Xinhuanet Zhejiang Channel, July 19 (Jin Tan Peng You) Lou Xian is immersed in his law firm's Civil Litigation Claim for Victims of Bacteriological War by Japanese Invaders at the West Lake, at the northern foot of Wu Shan. Originally, this first-class lawyer could sit leisurely in front of the French window of the office, enjoy tea and watch the scenery, and at the same time direct his colleagues to work and earn money.
However, he said, "I come from China, and I have a sense of social responsibility. As a lawyer, I can't watch my folks keep silent in the shame of history. I hope I can do something for history. "
Lou xian thus became the legal adviser of the plaintiff group of the Japanese germ warfare invading China.
"Loud Voice" shouted out the strongest voice of lawyer China.
Louxian looks very "China", regardless of body or appearance; But loud voice is a little different from "moderation".
On August 27th, 2002, Zhejiang lawyers, including Lou Xian, went to Japan to attend the first-instance judgment of Tokyo District Court on the case of victims of bacteriological warfare.
When he entered the court, Lou first went from the public gallery to the plaintiff gallery-he didn't quite understand how he got around it.
Lou Xian found it convenient to approach the judge from the plaintiff's bench. He thought that if the court ruled that the plaintiff lost the case, he would submit a protest to the judge in court. Sure enough, the judge declared that the plaintiff lost the case. Louxian immediately asked the head of the lawyer's solidarity group stopped by the railing outside the plaintiff's seat to hand him the protest, but the head took the wrong bag when he went out in the morning-the protest was left at his residence.
"What a good opportunity to protest in court! Unfortunately, I missed it. " After nearly three years, Lou Xian is still very sorry to mention this matter now. But he was still unwilling, and immediately sent someone to get the protest.
In the afternoon, the plaintiff group held a Chinese and foreign press conference in the Tokyo lawyer's office, which was presided over by the Japanese lawyer of the plaintiff group, Ichise. Under this arrangement, no one spoke. Lou Xian is determined to speak. Not knowing Japanese, Lou Xian made a gesture to Yise-pointing to protest and pointing to himself, meaning: I want to speak! Therefore, Lou Xian read a protest at the press conference.
"I was so loud that the microphone buzzed." Lou Xian said that he was so excited.
After the reading, the protest representing more than 4,500 Zhejiang lawyers was formally submitted to the Tokyo District Court through Sese.
The next day, Lou Xian shouted in the Japanese parliament: "This lawsuit is to solve three problems: whether the Japanese army conducted a germ war in China; Whether there is a causal relationship between germ warfare and casualties in China; If so, will the Japanese government pay compensation? Now, although the first trial lost, but our requirements have been partially met; The court admitted that there were germ wars in China, Zhejiang and Hunan, which were related to local casualties. The court also held that the Japanese government should bear the responsibility for war, but should not compensate. "
Lou Xian's analysis of the first-instance judgment greatly inspired the fighting spirit of the plaintiff and Japanese lawyers.
Lou Xian's loud voice is also famous.
The hard evidence of "blood map" made Japanese judges dumbfounded.
In a conspicuous position in Lou Xian's office, there is a large photo-on the evening of October 28th, 2004/KLOC-0, 65438, Wang Xuan, head of the plaintiff group of China victims' lawsuit against Japanese invaders, Lou Xian and some plaintiffs and
On June 4th, 2002, at the 165438+ held in Chongshan Village, Yiwu, Lou Xian, the legal adviser of the plaintiff group of the victims of the Japanese war of aggression against China, pointed out: "What we need now is more lawsuits-hundreds of lawsuits!" (Reporter Tan Jinshe)
Japanese lawyers held a banner parade in Ginza, Tokyo, with Lou Xian carrying a roll of things on his shoulder. Take a closer look, it is "the main distribution map of plague death in Quxian urban area in 40-4 1 year".
Lou Xian introduced that after "August 27" lost the first trial, the plaintiff group discussed with Japanese lawyers and asked him to testify as an expert witness in the second trial-to prove the fact that the Japanese invaders released Yersinia pestis in Qu County, Zhejiang Province on June 4, 1940, which caused many civilian deaths.
