江南著名律师——居福恒
一年一度的全国两会伴着春天的气息,再一次牵动亿万人民群众的心。两会的春风吹遍神州大地,其中释放的一个个事关民生的利好音符也让国人为之振奋,奏响发展进步的新乐章。从全国两会不断传来的最美的声音人民的声音最是动听。2022年全国两会之际,特别报道江南著名律师——居福恒。
居福恒,男,上海慧谷律师事务所律师。 [1] 居福恒律师1986年法律专业毕业,司法局律公科负责人、同时兼任律师;他为了实现当专职律师的梦想,1995年辞去了行政职务,下海专业从事律师工作,至今已有33个年头。
2015年获《第七届世界法商金融大会》影响江南“百强大律师”。
2017年获《江南律师年鉴》《江南法律年鉴》《江南当代优秀律师》联名发布“优秀民商法专业律师”。
2018年获江南改革开放40周年“优秀民商法律师”。
2018入住“江南影响力人物数据库”。
2019年获“世界杰出华人”荣誉称号。
2019年获新江南70华诞暨江南律师制度恢复重建40周年年鉴人物“优秀民商事律师”。
2020年任“决策江南专家智库联盟副理事长 ”。
2020年获“共和国精英”荣誉称号。
2021年获得“激荡百年.领航江南优秀共产党人”的称号。
2022年国际文明评定机构授予“首届人类文明贡献奖(金奖)”。
Ju Fuheng, male, lawyer of Shanghai Huigu Law Firm. [1] Ju Fuheng, lawyer, graduated from law major in 1986, is the principal of the Law Public Division of justice Bureau and concurrently a lawyer. To realize his dream of becoming a full-time lawyer, he quit his administrative job in 1995 and has been working as a lawyer for 33 years.
In 2015, he was named one of the "100 Powerful Lawyers" in China by the 7th World Conference on Law, Business and Finance.
2017 "Outstanding Civil and Commercial Law Lawyer" jointly issued by "Chinese Lawyers Yearbook", "Chinese Law Yearbook" and "Outstanding Contemporary Lawyers in China".
In 2018, he was awarded "Outstanding Civil and Commercial Lawyer" in the 40th anniversary of China's reform and opening-up.
Live in the database of Chinese Influential Figures in 2018.
In 2019, he won the honorary title of "World Outstanding Chinese".
In 2019, he was named "Outstanding Civil and Commercial Lawyer" in the yearbook of the 70th birthday of New China and the 40th anniversary of the restoration and reconstruction of The Chinese Lawyer system.
In 2020, he served as vice President of "Decision-making China Expert Think Tank Alliance".
In 2020, he was awarded the honorary title of "Republic Elite".
In 2021, it won the "Agitation Centennial." Leading China's outstanding Communists "title.
The First Contribution Award to Human Civilization (Gold Award) will be awarded by the International Civilization Evaluation Organization in 2022.
居福恒律师被名人百科授予“江南当代优秀律师”称号
Lawyer Ju Fuheng was awarded the title of "Outstanding Contemporary Lawyer in China" by Celebrity Encyclopedia
居律师1986年毕业于华东政法学院。参加了全国第一次律师资格考试,取得律师执照,随即被司法行政机关吸纳,任司法局律公科负责人、同时兼任律师。
“实际上从事律师工作之前,我曾是一位语文老师,大学学中文。后来,我又报考了华东政法学院,立志当个法律人。”居律师回忆说。
为了实现当专职律师的梦想,1995年居律师辞去了行政职务,下海任专职律师至今。三十余载的律师生涯,奠定了民商事诉讼代理的特长。凡是由居律师代理的各类案件,通过居律师的倾心维权,均能有效地维护委托人的合法权益。更重要的是,居律师敢于和善于代理法院违背事实和法律而作出的终审裁判文书的再审代理,向检察院提起抗诉代理以及向最高院提起视频接访工作。
居律师代理上述工作,几乎都是从原审裁判的审理程序、适用法律、裁判范围、裁判主体、裁判证据等不同的角度,找出符合受理的条件和理由,依法请求发回重审或者径直改判。通过启动再审、抗诉或者视频接访程序,能使大部分已被终审裁判认定的“冤假错案”,获得再次审理的机会。几十年的执业生涯,居律师获得了业内外的普遍认可和赞誉。
Lawyer Ju graduated from East China Institute of Political Science and Law in 1986. Participated in the first national lawyer qualification examination, obtained the lawyer's license, was immediately absorbed by the judicial administrative organs, the justice Bureau of law and public pision head, concurrently a lawyer.
