[by] Si Weijiang lawyer blogger writing good articles, response!

 

Lawyer: fish to the future the lawyer's letter

Yu Ge: give students of law school

Non senior prosecutors to law students

Mimi Chu: for law students

Wu Buda for law students

 Twenty-five rules: to kill the old law school

(net) J hand for future judges

 

 

Lawyer: fish to the future the lawyer's letter

 

Gentlemen:

Congratulations on your graduation! Welcome you to become a member of legal occupation community!

Your graduation, let me soft reminds me that in my heart the most beautiful campus, that arrogant youth, and those in the lake taying leisurely shame day. Through you I see you in the eyes of the astral, bookish appearance hidden edge, as I was 10 years ago. As a trained many years of professional training in law school graduate, you put the fairness, justice, order, freedom into the blood, you hold the legal conscience, carry on the thorough ponder to the social reality, you rely on words and symbols is therefore particularly sentimental sentimental. I chose to be a lawyer, part of the "free occupation" concept of misunderstanding is due, in part because the best defense of Alan Dershowitz. "".

Unfortunately, 10 years ago and no one told me, my career as a lawyer would not have Dershowitz style classic question, there is no Boston Legal struck with fear, will not have the court passionate load one's pages with references, eloquent -- I unsuspectingly, accidentally became a non litigation lawyer, a never entered court, a sit in an office building in China from the dark glass curtain wall overlooking the traffic senior legal mechanic silent surging.

 

 

I don't know whether such descriptions meet your expectations of future occupation, but I think you are right, and in the premise of fully informed, you make a choice, after all, you are quite a number of people will open their own occupation career. As a virtual length you a few years old "old" lawyer, I would like to say a few words about the non litigation lawyer occupation of the truth and you.

An occupation, the choice of the road

Often a young friend of mine asked me: "I should go to the domestic, foreign, or go to the company when the law?"

Let me give you a most lawyers answer: "It depends." don't accept the advice given by the reflection of his / advised her to my personality and ambition, because there is no occupation road suitable for everyone. You should ask is, you can learn what respectively in these three places, can play what ability, can accumulate experience -- what is the most suitable, which post as a unique individual you.

You may think, the classification of non appeal business so fine: listed, merger, foreign investment, financing (banking or finance), anti monopoly, real estate, labor law etc.. Even in the listed business, according to the different markets (such as the A shares and H shares), lawyers also have their own expertise. You can according to your interest, read extensively, but may not have deep experience in every field. We look forward to you to be an expert in a given field, and the company also hope what you know a little.

(a) funded by

Domestic most can help you accumulate knowledge of the law, exercise the ability to deal with specific legal issues. I am in a domestic made three years listed business, down-to-earth to independent operation of dozens of A shares, H shares, shares of listed items. As a listed lawyers, all the problems of the company and its subsidiaries greatly small you usually need to publish professional advice: change the establishment and each time you are valid, each of the major asset is valid, each major contract is valid, environmental protection is not meet legal requirements, labor compliance with legal requirements, whether to pay taxes according to law, there is no pending litigation or litigation, the results of the listed whether there is affected, etc., etc.. With hundreds of pages of the report to the stock exchange / SFC in you, and then waiting for hundreds of their problems. They are not to mind taking the trouble to hold every doubt careful questioning, until you desire. In the process of reviewing the historical evolution of the dozens of hundreds of companies, all the problems I almost deal with a company that may be encountered in its life cycle.

However, you have to be mentally prepared, most domestic can not give you the Secretary (equipped with foreign place usually share a secretary), there is no professional translation team, everything should be dear dear to force. Moreover, for in you the average working time per day for more than ten hours, your income is relatively low -- in addition to rent the traffic and hydroelectric power, your pocket should be what is left.

(two) foreign investment

Relative to the domestic, foreign capital threshold is much higher. In addition to law firm foundation education, foreign investment in English usually requires high level, especially English writing ability. However, even if you various aspects ability is excellent, the student just graduated is generally not directly was awarded the title of "law". You need after two years of "assistant" (paralegal or legal assistant) or "trainee" ("trainee") experience, and obtain the foreign lawyer qualification (usually America, of course there are a few are not required), can be in your business cards printed on the "lawyer" two words. In these two years, you don't have the opportunity to write a formal legal document, do the most to help lawyers check regulations, do due diligence, and even translation.

Relative to the domestic more biased in favor of "learning to swim in swimming training mode", which provides a set of foreign legal analysis, for the drafting of documents (mainly English), negotiation skills more systematic training. Almost every veteran foreign firms have data text library a treasure. In the library, there are all kinds of problems of memo (legal memorandum) model and various categories of legal instruments. In this paper, you can feel the beauty of English word application, logic reasoning and the beauty of the beauty of architecture. In the first year I entered the capital, with my partner, let me write a whole year of memo, all kinds of projects, many law issues. Each memo, she uses the red pen word for word and sentence for sentence to change hands again and again not to mind taking the trouble. So when I later independently written documents, the head can directly reflect: I can use any project on which the problem analysis which transaction architecture. Therefore, in which, the draft contract is regarded as a "senior" work, be allowed to draft the contract is a symbol of recognition of your English legal writing ability.

Of course, and their expectations of you is proportional to, foreign provide paid very expensive.

(three) the company

I don't recommend law school graduates directly into the company. In the company, legal problems you can encounter is limited, the management also prefer legal opinion straightaway, it demands more you use past experience to judge the risk (Cha Lei), to solve the problem (Pai Lei).

Two, non litigation legal rules

(a) diligence, diligent and industrious

If you think the lawyer qualification examination is your final exam, then you are wrong. In fact, the lawyer occupation is an endless examination. Final exams at school, you get a word wrong, 99 points, maybe you or first class; you are a family hanging, school have the opportunity to take. But sorry, when you leave school, you'll never get the chance that a question. And accountants, a number of errors, a conclusion of error, you may lose the case, lose customers, lose credibility, lost his job. Therefore, when you write down every word, that every time a conclusion, must study and research, careful and cautious, deliberate and scrutiny.

My boss once told me that: "if the CSRC rules over the past China, legal opinions appeared more than three typos, it returned!" True story, also a Hongkong lawyer make "zero" number, the number of the prospectus to error with adhesive paper pasted together, become the industry jokes. The logic behind the question is: do not even proofread carefully, legal opinions can be careful? Moreover, opinions are knowledge and experience, proofreading is a matter of attitude. You are such a small, lose their credibility, be firm reputation, not worth it, can not be forgive. So far I have not read the e-mail cannot be more than four times the "obsessive compulsive disorder".

The law is a practical knowledge, a practice the art of. You can't rely on talent, also cannot be a famous. Where your time, is see. Perhaps, this is why we want to field investigation called due diligence investigation (diligence is diligent.).

(two) develop the habit of lifelong learning

Whether you in law school grades are good, both as a lawyer or when the judge, you are faced with a new learning process. If not to give this study plus the last term, as long as you don't give up the practice, it will be "lifelong".

In Chinese university occupation education underdeveloped, law school teaching content is mostly on the legal system principle, legal theory these dry only in practice to be revised and plump. As a non litigation law, except that there are several types of company, you should be on the company law and the judicial interpretation of each clause and its meaning to do well the degree; in addition to which several land ownership patterns, you must also have rapidly determine the specific land rent, how to handle the ability to transfer procedures.

My first boss of legal work desk is "exhausted". When I met the legal problems on land a don't know, he never told me the answer, but the big hand a flick: "to put all the laws and regulations with the 'soil' in the name of all read!" These laws and regulations including the regulations expire, understand the legal system history, to "know why". Otherwise, when a customer asks you "premarital personal property when into the joint property of husband and wife", you will be confused, because you have not read the 1980 edition of "marriage law" judicial interpretation.

Need another reason is the legal practice of lifelong learning (practice) update. Not every law has a corresponding law could be invoked, not every legal issues are not black and white answers, not even every legal issues have been legislators consider. This time, we often need to tell the customers: in practice, the problem now is how to deal with. "In practice" after the words, it is the legal opinion of value.

For the knowledge preservation, my advice is: read the new laws and regulations promulgated by the day, to ensure the timely updating of knowledge; regular discussions with colleagues, to understand and deal with the problems they encountered; reading financial newspapers and magazines every week, to ensure timely grasp of policy oriented.

A good lawyer dictionary, there is no "I didn't study" and "I didn't do it".

(three) the customer is your biggest "the enemy"

This is my first lesson in the firm accepted.

With the customer as the "enemy" is not to teach you to doubt everything, but requires you to the truth, the legal rules make an independent judgment. This kind of judgement should be independent, not subject to any influence. Any fact, must after their verification (verify) can be adopted; any conclusion, must through their derivation, can make a.

One of the main function of law is that law risk customers in the business plan. If the risk cannot be eliminated or reduced effectively, the customer's business plan should be abandoned, this is the Modern Corporation management and risk control requirements. Therefore, for the management of commercial interests drive customers (management term limited, so often short-sighted), between his starting point and your starting point, there is a natural contradiction. However, for these management represent the company, your independent judgment on legal risk, even if it is standing in the management of the opposite (usually they are short-sighted), it is the company responsible for the performance of.

Between commercial interests and legal risk, in the internal legal body is particularly prominent. I am now the legal department of the person in charge of the company is a America old man, I admire him for his customers said: "I do not XX the total work, I work for this company!" Yes, you have the right to say "no". A lawyer's value sometimes precisely because of his opposition.

The same with the commercial interest drive, customers tell you that is not always true and accurate. Or my first boss, once told me a case: a printing plant listed, for lawyers, accountants license, permit, there is a part of the false document their printing factory. The printing of high level, lawyers, accountants, did not see a false. In another case, is my schoolmate at college experience: an abalone farm listed, lawyer, accountant major property of the company (the right to use sea areas) field survey. Company executives led professionals boarded the boat, waved, said they were is the sea. Of course, later proved that one is not. I investigated enterprises, more than half of enterprises owned by the whole people, collective ownership in the absence of the documents of approval under the condition of not clear to the hands of individuals, the achievements of the pay for my expensive lawyers private entrepreneurs.

