Li Xiaohua: Be a practitioner of the rule of law construction in the new era and the guardian of fairness and justice——The People's Rule of Law reporter interviewed Li Xiaohua, a senior lawyer at Shanghai
People's Rule of Law Network Shanghai News (Reporter: Liu Chuanhong Lu Qingfeng)Comprehensively governing the country according to law is an essential requirement and important guarantee for socialism with Chinese characteristics. The basic strategy of "comprehensively governing the country according to law" was proposed in the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China and the report of the 19th National Congress of the Communist Party of China. In the process of comprehensively promoting the rule of law, lawyers, as practitioners and promoters of our country's judicial system, have very important significance and role. Recently, a reporter from the People's Rule of Law magazine had the honor to interview Li Xiaohua, a senior lawyer at Shanghai.
Li Xiaohua, a Shanghai native, is a senior lawyer and director of Shanghai Li Xiaohua Law Firm. He serves as vice president of the Financial Legal Behavior Research Association of the Chinese Conduct Law Society, vice president of the Litigation Law Research Association of the Shanghai Law Society, academic committee member of the Anti-Financial Fraud Research Center, special researcher of the Institute of Financial Criminal Law Science Research Center of Renmin University of China, representative of the People's Congress of Huangpu District, Shanghai, member of the Internal Affairs and Judicial Committee of the Standing Committee of the Huangpu District People's Congress, president of the Ruijin Chamber of Commerce of Huangpu District, and director of the Legal Service Center of the Huangpu District Federation of Industry and Commerce (Chair of Commerce). He was awarded the honorary title of "2012 Elite Lawyer".
As a senior criminal defense lawyer in Shanghai, lawyer Li Xiaohua is good at preventing and defending legal risks in finance, economics and positions. During his more than 20 years of legal services, he has undertaken hundreds of cases that have influenced in Shanghai and even the whole country. For example, the case of Ma, the former general manager of a company, who caused a sensation in Shanghai and even the whole country, accused of contract fraud of 2 billion yuan and embezzlement of 1.6 billion yuan in funds and a case of Qin, the chairman of a group, embezzling 161 million yuan. As a criminal defense lawyer, Lawyer Li carefully studied and analyzed the case and carefully prepared to defend according to law. In the end, Shanghai No. 1 Intermediate People's Court made a judgment that the above two accusations of Ma were not established and a judgment that the allegations of 125 million yuan were not established. In addition, he also served as the defense lawyer for a series of major cases such as the fraud of export tax rebates (870 million yuan in tax-related taxes) accepted by the Shanghai Higher People's Court, the case of falsely issuing value-added tax special invoices, the case of intentional homicide by the Korean citizen Liang (the victim's Thai girlfriend), the case of Wu and seven others manufacturing drugs accepted by the Shanghai Second Intermediate People's Court (more than 2 tons), the first case of fraud in foreign exchange (200 million US dollars), the case of Shanghai First Intermediate People's Court hearing the case of the defendant Qi's financial certificate fraud, and the case of Singapore citizen Dai's illegally absorbing public deposits (the amount involved is more than 65.42 million yuan), and fundraising fraud (the amount involved is 67.75 million yuan). Through careful defense, the dignity of the law is maintained and the legitimate rights and interests of the parties are protected.
Lawyer Li Xiaohua not only acted on behalf of major cases, but also asked for help from some vulnerable groups and provided legal services free of charge. He told reporters two cases: one is the intentional injury case in "Sulphuric Acid Destroys the Bride: Unrequited Love and Atrocities Shock Shanghai": A young man and a woman in a unit fell in love and got married naturally. Another female colleague had been obsessed with the groom for a long time and used mobile phone text messages and other means to harass her. After learning that "the lover finally got married" had registered with the civil affairs department, she used concentrated sulfuric acid to pour the 23-year-old bride from top to bottom. The defendant then surrendered himself to the district court for trial. Another is the intentional homicide case in "The Young Man Killed for Unreasonable Suspicion": The defendant suspected that the neighbor stabbed the bicycle tire and stabbed the neighbor's 13-year-old son in the chest and abdomen for more than 30 consecutive times. Lawyer Li Xiaohua provided legal services to the families of the victims in the two cases free of charge, so that the criminals could receive the punishment they deserve.
