"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.