My young friends, when you are in a legal opinion book and sign your name, please remember, you are the responsibility of the customer in this sign, you have to be responsible for your own, and practicing certificate responsibility.

(four) understand the client's business

This is my in law firms to accept the second class.

A good lawyer, can not only offer legal advice, but from a commercial point of recommendations to the customer suggestions.

From the aspect of, write an equity transfer agreement, is a long and complex protocol template or a brief protocol template, depending on the customer's business purpose; participate in a business negotiation, which is to be of no great importance to represent clients give up rights, what is must argue cannot compromise conditions, depends on the customer's business objective; the design of the transaction structure, is the use of equity merger or acquisition depends on the property, the customer's business objective. In a broad sense, to use legal knowledge to solve the problem is the creative expression. Lawyers should learn in the premise of not violating the law, to maximize the interests of customers as much as possible. A prominent lawyer, creatively put forward a trading model can often, this is a lawyer acme, is a lawyer of art.

For a new lawyer, creativity is too high a standard. However, you can start from these aspects: the understanding of customer products, customers, business process, the industry profit model, the upstream and downstream enterprises. You don't love that even a waste of time due diligence work, is your best opportunity to learn the customer.

(five) take care of yourself

This is the last and most important advice.

"Take care of yourself" is speaking teacher Su force me in one year's graduation ceremony, but my mind any occupation (especially legal workers) the most important rules. We're in a seductive but is lack of time, engaged in a fair, justice is the core value of legal work, to any one person's virtue, integrity and judgment is a challenge.

Excerpts of Su Li teacher's words, I was worried about you scold me lazy, irresponsible. But think it again and again, I don't think I can say it better than the teacher. Therefore, I would rather risk being scolded, Sue force teacher talk wholly intact to copy down. I hope you can like me, from time to time out to read, remind yourself, your guard, correct, tsutomu:

"Take care of yourself, not only cherish the body; it is more important to treasure their talent, use talent to take care of yourself. In the next voyage, the most dangerous and not the whirlpool, reef, Jingtao, seas, but the ancient Greek myth of the sirens, she enticed the fearless and skilled seaman with beautiful songs, eventually led to the passing ships sunk. But the temptation, during the social transformation of contemporary Chinese, may be particularly prominent. Control system of the social old have to some extent function disorder, the modern rule of law as a social control system has not been completed, so in this period, the temptations may drive with your own wisdom in the name of the name, even the rule of law to do something immoral, illegal things, nasty things, despicable things; even made, it may not have been caught, not punishment, especially because you have superhuman intelligence and wisdom. But I must warn you, there are a lot of things, if your conscience can not agree, must not do, must not do. Yes, perhaps you will succeed in a moment or a thing, but the society is changing, believe in the rule of law will be more detailed and strict, and the rule of law will not only give you more freedom and rights, also the rule of law will deprive you of some so-called freedom or rights -- if these self by violated the freedom of others words. Maybe that one day you will face an irretrievable defeat, a lifelong shame; even if you escape, your conscience may be lifelong chasing you -- if you have a conscience. As the saying goes, is not reported, the time has not to. Yes, you are very intelligent, but must know, intelligence and wisdom itself can not guarantee the legitimate use one's ability and cleverness; bad things do in fact is more smart people. One's ability and cleverness may guarantee your future riches, honour and splendor, but can not guarantee that your future with happiness, but can not guarantee that we will be proud of you, the alma mater and the motherland will be proud of you, your parents will be proud of you."

Three, non litigation lawyer, what's your contribution?

"What is your contribution?" Sue teacher in the "force of rule of law and local resources" (also in law school, I read the first book) examination of.

In the face of this problem, I believe that the law of people each have a conscience will fall into the dignified ponder, torture his contribution to modern rule of law in the process, because this contribution should not only from the ivory tower by jurists, should from the law occupation community composed of lawyers, judges, prosecutors and other legal workers the. The law is the enterprise stand on solid ground, is true to life career. The law to serve, to defend its rights, finally to every ordinary individual, rather than what Abstract justice. I did not think to become a senior legal workers a high income for the occupation ideal any shame, just do not think to be a the sleeves swaying with every soft breeze jurist is ideal for shame. The drafting of each contract, the success of every project, you are relentless pursuit of the footprints.

Fish Bar

 

 

Yu ge:For the law school students

　　
　Friends Siwei river my lawyers, public solicitation issued, please One's reputation is distinguished. lawyers, judges, prosecutors, write a letter to a law school student, education and employment guidance. My identity, but the legal profession., more do not talk's depth, knowing no pen. However, all these years, and the alma mater of teacher younger brother and sister do not abandon, often wrote to me, asked how to read, how to choose, how to live, how to be successful in one's official career. On these issues, though I why don't know the right answer, but know that the wrong answer why; how can I although not into the right way, but how will fall into a wrong path. Just as in western during reading, my teacher Lu Yunbao's legal history lesson, he would speak without reservation on the first class: I this course you listen, maybe can't learn what truth, but can tell lies ", you will know this world what people, what books in the beard, even in the end, will found that even I have cheated on you.
I can not deceive you, the first talk about myself, why would become a law school and children. I often say, if my big two summer vacation to law practice, followed by lawyers, not the life I in addition to organize files, is called me to accompany the judge of drinking and singing brothers, but "the lawyers who, for the state and the people" of the Si Wei River, Zhang Peihong, then I will not give birth to attorney this occupation unprovoked hate; if the big three summer vacation I occupy the procuratorate for a week, the public participation in the nap, not in court, prosecutors, defense lawyers that the wrong order people about by arrogant, I will not give birth to the judicial organ for contempt, thus when looking for work in the next year, I will vowed, will not eat the law this bowl of rice. Unfortunately, the world which have so many "if", vicissitudes, heaven is often, therefore, do not complain about fate, not to yield to the fate, you make the moment of choice, you is the fate.
My experience, caused me to view the law, slightly pessimistic, dim. The legal system China, according to the division, the popular law is neither fish, can only be called China characteristic law system, as you know, whenever a thing, dubbed the "China characteristics" names, there is no inflow. People make fun of, say that this world there are only two kinds of law, one is the law, one is Chinese law; only two judicial logic, one is the judicial logic, one is China judicial logic. Although this word is a bit extreme, but not unreasonable. On the occasion, in China learning law, must not be the legal knowledge is too idealistic, optimistic, such as regarded the law as faith, you might as well believe spring elder brother Feng. The law is the tool, is the tool of law. Berman said "law must be believed in, otherwise it will exist in name only", where the "faith", when referring to behavior, rather than the spiritual latitude, need not rise to the height of the religion. Law and religion, but the law is not a religion. Compared with the words I love Berman, a Western saying: "the law is the political evening dress." "Evening dress" say, only in the West; China, legal fall into political underwear. Of course, the legal person's mission, is underwear became inhibition, set in the power head.
Too idealistic legal person, but easy to get lost in looking up at stars, but also easy to code and text lost in the magnificent. Know hall elderly said: "according to my many years of experience in mixed view, see from the book's conclusion is that these sentences, good ideas are written down in books, had not worked, a bad thing in the world is done, the book is written for a small part of." ("light reading theory") this script is about history, but very suitable for today China of ecological law. The law books, Oota Miwamihuan, once used to reality, is reduced to a tool to help a tyrant to victimize his subjects. Even some people lament, why make Chinese code like that beautiful, because its largest application, lies in the exhibition, not practical. We need to keep in mind, the life of the law lies in the experience, in practice. When the text of the rule of law in essence remained high, is like silk expire; the only fly into common people's home, and justice in close contact, it can bloom. The paper come Zhongjue shallow, no matter known to practice. Has always been no shortage of empty idea person Chinese, lack of practice concept, legal person must take practice as the standard, if they are not willing to practice, or rows and knowledge, practice and ideas make a clean break with, say a set, do a set -- in reality, why is not such. -- so, the rule of the blueprint, it will be a pipe dream.
A hundred years Chinese, legal person's dream, is a nightmare. Pioneer in dream, entangled in legal and political astray, as the lost lamb. The relationship between politics and the law, the originally complicated and difficult to deal with, even America Federal Supreme Court's nine saint, can't get rid of the bondage of political bias, let alone Handan toddler Chinese legal person? Here I just want to say one thing, just as knowledge portals, but do not have the parochial prejudice, legal person can have political position, legal ethics can not be distorted by the foundation for political position and. Further, to a large extent, is to draw the limits of judicial power and legislative power, administrative power; to say a small, namely the legal person cannot see themselves as officials, although China judges, prosecutors often corresponds to a certain administrative level, this should be a great tragedy of dislocation. We must not make the best of a bad bargain. To practice law, do not act. We have what, 12 years ago, Han Han left his intimate friend, I said: "remember, or with authority, fear power, not greedy for power. In order to be happy, not an official." Then began a year, I read the high school language teacher Mr. H a word: "founder life often ink, not official." You see, ten years as a snap of the fingers, the sky gray, meniscus thin many, I read these words, or infinite gratitude.

 

 

 

 

Non senior prosecutors to law students

 

Future by law:

 

   Bachelor degree and pass the judicial examination to also have a few years, see this essay in the micro-blog lawyer, he drafted a text, as the proposition content, letter format to prosecutors about simple identity as follows:

Ideals, expectations, equity and, needless to say. The law in my student days, theory, practice no, two skins phenomenon more or less exist, however, in practice, induction, summary to refine become theory; theory to practice law, or through the theory study, become the legal practice circles, will use the theory to guide how to affirm the fact, how to apply the law.

 

A, law students how to learn

  In law school, more or less began moving to the shaping law of human orientation, learning is limitless, the vast, vast legal code also, how to learn, must have its method. Master properly, do a job with skill and ease.

   First of all, to gather information, fully immersed. Law students just * * *, can collect information through existing channels, to enrich their own. The professor or online to find some books, lists for total, daily reading, are reflected in its work. That was my first time skimming over "million law", "justice", "Robert rules", "social contract theory", "the wealth of nations", "on crime and punishment", "rise and fall of the Third Reich" and other books but keep down or go to the library to read newspapers and magazines are more, most often look at the southern newspapers magazines and articles, still watching. Later a popular blog, have a look you have Internet access law blog. Legal version of the Katie community and Tianya occasionally go, after the gradual popularization of Internet, voice gradually many, few concerns. The French study French, law on the network, all kinds ofQQThe group, may also wish to join, maybe is a good way to get information.

