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Six years of litigation was settled at once

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Lawyer Wang Bing, Bachelor of Testing from Northwestern Polytechnical University, Bachelor of Laws from Shandong University of Political Science and Law, CET-4 in English.

Business expertise: Lawyer Wang has nearly ten years of work experience as a lawyer. He has successively handled nearly 1,000 criminal defense, real estate disputes, traffic accidents, industrial and commercial insurance cases, and served as a permanent role in more than a dozen units such as Zibo Water Resources Management Office and Linzi Urban Construction and Development Company. Legal consultant, qualified to engage in the legal business of shareholding system reform, is a lawyer of "Luzhong Morning News", a member of "Zibo Evening News" legal aid team, and a part-time teacher of Zibo Vocational College.

Xiao Wang never imagined that a lawsuit that had been delayed for six years would be settled in the morning.

In 2002, Xiao Wang, who had just graduated from university, reached an employment agreement with A Sports Goods Company in the talent market to specifically do business sales in the company. During the internship period, the manager arranged for him to learn business knowledge first. On the morning of August 28, 2002, on the 28th day when Xiao Wang went to work, Xiao Wang, who was sitting in the office on the second floor of the company studying, suddenly heard someone shouting downstairs, "Xiao Wang, open the elevator to help me move the liquefied gas tank to the third floor. "Isn't this Aunt Zhang from the company cafeteria? Xiao Wang didn't even think about it, so he ran to the third floor and opened the freight elevator door and stepped in. He didn't expect the elevator to go up on the first floor. He suddenly fell to the first floor. In the elevator shaft, Xiao Wang lost consciousness.

The manager of the company heard that Xiao Wang was injured and hurried to the hospital. He asked the best doctor to perform the operation immediately and paid all the medical expenses. However, Xiao Wang still has a disability, and the two parties have never reached an agreement on the amount of compensation after many mediations. The long road to litigation begins here:

1. I have gone through a long work injury procedure for three years.

Xiaowang thought that he was injured at the work place or during work and submitted an application for work injury certification to the local labor department, but the labor administrative department refused to recognize the work injury on the grounds of “injury caused by non-work reasons”. In 2003, Xiao Wang applied for a work-related injury again, but was denied again!

Through administrative reconsideration and administrative litigation procedures, the court revoked the labor bureau’s decision not to recognize work-related injuries. In 2004, Xiao Wang applied for a work injury again. The labor department conducted detailed investigations and found out: "Aunt Zhang, an employee of Company A, put the liquefied gas tank (privately owned) on the elevator on the first floor, and asked Xiao Wang to open the elevator to transport the gas tank on the first floor. On the third floor, Xiao Wang did not hear him in the office on the third floor. Xiao Wang ran from the second floor to the third floor, opened the elevator door with the key, stepped down and caused serious injury. Xiao Wang was injured by non-work reasons, so he again decided not to Work injury is recognized. Three work injury applications are not recognized for three times!

After consulting with a lawyer, Xiao Wang brought Company A and Aunt Zhang to court on the grounds of employee damage compensation.

Second, the twists and turns of the first-instance appraisal cited disputes.

In 2005, the court commissioned a disability appraisal with the consent of the plaintiff and the defendant. The appraisal concluded that the disability was Grade 8 disability. The plaintiff Xiao Wang refused to accept it and applied for appraisal again, and was later appraised as Grade 5 disability by another appraisal agency. It formed a situation where the plaintiff advocated the five-level defendant and the eighth-level defendant back and forth. Finally in early 2008, the court of first instance ruled that the defendant Company A should compensate Xiao Wang based on the conclusion of the fifth-degree disability. Since Xiao Wang was also partially responsible in the accident, it ruled that the defendant should be liable for 70% of the compensation. Defendant Company A appealed against it.

3. Humanized second-instance mediation to reconcile accumulating grievances

In the second instance, Company A entrusted me as its agent to participate in the lawsuit.

After careful analysis of the case, it was learned that Company A was willing to make reasonable compensation. The prolonged delay in this case was due to the lack of reasonable communication between the two sides, mutual suspicion and secret rivalry, which led to more and more anger, and finally formed an irreconcilable contradiction. In response to this situation, the manager of Company A and I clarified the law and the facts of the case, and formed a trial strategy: I played the leading role in the court as a lawyer, not talking about the level of disability, and directly fighting for not being liable for damages caused by non-work reasons. To lower Wang's expectations. During the mediation stage, the manager of Company A can emotionally recount the past with Xiao Wang and the care given to him by the company during Xiao Wang's hospitalization, so as to reduce Xiao Wang's resistance. Facts proved that the effect was very good. The two parties reached a mediation agreement in court under the auspices of the judge, shaking hands and making peace.

