Lawyer of Guangdong Zhongcheng Law Firm
Conversational motivation
Shi Zhe is a legendary lawyer. He only studied in the third grade of elementary school, and has done many major cases that have caused a sensation in the whole country. He also encouraged pirate Jia Hongwei to write a long confession, Pirate Tears. ...
Shi Zhe is a respected lawyer. He believed that "every man has his own will, and the devil takes the hindmost" and often helped people with lawsuits, especially administrative lawsuits, for which he spent 583 days in prison. ...
Shi zhe's quotations
In my opinion, too much money is a kind of pressure on myself.
The more others dare not take the case, the more I want to take it, even if I don't make money or even lose money, I will take it! My nature is that I can give anything for the law in my heart.
When I take a case, I will tell the client how much you will lose first, instead of winning first.
My favorite sentence is, "Every man has his own ambition, and the devil takes the hindmost."
Photo: Lawyers firmly believe that law will prevail over power.
He takes cases that others don't.
Reporter: I take the liberty to ask a question first. I heard that 14 years ago, before you started to be a lawyer, you had earned 1 million. 14 years has passed quickly, and your wealth is still about one million. Is it true?/You don't say. From this point of view, you are unsuccessful as a lawyer. Do you agree?
S: It's true. Maybe everyone has a different understanding of money. In my opinion, too much money is also a kind of pressure on myself. Over the years, everyone has given me the evaluation that my business is good and my work is responsible, and I have not put money first. Being a lawyer is to protect the legitimate rights and interests of others. Some lawyers only handle cases for money, and they don't handle cases without money. And I, as long as the parties do have grievances, I will give them whatever they want. The more others dare not take the case, the more I want to take it, even if I don't make money or even lose money, I will take it! For example, the lawsuit of "people suing officials" is low. If no property disputes are involved, it will be about 1 1,000 yuan. Therefore, we have to accept several economic cases that make a lot of money every year. Otherwise, how can we eat enough? (Laughter) Some people may ask, why is it that money and things are free, and sometimes even travel expenses are included? For the justice of the law! My nature is that I can give anything for the law in my heart. This is not empty talk, it is from the heart.
Reporter: Now the common people hate the phenomenon that lawyers "pat their chests first and then their bottoms"-they win first, lose the lawsuit and then run away. what do you think?
S: This is very immoral behavior! When I receive a case, I will tell the client first. How much will you lose? Do you have endurance? Instead of winning first. I don't want to go to court with all my clients. I will carefully analyze with him the personal impact of winning or losing this case and whether to go to court. You may not believe it, but one fifth of my cases have been returned.
You were unjustly imprisoned, but you don't want compensation.
Reporter: In your 14 career, you have to accept administrative litigation cases with less money every year, and handled many cases of "people suing officials" that have aroused repercussions throughout the country. What experience do you have?
What I understand best is that handling administrative litigation cases is stressful and easily disturbed by social networks. Some cases have not been filed yet, and all aspects of "hello" have come. Most commonly, the legal representatives of most defendants generally do not appear in court in person because they forget that they are public servants of the people.
For me personally, administrative litigation is entirely out of the duty of a lawyer.
Reporter: You never imagined that you would go through a long lawsuit for three years and four months because you were involved in an ordinary administrative lawsuit-an open letter from Guilin Village, jieshi town, Lufeng City. Is it a little difficult to look back?
S: Let's start from the beginning. 1995165438+1On October 22nd, villagers in Guilin Village, Jieshi Town, Lufeng City were dissatisfied with the professional market of Xinghu motorcycle parts in Jieshi Town, which caused a dispute. The next day, the Lufeng Municipal Party Committee and Municipal Government set up a joint working group to investigate and deal with it. All the villagers were unable to communicate with the working group, so they hired me as a legal adviser in the name of the village economic cooperative. I visited the village many times and was entrusted by all the villagers to draft an open letter to the joint working group of the municipal party Committee and municipal government, which truthfully exposed the large-scale smuggling in the market. It is this open letter that has brought me unimaginable trouble. ...
Reporter: You started your career in prison ... Is it too expensive?
Shi: ... (smiling and waving) I paid an incalculable price, but I never regret it. After the open letter was published, some leaders were very angry about it and threatened to arrest me. A kind friend advised me: Why bother? Tell the leader quickly.
(pause)1June, 996 18, I was suddenly handcuffed, taken away by the public security bureau for examination, and put in Lufeng detention center. 199665438+On February 27th, Lufeng Public Security Bureau reported to reeducation through labor on the grounds of disturbing social order. Shanwei City Reeducation through Labor Management Committee made a decision to implement reeducation through labor for three years. Of course I refuse to accept it and apply for reconsideration. Shanwei Labor Education Committee made a reconsideration decision on March 4th 1997, and upheld the original judgment.
Later, I filed an administrative lawsuit with Lufeng People's Court, and finally upheld three specific administrative actions of Lufeng Public Security Bureau and Shanwei Labor Education Committee. I appealed to Shanwei Intermediate People's Court, and the court of second instance upheld the judgment of first instance. 1998, had to appeal to the provincial high court again according to law. 199 10 In June, the Guangdong Higher People's Court made a judgment after one year's trial: Shi Zhe's act of writing on behalf of a lawyer's post did not exceed the scope of powers given to lawyers by the Lawyers Law, and revoked the judgments of the courts of first and second instance and the three specific administrative acts of Lufeng Public Security Bureau and Shanwei Labor Education Committee.
(Long pause, eyes moist) Thankfully, in the autumn of 1998, the facts revealed by the open letter finally came to light, and Xinghu Market, the largest smuggling market for illegally assembled motorcycles in China, was finally banned.
