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My forty year struggle for freedom and justice II

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发表于 10/8/2020 00:29:04 | 显示全部楼层 |阅读模式
本帖最后由 郭国汀 于 10/8/2020 00:31 编辑

My forty year struggle for freedom and justice II
by Thomas Guoting Guo
Chapter II     What will be will be

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.


Chapter II What will be will

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.


I believe the most valuable biography and autobiography neither are those '达官贵人'(big-power holder or privilege-rights owners) whose pretentious self-boasting or nor famous star's confession morning for '无病呻吟' (without disease but pretend painful mourn), but are those truly record genuine gentlemen and ladies' history of the growing, struggle heart-road, painful spirits hell test, joyful of rebirth and raise of soul and incarnation.If  reader after reading of my autobiography, feel inspired by my words and story, my heart-broken long years struggle and sacrifice would waste for nothing.   

My sixty year struggle for freedom and justice

by Thomas Guoting Guo




吾以为一个时代最有价值的传记,并非达官贵人装腔作势的自吹或他擂,也非名人无病呻吟的独白或他捧,而是真善爱者如实记载其成长、奋斗的心路历程,痛苦的精神炼狱,喜极的灵魂升华,无奈的爱恨情仇的心灵成长史。如果读者感到我的传记多少有点价值,那么我的奋斗与牺牲也就没有白费。

第一章:阴错阳差

    《律师与法制》月刊编辑部让我写写我的律师生涯,这真是喜忧参半。喜的是自己的工作已开始得到社会的认可;我不知道还有甚么能比成为一名对社会有用的人更值得高兴。忧的是自己并非名律师,且自感文笔羞涩。一个月时光飞逝而去却未写出片言只语,日前,又接编辑部电催,我只得闭门谢客搜肠括肚试著写出来。


2   我读过不少书。《钢铁是怎样炼成的?》对我影响极深,保尔的坚强、刚毅和对事业的奉献精神及其面对厄运表现出的积极进取态度,成为我人生的楷模。我信奉「不想当元帅的士兵不能成为好兵!」的哲学。我曾为自己设立过一个又一个的奋斗目标。入学伊始便把将来成为法学教授作为奋斗方向,打从当上律师那天起又立志要成为一名能在国际法庭代表中国利益的国际律师。为此招来不少冷潮热讽,嘲我狂妄自大,讽我不知天高地厚。然而我却始终认为一个人的奋斗目标越远大,日后可能取得的成就也会越大。立志是成才的第一步,很难设想一个胸无大志、目光短浅的人日后会有甚么惊天动地的业绩。回顾自己从一个走村串户的小木匠,到一名在穷乡辟壤接受那遥遥无期的再教育的知青,进而成为一名涉外律师所走过的路。我认为树立远大的理想并与祖国的事业相结合,以认真负责的态度勤奋努力地学习和工作,不屈不挠地奋斗进取,是每个成功者的必由之路。

3   我大学学的是法律,但当上律师纯属偶然,说玄点则是命运的安排。因为地主家庭出身及双亲曾参加过国民党与三青团,倍受政治经济歧视,1977年以前不敢有上大学的奢想。

2.9  When I was eight years old In August 1966, Physics 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 enthusiastically 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.

2.10   I never realise that fourteen years later, I will cross almost whole China, a 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 in such a leading university in China. I always thought to have know and become close friend with Professor Liu must be the God blessing, both Liu and his wife are professor of the Jilin university, Ms. Xu Wenfang, is a political science professor, both of them are very honesty, kind-heart, caring, intelligent, and wise with rich knowledge person. In some sense, It is professor Liu and his wife Professor Xu help me fulfil my dream of studying at that university, which eventually totally change my life and career, Thanks Our Lord sent such an angel to help and I always remember their grace. Unfortunately, since forced exile into Canada, I no longer hear any massage from them, neither I can back China to pay them a visit to express my heartily appreciate for their invaluable life-long friendship. May the God always blessing with such a wonderful souls.