Speaking of his views on these two cases, Lawyer Li said: "The parties to these two cases are both vulnerable groups. Lawyers should safeguard the legitimate rights and interests of the parties, safeguard the correct implementation of the law, and safeguard social fairness and justice. Whether social contradictions among vulnerable groups can be resolved is related to the stability of the entire social structure. Maintaining the rights and interests of vulnerable groups is related to the harmony and stability of the country and society, and is of great significance."
Lawyer Li Xiaohua has served as an adjunct professor at the Kaiyuan Law School of Shanghai Jiaotong University, a part-time graduate supervisor at the Master of Law from Shanghai University of Finance and Economics, and a chairman of the master's thesis defense of East China University of Political Science and Law, and established the "Li Xiaohua Criminal Law Scholarship" at Shanghai Jiaotong University. In the process of practicing and teaching and educating people, he focused on combining theory with practice, closely combining criminal law theory with lawyer practice, and actively participated in the forum on methodology, published academic articles, etc., put forward his own views and views, and did his best to promote the improvement and reform of the litigation system. At the "Seminar on the Practical Issues of Reforming the Legitimate System for Criminal Cases", sponsored by Changning District People's Court and other parties, co-organized by the Shanghai Law Society Litigation Law Research Association and Shanghai Li Xiaohua Law Firm, Lawyer Li gave a keynote speech on "Protecting the Rights of Defendants of the Admitment and Accepting Punishment System for Criminal Cases and Playing the Role of Lawyers", which was recognized by relevant experts and leaders. His record of the case handling of famous Chinese lawyers and the album of lawyers Li Xiaohua's case handling - "Let the Evidence Comes Out and Talks", was published by Shanghai Sanlian Bookstore.
After all, his own efforts are limited. In order to better provide legal services, in 2004, Lawyer Li Xiaohua established a law firm named after him. Lawyer abides by the professional ethics and professional discipline of lawyers, provides clients with high-efficiency legal services, maintains social fairness and justice as its purpose, and features financial, economic, and professional crime defense and legal risk prevention, and provides legal services such as corporate investment and mergers and acquisitions, financing and listing, intellectual property protection, real estate affairs, civil and commercial disputes, and year-round legal counsel.
The law firm has a group of senior lawyers and expert consultants with high education, high professional titles and rich case handling experience, and handles many litigation and non-litigation cases that have a significant impact in Shanghai and even the whole country. The law firm also set up an expert group for difficult cases seminars. For major difficult and complex cases, experts from famous universities and law institutes will be specially hired to argue and propose solutions.
At present, the law firm’s clients include Fortune 500 companies, world intangible cultural heritage interpretation units, large well-known real estate companies, cultural and creative enterprises, large group companies, etc., and serve as permanent legal counsel for the Shanghai Federation of Social Sciences, Huangpu District Federation of Industry and Commerce (General Chamber of Commerce) and other units. They are selected as the supplier of legal counsel for trade financing business of CITIC Bank Shanghai Branch. The law firm is the first batch of filing agencies (law firms) of the China Trademark Office and has been recognized by the first batch of "Shanghai Small and Medium Enterprises Public Service Institutions". The law firm is also included in the legal service unit recommended by the US Consulate.
Through the efforts of all law firm staff led by Lawyer Li, the law firm has achieved remarkable results: the law firm has cultivated a group of outstanding young lawyers mainly based on master's degree in law, and lawyer Jiang Bingbing was awarded the "First Outstanding Young Lawyer in Huangpu District, Shanghai". The law firm has been rated as a civilized unit in Shanghai for five consecutive years, and has been rated as a Shanghai and national honorary title of Shanghai and the "Two New" Organization Party Building Demonstration Point and "Five Good Party Organizations", Shanghai's Advanced Collective System, and the Ministry of Justice's Lawyer Industry, etc. Hong Kong Wenhui Po reported on senior lawyer Li Xiaohua and his team with a special topic of "Hong Kong-foreign legal circles and acclaimed at home and abroad".
