Lawyer's character

Do law firms and lawyers that are not on the list necessarily have poor professional standards? Not necessarily. It can only be said that some people are willing to be on the list, but some are not willing, or have no conditions to be on the list. This thing is just like the rich list, vanity and promotion. Visibility is the main reason lawyers and law firms run.

"It is said that this ranking is made by a group of non-legal people, who vote online and are open to the public. The judging criteria are the popularity, professional ability of lawyers and law firms, the influential cases handled in the year and the number of complaints received, etc. The main thing is In order to make it easier for people to choose lawyers to prevent them from being cheated.

Do you want to know where you and Lao Meng rank? "Wan Kefa looked at Fang Yi mysteriously.

"Have you been on the list?" Fang Yi asked instead without answering.

"I haven't handled cases for many years, how could I be here! What do you mean?" Wan Kefa blinked, not understanding why Fang Yi asked.

"It's very simple. If you are on the list, it means that the list is not trustworthy and there is a suspicion of spending money to buy the ranking. Since you are not there, I half-believe this ranking." Fang Yi said with a smile.

As soon as Fang Yi spoke, he rolled his eyes and said, "Just wait, kid. I will handle a few cases and I will immediately increase my reputation and break into the top three."

"You haven't said yet, where do Lao Meng and I rank?" Fang Yi asked curiously.

"This list is updated once a quarter. Because it is an online voting, many people still recognize the ranking of the list.

You are currently ranked fifth in the criminal field. Lao Meng ranks lower, at 32nd. I am talking about the criminal field, not all fields.

Your highest ranking last year was third because you handled more high-profile cases last year. This year it's a little bit worse. "Wan Kefa said with a smile.

"Where does Ma Yi rank?" Fang Yi asked curiously.

"Competition in the field of marriage and family is fierce, and Ma Yi is only ranked 21st. There was no way, there were several divorce cases involving nouveau riche this year, but Ma Yi failed to get them, so his ranking dropped.

It's a pity that these rankings are for our province, not the whole country. "Wan Kefa said regretfully.

"It's a bit interesting. It's up and down, just like a song ranking. Let Yun Qiao pay attention to it when you have time." Fang Yi said, touching his chin.

"By the way, it's almost the end of August. How's the moving going?" Fang Yi suddenly asked.

"It's almost done. Boss Wu has already reached an agreement with Lawyer Zou. It is said that Lawyer Zou has found a good place and is moving in the past few days.

I'll find a designer in a few days to take a look there, and I'm going to readjust the layout. "Wan Kefa said calmly.

Fang Yi returned home. After dinner, he sat alone in the study drinking tea and thinking about Wan Kefa's words. Is it really possible to train a star lawyer? What should I do if I run away after training?

After thinking about it, Fang Yi's head hurt. At this moment, he thought of Yunmei. It would be great if Yunmei was here. Although Yunmei didn't understand the law, she had extraordinary business acumen and could see problems more clearly than he did. many.

…

When he was about to get off work in the afternoon, Fang Yi was not in a hurry to go back. He was checking the ranking website Wan Kefa mentioned. At 8:30 this evening, Yunmei and Fang Anzhi came back. He was going to pick them up. They had been abroad for a week. School starts in two days.

Dang, Dang, Dang, there was a knock on the door. Fang Yi raised his head and looked towards the door. Fatty Cao Yong was standing at the door, holding a brown paper bag in his hand, which should be the case file.

"Lawyer Cao, what's wrong?" Fang Yi looked towards the door with a smile. He had a good impression of the little fat man.

Cao Yongzheng walked over, looking a little nervous: "Lawyer Fang, is it convenient for you? I want to delay you for a few minutes."

"Convenience, what's the matter?" Fang Yi leaned on the chair.

"Lawyer Xie assigned me a case on Monday, which is a corruption case. The corruption case is a status crime. I am a little unsure whether the defendant is a qualified subject for the crime of corruption. I would like to ask you for advice." Cao Yongzheng came closer and said.

Seeing that it was still early, Fang Yi motioned for him to sit down and chat: "Tell me about the situation."

"This is the case file material. I went to see the defendant and also went to the procuratorate to read the file. The specific facts of the case are as follows..." After Cao Yongzheng handed the case file material to Fang Yi, he told the entire case story.

In the case handled by Cao Yongzheng, the defendant was named Yu Lidong. In October 1999, he was appointed by the superior department as the director of a boiler factory in the county.

In May 2002, with the approval of the superior authority, the boiler factory underwent enterprise restructuring, and Yu Lidong became the leader of the boiler factory enterprise restructuring leading group.

Half a year later, with the approval of the superior authorities, the boiler factory transferred a piece of land covering an area of ​​68 acres in the county to a real estate development company named Changhong in the city for 15.4 million yuan. And signed the "Land Use Rights Transfer Agreement".

Afterwards, Changhong Real Estate Company transferred the rights and obligations determined in the "Land Use Rights Transfer Agreement" to Wansheng Company.

