Trial Chronicle (Civil Volume)

Author: Hu Xiangfu
Publisher:
Publish Date: 2005-06-01
Features: The uniqueness of this book lies not in simply compiling a collection of defense statements, but in analyzing the case-handling process of lawyer Hu Xiangfu. It introduces both the case details and how the lawyer analyzes the nature of the case, 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 several ways, lawyer Hu can cite extensively from legal principles, analyze deeply from the perspective of legislative intent, and propose convincing insights, ultimately securing victory. — Hai Wen Lawyer, when handling cases, must have both a macro approach and a comprehensive plan, while also paying attention to details and changes. Neither should his defense be compromised by insufficient consideration of a detail, nor should he miss opportunities to seize and capitalize on mistakes made by the opposing party at any specific stage of the case. — Hu Xiangfu Litigation should be the main battlefield 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." Although this is not entirely accurate, it reflects the important status of barristers, as not every lawyer is qualified to defend in court. In mainland China, the situation is increasingly reversing, with some famous lawyers often disdainful of court appearances, taking pride in handling corporate listings, mergers, and restructuring. Recently, I've heard that some lawyers in the legal profession 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 mainly earn income from their partners' status rather than specific cases. Lawyers boast of becoming the "boss" of other lawyers, which is truly a tragedy for the legal profession! Litigation is the main stage for lawyers to fully demonstrate their talent. 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 a specific legal provision or rule through concrete cases. On this stage, they articulate and demonstrate their legal knowledge and skills more profoundly than judges. Judges merely objectively listen to the opinions of the plaintiff and defendant; their role is to judge, while a lawyer's role is to persuade. They should use keen insight and rigorous argumentation to convince judges, making them believe in the lawyer's analysis and arguments. In this sense, a lawyer's defense statement is like a lecture delivered by a professor on a lecture platform, or a judgment written by a judge. A lawyer's brilliant defense statement should be as renowned as a professor's excellent textbook or a judge's brilliant judgment. The uniqueness of this book lies not in simply compiling a collection of defense statements, but in analyzing the case-handling process of lawyer Hu Xiangfu. It introduces both the case details and how the lawyer analyzes the nature of the case, grasps the key issues, and uses evidence to conduct courtroom debates in favor of the client. Each case is well-structured and concise, making for an engaging read without being overly lengthy. This is another style of legal case collection. I wrote the preface for 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 battlefield and share their case-handling experiences and insights. A year ago, I wrote the preface for Hu Xiangfu's Record of Court Battles (Volume: Financial Cases), and unexpectedly, the author has now published the second edition (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, having published dozens of papers in journals such as Chinese Legal Science, Fudan Journal, and China Lawyer. He not only helps his clients win cases but also promptly summarizes, analyzes, and elevates 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 law, while also providing valuable case-handling experience and skills for young lawyers. China is currently undergoing a transition from a planned economy to a market economy and from an agrarian traditional society to an industrialized modern society. This process involves not only changes in economic structure and development levels but also changes in economic systems and social rules. It is filled with opportunities and challenges, as well as contradictions and conflicts. These conflicts arise not only from interests but also from perspectives and many rules. Imperfections and weaknesses in rules can also lead to conflicts of interest. However, the correct resolution of these conflicts can, to some extent, coordinate interests, transform perspectives, and improve rules. This book collects 30 civil cases handled by lawyer Hu in recent years, covering areas such as contract defaults, construction and real estate, intellectual property, environmental protection, reputation rights, share transfers and corporate restructuring, and consumer rights protection. These cases reflect many outstanding issues in China's transition and development. Resolving these conflicts and contradictions through law is not only to ensure social fairness but more importantly, to establish and maintain an order conducive to social development. The cases on intellectual property and contract defaults 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 growth of a society relies on a spirit of hard work and innovation. If the reputation or achievements of enterprises or individuals gained through hard work or innovation are not protected, people will lose motivation to strive and innovate, and the entire society will stagnate. Contract disputes and defaults are another common phenomenon in the transition. Shifting from a top-down directive economy to a market economy based on contracts and trust requires the establishment of new social rules and the continuous updating of habits and perspectives. In this process of establishing new rules and perspectives, law plays a critical role. An outstanding 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 to protect, prohibit, encourage, and restrain through law in the establishment of a modern market economy system, thereby not only safeguarding the interests of clients but also contributing to China's transformation and development through the use of legal tools. Lawyer Hu Xiangfu can be considered an outstanding lawyer of this kind. Reviewing the cases in this book and carefully reading Hu's case analysis and courtroom arguments, I am deeply 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 unclear or where a legal clause can be interpreted in several ways, lawyer Hu can cite extensively from legal principles, analyze deeply from the perspective of legislative intent, and propose convincing insights, ultimately securing victory. Many of the civil cases recorded in the second volume of Record of Court Battles hold 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.