Perform the obligation of legal aid, harmonious society

Perform the obligation of legal aid, harmonious society

-- Hutchison Liaoning Qingsong lawyer Wang Jinhai

Actively engaged in the work of legal aid, a lawyer's responsibility to help the weak fairness and justice. Therefore, as a paid professional, intellectual service lawyer, how in the pursuit of personal economic interests at the same time, actively engaged in the work of legal aid, legal knowledge they learned from bear a social responsibility, in the protection of vulnerable people's legitimate rights and interests, maintain and realize their own value conflicts in balance, treatment method, there is a certain representative Association of Liaoning Wang Jinhai law firm of lawyers in the legal aid and social welfare activities results, worthy of reference.

A,Legal aid to maintain people interest, dedication to prop up the sky

Legal aid is a major government system on the economic difficulties of the masses of the legitimate rights and interests. It is understood, at present in our city, the difficulties of the masses is average and annual request for legal aid and advice and migrant workers about 100000 people, and professional lawyers are the backbone of the legal aid work, their legal weapons to provide people to safeguard their rights, so as to provide an important guarantee for social harmony and stability. But as a lawyer, engaged in legal aid is not parties to the charges, also delayed his case, affect income, what is? Wang Jinhai's lawyer thinks, they are party members, we should give full play to their professional expertise to do something for society, actively engaged in the work of legal aid, let the weak through legal channels to safeguard their legitimate rights and interests, put an end to the extreme means to safeguard their rights, conducive to social harmony, to maintain the party's image in the mass is a good thing. According to the regulations, our city more than 2500 practicing lawyers per person per year to handle two legal aid cases, while Wang Jinhai lawyer for at least one year to undertake legal aid cases more than 10 pieces, is five times the other lawyer.

In January 11, 2008, Dalian civil anti pickpocketing organization - Dalian Falcon Fanpa team 9 players in Dalian shopping malls nearby anti pickpocketing, found a woman shouted "robbery", mistakenly believe that a man is a criminal suspect, the man with multiple fractures caused the arrest, after identification of minor injuries. In 2010 August, the procuratorate to the court to prosecute the crime of intentional injury, needs to be investigated for criminal responsibility Fanpa team. Because of pocketing players to do boldly what is righteous, the prosecution to prosecute the crime of intentional injury, many people do not understand, said, if the court adjudicates pocketing players guilty, to City Hall demonstrations. In 2010 September, Dalian City Legal Aid Center appointed Wang Jinhai lawyers for the defense lawyer Wang Jinhai obligations Fanpa team, actively to the masses and pocketing players publicize laws, affirmed the pocketing players do in the city of harmonious and stable contribution, but the accidental lead to innocent people hurt, shall bear the corresponding liability. Finally make pocketing players and the victim to reach a compensation agreement, the court for involvement in the beating victim pocketing players apply probation, calm the group events.

In 2011 March, Wang Jinhai lawyers from Dalian City Legal Aid Center commissioned, as a retarded to the employer for inductrial injury treatment agent, he is not in accordance with the past experience requests to terminate the labor relationship, to give a one-time inductrial injury treatment to the case, if it will lead to the laid-off workers, increase social instability factors. So he went to the employing units to do the work, to require the employer to terminate the labor relationship in no case, given the treatment of work-related injuries injured mentally disabled workers, finally successful, avoiding the occurrence of retarded due to win lawsuit and loss of work condition

In May 2, 2012, a teacher who lives in Ganjingzi District, driving a company truck traffic accident occurred in the delivery process, Master Zhang neck injury, paralysis of the lower limbs, has been hospitalized for 30 days, the company advance medical expenses 15 yuan. Master Zhang during the work, the unit did not like him to sign labor contract, work injury insurance did not pay for him, in the process of industrial process, the unit leadership suddenly changed a mouth, said Zhang master is not their units of the people. Because the master Zhang after the injury has been unable to work normally, the unit stop hair salary, life is very difficult, can not afford a lawyer to help their case, once the idea of suicide. He have a try in the idea came to Dalian City Legal Aid Center, audited, Master Zhang eligible for legal aid lawyer, appointed Wang Jinhai as his agent, the prosecution to the court, asked to confirm the master Zhang and a company of labor relations. In court proceedings, the judge asked why Zhang master unit for paid more than 15 yuan medical time-consuming, a corporate lawyer said is purely moral. Wang Jinhai's lawyer thinks, if master Zhang is not a company's employees, a company has no obligation to pay for his more than 15 yuan for medical expenses, the moral behavior is far more than the range, the Court adopted the agency comments Wang Jinhai lawyer, judge Master Zhang and a company of labor relations. Now, Mr. Zhang has been successfully identified as work-related injuries.