For the past six years, Xiao Wang has been between hospitals, labor departments, safety supervision departments and judicial departments, enduring physical pain and suffering and life embarrassment. These six years have been the most painful period he has experienced when he just stepped out of school. . Six years later, the two parties reached a mediation in the second instance, and this marathon-style litigation came to an end.

Summary:

Take a step back and broaden the sky. In this case, both parties stand in the position of the other side and give in. This can prevent both parties from being tired of six years of litigation and resolve social conflicts.

Whether lawyers have the awareness of mediation in the process of resolving the issues of the parties through litigation is of vital importance. In practice, if you stick to the truth purely from a legal point of view, in many cases you will get twice the result with half the effort, drag the parties into the dilemma of litigation burden, and extremely waste judicial resources.

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17
2014-02

Canadian Investment Immigration, Federal Projects Closed

Time of issue: : 2014-02--17
Recently, a piece of news about Canadian immigration has stirred up waves in the immigration market. The Canadian government will end the 28-year-old investment immigration project, shattering the immigration dream of 50,000 Chinese. Is the hope of investing in Canadian immigration really dashed? Is there any other way to immigrate to Canada? The reporter visited Mr. Cui Guanjun, the director of the first law firm in Zibo City that provides foreign-related legal services and immigration services on current hot issues. , He pointed out: The one-size-fits-all Canadian investment immigration program refers to the Canadian federal investment immigration program. There are many types of Canadian immigration. In terms of investment immigration, in addition to federal investment projects, Canadian provinces also have their own investment immigration projects. At present, the projects nominated by these provinces have not been affected, and the immigration quotas of some provinces have increased, even Record breaking, such as the Saskatchewan nomination program. Due to the closure of the Federal Investment Immigration Program, these immigrant applicants will quickly transfer a large number of them to the provincial nomination programs in search of more secure immigration investment projects. Take the corporate investment immigration project nominated by Saskatchewan as an example. After the 2013 Saskatchewan corporate immigration application was opened, less than 2 weeks, the application quota was emptied. Among them, Chinese applicants account for about 80%, and the application status is extremely hot! Regarding the difference between the Canadian federal investment immigration and the investment immigration nominated by each province, Director Cui Guanjun replied: Under normal circumstances, the investment immigration threshold nominated by each province will be lower than the federal investment immigration threshold, or more conditions. Loose. For example, the aforementioned entrepreneur investment immigration project nominated by Saskatchewan has the advantages of low asset requirements, low investment amount, and no language requirements. Applicants only need to prove assets of 300,000 Canadian dollars, and invest 150,000 Canadian dollars to establish or acquire a business, and then the whole family can immigrate and share the quality of life in Canada with their families. Another example is the BC Business Immigration Program where Vancouver is located. From the current point of view, after the application is approved, the whole family can land in Canada (enjoy the status of permanent residence). After landing, a minimum investment of 200,000 Canadian dollars is required to purchase or create one For business, you can apply for permanent residency status after one year of normal business operation. The feature of this project is that there is no language requirement and no requirement to submit a deposit, and the whole family can land in Canada in about 9 months at the earliest. This is a rare opportunity for people who do not have English skills and are eager to go to Canada. In addition, as the first law firm in Zibo City that provides immigration services by professional lawyers and has established cooperative relationships with many professional immigration lawyers in the United States, Canada and other countries, the reporter asked Director Cui Guanjun to discuss the next step of Canadian investment To make a prediction on immigration policies and trends, he pointed out: First of all, in the future, Canada may hope not to simply introduce funds, but to introduce high-quality corporate talents who can continue to generate income to promote the development of the domestic economy. Secondly, with the closure of Canadian federal investment immigration, immigration projects nominated by various provinces in 2014 will be quickly sought after. In the face of a large number of immigration applicants, it is a foregone conclusion. Third, the immigration projects nominated by each province have their own advantages. Applicants can only seize the quota if they are fully prepared in advance according to their actual conditions. Shandong Dadiren Law Firm, Foreign Business Department Lawyer Cui: 13905330148 Sun lawyer: 13953357713  
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20
2018-08

Shandong Dadiren Law Firm formulated and promulgated the "Working Procedures for Handling Criminal Cases of Underworld Forces"

