Lawyer's character
Chapter 914 Something happened to the old club
Seeing Yu Wendong's hesitation, Meng Guangda explained: "In ancient times, there was a saying of 'outgoing rituals and punishment', and rituals are the standard for punishment. Although this is the standard of the feudal dynasty, there are many irrationality, but it is undeniable that 'punishment' is like It is a big tree, and its roots (that is, 'rituals') are deeply rooted in the soil (people's hearts), and it has influenced contemporary people's moral outlook.
If there is no "ritual", "punishment" is a rootless thing floating in the air. You can say whatever you want with two skins of a person's mouth, and there will be a situation like "you didn't hit me, why should you help me". This seems to be It’s a person’s words that are actually terrifying to think about. Do you think his legal foundation is not solid? Definitely not, it’s because he doesn’t have modern ‘rituals’ in his heart, he knows it but doesn’t know why.
Why the "Battered Women's Syndrome" can be applied to criminal law abroad is not decided by a certain legal expert or a group of legal experts sitting in an air-conditioned room and patting their foreheads, but by the justice in the people's hearts. It is determined by the moral standards deep inside. "
"Master, can things from psychology be applied to criminal law?" After a moment, Yu Wendong asked doubtfully.
"Well, how should I put it? Do you know about the lie detector test?" Meng Guangda asked.
"I know. But the polygraph results cannot be used as evidence in criminal cases." Yu Wendong replied.
"Yes, although the polygraph results cannot be used as evidence, they can help review and judge the authenticity of the evidence. Polygraph is the psychological theory used.
In fact, I personally believe that all disciplines have interoperability and reference, especially in the professional field. The complexity of criminal cases determines that it cannot be isolated and will definitely be applied to professional knowledge in other fields, such as DNA identification.
Our so-called disciplines are artificially separated. In fact, all knowledge is a whole. "Meng Guangda picked up the big glass tea cup, took a sip of tea, and replied.
"Lao Meng, what was the outcome of your case?" Just as Meng Guangda was talking to Yu Wendong, Fang Yi's voice came from not far away.
Fang Yi was followed by Yun Qiao, who had just returned from the court session.
"The collegial panel did not pronounce the verdict in court. We are waiting for news. According to public sentiment, the death penalty is unlikely. The court should be more cautious." Meng Guangda stood up and smiled: "How is your case?"
"Acquitted in court." Yun Qiao took over.
The court held that the private prosecutor Liu Changshui entrusted the stainless steel putty knives to the defendant Ma Liangyou for processing. Although the defendant had de facto possession of the batch of stainless steel putty knives, after the defendant's son Ma Xu stole and sold the stainless steel putty knives entrusted by the private prosecutor, the defendant The private prosecutor had been approached to discuss compensation matters many times, so the defendant did not refuse to return the money, and the defendant's behavior did not meet the constitutive characteristics of the crime of embezzlement. Accordingly, the defendant Ma Liangyou was found not guilty.
"Let's go inside and have a chat." Fang Yi looked happy.
At this moment, Zhou Ying carried her bag with excitement and walked into the law firm from the outside. Seeing that Fang Yi and others were there, she walked over quickly: "Lawyer Fang, something happened at Wanhua United Law Firm."
Everyone was startled after hearing this.
In Fang Yi's office, everyone was sitting on the sofa, looking at Zhou Ying with shocked expressions.
"How did you know?" Fang Yi put out the cigarette butt and asked.
"Many people in WeChat Moments are forwarding it. There are pictures and the truth." Zhou Ying took out her mobile phone and opened WeChat Moments: "If you don't believe me, take a look."
Zhou Ying has been working at Wanhua United Law Firm for a long time. She has many friends in the firm and has added many people as WeChat friends, so she will know anything happening in the firm.
Just when everyone was scrolling through WeChat Moments with their mobile phones, Song Hui knocked on the door and walked in: "Something happened to my old club, do you know?"
"We just heard about it." Meng Guangda raised his head and replied.
"I saw Director Hua at the door just now. He just left our law firm." Song Hui said after pulling up a chair and sitting down.
"Lawyer Zou is in a terrible situation now. This is called self-inflicted trouble." Zhou Ying put down her phone with a look of gloating on her face.
"Okay, let's go get busy first." After Fang Yi finished speaking, he stood up and left the office.
Wanke Fazheng looked at the delicate little iron kettle on the induction cooker with great pleasure. When he heard the knock on the door, he looked up and saw Fang Yi walking in.
"Come and taste the new tea I bought. Authentic old white tea." Wan Kefa poured a cup of tea for Fang Yi with a smile and handed it over.
"Well, the tea is good." Fang Yi asked tentatively: "I heard that something happened to Wanhua United Law Firm?"
"Well, Cai Liancheng came over just now, and we had a chat. No one has the courage for a domestic law firm to let foreign investors control its business. A few days ago, the Municipal Justice Bureau issued a rectification notice to the law firm, and the funds must not be available. Use it again." Wan Kefa picked up the tea cup and said calmly.
"Why is this?" Fang Yi is very professional in criminal law, but he is not very sensitive to this kind of thing.
“This starts with the entry of a large number of foreign companies into the country after reform and development. With the entry of foreign companies, foreign law firms also entered the country.
Since 1992, when 12 foreign law firms were approved to set up representative offices in China, many well-known foreign law firms have successively entered the country to set up representative offices or offices.
However, the scope of legal services provided by foreign law firms is strictly limited and they are not allowed to hire domestic lawyers. Foreigners are not qualified to become lawyers in China and therefore cannot practice Chinese law.
Foreign lawyers cannot participate in litigation as lawyers in Chinese courts and can only participate in some international arbitrations. In addition, the service scope of foreign law firms is mainly limited to commercial businesses such as IPO, mergers and acquisitions, compliance, and foreign investment.
And these businesses all have obvious domestic characteristics, so when foreign law firms came in, they found that this market did not seem to be suitable for them, and it was difficult to obtain huge profits. Therefore, in a later period of time, a large number of foreign law firms Withdrew from the domestic market. "Wan Kefa said calmly after putting down the tea cup.
"Oh, I understand. The judicial department is afraid that foreign capital or foreign law firms will control domestic law firms in disguise and break the existing regulations." Fang Yi said thoughtfully.
"That's not entirely the case. Once this red line is breached, the law will surely become the slave of capital, which is very dangerous. No matter how unsatisfactory the domestic law firm system is, it is just meat rotting in the pot and raising worms. Within controllable range.
Once domestic red circle firms or large firms are controlled by foreign capital, think about the consequences... To be honest, foreign capital is present in all walks of life in China. On the surface, only law firms are relatively clean.
If the relevant departments had not restricted the business scope of foreign law firms and given domestic law firms opportunities to develop, do you think we would have so many well-known law firms? I'm afraid that all the well-known lawyers in the country have been poached long ago. Regardless of their professionalism, a large number of lawyers can be lured over just by throwing money at them. The reality is very cruel.
In fact, there are also security considerations in preventing foreign capital from interfering with the law firm's affairs. I won't go into details, but you can take a closer look. Wan Kefa said with a smile.
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