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[主页]->[大家]->[郭国汀律师专栏]->[My Forty years struggle for Freedom and Justice V]
郭国汀律师专栏
·US Constitution revolution for real democracy
·One of the major writer whose legal thought Influence the Americas Founding Fathers
·Beyond the Constitution
·Philosophy Constitutionalism
·USA Constitution is in grave danger
·Constitutional Interpretation
·The Bill of Rights
***(41)民主研究
·美国宪政民主的基本要素
· 政治民主机制的最新发展--监督民主
· 序《民主导论》
·民主的真实含义
·自由宪政民主政治的七项实质要件
·民主的实质
·谁是真正的人类政治民主之父?
·民主就是[山头林立]?!
·共和比民主更为根本
·共和民主宪政要旨
·什么是联邦主义民主宪政?
·我的民主朝圣之旅
·民主的灯塔永放光茫
·古希腊雅典民主政体
·伯拉图亚里士多德论古希腊民主体制
·伯拉图论共产主义
***(39)法治研究
·法治论/郭国汀
·自然法原理
·法律的定义
·法律的本质与精神
·什么是法治?
·法治的基本原则
·法治的目的
·法治与民主的前提与条件
·法治的起源与历史
·开明专制与法治--极权流氓暴政下决无法治生存的余地
·法治的基石和实质
·法治的精神
·法治余论
·一篇值得推介的法治论文杰作/郭国汀
·Judicial Independence and Canadian Judges
***(37)自由研究
***表达自由新闻与出版自由
·当代自由主义的基本特征
·只有新闻自由能治官员腐败之顽症
·郭国汀 唯有思想言论舆论新闻出版结社教育讲学演讲的真正自由才能救中国!
·中国争人权、言论表达自由权的先驱者与英雄名录
·中国政治言论自由的真实现状-我的亲身经历(英文)
·郭国汀论政治言论自由:限制与煽动罪(英文)
·郭国汀论出版自由——声援支持《民间》及主编翟明磊
·郭国汀 美國言論自由发展簡史 [1]
·美国的学述自由:Academic Freedom in the USA
·祝愿祖国早日实现真正的自由!新年祝福
·向中国良知记者致敬!
·丹麥主流社會召開中國言論自由研討會
·中共倒行逆施,严控国际媒体报导中国新闻
·关于思想自由与中律网友的对话 /南郭
·性、言论自由、自由战士
·性、言论自由,自由战士与中律网友们的讨论/南郭
·自由之我见
·不自由勿宁死!
·自由万岁!----我为“新青年学会四君子”及“不锈钢老鼠”辩护
·真正的民主自由政体是中国唯一的选择
·自由万岁!新年好!
·三论思想自由
·为自由而战,为正义事业献身,死得其所无尚光荣
·言论自由受到了严重威胁
·思想自由的哲学基础/郭国汀
·冲破精神思想的牢狱--自由要义/郭国汀
·我们为什么要争言论自由权?/南郭
***(38)思想自由与宗教信仰自由
·郭国汀论宗教信仰
·神学与哲学的异同
·宗教的思索
·爱因斯坦信犹太教和贵格教也信上帝
·信神是愚昧吗?!基督教义反人性吗?!谁在大规模屠杀婴儿?!
·爱因斯坦宗教信仰上帝相关言论选译
·爱因斯坦宗教上帝相关言论第二集
· 爱因斯坦原信的准确译法
·大哲大师大思想家大政治家论宗教上帝
·哲学家的前提与基础
·宗教是统治阶级麻醉人民的鸦片吗?
·为什么说爱才是宇宙的本质?
·宗教起源的根源何在?
·圣父圣子圣灵三位一体论的由来
·人民圣殿教真相
·质疑东海一枭良知大法兼驳良知宇宙本体论
·自然科学与宗教哲学灵魂
·读东海兄批判美国神话有感
·郭国汀为上帝信仰辩护
·驳东海之糊涂上帝观
·四海之内皆兄弟人类本是一家人
·推荐陈尔晋先生之《圣灵福音》
·质疑东海君之《良知大法》
·祝愿祖国早日实现真正的自由!
·关于司法公正的讨论郭国汀律师在北大法律信息网上发表了非常危险的错误观点应该予以驳斥!
·中共当局封杀言论为那般?
·六四的记忆
·谈中华文化与道德重建(四)
·中国百年最伟大的文字!
·郭国汀:为刘荻女英雄辩护吾当仁不让!
·只有思想言论出版新闻舆论的真正自由能够救中国!
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My Forty years struggle for Freedom and Justice V
声明:此文作者禁止复制,如需转载必须经得作者同意。

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.

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