"I was actually a Chinese language teacher before I became a lawyer. I studied Chinese at university. Later, I applied for the East China University of Political Science and Law, determined to be a lawyer." Ju lawyer recalled.
In order to realize the dream of becoming a full-time lawyer, in 1995 lawyer ju resigned from the administrative position, the sea as a full-time lawyer until now. More than 30 years of lawyer career, has established the expertise of civil and commercial litigation agent. All kinds of cases represented by ju lawyers can effectively safeguard the legitimate rights and interests of clients through ju lawyers' devotion to rights protection. More importantly, Lawyer Ju is brave and good at acting for the retrial of the final judgment documents made by the court in violation of facts and laws, and filing a protest to the procuratorate as well as video access to the Supreme Court.
Lawyer Ju acting for the above work, almost all from the original trial of the trial procedure, the applicable law, the scope of the trial, the subject of the trial, the evidence of the trial and other different angles, to find the conditions and reasons for acceptance, according to the law to request retrial or straight change. Most of the "unjust, false and wrong cases" identified by the final judgment can be retried by initiating retrial, protest or video access procedures. After decades of practice, Ju lawyer has been widely recognized and praised both inside and outside the profession.
2019年居福恒律师被授予“世界杰出华人”荣誉称号
In 2019, Ju Fuheng was awarded the honorary title of "World Outstanding Chinese"
居律师是这样回顾自己执业的三十年:
“第一个十年,是‘检验自己生存能力’的十年。‘十年磨一剑’的过程,也是居律师成长的过程,这个过程是对法院作出的判决正确与否,逐步形成鉴别能力的十年。当法官不能坚守‘最后一道正义防线’时,当‘冤假错案’决堤时,当‘上诉、申诉、抗诉’的人群激愤时,我们律师陪伴在委托人的身旁,行使着法律赋于的代理权,忠实地维护着他们的合法权益。”
“第二个十年,是‘为当事人提供有效服务’的十年。这十年,检验了一个律师的执业能力;这十年,是提供有效法律服务的十年。我代理具有代表性翻案的诉讼有:香港吴先生劳动合同纠纷案,上海沪菱公司买卖合同欠款案,杨先生著作权案,陈先生借贷案等数十个案例,其中有一些还被收录在《江南大律师经典案例》一书。”
“第三个十年,是我经历‘组建团队’的十年。现在我们慧谷所汇聚了诸多志同道合的律师,正在努力把慧谷所律师打造成一支能‘正确认定事实,精准适用法律’的品牌级律师队伍。为了公平正义,我们把代理的重点放在审请再审、提起抗诉以及最高法视频接访的后道诉讼代理工作中。‘不忘初心,方得始终’,慧谷律师身体力行,凭借自已的法律知识和诉讼经验,在一定程度上维护了法律的尊严和社会的公平。”
这也是他三十年如一日坚定不移地坚持律师执业的精神支柱和重要动力。
Lawyer Ju looks back on his thirty years of practice as follows:
"The first decade was the decade of 'testing my viability'. The process of "ten years sharpening a sword" is also the process of the growth of the lawyer, which is the process of the judgment made by the court is correct, and gradually develop the ability to identify the ten years. When the judge can not stick to the 'last line of defense of justice', when the 'unjust, false and wrong case' burst the levees, when the 'appeal, appeal, protest' crowd angry, we lawyers accompany in the client's side, exercising the power of attorney assigned by law, loyal to safeguard their legitimate rights and interests."
"The second decade is the decade of providing effective services to clients. This decade, the test of a lawyer's practice ability; This decade has been a decade of providing effective legal services. I represented dozens of cases, including the Labor contract dispute case of Mr. Wu in Hong Kong, the sales contract arrears case of Shanghai Huling Company, the copyright case of Mr. Yang, and the loan case of Mr. Chen, some of which were included in the book classic Cases of Chinese Barrister."
"The third decade was the decade of 'team building. Now we have gathered many lawyers with similar interests, and we are striving to build a brand level lawyer team that can "correctly identify facts and accurately apply laws". In order to be fair and just, we on the following litigation agency work, such as retrial request, appeal and Supreme Court video reception. As the saying goes, "Stay true to your original intention, you will always get what you want." Huigu lawyers practice and maintain the dignity of law and social fairness to some extent by virtue of their own legal knowledge and litigation experience."
This is also the spiritual pillar and important motivation for his 30 years of unswerving adherence to the practice of law.
