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郭国汀律师专栏
***(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!
·只有说真话的民族才有前途
·一个能思想的人才是力量无边的人/南郭
·思想之可贵在于其独立性
·独立思想是最美的
·思想的高度统一是人类社会之大敌
·统一思想之谬误由来已久矣/南郭
·我的心里话--有感于杜导斌先生被捕
***中共专制暴政政治迫害郭国汀律师实录
·郭国汀律师遭遇黑色元宵节
·中共对我的八次政治迫害--在温哥华告别恐惧讨共诉苦座谈会上的发言(上)
·中共暴政对我的八次政治迫害(中)
·中共暴政对我的八次政治迫害(下)
·If You Really Want Control Lock up Their Lawyers
·Anti-communist sentiments landed Chinese lawyer in an asylum
·我的思想认识与保证/郭国汀
·郭国汀律师的[悔罪][悔过]与[乞求]
·郭国汀因言论“违宪”行政处罚听证案代理词
·我推崇的浦志强大律师/郭国汀
·我被中共当局非法剥夺执业资格的真实原因
***(24)《共产主义黑皮书》郭国汀编译
·共产党皆变成杀人犯罪团伙的历史与理论分析
·朝鲜的罪恶与恐怖和秘密:共产党暴政罪恶批判系列之一
·古巴共产极权政权的罪恶:共产党暴政罪恶批判之二
·越南共产党暴政罪恶昭彰:共产党极权暴政罪恶实录之三
·中欧和东南欧共产党暴政的深重罪孽: 共产党极权暴政罪恶批判之四
·埃塞俄比亚共产党政权的罪孽: 共产党政权罪恶实录之五
·安哥拉和莫桑比克共产党政权的血腥暴力:共产党政权罪恶实录之六
·阿富汉共产党暴政罪大恶极:共产党极权暴政罪恶实录之七
·尼加拉瓜共产党政权的罪孽:共产党暴政罪恶实录之八
·秘鲁共产党的血腥残暴:共产党暴政罪恶实录之九
·虐杀成性的柬普寨共产党暴政:共产党暴政罪恶实录评论系列之十
·波兰共产党政权的罪孽:共产党暴政罪恶实录系列评论之十一
·苏联共产党暴政的滔天罪行:共产党暴政罪恶实录系列评论之十二
·中国共产党极权流氓暴政的滔天罪孽:共产党暴政罪恶实录系列评论之十三
·论共产党极权暴政的归宿-- 2010年全球支持中國和亞洲民主化斯特拉斯堡大會专稿
·金正日真面目
·韩战真相
***(25)《苏联东欧天鹅绒革命》郭国汀编译
·东欧天鹅绒革命导论
·苏联政治民主革命:共产党国极权暴政崩溃原因分析系列评论之一
·罗马尼亚暴力革命:共产党国极权暴政崩溃原因分析系列评论之二
·匈牙利静悄的革命:共产党国极权暴政崩溃原因分析之三
·捷克戏剧性革命:共产党国极权暴政崩溃原因分析之四
·东德和平革命:共产党国极权暴政崩溃原因分析之五
·波兰自我限制的革命:共产党极权暴政崩溃原因分析之六
·罗马尼亚35天革命成功真相
·社会转媒(国际互联网)对阿拉伯之春革命的巨大作用
·郭国汀:苏共政权垮台的根本原因
·阿拉伯之春埃及部分成功的革命
·阿拉伯之春:突尼斯成功的革命
·觉醒的人民粉碎专制体制:阿拉伯革命
·民主革命决非恐怖主义
·东欧各国追究共产党罪犯的罪责概况
·共产党专制暴政皆依赖秘密政治警察实行极权恐怖统治
·共产党极权暴政利用强制劳改劳教集中营野蛮残暴迫害人民
·共产党极权专制暴政实质上皆与人民为敌
·共产党极权专政暴政的大清洗
·共产党极权专制暴政皆利用强制劳改集中营野蛮迫害人民
·共产党极权专制暴政皆践踏法律司法暗无天日
·共产党极权专制暴政皆疯狂迫害宗教信仰者
***(26)《共产主义的历史》郭国汀编译
·序《共产主义的历史》
·共产主义的理论与实践批判
·列宁主义批判
·斯大林主义批判
·西方国家的共产主义
·第三世界的共产主义
·共产主义谬误的根源及其注定失败的原因
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My forty years struggle for freedom and justice IV

by Thomas Guoting Guo

   

   Chapter IV Struggling for success franticly

   

   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.

   

   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.

   

   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.

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