  Secondly, the judicial examination, influence character by environment. To become law, unless it has been engaged in legal research to a high stage, most law students are going through the legal occupation qualification examination. Therefore, in the course of law of learning, it is important for the judicial exam. Through the judicial examination preparation, is a good learning method. Now the judicial examination information numerous, I began to listen to the judicial examination of the recording, in the big two after the end of the summer the Walkman, then have a look notes, right when the brainwashing, influence character by environment, can be aware of the judicial examination in advance, but also for the law course training to guide and help.

  Third, grasp the method, combing the backbone. Personal humble opinion, think the law while, but after I mastered the law methodology, learning is more smooth. The two course of jurisprudence and constitution, jurisprudence is the methodology of jurisprudence, constitutional law is the foundation of law. The jurisprudence, will understand the legal theory and how to use it in the legislation and judicature; through the constitution, will understand the legal construction and the level of constitutional theory. Construction of other legal logic, is nothing more than the two, to grasp the general rules, then some memory of the special rules, learning the law would be more successful.

  Finally, dare to action, timely summary. Whether in theory or practice, basically is the action -- summary -- cycle such action. Therefore, in the study, put forward his own question, perhaps naive or ignorant, but wrong. It is a good thing, the next is clearly wrong, summed up in a timely manner, will not make, in future practice also similarly so, young people make mistakes, and God will forgive me.

 

Two, Law students how to obtain employment

  If only briefly from the prosecutor's point of view, from the legal department, into the prosecution, under the present circumstances, is through a variety of recruitment, go all the way to become the people. As for how to participate in the civil service, cluster system, law enforcement officers, selected graduates, procurators (each province city procuratorate recruitment classified different exams, so different names), or by way of examination was becoming an officer and transferred into the procuratorial organs, it is the examination of the ability and skills Zhu Junkao tried, I only wish you idea, luck, enter.

   Broadly speaking, is a law students how to engage in legal occupation problem. If the intention of employment and their combination, it can be on one or two. The employment intention in the future, is engaged in the legal occupation, is to choose for academic research in theory, or in practice lawyers, judges and prosecutors, to become a notary or enter the judicial administrative departments, the preliminary plan; and its situation is, whether through the judicial examination, physical condition and how to personality, good at and interested. Combination of the two, that is: what do I want to do, I do what I can do, what problem. But the individual difference of many, I can only talk about my situation, how to enter the procuratorial organs as the reference: first of all, I'm not cast four law students, nor any a university law college graduation, from the county, enrolled in the mountains of a College Department of politics and law, said the guerrillas therefore, the theoretical level, inadequate resources, as large institutions, just get aACertificate, bachelor degree. These conditions, academic, I have no preconditions advantage; a lawyer, not in a big city, oneself cannot guarantee, let alone understand each firm, visit the master, and no one knows me, put aside; enter the judicial and administrative departments, likeACertificate is not what reason, no law is too long; test the court, may go up, but the court for more people, good local courts even more people, girls most test court, because the court with respect to the procuratorate does not limit the gender, I test than girls, if can not afford to test, to bear the cost of don't come; this pick the pick, only relatively reasonable Procuratorate, some local procuratorate recruitment limitation, gender and height (this may involve discrimination), provisions for a full-time undergraduate degree or above, requirementsACard, and I also analyzed the application and enrollment of nearly three years of certain recruitment court Procuratorate, found procuratorate candidates less than seven points, an average of a few, very little competition, and employment plan, enter oneself for an examination the procuratorate.

 

Three, Prosecutors course

   Talk to the people's procuratorate. The legal basis, the people's Procuratorate organization framework, personnel, legal provisions are not tired. About the Department of public prosecution prosecutors case.

The core business of the public prosecution department is handling a case of public prosecution, by fulfilling the function, legal supervision. The key is how to handle. We will typically prosecutors how to handle a case of public prosecution experience are listed below:

   1 Accept the case. The inside case, focus on the review of the case whether a suspect, is owned by the jurisdiction, whether loading specifications.

   2 The undertaker case review. This involves filling out paperwork, inform the parties, and the defenders and agents ad litem, contact, the interrogation of criminal suspects, in addition to outside parties ask the criminal suspect, reviewed the files, dealing with the investigators to understand the case, the production of legal instruments etc.. Experience: fill in the documents and to inform the rights and obligations of the parties, must pay attention to time, documents to each place names, names that clearly, reason to specify, legal language should be properly; and the defenders and agents ad litem, contact, be neither humble nor pushy, respect each other, language when, fully listen to the other side, it is best to have written materials; interrogation or inquiry, because the parties may have different levels of language, easy to understand as much as possible, to respect each other, if the other party as a person, and you happen to understand their dialect, the dialect of interrogation or inquiry, the other may be relaxed to accept questioning, better, before you ask, must have a preliminary understanding of the case, summarize the focus of controversy questions and ask questions or key, after summary; reviewed the files is an important aspects of the prosecution functions, some procuratorate review case notes, some not, but can find their own paper lists: suspect name, name, the basic situation of suspected case acceptance date, from the objective to the subjective review reading evidence, list page, brief excerpts from content of evidence, a class or a group of evidence review After completion, indicate, finally summarizes what the evidence of this in the future, but to consult or discuss the case,, the backbone has quite a case in their hands; and the investigators negotiation case, must first respect the investigators, second best invited the office or the place of interview, understanding of the various the investigation of the situation in many aspects, listen to their opinions and make a record; the production of legal instruments, prosecution mainly include: prosecution/Don't complaint to be made, the Supreme People's Procuratorate have a format can be used as a reference to the documents, but in some detail on each procuratorate is very different, and some evidence of procuratorate listed in the indictment, the provisions of the criminal procedure law of evidence name directly cited; some shall indicate the name of each kind of evidence; some want to list every evidence even the. I don't know what to do, each school has its own different habits.

   3 Prosecution. Procuratorial organs make a decision to initiate a prosecution, judicial organs will be sitting arrangements, send personnel to the court to support the public prosecution by procuratorial organs, fulfill the function of legal supervision. At this time, experience: received a court notice, I will find the prosecution work file, arrange according to the order of appearance, again familiar cases and browse the indictment, ready to record and the word, the word out, a defender or agent ad litem, prior to their communication, understanding. Make the court cases, pre sentence, make appear ideas. In court dress neatly, the sound clear, evidence, cross examination and debate to be found, speak slowly, set aside a certain thinking time, try to complete, civilized norms in court.

   4 Archiving. According to the usual case, the people's court trial and after the entry into force, to work in the case filing examination and prosecution, the Supreme People's Procuratorate has a requirement, each provincial hospital is also provided, in accordance with the provisions. Just note that filing first organize files, to check the time in the binding before, have a look whether there are missing, or the presence of wrongly written documents, materials are complete, then binding. After binding write page and directory, writing should be clear. Because the public prosecution department basically is one of the most busy procuratorate department, in order to avoid things complicated and., I try to be in the record room of the case after the entry into force and fashion to intersect, not long loose files. Remember a word: procuratorial work, gun can not be lost, volume cannot be lost. There's no give prosecutors guns, but the volume has been as proof of the work and case information, whatever you do, do not throw away. Even to go out, remember to lock the file. In case of their responsibility.

 

Law student you, well here, thank you, and you see lawyers to provide platform.

May: heart thinking, academic to

Non senior prosecutor

In the county

Two, one or two April 17th

 

 

 

Mimi Chu: a letter to law students: state, inside, outside

 

 

  [comments] Siwei river:Wu Buda is a very good lawyer, the legal foundation is very deep. His experience, worthy of reference.

Wu BudaFor law students

Dear students:

How do you do.

A few days ago, Siwei Jiang lawyer to write a letter to law students through micro-blog call senior predecessors. There should be many predecessors in response to the call. I am a for less than two years small lawyers, absolutely not experienced, but I was in school did not carefully read the literature youth, two years, three years and three years of legal undergraduate master of civil and commercial law, the read some books, met some good teachers, good students, have some experience, so do not surmise shallow, with this letter to the data signal, to share with you. Hope not to laugh in counsel and other a learned man.

A three book, open the door

For most people, learning the law is started from the university. So in the early stage of the start of university life to understand what is university, learn how to learn, in the university life is particularly important. In this three book a great inspiration to me: "go to school", Nakatani Shiakihiro He Zhaowu notes "University of the times to do50Thing "and Xia Zhongyi" university humanities reading ". You can find a turn.

Two, try to locate something

Law books is an immense number of books, monographs, textbooks are translations are original, academic practice, for beginners often feel very confused. Many of my friends are in the law books, especially after the law works hard on a month to forbear, best-selling books and popular books. I once took a long time to chew some famous, as long as you don't understand the word went to check Black's law dictionary or Encyclopedia Britannica, thought that the law knowledge so you can understand the profound. Later, I was working as an assistant to Zhang Weiren when the teacher told him the story of this learning method, Mr. Zhang said this method is wrong, he said that learning any knowledge, first of all is to understand the framework of the knowledge, first for their own learning drawing a map, and then press diagram Suo ji. As for those books and classics, often just sign, and cannot show a panorama of knowledge.

So, what is the map in the book? I feel a kind of method is the general sense of the books, such as the classic "Adler and Van Doren" how to read a book, this book tells the reader reading is hierarchical, for different purposes or for different books, to choose different levels of reading; second is the overall introduction of the law the books, such as Sun Xiaolou "legal education", "legal" Bo signal door etc.. "Legal education" is written by Prof. Sun Xiaolou, Dong Wu School of law of the Republic of China, the book systematically introduces the law students academic structure, learning method and so on, I think the current similar books have no equal subjects. The "law" is a law school door America primer, guiding question this book binding precedent, scholars papers and editor, systematically discusses many important problems related with law, such as the legal occupation, the discretion of judges, law and conflicting interests, law and identity etc.. The third is the system of books for a specific area, such as the Department of law textbooks, this in the next section.

