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My forty years struggle for freedom and justice preface

3/2/2016 18:49| 发布者: 郭国汀| 查看: 1359| 评论: 4|原作者: 郭国汀

By Thomas Guoting Guo

The most valuable biography and autobiography of times, neither are those ' VIPs ''(big-power holder or privilege-rights owners) whose pretentious self-boasting, nor famous star's confession morning for Fuss (without disease but pretend painful mourn), but are those truly record genuine gentlemen and ladies' history of their growing, struggle heart and soul’s road, painful spirits hell test, joyful of rebirth and raise of soul from incarnation.If reader find my autobiography is utterly different from both, and feel electrified by my words and sorrow true story, and my heart-broken sixty years struggle and unbelievable sacrifice, I will thank our Lord for my effort did not waste for nothing.   
1   My autobiography first published in a Legal magazine called " Lawyer and Legality" by Zejiang Province Lawyer's association on January 1994, after they named me as the second of the top four young lawyer in China ( that is Beijing Mr. Gongsha, Fujian Guo, Guoting, Shanghai Tao Wuping, Hebei Li Weiming)  Ten years later, the other three top lawyers all become ten millionaire, only me was except, for I might be the few lawyer in China who say no to the CCP and refuse to bribe judges.
2   In January 1994 I become the senior lawyer in China, In 1997 I was qualify as the first degree of the senior lawyer in China( In China there are five degree of lawyer, first degree senior lawyer, senior lawyer, middle lawyer, premier lawyer, and paralegal); however, since I deny the CCP authority or bribe judges, my practice as a senior and top maritime lawyer did not bring me wealthy, but dignity and good reputation, as the " honesty, integrity, righteous, and justice" lawyer in China. I have been proudly saying that I am a born gentleman with noble soul,who must be have great life mission, since March 1984.  My autobiography has been inspiring many young boys and girls to struggle for a better life and stand up persistently to fight for either their career or for the country, since it published twenty years ago. I have much more breathtaking adventures and glorious fighting story, which never publicly reveal and this is why I know my autobiography will become international classic work.  
3   In fact, I am not a man who prefer self-boasting at all. During my ten years forced exile life in Canada, I have been deny numberless invitation for interview, even turn down three TV video special program design for me three times with thank, including BBC, CBC, and NTR TV station. If I want to boast, borrow from these newspaper or website and TV station is the most efficiency way to quick earn great name in the world. Because I need focus my mind on further studying and I judged that my time did not come yet. After ten years unimaginable hard struggle,  I know My time is coming and I will stand up again.
Charter I     My Golden Years as a lad
1.I   Changting, the capital city of Kejia in Fujian province. 701 AD Tang Dynasty set up Ting Zhoufu, the town is surrounded by green hill, in her north is abyss combine vally Lying Dragan Mountain, in her south is a pretty stone which called "Chao Dou", the mother-river of Kejia-the Ting river go through the town as if a sword cut the city into three parts, which made this unique mountain-town like a pear shining in multiple hill and mountain. The fertile land bring with talent people, Changting as a well-known cultural historic town, her delicious cuisine also earn her good name. In the end of 19 century, a British ministry Mr. James Martin, after he travel almost whole China, published a book which named her second only to Fenghuang, Hunang as the most beautiful county town in China.I am so lucky was born into this gorgeous town on 10 January 1958 by the Ting river. I was told that the date sun shining, but last night a large snow make the whether cooling. When I was teenage I read the Birthday Build up One's Characteristics by Russian physiologist Bapu Lofu which stated that those born on 10 January usually has the characteristics like Mei Flower which like blower among snow, persistence staff starburn, love study quite smart and clever, promising and successful career, many people like you, but you should care those who curse you in the dark. When I recall my forty years travel of life, suddenly I find that it pretell a true story.(Thomas note: I tried to translated my autobiography into English, sincerely invited any English teacher to polish it.Thanks advance. It is said that practice make perfect.From now on I will do my best to practice whenever I have time. )
1.2   My first crying when I was born did not find any special genius quality. My eyes is not large but shining with spirit, 168 cm or 5.7 Inch only taller than Napoleon a little, but quite strong and healthy.It said belong to golden figure, and in Chinese 168 pronunciation sound like become wealth all life long; however after forty years extremely hard working, I become the poorest "great lawyer" in the world despite quite prominent in both domestic and international circusman. My face might not cool, however I thought at least I am quite handsome, led my beloved daughter always show her strong dissident opinion that you boasting! Almost all famous figure would like to found out their noble ancestor several hundred decade ago such as emperor, King or at least a noble class to borrow the light not quench for their own used. I am not except. Checking up twenty forth history of China, did not find any great figure in my Guo's family, then I further research until middle Tang Dynasty I find that prominent prime minister and great general Guo Ziyi who have so much same characteristics as I am, and my ancestors all are either merchants or Confucianism scholar officers, thus I identify him as my ancestor, at least will not lower down my social status. As to whether I am a fake offspring of him, I have no way to confirm it. Anyone who suspect my bloody noble family purity, must be so some extensive academic research, the thesis of the ancestor of Thomas G Guo certify and identify, it is highly possible help you to earn a phD in history of China.
1.3    The earliest event I still recallable is after I was three years old. My remorious ability is not good enough, otherwise I might be a genius instead of a stupid fool. My sister told me that when I was born almost took away my mum' life, because she suffered blood lost after boring me, while my father was drived to a small village far away from downtown about 25 km. My brothers and sisters were too young to handle such issue. Thank to the God, my father just back home in time for reporting his works to the bank leader, immediately sent my mum to hospital, save both my mum and my life. My mother told me that I almost lost my life when I was only a few month old for 'lost water' in my body. When I was three years old, one afternoon, a group of bank's children back home after school, my mum asked me whether I am willing go to kindom garden? Yes, I answer. So I entry centre kingdom garden of the county. On class kid learn to remember Chinese words, play game, singing, dancing, made mankind or animal with soil, drawing etc. I was selected as the member of show (propaganda) team, enjoy the privilege always singing and dancing with a group of cute and lovely little boys and girls, I was so happy that would not willing to grow up. When I was five years old I fall in love with a beautiful little girl whose name is “Lotus flower”; however, I never revealed my true feeling to her for lacking courage. Even if only as a little kid almost know nothing, I already love beauty and cute girls. It seems my personal story offer some evidence to certify Floyd's psychologist theory principle?
1.4   When I was a kid I am quite chubby and must be rather cute, for my parent's bank colleague and big brothers and sisters all like me. As to the "Great Leap Forward", "People's Commune" campaign, I have no impression at all. Since I was four or five years old, I always thought the great issue of life and death. Why human being have to die? since lacking philosophy thinking power, I am not able to resolve the problem. If one day my father, or mother, or sibling died, what shall I do? Therefore, I always had bad dream during night, usually dreamed ghost chase up me, although did my best to run away, I neither can move my leg nor body, the ghost always easily seize me, at that moment, I wake up with noise crying. I also constantly freely flying in shy, my hand like wing carry me fly to any where I want, in my numberless dreams, I visited many wonderful wonderland which I have never went their, such as magnificent city, strange mountain, pearly snaky rivers, diversity colourful flowers etc. During these wonder dreams I did not want it stop, but whenever I try to land for seeing the landscape. I would wake up immediately, so whenever I had such sweet dreaming, I would not let myself wake up. Another very unique dream I had experience is that when I fall into deep dreaming, I would fly into high heaven, surround all are dark and light-less, my body become smaller and smaller, flying from fast to lighting, at meantime, I feel painful in my breast, finally the darkest heaven totally swollen me and I disappear in the endless universal. Sweet dream always hardly complete, while bad dream hunting in stick.
1.5   I was a shy, quite little boy through out all my student life, not noise at all.According a theory proved that I belong those not so smart or flexible genius kid. Up to date, I only quarrel and fight with other kid once, while I was a third grade student in the centre primary school, a boy called me " son of landlord! " I return him with a slap in his face, he fall down to ground lie there for a while unable to stand up. From then on, he never dare to show any disrespect to me any more. I usually very gentlemanly; however, once I lost my temper and fill with fury, my fellow students all fear me. It said that when I become fury I looks like a hungry male lion, eyes shining green light, hairs standing up, awesome and scare indeed.
1.6   However, I myself never learn what I looks like when I become angry, because I seldom lost my temper. I was born a compassionate kind-heart gentleman with noble soul, pure enough reach naive level, always trust even strange, willing to help anyone need help, never tell a lie, except noble one.Therefore, my classmate all like to be my friend, I never make any troubles too.
1.7   I have a happy lad life, enjoy many joyful play. each summer vacation, I usually went with my bank lad and lass to a garden full of fruit trees such as chestnut, Chinese date which name as Meiling Nanzai by the Ting river. We always spent whole day in the tree and flower and grassland. I often play a game which need a group of child to compete for hit exactly at the object, which need expert to use both your brain and hand, foot and body cooperate. I also constantly rent picture story in street, to enjoy myself fall into day dream while reading.
1.8   I have six siblings, my family rely on my parents humble salary about RMB 120 per month,although both my parents working at bank as professional cadre. The mean income not enough to support nine mouth, thus we should save every penny in order to maintain our daily life to next salary come to our rescue. In order to mend up basic living, my siblings made march box, rear chicken, duck, rabbits, and cat. All my parents and brothers and sisters have their lunch and dinner at bank's public dinny-hall, with 5 cent a desh vegetable, occasionally 10 cent a plate of see line fish, or yellow flower fish, which become so expensive now. Only in weekend, my mum would cook a delicious noodle with meats and sea fish together which seduced me to mouth-watering. Each Chinese new years eve, mum become great chef while four sisters were chef-assistance, preparing a luscious cuisine, I always greedily eat such testy foots until the last moment.
1.9   Both my brothers and sisters are good at singing, which benefit me develop a strong sense of melody, privilege me with a rather wonderful singer with an gold voice. A large number of Mao's citation song and the songs of "the great proletarian revolution", even today I can sing without look at the melody text.
1.10  The joyful enjoyment thing for me must be fishing by the Ting river. At nine years old I learnt how to fish, everyday after school, I usually went to river fishing, use an insect which fish especially eager to eat, of course they do not understand that the moment satisfy their testy was sacrifice their short living life, finally I become an expert of fishing, until one day when I was 11 years old, at a afternoon I and Mr. Liao Hong, the only son of a high rank-cadre from Fuzhou when they were sent by CCP to countryside as a punishment living at same house with my mother at that time, went to a pond at Chen bridge, Coutian commune, Changting to swim, when Liao swim to the centre of the pond with a life- safe equipment around his neck, because he carelessly realise the gas in the equipment, as the result he was falling into the pond, in a scare emergency, he seize my neck force me accompany with him to emerge into water together. Thanks the God I have four years experience of swimming, did my best drawing him to the bank of the pond, rescue his life, although we never back to that secret pond again, and never told our parents what has happened.
1.11    I learn how to swim at six years old in the Ting river, soon can manage with a okward "dog-swim", until ten I master "free style swim". At seven I first testy the death-god, because I was too confidence to my skill of swim; when only learn how to swim with a "dog-swim" skill, I dare swim into deep water area at "Long yen Tang", a moment later, I was disappear in the water, while drinking too much unnecessary water when I am not thirsty at all, again, thank our Lord, who sent My elder brother Guoqing to my rescue, when he saw me up and down in the deep water, he make sure I am not on training lesson, so he make a great decision to help me out of the water, by accident he save a great life, made a great contribution for Guo family.