I won the case, and I am deeply grateful to the provincial and municipal departments at all levels for their impartial law enforcement.
Reporter: But many people don't understand: You won the case, but why did you finally decide to give up the state compensation?
Shi: For a person who loves freedom and advocates justice, the mental and physical suffering of 583 days behind bars can be said to be unforgettable, and it has also caused irreparable huge losses to my family. I suffer from diseases such as hepatitis B, and my two sons neglect their studies. It is wrong to say that I am dismissive of all this.
But from a macro point of view, the country is also a loser-I can't practice because I lost my freedom, and the country lacks practicing lawyers; My two sons neglected their studies, and the country added two citizens who neglected their studies. And if I ask the state for compensation, it is not those individuals who violate the law, but the state. As our country has suffered heavy losses at the same time, I don't think I need to ask the state for compensation.
Encourage pirates to write confessions.
Reporter:1At the end of 1999, your first case in Jianghu was to defend Jia Hongwei, the third defendant in the sensational "990 1" international piracy case. What impressed you the most?
S: By a very accidental opportunity, I accepted the appointment of the Justice Bureau and became the appointed defense lawyer. But even I didn't know that I had an unusual relationship with Jia Hongwei, a condemned man.
This is a very shocking international piracy case. International pirate gangs headed by Sony Wei have repeatedly pretended to be military and police to rob the sea. 1June 1998,165438+1October, they forcibly boarded the 10,000-ton ship "Changsheng" in the name of smuggling, killed all 23 crew members and sank into the sea, and then sold the ship, which caused extremely bad international influence.
At that time, Jia Hongwei refused the lawyer's defense, so I decided to meet Jia Hongwei at Lufeng Detention Center. This is a place I am no longer familiar with. I was illegally detained here for 583 days, eating and sleeping with eight death row inmates, and I know the psychology of death row inmates very well. I know that the most important thing for Jia Hongwei to accept and cooperate with my work is to give him hope. Interestingly, as soon as he saw me, he asked, "Are you Shi Zhe's lawyer? I've been in warehouse 2 1. Your story is still being told in the warehouse. "
To my surprise, since he was transferred to Lufeng Detention Center, with the encouragement of the deputy director, he began to write his confession, which has written 223 pages, nearly100000 words.
Reporter: Why do you encourage Jia Hongwei to continue to write truthfully?
Shi: I saw from his article that he really repented. As Jia Hongwei himself wrote in his letter to me: In order to make up for my conscience, I wrote down my past with the words "Pirate's tears-my confession". The purpose is to atone for 23 innocent crew members in this simple way, to comfort their souls in heaven and pray for their forgiveness. At the same time, I also want to warn future generations to take me as a warning!
So, I decided to support him to write Pirate Tears, My Confession. I often care about him in life and feelings, often send him books, daily necessities, and many recording papers and ballpoint pens to give him advice. Finally, I tried to call his family and his girlfriend and let them see my father for the last time.
Later, I was entrusted to sort out the article of hundreds of thousands of words called "Pirate's Tears-My Confessions" and adapted it into "Confessions of a Pirate". At that time, many media wanted to publish it, but for various reasons, the plan failed to come true.
Let the death row die clearly
Reporter: At that time, almost everyone knew that Jia Hongwei's criminal facts were clear, the evidence was sufficient, and his guilt was inescapable. Do you think it is difficult or not to defend such a person?
S: Difficult! It is difficult to demonstrate both in fact and in qualitative sentencing. But if a lawyer just talks about the matter and goes through the motions, it is equivalent to acting, which is certainly not difficult. But I wouldn't ask myself that. After many meetings with Jia Hongwei, my defense ideas became clear. I want to help the court verify and distinguish Jia Hongwei's criminal facts and roles, and help Jia Hongwei to establish a guilty attitude.
The whole trial lasted for three days, and the later judgment proved that among the defense lawyers, my defense opinions were adopted by the court the most, so it should be said that my defense was successful. Some people may say that since the defendants have been sentenced to death, your defense has failed, at least in vain. This simple understanding is a complete misunderstanding of lawyers' defense work. As lawyers, the whole meaning of our work can not be simply understood as winning the lawsuit, but helping the court to know the whole truth of the case, thus ensuring the correct implementation of the law. If a defendant's right to defense cannot be fully implemented, or his legitimate rights and interests cannot be properly protected, then it will also be the sorrow of the law.
Ten calligraphers wrote notes for him.
Reporter: We pay special attention to your experience, which is very complicated. In the third grade of junior high school, you dropped out of school because your family couldn't afford the tuition. Began to crack down on child labor and become a hawker. Later, in response to the call of the state, he went to the countryside to become a farmer. In the late 1970s, he became a worker and supplier. How can you be interested in law all the time?
S: During this period, I never gave up self-study. The story that changed my life is also simple. 1979, I went to Shanghai on business. By chance, I bought two trial issues of Democracy and Legal System in a small post booth in Jing 'an District. Since then, I have formed an indissoluble bond with the law. 1988, I took the national lawyer qualification examination for the first time and passed it in one fell swoop. 1989, I finally became a full-time lawyer. I will always love the sense of professional accomplishment generated by wonderful defense in court.
My favorite sentence is "Every man has his own ambition, and the devil takes the hindmost". I asked ten calligraphers to write ten pairs of "Every man has his own ambition, and the devil takes the hindmost" for me to hang at home and in the office. If I don't choose the legal profession in my life, how can I realize my ideal of doing something for others and society?