4  八岁那年,吉林大学物理系刘明成教授和一群大学教师步行串联来到老革命根据地长汀县,住在我家所在的银行,我领著刘教授遍访当年红军入闽战场遗址,从此与刘教授一家人结下了不解之缘。当时我怎么也未料到14年后会跨越大半个中国北上求学,进入我做梦都不敢想的吉大校园。

2.11   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 soaking in the main library of the university.

2.12   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 psychosis, 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.

2.13   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.

5    经连续四年高考,加上刘教授的推荐,我终于跨进了梦寐以求的大学之门。我深知学习生活来之不易因而倍加珍惜。大学四载我没有寒暑假,也没有星期日, 除每周三个下午田径队训练外,课余时间全泡在校图书馆,经过四个春秋如饥似渴地学习,我的思维能力起了质的飞跃,对官方哲学、法学原理提出了许多质疑并提出了一系列独立见解,岂料却因「哲学沉思」被误当作「精神分裂症患者」强制关入精神病院洗脑,21天可怕的病院生活,大量的药物首先洗去了我的记忆力,几乎彻底摧毁了辛苦多年获得的超常思维能力。使我经历了一场从事业的高峰跌进绝望的深渊的劫难,以致差点自杀,我就这样一夜之间变成了闻名全校的「精神病患者」,令人哭笑不得,纵有百口也难辩清白。

2.14    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.  

6   为证明自己,我决定重考研究生,走学者之路。毕业志愿我是全班唯一填「从事教研工作」的,但却被分配在福建省高级法院,临离校前一天又被莫名其妙地改分到福建省人大,报到之日再次被掉包挤至省人事局,结果歪打正著我跨进了福建对外经济律师事务所的大门,开始了我的坎坷律师生涯。

2.15   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.

2.16   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.

7   立志是一回事,实现远大的抱负则是另一回事。由于我学的是国际法专业,我成了当年新分配到福建省司法厅的20几名大学生中唯一分在福建对外经济律师事务所的幸运儿。赵修果主任及比我先到一个月的几名律师热情地欢迎了我。刚到事务所我感到不知所措,对律师业务相当陌生,大学所学几乎用不上。事务所刚成立,案源稀少,加之我来自长汀山城,没有亲朋同学关系可资利用,这样,进所7个月我只协助办过一起未完结的经济纠纷案。主任让我起草过一份中外合资企业合同,当时我对如何起草合同心里一点也没底。找了四五份其他合资合同作参考,拼凑了一份连自己都心中无数的合同。我还作为翻译参与了一起中瑞合资合同的谈判,开始时我作为口译人员参与谈判,谈了不到一小时,我不得不承认自己尚未达到能口译的水平,因而通宵加班把瑞典人提出的英文本合同译成中文;接著于1985年3月至7月,赵修果主任又派我参加了全国首届法律院校法律专业英语师资进修班学习;因此,当律师的头一年,我几乎未办理甚么律师业务,这却使我获得了一段宝贵时间,其间我通读了十几本英文法学专著,为我日后处理涉外律师业务奠定了法律英语的坚实基础。

2.14   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.

2.18   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.

2.19   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.

2.20 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.

2.21   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.