引用 郭国汀 3/2/2016 18:02
Chapter II     What will be will be

2.1 The chief editor of the journal in HangZhou's Lawyer and Legality invited to wrote down my lawyer's career. This make me half joy and half worry. I feel happy because my work start recognized by our society, I do not know is there anything is worth glad than one become a useful man to society. I am worry because I am neither big-power holder or privilege-rights owner, nor well-known lawyer, plus I feel ashamed for my poor writing skill. One month fly away but I did not write a single word, days ago, the editor called me again, made me have to close myself at home, refuse singing and dancing as well as dinner party, trying my best to write something.

2.2  I am crazily love reading in my whole life, in essence I am a bookworm, one of my hobby is buy and collect various books. While my reading involving diverse subjects, I always read books from first page to the last one. I have read through translated by Mr. Zhu Shenyang's William Shakespeare's 16 Vol., Chinese Four Books and Five Classic; famous writer Lu Xun's 32 Vol. Ling Yutang's 28 Vol. Hushi's 4 Vol. and Liang shiqiu's 4 Vol. and many other Chinese writers works.

2.3   Have repeatedly recognize that I am a 'stupid fool', yes, I am not smart as genius who only read a few pages are able to catch the main points and key thesis of author's ideas. In order to write love letter to Ms. Lotus flower, an eyes doctor in Tangsham, China,I have read at least 50 vol. poems, including Greek epic poet Homer's Iliad and Odyssey, and Tang Dynasty's hundred greatest poem, and Song's essays.

2.4   Except Chinese classic novels such as Three States Drama; Western travels Daily,  I had read French great writer and poet Hugo Victor's The Toilers of the Sea; Les Miserable,and The Hunchback of Notre Dame; Balzac's The Human Comedy; and Stendhal (Henri Beyle)'s Red and Black; English writer Dickens, Charles' Oliver Twist;Thomas Hardy's Tess of the D'urbervilles.America writer Margaret Mitchell's Gone with the wing; Gustave Flaubert's Madame Bovary.  Leo Tolstoy's  War and Peace and Anna Karenina; and Russian writer Chem Orlov's How does the steel be produced?   

2.5   All these collection, poems, novels I have read from first page to the last one; through extensive reading, I have build up my whole picture of life, develop my life philosophy and top values as the truth, kindness, and love, as well as the beauty. Especially those taff robust man's unbreakable spirits of persistent, resolute, obstinate,and those gentlemen's passionate love, righteous,justice, generous,kindness,and humanism and devote spirit to human liberal and justice, no matter facing disaster or tragedy of natural or man made one, showing their positive heroic historic poemic courage, give me huge influence.

2.6   I hold the faith that " it can not being a good soldier who do not dream to be a general" philosophy. I have set up my struggle aim one after another. Ever since entry the Jilin University, I decide to be a law professor as my endeavour aim; In third year at the law school, I set up a end to write and translate 100 books in my life, when become a lawyer, I determined that I want to be an international lawyer who will defence Chinese interest in the international court.

2.7   My ambition of caused some cold ironic laugh from of my friends and colleague, some satirizing me too crazy forget who I am, other sarcasming me do not know how high of the Heaven, how thick of the earth! However, I have a strong faith that one's struggle aim: the greater  far eye-sight, the greater achievement of possible. because that resolute one great ambition is the first step of any success. It is hardly possible for a guy who has no great dream or short eye-sight to obtain electrified vivacious shaking heaven and earth achievement. When I recall my road from a furniture carpenter who wonder around mountain and village, to knowledged youth receiving the re-education from the poor peasants in that poverty valley and mountain to do endless slavery backbreaking labour; become an University law school student and foreign lawyer as well as law professor, and forced exile into oversea as a penniless poorest great lawyer in the world, I believe that establish a great idealism combine the cause of the nation, work and study with diligent, careful, responsible way, persistent struggle and go forward, should be the best road for each success winner.   

2.8   Although studying at law school and major in International law, I become an attorney purely by accident, it could be said that is my karma's arrangement. Born from a family of landlord with parents had member of National party and Three Principle of Democracy Youth league, both my parents and siblings suffered great political and economical as well as social discrimination after 1949 when the CCP seize the political power mainland China through illegal violence, as a offspring of "black-five family" which is Landlord, rich peasant,counter-revolutionary, bad element and rightist, I never even dare to have a dilution one day I could entry university.

2.9 When I was eight years old In August 1966, Physical science Professor Liu Mingchen and a group of young university lecturers, walking crossing China with their bare foot, for testy the "long march" of red army had suffered, at least alleged by the CCP, from Changchun, Jilin province to Changting county which is one of the oldest basis of communist revolution, and lived in my parents working bank, where my home dormitory the same building. I hospitality led professor Liu visited a number of old war legacy locations, from big mountain to zigzag snaky river, from then on set up a life- long friendship with Professor Liu's family. I never realise that fourteen years later I will cross almost whole China, few thousand mile far away from my hometown Changting county, entry into Jilin university to fulfil my even in dream dare not imagine, to study law and diverse disciplines. I always thought to know and become close friend of Professor Liu must be the God blessing, both Liu and his wife are professor of the university, Ms. Xu Wenfang, is a political science professor at the same university both of them are very honesty,with a kind-heart, caring, intelligent and extensively knowledge person.

2.10 After four years continually took entry exams for university, plus Professor's recommendation, finally in 3 September 1980, I was lucky enough to entry into this leading university which even in my dreaming and sleeping to desire entry there studying. I value this studying life very much, for I know too well it is invaluable for my career and future life. Therefore, I did not have any summer or winter vocation, nor have sunday, except each week have three afternoon to have physical training with long distance running, after classes, all my time were socking myself in the main library of the university. After four years extremely hard-working in reading and studying, as if hunger and thirsty for food and water, My critique and analysis thinking power raise up to the summit, find so many error, wrong and ridicule thesis of official philosophy, jurisprudence, and legal theory, and submit many suspected and challenge, at meantime, I arguement lots of independent idea and thought, which utterly different from official explanation, I never thought that because of my philosophical meditation, I would be misunderstood as psychiatrist, forced into Ciping mental hospital with force brain-washing for twenty-one day, until my father and elder sister took train from thousand mile away to hurry to northeast city Ciping to my rescue. Twenty-one day's mental hospital life, I was forced to eat lots of medicine which at first eliminate almost all my memories capacity, completely destroy my superior thinking power which took me years extremely hard working. Give me an experienced a disaster down from career zenith to the abyss of the hell, which almost drive me into committed suicide. Overnight I become well-known "mental disease illness", which made me neither can laugh nor cry, even if I have hundred mouth, is not able to clean my reputation as a normal healthy in mental condition.

2.11 To prove myself who I am, I decide re-take the entry exams for my master of law, major in International Maritime law In July 1984, for it is alleged that the lawyers are social elite, and maritime lawyers are lawyer's elite, I never realise that In January 2002 I was appointed as the top maritime lawyer in China. The chief Judge of the Maritime Judgement committee in the supreme court, when I met him first time in Beijing, praise me as the "Talent great lawyer", " I dare not,How dare I borst in front of the supreme court' great judge? " I reply. Another chief judge in Guang Xi Maritime court, wrote me a thanks letter named me as the " the master teacher of maritime law", when I read such praise I almost forget who I am again! I am the only student who choose the "teaching and researching" as graduated profession. Instead of my willing, I was assigned to Fujian province superior court as future judge; however, before left Jilin university, I was re-sent to Fujian People's representative committee, a provincial level legislature agency; which again someone took my position and change me into the Human resource Bureau of Fujina province, from there I was lucky enough to join Fujian Foreign Economic Law Firm, starting my rocky lawyer's life.

2.12 Make resolution is a matter, realize one's great ambition is another. Due to my major is International law, I was the only one among nearly thirty graduated university students who were sent to Fujian Judicial Bureau, and who was appointed to Foreign Economic Law Firm which located in Fuzhou, Fujian. The director of the Firm Mr. Zhao Xiuguo and several lawyers warmly welcomed me to join them. At every beginning, I do not what I can do, for I have no idea about lawyer's business, the knowledge I learn from the university almost useless. The set up at July 1984, few clients even less cases, Plus, I come from thousand Li away Changting a small mountain county, neither have any relative nor classmate, thus, seven month pass away, I only handle a economic dispute case which did not finish. My boss Mr. Zhao asked me draft a Sino-Joint venture contract, I am not sure how to draft contract that time, simply find four other company's contract as model, draft a contract which even myself have lacking confidence. I also as an interpreter, attend a negotiation on Sino-Swedish Joint venture, but one only later, I have to recognize that my English capacity did not qualify as the interpreter yet, thus I work whole night until the dawn, translated all contract from English into Chinese. Then In March to July 1985, Director Mr. Zhao sent me to East China political and law college to attend a special program The First Law School of China English Teachers Further training studying; thus, the first year in the law firm, I almost did not handle lawyers business, which give me a period of time to self education, I read through a number of English Law books, which set up the fundamental basis for handling foreign lawyer business legal English.