Sun is the Pulandian person, in February last year, he was employed in a building materials company when the driver, 4000 yuan monthly salary. The unit has not signed the labor contract with him, they gave him no pay insurance. Last July 16th morning, he in the loading when he fell off his bike, left leg fracture. The boss sent him to the Fifth People's Hospital of Dalian City hospital treatment, internal fixation operation, for him that night, the boss came to his bedside, said to sign a labor contract and agreement, such medical expenses can be through the insurance treatment, sun had just after the operation, the left leg is very painful, plus the weather is very hot, taking into account the boss pay all the medical expenses for him, he did not see, in the labor contract and a copy of the signed agreement. The main contents of the agreement is: Sun injury has nothing to do with the unit, the boss from the moral, loan to give him 20000 yuan for medical treatment, the sun after the injury, to the unit to work. Sun is guaranteed not to suit, with units lie, if the sun in violation of the agreement, to double the return of the borrowing costs. To see this agreement, many lawyers think, sun lawsuit win, sun dropped the lawsuit idea, ready to take notes to find the boss perish together. Sun's daughter from Dalian City Assistance Center Web site to understand, migrant workers can choose their own lawyers in litigation assistance online, then to the legal aid center to make the phone call, request to arrange Wang Jinhai lawyers aid. Assistance center after examination, Xiao Sun conditions aid conditions, follow the sun will, appointed lawyer Wang Jinhai as his agent, to the labor arbitration committee for arbitration in Shahekou District, confirm the sun is injured, there is a unit of labor relations and. Wang Jinhai lawyers accept agent tasks, many times to the sun work unit of the investigation, we have grasped the first material, effectively refuted allegations of a company, recently, ruling Labor Arbitration, that sun is injured, there is a unit of labor relations and.

Wang Jinhai lawyers say, legal aid cases, vulnerable people less evidence of a master, not the professional lawyer help is difficult to win. Legal aid lawyers may not charge, but in the proxy process than fee cases carefully, because your face is the vulnerable groups, they through legal channel not violent or self mutilation means a way for wages, inductrial injury treatment and maintenance fees, they note the government special trust, the legal respect especially, his never put things they entrusted to "hit", we must help them to use legal weapons to protect their interests, showing social justice, promote social harmony.

Two,Learning to understand legal education, popularization of Pu Ji spectrum harmony

Wang Jinhai lawyer, continuous represented several minor cases. He found, family, school and society environment on middle school students' knowledge study on very tight, but the cultivation of their moral and legal consciousness is almost a blank, exists in the society with some selfish utilitarian thought gradually into the campus, resulting in some high school students for their own benefit can use unscrupulous divisive tactics, even go on the road of crime.

"The case, there are two students because there is no money to steal the instrument box 200000 yuan worth of communication equipment was sentenced to 8 years; six middle school students to help students fighting because seek to prevail over others lead to a seriously injured, was sentenced to one year; a male classmate classmate female classmates photos posted on the Internet the students, mental disorders, was sentenced to compensation and so on, a lot of students because of ignorance of the law to do illegal things, get legal sanctions, can affect not only school, but also affects the student's future." Lawyer Wang Jinhai realized, must let students know, more high school students in order to stay away from the crime. Sixth school of Dalian City, he first came to the nearby units, active request to the classroom for students to speak a legal course, combined with their own for minors, theft, robbery, intentional injury case, gave the students a vivid, intuitive legal department. Didn't expect the students listened to the lecture, the response was very strong. See legal lecture so popular, lawyer Wang Jinhai insisted on five afternoons a week to the middle school compulsory law.