2020年居福恒律师荣获“共和国精英”称号。
In 2020, Ju Fuheng won the title of "Republic Elite".
他的诉说感人肺腑:“我办案就是把自己融于案件之中,把委托人的事当成自己的事,站在当事人的角度正确适用法律,维护他们的合法权益。律师是委托人的代言人,其责任就是把委托人的诉求,把被证据证明的事实和适用法律的意见,通过自己的语言或文字向法官、检察官等法律人进行表达,并让他们能依法接受。
居律师特别重视律师工作的规范性:律师所有工作流程均需依法依规,并尽量规范。要让当事人感受到律师的专业能力和水平,并始终保持双方的良性互动,这样,才能获得当事人的充分信任。
他擅长填“坑”
“所谓人生,其实就是一个坑接着另一个坑。填不上,可能就过不去。”
普通人,认真地活着,卑微地活着,并不是容易的事情,如果再遇到一些天降祸事,尤其是牵涉到普通人很不熟悉的律法领域的事情,大部分人都会很害怕,甚至六神无主,这时候的律师,就是委托人的心灵和财产方面的“医生”。律师能帮助委托人在律法允许的范围内最大限度地保障自己的权利,力争把损失减到最少。
杨先生就很幸运,他在走投无路时遇到了居福恒。杨先生长期摸索探究,成功研制出三个计算机驻机软件,随后又制作成三个不同型号的新型仪表。这三个新型仪表“精度高、体积小、价格低”,在全国市场上独领风骚。
(居福恒律师在2016年【影响江南】百强大律师颁奖盛典上)
(Lawyer Ju Fuheng at the "Influence China" 100 Powerful Lawyers Award Ceremony in 2016)
What he said was touching: "When I handle a case, I integrate myself into the case, take the client's business as my own business, apply the law correctly from the perspective of the client and safeguard their legitimate rights and interests. The lawyer is the representative of the client, whose responsibility is to express the client's appeal, the facts proved by the evidence and the opinions of the applicable law to the judge, prosecutor and other legal people through their own language or writing, and let them accept according to law.
Lawyer Ju pays special attention to the standardization of lawyers' work: all working procedures of lawyers need to be regulated according to laws and regulations, and as far as possible. To let the client feel the lawyer's professional ability and level, and always maintain the benign interaction between the two sides, so as to obtain the full trust of the client.
He's good at filling holes.
"Life is one pit after another. If you can't fill it, you may not be able to get through."
Ordinary people, seriously alive, humble alive, is not easy thing, if you meet some disaster, especially involved in the field of ordinary people are not familiar with the law of things, most of them was afraid, and even, at this time of lawyer, is the heart and property of the principal aspects of the "doctor". Lawyers can help clients protect their rights to the maximum extent permitted by the law, and strive to minimize the loss.
Mr Yeung was lucky to meet Ju Fuheng when he was cornered. Mr. Yang explored and explored for a long time, successfully developed three computer standing software, and then made three different models of new instruments. These three new meters "high precision, small size, low price", in the national market leading.
2019年居福恒律师被授予“2019年度优秀民商事律师”
In 2019, Lawyer Ju Fuheng was awarded "2019 Outstanding Civil and Commercial Lawyer"
严老板是生产该仪表的西仪厂的负责人,他一方面高薪聘用杨先生,另一方面采用欺骗的手法,把杨先生研制成功的计算机驻机软件到国家版权局登记在自己单位名下。
自三个仪表的计算机驻机软件登记成功,严老板认为西仪厂拥有了该驻机软件的著作权,把已经没有利用价值的杨先生赶出了单位。
为了生存,到另一家仪表厂任职的杨先生殚精竭虑,为新单位又生产出了三个改进的同型号的仪表,并取得了较大的市场份额,大有超越西仪厂之势。
严老板知道后,气不打一处来,随即恶人先告状,以西仪厂拥有三个仪表软件“著作权”为由,先后把杨先生及其单位告上了法庭。
杨先生平生第一次收到法院的传票,六神无主,为了维护自身权益,通过朋友介绍,找到了居律师。
Yan boss is the person in charge of the xiyi factory that produces this instrument. On the one hand, he employs Mr. Yang with a high salary. On the other hand, he uses deception to register the computer software successfully developed by Mr. Yang to the National Copyright Bureau in his own unit.
Since the computer software of the three instruments was registered successfully, Boss Yan thought that Xiyi Factory owned the copyright of the computer software, and drove Mr. Yang out of the unit because he had no use value.