2.13 The first criminal case I handle is a Corruption case, I act as the defence attorney,since I have no experience how to deal with it, for discreet reason, I invited senior lawyer Mr. Zou Guofu as the chief defence attorney while I as his assistance. Despite I did not open my mouth during the hearing, after judge announce the close the court, I found myself sweat for too nerves, because I have no idea how to carry on of lawsuit procedure, neither know how to cross-examination, debate, refute the prosecutors argument.
2.15  The Second criminal case I act as lawyer Li Weiming's assistance, who is an experience talent young lawyer, the case is well-known Du Guozeng's case in China, In the middle court of Fuzhou city, I found there are forty five volume file of the case, made me really head, although I stay at the court whole day, only read two volume, but I am not sure what notice I should take. Thanks the God, Director Zhao assigned me to handle a another foreign case, I use this as excuse to avoid continue to handle that make me headache case. I really admire those lawyer who are able to handle such a case with experience and confidence. Even if only read through all the file it would have to take at least twenty days, not to say to take note by hand, not copy by machine, and lawyer fees only RMB 100, equal USD $ 13.
2.16   The third criminal case I dealing with was a rape case, the alleged victim is a girls of thirteen years old. The prosecutor alleged my client rape the girl with violent force the girl had sex with him. From the case file, I find that although the statement of the girls are match with the prosecutor's charge, but clearly not meet logic,while my client utterly deny all of charges. Then I visited and inquire the girl in labour camp, where she received a punishment for her prostitute act, for two years of labour reform. Obtain her statement reveal the true fact: because she was forced into labour camp for her sell her sex for money,her camp-roommate persuade her that to reveal her former boy friend, then he will give her money regularly. The girl looks older than her age, she told her boy friend that she was eighteen years old worked at a factory as a worker; my client is a short guy only 1.58 cm tall work at countryside, hardly can find any girl friend. they first met in a dance party in a park. within two months, they went to several dancing hall to dance more than ten times, the girl ask the man buy her a watch, some cloth, and in his bed room they had sex once. After obtain the key evidence, I make a strong defence for my client, apply the court to be as our witness to receive cross examination in the court. The court adopt my argument and made a judgement of guilty but not put into jail for special situation that the boy did not know the girl is only thirteen.so no punishment order.
2.17   The success in this case, help me realize that the top important of evidence in any lawsuit. the case also is my first success experience bring me joy. From then on, I have handle more than twenty various criminal cases, including intently murder, intently harm, stolen, bribes, torture for confess, rape, hooligan, organize arranged woman to prostitute, illegal entry into private house without permit, counter-revolution. etc.
2.18   As an criminal attorney, I pay much attention to read original case file, investigation, gather evidence and information, legal theory study and research, and analyze evidence., especially focus on prepare trial hearing defence, cross examination, draft and written defence statements. Before the hearing I always can not fall into sound sleep for too excite to fill my brain with all relevant fact, evidence, and law; while try to figure out all possible charge policy of the prosecutor and my Strategies. I also hardly can have a good sleep whenever I complete a satisfy case for too happy and too excite to fall into sound sleep. However, whenever, my strong and persuasive convincing case did not obtain expected result, I always feel disappoint, painful, even depress for a few day.
2.19   The first economic case I handle independently is the Fuzhou food industry companies buying and selling ice egg contract disputes. The investigation has obtain sufficient evidence very favourable for us, but due to lack experience, I did not require the units seal the document, despite I am from fact, evidence, and legal aspects, offer a strong argument, the court made the judgment in favour the defender and we lost. I insisted on appeal, but my client do not want to risks any litigation costs, decide to give up the case. It's from this should had win but lost case, taught me a big lesson. I learn the heavy responsibility of lawyers, even a slight negligence can cause huge economic losses. From then on, I was more careful in handling cases, and strive to thoroughly understand the case, knowledge of the facts. Meanwhile I also hosted more than 20 various types of civil and economic cases involving real estate, marriage, inheritance, support, partnership, agency, buying and selling contracts, construction contracts, tort, labor insurance, trademarks and maritime. I was almost indiscriminately, not care whether has handsome pay, to go through these small case or hard case. my lawyer business foundation is laid at this period of time.
2.20   Since September 1985, I become the part-time teacher of Fujian TY university, The Training Centre of China Lawyers, East-China Political and Law College, and Fudan University, teaching " Public International Law", " Private International Law", " International Economic Law", " Lawyers practice", " Civil Procedure Law", and " Civil Law".
2.21   I have a lesson learn from my careless for my first course of jurisprudence, which at first class quite success, because I had prepare it well. However, but I failed the second one, because I have to handle a criminal case before the class, that left me no time to prepare my class, which I only wrote a outline, instead of a full lecture text, when I try to speak loud to cover my fault, a female student satire me, I feel ashamed and quip the course, and from then on, I never committed the similar mistake again.
2.22   Many of my students are mature adult who lost their opportunity to have high education because of Mao's totalitarian dictatorship policy, some of them in fact are rather intelligent with rich life experience and wisdom, but they are so diligent and very careful to deal with their studying, that inspire me to prepare each class well, and do my best to make my lectures in clear and concise manner, with logic power, and easy understand. Through teaching, raise up my capacity of expression ability both in written and oral speech, also training my flexible adept capacity.
2.23    Handled about a dozen criminal and civil case , well-known lawyer Mr Li weimin publicly said that I can not become a good lawyer , nor suitable to be a lawyer. The reasons are: First, too bookish , second, too serious , third, if not good at public relationship, there would be hard to have clients, no clients, of course not fit to be a lawyer .
2.24   Although the criticism is sharp , but it is hit the core. I have to rethink whether I choose lawyer as my career is correct. Review all cases I have handled, I was surprised to find that most successful case not because my eloquent argument like Socrates , but because those are good case.
2.25   This remind me of an American professor' wonderful answer" How can one be a good lawyer?" student asked : " First of all, have a good case; Secondly , there must have good evidence, thirdly, to have a good jury; finally, to have a good judge !"
2.26   I also found a few I thought I was a good defense case is unsuccessful result. This in turn reminds me of some judges so arrogance in and out of the court, see and hear some lawyers before the judge show their obsequious scene. Engage in such unfair competition, I am absolutely not qualify, after thinking it over, I decided to go my scholars road , so I apply transfer to Xiamen University as a teacher in the early 1986 and sent application to both Xiamen University and the Judicial Bureau of Fujian Province.
2.27    Law School at Xiamen University , Director Sheng and the Dean Mr.Chen An were expressly welcomed me to Xiamen , I did not expect to mobilize working so hard , until six months later the Fujian Provincial Judicial Bureau agreed to release. Xiamen at this time changed their mind , saying that I do not have a master's degree , and no intermediate should not be transferred to universities, so, tune into the work set but ended up not working at ease " reputation ".
2.28   I think since I lack a master's degree , I will earn one. In February 1987 I passed Shanghai Maritime University International Maritime law entry exam for the master of law . I Thought the fate of God has favored me, I can realize my dream of a graduate student , I never expect that another disaster being quietly forced me to .

Guo Note: This autobiography is the invitation "Lawyers and the legal system " in which work ; September 1993 to January 1994 Published in the original set of the magazine . When the " Lawyers and Legal " magazine named China's top four young lawyers , namely Beijing Gong sha , Fujian Province Guo GuoTing , Shanghai Tao Wuping , Hebei Li Weimin . 15 June 2008 amend at Vancouver Island

