full page reports the lawyer" TITLE=""Zhejiang legal newspaper > full page reports the lawyer" />"You choose law as necessary, do you think a lawyer when needed, you to trust me, I give you hope, our common belief is -- even if the sky falls, also will bring justice to adhere to in the end." The first impression Zhejiang Chengyuan lawyer Zheng Huajian gives a person is reserved, but his practice is so extremely elegant and valuable.

After university law atmosphere nurtured Zheng Huajian, after leaving school directly into the legal profession. Although the ideal and the reality of a lot of difference, but with the persistent pursuit of the justice of law and a strong sense of social responsibility, his business 7 years, to nearly 60 legal aid cases, run by a party to the case have added to his praise. With help from the enthusiastic and stand on solid ground work style, in recent years he has won the "Quzhou disabled persons' legal aid advanced individual", "Quzhou top ten lawyers for legal aid" and other honorary titles.

Facing reporter's interview, Zheng Huajian appears a little feel shy. He said: "I dealt with the case, not what is very shocking cases, he has not done systematically. But one thing is for sure, that every time, undertake their legal aid cases after winning the lawsuit, which is different from the general joy and inspiration, will become dynamic, pushing me to go on."

Not good for small

　　

Engaged in the legal profession for 7 years, the social responsibility heart feeling as in the past. Actively participate in legal aid work, and earnestly safeguard the legitimate interests of vulnerable groups, as they hold up a blue sky of justice -- the seemingly simple words, condenses to pay too much. All the time, try to practice this sentence, I insist on being engaged in the legal aid belief.

From the time just got the lawyer license, I try to contact the legal aid cases. Perhaps many people will think, a lawyer is unlimited scenery of the occupation, occasionally do public welfare, is the icing on the cake. In fact, many small lawyer's life is very hard, I am no exception. At this time, for a lot of effort and harvest it is difficult to directly proportional to the legal aid cases, may be a test for the young lawyer. It is from then on, my consciousness formed a now looks very correct idea: the reception party never because of something small and not for, not because of no profit but not connected. As long as meet the conditions of legal aid, to try to help the parties to strive for, conscientiously do a good job in every legal aid cases.

In 2003, 67 year old Chen Laotai was wounded and sued to the court for neighborhood disputes, litigation request is only medical expenses 600 yuan. The case before and after the police station mediation dozens of times, has not been able to obtain a satisfactory result. The man in the show, Chen Laotai into the legal aid center of Quzhou city. I accept the assignment agency after the case from the court, only 3 days, and at that time, the plaintiff Chen Laotai presented no evidence, the defendant denied Chen Laotai statement.

My heart is very clear, the court in this case, Chen Laotai will lose. Although the time of the incident, Chen Laotai reported to the public security organ case, but because the witnesses and the accused knew, unwilling to tell the truth, the police station has not been able to get any valuable evidence. Now, as a lawyer, I'm going back to survey, one can imagine the difficulty.

Due to time constraints, in an assignment, I side to the court adjourned for investigation and evidence collection, the side quickly. Visit after 5 days of talks, and dozens of people at the scene, finally locking of two key witnesses. At the beginning, many door to do the work, they are gently shut sb. In desperation, I had to find the village cadres together mobilization, under the legal reason act tough and talk soft, finally let them tell the truth, and persuade them to testify. The court, in contrast, conclusive evidence of the defendant is speechless, finally bowed his head, admit wounded Chen old facts, and take the initiative to 600 yuan compensation to the court.

Chen Laotai get the hard won compensation, excitedly holding my hand, The old man wept bitterly. A helpless rural old man, to fight for the legitimate rights and interests of unremittingly, this spirit is really make people admire and moved. The court or lawyers, this may be a small cannot again small case, but for nearly seven years of age, is a big thing. It is in that moment, I suddenly feel, a lawyer must place oneself in others'position for the sake of the parties, legal aid is no small matter.

　　

　　

　　

Careful changes to reverse the situation

　　

Man is a 15 year old high school student, his mother because of stomach disease hanging saline in a clinic, a few hours after the untimely death. Soon, his father for theft was sentenced, he became stranded "orphan". Small a relative generation Xiaowen application of medical accident identification to the Health Bureau, after a year long city, Provincial Medical Association medical accident identification, results found: a medical accident, but the hospital to undertake a responsibility. Spent ten thousand yuan and appraisal fees, but received clinic only willing to 5000 yuan compensation for results.

