ENG          中文

SEARCH
Confirm
Cancel
这是描述信息
这是描述信息

The case is closed and the case is closed-attach importance to the role of lawyers in mediation

Views:

Lawyer Wang Bing: Educational background: Bachelor of Testing from Northwestern Polytechnical University, Bachelor of Laws from Shandong University of Political Science and Law, CET-4. Business expertise: nearly ten years of work experience as a lawyer, has undertaken nearly 1,000 criminal defense, real estate disputes, road traffic accidents, industrial and commercial insurance cases, and served as perennial law for more than a dozen units such as Zibo Water Resources Management Office, Linzi Urban Construction and Development Company, etc. 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.

In order to promote social harmony and stability, the Supreme Court put forward the litigation principle of "mediation priority, mediation and judgment combined", and strive to achieve "settling disputes and ending the case." In terms of achieving the goal of "the case is closed", the function and effect of mediation are better than judgments. At present, due to social concepts, legal environment and other reasons, my country’s diversified dispute resolution mechanism is not yet complete. Under realistic conditions, mediation is effective in alleviating social conflicts, making up for deficiencies in laws and litigation procedures, properly resolving disputes, and saving judicial resources. The advantages are becoming more obvious. "The case is over" is the clearest summary of the advantages of mediation.

I think whether the lawyer has the awareness of "the case is over" in the process of handling the case directly affects the progress of the case and whether the dispute can be resolved smoothly. Therefore, we cannot rely solely on the courts to do this work, and lawyers are obliged to play their due role. Lawyers start from accepting the client’s entrustment, that is, using the legal knowledge of procedures and entities to provide legal services to the client. Lawyers can provide legal services to clients at every stage, from analyzing the case to collecting evidence, from filing a case to acting or defending in court, from the first instance to the second instance, applying for retrial, and applying for enforcement.

When lawyers use proficient legal skills to advise clients, do they stand to uphold the dignity of the Constitution and the law and insist on legal entities and procedural justice, or stand on the standpoint of both parties to resolve disputes and avoid litigation? Obviously, it will lead to Two different results. Because the client will trust the lawyer he hired more than the judge because of the position issue, this is the crux of the problem. For individual cases, it is very difficult to reach the conclusion of the case by relying on court mediation without lawyers. For example, in a traffic accident case, the victim's lawyer can mobilize the parties to accept the defendant's compensation instead of "fighting the lawsuit to the end"; defense Lawyers should spend huge sums of money on compensating the victim’s family and gaining understanding from the family, not on "opening up relations." Therefore, the cooperation of judges and lawyers is particularly important in the mediation process of litigation cases.

The relationship between judges and lawyers is the most sensitive issue. Although the two belong to the same legal professional community, there are indeed differences in their roles in litigation activities, and they cannot be avoided on the way to the goal of "the case is over." It is not easy for a lawyer to make money, because the client will not go to court if he has no other means. In other words, the client who has filed a lawsuit once in his life entrusts his difficult matters to the lawyer to handle it. If the handling is not good or there is a mistake, The pressure on lawyers is very high. However, some judges did not realize this, did not show good looks to the lawyers, scorned and ridiculed the lawyers at every turn, and even did not save face to the lawyers in front of the parties. How can this play the role of lawyers in case mediation? From another point of view, the attorney's agency fee is charged in accordance with the law, and the lawyer is not so willing to give the judge a share of the pie. Besides, the income of judges is allocated financially, while lawyers generally have no salary. All income is “distributed” in the market by social recognition and popularity. Especially young lawyers suffer from the lack of case sources, and the problem of food and clothing is still difficult to solve. Some judges also have a bad habit of asking the client how much they have paid, and then telling the client, "How to pay so much, what's the use!" This has reached the point where it is difficult for the judge and the lawyer to cooperate. This is generally the case. The consequence of this is that the mediation is not successful, but the judgment can only be made, and those who are dissatisfied with the judgment also appeal and appeal, which is a typical "case closed."

Establishing a mutual supervision mechanism between judges and lawyers is a good way to resolve the normal exchanges between the two. First of all, understand each other: Judges, especially grassroots judges, are very tiring. Some grassroots court judges have to hear more than 200 cases a year. They write judgments on average a day and a half. They also need to ensure the accuracy of judgments and the rate of mediation and closure. Low petition rate; these are enough to make lawyers respect judges. Second, regular exchanges can be organized: the court system and the lawyers’ association regularly organize exchange meetings to focus on discussing and solving some difficult and hot issues; thirdly, a back-to-back evaluation method can be adopted. Judges and lawyers can be assessed and scored anonymously, with the scores in the first place. The last one is used as a reference basis for rewards and punishments, which may significantly reduce the corruption problem at the judicial level.

The establishment of a platform for judges and lawyers to support each other is conducive to the implementation of case mediation. Bring some lawyers who are good at mediation out of the water, increase their social visibility, and allow them to give full play to their exemplary and leading role; improve their reputation and increase opportunities for participation in politics; open some successful mediation cases to the public, and public opinion will highlight the "case settlement" It's up".

In addition, advocate lawyers to play a role in the non-litigation dispute resolution mechanism, and promote the parties to reach an out-of-court settlement, which can divert litigation, greatly reduce court pressure, overcome the limitations and disadvantages of litigation, make judicial changes qualitatively, and promote social harmony Stability is also in line with the international trend of developing mediation and diversified dispute resolution mechanisms.

Finally, I think the court’s "five prohibitions" is obviously not to sever the legitimate exchanges between judges and lawyers. On the contrary, constructing a benign interactive relationship between judges and lawyers in the process of litigation mediation is more conducive to achieving the goal of closing the case. The society is harmonious and stable.

Immigration Tips

1. The difference between green card and nationality. Obtaining the nationality of a certain country is equivalent to becoming a citizen of a certain country and obtaining the same rights and obligations as citizens of that country. The green card is equivalent to maintaining Chinese nationality and having the right of permanent residence in a certain country. It is a document that allows permanent and legal residence. The only difference between a country’s green card and nationality is that the green card does not have the right to vote and stand for election in this country, and the rest of the rights are the same. Therefore, most Chinese entrepreneurs who emigrate choose only to obtain a green card, because China does not recognize dual citizenship. If you only obtain a green card from this country, you will retain your Chinese nationality and you can live in and leave the country freely. However, if you join the nationality of this country, it is equivalent to giving up your Chinese nationality, and you must go to the Chinese embassy in that country for a visa every time you return to your country. 2. Why emigrate? Generally speaking, the external incentives for immigration: better investment environment, more business opportunities, high incomes abroad, better climate and environment, better medical care, better free education, Political stability, social stability, and high social welfare. Domestic impetus for immigration: political risks (naked officials, entrepreneurs’ criminal liability risks), environmental pollution risks (air, water, food safety, life expectancy, high mortality, increased terminal illnesses), social security, war risks, high living cost. High added value of immigrants: choose a safer, happier and more convenient life. Worry-free life brought about by high welfare. Choose a higher quality and free education for the children. Found new investment opportunities. Escaped domestic political and legal risks. It is convenient to go abroad. The continuous appreciation of the renminbi brings the best opportunity for overseas investment.
Click to see more
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  
查看详情 查看详情
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
查看详情 查看详情
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.  
查看详情 查看详情
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.  
查看详情 查看详情
Previous page
1
2
3

© COPYRIGHT  Shandong Dadiren Law Firm         鲁ICP备08102940号-1      Powered by www.300.cn