Legal Drama Chronicle: Selected Debates and Cases by Lawyer Hu Xiangfu

Author: Hu Xiangfu
Publisher:
Publish Date: 2004-04-01
Features: What is a case? To answer this question is not difficult, yet it is not easy either. It is like trying to explain what law is—there are many opinions and endless debates. As a lawyer, one cannot, nor does one have the time, to debate these purely conceptual issues. Instead, one must use cases to convey to clients what their intended purpose is and to help them achieve it. For a lawyer, cases are like a writer's stories, a poet's collections, a journalist's works; they are the data of an economist, the analogies of a philosopher, the sentences of a linguist; the achievements of a politician, the performance of an athlete, the results of an agent. However, in a legal sense, a case is a brief story of an event where a court has made or may make a decision to resolve a dispute. In other words, it has a beginning, an end, and even a cause and effect. It has unique particularity, it must resolve the past and contemplate the future, and it must reflect and shape social values through this story. A writer's most beautiful language is their work, a lawyer's most beautiful language is a case. This book is the beautiful work that Lawyer Hu Xiangfu has dedicated to us. It compiles classic cases handled by the author in professional fields such as finance, securities, insurance, mortgage, guarantee, and contracts. For this reason, readers can not only find the author's deep reflections after closing a case but also observe the exploration techniques used during case handling. They can hear the author's long sighs outside the case, for the client's mistakes and the loopholes in the law, and they can feel the author's painstaking efforts and long-term aspirations in using words to shape cases.
It is well known that obtaining any judicial judgment result must go through three different processes: confirming facts, finding the law, and making a judgment. It must also involve three different types of reasoning: factual reasoning, legal reasoning, and judicial reasoning. In these different reasoning processes, lawyers must predict and argue to help their clients avoid conflicts with the law and to persuade judges to apply the law in line with their clients' interests in matters involving their clients' interests. As for judges, they must use their judgment and reasoning to decide what the law permits and requires people to do, and what it prohibits or restricts in the cases they preside over. Therefore, law is the combination of precedents, rules, principles, and policies that judges use to justify the legitimacy of their judgments. Judges are responsible for applying the law to case facts to form legal arguments, while legal reasoning is the process of using legal arguments in legal disputes.
What is a case? To answer this question is not difficult, yet it is not easy either. It is like trying to explain what law is—there are many opinions and endless debates. As a lawyer, one cannot, nor does one have the time, to debate these purely conceptual issues. Instead, one must use cases to convey to clients what their intended purpose is and to help them achieve it. For a lawyer, cases are like a writer's stories, a poet's collections, a journalist's works; they are the data of an economist, the analogies of a philosopher, the sentences of a linguist; the achievements of a politician, the performance of an athlete, the results of an agent. However, in a legal sense, a case is a brief story of an event where a court has made or may make a decision to resolve a dispute. In other words, it has a beginning, an end, and even a cause and effect. It has unique particularity, it must resolve the past and contemplate the future, and it must reflect and shape social values through this story. A writer's most beautiful language is their work, a lawyer's most beautiful language is a case. This book is the beautiful work that Lawyer Hu Xiangfu has dedicated to us. It compiles classic cases handled by the author in professional fields such as finance, securities, insurance, mortgage, guarantee, and contracts. For this reason, readers can not only find the author's deep reflections after closing a case but also observe the exploration techniques used during case handling. They can hear the author's long sighs outside the case, for the client's mistakes and the loopholes in the law, and they can feel the author's painstaking efforts and long-term aspirations in using words to shape cases.