Chronicles of Court Battles. Civil Volume

Author: Hu Xiangfu
Publisher:
Publishing Date: 2005-06-01
Features: The uniqueness of this book lies not in simply compiling defense arguments, but in analyzing the case-handling process of lawyer Hu Xiangfu. It introduces both the case details and how the lawyer analyzes the case's nature, grasps the key issues, and uses evidence to conduct courtroom debates in favor of the client. — Jiang Ping When encountering cases with unclear legal provisions or where a legal clause can be interpreted in multiple ways, lawyer Hu can cite relevant legal principles extensively and conduct in-depth analysis based on the legislative intent, presenting persuasive insights that ultimately lead to victory. — Hai Wen A lawyer handling cases must have both a macro perspective and a comprehensive plan, while also paying attention to details and changes. Neither should their defense be compromised by insufficient consideration of a minor detail, nor should they miss opportunities to capitalize on the opponent's mistakes at any specific stage of the case. — Hu Xiangfu Litigation should be the main battleground for lawyers. A lawyer's talent and reputation should be fully demonstrated and spread through litigation. In Hong Kong, barristers are colloquially known as "big lawyers," while solicitors are known as "small lawyers," though this is not entirely accurate, it reflects the importance of barristers' status, as not every lawyer has the qualification to defend in court. In mainland China, the situation is gradually reversing. Some renowned lawyers often disdain court appearances and take pride in handling corporate listings, mergers, and restructuring. Recently, I've heard some lawyers in the legal profession even consider it the highest honor not to handle any specific cases, with famous partners relying on their reputation to attract and take on cases. They earn most of their income not from specific cases but from their partners' status. Lawyers compete to be other lawyers' "bosses," which is truly a tragedy for the legal profession! Litigation is the main stage where lawyers can fully showcase their talents. On this stage, they understand legal provisions and rules more deeply than professors on university lecture platforms. University professors often use cases to explain how to interpret a legal provision or rule, while lawyers must persuade judges to apply specific provisions or rules through concrete cases. On this stage, they can better elaborate and demonstrate their legal knowledge and abilities than judges. Judges merely objectively listen to the opinions of both plaintiffs and defendants; their role is to judge, while lawyers' role is to persuade. They should use keen insight and rigorous eloquence to convince judges, making them believe in the lawyer's analysis and arguments. In this sense, a lawyer's defense speech is like a professor's lecture on a university platform, or a judge's judgment document. A lawyer's brilliant defense speech should be as renowned as a professor's excellent textbook or a judge's brilliant judgment document. The law firm Zhejiang Xingyun Law Firm is a well-known law firm and one I have been familiar with for a long time. When lawyer Cao Xing published a book, I wrote the preface for it. This time, the book on my desk contains 30 cases, covering various fields of civil and commercial law, including some that caused a stir nationwide. The uniqueness of this book lies not in simply compiling defense arguments, but in analyzing the case-handling process of lawyer Hu Xiangfu. It introduces both the case details and how the lawyer analyzes the case's nature, grasps the key issues, uses evidence to conduct courtroom debates, and presents defenses in favor of the client. Each case is well-structured and concise, making for an engaging read without being overly lengthy. This is yet another style in the collection of lawyer case files. I wrote the preface for lawyer Hu Xiangfu's book not only to recommend it to readers but more importantly, to hope that more renowned lawyers will view litigation as their main stage and battlefield, and to see more of them share their case-handling experiences and insights. A year ago, I wrote the preface for lawyer Hu Xiangfu's Record of Court Battles (Volume: Financial Cases), and unexpectedly, he has now published the second edition of this book (Record of Court Battles: Civil Cases) in such a short time. Lawyer Hu is not only an outstanding lawyer in court but also an excellent scholar in legal theory. He has published dozens of papers in journals such as Chinese Legal Science, Fudan Journal, and China Lawyer. He can not only help his clients win cases but also promptly summarize, analyze, and elevate various cases to a theoretical level, turning them into research achievements. This enables enterprises, public institutions, and individuals to better understand how to protect themselves through the law, while also providing young lawyers with valuable case-handling experiences and techniques to learn from. China is currently in a transition and development process from a planned economy to a market economy, and from an agrarian traditional society to an industrialized modern society. This process is not only about changes in economic structure and development levels but also in economic systems and social rules. It is filled with opportunities and challenges, as well as contradictions and conflicts. These conflicts are not only in terms of interests but also in terms of concepts, and there are many that stem from imperfect or inadequate rules. The imperfections and weaknesses in rules can also lead to conflicts of interest, and the correct resolution of these conflicts can, to some extent, coordinate interests, transform concepts, and improve rules. This book includes 30 civil cases handled by lawyer Hu in recent years, covering areas such as contract breaches, construction and real estate, intellectual property, environmental protection, reputation rights, share transfers and corporate restructuring, and consumer rights protection. These cases reflect many of the in China's transition and development. Resolving these conflicts and contradictions through law is not only about ensuring social fairness but more importantly, about establishing and maintaining an order conducive to social development. The cases related to intellectual property and contract breaches in the book have drawn special attention from me as an economist. The protection of intellectual property is crucial to sustainable economic development. The economic development of a society relies on two things: the spirit of hard work and innovation. If the reputation or achievements gained through hard work or innovation by enterprises or individuals are not protected, or if their efforts are arbitrarily encroached upon by others, people will lose motivation to strive and innovate, and the entire society will fail to develop and progress. Contract disputes and breaches are another common phenomenon in the transition process. Shifting from a top-down directive economy to a market economy based on contracts and trust requires the establishment of new social rules, and people's habits and concepts must also be continuously updated. In this process of establishing new rules and concepts, law plays a crucial role. An excellent lawyer must not only have a solid foundation in legal theory and be familiar with existing legal provisions but also understand the background and purpose behind these provisions. They must know what the law should protect, prohibit, encourage, and restrain in the establishment of a modern market economy system. In this way, they can not only safeguard the interests of their clients but also contribute to China's transition and development through the use of legal tools. Lawyer Hu Xiangfu can be considered an excellent lawyer of this kind. Reviewing the various cases in this book and carefully reading lawyer Hu's case analysis and courtroom arguments, I am truly impressed by his agile mind and rigorous logic. Many of his analyses are meticulous and captivating. Especially when dealing with cases where legal provisions are not entirely clear or where a legal clause can be interpreted in multiple ways, lawyer Hu can cite relevant legal principles extensively, conduct in-depth analysis based on the legislative intent, and present persuasive insights that ultimately lead to victory. Many of the civil cases recorded in the second volume of Record of Court Battles hold certain classic significance. Some of them even drew widespread social attention at the time, with reports from numerous media outlets such as People's Court News, Legal Daily, and China Central Television. The book is concise yet profound.