Time of issue: : 2018-08--20
In order to implement the All-China Lawyers Association’s "Several Opinions on Lawyers’ Handling of Criminal Cases by Underworld Forces" and the relevant regulations of provincial and municipal judicial administrative agencies and the Lawyers Association, to ensure that lawyers can handle criminal cases related to underworld forces in accordance with the law. Lawyers’ rights to practice, regulate the practice of lawyers in handling criminal cases involving criminal forces, and improve their ability to handle criminal cases related to criminal forces. After the research and decision of the partners meeting of Shandong Dadiren Law Firm, on August 20, 2018, the establishment of the Shandong Dadiren Law Firm's Office for the Supervision of Criminal Cases of Underworld Forces was established, and the "Shandong Dadiren Law Firm's Handling of Underworld Crimes" was promulgated. Case Work Rules Shandong Dadiren Law Firm Working Regulations for Handling Criminal Cases of the Underworld Forces Article 1 In order to improve the lawyer’s ability to handle criminal cases related to criminal forces, protect the lawyer’s practice rights, and regulate the practice of criminal cases involving criminal forces of the "Several Opinions on Defense Agency Work in Power Crime Cases" and relevant regulations of provincial and municipal judicial administrative organs and the Lawyers Association, combined with the actual situation of the firm, formulate these regulations. Article 2 The Supervision Office for the Handling of Criminal Cases of the Underworld Forces (hereinafter referred to as the "Supervision Office") shall exercise its powers in accordance with these regulations, and the Supervision Office shall accept the leadership and supervision of the Institute and the Cooperative Conference. Article 3 The Supervision Office of the firm conducts a full follow-up inspection of the lawyers' handling of criminal defense and agency work in criminal cases, strengthens case handling quality supervision and risk management, and guides the resolution of legal problems encountered in the process of handling cases, and finds that lawyers have violated laws and regulations in handling cases It must be stopped and corrected in time. The office should strengthen the management of official seals, and strictly follow the process of "approval first, seal later" to manage the materials of criminal cases involving gangsters, to prevent private collection of charges from occurring. Supervise and supervise the undertaking lawyers to strengthen the file management of criminal cases by the underworld forces to prevent the occurrence of leaks and improper transmission. Article 4 The supervision office of the firm has one director, one deputy director, and several members of the working group, responsible for the daily work of the office, including case filing, supervision, docking with judicial administrative departments and lawyers associations, and exchanging case handling experience with other law firms , Organizing lawyers throughout the firm to conduct relevant business training and case discussions on a regular or irregular basis. If members of the supervision team handle gang-related cases themselves, they shall not participate in the supervision of their own cases as staff members of the supervision office. Article 5 The Supervision Office shall make full use of various channels such as our WeChat groups and training sessions to publicize the correct practice, experience and effectiveness of lawyers in handling criminal cases involving underworld forces. Article 6 The Supervision Office of the Stock Exchange specifically performs the following duties: 1. Conduct pre-examination of the lawyers' handling of gang-related cases, examine the client, the basic situation of the case, etc., and report the review to the director of the supervision office, and the director of the supervision office will decide whether to accept the entrustment; 2. To file a case involving gangs that agree to accept entrustment, the lawyer handling the case shall take the initiative to perform the filing procedures; 3. Train our lawyers on the handling of gang-related cases, practice norms, practice risks, etc.; 4. Supervise the practice behaviors of our lawyers in handling gang-related cases; 5. Provide risk reminders to our lawyers in handling gang-related cases; 6. Maintain the practice rights and interests of our lawyers in handling gang-related cases; 7. Impose penalties for violations of our lawyers in handling gang-related cases; 8. Organize the lawyers of the firm to summarize and communicate with the cases involving gangs handled; 9. Connect with lawyers’ associations and judicial organs, and file the handling of criminal cases in accordance with relevant regulations; Article 7 The lawyers of our firm who act as defenders or litigation agents in criminal cases involving underworld forces must abide by the firm’s systems of uniformly accepting
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28
2018-09

A delegation from the Legal Work Department of the ACFTU visited the Huantai branch for investigation

