Lawyer

Law firms and lawyers that are not on the list must be of poor professional level. Not necessarily, it can only be said that some people are willing to be on the list, while others are not, or have no conditions to be on the list. This thing is like the rich list, vanity and promotion Visibility is the main reason lawyers and law firms stand for election.

"It is said that this ranking is made by a group of non-legal people. They vote online and are open to the public. The judging criteria are the reputation and professional ability of lawyers and law firms, influential cases handled in the year and complaints, etc. Mainly In order to facilitate the people to choose a lawyer, to prevent being cheated.

Do you want to know where you and Lao Meng are ranked? "Wan Kefa looked at Fang Yi mysteriously.

"Are you on the list?" Fang Yi asked instead without answering.

"I haven't handled a case for so many years, how could I be here! What do you mean?" Wan Kefa blinked, not understanding why Fang Yi asked.

"It's very simple. If you are on the list, it means that the list is not credible, and there is a suspicion of spending money to buy the ranking. Since you are not there, I half believe in this ranking." Fang Yi laughed.

When Fang Yi said something, he rolled his eyes in a way that he could not do anything: "Wait, you boy, I will immediately raise my reputation by handling a few cases and break into the top three."

"You haven't said yet, where is Lao Meng and I ranked?" Fang Yi asked curiously.

"This list is updated every quarter. Because it is an online vote, many people still recognize the ranking of the list.

You are currently ranked fifth in the criminal field.Lao Meng ranks at the bottom, No. 30. I'm talking about the criminal field, not the whole field.

Last year your highest ranking was third, because you handled more famous cases last year.This year is slightly worse. "Wan Kefa laughed.

"Where does Ma Yi rank?" Fang Yi asked curiously.

"Competition in the field of marriage and family is fierce, and Ma Yi only ranks No. 20. There is no way, this year there have been several divorce cases of upstarts, and Ma Yi failed to win, so the ranking dropped.

It's a pity that these rankings are from our province, not the whole country. "Wan Kefa said regretfully.

"It's interesting, there are ups and downs, like the song rankings. Let Yun Qiao pay attention when you have time." Fang Yi rubbed his chin and said.

"By the way, it's the end of August soon, how about the moving?" Fang Yi asked suddenly.

"Almost, Boss Wu has already talked with Lawyer Zou. It is said that Lawyer Zou has already found a good place and is moving these days.

In a few days, I will find a designer and go over there to have a look. I am going to readjust the layout. "Wan Kefa said neither in a hurry nor in a hurry.

When Fang Yi returned home, after dinner, he sat alone in the study and drank tea, pondering over what to say about Wan Kefa, is it really possible to train star lawyers?What should I do if I run away after training?
After much deliberation, Fang Yi's head hurts from thinking about it. At this moment, he thought of Yunmei. It would be great if Yunmei was here. Although Yunmei doesn't know the law, she has an extraordinary business mind and sees problems more clearly than herself. many.

……

When he was about to get off work in the afternoon, Fang Yi was not in a hurry to go back. He was checking the ranking website Wan Kefa mentioned. At 08:30 this evening, Yunmei and Fang Anzhi came back, and he was going to pick them up. The two had been abroad for a week. School starts in two days.

Dang, Dang, Dang, there was a knock on the door, Fang Yi looked up to the door, the little fat man Cao Yongzheng was standing at the door, holding a kraft paper bag in his hand, which should be the file.

"Lawyer Cao, what's the matter?" Fang Yi smiled and looked towards the door.He had a good impression of the little fat man.

Cao Yongzheng came over with a nervous expression: "Lawyer Fang, is it convenient for you? I want to delay you for a few minutes."

"It's convenient, what's the matter?" Fang Yi leaned back on the chair.

"Attorney Xie assigned me a case on Monday, which is a corruption case. The corruption case is an identity crime. I'm not sure whether the defendant is a suitable subject for the crime of corruption. I would like to ask you for advice." Cao Yongzheng approached and said.

Seeing that it was still early, Fang Yi motioned him to sit down and chat: "Tell me about the situation."

"This is the case file. I went to meet the defendant, and I also went to the procuratorate to read the file. The specific case is as follows..." After Cao Yongzheng handed the case file to Fang Yi, he told the whole story of the case.

In the case Cao Yongzheng handled, the defendant was named Yu Lidong. In October [-], he was appointed by the higher authorities as the director of a boiler factory in the county.

In May [-], with the approval of the superior competent authority, the boiler factory underwent corporate restructuring, and Yu Lidong was the leader of the boiler factory corporate restructuring leading group.

Half a year later, with the approval of the higher authorities, the Boiler Factory transferred a piece of land in the county with an area of ​​68 mu to a real estate development company named Changhong in the city for 540 million yuan, and signed the "Land Agreement on Assignment of Right to Use.