Three, the law department of learning

Department of law study, nature cannot do without textbooks. Most schools are assigned textbook for students. As far as I know, some schools will consider some outside academic factors when choosing textbooks, such as Is it right? This school teacher preparation, Is it right? Education department or the Department of justice, Is it right? Specified high commission some etc.. Therefore, I suggest that you use specified materials at the same time, and then select a recognized good teaching as a reference. The selection criteria there are three, one is writing style, two is common sense; three is the method.

I know little of civil law, civil law Chinese is experiencing a particularly profound changes in these years, according to Cui Jianyuan teacher said is a "legislative" to "interpretation". Previously, people are generally concerned about the problem is how to establish a law, and pay special attention to foreign laws is how the provisions of the law, as well as in the system how to design better, so the textbook style is more like the extraterritorial legal knowledge of the book, the author in the use of law concept is often directly quoted foreign (Germany, Taiwan and so on), American works, and the default of these concepts can be directly as a concept China method. However, with the "general principles of civil law", "marriage law", "law", "contract law", "guarantee law", "property law", "tort liability act" and other series of laws or modify the laws and judicial interpretations, the civil law system has been basically formed Chinese. These laws and judicial interpretation is a binding, understanding and applying these rules, which is the basic demand of social life, small speaking people go to work after the job. Therefore, a good textbook, must first be a law commentary in style. However, notes law is not enough, it also can be based on the China laws and judicial practice, introduce the history, the law, the law and clarify the relationship between explicit law how to apply in practice. To achieve this, we need the author has about the law department of legislation and judicial practice of common sense, and has a set of integration of these common sense of legal hermeneutics.

As the civil law, in my reading range, property law teacher Cui Jianyuan "I think" (Renmin University of China press,2009Years7Vol.1Version) contract law and Han Shiyuan teacher "(" law press,2011Years8Vol.3Version) are good.

Four, advanced

To understand a specific legal system, textbook is not enough light to see. I think, many legal problems, in the end is law, jurisprudence and comparative law problem. History helps to understand a legal sequence of events. The legal help to develop critical of the legal system at. Comparison with new angle of view can help inspire Chinese method, and the concept and system China method are mostly imported, comparative law becomes more and more important. For example, of intellectual property rights, especially the copyright interested friends, may wish to have a look. Shoulian professor at Harvard Law School "to steal a book is an elegant sin" the introduction of historical knowledge China property book. Interested friends may wish to have a look of the civil law, Taiwan Mr. Huang Maorong's "law and modern civil law" or Germany Mr. Larenz's "methodology of law" the legal book. Interested friends may wish to compare method, double Germany Mr. Schwab's "civil law" or America introductionNutshellAndFoundationTextbook series.

Five, care practice

The legal education of our, often do not pay attention to practice. The majority of law graduates, including me, before joining the team of lawyers, lawyers, the judge how to think and work poorly understood. So, my friends can get practical departments to practice in high grade, insufficient to make up for the school education.

In addition, there are some materials we can pay more attention to. The judiciary can read the most supreme court cases, guidance issued the Supreme Court bulletin "the Supreme Court judgment and view integration" (now has six volumes). These materials represent the highest level of the highest judicial authority China understanding of the law and the Supreme Court on their own point of view to edit. As for the judgment of the law, you can try this: according to the common lawCase BriefMethods to analyze the verdict, reference to reading in the judgment of the law, and then go to have a look on the textbook, textbook and applicable law or your own understanding to the law and your common sense are the same.Case BriefIn the method, we can refer to any beautiful Huan teacher "the ideal professional legal education" in a book. I think this book is currently the best describes a general method of books. In addition, spare friends can then collect similar foreign judgment or to read foreign textbook, comparison of different legal system to deal with similar issues. As for the method of comparison, we can search the Internet related speech teacher Wang Zejian decision research and comparison method and the.

In the practice of law, can have a look you and the "road" and the lawyer lawyer "thinking" and so on.

Six, the legal English

The importance of legal English, how to describe is not too. Have a friend said, in Shanghai, foreign language level directly determines the level of income. On the improvement of legal English, I don't have a lot of the right to speak, but I think it can be used as reference materials include: million law database or the National People's Congress English site in law translation, various English contract books, Gao Lingyun teacher and He Mei Huan teacher about the common law introductory books, law firms (such as Jun and, KONE and HHP) sites in English controlMemoAndNewsletter,NutshellSeries of books in the original.

In addition to the above, also recommend more about outside the law of knowledge, such as economy, politics, finance, science and technology and so on, because after all, "the law alone is not enough". In addition to reading and practice, please pay attention to health care, for example, often run, Tai Chi or eight section brocade, because most of the time, the law occupation is a living brain labor.

To say these, unavoidably. You, please forgive.

I

2012.4.24

 

 Twenty-five rules: 5 old killed to law school

 

This law is arranged such a task for me, is a processing contract. Originally promised within a month to "work" for the acceptance of the five one drop, but I was busy, actually put it to the delay, delay of performance, self please bear the liability for breach of contract -- please eat dishes from seafood to "Feng Jian by the people" and "economic application meal", hey hey.
  In fact, this Union have snack with trembling, hand, law, XXXX, can favor to me such an end backward, selfishness is really quite so little vanity; but on the other hand, some old friends all know I have been on the Internet has always been to "open book" "pass one's know-how to others" such as "pointing you" like people quite disdain, a sarcastic ridicule of the speech. The patients in the be fond of teaching others, and "do not do to others, I bother others give me filling the kind of" class ", of course I do not charge this kind to others" ". The Internet for many years, I deeply appreciate what is called "knowledge is infinite. drop", what is called "have no bottom", the network is a limitless space of possibilities, see writing this proposition may and I was like, watch and Tucao: where did you get this stupid * ah, also TMD old bar true to himself, when dish of vegetables?

   So, the first words in front, I said these words, must be very naive, very shallow, words are not very elegant, vulgar language, more no copiously quote authoritative works of heroic utterance or pearls, mistakes can hardly be avoided even there are many. If you want to see what the airport lounge in the bookstore that kind of popular success ah, workplace cheats ah like Dongdong, or what chicken soup for the soul life ah ah ah ah like Ren Zhiqiang micro-blog Roland small Dongdong of children's shoes, please close the book, to ignore it. I can only put these years with learning the law and legal circles a little experience, there are a lot of friends, friends, friends and other information and the wise remark of an experienced person, to sum up, but, also have no what so-called "theory", but not what margin, trying to become widely spread. Let's be rambling, chat. I can not guarantee that the level is very high, but that is the truth, the truth and the truth. I think this should be regarded as the 'law and you the greatest respect, still hope you do not use the tone of ridicule and casual, I to muddle with one's duty.

  

   (I following the most imitated "the Analects of Confucius" type "quotation", ha ha. Think of a as a simple summary, interpretive)

   

    Well, during the first talk about the students career.
   1 must learn English (or any foreign language, language, German, Japanese is a plus)! The professional legal courses well, not that important, but is less important than the foreign language. The basic law of nature to learn, law (constitution), criminal and civil procedural law and the three It goes without saying that, those more specific law to subdivide them, what some special economic law ah (such as what bank law, insurance law ah what), administrative law ah (what customs administrative law ah, the punishment of law, administration of industry and Commerce Law ah what) about on the line. Test one or two weeks ago to see, plus the teacher often draw heavy drop. As for the future, now developed information technology advanced, find some this kind of specific legal provisions are very convenient. However, a foreign language is different, so now the society for legal occupation qualification requirements more and more high, is the mark you graduate from foreign language, even after the title is also used on modern legal system; and Chinese almost all imported, if you will engage in research that need direct reading of original language translation, eat from the "second-hand rice", whether in the effectiveness and research depth and is not directly read the book can be compared. In practice, it is also more and more needs theoretical attainments more profound, not to mention any foreign ah, ah, intellectual property asset acquisitions. These high-end areas
   2 to talk about a love! Youth is limited, no regrets, do not stay only a sigh and a hint of regret. It is said that the students like can also apply for married (reach the legal age for marriage), laugh. You know the saying "the law is nothing more than human", understand this sentence not vulgar. You know the law, civil law, at least, is the "people" method. The relation between law is to adjust the people well, you if the feelings between men and women as a basic fundamental "favor" can do it, you how to understand many complicated social relations? At least you can deeply understand the "public say 90endsmunal reason both sides just said" this sentence "legal implications", ha ha. Even from the most realistic and most utilitarian point of view, you are a lawyer, largely from divorce ah ah the inheritance of the marriage and family law started small case; do judge is very likely from the civil court started, is this kind of case began to wear. But in recent years the court mediation system and Daxing so-called wind. Profound grasp the feelings of men and women who drop drop a thing, definitely helps business level drops to raise. More important is, whether you are engaged in any occupation specific, can grasp the good often lover's psychological, will do "ideological work", it is of great benefit to no harm.

   3 must pay two or three a very good young teacher friends. A young teacher didn't stand, no generation gap, easy communication, have a common language and the same interests and hobbies, even drinking together, but when the Mazuo high position; two is to establish one's reputation as an authority of others not, such friendship is relatively firm, is durable; three is a ten years, he it may rise to the professor can even strokes or participate in the tutor group what, when you almost need a PhD, Hei hei

   4 must keep the habit of reading. Not to do your "a" level, also do not have to read what professional books, I even think undergraduate period is read more so-called "books" as well. For example, some classic ah, ah ah very good poetry novels. One can try to figure out who's position, and can obtain the humanities accomplishment, improve a little taste, style of writing is not too bad, familiar with the three hundred Tang poems, does not write poetry. At least to flirt with hot chicks can pack a cultural one, quack

   5 must pay attention to exercise. You want to know the legal working days, in fact, in many cases is put together the body drops. Overtime, at least in those years start, no matter is the way police, or as a lawyer, it is homely food thing ah, you have to withstand. In addition, said a good general body is good, ha ha, joke, do not seriously......
   6 must train their expression ability. I wasn't referring to eloquence, be skilled in debate is not necessary quality of legal person, at least not in China (lawyers have good eloquence, this is misunderstanding, ordinary people you as a professional course can't repeat word for word what others say). I mean the written expression ability. No matter what you are engaged in the occupation after a rigorous, concise legal documents, or a fluent writing papers or materials, are the legal person must have the qualities. You know it's likely that you will do the case is "gold" or "human life", while the legal man did nothing but is also the "select passages and choose phrases" "write in ornate style", in order to "fight for power and money". Therefore, one must be accurate (the best form the good habit of repeatedly checking), two simple, three to four to the smooth, clear logic. These requirements are to go through the long time training to be oh.