To this end, since February 2003, he has repeatedly visited Quzhou and other places for field research. During the Spring Festival in 2004, Lou Xian wrote a 654.38+05000-word appraisal report on civilian death caused by Yersinia pestis airdropped by Japanese invaders in Quxian on June 4, 2004 +0940.
Lou Xian learned that Japanese judges like simple maps and tables, and it is best to be visual. So, he made 8 maps, 6 forms and 28 pictures of the victims of Japanese germ warfare in Quxian. In order to make a map of the victims with the size of two desktops, Lou first spent a lot of energy: he first found the director of the political department of Zhejiang Surveying and Mapping Bureau and asked him for help. The director was assigned as a task to the director and engineer of the Surveying and Mapping Branch. Lou Xian compared the map of Quzhou with them, and drew the old street of Qu County bit by bit, and made eight pieces in one * * *. The Bureau of Surveying and Mapping couldn't make a big picture, so Lou first chose one of them and spent 500 yuan to let an advertising company enlarge it.
Lou Xian marked the people who died of plague in all parts of Qu County on the map. Several people died somewhere, and several little red dot were in a landmark. The result surprised him-Quxian county was almost dyed into a large piece of blood by the dense little red spots.
On1October 22, 2004, 10, Lou Xian took this big "blood map" to testify in a Japanese court. Unexpectedly, when he first arrived at Pudong Airport, the security guard asked him to open the map again and again, fearing that there were contraband inside. On the plane, the air marshal "kept" the map; He walked on the streets of Japan with a "blood map" on his shoulder, and Japanese people passing by stared at the traditional Chinese characters on the "blood map".
10 18 In the afternoon, Lou Xian appeared in the court of Tokyo High Court with his head held high. Lou Xian spoke at the top of his lungs in court.
In the past, witnesses in China were often silent. Japanese government defense lawyers thought Lou Xian was "crazy" and simply picked on him-pointing to the information in front of Lou Xian and telling the judge that he was reading it. According to Japanese court regulations, witnesses can't look at the information when they speak. In fact, Lou Xian is pretending to bring materials. He handed in the folder with a bang, still talking loudly. "The defense lawyers of the Japanese government can only stare."
A colleague reminded him: keep your voice down. Lou Xian didn't stop talking. "I finally found the opportunity, why can't I speak confidently? My voice is so loud that even the Japanese support group in the gallery can hear it. They are very happy to applaud me. "
Speaking of the key points, Lou first launched a "blood map" in court and told the judge that this was the hardest hit area where Japanese planes spread the plague. This red area indicates how many people died in a street in Quxian County. This area is an isolated area ... The Japanese judge suddenly became dumbfounded.
Scientific investigation makes germ warfare litigation more professional.
Lou Xian learned that in the past, the plaintiff in China went to the Japanese court to state the facts of the victim, and the emotional victim cried in court because there was no written material, but the Japanese judge wanted to hear how you were victimized in that year. Otherwise, it is difficult for your crying to become strong evidence, nor can it be kept as a court file. Therefore, Lou Xian proposed that the plaintiff's second-instance statement should be straightened out by him, such as what is germ warfare, what is victimization, and what is germ warfare victimization investigation. These definitions took him a lot of time. He proudly said: "I basically sorted out the materials of the second trial of Zhejiang victims, one for each person, 10."
Lou Xian found that due to the long history, some details were not clearly remembered by the victims themselves, and even the time and place of the victims were inconsistent. For example, there are three versions about the source of plague in Chongshan Village, Yiwu: brought by railway workers; Traitors scattered in the village; Japanese planes spread at high altitude. Many local investigators are also puzzled by this-we have been investigating 10 for years, why can't we form a fixed statement up to now?
The lawyer's intuition told Lou Xian that he must first find out the source of the germ warfare of the Japanese invaders in Yiwu. He collected all the relevant information for research and digestion; I made a special trip to visit a high school classmate who worked as an infectious disease doctor in the Provincial People's Hospital to solve my doubts. And took this classmate * * * to Chongshan village for field investigation, so that the old people in the village could recall and consult the existing materials, and so on. Based on the facts, the statement that Japanese planes spread Yersinia pestis at high altitude was finally determined.