This summer, Wang Jinhai lawyers and synergy of two female police traffic police brigade of Xigang District, in the Datong primary school organized the "youth, legal escort, summer safety education activities into the campus security law" as the theme of the. On a lively legal safety education for more than 100 of the school's students. Wang Jinhai lawyers said, every holiday, will have some students are bruised, scraped the traffic accident, if I make a safety education for the students, the unexpected and tragic entirely possible to avoid, this is also the purpose of safety education activities. The past is a lawyer, now with the traffic police cooperation, entertaining, this form of the students are very welcome, improves the activity of interest. After the activity, the students in the "young growth, legal escort, security law into the campus" activities of the long range of serious signature, have said, the holidays have to Caution!, Shangjie must walk the zebra crossing, speak civilization by bus, alone to raise vigilance at home, don't ask students to go outing, let father mom assured, let the teacher worry.

According to incomplete statistics, nearly five years he has been to the city of more than 100 school compulsory law popularization, the audience of more than 3 people. Many schools to write a letter of thanks, said Wang Jinhai lawyer law, has a great impact on students, school spirit and campus order has markedly improved.

Common problem three, the case study, positive for the government to offer advice and suggestions

The law is a kind of perfect practice. UN High Temple is concerned about the people, and not in the "temple on the" Wang Jinhai law, do not blindly pursue money as their "mission", trying to use their own knowledge, in the civil participation, in-depth study of common problems encountered by the masses, positive for the government to offer advice and suggestions.

In recent years, Wang Jinhai's lawyer has to the National People's Congress, the State Council, Dalian City Hall advice and suggestions, get the attention of the relevant departments, most were adopted and resolved. The eleven meeting of the nineteenth NPC Standing Committee voted through the "criminal law amendment (eight)", which increases the "drive a motorized vehicle on the road racing, if the case is serious, or in the way of drunken driving motor, detention, and shall also be fined" clause. Many people may think, behind "wine driving into the punishment" legislation, and Wang Jinhai law. By the end of 2009, Wang Jinhai lawyers in ten pile by drunk driving accident case of torture, made a surprising move -- he submitted to the NPC proposal, request to amend the "criminal law", increased "drinking, drunk driving motor vehicle crime," the drunk driving into the punishment. More than a year later, when the "drunk driving into the punishment" clause finally agreed, lawyer Wang Jinhai very happy, "I think, although the punishment heavier, but basically in accordance with the principles of criminal law crime, punishment, drunken driving behavior is a powerful deterrent."

In addition to the recommended "drunk driving into the punishment", he also in 2011 November petitioned the Legislative Affairs Office of the State Council, proposed to increase the students enjoy the industrial injury insurance treatment in practice, in order to solve the college students were injured in practice, schools and internship units are not willing to compensate the embarrassing situation. Last year, he was writing a letter to the Legal Affairs Office of City Hall Dalian, the request to amend the work-related injury insurance disability assistive devices and improve the standard list of claims, get the attention of the relevant departments, relevant standards amendment is currently investigation.

Wang Jinhai lawyers said: "as a legal person, the country is in rapid development of reform and opening up this special historical period, should actively take the social responsibility. Each industry standard operation, benign development all need system, rules, law is one of the process of the establishment of the system in the best role: lawyers trained professional legal training, legal knowledge skill, have the system of state organs in operation, participation in the program and the ways of understanding; advocating democracy and the rule of law nature, the basic quality of respect and know the law, lawyers decided to promote the innovation of the system, the rule of law in the field of politics can do. The lawyer contact object relates to organs, enterprises, institutions, social groups and other criminal suspects, all social classes, the lawyer has a profound and extensive understanding of the social contradiction; law knowledge level is high, with a lofty sense of the rule of law, understand the bottom of society people sufferings, familiar with China's legal system and judicial procedures, have according to law, justice idea." However, in the present circumstances, the lawyer system decided at the same time bear the social responsibility must choose to pay, but as a party lawyer, he must do, but also do a good job.

Wang Jinhai lawyers have also ushered in the lucrative returns, has been the Dalian City Bar Association Committee awarded the outstanding communist party member, is Dalian municipal judicial bureau Party committee awarded the outstanding communist party member, was awarded the "advanced individual of Dalian City Hall five five law popularization," the glorious title.

 

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