Is not the light criminal defense lawyer has a risk, for civil cases have the same risk. Forgery, fraud litigation can also send us. Normative documents, the Zhejiang high court earlier issued a false action of these years, we have so often experienced the false lawsuit, false seal. In this case, a wake up on each law, sound the alarm bell! "He Huiqiang said, he was very clear in false action consequences."

The lawyer falsify evidence in civil litigation is a heavy sentence3Year and a half

                                Zhejiang Online2011-07-01 13:02:45

    According to "today's Morning Post" reported on June 3rd morning, judge, lawyer He Huiqiang was sentenced to 3 and a half years. The results that the presence of many observers terrified. Because in the Chongqing campaign, initiated a national concern Beijing lawyer Li Zhuang is suspected of false evidence, prejudice to testify, the final was sentenced to 1 and a half years.
He Huiqiang is the second involved in the hamper testify crimes charges new entrants to the lawyer, caused great shock in the industry. He and Mr. Zheng last year due to the independent office the first case was Xingju the "trouble", once again aroused attention to young lawyers group survival state.
　　                                  Divorce pull-out perjury lawyer
The morning of June 3rd, the Jianggan District court of Criminal Court Building 5 large All seats are occupied., many observers is the bar staff and lawyers, all of them looked solemn.
After 9, 4 defendants were a courtroom, respectively is Chen Haidong, Chen Haidong's father, Chen Haidong's father's old friend Shen Jianming, and attorney He Huiqiang.
In 2006 Chen Haidong married in February, a 3 year old half son. By the end of 2008, the couple Naoqi a divorce. They have a house in Yuhang city of East China Sea water, Shoufu 200000 yuan all his father's money, registered in his wife's name and, before the divorce is father to 400000 yuan Wei full payment.
Chen Haidong's father is not willing to divorce daughter-in-law to pay to buy the house, it through a friend to find He Huiqiang help.
"No problem, things on me." He Huiqiang without demur on this thing, and let the other recommended a trustworthy person.
Soon, Chen Haidong's father to pull a friend Shen Jianming, and He Huiqiang dinner interview on the two floor of a hotel in Linping, Shen Jian Ming promised to help. Next, Shen Jianming signed a bill He Huiqiang forged, IOUs told the Chen Haidong owed Shen Jianming 800000 dollars.
Shen Jianming said yesterday in the court, he was ever put forward will not out of things, Chen Haidong's father said. Because the lawyer was present, but said He Huiqiang to sign on the line, due to many years of friendship, Shen Jianming promised.
Until February 4th of this year was detained by police, Shen Jianming just know oneself in disorderly fashion to breaking the law.
The original divorce a wife be startled at court, Chen Haidong, registered in the name of the East China Sea she and Chen Haidong Shui Jingcheng house was seized, ready for auction for about 800000 yuan debt repayment under Shen Jianming Chen Haidong. All this she did not know, so the police.
Police intervened to help Chen Haidong and his son He Huiqiang out ideas, please Shen Jianming holding a forged IOUs to sue Chen Haidong, to transfer property.
"Shen Jianming lawyers and apply to the court for compulsory execution costs are from me." Chen Haidong's father said in court, attorney fees, a total of 5000 yuan.
　　                          Asked whether he regretted, in crying
The defendant He Huiqiang on the bench, nose on a pair of glasses, looks very gentle. He was born in 1982 January, she graduated from the law, the former is a practicing lawyer in a law firm.
"I was confused." He Huiqiang a face of regret. When his defense lawyer asked whether love attorney this occupation, the original has been the sound pressure is relatively low and where Huiqiang suddenly raised his voice, that he "loves" the occupation.
He Huiqiang said, he took the test 3 times, just pass the judicial examination in 2008, July obtained a lawyer's license, the independent practice only 1 years time. He is very cherish this occupation.
Defense lawyer continue to ask: "when that happened, you regret it?"
Has been relatively quiet He Huiqiang suddenly to cry: "I regret, hope that other peers can draw a lesson from me."
"They (referring to Chen Haidong father and son) has not promised to give other expenses."
He Huiqiang said, he was very clear in false action consequences. So, why he risked their occupation career and prison risk involved in false litigation?
He Huiqiang said, he started soon, the business volume is small, the wife does not work, there are children. When Chen Haidong and his son to find him, he did not consider so much, 5000 yuan lawyer fees in a principal-agent contract, all over the place. "I just want to express myself." He Huiqiang choked road.
He Huiqiang's lawyer said, from more than 10 years, his first in a criminal case for peer advocacy, and feel sad and regret. In his opinion, He Huiqiang will be thirty years of age, the successful, but because the experience is not enough, do not adjust their own state of mind, it becomes now the bitter fruit.
Yesterday afternoon, the reporter understands, He Huiqiang's law firm in Yuhang, is the first local law firms, but the scale is not large, only 11 people, including practice attorney 3, attorney assistant 1, administrative personnel 1, the lawyer He Huiqiang personal description is a blank. His colleague, He Huiqiang usually showed that do not want to make too many evaluation.
It is understood, including providing false evidence, concealing important facts or threatening, luring others to provide false evidence, concealing important facts, according to the relevant provisions of "lawyer law", criminal punishment for an intentional crime, the lawyer's practicing certificate shall be revoked, and a lifelong ban in the legal profession.
Reporter surveyLawyer: a bright hidden behind the bitter
　　                           "After 80" successful lawyer secret industry insider
In February 16th of last year, and Zheng lawyer He Huiqiang age for alleged obstruction of witnessing is under the district procuratorate prosecution according to law. This put him down. He became a lawyer, the first case of independent attempts.
Zheng lawyers accused of robbery trial, in collusion with the victim. After the efforts of all parties, Mr. Zheng testify. Although established, but be exempted from criminal punishment. In August 10, 2009, by the Hangzhou Municipal Bureau of justice to stop the practice of administrative punishment for a year. Zheng lawyers retained lawyers jobs, but is still in the "wall" state.