   The 7 to have the ideal, and deep collections, but don't show to the public. In fact, I write down this sentence, face some have a fever. Because of my own now, ask yourself in the dead of night,, I was an idealist? The answer is not so sure. The reality is cruel drop, years is a butcher knife, it will kill you on campus adorable have lofty sentiments, it will be removed once you The Legendary Swordsman Bini world corners, it will let you really feel the real sense of the words is not "change what you can", but behind that sentence "to what you cannot change"...... So, this one, is not what advice (because I was not sure I can do this hold), even if a good wishes.

 

    Here to talk about a prosecutor (or police) advice. (I haven't done substantial work, this is in practice, time is very short, so there is no many suggestions, forgive me.)
   1 please try to use legal means to solve the problem. You may have some means to solve the case. In a short period of time, perhaps even awards for meritorious service promotion. But you must know that in the long run is more and more strict and high standard requirements. Beyond the scope of the law means to do as far as possible, without, even superior command of the dead are not acceptable. Otherwise, you will be the final yabakui eat! Even if not to eat what the actual loss, your conscience will not so good. I even think, a formal law school out of the student, more or less should be ashamed, ashamed to do it. Please always remember: I am a legal person, if I "black office" criminals, then I and underworld don't what essential difference!
   2 please as far as possible to treat the defense attorney or lawyer. You know they are and you have roughly the same education, accept the same set of legal concepts, legal spirit, and they, in China such a country, law popularization, paying for the rule of law is flourishing the hardships and the pressure, is N times as much as you! You dressed in uniform, head of the national emblem is the means of national public power support, and they are against the powerful state machinery in single handedly, sometimes even not only positive against you, but also bear the enormous public pressure from vulnerable to bewitch people! So, to the extent possible, don't embarrass them, be kind to them, respect them, from the bottom of my heart truly equal and be.
   3 you can hate suspects (defendants), but cannot discriminate against them; you can sympathize with the victims, but do not condone or give them. This sentence is difficult to interpret, perhaps some people will say that I am too cold-blooded what, this waits for all future work in the self understanding. That is all I can say, must remain calm and rational, not driven by emotion, so very easy to hoodwink the eye, ignore some of the details. A legal person, sometimes to do "said there is no clear sunny" drop.

 

    Do a little advice a judge about the next. (some of my previous posts or micro-blog said, please forgive me, don't think I long winded repetition, you when is an "old" say something "platitude" words here.)

   1 hold ideal, endure loneliness. Many years ago I had in the world was version sent a card, some time ago and had a micro-blog, old news that Taiwan area made "outstanding justice", put forward such a sentence "legal person's honor, is that the law of lonely people". As everyone knows, justice is the value of the judicial independence and judicial independence, if not all, independent can also be most to judge. As a judge, you must like the court jurisdiction, the most precious and most difficult, perhaps to all fans clamoring voices turn a deaf ear to! You should have such a spirit of humanistic care in a calm appearance: haughty born maintain deep compassion, ready to do a justice is in the dark night!

   2 keep a heart of love. Whether it is engaged in criminal or civil (administrative) trial, must have a heart of love. Of course, I don't mean the specific case or personal "compassion", it will form a bias, lack of justice. I mean, we present this society, the rule of law is not prosperous, moral corruption, is also falling of ceremony. Because of this, as the dark side of social contact often and deeper, and at the same time to hold the last defense of social justice of the judges, the more you want to hold an optimistic positive attitude. This is very important! Otherwise, you are very difficult to stick to their original ideals, you have blood boiling once the cooling, freezing, there will be great may swim, associate oneself with undesirable elements and give up all confidence in oneself. Only keep the love of life and hope, you can keep the heart not to extinguish the flames.

   3 as far as possible to maintain their independence. I mean not only economic benefits. This kind of external, more important is his inner strength. Listen to your inner conscience and legal logic judgment and adhere to the! Although China's current administrative court system the trend of serious, but you should still try to do not like change in spark rate, it will make you become weak and soft, thus losing the essential qualities of a good judge -- the courage! Aquinas said: if the highest aim of a captain is to keep his boat, so his best alternative is to ship moored in the harbour forever!

    4 to maintain a good habit of reading at your university. Even if you are in practice very specific and trivial, you can't relax theory study and the research. You must have a certain energy to support me a said "a wise man of courage". An excellent, distinguished judges, not by "(right) force to convince people", but can do "(Law) reasoning", you can do: in my family, I hear. The professional category, I is the top experts, who also don't want to give me a lesson, who also don't try to play some tricks to deceive or cheat on me. To have this kind of domineering exposed, ha ha.

   5 and the (police), the second part of the article, please as far as possible to the lawyers. But don't go too near not chum! The words are somewhat difficult to interpret, mostly depends on your future self understanding in practical work, I will talk about the specific law article.
   6 remember that common sense! With respect to a carefully worded code (gauge) provisions and the rhetoric magnificent professional works, the daily life of some common sense and should not be neglected. In fact, the saying goes, as said earlier: the law is nothing but! Legal (here refers to the legal provisions of the written text) is actually the legislators from the daily life to abstract and summarize the complicated social relations and social phenomenon, and then modified the language, the formation of "common sense of collective". Especially civil law (in fact, criminal law, administrative law is). There was once a senior told me, a case before you, know the case after you don't go over the provisions of both parties, agents to forget, when you haven't studied law, eyes closed, with a normal person's common heart to weigh, listen to your heart to feel, form a judgment. And then to turn the provisions. If the provisions in line with your judgment, you this case is generally the most, at least not very wrong and outrageous. In this regard, China's legal education traditional to blame. Especially after 49 years of research, we too repulsive "civil habits" role, the folk custom is regarded as "feudal vices" or "the exploiting class ruling tool", get rid of. You know, still in force in China's Taiwan region, recognized the legislation technology is of high level "Taiwan civil code" very prescribed: civil law, the absence of such provisions, in accordance with the habit; no habits, in accordance with the law. Have a look, habit was higher than the legal! And the formulation of civil code, is introduced in the national government, civil habit surveys actually depends on large scale for a long time in the period of Beiyang government since the late Qing Dynasty and the achievements in scientific research.
   7 respect for leadership, but don't flatter leadership; similarly, respect the experts, but don't believe the expert. Both leaders and experts, you have to respect, because they are worthy of your respect. In such a field China what pay attention to be promoted according to status of country, experience itself is a kind of ability, experience and the thing itself worthy of respect. But, then again, it is because of this, the leaders and experts as the elderly relative to you, a young man who, in the knowledge structure, consciousness, reactions and even physically, certainly also has its shortcomings. So, you can do not to be impolite, also do not break "science", to be modest but not humble, cautious but dare to uphold. This is a survival skill, and you slowly honed.
   8 maintain patience, full of hope, cherish their own occupation honor! From the first day you step into the court gate, you have to understand, Chinese and rule of law will be a long, long way. It may take more than a generation of struggle and sacrifice. But the daily paper work will be a tedious and repetitive work. Therefore, a good attitude is required for the long marathon journey. You should know the importance of your work, you might think that some case is "big" or "important", some are "general", but do not forget, perhaps this is the similar case one percent to you, but to the party, you judge is his one hundred percent! Do not let tired and "the struggle" mood sweeping you, you want to maintain the justice, first read himself to judge when the devout, excitement and a sense of the sacred first walk. You should cherish the judge this occupation of glory, no matter how to evaluate the social custom, your heart to cherish it, to maintain the sanctity of it in action!

 