Be isolated and helpless little man in relatives accompany below, find the legal aid center of Quzhou city. Central leadership attaches great importance to this case, special meeting of. Because I've successfully handled many cases of medical accidents, more experience, so I decided to assign me to manage.

In carefully read all the material Xiaowen, investigation and evidence collection necessary after, I drafted the indictment. The identification of medical accident, the hospital as a medical clinic, so write in the indictment, to avoid leakage defendant, I will medical outpatient department head and leaf and are listed as the defendant.

The morning of January 19, 2007, Kecheng District People's court hearing of the case. In the trial defense, the defendant for identification of medical accident conclusion no objection, but think: according to "hospital to undertake minor responsibility" to the conclusion, the defendant can only bear the responsibility for compensation under 10%, also argued to be the first defendant outpatient department responsibility, the second defendants leaf does not bear the liability for compensation.

But in the court, the defendant did not have the first defendant belong to the nature of the organization, to submit any evidence. The judge decided to temporarily adjourned, the facts clearly after the court. Something suspicious, the first time after the adjournment of the interior, I came to the health bureau and the commerce and Industry Department to verify the situation. After the survey, the name of the Department of medical clinic xiemoumou privately for external use, its real name is Ye Moumou clinics, belong to the individual industrial and commercial households, ye Moumou Department clinic owner. Based on this, I shall withdraw the medical clinic to the court, ask Ye Moumou shall bear civil liability for compensation. Such a small change, is the key to decide the case in favor of the.

In October 15, 2007 second, the court trial. During the trial, the defendant still insist on a reply, do not think the defendant xiemoumou responsibility; responsibility should be slightly below 10%; as the medical accident identification is the plaintiff to apply, the expenses shall be borne by the plaintiff to bear.

On the three point a defendant, I one one were refuted: first, provide xiemoumou clinic registration materials, as the individual industrial and commercial households owners should bear the responsibility for compensation; second, even minor responsibility, but in view of the serious consequences, should be more than 10% of the responsibility; third, because if there is a causal relationship in the case of damage behavior between fact and medical burden of proof in the appraisal fee, so the technical authentication of medical accidents and the authentication fee shall be borne by the defendant.

Finally, my view is the support of the court, a trial by the defendant xiemoumou bear 15%, pay 16273.30 yuan fee, technical appraisal of medical accidents and postmortem examination fee 9000 yuan to be borne by the defendant.

After the verdict, Xiaowen is not satisfied with the verdict, the appeal. I once again by the legal aid lawyer, do their work, the two sides finally reached a conciliation agreement. Compensation increases to 27000 yuan, while the defendant to bear all the costs of second instance.

　　

　　

　　

In the recipient sowed seeds

　　

Medical malpractice cases as the most complex cases in civil cases, many parties involved no ability to litigation, to provide legal aid to the "timely assistance". In this case the identification book although that belongs to the medical accident, but "hospital to undertake minor responsibility" conclusion on Xiaowen is extremely unfavorable, as an agent of I, in the case at the beginning, and there is no absolute grasp, think that is possible for the compensation for the party, but the final results gratifying.

Cases settled later, Xiaowen in relatives accompany specially sent a silk banner, a letter to "selfless dedication, to petition for the people". They hold a legal aid center led by the hand, repeating: thanks for legal aid to us. And that moment, this very pitiful child's face, and finally reveals a long smile. Looking at him, I really feel very happy, because I think, from that moment on, we are a seed in my heart for this child, a trust law to maintain justice seeds. Hope as he got older, the seed can germinate in his heart, growth.

To engage in legal aid work has been 7 years, the number of legal aid cases every year I handle has been maintained at around six or seven. Among them, a large part are let other lawyers at the "hot potato", to spend a lot of time and energy. But I think, I will still remain the same, strain every nerve.

Legal aid is not only lend a helping hand to the difficulties of the masses, the inspection is to some extent to a practicing lawyer in social responsibility. Safeguard the legitimate rights and interests of the parties, to defend the dignity of the law, is the professional standards of every lawyer should abide by. At the same time, I also hope that the lawyers and the whole social concern and help the helpless people, make the legal justice forever, make the society more love.

The words

This is a "sit in" column, in particular the introduction of "listen to your story". Maybe your story is particularly rough, maybe your story is especially moving, maybe your story inspiring. A story, a period of life. Mood hotline: 87054420, your story, I listen.

■ Zheng Huajian oral

Reporter Chen Lan finishing

 

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