　　                       Just join the lawyer income is low and unstable
Mention lawyer occupation, it is easy to put it in the movie and in Western dress and leather shoes, graceful bearing, write and draw freely as one wishes in court image equated. But in the L (a pseudonym) lawyer's eyes, quite a part of law, especially the entry-level lawyer are mostly in the living state.
A new starting point for the Hangzhou training school every year to participate in judicial personnel of about 60% pass rate. The school Luo president in recent years to 80 by judicial personnel of the tracking statistics, found that only about half the choice of adhering to the lawyer occupation road.
Our headmaster told reporters, a considerable number of people through the judicial examination, because of fears that started missing case, income is low and unstable, plus peer competition, so I chose to beat a retreat, and the civil service examination into the court, procuratorate or into the enterprise law consultant, this relatively stable.
　　                         Come from bitter after
L law is "80", in the age of lawyers is very good, is currently serving a top law firms in Hangzhou, due to business ability, has been named the Hangzhou young lawyers star, participated in the competition law prosecutors also awards, and often appear in newspapers and on television.
Speaking of that year to the bitter, lawyers familiar with L. He said the first step toward a lawyer is known as the best in all the land of the national judicial examination. Not be admitted to graduate that year, because get graduation certificate to register. The examination once a year, per capita Basic test to three years, and the average passing rate is 10 percent. The examination staff economic and psychological pressure is very great.
Through the examination, must enter the law firm internship year. L said the lawyer, in limited today, internships are also not easy to obtain, and the income is very low, probably in the 500-2000 yuan, not five social insurance and one housing fund, no welfare and subsidies.
One year after the expiry of independence, nor even that wages, pay management fees to the firm, every year to pay to the lawyer association high registration fees. A case can make a profit, but the lawyer's occupation characteristics so that people will not easily to hire a lawyer for a beginning.
"There is a saying in the legal profession, is 20% to 30% lawyers control 70% to 80% lawyers industry revenue, so just join the lawyer to step by step to gain a firm foothold." L said the lawyer, such difficult early practice, the average take 5 years, can be a breakthrough in business, grow into a real income rich bright dazzling lawyer.
　　                                Some advice for the successor
L law according to their own experience, to the later people put a few tips.
First of all, before selecting the lawyers Road, should be fully aware of the industry, leading to the bright and success will go through a period of confusing.
Secondly, the entry firm choice is also the key. The general law firm, is loose individual lawyer alliance. In this institute, led the "strength and character master", will have a significant impact on your lawyer road. Lawyer assistant in the class, often because of the lack of motion and the constraints of life. But if it can gain a foothold, eager to learn, can cultivate himself become a personal combat ability of "Reggie" lawyer.
Another firm management enterprise internal imitation, execute specialization division. This is suitable for junior lawyers, at least in the debut a few years will not appear "food and clothing".
Furthermore, do not always want to money. Think of money, the final will be no money, do not want money, naturally very rich. The money is your struggle result, not because of your struggle. Lawyer profession is essentially belongs to the service industry, loyalty, diligence, preciseness, is your greatest wealth.
Finally, in any case must at all costs to occupation and occupation moral rules, abide by the law to a safe landing.
　　                            Young lawyers to protect growth
In mid December last year, the province Lawyers Association announced in the Chinese lawyer system restored the 30 anniversary of data display, our province lawyer industry has made rapid development, the province has a law firm 782, 8041 practicing lawyers, lawyers ratio is 1.59 per million people. At present, each week has the birth of law firms and lawyers to join the new, many of them young lawyers.
For the growth of young lawyers, the relevant government departments and lawyers association has been highly concerned. 2005, the Hangzhou municipal regulations, new lawyer first year annual fee free, second years halved charge, from the beginning of 2006, the Hangzhou Municipal Committee of the Communist Youth League began to organize the young lawyer Sharon, and to "young lawyers how to expand the business" as the theme, composed of senior lawyers from young lawyers perspective, one by one to interact young lawyer occupation career planning, professional orientation, practice skills, marketing means, deepen the service, self perfection and other aspects of the problem.
Now is the provincial Lawyers Association Zhang Jingzhong attended many young lawyers salon, 2006 as president of the Hangzhou Lawyers Association Zhang Jingzhong in answer to how to ensure the continuous input of fresh blood that lawyer industry, industry association, a very important function is to maintain the rights of lawyer industry, build the platform for the lawyer to grow. The lawyer industry to sustainable development, the future depends on young lawyers, so the importance of youth is pay attention to the future, hand in hand with young lawyers is hand lawyer industry in the future.
The bar association level, Zhang Jingzhong said to create atmosphere, let the whole industry to pay attention to young lawyers, solve the young lawyers, survival talent dilemma; in addition to annual fee waiver, free of continuing education training costs and other measures, has also established a "young lawyers training fund", mainly used to support young lawyers to study.
It is understood, from 2006 onwards, Hangzhou City Hall annual transfer of 60 ~ 1000000 yuan of special funds for industry personnel training, and these funds most will be used for young lawyers.