引用 郭国汀 3/2/2016 18:03
本帖最后由 郭国汀 于 3/2/2016 18:21 编辑

My forty years struggle for freedom and justice III
By Thomas GT Guo
Chapter III Disaster falling from sky
3.1 The virtue for fortune is constraint, while the righteousness for catastrophe is persistence. Calamity often become the excuse of those weaker in mind to surrender their fate good reason, while cataclysm always turn into a good chance for those stronger in will to struggle their destiny.Many people have a common life which like black water too smooth to boring. Some met lots of difficulties on their way, experienced much troubles. Still more after misfortune one from another, lost their characters, wither their will to fight, eventually obey the fate control go up and down with the river wave, lost their personality. Only those who no matter face whatever thorny, arduous,tough situation, never give up but persistent struggle to the end, might ship the fate- vessel, Over the rapids and dangerous, finally reach the ideal aim.
3.2 Career and love are two pillar for one's life. some success in career but fail in love, while others win the love but do not have glorious career. Few luckiest are those who win the sweet love while success in career. As Hunglia poet Bai Tophi said that: Life is value,love has much more valuable. Either ancient and today, or china and foreign, there are numberless heroes for love, even do not afraid of Fire and boiled water,to fight to death. There are many touch heart and soul's love poems, reflect mankind's desire for sweet love. However, because chasing true affection and love, few not only abandoned by one's lover, but betrayed and put into despair situation. Unfortunately,I become such a seldom victim.
3.3 From characteristics perspective, I am an honest,integrity, self-confident, persistent,resolute, determined man, while easily trust other, also has a little Vanity. My mom always taught me that listening Mao's words, to be a diligent, honesty good boy.When I was a kid our text books essays such "the wolf is coming", "from iron to needle", "Kongrong let young brother to have big pear", and several decade long-distance running training,all have help build up my characteristics.
3.4 From my inner mind, I am a passionate, tough outside, tender inside, full of emotional feeling's man. On the one way, full of emotional feeling, remain every help and grace in deep heart and always trying to find chance return others favor, on the other hand, do not fear of any powerful guy nor scare any authority, only obey the truth. No matter how hard the situation, no matter facing whoever pressure, never lower down my proud head. In essence, I am a idealist, pursuing the truth, compassionate, and love, because I believe the nature of the universal is the love. I never remember hate, nor try to revenge, even if to those who had persecuted or betray me, I always forgive them. My imagin for love is idealism, might be it dooms me have to play the tragedy role in my love life.
从性格上说,我是个诚实、自信、刚毅、坚强的人,同时又很轻信,还有些虚荣。母亲的「听毛主席的话,做个勤劳、诚实的好孩子」的教诲,儿时读的:「狼来 了」、「铁杵磨成针」、「孔融让梨」等课文,以及数十年的长跑训练,对我性格的形成影响极大。从骨子里看,我是个热情奔放,外刚内柔,情感丰富的男子汉。 一方面,多情善感,对他人的点滴关心、帮助、鼓励、支持铭记在心有恩必报;另一方面,不畏强权不唯权势一生唯真理是从,无论环境如何艰难困苦,也不论面对多大的压力,从不低下高傲的头。就本质而言,我则是个理想主义者,追求真、善、爱,因为我认为宇宙的本质正是爱,从不记仇,也从不思报复,即便对迫害过自己的混战也能以宽宏之心原谅之。对爱情的憧憬则是理想化的,这也许注定了我在爱情生活中要扮演悲剧角色。
3.5 To career I always have a struggle spirits which is never give up and fight to the end, thus always can overcome barriers go through and capture fortress. but to chasing love I lacking necessary patient,Dedication,and persistence, too much self-respected and Vanity, caused me met one fail after another. The "mental out of mind" accident, utterly destroy my reputation in front of public, in my former girl-friends eyes, I become four grade disable. Anyway, I always have a strong faith that I am innocent, not only I will stand up again to success in my career, but also can find that heart which can trust me and understand my mind.
3.6 In the early July 1986, through a professional magazine, I make made a friend with a girl in Tangshan, Hebei, and named her Furong, simble a lotus flower from dirty soil with pure quality, for I wish she will like the lotus flower has the elegant quality of her soul. Furong is a eye's surgery doctor with strong sense of responsibility, her physiognomy is very attractive, quite pretty with a pair big shinning eyes full of energy, a small but shape nose, a sexy lip with a rose face. She was twenty-eight years old young girl,full of fire passion, just like a rose ready to burst for her lover. I was 28 year old young trial lawyer, with a strong body, healthy mind, smart brain, and swimmer's figure. At the first glance at her, like electrified the fire in both of us bruning out of control, during four months I sent her more hundred love letter, in order to write funny, interesting,and attractive, and elegant letter, I had read more than 50 Vol love poem!
3.7 Soon both of us fall in love crazily, to read her love letter and wrote love letter to her become my most joyful enjoyment. Taken advantage of dealing cases, I went to see her at Tangshan twice, and lived at her apartment, deeply fall in love, forget who I am and where I am. Both of us feel we met a little to later, waste a lots of invaluable time, otherwise we would have enjoyed our sweetest love more. Just like the dry wood meet fire, inevitably between Furong and me have making love as if the end of the world in coming. So We start to discuss our marriage, I wish she move to Fuzhou for my career as foreign lawyer, only in Fuzhou has promise future. She told me the she will to follow me to the end of sky and the corner of the sea.
3.8 Before marry, I decide to tell her all my history without remain any secret, for I hold a principle of absolute honesty to my lover one. On 10 January 1987 evening, I try my best to explain to her what I have thought about philosophy, jurisprudence, and legal theory, and compare with the principles of natural science, such as mathematics, physical and chemical science, with social science, and analyze to obtain the shocking conclusion which totally different with the official opinion, finally I told her my discovered a formula of mathematics, and asked her to certified its correction. It seems I successfully convincing her that I am a sort of genius, then I told her frankly that because of my independent thought and dissident political thought, I was treated as a"Mental patient" by the party secretary in the university. She told me that she complete understood me and said I was a genius, which move me almost to tears, for I thought finally I found my sweetheart.
3.9 However,two months later, the situation turn to sour, at beginning, she love letters become fewer, then on 10 May 1987, she sent me a letter asked for broken our relationship, which I disagree; because trusted her completely, I replied her with a long letter, point out that we could not able to resolve the problem to live together, the main reason is that the human resource system is backforward, and so called" people's democratic dictatorship", in essence is that fake democracy, real dictatorship. in the letter I told her that I was born to be somebody to do great cause, with a purpose to convincing her to believe I am well deserved her love, and will not made her disappointment, did my last effort to maintain the losing love, but she sent me the last letter announce that if I disagree with her, she would not wrote me forever, which made me no choose but accept her unreasonable demand friendly to finish our love relationship.
3.10 The Pain of lost love did not feel good, I understood the root is that made me humiliating accident of "mental patient ", at meantime, I learn that Amoi University turn me down, the excuse is that I did not have a master of law degree neither I had Intermediate title. That led me decide retake entry exams for my Master of law degree, and I success pass the exams for LLM of International Maritime law, my tutor is Professor Zhu Zengjie, a prominent scholar as well a practitioner in admiralty and shipping. I thought I can realise my dream of being a scholar now, however, I never expect that an even big Political Storm, push me from my career summit into a deep abyss which disappoint me so much that I hardly could bear again!
3.11 Ms.Furong is an extremely ambitious woman. While she was in love with me, she keep a close relationship with a Beijing University PhD student; when I told her frankly that I had that psychosis history, even did not finish our relationship,she was in love with that boy, while she also preparing her entry exams for her master degree, but she failed, at meantime that PhD fall in love with another girl and abandoned her. Ms.Furong Suddenly encountered a double whammy career and love, in Chinese called "Jifeidanda", means that chicken fly away, while all eggs broken; caused damaged to her Mental by stimulation severely and therefore at a loss, she thought what I told her honestly about my "psychosis" history is simply make up story, with the purpose to abandoned her.
3.12 Inciting by her sister and brother in law, Ms.Furong shift her own unfortunately responsibility to me, she was so angry that lost her mind, to Launch a shocking false charging, began to sue me play her feeling to my law firm, due to My new boss Mr. Tang Chenzhu's encouraged, she quickly escalated the charge into alleged rogue rape! at meantime, she sent out her Charged materials to the Judicial Ministry of China, the Judicial Bureau of Fujian, the Public Security ministry of China, and Amoy University, called for the prosecution of my criminal responsibility (1).
3.13 All such horrible charging until the director of the monitor talked to me I know nothing what has happened to her. I frankly told the director that I did have a sincerely relationship with Mr. Furong, it is not I play her feeling, but she abandoned me. I suggested that the Investigation and verification herself may clear truth. Then the Judicial Bureau sent two cadre, including Mr. Lin Jun to Tangshan talk to Ms.Furong personal and show her original documents to prove that all my arguments are absolutely truth. Then,the deputy director of Fujian Provincial Department of Justice Mr. Hong jinbao demand me wrote a write a review several times to criticize myself, which I firmly deny, for I did nothing wrong, then Mr. Hong said "If it is the time of anti-rightist, you must be a rightist". "The ridicule anti-rightist time has passed for good", I reply.
3.14 Soon my new boss Mr. Tang Chenzhu used Fujian Foreign Economic Law Firm's name, suggested to give me a punishment as " Disbarment , administrative warning"! The reason why I should be punished is that in my love letters to Ms.Furong, showed " dissatisfied remarks on the personnel system , the people's democratic dictatorship ",and " write naughty words". The suggestion was Approved by the Department of Justice with red colour document, notice and report to the province's judicial system the Ministry of Justice. In another word, China judicial bureau use my personal love letters as evidence against me, because in China neither have privacy rights nor the rule of law, despite the constitutional law did provided that private letters were protected by law. This is the second time I become the victim of such notorious which damaged my reputation and many people learn my name through the noticement.
3.15 Through three years hard effort, I just recover from that severer mental trauma caused by the [ psychiatric ] storm, but suffered a cold-spine hit again, which sentenced death of my political career.I never expect that the Justice ministry would make such a ridicule illegal penalty. The punishment base on individual emotional dispute and private letter, clearly illegal , unconstitutional , and serious violate my right of freedom of communication , reputation and privacy .
3.16 I know the difficult to appeal just like go to heaven, but I still wrote a appeal statement which base upon the reason and law for strong self-advocacy. Then I close myself to translate, using more than one year spare time translated and published the " Modern bills of lading law and practice" and "The art of Judgement ", two legal works, published 10 papers and case analysis. With the help of a number of friends who understand me, such as Mr. Zhao Xiuguo, Mr. Lin Shunsheng, and Mr. Chen Lida,my law license was restored one year later. In fact, during this year, I had handle a leading foreign case which I am proud and proud lifetime, that is, well-known the China first foreign advanced bills of lading dispute.
3.17 However the disaster is far from over , lingering legacy of keen political movement , party slaves and political hacks are happy to see others suffering. I asked for three consecutive years, to take entry exams for graduate education, all denied by the Director of the department of Justice Mr. Wei, whose daughter studied in USA, but he pretentiously taught me,to work with 'peace of mind' in China can contribute to the country! In 1990, my fourth demand to take the entry exams for my master of law, were permitted, and I passed the exams with excellent score. I must be one of the best candidate, for I had handle hundred various cases, including a number of maritime, admiralty, foreign cases, published more than twenty papers and case analysis and two translated law books.
3.18 However, Shanghai maritime university, Amoy university, and Beijing university all turn me down.Later I learn that Political director Zeng Changchun who enjoy the [ smiling tiger ] reputation, secretly put in my profile that : " this man's thought is reactionary, not fit to do foreign work". My master of law program is International Maritime law, which is educated foreign legal talent! When learn the truth, I am very anger, but the only thing I could do is try to transfer my job to get rid of the Department of justice. So I visited the president of Qunzhou oversea university Mr. Zhuang Shanyu, and the director of Organization Division of the Fujiang social science institute. At very beginning, both of them express their warmly welcomed, however, when they saw my profile, everything changed. Under the party-state, the party like the ghost haunt everywhere, and control every organization. Under such a totalitarian regime, any individual lost their freedom and totally control by the party.