Time of issue: : 2018-09--28
On September 26, the Legal Work Department of the All-China Federation of Trade Unions came to Shandong Dadiren (Huantai) Law Firm to investigate the development of legal services for employees’ rights protection. Liu Shuai, Deputy Secretary of the County Party Committee, Zhou Huanbao, Chairman of the County Federation of Trade Unions, and the County Judicial Bureau Director Pang Yueming accompanied the investigation. The research team listened to the experience and practices of Huantai County in legal services for employees' rights protection in the county conference center. Fu Sigang, director of Shandong Dadiren (Huantai) Law Firm, provided legal services to law firms and county employees in rights protection The main work of the center in recent years was reported. Then the research team went to Huantai Institute for on-site inspection. The research team unanimously believes that Huantai County will focus on doing a good job in the rights protection of employees in the new era, in-depth development of legal services for rights protection, relying on Shandong Dadiren (Huantai) Law Firm to build an employee rights protection platform, and explore a "guarantee" and "maintenance". "The integrated service system for employees' rights protection combined, and the work of employees' rights protection services has achieved remarkable results. The Huantai County Federation of Trade Unions, relying on Shandong Dadiren (Huantai) Law Firm, established the Huantai County Employees' Rights Protection Legal Service Center in July 2012. Since the establishment of the center, the Huantai Institute has closely followed the requirements of the county party committee and county government to carry out legal services for employees' rights protection. The Huantai Office set up office space, opened a service hotline, and built a green channel for the employee rights protection center, taking multiple measures simultaneously to comprehensively improve the effectiveness of employee legal services. Various activities such as "on-site consultation", law popularization, radio interpretation, etc. have been carried out, combined with the overall situation of our county's law popularization work, in-depth publicity and explanation of various labor protection legal knowledge in agencies, enterprises, schools, communities, etc., have played a good role in the society. effect. Since its establishment more than 6 years ago, it has handled more than 220 labor arbitration and litigation cases, received more than 1,500 employee legal consultations, carried out more than 60 employee rights protection law publicity, and recovered more than 10 million economic losses for employees, reducing and exempting rights protection Staff lawyers cost more than 700,000 yuan, which has formed a good brand effect throughout the county. Huantai Office has been commended as an "advanced collective of judicial administration system" by Zibo Judicial Bureau, and as a "Demonstration Unit of Legal Services for Workers' Rights Protection by Zibo Trade Union" by Zibo Federation of Trade Unions. He was commended as "Outstanding Women's Rights Protection Post" by Zibo Women's Federation, and was awarded the title of "City Youth Civilization" by the Communist Youth League Committee. Many lawyers have been awarded the honorary titles of outstanding lawyers in the provinces and cities, outstanding lawyers in protecting the rights and interests of employees in Zibo, and advanced individuals in the work of helping the disabled in Zibo.  
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15
2018-10

Dadi Renhuantai branch organized "2018 Unity and Cooperation" outreach training activities

Time of issue: : 2018-10--15
On October 13th and 14th, 2018, Shandong Dadiren (Huantai) Law Firm organized all lawyers and administrative staff to the Yuanshan Hard Struggle Memorial Hall to conduct an outreach training event with the theme of "2018 Unity and Cooperation".     On the morning of the 13th, all the staff arrived at the training site, put down their luggage, and formed a team under the guidance of the coach. Each team completed the design of the team name, team flag, and slogan within 25 minutes, and sang the team song. Position, interest, identity and social role communication and communication environment, open up, understand each other in a short time, and integrate into the team, and at the same time prepare the team members to participate in the training psychologically, gain more experience, create a family atmosphere, and form A warm team atmosphere and a winning team belief.       The first activity is "Fetching water from the dragons". Within the specified time, all the team members use tools to take out the water in the specified area. The goal is to train the execution and appeal of trainees; sense of teamwork and cooperation and cooperation; experience the importance of early-stage resource confirmation and reasonable allocation of the project; correct communication and team appreciation, emphasizing the importance of details; personnel division of labor, cooperation and coordination; The physical contact between the team members increases the sense of trust and cohesion; dare to practice and break through empiricism; and an attitude of honesty and integrity. After 30 minutes of running-in, both teams completed the task of fetching water. In addition, the "Rapid 60 Seconds" activity was carried out, requiring each team of students to find the numbers from one to thirty within sixty seconds, and the thirty is a number hidden in each puzzle. The goal is to exercise the analytical skills of the team members, enhance communication and assistance between teams, and enhance the team's sense of time urgency.   On the afternoon of the 13th, all the team members visited the Yuanshan Hard Work Entrepreneurship Hall. Next is the "Santa Game", which requires the entire team to cooperate to move the Santa from its initial position to any other position. The goal is to increase communication among students and improve their communication skills; improve personal resilience in difficult environments; let students better understand the importance of communication in teamwork; master the main points of communication and how to communicate in different environments. On the morning of the 14th, all the trainers visited the Ruyue Lake Wetland Park. On the afternoon of the 14th, the two teams worked together to complete the "150-second speed challenge". The two teams completed the training activity with a good result of 137 seconds under the cooperation and cooperation.  
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