likelihood of success, must according to "suspected" pleaded not guilty. We are not afraid of libel, framed, adhere to two years, the ultimate success of.

According to China's criminal procedure law the thirty-fifth regulation, defense lawyers can only "materials and opinions proving criminal suspects, defendants not guilty, a mitigated punishment or exemption from criminal responsibility, criminal suspects, defendants, safeguard the legitimate rights and interests". The book case6"No doubt, should be sentenced to death", Peng Wei is accused of intentional homicide, a second instance trial, defense lawyers have no direct evidence that Zhang Tingzhi died, Peng Wei, indirect evidence form does not prove the evidence against Peng Wei chain. The first trial adoption of three groups30Copies of the evidence, the first group is "many find the places of evidence"; second is "from Peng Wei2002Years10Month16Day12When the17The beginning of the continuous call Zhang Ting about to consultation center; third group is the "evidence" of Peng Wei has a motive for the crime evidence ", but there is no proof that Peng Wei killed Zhang Ting's evidence. There is no direct evidence, indirect evidence also did not form a chain of evidence. The first trial has adopted many illegal evidence. Although Peng Wei has been in2003Years11Month26The day was executed, but Cao Jun and I are lawyers that the case questionable, contradictions more, suspected crime should be no doubt, should not be sentenced to death. The execution procedure should be civilized, humanization, defense lawyers and the relatives of the right to know should not be deprived of.

For Peng Wei was to intentional homicide sentenced to death and death in question,2003Years12Month, I wrote "suspected crimes should not be sentenced to death, the execution procedure should be civilized, humanization--About the Peng Wei murder case report and legislative reform suggestions ", wrote to the National People's Congress Standing Committee, suggested that" will be back to the Supreme People's court "the approval right of death penalty criminals, defense lawyers and relatives of the" death penalty shall have the right to know ", caused the high attention of the relevant departments and.

In this book, in some cases in the country had great influence, CCTV, "people's Daily", "Legal Daily" and other news media have made report.

Comparison for the convenience of the reader, I will each case "charges" "defense" "referee" and other relevant information are included in the book, and added "analysis of comments". Charge, please expert judgment, leaving future generations review, let history inspection.

This is my book's purpose.

Two00In October seven, Beijing