Afterwards, Changhong Real Estate Company transferred the rights and obligations determined in the "Land Use Right Transfer Agreement" to Wansheng Company.

The boiler factory required all employees to buy out their seniority during the process of enterprise restructuring, but the existing funds of the boiler factory were not enough to pay the compensation for the employees who bought out their seniority. Wansheng Company was required to add 120 million yuan in additional funds.

To be honest, Wansheng Company was unwilling to pay the money, but considering the huge profits of real estate development, Wansheng Company finally paid 120 million yuan to the boiler factory as required.

For this reason, Guan Keyu, the chairman of Wansheng Company, was very dissatisfied, but considering that the demolition work that would start soon would have to rely on Yu Lidong's efforts, he approached Yu Lidong and told him: as long as the post-demolition work is done well, it can be completed quickly. Wansheng Company will not treat Lidong badly in case of demolition.

Five months later, the demolition of the boiler factory was completed. Yu Lidong, through the assistant to the chairman of Wansheng Company, asked Guan Keyu to fulfill his previous promise. Received 10 yuan in cash from Yu Lidong.

After that, Yu Lidong received a bank cash check of 1 yuan in the name of travel expenses from Wansheng Company.Shortly thereafter, the Boiler Factory reported to the higher authorities, demanding that Lian Yongning, the leader of the demolition team, be paid a reward of 1 yuan.

Yu Lidong received a bank cash check of 1 yuan from Wansheng Company in the name of land expropriation, and then paid the money to Lian Yongning. Planting money cannot be taken.

A few months later, Yu Lidong felt that Lian Yongning was right. The two sums of money he took were recorded in Wansheng Company, so he withdrew [-] yuan in cash and handed it to Wansheng Company's accountant to offset the previously received payment.

Three years ago, someone reported to the relevant departments that Yu Lidong was involved in corruption in the process of restructuring the boiler factory. Yu Lidong was then asked to cooperate with the investigation and was detained. After that, the case was transferred to the procuratorate.

After Yu Lidong was detained, he was stunned for a moment. He didn't know what materials the procuratorial agency had, so he took the initiative to confess that he asked Guan Keyu for cash when the procuratorial agency only had clues about his bribery of 10 yuan. The fact of [-] yuan.After that, Yu Lidong returned all the stolen money to the procuratorate.

"In addition, according to the evidence on file, the boiler factory is a state-owned enterprise that was established on March [-], [-]. At the end of [-], the boiler factory went bankrupt and underwent corporate restructuring. In September [-], it was Revoke the business license.

After the defendant Yu Lidong became the director of the boiler factory, his status as the factory director has not been exempted by the documents issued by the superior department.Half a year after the completion of the restructuring of the boiler factory, he was appointed by the superior authority as the director of the county cement factory to be responsible for the restructuring of the cement factory.

The boiler factory was restructured through the overall transfer of land. During this process, Yu Lidong has been serving as the leader of the enterprise restructuring leading group and a member of the demolition team.

In May [-], Yu Lidong signed an agreement to terminate the labor relationship with the boiler factory.

When Yu Lidong demanded the fee from Wansheng Company, he had already terminated his labor contract with the boiler factory and was no longer the factory director of the boiler factory.

Yu Lidong has already terminated his labor relationship and no longer holds a position in the boiler factory. I have doubts about whether he constitutes a crime of corruption. "Cao Yongzheng finished speaking and looked at Fang Yi.

"Is the defendant, Yu Lidong, still serving as the leader of the enterprise restructuring leadership group after the termination of the labor relationship?" Fang Yi asked while flipping through the case files.

"Yes, he has been the team leader until the end of the boiler factory restructuring." Cao Yongzheng nodded.

"What do you think?" Fang Yi looked up at him.

"I want to plead not guilty to the defendant on the grounds that:

The Boiler Factory made a decision to terminate labor relations with 210 registered workers in the factory, including Yu Lidong.

Yu Lidong signed the "Agreement on Economic Compensation for State-owned Enterprise Restructuring and Dissolution (Termination) of Labor Contract (Labor Relations)" with the Boiler Factory.In May of the same year, Yu Lidong registered as an unemployed person at the county unemployment management office.

Subsequently, Yu Lidong's personnel files were handed over to the labor market for custody, and social pension insurance was paid by individuals.At this time, he was completely divorced from the state-owned enterprise and no longer had the status of a state employee. He was entrusted by Guan Keyu, the chairman of Wansheng Company, to coordinate the demolition of the boiler factory. After that, he asked the chairman of Wansheng Company for I think the 10 yuan should be recognized as remuneration for the demolition work, which is a civil act. "Cao Yongzheng was a little apprehensive, this was the first time he had discussed the case with Fang Yi.