3.19 When the political division to punish me as their pleasure, I win lots of teachers, colleague-lawyers, and friends supporting and encourage. In 1987, I applied my master of law study at Shanghai Maritime university, my instructor is Professor Zhu Zengjie, I wrote and told him my unfortunate fate, He not only did not snub me, but regardless of his advanced age, and busy public affair, taking time carried out a careful revise on my translation of " modern bills of lading law and practice", corrected a number of mis-translation. He often wrote me encourage me to do my best, contribute more to my lawyer career and maritime law study. Professor Zhu's sincerely concerned become my spirit support during my hard time. My friends Lawyer You quanrong, Li weimin, and Lin Huarong also encourage me to go my own way. Especially touching my heart is that Mr. Lin Jun, the investigator of My project investigation team, after know all my cases, he decided to recommend to the principal leaders of the Fuzhou city as the secretary of Mr. Xi Jinping, who was the party secretary that time(3). Because Xi need a secretary who are good at law, master English and excellent in writing. I do not know whether there are anything is more value than such trust. If our human resource cadre, leaders can like Mr. Lin Yun to treat people sincerely with respect and dignity, our cause should enough will be much booming.
3.20 Director of lawyers association, Mr. Lin Shunsheng against all the odds, twice hired me give a lecture on international trade law for "Fujian foreign lawyer Training"; He also engage me to teach the Legal English lawyer's practice for "The first Fujian lawyers visiting Hong Kong study tour class". Director of the Foreign economic law firm Mr. Zhuang Zhongxi, trust me and let me handle the "import 5000 tons Chilean fish-meal quality dispute" and " the custom first failed great administration litigation case". Director Mr. Houli helped me move my profile from Fujian Department of Justice to Fujian economic and trade law firm, which belong a company, while let me went to Vancouver and Montreal to handle a international commercial arbitration case, and resolve the problem smoothly.
3.21 After two investigators visited Mr. Furong and she finally learn all truth, she and her mom come to Fuzhou want to restore our love relationship! However, Mr. Tan Chenzhu told me the situation only three years later, if I learn the truth in time, I should have convinced her withdraw her ridicule charged, then I would not have lost my law license at all, thus, Mr. Tan really did me great harm! Due to Mr. Tan told me the truth frankly, although I never say sorry or apologize for his wrong deed, I still forgive his misdeed. As to the love relationship with Ms. Furong, even let me know in time, such a relationship is impossible to restore, because she even regardless of right and wrong, white and black, launch such a shocking allegations against her lover who done nothing wrong, seriously damage my reputation, caused my career huge irreparable damage.
3.22 Confucius said: "only women and the villain is difficult to keep ," Schopenhauer evaluates women quite low. Love deeper, hate more once the love turn sour. When a lady lost her love, she might wished he death and feel happy. This might be some women's mentality. In my life I always have a number of ladies confidante, they all treat me very well, it is safe to say that it is women treat me best, the only except who betray me and led me to the worst is this I named as "Furong" girl-friend. Despite this, she still has the conscience return to her heart. During my first part of life, I have a number of close male friends, but they betray me one after another, and they never have any sincere repentances or apologize. According to my personal experience, it seems, general speaking, that women are better than men, although they also committed error, when they realise the mistake, they might correct it. And "stinky men" also often make mistakes, even if when they know the blunder, majority of them would rather unrepentant.
3,23 In my last letter to Furong I end with: " I forgive you, I do not hate you, at meantime, I sincerely wish you find you happy love. I did fall in love with you sincerely, even today, this true love did not die out, but I love you the old one, today you have change utterly. In our life we might committed many blunders, big or small, my biggest mistake is trust you too much, and your largest error is that you do not trust me. You evalue me too low, just like a chicken only need a millet, but I give her a diamond; I value you too high, like like treat yellow cotton as the golden. You might regret in the future, because you tread broken a kind, sincere heart. There are numberless handsome lad, more VIPs, but Thomas Guo is the only one! Eagle sometimes fly as lower as a cock, but cock can never fly as high as a eagle. I definitely will, and certainly can achieve my career. The history will proved who is right and who is wrong, the time will judge everything in justice. Good bye my good friend, farewell, my past lover. Again, May the God always bless with you". While I wrote the last letter I was tearing, I supposed that my last letter might not become the shells she use to attacks me again. Experienced various unbearable suffering, I did not sink , on the contrary , I struggle hard again.
In October 1993 published by Lawyers and legality; 15 June 2008 corrected in Vancouver Island.
记得我给芙蓉姑娘最后一封信的结尾是这样的:「我原谅你,也不恨你,同时衷心地祝您获得幸福,我曾真诚地爱过您,即使现在此种爱也未消逝,不过我爱的是过去的您,如今的您已面目全非。人的一生会犯大大小小许多错误,我的最大错误是太信任您,而您的最大错误则是不信任我。您过低地估计了我,正如母鸡需要的不过是一把谷子,而我却喂它一把钻石一样;我则过高地估计了您,正如把黄铜当作黄金一样,您将来一定会后悔,因为您踏碎了人世间一颗善良、真挚的心。世界上英俊少年有的是,达官贵人也有的是,然而郭国汀只有一个!鹰有时飞得比鸡还低,而鸡永远也无法飞得像鹰一样高。我一定会、也一定能成就自己的事业。历史将会证明谁是谁非,时间会对一切作出公正裁判。再见了,昔日的好友,永别了,昔日的恋人,再次为您祝福」当时我是流著泪写这最后一封信的,这大约不会成为她再次攻击我的炮弹吧。 经历了种种令常人难以忍受的磨难,我没有沉沦,相反,又重新开始了拚搏。
(1) Thomas noted on 15 June 2008: Mr. Tan Chenzhu was a underground CCP member, used to be the secretary of Fujian province Party's secretary, he was labeled as a "rightist" in 1957, persecuted by the CCP twenty years, suffered great deal. In 1979 after correct his "rightist" he was authorized as the director of Boyan county law firm in Jiangxi, then transfer to be the director of Fujian foreign economic law firm. He almost know nothing of foreign lawyer's business, but good at persecuting others. Due to his encourage, Ms. Furong raise her complain from "play other's feeling" to " rape" while she under in-normal mind circumstances. Mr. Tan revenge me because I support Mr. Zhao Xiuguo while they are compete for power, plus in dealing with the first foreign advanced bills of lading case, I replace him to Lawyer Li weimin and deputy director Zhao Xiuguo, which made he hate me. Three years later, when Tan and me decide to join the law firm set up by a Taiwan lawyer Mr. Lu Ronghai, the consciousness come back to his mind, that he told me personal that Ms. Furong and her mom had come to Fuzhou try to restore the love relationship, but Tan forbidden them to see me.
(2) According to Lawyer Li weimin, parts of lawyer attend the discuss about the penalty, only Li openly against the punishment, for can not use private letters as evidence to punish lawyer. Other lawyers keep silence, Zhao did not express his opinion.
(3) Thomas noted: of course, Mr. Xi might not choose me as his secretary, for if he choose me, today he might not have the chance to be elected as the fifth Generation princelings.
[1] 南郭2008年6月15日注:谭成祖原系中共地下党员,曾任福建省委书记秘书,1957年被打成右派,受中共政治迫害20年,其间吃尽了苦头;1979年评反后在江西省波阳县律师事务所短暂任职,随即调任福建对外经济律师事务所主任;此人对涉外律师业务几乎一窍不通,但整人手段高明;正是受到他的极力鼓动,芙蓉姑娘才在心智不正常的情况下从控告玩弄他人感情升级为强奸!而谭先生之所以如此整我,原因极可能是在他与赵修果副主任争权时我公开支持赵修果主任,加之我在全国首例预借提单案中将他撤换成李伟民律师与赵修果律师,令其怀恨在心;但三年后谭先生因与我一道拟加盟台湾吕荣海律师在福州设立的海峡两岸律师事务所而良心发现,他亲口告诉我,芙蓉姑娘曾与其母专程来福州找我试图恢复恋爱关系,但谭先生阻止其母女俩见我。
[2] 据李伟民事后告诉我,当时事务所部分律师参加了讨论,唯有李伟民律师公开反对该处分意见,因为不能以私人信件作为处罚律师的依据。其他律师均未表态,赵修果副主任不置可否。
[3] 南郭注:当然习近平不可能选择我任其秘书,因为若真如此,他今日决不可能成为所谓第五代太子党培养对象。
引用 郭国汀 3/2/2016 18:11
My Forty years struggle for Freedom and Justice V
By Thomas Guoting Guo
"The great value of Biography or Autobiography lies in the feeling of the attitude of great men face the world and people’s social and personal manners , of their spiritual personality charisma , of their characteristics strength, and of their age style. The great figure's character fight against the fate shown by rising above commoners , their praise for love, ethics, and virtue; their great love and hatred , affection, adoration, sorrow , mercy, compassion, curiosity, joy, gratitude, villain, envy, jealousy, anger , shameless , cruel, etc. all can vividly reflected in an excellent discipline; human reason mind and body are closely linked, beauty and ugliness, great and little, will affect people's emotions; natural beauty can pure human soul, the beauty make people feel wonderful, the righteness virtue make people admire with respect. "                                                  -Thomas Guoting Guo-
Chapter V Raise up again (东山再起)
"Those ancient great men who made significant achievements, not only possess the super- talented, but always have the indomitable ambition ," Mencius pointed out 2300 years ago, although I do have some talent, I do not know whether they are super-talent, I do have the steel-will.
5.1 I belong to more professional and scholarly lawyer , whenever handle each case, I always write one or two articles; when encountered important and difficult cases, I usually did extensive legal research to study the specific legal issues relevant the cases. In the process of handling a case of Xiamen International Trust and Investment Co v Hong Kong United China Enterprise Co.Ltd import 5,000 tons of Chilean fishmeal quality dispute, I published nine articles and comments base on legal research, which earn me a reputation of "the PhD lawyer".
5.2 However, I have to recognize that although I had handle a number of important foreign economic cases, almost 90 % of cases are appointed by the director of law firm, despite I had been practiced nine years in 1993, I am still an " poor great lawyer" who has few direct clients. Because I focus my mind on reading, translating, writing but Ignoring developed public relationship, as the result lacking direct clients.
5.3 Despite I deeply understand the importance of public relationship as one of the top talent skill to be success in almost all area, especially in China, every business rely upon "Guanxi" (public relationship), I even bought five books in public relationship and read them through, but I still feel so difficult to handle Chinese public relationship that make me almost have no experience at all. I know to be a successful lawyer one must be good at professional skills while sociable, I was not walking on the road for a successful lawyer , at least in the sense of making money, maybe I spent too much energy to deal with all the hardships and bad luck ; maybe I really like someone said , " there are too many intellectuals aloof ."
5.4 After years of unremitting diligent study and practice , my lawyer capacity has made great progress , especially after successfully handle the " advanced bills of lading 'case , the boss of law firm always appoint me to deal with a number of major and difficult cases . For example, the first copyright dispute in Fujian Province, criminal-police torture people to death, the Fastest Sword " Zhan Lu" trademark dispute, the great shipwreck cargo damage case, foreign guarantees delivery case,the 69 villagers orchard contract dispute, $ 2.3 million obtain with good faith, $ 4 million foreign currency guarantee contract dispute, $ 19 million foreign administration litigation, International commercial arbitration case etc. Despite I lost some case, due to my serious and responsible attitude to deal with each case, and base upon my extensive researching and investigating facts, evidences, jurisprudence and law as well as applicable acts, made strong persuasive and convincing reasoned defense statements, I did win a number of important cases. However, practicing nine years, I never bribe judges or other power holder for exchange winning the cases, nor act as a "judicial prostitute" which in China under the CCP regime,over 98% lawyers are forced to do so, sooner or later.
5.5 Director Mr. Lin Shunsheng mocked me as a "bookworm"which means I do not know the reality; others said that I am "play intellectual elegant"; My close friend Lawyer Huang Xiaoming point out that I am the "man who are living in the Heaven", which means I not belong to this dirty world.
5.6 In fact, I firmly believe that lawyers must fight for justice, truth, fairness, and law, but for money or authority, not to say for win the cases do whatever they like, whether it is illegal or immoral. Despite nowaday rely on money exchange power, depend on bribe to mislead judges to win cases, has become many lawyers the practicable weapon, accompany the political regime's reform and progress of the society, judicial judgement institutional reform and perfection, established the authority of the rule of law, set up and perfection of public opinion and media surveillance system, such act as "the judicial prostitute" must be eliminated by history.
5.7 Ironically, History under Hu Jingtao CCP regime neither did any substance political reform, nor establish any sense of the rule of law, nor set up any free medias or independent judicial; therefore, instead of give up the "judicial prostitutes", I as one of the first human rights lawyer in China and as the justice and integrity the top maritime lawyer in China was seized my law license and under house arrested for my strongly and publicly defense of political dissidents and Fa Lungong practitioners, eventually I was forced into exile oversea.
5,8 It is hard to become an excellent lawyer , and become a great lawyer is even harder, but my goal is to become a great and excellent lawyer.To become an excellent and great lawyer , we must first have a solid legal jurisprudence theoretical foundation and a wealth of legal and life knowledge and practical experience in law, then possess strict logical thinking ability,including analysis, critical, strategic thinking capacities, while also with a good social communication skills and the ability to apply public relationship; finally, we must have the continuous learning pioneering spirit .Despite I still have a long way to catch up the goal, I firmly believe that one day I will come true all my great dreams.