8     我办的第一起刑事案件是一起贪污案,原由我任辩护律师,但为慎重起见,我另请卓国富律师任主辩律师而我任其助手。尽管整个庭审我一言未发,却紧张得出了一身冷汗,因为我对诉讼程序的实际操作一无所知,对如何发问,如何辩论,如何反驳同样感到手足无措。第二件刑事案我作为李伟民律师的助手,担任闻名全国的杜国贞案第三被告的辩护人,可是一到法院望著堆积如山的45卷厚厚的卷宗,我真感到脑袋发昏,硬著头皮看了一整天,只看完两卷,而且不知该摘录些甚么。还好,赵主任当时又另外安排我办理一起涉外案子,我便堂而皇之地当了一回逃兵。我对那些能通读该45案卷并从中摘录所需材料的律师,真是佩服得五体投地。要知道,光阅卷至少得花近30天,而律师费则仅100元人民币!第三件刑案我作为一起强奸幼女案被告的辩护人,起诉书指控被告使用暴力与一13岁幼女发生性关系。阅卷中发现被害人的证词虽与起诉书基本吻合却不符情理,被告则坚决否认,一再喊冤。经调查被害人查明:原来被害人因卖淫被送劳教,受同室女劳教指点「供出男朋友,他应会按时来进贡」。该女是个生理早熟的姑娘,她骗被告说她18岁、系某厂工人,而被告则是个身高不到1.6米的地质工人,两人在舞厅认识后,在不到两个月时间内,去福州市内各舞厅跳舞10余次,该女还让被告为她买了手表、衣物等,其间发生过越轨行为。取得了关键证词后我为被告作了有力的无罪辩护,并建议法庭传被害人当庭质证,结果一审判免予被告刑事处罚。由此案我认识到证据的重要性,也使我初次体会到成功的喜悦。接著我先后办理了20余起各类刑事案件,涉及故意杀人、伤害、盗窃、贪污、受贿、刑讯逼供、强奸、流氓、组织容留妇女卖淫、非法侵入他人住宅、反革命等。我非常注重阅卷、调查取证、法理研究和证据分析,尤其重视庭审辩护的充分准备及辩护词的撰写。每当开庭前一天我都会激动得睡不好觉,脑子里老想著案情及公诉人可能提出的指控策略与对策;每当办完一起较满意的案子也会高兴得睡不著觉;而每当出现有理有据的辩护意见被当作耳边风时,我又会感到失望、痛苦,甚至难过好些日子。

2.22   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.

9   我独立主办的第一起经济案是福州市食品工业公司采购供应站购销冰蛋合同纠纷案。经调查取得了对我方十分有利的充分证据,但因缺乏经验我未要求有关单位盖公章证明,加之长春市南关区法院明显的地方保护主义,尽管我从事实、证据、法理几方面作了强有力的论证,一审仍判我方败诉。我坚决主张上诉,但当事人因怕再白花诉讼费用而弃权。这起本该胜诉的败诉给我触动很大,使我认识到律师的责任重大,那怕有轻微的过失都可能造成当事人巨额经济损失。从此,我办案更加认真细致,力求吃透案情,掌握事实。其间我还主办了20多起各类民事、经济案,涉及房产、婚姻、继承、赡养、合伙、代理、购销合同、建筑施工合同、侵权、劳动保险、商标、海事等。我几乎是不加选择、不计报酬地办理这些小案、难案,我的律师业务基础也是在这段时间奠定的。

2.23   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".

2.24    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.

2.25   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.

10   自1985年9月开始,我先后担任了福建电视大学,中华全国律师培训中心、华东政法学院及复旦大学函授等单位的业余教师,分别讲授了「国际公法」、「国际私法」、「国际经济法」、「律师实务」、「民诉法」[民法通则]等课程。我想我不能误人子弟,何况不少学员年龄不轻,他们认真学习的态度也使我很受感动,因而我备课亦十分认真,力求把枯燥无味的法学课讲得生动些,学员们普遍反映我的课条理清晰,逻辑性强,通俗易懂。通过讲课提高了我的语言表达能力,培养了应变能力。

2.26    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 .

2.27   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.

2.28   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 !"

2.29   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.

2.30   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 ".

2.31   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 .