Fang Yi leaned back on the chair and rubbed his temples: "I remember that in the late 20s, there was a heated debate between the 'identity theory' and the 'responsibility theory' regarding the identification of state functionaries.

However, after the revision of the "Criminal Law" in [-], the mainstream views in both theoretical and practical circles believed that the "responsibility theory" should be adopted in the identification of state functionaries.

It cannot be determined simply by the defendant's 'identity', but it should be determined whether the defendant is a state employee based on whether he is engaged in public affairs..." Fang Yi stopped halfway, looked at the little fat man Cao Yongzheng, and stopped say.

After listening to Fang Yi's words, Cao Yongzheng pondered: "That is to say, whether the defendant is a state employee does not depend on whether he has terminated his labor relationship with the boiler factory, but on whether he is actually still working in the boiler factory as a supervisor. , Management of state-owned assets."

"That's right! This is the mainstream view of the judiciary. Go on." Fang Yi is quite satisfied with Cao Yongzheng's reaction, at least it shows that the little fat man in front of him is not a lump of elm, but the knowledge system is a bit outdated and needs to be updated.

"That is to say, during the restructuring period of the boiler factory, the defendant Yu Lidong, as the leader of the restructuring leading group, was still the de facto 'top leader' of the boiler factory and was responsible for the supervision and management of the boiler factory's state-owned assets.

Although Yu Lidong signed an agreement to terminate the labor relationship with the boiler factory and registered for unemployment, he is not an ordinary employee. He is still performing the duties of the factory director, and is still the leader of the restructuring leading group, and is actually in charge of managing the boiler factory. All the affairs of the state-owned assets are still responsible for the supervision and management of state-owned assets, and they should be recognized as state employees.

In the case evidence, both Yu Lidong's statement and witness testimony mentioned that Yu Lidong provided professional help to Wansheng Company during the transfer of the boiler factory's land.

In addition, although the right to use the land belongs to Wansheng Company, the relocation and resettlement of the boiler factory workers are the work of the leading group of the boiler factory restructuring. Yu Lidong provided Wansheng Company with got help.

That's it!It's all smoothed out! "Cao Yongzheng's small eyes shone with joy.

He had been scratching his head before because the identity of the defendant in this case could not be determined. Now that the identity issue is resolved, the rest of the matter will naturally be smoothed out.

"Don't worry, the defendant has committed a crime of corruption, so what is the job of our lawyers? We can't speak during the trial and say: The prosecutor is right, we don't have any objections!" Fang Yi looked at him with a smile.

"No, I think there is still something to defend in this case." Cao Yongzheng scratched his head in embarrassment.

"Oh? Tell me about it." Fang Yi thought the little fat man in front of him was quite interesting.

"At the time of the incident, the procuratorate had only grasped the situation that Yu Lidong had obtained a cash check of 1 yuan for travel expenses and a cash check of 1 yuan for demolition and relocation compensation from Wansheng Company.

But later, Yu Lidong returned the two sums of money to Wansheng Company.Therefore, I believe that the fact that the procuratorate accused Yu Lidong of accepting [-] yuan in bribes from Wansheng Company has insufficient evidence and cannot be established.

After the incident, the defendant Yu Lidong voluntarily confessed his criminal facts of soliciting 10 yuan in cash from Guan Keyu, chairman of Wansheng Company.

According to Article 2 of the "Opinions of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Handling of Duty-Based Crime Cases Concerning the Sentencing Circumstances of Determination of Self-surrender and Meritorious Service": If there is no voluntary surrender, but one of the following circumstances, surrender is considered... ([-] ) The facts of the crime targeted by the clues held by the case-handling agency are not established, and the criminal confesses the same crime outside this scope..."

Therefore, Yu Lidong's voluntary confession of his criminal facts of soliciting 10 yuan in cash from the chairman of Wansheng Company should be regarded as the first conclusion.

If Yu Lidong hadn’t demanded 10 yuan from the chairman of Wansheng Company later, I would have defended the defendant Yu Lidong’s innocence, but with the 10 yuan, I could only plead a misdemeanor.However, there is a surrender... I want to seek probation for the defendant. "Cao Yongzheng's small eyes are full of confidence.

"Well, this case has been judged, let me know." Fang Yi nodded in satisfaction. He felt that this little fat man was very spiritual, and he belonged to the kind of people whose ancestors and masters eat and eat, and could be cultivated.

Fang Yi looked up and saw that the sky outside the window was already dark, so he glanced at his watch hastily: "I have to go to the train station to pick up someone, so I won't chat with you anymore." After speaking, he picked up his bag and walked out quickly.

Cao Yongzheng agreed, and looked at his watch, it was almost eight o'clock.He didn't expect to talk for so long. (end of this chapter)