During the enterprise restructuring process, the boiler factory required all employees to buy out their seniority. However, the existing funds of the boiler factory were not enough to pay the compensation for the employees who had bought out their seniority. There was a gap in funds. After consultation between the superior authorities and the boiler factory restructuring leading group, the final decision was made. Wansheng Company is required to add 1.2 million yuan in capital.

To be honest, Wansheng Company was unwilling to pay the money, but considering the huge profits from real estate development, Wansheng Company finally paid 1.2 million yuan to the boiler factory as required.

For this reason, Guan Keyu, chairman of Wansheng Company, was very dissatisfied. However, considering that the demolition work that was about to begin would still rely on Lidong's contribution, he approached Yu Lidong and told him: As long as the later demolition work is done well, it can be completed quickly. Wansheng Company will not treat Lidong badly during the demolition.

Five months later, the demolition of the boiler plant was completed. Yu Lidong asked Guan Keyu to fulfill his previous promise through the assistant to the chairman of Wansheng Company. Guan Keyu thanked Yu Lidong for his work during the demolition and gave him a gift. Yu Lidong received 100,000 yuan in cash.

After that, Yu Lidong received a bank cash check of 10,000 yuan in the name of travel expenses from Wansheng Company. Shortly thereafter, the boiler factory reported to the superior authorities and requested that the leader of the demolition team, Lian Yongning, be paid a bonus of 10,000 yuan.

Yu Lidong received a bank cash check of 10,000 yuan in the name of land acquisition funds from Wansheng Company, and then paid the money to Lian Yongning. Lian Yongning felt that this was inappropriate and did not dare to ask for it, and persuaded Yu Lidong to do so. You can’t get money for planting.

A few months later, Yu Lidong felt that Lian Yongning was right. The two sums of money he took were recorded in Wansheng Company, so he withdrew 20,000 yuan in cash and gave it to Wansheng Company's accountant to offset the amount he had received previously.

Three years ago, someone reported to relevant departments that Yu Lidong was involved in corruption during the restructuring of the boiler factory. Yu Lidong was subsequently asked to cooperate with the investigation and was later detained. The case was then transferred to the prosecutor's office.

After Yu Lidong was detained, he was confused. He didn't know what materials the procuratorate had. So when the procuratorate only had clues that he had accepted a bribe of 20,000 yuan, he took the initiative to confess that he had asked Guan Keyu for cash. One hundred thousand yuan fact. After that, Yu Lidong returned all the stolen money to the procuratorate.

"In addition, according to the evidence in the case, the boiler factory is a state-owned enterprise and was established on March 1, 1992. At the end of 2002, the boiler factory went bankrupt and underwent enterprise restructuring. In September 2007, it was Revoke the business license.

After the defendant Yu Lidong became the director of the boiler factory, his status as director has not been removed by documents issued by the superior department. Half a year after the restructuring of the boiler plant was completed, he was appointed by the superior authorities as the director of the county cement plant, responsible for the restructuring of the cement plant.

The boiler plant was restructured by transferring the entire land. During this process, Yu Lidong has been the leader of the enterprise restructuring leading group and a member of the demolition team.

In May 2003, Yu Lidong signed an agreement to terminate the labor relationship with the boiler factory.

When Yu Lidong asked for fees from Wansheng Company, he had already terminated his labor contract with the boiler factory and was no longer the director of the boiler factory. The subject of the corruption crime was a state employee and was a status offender.

Yu Lidong has terminated his labor relationship and no longer holds a position in the boiler factory. I have doubts about whether this constitutes a crime of corruption. "After Cao Yongzheng finished speaking, he looked at Fang Yi.

"After the termination of the labor relationship, is the defendant Yu Lidong still serving as the leader of the enterprise restructuring leading group?" Fang Yi asked while looking through the case files.

"Yes, he has been the team leader until the boiler plant's restructuring was completed." Cao Yongzheng nodded.

"What do you think?" Fang Yi looked up at him.

“I would like to plead not guilty to the defendant for the following reasons:

The boiler factory made a decision to terminate the labor relations with 212 registered employees in the factory, including Yu Lidong.

Yu Lidong and the boiler factory signed the "Agreement on Economic Compensation for the Restructuring of State-owned Enterprises to Lift (Terminate) Labor Contracts (Labor Relations)". In May of the same year, Yu Lidong registered as an unemployed person at the county unemployment management office.

Subsequently, Yu Lidong's personnel files were transferred to the labor market for custody, and social pension insurance was paid by the individual. At this time, he was completely separated from the state-owned enterprises and no longer had the status of a state employee. He coordinated the demolition of the boiler plant and was entrusted by Guan Keyu, the chairman of Wansheng Company. Later, he asked the chairman of Wansheng Company for I think the amount of 100,000 yuan should be considered as remuneration for demolition work, which is a civil act. "Cao Yongzheng felt a little uneasy. This was the first time he approached Fang Yi to discuss the case.

