About the writing system and content of this book. Being a Lawyer is another new work after Defense, Agency and Pursuit of Justice edited by Zhao Jianping. This book features articles in which the author participates in discussing state affairs and handling typical cases. It has strong authenticity and practicability, reflects some phenomena in China's economic and social transition period, and shows the work done by a practicing lawyer to safeguard social fairness and justice and build a harmonious society. This book is definitely not a sit-and-talk by experts and scholars, but a close combination of theory and practice. It is based on profound legal knowledge, based on the current social situation in China, and "discussing law outside the law", and summarizes a set of political and legal practices suitable for China's national conditions for readers. ?
The first part is about discussing politics. It introduces some excellent proposals and his special speeches and political articles written at the CPPCC meeting in Hainan for six consecutive years in the eight years since the author became a member of the CPPCC in 2003. He sincerely pays attention to people's livelihood, makes in-depth investigations and studies, and pays close attention to social hot and difficult issues. ? For example, the article "Reflections on Establishing Socialist Concept of Honor and Disgrace and Socialist Concept of Rule of Law" is a report made by Zhao Jianping at the meeting of establishing socialist concept of honor and disgrace and socialist concept of rule of law in the lawyer industry held by Haikou Municipal Bureau of Justice. For example, during the second session of the Fourth CPPCC Hainan Provincial Committee, Zhao Jianping wrote a proposal that the People's Court should adopt lawyers' legal and well-founded defense opinions, which attracted the attention of the Higher People's Court of Hainan Province. In its reply to the proposal, the court said that people's courts at all levels must pay attention to adopting the legitimate and well-founded opinions of the parties, their defenders and agents ad litem in the trial work. In particular, Zhao Jianping's speech at the Hainan Provincial Political Consultative Conference for six consecutive years has attracted great attention from the leaders of the Hainan Provincial Party Committee and the provincial government. For example, in view of the increasingly serious problem of letters and visits, in 2005, Zhao Jianping made a speech on "Suggestions on Solving the Problem of Letters and Visits by the Masses from the System" at the Third Session of the Fourth CPPCC Hainan Province, which was fully affirmed by Comrade Wu Changyuan, then member of the Standing Committee of Hainan Provincial Party Committee and executive vice governor, and made important instructions. The proposal was later rated as an excellent proposal by the CPPCC Hainan Provincial Committee. ?
The second part is about safeguarding rights, including major cases represented by Zhao Jianping in recent years. Taking clear criminal defense and civil administrative agency as the main line, this paper tells the case introduction, defense words, defense (agency), judgment and enlightenment of handling cases, bringing readers into vivid judicial practice. ?
Many major cases and personal feelings handled by the author are different from the hearsay of "takenism", which has strong persuasiveness, can prevent readers from making the same legal mistakes, and also provide young lawyers with the golden key to start their lawyer career. Through the process of handling cases, readers can appreciate how the author hit the nail on the head in complex and difficult cases and how to argue in fierce court debates. ?
In criminal defense, the author can accurately form a defense point of view and has strong adaptability to criminal defense. For example, on June 5438+ 10, 2007, Lian reported to the public security bureau that Shen, the deputy general manager of a real estate company in Hainan, misappropriated the unit funds. On April 23, 2008, Longhua District People's Court heard the case in public and appeared in court to defend Shen, who was convicted of misappropriating funds and sentenced to three years' imprisonment. In the second trial, he continued to defend Shen, and finally the Longhua District People's Procuratorate made a decision not to prosecute Shen. After being held innocently for one year, one month and nineteen days, Shen finally got his freedom. Reading Zhao Jianping's forceful defense words, I was attracted by his clever defense angle and flexible court defense skills, as if I had been brought into a legal practice drill. ?
The author's court defense skills in civil administrative cases are equally superb. For example, in the case of "the dispute between true and false shareholders", after carefully checking and analyzing a series of evidences provided by the other party, the author pointed out that these evidences only have formal authenticity, but have no substantive legitimacy, and cannot prove the plaintiff's actual investment, and cannot be used as valid evidence, so the people's court shall not accept them according to law. The author skillfully used the evidence and relevant laws and regulations, skillfully used the evidence of the other party, and made a reasoned and restrained rebuttal, so that the other party did not have the power to refute, and the plaintiff finally had to apply for withdrawal. ?
It is particularly worth mentioning that this book stands at the height of political, economic, ethical, legal and social practice, exhausts the author's experience in discussing politics and lawyer career, and leads readers to practice again and again with rational discussion of political views, coordinated communication in line with national conditions, especially flexible court defense skills. It is definitely an excellent practical work to discuss politics and court debate. Once this book was published, it caused a great response. There is no commercial speculation and publicity, which is well received by readers and praised by all walks of life, with great influence. It has been praised by relevant people as "the pioneering work of China lawyers participating in the construction and operation of a society ruled by law", which has extremely high reference value and is a rare practical political and legal book. ?
About the author of this book. 1980, Zhao Jianping, who achieved excellent results in the college entrance examination, was admitted to Peking University Law School with his childhood lawyer dream. During his study in Peking University, he eagerly absorbed knowledge and nutrition and constantly enriched himself. After obtaining a bachelor's degree in law from 1984, he obtained a master's degree from our school and a master's degree from 1987. After working as a university teacher for five years and a government civil servant for two years, Zhao Jianping finally realized his childhood dream at 1995, became a practicing lawyer, and started the accelerated stage of his life journey. ?
Since becoming a lawyer, Zhao Jianping has been determined to be a good lawyer. He believes that lawyers are not businessmen, nor are they just "legal craftsmen". Lawyers should have the courage to undertake social responsibilities and a clear political mind. In practice, lawyers should organically combine safeguarding the legitimate rights and interests of clients with safeguarding social fairness and justice and the correct implementation of laws, and shoulder the sacred mission of promoting China's political civilization, democracy and the rule of law under the correct leadership of the China Communist Party. Therefore, while undertaking heavy lawyer work, Zhao Jianping still enthusiastically participated in social work and fulfilled the social responsibility of an excellent lawyer in the new period. ?
As a practicing lawyer who holds several posts, Zhao Jianping still insists on writing and revealing to the society what he has seen and heard in practice and what he feels in his heart after his busy work and official duties. This spirit is commendable and admirable!
Wang Jianrong (the writer is a senior legal media reporter)