5.9 In the early 1991, I and Beijing lawyer Mr. Tan Jiaodong co-host handle the Xiamen International Trust and Investment Co(XITIC) v Hong Kong United China Enterprise Co.Ltd(HKCEC) import 5,000 tons of Chilean fishmeal quality dispute,is one of my best cases I have handle excellent in lawyer's capacity sense during my twenty-one years as a trial lawyer.
5.10 The HKCEC claim $ 760,000 from the XITIC due to its breach contract refuse to issue the letter of credits, and illegally seize 20% of cargo's payment, while the XITIC counter-claim for $ 1.05 million damages caused by fishmeal vermin, fumigation, and delay delivery cargo. The Praintiff's lawyer is well-known senior lawyer Zhang Bingsheng, Beijing lawyer Mr. Tang Jiaodong and me represent the defendent. Both side submits hundred documents evidences, the witness appear in court involving quarantine , fumigation, insurance , border and other departments officers and workers. The case is complicate involving the risk duty of international cargo buying and selling, the buyer's re-examination rights, the seller's principle of strict compliance documents,the buyer's duty of issuing letter of credits, and the cargo's inherent defeat and etc.
5.11 After accepting a commission, I devote himself into research investigation and evidence preparatory work, for easier to remember , I categorized and induced evidences, and lists legal issues and controversial evidences .According to  the initial study I concluded : Even fishmeal did find vermin in Xiamen, the port of destination , according to C & F conditions, it should belong to the buyer's risk of liability ; and analysis of the evidences indicates that there is no sound evidence to prove that the fishmeal in the port of destination have vermin , or the fumigation has done In Xiamen, and delayed the selling season.
5.12 To seek reconciliation of the controversy , we had several special trip to Xiamen in consultation and mediation with the plaintiff, but the plaintiff not only insisted on refusing to return of unreasonable deduction of $ 310,000 payment, but also counter-claims $ 500,000 in so-called loss , following increase to $ 850,000 , and finally in court it becomes $ 1,050,000 .
5.13 At that time many people predicted that our client can not win the lawsuit . Because the Xiamen special economic zone International Trade and Trust company, has a pivotal position in the local , its relationship with the local court apparently very close, its lawyer has rich experienced in the international commercial litigation, our client also worried the court will favor the plaintiff.I believe that the key issue is discover evidence and clear facts, at meantime we should convincing judges in jurisprudence.
5.14 Then we began the arduous and meticulous investigation and evidences gathering , through visited quarantine , fumigation team , insurance companies, border check points , Trade and Industry Bureau , the Port Authority , fishmeal sub-buyers, surveyed and copied a number of key evidences.
5.15 Then for the legal issues involved in the case I did extensive studies and wrote and published: " Analysis of a major international sale of goods disputes ", " The evidence analysis of a major international sale of goods quality disputes", " The right of rejection in the international sale of goods " " Risks responsibilities in the international sale of goods ", " On the principle of strict compliance documents ", " The buyer's responsibility to issue the letter of credit In the International documentary credit transactions," " On the cargo inherent defeats " etc research papers.
5.16 On the basis of these theoretical research and on the controversial issues in the court, I wrote two statement of claim with strong persuasive and convincing reason and evidences, achieved good results. In December 1994 , Xiamen Court made the judgement in favour of my client in the " case of payment ", both sides accepted the judgement; as to the " quality dispute case" , although the court did not made sentence yet(in 1994), but I am confidence of the winning. In January 1995 the court made the judgement in favour of my client again, then plaintiff appeal to the high court of Fujian province, eventually the case reheard by the Supreme courty of China in Octorber 1998, however, up to date, the court refused to delieve the finally judgement, for all evidences, law and appliable acts are back up my clients claims and in order to favour the plaintiff, the court under heavy pressure come from high level officers, simply let it sleep for 24 years!
5.17 Fishmeal cases indicate that if lawyer make best effort to take serious and responsible, basis on facts, evidences, and legal theory as well as the law, to persuade and convince judges, we can win the trust of our clients, earn the respect of the judges, and eventually win the cases.
5.18 In February 1993, I went to Vancouver and Montreal to handle a complicate international commercial arbitration dispute. BF Canada Co. had 20 years business relationship with Fujian Foods and Oils Inport and Export General corporation., which located at the outside of Montreal, due to Western economic recession effect, it on the verge of bankruptcy. Therefore, BF co fraudulently insert a trust receipt clause on the letter of credit, misappropriated the seller $ 250,000, and due to the buyer's defaults caused the seller losses another $ 260,000 Canadian dollars .
5.19 Due to the sell contract stipulated that all disputes shall be submitted to arbitration in the accused country , I on behalf of the seller to submit the case to the Colombia International Commercial Arbitration Centre in Vancouver for arbitration , and appointed Professor Tang Houzhi as arbitrator for the Chinese , and hired QC. Edward Chiasson at Ladner Downs ( a Vancouver law firm) as my cooperate lawyer to handle the case; He focus on the issues of arbitration procedures, such as adopt property preservation measures, apply to the President of the High Court on behalf of the buyer to designate an arbitrator, etc. , I focus on the substantive legal issues, because the case should apply China foreign Economic Contract Law and the 1980 United Nations Convention on the sales contract.
5.20 But then the respondent claime that either accept 1/4 payment that is $ 62,500 Canadian dollars, or they declare bankruptcy. Our application for the property preservation measures did not work, Mr. Edward is a common law lawyers , while Montreal apply civil law , he suggested that we hire a Montreal lawyer handling the case jointly , to recruits the second Canadian lawyer , attorney's fees will be greatly increased, so I decided to find out the buyer's real financial situation, then make a decision whether to proceed with arbitration.
5.21 On 25 February 1993, I was on board of an airline through Tokyo to Vancouver, 13 hours later I was in Vancouver international airport, and this is the first time I went out of China to handle a case. Ladner Downs is one of the top law firm in Vancouver, set up in 1911, located at water front centre, there are more than 200 lawyers, divided into 20 special sections, it has a large law library and each lawyer has a legal secretary. Mr. Edward warmly welcomed me, show me around the law firm first, then he through telephone arrange my hotel, my barget limited to $ 45 per day, and finally he find me a hotel which need $ 49 per day. However, I only sleep there one night and find that place is not safe for its ground floor is a strip clubs. From local newspaper, I find a hotel if rent per weeks average daily coats only need $ 35, and its outsite looks like a storage but its inner decoration is better than three star hotel.
5.22 After three meetings with Mr. Edward, we have achieved a consensus , to certify the Buyers true state, then decide whether to arbitration. For cutting the coats, I decide myself travel to Montreal to investigate. I found that the Buyer is a small company with only five staffs, the director left Canada for the US for several months, all staffs left the company, and no business going on for months, even its office has rent out to another company, the Buyer has signed a agreement with 30 creditors clean its debt base on pay 1/4 credit, including the first and second creditors, the Food and Oils Co is the third creditor, if we do not accept the condition, even if we win the arbitration, the award of the arbitration only has paper meaning.
5.23 After carefully study and analysis, I hold that according to the trust receipt clause on the letter of credit, the ABN Canada hardly can shift its responsibility for the payment of cargo, for the bank failure rely on the term of the trust receipt to control the sales proceeds, after the buyer using the Trust receipts borrow the documents to delivery the cargo and sell them, and the banks return the worthless documents only after the seller demand two months later. Thus, I suggest my client to bring a lawsuit against the ABN bank.
5.24 But the BF hold on seventy thousand payment(1/4 of cargo price) Canadian dollar , forcing the seller to give up the lawsuit against the ABN bank, plus legal opinions of a Montreal law firm on the case believe that the ABN Bank has no responsibility; to avoid total lost outcome , the seller finally choose to withdraw seventy thousand Canadian dollars payment scheme . Afterwards another American large law firm offer an analysis report,which conclude the same analysis as mine, but under the civil law of Montreal, the seller accepted a settlement can not renege , thus leaving a lesson to be learned .
5.25 In July 1992, I start to assitence a New York lawyer to dealing with a litigation amounted to $ 12 million US dollars of foreign sexual harassment.US attorney handling the case with a carefully style , make me feel ashamed. Only a party record of inquiry that is up to 230 pages! Of course, the United States attorney bill their clients according to actual working hours , led lawyers do everything possible to earn an hour fee is not surprising .The investigate enquired the parties need to have notarized transcripts and video present by both side lawyers, thus ensuring the objectivity and fairness of the testimony of witnesses , it is worth learning by Chinese judicial rules of evidence .
5.26 The plaintiff on the grounds of sexual harassment claims for $ 12 million of the huge compensation , purely fantasy in China , while in the United States once identified sexual harassment is true, then it is not impossible . I think the plaintiff is actually due to adultery revealed, to save her face , at the expense of her lover , and inspired by her lawyer, to take the opportunity to knock a ruthless ; her attorney was a Jew , a short big guy, looks quite strange , oversized nose , his small eyes constantly rotated , giving me an impression of a hunger tiger looking at its prey.
5.27 It is said that the Jews are renowned for their clever and cunning known to the world economy , along with he can turn a lover's dispute into a $ 12 million claims ability , it seems somewhat sound enough, that in all times and in all countries, took the opportunity to extort can not spared.
5.28 Having Practice nine years , I hosted dozens of major highly profile foreign economic litigation, translated three law books, authored and compiled another two law books, published case analysis and comment papers over 70 essays , successed pass twice entry examination for graduate study of international maritime law; however, due to my political opinion, I have been shut out by the CCP regime. The hope and disappointment often intertwined ; although I bent to learn and progress , has worked hard in obscurity , but because of two sentences of complaint in one of my love letters, it costed me lost repeatedly the opportunities to study abroad , which made me very frustrating : the growth of national talents require personal struggle , but also need a favorable external environment. Only leaders at all levels , the various departments , businesses , all with full respect , attention , care and proper use of personnel , forming the social atmosphere of desperate talent as if thirsty, love talents as precious treasures, our great nation might have the chance to restore her great glorious.
5.29 " The men who made great achievements in antient time, not only possess the super- talented, they always have indomitable ambition ," although I lack the super- talented, but I have the steel-will . Despite along the road there will be many twists and turns, ups and downs , I always believe that history is irreversible , extreme injustice of the current political and legal system in China must be overhauled , impartial judicial system bound with political reforms and set up improved the economic system. Have genuine talent of professional, scholarly lawyer will surely be welcomed by the society and country.
5.30 Nine years practice I tested with "sweet, sour, bitter and spice", what I wrote revealing entirely a real me, an honest , confident , resolute , strong, despite experiencing hardships, always had a sincere , kind , generous heart and noble soul. In my most difficult years , the divine gave me a beautiful , gentle, strong wife [Note ] , she accompanied me through that vast hopelessness and long days and nights, and brought up my only beloved five -year-old smart, cute daughter. I would take this opportunity once again to show my thanks to all my teachers and friends who had help, support , concern and care me. I will not disappoint the people of culture , my mother's expectations, as always, I will be a hard-working , responsible, honest lawyer , to our motherland future, in order to set up genuine rule of law, I would like to use my humble strength, to work hard together with all the people!
[Note ] Thomas G.Guo July 6, 2008 Note: Due to my ex-wife unbearable CCP spies to track long-term monitoring tremendous mental stress caused by 18 years of marriage, and because she heard and saw the CCP despotic regime of a series political persecution against me , and I do not willing to compromise with the Communist tyranny, and determine to fight to the end , causing her to disappointed me completely, and forced divorce on March 6, 2005.