Speaking of the future positioning, development direction and strategic planning of the law firm, Lawyer Li told us that in the future, law firms, on the basis of adhering to the rule of law of the Constitution and law first and everyone is equal before the law, will focus on the tasks of Shanghai Municipal Party Committee to optimize the business environment, strengthen urban refined management and build five centers, and launch four brands, and obey the national strategy and the overall situation of Shanghai's work, and create a good legal environment for building Shanghai's strategic advantages in development. We will focus on the following two aspects of work: 1. Do a good job in financial legal services. General Secretary Xi Jinping pointed out that the real economy is the foundation of finance, finance is the bloodline of the real economy, serving the real economy is the mission and purpose of finance, and it is also a fundamental measure to prevent financial risks. In the process of comprehensively and coordinatedly promoting the rule of law and improving the construction of financial rule of law, law firms should strengthen legal services such as financial consumer protection, including lawyer due diligence, issuance of legal opinions, strengthen legal publicity, and hold financial rule of law forums to effectively prevent financial risks and ensure a virtuous cycle of economy and finance. 2. Do a good job in implementing legal services. 2018 is the decisive year of "basically solving the difficulty of execution". Law firms provide legal services to solve the difficulty of execution. According to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Refusal to Execute Judgments and Rulings for Criminal Cases", if the person subject to execution, the person responsible for assisting the execution, the guarantor, etc., who have the obligation to execute the judgment and ruling of the People's Court but refuses to execute the judgment and ruling, and the circumstances are serious, they shall be punished for the crime of refusal to execute the judgment and ruling. In terms of private prosecution execution, the law firm provides legal services for criminal private prosecution to the applicant.
Speaking of the basic strategy of "adhering to the comprehensive rule of law" in the report of the 19th National Congress of the Communist Party of China, lawyer Li Xiaohua admitted that as a legal worker, he has the responsibility and obligation to strictly implement the spirit of the 19th National Congress of the Communist Party of my country and do his best to promote the process of rule of law construction in China. We must carry out work from the following aspects: 1. Do a good job in legal publicity. The report of the 19th National Congress of the Communist Party of China deepens the practice of governing the country according to law requires "increasing efforts to popularize the law for all people, building a socialist legal culture, and establishing the rule of law concept that the Constitution and laws are supreme and everyone is equal before the law." As a legal worker, we must increase efforts to popularize the law so that the people know, learn, understand, abide by the law, and learn to use legal weapons to protect their interests from infringement, while not touching the law and safeguarding the dignity of the law; 2. Provide legal services for criminal complaints involving property rights. The 2018 work reports of the two high schools reaffirmed the importance of property rights protection, and will increase judicial protection of property rights, and resolutely prevent economic disputes from being treated as crimes. Therefore, the law firm will further provide legal services in the process of property rights protection and retrial appeals. 3. Participate in pre-trial mediation, resolve disputes, and contribute wisdom and strength to the construction of a rule of law China. Since 2006, the law firm has signed an agreement with the streets and established the "Li Xiaohua People's Mediation Studio" for 11 years, and the mediation work is indeed effective. Provide relevant legal demonstrations for street decision-making levels when making major decisions involving a wide range of areas and closely related to the interests of the people; provide legal training for street mediation social workers, etc., and provide legal services for grassroots social governance innovation and popularization of the rule of law. We will continue to participate in pre-trial mediation in the future, laying the foundation for preventing legal risks in business and promoting the construction of a good business environment.
At the end of the interview, lawyer Li Xiaohua told reporters that in the new era, he will lead his team on a new journey, keep his original aspiration in mind, keep his mission in mind, and continue to do a good job in legal services as always, and be a qualified practitioner of the rule of law construction and a guardian of fairness and justice!