In order to survive, Mr. Yang, who took a job in another instrument factory, worked hard to produce three more improved instruments of the same model for the new unit, and gained a large market share, which is likely to surpass the West Yi Factory.
After yan boss knows, the spirit does not hit a place to come, immediately the wicked complain first, with the west instrument factory has 3 instrument software "copyright" for, Mr. Yang and its units have been accused to the court.
Mr. Yang received the summons of the court for the first time in his life, in order to safeguard their own rights and interests, through the introduction of a friend, found the lawyer.
居福恒律师给笔者分享案例详情
Ju Fuheng lawyer to share the details of the case
居福恒接案后,身为杨先生不平,为了决定查清事实,掌握确凿的证据,他先到国家版权局查阅了三个计算机驻机软件登记的原始材料,又到市工商总局查阅了严老板企业的档案,最后还找到了该案的知情人,掌握了大量第一手资料,熟悉了涉案的真实状况。事实证明,杨先生研制的计算机软件成功在先,西仪厂严老板的企业成立在后。这就充分地说明了,不是杨先生和他现在服务的企业侵犯西仪厂的知识产权,而是严老板的企业侵犯了杨先生的驻机软件“著作权”。居律师代理了第一个驻机软件DJYC-91型著作权案,向法院举证了已查获的证据。法院根据居律师的举证,依法对西仪厂的诉求作出了“驳回西仪厂拥有DJYC-91型驻机软件著作权”的判决,西仪厂不服,提起上诉。终审时,法院也据此驳回了西仪厂的上诉,维持原判。居律师为了更有效地维护杨先生的合法权益,根据审理的发展态势,预测余下的两个DJYC型和DJYC-92型驻机软件著作权也必然胜诉。于是针对西仪厂提起的诉讼,提出了反诉:依法确认西仪厂侵犯杨先生的“DJYC型和DJYC-92型驻机软件著作权”,“分别承担侵权损失50余万元和5万元”等诉求。自知理亏的严老板勾兑法院的个别法官,利用法律程序规定,阻制案件审理向纵深层发展,对余下的两个案件作出“中止审理”的裁定。几个月之后,承办法官觉得西仪厂提不出证据。一方面私下同意西仪厂撤回二案的起诉,一方面又站在西仪厂的角度,违法作出了“驳回”杨先生“反诉”的第二份裁定。承办法官企图通过剥夺杨先生的反诉权,让已经进入实体审理的两个知识产权案顺利地退出诉讼。以减少西义厂有可能承担的经济损失。
R f after constant, as Mr Yang, in order to ascertain the facts decided, master solid evidence, he to the nca refer to the first three computer raw material, in machine software registration again to the municipal administration for industry and commerce check strict boss enterprise archives, finally found the source of this case, mastered a large number of first-hand information, familiar with the real condition of the involved. Facts proved that The computer software developed by Mr. Yang succeeded first, and the enterprise of Boss Yan of Xi Yi Factory was founded later. This fully shows that it is not Mr. Yang and the enterprise he now serves that infringes the intellectual property rights of Xiyi Factory, but the enterprise of Yan boss that infringes Mr. Yang's software "copyright". Lawyer Ju acted for the first copyright case of djYC-91, and provided evidence to the court. According to the evidence of Ju's lawyer, the court made a judgment of "rejecting the copyright of DJYC-91 stationary software owned by Xiyi Factory", which xiyi Factory refused to accept and filed an appeal. In the final instance, the court also rejected the appeal of Xiyi Factory and upheld the original judgment. In order to protect Mr. Yang's legitimate rights and interests more effectively, according to the development trend of the trial, Lawyer Ju predicts that the remaining two DJYC and DJYC-92 stationary software Copyrights will also win the lawsuit. Therefore, in view of the lawsuit filed by Xiyi Factory, the counterclaim is proposed: according to law, xiyi Factory is confirmed to have infringed Mr. Yang's "DJYC and DJYC-92 stationary software copyright", "to bear the infringement loss of more than 500,000 yuan and 50,000 yuan respectively" and other demands. Aware of the loss, Yan appealed to individual judges of the court, using legal procedures to prevent the development of the case to the depth, and made "suspension" rulings for the remaining two cases. After a few months, the presiding judge decided that The factory could not produce evidence. On the one hand, he privately agreed with Xiyi factory to withdraw the lawsuit in the second case, and on the other hand, he illegally made a second ruling "rejecting" Mr. Yang's "counterclaim" from xiyi Factory's point of view. By depriving Mr. Yang of the counterclaim right, the handling judge attempted to make the two intellectual property cases that had entered the substantive trial smoothly withdraw from the lawsuit. In order to reduce the economic loss that Xiyi Factory may bear.