    Well, finally, several suggestions as a lawyer. (I also haven't done for a long time the lawyer, said must be wrong, one-sided and extreme inevitably. Please everyone, especially the lawyer friends believe that I speak to you are magnanimous and, no disrespect)
   The 1 most important one -- to deal with law (prosecutorial, police officer (for) the relationship between the following concise representation, such as non special instructions, with the "judge" refers to the "judges, prosecutors and police officer"). The importance of trust that you can understand, but it is typically easier said than done. Most lawyers are dealing with the judge, in a good relationship is self-evident. But how, it is a very artistic. I think about it, there are so few small suggestion. A) you can usually make friends with the judge, and even some small gifts or favors, eat anything, but never in the case at hand when you eat or gifts; B) you should respect the judge, even little flattery, but need not be. I personally recommend, communication of the best is the friendship between gentlemen, material is light like water, spiritual recognition. Specifically, you can some professional problems and judges exchanges, occasionally ask (or "consult" also, laugh) about the best. This way than straightforward toady! Although you don't expect to have what to reverse the situation of fundamental role, but can make some convenient to work smoothly. With professional knowledge and the concept of the pursuit to win the recognition of each other, I think this effect than material that is more durable and reliable. Please believe, talk with a legal person judges than to convince the public much more easily, even more than to persuade your party is easy. After all, everyone is learning the law (general should mostly one) have educational background and knowledge structure is basically the same. Even criminal cases in the "counterparty", you will also find that, the legal professional officers quality is not the same. C) unless you have a big background or great interest driven, otherwise not easily "attack" and "frame" judge. In reality, many lawyers will because of the need to cope with the agent or the parties fail to defend buck judges who judge, or injustice, or the public security bureau to fiddle with ah, speaker and so on. In fact, these all can understand. But you have to know, you have to do is not good enough. And pay particular attention to, just as much as possible on the parties so explanation, but not large public spreading this speech. You know, the legal service industry is perhaps the most attention to word-of-mouth circle, this circle, say the biggest, speak highlight is not a lawyer, but the judge! Do not believe you can find in the Chinese a passerby look, ask him if he will meet the lawsuit, first find who, is a lawyer? No, he must be the first to have an individual in X, their friends and family, judges and prosecutors and police officers, they recommend a lawyer was more common. But between them, especially in the area of a system, internal, word-of-mouth spread is very important way of. Once you go to frame a person, you are most likely to shut this place this whole system door! I'm a police classmate once told me about such a thing, a lawyer may be a case by a police whole, he saw an opportunity to report the police work time into a bar. Coincides with the public security system make big rectification three education what the results seriously deal with the police, a line in the end, to a suburban police station to when the tube section of ordinary. The public security system and the almost all know that the "name", his "care" to go to the police station with an account in the bottom page can't print copy. Something even more criminal defense in the business, such as meeting ah copy extract some material and so on. D) do not underestimate any system of comrade, even if the other side is again young and ugly in one's appearance. Don't you believe that even if the courts or procuratorates a little clerk even drivers that workers can "rectification" lawyer. If one day you even their parking is difficult to enter into, or one of your case the parties are often the court or procuratorate or Public Security Bureau bypass you directly called in to take a procedural material what, gradually the parties to you There are complaints all around. don't trust. If this happens, you try to recall, to see what might inadvertently turn away or against which the. I say this is not within the system of you "Sir" gentlemen of arrogance, of course I know these people there is definitely a problem and the problem is very serious. But if you are a lawyer, I really recommend that if you never necessary, not to "fight" one breath. In the judicial arena court or important, the law of local law, adhere to principles; and in some small, daily communication, business affairs, the this place may be a little low figure, conform. Of course, if you think I this is no no principles, you can also when I did not say that.
   2 make clear their goals, understand its positioning. Now a lot of entry level people with beautiful ideal, it is to enjoy the harbor worship those of Anglo American law system's lawyer style, most of all, the public is the cognitive. "I am against", "you have the right to remain silent...... (Miranda notices) "," the benefit of the doubt to the defendant ", these words are popular to hate in the vegetable market vegetables mothers can easy to pronounce. Therefore, you must have a clear understanding of. People think you should what what justice or plead for the people of your own, don't too deep into the drama, true to himself when Shi Yang. If you want to be a forerunner of democracy or representative, and so on, to do a NGO doing charity. Even to the media as a media may be better and more convenient. You have to remember, the lawyer is first wealth profit seeking (this is not a shame, I personally do not have any moral discrimination), followed by the name of justice. As a human rights lawyer or public interest lawyers certainly worthy of admiration, but first you have to feed themselves and even enough to live comfortably. To achieve alone, when the developed world economy and again not late also. Do not say that lawyers have to bury their own ideal, any modern society citizens should have the belief pursuit, this It goes without saying that. But the law faith has the legal characteristic of a person. I think, legal belief should be reflected in the concept of the rule of law and to uphold the esteem to the legal professionalism. This is not a general compassion compassionate can achieve. We are all in the shout of judicial independence and freedom and democracy, so for a legal person, "the spirit of independence, freedom of thought" source in where? I think it comes from the professional spirit. The law should be independent of politics, at the same time, also should be independent of the secular human, even independent of moral opinion! Only the professional spirit, to remain calm and objective. In Chinese realistic national condition, the lawyer industry high-end business focused on commercial areas, high-end business lawyer is Chinese most professional spirit and technical content of a number of legal person, the Chinese ideal of rule of law, not only need the Shiyang (the most popular recently is the Shandong blind) the rights and democracy lawyer, also need these high-end business lawyers. Because our country with thousands of years of "anti business" the thought, until now the business lawyer or some more or less spiritual discrimination, seem to feel inferior to those of the human rights lawyer plead for the people have a sense of moral superiority. In fact, the so-called Erzhi Canglin courtesy, only developed wealth rich, people will pursue higher goals, order, justice and so on these. Barren and backward society was a severe law, on the surface of an orderly, but this kind of "equality" is not the true sense of the "fair". There are a lot of people so imbued with the rule of law theory: the pursuit of fairness, economic efficiency, and equity and efficiency is the opposite, so interest in commercial legal service and the so-called "rule of law" is a contradiction between. In fact, from the past to the present, oppose fairness and efficiency is a kind of misleading the public (or more sinister a pseudo proposition). This issue is very huge, will not go into details here.
   3 remember never made mistakes in the case and the procedure is simple! For example, wrote the names of the parties, remember a time lead to missed the time limit for adducing evidence, appeal ah, delayed the limitation and so on these. You know, if it is because of the complexity of the case, the causes of difficulty losing, your client will understand you. More importantly, the industry insiders feel sth. But if you make these simple procedural issues leads to failure, you will leave an untrustworthy, cannot surrender immediately in the circle, do not how reliable reputation. You will receive countless eyes. In that case, you basically is Game Over.
   In front of the judge said in a 4 article communication way, in this first article also involves the content, is how executives get along and even to make. I feel a bit must be avoided, especially for people. Except that little what "demonstration Tribunal" ah "publicity Tribunal" ah of what (if you're a new to, basically no chance of the court), not to the court and talk about theory, especially at the "* * Professor think so", "x x x * the book so that", and so on drop this kind of discourse, believe me, the absolute plays is the opposite effect! You in a court of law on judges or prosecutors "class" is definitely a mistake. This is the house is also the legal person, ignore the people knowing the law of people (even better than you are much stronger, lawyers, especially young lawyers don't defy spirit, with the experience, maybe you ten years to do the case has not a grass-roots court line judges do cases, and unified Scott, written on everyone's education and stand is the same, but the system has complete logistic support and continuing education training way, China lawyer among judges and prosecutors age is old almanac) many old lawyer in court off the reel is a last ditch, do to do not quite understand the functioning of the judiciary party look. Understand this to your heart. Not good not to learn as much as pick bad science, ha ha. Moreover, you are a young couple, in the court to "class" a little sense of humour. That extreme point, even if you're on a problem of faster than Liang Huixing Wang Liming also deeply, than Chen Xingliang Zhang Mingkai also Niubi, you don't give them a name to "class" is the best, but as I said, "ask", ha ha. Believe me, this pose is definitely better than you speak in excitement emotion pose eloquent of the!

   5 how to treat their clients. There is a saying although a bit harsh, but not without the truth. The intention of the parties is when he has something to you is done, not human, ha ha. You must have the sense of responsibility to the party, but not sympathetic to your party! On your client you must maintain the necessary vigilance. Before the commercial agent field multiple, Li Zhuang case, criminal defense was also beginning full of risk, with a! Novices often do is too warm to come to the consultation to party, and too trusting his one-sided statement. For example, the detailed analysis of his case, hate not succeed handle taught him how to its own DIY to fight the lawsuit, ha ha. You have to remember that you are a lawyer is not teacher than a priest, publicity and public enlightenment is not the job you drop things. The service certainly be enthusiastic, but you are the "help" him to solve the problem, rather than the "church" him to solve their own problems. Some young lawyers and even the Petition Petition ah ah very carefully written, for fear that others will not understand these "legal principle" and "litigation strategy" like, or for fear that others think he didn't work, so a long and minute statement full pages. But such complaint ah agent word ah defense word ah what the court does not to be see. The judge may be tired, more important is the other party may get you the whole deployment. So, as far as possible to maintain the parties can keep a little mysterious. There are young lawyers focus on litigation opponent, and not pay attention to risk prevention from his own party. For example, Li Zhuang case in the party never bite for meritorious commutation is the profound lesson ah, for instance the risk agency common after the privately operated bypass lawyers to a settlement with the other party, or to take out the and so on.

   6 to maintain a good image. Needless to say, this is an attire for people age. Lawyers should pay attention to the external appearance of their own, even if you money to go home every night to eat instant noodles to eat Naton, also want to support foot shelf and scenes, especially in front of the customer, don't ever let customers see your suffering and distress, they will not sympathize with you, but not out of pity and case to take care of you, it will think you level is not high enough. Buy two good dress, wearing a watch (don't often take mobile phone to look at the time) and so on. When the non circle around you within the friends on your occupation show some kind of envy and praise words, do not complain, say what is what what the truth ah, now Chinese engage in legal cases good difficult words like oh. Don't complain to anyone. These complaints in addition to despise to bring you home, do not bring any good, no one will feel sorry for you, is not a circle not to mention the understanding. This society is so cruel reality. On the image of the packaging issues, a long micro-blog recommend everyone to see the other day, big hair, it seems to be what "high-end lawyer drunby guide" what what, quack quack quack
   The 7 friends good connections, but it's best not to make friends in law circle. These words may be biased, we love to do you want to have a look. You know, at least, in this place and the local lawyer, your relationship is very simple, is a competitor, but most are potential. (and I think the domestic lawyers of the competition is not so benign drops). So do not believe in any so-called "master" are words, if he is willing to take you or cooperative case, it must be you for him to have good prospects of gain. If he says what what share success experience ah, the old want to find a good disciple ah what what drops, is bullshit. (well, yes, including every word I said above, in fact you can think is wrong, in fact, I was talking about, ha ha) his "core competence" is only one, is "never let others know how I succeed"! This way, you can "copy" and not "copy" drop!

 

   OK, finally completed his errand. You have a look casually casually spit casually criticism. (Tian face to advertise, my micro-blog address:Http://weibo.com/killeronline)

 

(net) J hand: for future judges

   Si Weijiang lawyers occasionally invited me to write a letter in a law school student, to put forward some suggestions, always remember professor Dershowitz said "the advice is a dangerous thing," and "most commentators just to show others how to become their own." As a view is not successful in the world I, power without this to others pointing, only from my usual see, think some ideas for future judges thinking.

 

One, the ideal

   The buzz word, the ideal is not the age but, for a judge, or want to be judges of the people, the ideal is a have to mention the words.

Believe that through the law education should be clear and the significance of the court and judge's role in the modern society, the court considered is the last defense of justice, and in social transformation China, so, people have high hopes for the court. It is the high hopes and expectations that, uphold justice, protecting conscience, they should become the judge to ideal.

   Perhaps some friends will think that I am in the talk, but, very frank to say: if you goal in life is to official and earn money, then do the judge is not a good choice.