Published in December 1993 by the "Lawyers and Legality" and published in Octorber 2008 by the Freedom Torch.

引用 郭国汀 3/2/2016 18:29
本帖最后由 郭国汀 于 3/2/2016 18:48 编辑

My forty years struggle for freedom and justice IV
by Thomas Guoting Guo
Chapter IV Struggling for success frantically
4.1 The opportunities and conflicts live together in anytime and everywhere, and fortunes always love those who have prepared well for them. I have lost three chances to read my Master of law degree for my political dissident faith, but I did not stop studying; I was deprived my right for further studying in British by Judicial Ministry four times, I did not give up struggling; I was even deprived twice the rights to take the TOEFL exams for oversea studying; however, I continually reading and thinking day after night. Because I firmly believe that losing one chance, do not mean lost all; there are more opportunities are waiting for me. If one has real talent and true learning, it always has his or her position in a community or society.
4.2 When I lucky enough entry Jilin University law school in September 1980, my Mentor professor Liu Mingchen's wife, political science professor Ms. Qi Wenfang instructed me that " as an Arts students, you must pay more attention to learn literature, history , and philosophy , then you will have a bright and promising career". Thus, I read through Chinese History and the World History, while reading a number of Euro-American novels, my friend Mr. Liu Xiangping, a graduate-student of psychology science, recommend me to con a dozen philosophy , history of ideas , history of legal and political thought works. Although at very beginning, I hardly understand what I read; soon, reading become my most enjoyful entertainment. This period of extensive reading, lying down a sound literature, history, and philosophy foundation, for my future career and studying.
4.3 I learn English through self-taught. During my school years, I only learn few brain-wash political slogan, such as " Long live chairman Mao!" In May 1977, China change its policy of high-education, allowed boys and girls from " black-five" family taking entry exams for university,which forbidden during ten years " great proletarian cultural revolution" . My elder sister Linqiu bought me a full self-study Mathematics, physics and chemistry books , " English Nine Hundred " and four books written by British for Foreigners "Basic English",the contents are stories of zest for true life. Through self-taught of the Basic English, I success my exams for entry Jilin university Law school in 1980.
4.4 My English lecturer Ms. Mong Dongwei once said on class: "There is no shortcut to master English, but one way you might trying, first read through all grade books ( six grade and about a hundred-fifty books), then, read some leading original novels, finally study legal English. I did study my English according to the instruction, during my first year, I read all grade English books in library, second year, read a number of English novels, including Red and Black; Great Expectations;Tess of the D'urbervilles;Gone with the wing;Madame Bovary;War and Peace and Anna Karenina, and in the third year, I started to read Public International Law, Private International Law, International Environment Law, International Commercial Law, most of them published at the end of 20 century, for at that time, even at law school, there are few modern law books in the library. Through extensive reading, I learn some new discipline and feel so joyful. However, due to my paying little attention to grammar, caused my English even today still full of error. My experience proved that my method to learn English is neither scientific nor efficient.Under Mao's communist party 30 years bloody fool-people's policy, there is few qualify professor and lecturers even in the leading university.
我的英文基本上靠自学。中学仅学会几句「万岁」之类的政治用语,1977年对我关爱有加的大姐郭零秋给我买了全套数理化自学丛书,进口原版《英语九百句》及四册由英国人为外国人学英语特别编写的「基础英语」,内容全是富有生活情趣的故事,我便是硬啃这四本《基础英语》考大学的。英文老师孟东维有一次在课堂上说:「学好英文没有捷径可走,有一途径可以一试,将所有的等级读物(6级共 100多本)通读一遍,再读英文原著小说,然后再学专业英语。」我真的按照孟老师的指点,头年读遍了图书馆中的全部等级读物;次年开始读《简爱》、《远大前程》、《包法利夫人》、《珍珠》、《苔丝》、《呼啸山庄》、《嘉利妹妹》、《红与黑》、《飘》、《安娜.卡列尼娜》等十几本英文原著;第三年开始读19 世纪末出版的国际公法、国际私法、国际环境法、国际商法方面的十几本英文原著,大量的阅读,使我的英文水平迅速提高,能够通过英语直接学习一门新课程,那种心情甭提有多高兴。
4,5 Due to that "psychiatric" storm just before graduation, led my abnormal thinking capacity, which obtain through years extremely hard working, all gone with the wind. Thus, I bought hundred grade English readings, English novels, and legal works, started from beginning again, read through one book after another. Everyday I got up at 5:30 to run or swim, only at midnight went to bed. Three years later, I successfully passed the entry exams for master of law major in International Maritime Law of Shanghai Maritime University.
4.6 "All beginnings are hard" sound truth. My major in law school is International law, it's purpose of education mainly for preparing foreign diplomatic officers, and universities and scientific instituted lecturers and researchers. My two month study-practice was in Shanghai customs, non-business with lawyer's affair, I almost learn nothing about lawyer practice. Due to come from a small mountain county in west-Fujian, I have none relative or classmates or friends resource for benefits as clients, all these made me puzzle how to develop my attorney's business.
4.7 One day at 2 pm in September 1985, a man run into my office, introduced himself as the salesman of Fujian Ningde regional economic and technical cooperation company.Due to the dispute of import 3000 Nissan air conditioner with a Japanese company, and the local lawyers do not know English, can not handle the case, so he come to Fuzhou, the capital city of Fujian province, to engage a lawyer who know English to handle the case. I just finished the legal English training program for University English teachers, from Shanghai east-China Political and law university. By accident I got the privilege to handle such a real foreign case really made me very excited. First I let him brief introduce his case's key points, after reading through the import contract, bills of lading, invoice, marine insurance policy, I told him our law firm are happy to handle the case. We can bring a lawsuit against the seller for his late delivery and penalty, base on the sale contract, or against the carrier for its tort of issuing advanced bills of lading, base upon the marine cargo carrier contract. Then I report to the Director Mr. Tan Chenzhu, of my analysis of the case, He immediately decided he and me will in charge of the case. This is China first advanced bills of lading foreign lawsuit, which later shake the shipping industry, the legal profession, and the theorists at home and abroad.
1985年9月的一天下午,一位中年男子匆匆走进我的办公室,自我介绍是福建省宁德地区经济技术协作公司的业务员,因进口3000台日产空调机与一家日本公司发生纠纷,县里的律师不懂英文无法处理,特意赶来福州请律师。当时我刚从上海学习法律专业英语回来,来了这么一起真正的涉外大案自然兴奋不已。听完案情介绍,我将合同、提单、发票、保险单等文件浏览一遍后,认为可以受理,既可以告卖方逾期交货违约,也可以告承运人预借提单侵权。我马上向谭成祖主任汇报,他二话没说当即决定由我和他主办该案。 这就是后来震动海内外航运界、法律界、理论界的中国首起涉外预借提单诉讼案。
4.8 I draft a statement of claim and submit to my boss Mr. Tan Chenzhu, then went to Beijing to investigate the air conditioners domestic and international market price, enquire legal issues experts and scholars in Beijing. Majority scholars thought: Chinese court did not have, but Tokyo District Court in Japan have the jurisdiction, it should be apply Japanese law; Advanced bills of lading does not constitute a tort, but constitute a breach of contract. Because the
terms of the bills of lading has selected Japanese law as the applicable law, and any controversy caused by the bill of lading should be heard by Tokyo District Court. Only professor Zhu Zenjie back up my argument that the key issue of the case is whether we can control the property of the defendant. If we can constrain their property, it is possible adopt the jurisdiction of Chinese Court although they are not willing.
4.9 Due to lacking basic knowledge of law and experience of practice lawyer, Mr. Tan amend my drafting statement, change the claim from compensation of economic loss to reject cargo and return payment, and asked the Court "审时度势"
(manage time and make sound judgment of the situation). The judge apparently was angry by such lesson-language, so he unceremoniously ruling : dismiss the lawsuit ! The reason is that the litigation claim is not established. Since bring a lawsuit against the carrier, of course does not exist the right of rejection of cargo and return the payment, because the payment is base upon sale contract and pay to seller, not base on marine carriage contract paying to the carrier. As the director of the provincial level foreign economic law firm, Mr. Tan almost know nothing of international commercial law or foreign lawyers business.Thanks to Mao's communist party that utterly rooted out all traditional Chinese law and GMD governmental law. In fact, during 1949 to 1979, China have no law at all, the CCP ruling China through party's policy and red-head documents, which full of arbitrary ridicule rules. It is Mr. Tan's amend my drafting statement of claim and change the litigation claim led the judge ruling dismiss the case. It is proved that Tan almost know nothing of basic common knowledge of international trade law, sale and carriage contract, tort etc, legal relationship. He has no even basic knowledge of law, how can he being the director of a foreign economic law firm, you might suspected whether I am make up a story. Unfortunately, such as layman appointed as the leader to manage professions business is common phenomenon for three decade in mainland China. Even today, still lots of judge who never study law, but through three month training become judges in China.
4.9 I realise that we have heavy responsibilities to our clients and our firm's reputation, if put all duty on my shoulder alone, a trainee without much experience of litigation, is clearly unsuitable, and Director Tan can help me nothing but disservice. Thus, I said to Mr. Tan because he is in charge of law firm management and no time to care of this case, can I have Lawyer Li Weiming cooperate with me to handle this important case? He has no choose but reluctantly permitted my requirement. At meantime, a Hong Kong maritime expert Mr. Yang Liangyu was lecturing at Fuzhou, he learn the case and guaranteed to our clients that he can claim the compensation within three months. Our client are very interest in the possibility to hire Mr. Yang instead of our firm, I know the matter become emergency, if we can not handle this case, not only lost our firm's reputation, but also lost Chinese lawyer's face. I reported the situation to Deputy-director Lawyer Zhao Xiuguo, and he immediately decide set up a team of three lawyers: Zhao, Li and Guo, and he instructed me do all I can without consider the costs. This become the pre-cause of Mr. Tan two years later encourage Ms. Furong brought an alleged charge against me and caused me great loss both in career and reputation.
4.10 Then Zhao, Li and me went to Beijing the Supreme Court report and discuss the case with the chief judge who is incharge of Chamber of Maritime, for re-filing the case. One of my classmate who was working in the Chamber, he asked me privately: "what is bills of lading? " I criticize him has been worked at the Chamber of Maritime for three years, he even have no idea of what is the bills of lading! However, I should not criticize him which revealed that I know little of diplomacy art to keep good relationship with judges, who can help a lots in smooth public relationship. I might have strong hard skills but lacking soft skills that time. Which caused me dear and taught me a lesson.
4.11 The case is the first litigation of foreign advanced bills of lading in China, also is the first foreign lawsuit in our law firm. The disputed target amount was near a million of US$, involving a number of problems of law and practice, such as the jurisdiction of Chinese courts, applied law, legal nature of the advance bills of lading, the characteristics of the containers carriage, and how to set the damage compensation amounts. China at that time do not have maritime law, there is no special law to govern the foreign maritime and admiralty cases, all these increasing the difficulties to handle the case.
4.12 After extensive research and analysis, we decide give up the lawsuit against Japanese seler base upon the sale contract, and brought a lawsuit against the Japanese Containers Co base upon the tort of advance bills of lading. For according to international customs, once certify as the advance bills of lading, the carrier hardly can run away from their guilty of their breach of contract. Our strategy to force the defendant come to the court is to identify their property in China. First we sent investigate letters to all containers Co. in China to gather information of the defendant's business in China. Then we telefax defendant require their explanation of two issued bills of lading, to maintain the rights of bring a lawsuit. The Japan-Europe co fax a letter that they will for answer after the weekend, then use excuse " Under investigation" by the delay time.
4.13 For obtain the key evidence, We went to Foreign Ocean Shipping Agency , Fuzhou Port Authority , Fujian Steamship Company copying the actual carrier ships entering and leaving the port related documentation; then on board of the vessel to copy the Carrier ship's logbook, and obtain the actual bills of lading from the agency of Japan, above original documents certify with each other, proved that the Japan-Europe Co twice issued shipped bills of lading when the carried vessel even did not arrived the port. Then we brought the sue again, and Shanghai Maritime Court accepted the case. At meantime, we are ready to apply for Litigation preservation,and provide the guarantee by the bank, the defendant accepted the court jurisdiction and applied for extending thirty days for reply. Consider the Japan-Europe as a large international company, it has Frequent economic exchanges with China, and unlikely to deny the judgement, so we applied to suspend the preservation measure.
4.14 Then I went to Shanghai maritime university, East China Political and Law university, and Xiamen University to gather all relevant bills of lading law, acts, books and works, as well as papers and essays and case precedent, translate them from English to Chinese, meanwhile translate the Modern bills of lading into Chinese. After extensive research, I written and published research paper of "Some legal issues of advanced bills of lading"; "On advanced bills of lading's nature"; "Legal thinking of the first foreign advanced bills of lading", and "The experience and lesson from lawyer's perspective of the first foreign advanced bills of lading case"
4.15 Despite the defendant hired a senior maritime lawyer Gao Zongze, later appointed as the chief director of the lawyer's association of China, then changed to lawyer Jiang Shang, the son of the former chief judge of the Supreme Court of China, and on appeal procedure, again change to elegant lawyer Wei Youhong, with the supporting legal opinion by both Beijing university maritime law vic-professor Chang Lixin and US George university international law professor, alleged that the defendant issues a prepared bills of lading, but advanced bills of lading; although it is my first foreign litigation case, due to our discreet and extensive research and well prepare for the case, face five key debate issues, that is (1) Does Chinese court has the jurisdiction? (2) which country law should be used identify the legal nature of the case? (3) which country law should be apply? (4) It is advanced bills of lading or a prepared bills of lading? (5) If it is advanced bills of lading, whether it is tort or breach of contract? Our arguments and thesis only only reasonable, eloquent, clear and concise, logic and evidence supporting, plus Lawyer Li Weimin's wonderful debate on the Court, win the judges recognize, audience praised. Ironically, the defendant's lawyer Mr. Wei intently laugh at me have no common knowledge of law and did not know the maritime law!
尽管日方聘请了富有海事海商经验的高宗泽律师(后任中华全国律师协会会长,此人与中共关系密切,并非经由律师民主选举任),后又改换江山律师( 原最高法院院长之子)和施晓谭律师,二审时又换上了口才极佳的魏友宏律师,并搬出北京大学海商法副教授张力行及美国乔治亚大学国际法教授的法律意见书,试图证明日欧公司签发的是备运提单而非预借提单;尽管我是初次主办涉外诉讼大案,由于我方案前作了充分的调查取证和法律研究准备工作,针对庭上双方争议的五个主要问题即:一、中国法院是否有管辖权?二、应依何国法识别定性?三、应适用哪个国家的法律?四、是预借提单还是备运提单?五、预借提单属违约还是侵权?我方的论辩有理、有据、有节,且条理清晰、逻辑严密、无懈可击,加之李伟民律师在庭上出色的发挥,赢得了法官的认同,听众的赞赏。以致在二审庭上,日方诉讼代理人魏友宏律师为达到干扰对手思维之目的,竟当著法官、听众的面,接连三次公然嘲笑我缺乏法律常识,不懂海商法!
4.16 In fact, after graduating from Jilin university law school for four years, I successful pass the entry exams for my master of law in international maritime law and have translated the Modern Bills of Lading, and the Art of Judgment, and Beijing foreign educational Press agreed to publish them. Facing lawyer Wei's Insulting mockery, I smiled ask him: " I want to let you know that I have two books will publish soon, one of them is the Modern bills of lading, would you please tell the court how many law books do you have?" Audiences burst laughing, they are Shanghai law, foreign trade graduate students and teachers, journalists from both Japan and China, plus Japanese counsel in Shanghai. Then I point out that Mr. Wei translated " should " as "May" is wrong, for under legal English the "should" mean " must ", another laugh burst out of the court. The chief judge Mr. Gao Changjiu announced that " the court has been clear of the term's translation now". In fact, I quite admire Mr. Wei's eloquent ability. He almost by memorious stopless made his statement of defense on the court for one hour; however, due to his strategy of defense is wrong, without emphasis on the Key issues, and after a few minute long speech, made audience so boring to fall into sleep; as to his taking personal attacks and monkery argue style only obtain counterproduct, not only fail his aim, but also betray his weakness. Ironically, ten years later, in the court argument of trademark of the first sword of Tianxia, in the court of Songxi county, Fujian province, a village legal worker who even did not have law license, spoke big words without shame to accuse Me, a senior lawyer with ten years practice experience, do not understand the common legal knowledge ! Again, in 2007, Chang Yaojie, a so-called scholar who know nothing about judicial practice, repeatedly charged me, a top maritime and human rights lawyer with law professor honour, "does not meet the requirements of a professional lawyer ! " Because I created the political dissident defense strategy put the case under the sunshine.