Lou Xian said: "A witness said that the victim was infected while taking a bath in the reservoir, so I will investigate how far the reservoir is from his home;" Why in this pond, not that pond? Is it near this pond or that pond to take a bath when you come back from the ground? For another example, where did the first person die? Does the distribution of victims conform to the epidemiological law? Wait. "
He believes that the victim's name, gender, address, the relationship between the plaintiff and the victim, and the causal relationship between the victims must be investigated in detail. Sometimes, in order to determine the location of a victim, he has to consult many previous county records, archives and newspapers to find clues from a large number of historical materials.
With a master's degree in philosophy of science and technology and the professionalism of lawyers in handling cases according to law, Lou Xian finally compiled and wrote "Investigation on Victims of Bacteriological War in Chongshan Village, Yiwu City". In this regard, he repeatedly stressed: "This standard version is very important. In litigation, the facts must be ascertained first, not corrected by future generations."
Lou Xian is not satisfied with the standard version of Chongshan Village. He, Wang Xuan and others are planning to formulate a set of standard methods for investigating the victims of bacteriological warfare by Japanese invaders-they believe that "the investigation of victims of bacteriological warfare should not only know what it is, but also know why."
At the turn of spring and summer in 2003, Lou Xian closed the door while making SARS. First, he carefully combed his half-year-long investigation practice in Yiwu, Quzhou and Lishui, and then made up the basic knowledge of biology, epidemiology, preventive medicine and other disciplines, and carried forward the spirit of "tackling key problems" in writing a master's thesis 20 years ago, and completed the first draft of "Survey Outline for Victims of Bacteriological War" with more than 5,000 words in one breath. From "how to determine what kind of infectious disease it is", "how to determine the victim", "how to determine the victim's relatives", "how to make investigation records" to "how to notarize", standardized methods are provided for the victims of bacteriological warfare.
Interview notes: passionate lawyer
Xinhua News Agency reporter Jin Tan
"Litigation is like a ship sailing in a glacier, breaking the ice." Wang Xuan, head of the plaintiff's group in China district of Japanese germ warfare against China, said.
If Wang Xuan is the captain of this lawsuit ship carrying the murders of countless victims of germ warfare, Lou Xian is the helmsman to ensure that this ship always breaks the ice along the legal route.
People once commented on the contribution of "A Portrait of a Man Traveling from South to North"-the most rare thing is that he can still wander among rigid legal provisions and show his true colors.
With this passion, as early as 1987, he acted as an attorney for an old farmer in Cangnan County, Zhejiang Province, who was the first farmer in China to sue the county magistrate.
With this passion, he immediately told Wang Xuan, "The blood of China people has never been cold, and we will move on."
With this passion, from the first day he joined the germ warfare lawsuit, he put aside many economic and legal affairs and fulfilled his social responsibility of fairness and justice as a lawyer.
With this passion, he said bluntly: "What is the purpose of this lawsuit?" On June 4th, 2002, held in Chongshan Village, Yiwu, at the "Unity Meeting of Second Instance Litigation of Victims of Bacteriological War's Claims against Japan". Just a few dollars? Just asking the Japanese government to apologize? Don't! What we want is the dignity and equality of China people. Only on the basis of equality can the two peoples be friendly from generation to generation. "
On September 18, 2004, Lou Xian said excitedly in "The Present Situation and Prospects of Claims against China by Victims of Bacteriological War in Japan" that the lawsuits of victims of bacteriological war should be filed with the United Nations Human Rights Commission-"Foreign governments that commit crimes against humanity should give up their sovereign immunity. At any time, the victim can file a claim with this foreign government in any court. " At the same time, he also put forward very rationally: "The germ warfare claim should form a joint force with other Japanese civil claims against China, so as to urge the Japanese government to solve the civil compensation problem politically and economically after China War."
In addition to passion, there is a sense of mission, values and perseverance. This is Lou Xian, a China lawyer who dares to stand up for the just cause. (End)