Frankly speaking, the court is not promoted the shortcut to high office. Few around the judges can obtain the Organization Department's favor, get promoted, just as I know: only the Fujian province Xiamen city Jimei district court to get local departments at the beginning of this century, attention, more of the judges were rising, but other region is seldom heard, murmured: have friends make fun of say, the judge left the law of blood, there is a certain gap, and cultural gene of our party has not been favored, it is common sense. Even if the same is the judicial organs, procuratorial organs in place, than the court more attention, in the procuratorial organs have the right to anti-corruption investigation case, and for the procuratorial organs at all, in the central province of a (often the legal news), deputy public local municipal police long to base inspection, the County four all attend accompanied by Vice President, and the same intermediate court investigation in the grass-roots court, invited the county CPPCC Chairman tomorrow to attend, answer: tomorrow, go fishing, not empty! Therefore, the judicial organs of rotation, when the chief procurator rotation as the president of the court, often "take my Phoenix pool" sigh. So for those who want to their classmates and comrades, it is recommended not to consider as a judge.

   At the same time, for the interested in "Golden Road" of the students, the court is not a good choice. I believe that many laws have read "forgive me" the world upside down, if you think this is realistic, I want to be entered by the court, may be disappointed, "art comes from life, but higher than life", I'm not saying that the court did not corruption and degeneration of generation, there are indeed, but a risk (but more and more), is worth, two money road more, there is no need to take the risk.

   Once a great lawyer questioned in the micro-blog: judge whether because of great difference between income and lawyers and be jealous of lawyers, and in the work of the lawyer. I want to say is: for judge, if the pursuit of money income as the goal, it is best not to work for the legal person, after all, there are many high income industry, both from the international perspective, or from a domestic perspective, a successful lawyer always judges of the high income, to USA Federal Supreme Court Chief Justice Roberts for example, he was as a lawyer during the annual income of relaxed million dollars, and served as the chief justice, only $200000, so the money should not be the pursuit of the goal, the poetic couplet of Whampoa　 military academy, should become the judge taboo: win promotion and get rich portrayal please go the other way.

   If because of personal reasons, need to earn more, please consider leaving the judge this occupation, several senior judges to the Supreme Court's recent quit in PetroChina, Sinopec subsidiary CLO competition and be successful, compared with the central enterprises CLO, the income will be much lower.

   In fact, for judge, the more should be a kind of job satisfaction, often make a good referee, solve a both painful dispute, write a classic decision, to determine a line with the actual rules, it is worth us to sacrifice, the judge work, people want justice, "religion in its own orchestra" fame, why?

   Cynicism leads us to ignore the significance of transverse ideal, but the ideal is the meaning of work, in their daily work, I met many good colleagues, in micro-blog, I also met the daily work are still stuck to the judges, they do not play, not anger, calm and self-restraint, to adhere to their own direction, it is my study example.

   To determine the students future judges, please carefully consider whether you can stick: belongs to the ideal of the rule of law?

 

Two, modesty

   Many people ask me: what is the most important quality? Perhaps I am wrong, but I always thought is humility.

   The quality of the first reason is important because the judge's mission is "the referee", therefore one of the most important tasks of the judge is "listen with an open mind", listen to the views of the parties involved in litigation. At the same time, in the modern society, the judge (more precisely, the court) is all branches of government in the most weak institutions, it has no money, no weapons, it only all power is to persuade, just rely on reasoning power, modest in the face of the parties appeal, can make their own decision to obtain the public and client support.

   Therefore, this modest asked the judge at any time should not be able to "truth in hand, the world I have" attitude of all Lai Junlin. Indeed, from the perspective of modern judicial system, judges are final judicial activities, so usually think: the law is the judge declared legal, so Cicero once said, "the judge speaks the law, the law is not to judge." While the German jurist Ladd Bruch is more elegant pointed out: "the law by judges and came to earth", but as Jackson judge once said: "not because of my judgment was correct to finality, on the contrary, because my judgment is final so right." The final decision of the social power to judge enjoys the power, but if the judge because they enjoy such rights, you conceited, is the court's decision will soon be abandoned as disadvantages of shoe, and the social backlash will also destroy the court had weak authority, such as the Peng Yu case, so the judge. Warning: never to have "the power of self disorder", but should be humble in the face of our own power and the parties and the public's expectations.

   Learn humility, to learn to "listen to". In fact, in practical work, modesty can effectively help to judge the work, the task since it is centered decision, will listen to both sides expressed as the task of the judge, but the key is in the trial, we'll hear the tons of rubbish, the parties will always they think the most important thing "indoctrination" to judge, or because they do not understand the law, or is intended, the parties and even part of the lawyer or constantly entangled in some irrelevant details, or will some questions again and again, this requires the trial judge had higher ability to control, through the trial listening carefully, the realization of the three Objective: information filtering can be independent of the first trial, and let the accurate expression of demand and their own reason; second is through listening and observing the party's appeal, the establishment of "proof", determine the results of action; third by listening to both reason and motivation, enrich and perfect their decision, especially to improve the decision reason their.

   Learn to be modest, but also learn to understand. We will encounter all sorts of situations in the trial work, meet the world imagined ghosts and monsters, used to see the ways of the world, at this time, I suggest learning old Mr. Chen Yinque proposed "sympathetic understanding", to which joint, of course do not "substitution", substitution will let you produce unnecessary sympathy, for the parties but look coldly from the sidelines at related problems, stop thinking, in the perspective of the case only in this way, we can finally discover the facts.

   Learn to be modest, but also learn to forgive. As a period of social transition of the judges, easily misunderstood by people, there may even be blamed for whatever one does, carelessly a bit of work, may be the parties and lawyers to misunderstanding and even criticism, which requires us to more rigorous treatment is our work, tolerance in the face of all this, the authority is not a day can built.

 

Three, methods

   Many people have asked me: how to be a good judge? In fact I think to ask more accurately should be how to become a good legal person?

   I'm not a successful legal person, scholars and lawyers in micro-blog compared to many successful, I had a lot to learn, but in my years of studying law experience, there are a few points to talk about.

   1 please note the comparative law study: from the strict sense: China legal system, legal system and legal theory is borrowed from the west, since 1905, the history of the famous "Chinese legal system" has already died. Therefore, in any form to advocate "the modern legal system Chinese characteristics" digestion should have meaning, not ignorance, is a shameless (the most classic is the mediation). Therefore for judge, we need the support of legal system modernization, not excuses Chinese characteristics, to avoid judicial reform should be. But for the interested in legal work of the people, the comparative law study is the priority among priorities.

   2Please pay attention to the basic theory of law of learning: now China Court stressed the mediation, in early 2010, I heard that the central province county court declared to establish zero judgment rate, leading to many judges for learning the basic legal theory of interest lack, when the court as "mediation Institute", the law itself is meaningless, then why should we to learn such a complicated theory? But I still think: at present the court mediation system for praise, is a misreading for court functions[1]This misunderstanding, along with change of social governance ideas and will be corrected, in other words, the current approach is not sustainable, the court's most important function is still "settlement of disputes", "rules", and the court to achieve this function very well, we must return to the laws.

   For legal person, master a solid foundation of legal theory is required, especially for the judges, along with the social contradictions intensify, increase the types of contradictions, the desire to maintain the rights of the poor, and the authority of the judge, has asked the judge to strengthen the ability of reasoning of their own, in the long run: the court and judge's authority based on the judge's ability of reasoning, only through the full argument, we can explain the sentence meaning, persuade the parties to respect and implement the corresponding decision.

   From this point of view, I do not agree with the court to take the "answering questions after judgment", firstly this answer in itself shows the reasoning of the judgment is not sufficient, so that in the judgment, need to answer to doubts, secondly if factors on decisions are interpreted, the decision itself is unable to explain things clearly, believers Hanson, infidel constant not letter, answering questions after judgment also can't explain, but let others feel "to explain is to conceal," fail to achieve the desired effect. Therefore, "the judgment, the judge without words" should become a basic consensus of judicial ethics.

   This requires the judges must have a solid foundation of law, analysis of legal problems in the judgment, stand must be more than parties and lawyers are high, look than the parties and lawyers far, it requires judges to treat the parties and their lawyers to appeal, explain agree or disagree reason carefully at the judgment, and to the fact to make more explicit explanation for legal interpretation, more accurate.

   For the civil and commercial law, I especially want to say a few words: several times during the micro-blog and colleagues discuss, some peers for methodology of jurisprudence learning not to regard it as right, that is not used in the current trial practice, I strongly oppose this view, I have all kinds of judgment to read all the courts, have found an interesting phenomenon, although not universal, but meaningful, is occasionally see a case, grass-roots hospital's decision is correct, and then to the error, there are many reasons leading to this situation, there is a very important point: often base layer court judges the degree is low, in the case will his intuition to make a judgment, the results conform to the society's aspirations for justice, but the judges in the house of higher education, to use legal methods to make decisions, but because learning is not in place, but the problems. A typical example is the case of Peng Yu, there are many counterparts for the case of the first instance judge later, this judge is a master of Laws degree in origin, not low, also have certain theoretical foundation, then his where is the problem? The methodology of jurisprudence learning is not in place, analysis, reasoning problems, negligence and the trial work, the final decision can not be convincing to the public, a mistake. With the deepening of social contradiction, the new cases continue to occur, the lawyer has improved continuously, put forward new requirements for our trial level, it requires us to strengthen the methodology study, strengthen the reasoning ability.

   3 please pay attention to the legal norms of learning: in court during the work, has seen the lawyer acting words "in accordance with the relevant legal provisions" such a statement, also saw a judge ruling direct write "according to the laws of our country" that statement (to say: with the court for judgment is becoming more and more strict, such the situation is less and less), every time I see such a statement, I would like to ask: "the law?!" The current our country college education, focus on theoretical study, neglect of practical training, one of the most important omissions, or ignore cultivating students' ability to "find". I especially remember Mr. Wang Zejian talked about the first time he see Mr. Larenz's class story, class, Mr. Larenz asked him a case, Mr. Wang trembling with fear answer: Decision Based on tort law; Mr. Larenz to ask him: please tell me, according to the "Civil Code" which one? Mr. Wang gave the answer: 823rd; pull Sir ask: its right is the normative basis of article 823rd, or after? This class gave Mr. Wang Zejian very deep impression, but also gave me great influence. We are saying: the legal person to have legal thinking, legal thinking is the core of "process method", whether I am in law school, and then attend law school curriculum, found the law school teachers in teaching of law course, also accustomed to not talk about the current laws, do not talk about how to discuss how to find the law, still surround the law theory to the analysis, such as "a room two sell", will discuss the juristic act of real right and creditor's right to the effect and relationship, the relativity of contract, the effectiveness of the contract and so on, no one will mention "Contract Law" eighth, 44, 107, 110, 113, "property law" sixth, 9, such as the provisions of article 106.