4.17 The case was heard by Shanghai maritime court, and appeal to Shanghai superior court, both court accept my argument, identified that the defendant issued advanced bills of lading but prepared bills of lading, and issued the advanced bills of lading constitute tort, and judged that the defendant to compensate my client's economic loss RMB 3 million, nearly US$ one million. The defendant was not happy for the result, and brought the case to the district court in Toqiu, and through diplomatic channels by the Supreme Court delivered its litigation documents, we simply return all the documents without unseared them. Eventually, the defendant recognized the final judgement, but asked for extending amortization Compensation, and initiated to performance all responsibility of the judgement at the end of 1990.

   4.18 Later a judge at Shanghai superior court said to me " a lawyer can handled such a case is lucky enough". I am lucky to handle this case which make me feel so proud, may be it is a compensation to my life experience ups and downs. Handling the case is better than handled 20 ordinary cases, my attorney's ability increase rapidly in the process of handling the case, which help me dealing with the other cases in the future feel more relaxed. I have the privilege to handle the case is both by accidental and inevitable.If my client did not come into my office, I might have lost the chance to deal with it; To say it is inevitable, my ambition is to become an international lawyer when I become a lawyer, and took lots of time to learn English, which make me the most qualify lawyer to deal with the case, when Fujian lawyers , few understand English , those who were able to use English to handle foreign cases even scarcer.
4.19 In 1986 whole year, I had only handle this foreign case, so someone (might be the director Mr. Tan) report to the boss of Fujian Province Judicial Bureau that I do not work hard, but everyday just read English, and I was criticized in various meetings for only handle one case in a year (in fact, I study legal English at East-China Political and Law university for half a year). Since early 1987, my reputation as a responsible and talent lawyer was established, gradually clients come to me and want me to be their attorney to handle civil and criminal cases. I deal with each case with all my heart and energy, investing,researching, studying and filing meticulous work done solid, well-written every legal documents, defense statements and statement of claim, as the result to achieve good effect winning a number of court cases. Some Judges, after reading my writing, phone me that "your defense statement and claim statement are welled written, nowaday only few lawyer like you so careful to handle case"

1986年一整年,我仅办理了这起涉外案件,因而有人向厅长汇报(不知道是否谭成祖?),说我不办案,整天只读英语,结果大会小会我都被点名批评说是一年仅办一案。 1987年初开始,我的案源逐渐多了起来,有人亲自找上门来指名要我担任辩护人,代理人。我则认真对待每一个案子,备案工作做得细致扎实,精心撰写好每一篇辩护词和代理词,取得了良好的庭审效果也打赢了不少官司。不少法官在读过我撰写的代理词和辩护词后,特意打电话告诉我:「你的代理词和辩护词写得很好,如今像你这样办案认真的律师不多。」
4.20 While my lawyer business seems booming, and I begun to fall in love with the legal profession , that "love storm" hit me again and push from my career zenith throw me into abyss. The Judicial Bureau seize my law license which forced me to turn my career from a lawyer into a legal translator; so I translated "the Lawyers court dialectic "," the US Supreme Court judges , "" Modern Bills of lading" , " The Art of Judgement, "and " International Commercial Contracts ", while I was kicked out of the Fujian Foreign Economic Law Firm by Mr. Tan, and become an editor of Fujian Lawyers, while as a part-time lawyer worked in the East Law Firm,Unexpectedly a blessing in disguise , before 1988, I had never written a single article, now I have enough time and chance to translate five law books and publish several essays, case study and comments.
正当我的律师业务大有起色,我已开始爱上律师职业时,那场爱情风波再次把我从事业的高峰,抛入那万丈深渊。我想当不成律师了,当个翻译家总行,于是利用业余时间先后译了《 律师法庭论辩术》、《美国最高法院的法官》、《现代提单的法律与实务》、《审判的艺术》、《国际商事合同》等书,同时我被赶出了福建对外经济律师事务所,调到《福建律师》编辑部任编辑,兼职于东方律师事务所,不料因祸得福,在1988年以前从未写过一篇文章的我,有机会和时间翻译五部法学译著并撰写和发表几十篇论文、案析和评论。
(《自由圣火》首发 转载请注明出处并保持完整)
4.21 How many struggle in one's life? Mr. Rong Guotuang, a prominent PingPang athletics player asked, which inspire many young people to fight for their career. However, I believe that human life like a boat against wave to ship, if not go forward it will become backward, life just like the competition of the Malason's long-distance running, whoever persistence to the end is the winner. our life must be have numberless struggles. If one thought only need one struggle to obtain success, and can lie down to enjoy their achievement, they are likely give up by the time eventually. Review the road I have covered, it full of is rugged trail , dotted with cliffs , there are many traps and deep , but I firmly believe that royal road on my foot, sunshine boulevard in front.
November 1993 published by the Lawyer and legality, and June 2008 amend and published by the Liberal Holy Fire


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