Fang Yi leaned back in his chair and rubbed his temples: "I remember that in the late 1990s, there was a fierce debate between the 'identity theory' and the 'responsibility theory' regarding the identification of state workers.

However, after the revision of the Criminal Law in 1997, the mainstream views in both theoretical and practical circles believe that the ‘responsibility theory’ should be adopted in the identification of state workers.

We cannot simply identify the defendant based on his 'identity', but should consider whether the defendant is engaged in official duties to determine whether he is a state employee..." Fang Yi stopped midway through his words, looked at the fat man Cao Yongzheng, and said no more. say.

After listening to Fang Yi's words, Cao Yongzheng thought thoughtfully: "In other words, whether the defendant is a state employee does not depend on whether the labor relationship with the boiler factory is terminated, but on whether he is actually still engaged in supervision at the boiler factory. , the official affairs of managing state-owned assets.”

"Yes! This is the mainstream view of the judiciary. You go on." Fang Yi was quite satisfied with Cao Yongzheng's reaction. At least it showed that the fat man in front of him was not a lump in the tree, but that his knowledge system was a bit outdated and needed to be updated.

“In other words, during the restructuring of the boiler plant, the defendant Yu Lidong, as the leader of the restructuring leading group, was still the actual ‘top leader’ of the boiler plant and was responsible for the supervision and management of the boiler plant’s state-owned assets.

Although Yu Lidong signed an agreement to terminate the labor relationship with the boiler factory and registered as unemployed, he is not an ordinary employee. He is still performing the duties of the factory director. He is still the leader of the restructuring leading group and is actually responsible for managing the boiler factory. They still have responsibilities for supervision and management of state-owned assets and should be recognized as state workers.

In the evidence in the case, Yu Lidong's confession and witness testimony both mentioned that Yu Lidong provided professional assistance to Wansheng Company during the land transfer process of the boiler plant.

In addition, although the land use rights belong to Wansheng Company, the relocation and resettlement of the boiler plant employees are the work of the boiler plant restructuring leading group. Yu Lidong provided Wansheng Company with services in the process of mobilizing employees to relocate and ensuring the smooth completion of the demolition. Helped.

All right! Everything is smoothed out! "Cao Yongzheng's little eyes shone with joy.

He had been scratching his head before because the identity of the defendant in this case could not be determined. Now that the identity issue is resolved, the rest of the matter will naturally be smoothed out.

"Don't worry, the defendant has committed a crime of corruption, so where is our lawyer's job? We can't speak during the trial and say: What the prosecutor said is right, we have no objections!" Fang Yi looked at him with a smile.

"No, I think this case still has merit." Cao Yongzheng scratched his head in embarrassment.

"Oh? Tell me." Fang Yi found the fat man in front of him quite interesting.

“At the time of the incident, the procuratorate only had information about Yu Lidong’s receipt of a cash check worth 10,000 yuan for travel expenses and a cash check worth 10,000 yuan for demolition compensation from Wansheng Company.

But later Yu Lidong returned the two sums of money to Wansheng Company. Therefore, I believe that the prosecution's accusation that Yu Lidong accepted a bribe of 20,000 yuan from Wansheng Company has insufficient evidence and cannot be established.

After the incident, the defendant Yu Lidong took the initiative to confess the crime of asking for 100,000 yuan in cash from Guan Keyu, chairman of Wansheng Company.

According to Article 1 of the "Opinions of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Identification of Surrender, Meritorious Service and Other Sentencing Circumstances in Handling Cases of Duty-Based Crimes": If there is no voluntary surrender, but one of the following circumstances exists, it shall be considered as surrender... (2 ) The criminal facts pointed to by the clues held by the case handling agency are not established, and criminals outside this scope confess to the same type of crime..."

Therefore, Yu Lidong's voluntary confession of the crime of asking for 100,000 yuan in cash from the chairman of Wansheng Company should be regarded as the first discussion.

If Yu Lidong had not asked for 100,000 yuan from the chairman of Wansheng Company, I would have defended the defendant Yu Lidong as not guilty. However, with this 100,000 yuan, I could only plead guilty to a lesser crime. However, there is a surrender situation..., and I want to seek a suspended sentence for the defendant. "Cao Yongzheng's little eyes were full of confidence.

"Well, the verdict of this case has been decided. Let me know." Fang Yi nodded with satisfaction. He felt that this little fat man was very spiritual and belonged to the kind of people that the ancestors appreciated for their food and could be cultivated.

Fang Yi looked up and saw that the sky outside the window was already dark. He quickly glanced at his watch and said, "I have to go to the train station to pick someone up. I won't talk to you anymore." After that, he picked up his bag and walked out quickly.

Cao Yongzheng agreed and looked at his watch. It was almost eight o'clock. He didn't expect to chat for so long. (End of chapter)