11    在大约办理了十余起刑民案后,小有名气的李伟民律师当著好些人的面讲我当不了好律师,也不适宜做律师。理由是:一、书生气太重,二、太认真,三、不善于社交,也就不会有案源,而没有案源当然不宜做律师。这种批评虽然尖刻,然而却是一针见血。我不得不重新考虑我走律师路是否正确,检讨一下自己所办的案件,我吃惊地发现,大多数胜诉案并非由于我如苏格拉底般的雄辩,而是因为那些是好案子。这不由得使我想起了一位美国教授答学生问怎样才能成为一名好律师的妙答。教授说:「首先,要有好案子!其次,要有好证据!再次,要有好陪审团!最后,还要有好法官!」我还发现有几个我自以为辩得不错的案子却是败诉的结局。这又使我想起了个别法官庭前庭后不屑一顾的傲慢神态,以及耳闻目睹一些律师在法官面前毕恭毕敬甚至低三下四的情景。搞不正当竞争拉此种关系我绝对不行,思前想后我还是决定走我的学者之路,于是一纸请调厦门大学当教师的报告分别于1986年初送到了厦大和司法厅。厦大法律系盛主任和法学院陈安院长均明确表示欢迎我去厦大,我没想到调动工作这么难,直到半年后福建省司法厅才同意放人。可此时厦大又变卦了,说是我没有硕士文凭,又没有中级职称不宜调进重点大学云云,就这样,工作设调成反而落得不安心工作的「美名」。我想既然我缺的是硕士文凭,还是考研究生吧,结果1987年2月我轻松地通过了上海海运学院国际海商法研究生考试。原以为命运之神已垂青于我,可以实现自己的研究生梦了,岂料又一场灾难正悄悄地向我逼来。

   [1]郭注:此自传是应《律师与法制》之邀而作;1993年9月to January 1994原载原载该杂志。当年《律师与法制》杂志社评选出中国四大青年名律师,即北京市巩沙、福建省郭国汀、上海市陶武平、河北省李伟民。2008年6月15日于温哥华岛修订
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



 楼主| 发表于 10/8/2020 00:41:17 | 显示全部楼层
I always tears stopless without crying, am I still a genuine man???

by Thomas Guoting Guo

It said that Men hardly cry even if there are tears in their eyes. However, since I have been forced into exile by the CCP rogue regime, I have numberless experience tearing without crying when I was alone. My sorrow-heart is not for myself, but for misunderstanding by many friends, even by those who I had sacrificed so much while ask for nothing return. I feel extremely sorry to my exile wife, who in fact love me so tender for eighteen years, and sacrifice her career as a lawyer for my daughter and family, the result by divorce with heart-broken. I feel especially ashamed and guilty to my beloved daughter. Because during her school and university years, I was not able to help her a penny that forced her have to took two jobs, while she is studying at the UBC, if there is any father who are useless to his daughter, that unqualify old father is me,thus her first letter to me declared that if she has choose, the last man she would like to choose to be her father is me.

While I am translating the thank letter by Mr. Huang jingqiu, who is my hero client suffered 12 in prison for his peaceful organized a political party online. The letter which revealed the genuine friendship and appreciation that touch my inner heart so much, that move me to tears could not able to stop flowing down like river; although I have defend a number of political and religious clients,with all my heart and ability, without consider my career nor my family interest at all, but few of them even said a single word of thanks,one of them even complaint me did not do enough; such as a Shanghai lady, I defend her for almost nothing, but pay myself to cover the costs. While she beg me bring the lawsuit against my Boss-Shanghai Judicial Bureau and its head Mr. Miao Xiaobao! Because she was repeatedly and illegally forced into labour camp for her appeal to Beijing for her family house be evicted by Shanghai city government.

Although I am not so 'stupid fool' that can not understand what will be the result......however, after I decide to help her bring a lawsuit against the Judicial Bureau, and its Boss Mr. Miao Xiaobo, not because I did not know what risky job I took ,but for I truly sympathize with her great suffering by the Bureau. With all my capacity and heart, I, with my colleague Lawyer the former judge Mr. Tong Wenzhong, go through all legal procedure from district court and middle court in Shanghai,which took me 12 full-days to dealing with the case : to study the case, gather evidences, research and analyzed the laws and regulations, visited her in jail three times, hearing in court five times, wrote a number of legal documents including two defense statement and appeal statement, published online four essay appeal for international concern and supporting,which made her become prominent...... because I did not successful to meet her once during the appeal period, not my fault, but the police refuse me see her individually, while either me or Lawyer Tong are not able to arrange at the same time to visit her, that she sent me a letter asked for more meeting, the only thanks when she free from the labour camp she give me is that She published an article on the website of "Independent Chinese Pen society" which complain "Lawyer Guo is not the experts  in the law of labour reform" ! But she alleged that she is!