 

             The Zhejiang Provincial Higher People's court opinions about preventing and investigating false litigation in civil adjudication

　　              (the Zhejiang Provincial Higher People's Court Judicial Committee 2008Years11Month18Daily article2067Meeting of the)

    In order to prevent and punish false lawsuits, promoting litigation honesty, guarantee the normal activities of civil litigation, safeguard judicial authority, in accordance with the provisions of relevant laws and judicial interpretations, combine me the province is actual, make this opinion.

    Article 1 False litigation refers to the views of all parties to a civil action, is a malicious collusion, take up legal relationship, fabricated the facts of the case method to bring a civil action, or by the notary documents false arbitration award, for execution, the court made a wrong judgment or execution, to obtain illegal behavior of interests.

    Article second The following case, should pay particular attention to the trial:

(a) the folk lending case;

(two) cases of divorce party for the defendant's property dispute case;

(three) has a negative value of enterprises, other organizations, natural and man-made defendant property dispute case;

(four) restructuring of state-owned, collective enterprises for the defendant's property dispute case;

(five) the natural person the divisions within the household division as subject, inheritance, the sale of housing contract dispute cases;

(six) cases involving well-known trademark recognition.

Article third Any of the following circumstances in the proceedings, the judicial personnel shall carefully review, prevent false litigation:

(a) the facts, grounds for prosecution counterintuitive, evidence for the presence of forgery may;

(two) if the party concerned refuses to appear in court in the proceedings without justified reasons, the entrusted agent of the facts of the case statement is not clear;

(three) the plaintiff and defendant, cooperate tacit understanding, there is no substantive plea against;

(four) the mediation agreement easy;

(five) there are other abnormalities in litigation.

    Article fourth The court should in the filed of the hall or the people's court case window ban false litigation notice, to lead the party integrity action.

Article fifth There is a false litigation suspected cases, the judges shall report to the president, the president immediately, and the case shall be recorded abnormal conditions attached, to warn each link in the trial.

Article Sixth The false lawsuit suspected cases, the court may take the following measures in the process of trial:

(a) to summon the parties to take part in the proceedings;

(two) inform the parties to submit the original evidence;

(three) require the witness to testify;

(four) to the interested parties informed of the situation, and notify them to take part in the proceedings;

(five) according to the authority of investigation and evidence collection;

(six) invited the relevant departments, grass-roots organizations in the examination of the mediation agreement;

(seven) other measures can be taken in accordance with the law.

Article seventh The debt dispute case, the court shall strictly examine the debt produces time, place, reason, purpose, payment, contract and the creditor and the debtor's economic condition.

Article eighth The false lawsuit suspected case, the court shall summon the litigants in court.

The plaintiff refuses to appear in court without justified reasons, the court or midway without permission by the court, may deal with it as a case.

If the defendant refuses to appear in court without justified reasons, in accordance with the "Regulations of PRC Civil Procedure Law" article 100th shall summon.

Article ninth The false lawsuit suspected cases, court shall notify the parties to submit the original evidence or witnesses to testify in court, a party concerned refuses to submit the original evidence, or the witness refuses to testify in court, the people's court according to law the parties that the lack of evidence. 

Article tenth The false lawsuit suspected cases, civil litigation agent entrusted by the parties, should be strictly in accordance with the "Zhejiang Province Higher People's Court of Zhejiang Provincial Department of justice norms on certain provisions of civil administrative litigation activities agent in accordance with the law(Trial)"Executive.