   Will some scholars pointed out: our legislative problems, causing everyone to learn legal norms lack of interest, but the law should be a practical science, but should be localized knowledge, in other words, only to understand and study the localization of legal norms, it has its practical significance, legislative quality difference, for judicial work put forward higher quality requirements, requires us to a more accurate grasp of the methodology of jurisprudence knowledge, understanding of the legislative intent of more accurate, more accurate and applicable laws and make sure the facts.

 

Four, pressure

   Chinese judges face the world judges never face the pressure, it is every hope that should be aware of the work of students in the future.

   This pressure not only from inside the system, but also to autologous system, but also from our own.

   Our current system not only to establish judicial and judicial authority to provide enough, sufficient political support, on the contrary, that our country's present political system: the party is the source of all justice, the court is the realization of justice under the leadership of the party, in the whole constitutional, no justice to the court, therefore justice, but also the kindness of the party, but when the party says it is not justice, and not left to the courts to challenge the space[2]. Arrangement of this political system is the outcome of the court is unable to obtain the independent judges political support for the remaining, must also bear the judicial public criticism, unfair when necessary, even also needs to undertake the corresponding political consequences.

   Not only that, due to the public for the judicial unjust criticism, strong, leading to the party and the government administrative reform by strengthening the court for judicial restraint to highlight the injustice, some reform constitution support, such as the supervision of the procuratorial organs to strengthen, some lack of constitutional reform support, caused controversy in succession, such as the National People's Congress for the case the court trial supervision[3]At the same time, eager to obtain, the trial court in the lack of legitimacy of political and constitutional government support, in order to reduce the public criticism for judicial injustice, also strengthened the tendency of reform of internal administrative examination and approval system, case, on the lower court request system has not weakened, but significantly enhanced, at the same time as part of the judicial authorities do not know the law, its initiatives but further destroy the judicial authority, such as the Henan High Court "misjudged case lifelong accountability system" (estimated to Henan High Court leadership will "is the law" science is in doubt as engineering science in Architecture)[4]"No litigation, the high court of Fujian" (this is the year of the legal profession "Dutch act of attacks") is the example, and more "dislocation of trial management system"[5], this a series of management system introduced, showing the judge distrust[6].

   In fact, what we need is calling for judicial responsibility system suitable for the judicial activities of the law, through the establishment of the responsibility system, strengthening the hearing the judge's responsibility, while avoiding the invalid supervision and supervision.

But more than that, only recently become aggravated, the court in a case: is the embodiment of the current social some alien force, first the alien force in politics on the dislocation for political positioning on the court, we must ask: court is the organ of dictatorship? The public security organs, procuratorial organs, but the court is? From the court's social function, it should not assume this function, function of it is, can only be "to resolve disputes, to determine the rules", so a good understanding of civil, criminal also should understand, that the court would have is award made in the fairness between parties, and make a decision on the related the rules, as for the "crime", should not, also cannot become the court's function, this is with the public security organs, procuratorial organs are different (it is based on the understanding of the function of the procuratorial organ, I can understand but not understanding "Li Zhuangan" prosecutor, because the public prosecution is its responsibility, but in the trial especially in the trial finally way too bad). But this function is at present and position of realistic politics. There is a great difference, causes the court in practical work hard, be thrown into a panic, especially in the trial of criminal cases is the most important.

   But with the establishment of civil society and market economy, the social public to the court and operate in accordance with the demand of modern rule of law, called on Japan, also is different with the procuratorates and the public security organs, the workings of the court is a considerable part of the reveal to the public, such as the investigation of public security is relatively secret, there is no obligation to explain its decision process to the public, and the authorities also is, the decision of arrest and prosecution, no need to fully explain the reasons, but the court, in addition to the law can keep a secret, if the collegial panel discussion, other work, such as trial, judgment all have to be disclosed to the public, and elaborate on the reason, the court has the duty to accept the public question, especially in the present judicial authority is not trusted era, even to award, bad attitude will be criticized (think of a few days ago in micro-blog, Chaoyang court in Beijing, a legal aid cases, judges according to the provisions of the Beijing High Court made the procedure verdict, according to the lawyer, judge's attitude is not well, it is still micro-blog mass criticized, is the case), the system pressure with the micro-blog network engineering With the continuously enlarged, will give the court work put forward higher requirements, put forward higher requirements for the quality of judges, the trial control ability, the judge will also face greater pressure.

   But I want to say, in fact, both within the system and outside the system pressure, the pressure, I do not fear the most, I'm more worried about is the judge's knowledge reserve is not enough to cope with the ever-changing society, social transformation lead to changes in many of the new situation, also produced many new problems, new case, these new cases of judges have more extensive knowledge, processing is careless, the court's authority blow is fatal, for example:

   LThe commercial trial appeal for rule of equal competition: this kind of case is only the horizon, has caused great controversy in the "Wu Ying case" and "the 360 and QQ litigation case", the former is the existence of such disputes, in fact, and the judicial activities relationship is not big, but in the position to the neutrality act in criminal legislation, financial legislation in China, take the "industry admittance protectionism", the law is not for the purpose of promoting the development of the financial industry, but in order to protect the interests of the monopoly of state-owned financial institutions, the existing legal provisions and the serious gap between public desire for fair competition, eventually led to the public questioned for the outcome of the trial; the latter reflects with the development of network economy, the competition is increasingly complex, the court must make decisions in fair competition and legal monopoly, and this kind of judgment is a judgment for the related technology based on the value of, a little careless, make wrong judgment, may lead to development of stagnation, but the more important thing is: these decision rules are built for commercial activities, its society effect will seriously affect the quality of the development of related industries, the Cases are not only familiar with the business management knowledge and technical knowledge, more creative for legal interpretation, to develop a "good" rules.

   LMultiple values for the legal challenges: the diversity of values is the social transformation should have meaning, but it also bring new problems in judicial work, a time to read all basic and intermediate court, now that the court, citing frequently like basic principles of law to rule, the reasons leading to this situation occurs is many sided, legislation is incomplete, not rigorous, new problems emerge in an endless stream and so on, but the application of legal principles of case a direct result will have to be the judge of values into consideration, not dare we say: judge values must conform to the mainstream of social values, even represent the mainstream of social values, so some decision agree with the social expectation, some are not, such as Luzhou kept woman will case, after the judgment which have, the reasoning of the judgment itself lacks persuasion, social effect is very difficult to very good, is the case.

   LCommunity autonomy and legal limits of intervention: with the establishment of civil society, to the public the autonomy oriented associations will play a more and more important role, and associations to play its due role, is a prerequisite for encouraging community autonomous role. But it also raises a question, how to balance the relationship between the community autonomy and legal intervention. For example, a few days ago, a micro-blog big lawyers said: he will act a university teachers title evaluation against a well-known colleges and universities, this case does not seem a suit, but I have a question: if the case in a suit, the final court decision, regardless of who wins and who loses, whether for "constitute infringement academic freedom"? (Note: for this question please do not from the administrative law, the administrative law in our country for the positioning of the freaks, please consider. From the angle of constitution) But along with the increasing of community, community status in social life is becoming more and more important, similar problems will emerge in an endless stream, the court when how to define their own position?

   LRelated to religious affairs trial business: there are a class of case in the future will also test the court, is involved in religious cases, currently involved in religious practices of property disputes, relying on the existing legal norms to resolve relevant disputes, these disputes is relatively easy to solve. But I fear most is to legitimacy for religious doctrine of judgment, especially Tibetan Buddhism, but also relates to the ethnic problems, especially difficult to deal with, I always think: unlike the Xinjiang problem, the essence of the problem in Tibet is cultural issues, cultural issues may translate legal questions, such as "the wisdom of the trial court, sky burial is legal?" "When believers will require its own bones with practice and Dutch act, whether can? The will is valid?" And so on, and there are similar problems may involve animal protectionism case.

   The problem is one of the problems facing court will tip angle, for judge, more terrible is: the problem solving knowledge, we cannot be supported in the legal academy. At present academic circles in particular legal academia still meet to the research of law system be content with staying where one is, "run into a unified story, it spring summer autumn and winter, the lack of legal thinking" for the realistic social problems, the research is full of indulge in self-admiration law, self responsibility is full of knowledge, for judge, rare and achievements beneficial the marriage law support, our solution three dilemmas in fact is the problem description.

   Therefore, a key question now: on the one hand, people give judicial injustice, spurned by the judicial authority, on the other hand is the desire of people to the judicial relief, through judicial activities to achieve social justice, this paradox is this true portrayal of the social transformation. It is this paradox requires judges to survive in the cracks, double pressure within the system and outside the system, to be their own share of the ideal, the share of responsibility, that belongs to the future.

 

Five, hope

   "Shuangcheng" the opening has said: "it was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness; it was the epoch of belief, it was the period of doubt; it was the season of light, it was the season of darkness; it was the spring of hope, it was the winter of despair; people had everything, people have nothing at all; we were all going direct to heaven; people are straight to hell."

Facing the transition of the Chinese, each of us deep negative responsibility, for judge, how to do our own work, organize trial, to write a good sentence, the realization of social justice, through the case trial and that, as for the other, I asked. Therefore, we expect that the students are interested in this great country realize the objective of rule of law can become our companions, in order to day a bright future, I would like to quote "long live youth" verse to future judges:

"All the days go, go,

 I am happy to move forward in life,

 More heavy burden I not feeble,

 Many serious battle I will not lose face;

 One day, finished cleaning machine gun, finished cleaning, wipe out the sweat,

 I miss you, greet you,

 And with pride, to watch you."