As to my other important human rights clients, seems either show their appreciation or sent me a single letter after they were released from jail, prison, or labour camp; Neither I heard they show their appreciation for my humble and unsuccessful defense, which under the evilest criminal rogue regime, even if I were the God, I am afraid hardly have any chance to win the case......is it the human nature? or Chinese culture lacking the sense of thanksgiving? In fact, I myself also have ignorant to thanks all friends who have been helping and supporting me in time, but in my deep heart, I always remember whoever have help me great or small, and wish one day I can pay them back with interests. Please allow me pray for all of you and yours with the God blessing to have a happy peace and wealthy family and love life.


 楼主| 发表于 10/8/2020 02:00:21 | 显示全部楼层
My forty years struggle for freedom and justice I   by Thomas Guoting Guo

1.12    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.

1.13   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.

1.14   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.

1.15   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.

1.16   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.

童年快乐的事有许多.记得每年暑假,我都与银行子弟到汀江畔的南寨梅林去拾因成熟落地的板傈,柿子之类的.每每半天或整天就在林间,草地花丛中度过.儿时还经常玩一种客家话叫做 “打棋子”的游戏,用坚硬的木质象棋做为击物,投击约十米开外位于一正方形方框中的其他象棋,为此玩得不亦乐乎.时常在小人书滩上租带画的小人书看得津津有味.小时因兄姐众多,我有六个哥,姐,全靠父母100余元的工资维持生计(他们一生中从未任过任何官职,因而没有机会更无权贪污受贿),往往每月唯有省吃俭用,才能勉强维持到下个月工资发放日.记忆中为补贴家用,全家人曾糊过火柴盒,自养鸡,鸭,兔,猫等.全家人平时皆吃银行职工食堂,5分一份的青菜,一角一份的带鱼或黄花鱼(如今已成极珍贵的海鲜!),便是我们每日的主食.每周未妈妈总会煮一大锅内有肉,目鱼等调味品,香喷喷令我馋涎欲泣的面条,.而每年春节, 是我最喜欢过的盛大节日,我特爱吃的 “油炸米果”,除夕夜美妙无比的鸡鸭鱼肉大餐,妈妈是主厨,四个姐姐是有力的帮手,总是吃得我直撑至喉咙方休.大哥大姐皆整天歌声不断,长期耳濡目染,我也成为乐感相当强的内唱高手(即只敢自娱自乐地唱歌)。当年的毛泽东语录诗词歌,文革歌曲,百分之九十迄今我仍能张口即来.最令我愉快的大约是钓鱼了.小学三年级我学会了钓鱼,于是每天放学归来,我时常一个人跑到汀江边.鱼饵则是一种鱼儿特爱吃的“屎虫”.后来我简直成为垂钓高手.直到11岁时,有一天陪一位下放高干子弟缪宏(他的双亲皆为行政13级干部,在我眼中那是好大的官)去池塘游泳,因为他在池塘中间竟将吹气救生圈塞咬开,结果他直往下沉;乱中他双手紧抱着我的脖子,结果我陪他一道下沉.还好我已是有四年泳龄的好手,硬是把他和我自已拖到数十米外水浅的岸边.救了他一条小命.当然,我们不敢告诉大人,直至我离开濯田公社陈屋大队,也不敢再涉足那神密的池塘.我六岁自学游泳,当时只会 “狗刨”式.直到10岁才学会自由泳和挖泳.7岁时在汀江中初试死神的神韵.因我太过自信在仅能“狗刨”式游两下的情况下,竟胆敢游向龙岩潭深水区.结果大水灭顶,喝了不少水,幸亏大哥恰巧在近处.他发现我在那儿忽沉忽浮的惨样,判断我不是练功,于是果断地援手,挽救了一条伟大的生命.为郭家立下了不朽功勋.

   1998年1月于榕城


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