Article eleventh Interested outsiders and false litigation case, can put forward to apply to the court for retrial.

Article twelfth After examination and confirmation of the false litigation cases, effective judgment or civil mediation has been made, the people's court shall cancel the effective judgment or civil mediation in accordance with legal procedures, and reject.

Article thirteenth The false lawsuit suspected cases, party applies for the withdrawal of the suit, the court may approve; after examination and confirmation of the false litigation cases, the party applies for the withdrawal of the suit, the court shall not permit.

Article fourteenth To participate in the relevant personnel to create false litigation case, in accordance with the "Regulations of the people's Republic of China Civil Procedure Law", according to the seriousness of the circumstances, shall be admonished, fines, detention; constitutes a crime, shall be investigated for criminal responsibility according to law.

　　To participate in making a false litigation lawyer, should also put forward the proposal to the relevant judicial administrative organs in accordance with the relevant provisions of law, "" the people's Republic of China shall revoke the lawyer practicing license.

To participate in the trial manufacture of false lawsuits, the Supreme People's court shall be in accordance with the "people's court judges illegal judicial accountability approach (Trial)" and "the people's court disciplinary measures (Trial)" and "Zhejiang Provincial Higher People's Court about the regulations of" case supervision serious processing. 

Article fifteenth The units and individuals to report false lawsuit, verified, should be rewarded.

To prevent and punish the judicial personnel to highlight the achievements of the false litigation case, should be commended.

Article sixteenth The people's courts at all levels found false lawsuit, should be informed in the range, and the Provincial Higher People's court step by step.

Article seventeenth The comments by the Zhejiang Provincial Higher People's court trial committee is responsible for the interpretation of.

Article eighteenth The opinions shall be implemented as of the date of publication. 

                         The Zhejiang Provincial Higher People's court

                            Zhejiang Provincial People's Procuratorate

         "Guiding opinions on handling the criminal case of false litigation law"

 The people's Procuratorate, the people's court at all levels of the province:

The Zhejiang Provincial Higher People's court, the people's Procuratorate of Zhejiang province "for false litigation of criminal case law applicable to guidance" issued to you, please follow. In the implementation process in the new situation, new problems, please report to the provincial high court, procuratorate.

 　　　　　　　　　　　　　　　　　　　　　　　　    Two July 7th 2010

 In order to maintain the normal order of the judicial and social management order, protection of citizens and other social organizations of the legitimate rights and interests, the punishment of false litigation criminal activities in accordance with the law, according to the relevant provisions of the criminal law, the criminal cases for false litigation put forward the following opinions:

A false litigation, criminal refers to cheat people's court judgments, malicious collusion, fictional facts, forges evidence, filed a lawsuit to the people's court to constitute a crime behavior. The people's court judgments include judgment, mediation, ruling, decision.

Two, in order to make false allegations, or false litigation process, instigate others to provide false evidence, documentary evidence, testimony, statements, such as identification of the conclusions of perjury, or by letting in the forgery, respectively, in accordance with article 307th of the criminal law the crime of obstruction of evidence, to help destroy or falsify evidence, the crime.

Three, in the fictional facts, forges evidence process, forged, altered, theft, robbery, sale or destruction of official documents, certificates, seals, or fake companies, enterprises, institutions, people's organizations seal, or forged, altered identity cards, respectively, in accordance with article 280th of the criminal law, the sale of counterfeit, altered official documents, certificates, seals, theft, robbery, destruction of official documents, certificates, seals, fake companies, enterprises, institutions, people's organizations of seals, forged, altered identity card crimes.

 Four, in order to avoid the people's court documents, false litigation, obtaining, transfer of property, in accordance with article 313rd of the criminal law of the crime of refusing to implement the judgment, order processing.

　　 Five, for the transfer of more common property owned property, escape, or common debts, false action, in accordance with the provisions of the views of second, three.

　　 Six, for the purpose of illegal possession, false litigation, obtaining public and private property, in accordance with article 266th of the criminal law of the crime of fraud.

      Seven, the company, enterprise or any other unit who used his position to facilitate, false litigation, embezzle the property, in accordance with the first paragraph of article 271st of the criminal law of duty crime of embezzlement processing.

      Eight, the state staff taking bribes, false litigation, embezzlement, or State-Owned Company, enterprise or any other state owned units engaged in public service and State-Owned Company, enterprise or any other state owned units assigned to non State-Owned Company, enterprise or other unit personnel engaged in official business by taking advantage of their positions, false litigation, embezzle the property according to article three hundred and eighty-two of the criminal law, the crime of corruption, three hundred and eighty-three treatment.

　　 Nine, the perpetrators of fraud litigation and criminal activities, violates the two or more than two charges in accordance with the law or by the combined punishment for several crimes, convicted and punished with a heavier penalty.