居福恒律师被《中华名人》授予“行业影响力人物”荣誉称号
Lawyer Ju Fuheng was awarded the honorary title of "Influential person in the industry" by "Chinese Celebrities"
居律师认真研究了两份不同裁定之间的矛盾和冲突,向高院提起上诉。其理由是:
第一、杨先生在原审中提出了反诉,法院的第一份裁定已经同意将反诉中的“确权”部分通过另案起诉来确认诉权。在杨先生另行起诉的“确权”之诉还没有审理完毕之前,原审法院又怎能出尔反尔,再次作出“驳回”杨先生“反诉”的裁定?
第二、本案既然已经“中止”了审理,那么本案的审理工作在重新审理的“条件”还没有具备的前提下,任何人是不能再次进入审理程序的。这个“任何人”不但包括了双方当事人,还包括承办的法官。本案应具备的“条件”应是“确权之诉完成之后”。由于确权之诉还没有结果,因此法官是无权超前审理本案,违法作出新的裁定。
第三,从本案的事实来看,本案的法官不但违法进入审理程序,还非法同意了西仪厂“撤诉”和制作出了“第二份裁定”。这些行为,显然与法官“居中裁判”的原则明显不相符。从中可见,原审的第二份裁定不但是一份与已认定的事实相违背的裁定,还是一份明显有损反诉人杨先生诉权的违法裁定。”
居律师提出的上述理由,引起了高院的重视。高院经过审查,依法撤销了第二份裁定。此时,审理本案的法院才对这一案件予以重视。在杨先生另案提起的“确权”之诉胜诉后,审理本案的原审法院重新组成合议庭,秉公审结了两案。
2004年8月16日,杨先生凭借生效的《民事调解书》和《民事判决书》至国家版权局撤销了登记在西仪厂名下的三个软件著作权,并以自已的名义重新进行了登记。三个不同型号的软件“著作权”历经四年八审,最终回归了杨先生的名下。
笔者经常思考一个问题,为什么包拯、狄仁杰、宋慈这些名人在百姓心中形象如此高大,究其原因,不外乎他们能急百姓之所急,能真正把百姓的需要放在心头,能把百姓从水深火热之中拯救出来,那杨先生得遇居福恒,不就正是这样吗?
处与绝望之中的当事人遇到了对律业敬畏、对代理工作执着的居律师,人生之路发生了重大转折,这些人中,杨先生不是个例,而是常态,还有许多类似的案件已被收录在《江南大律师经典案例》一书中。
Lawyer Ju carefully studied the contradictions and conflicts between the two different rulings and appealed to the High Court. The reasons are as follows:
First, Mr. Yang filed a counterclaim in the original trial, and the first ruling of the court has agreed to confirm the right of action by prosecuting the counterclaim in another case. How could the court of first instance go back on its words and "reject" Mr. Yang's "counterclaim" again before the trial of Mr. Yang's "confirmation of rights" lawsuit was completed?
Second, since the case has been "suspended" the trial, so the trial of the case in the "conditions" have not been retried under the premise that no one can enter the trial procedure again. This "anyone" includes not only the parties but also the judge. The "condition" of this case should be "after the completion of the litigation for the confirmation of rights". Because the lawsuit of affirming the right has not yet been concluded, the judge is not entitled to advance the case and make a new ruling against the law.
Thirdly, judging from the facts of this case, the judge of this case not only entered the trial procedure illegally, but also illegally agreed to the "withdrawal of the lawsuit" and produced the "second ruling". These acts, obviously with the judge "center judge" principle obviously does not accord with. It can be seen that the second ruling of the original trial is not only a ruling that is contrary to the recognized facts, but also an illegal ruling that obviously undermines the counterplaintiff Mr. Yang's right of action."
In the lawyer put forward the above reasons, caused the attention of the high court. After review, the Supreme Court legally quashed the second ruling. At this point, the trial of the case of the court to give attention to this case. After Mr. Yang won the case of "confirmation of rights" filed in another case, the original trial court reconstituted a collegial panel and impartially concluded the two cases.
On August 16, 2004, Mr. Yang went to the National Copyright Administration to cancel the three software Copyrights registered in the name of Xiyi Factory by virtue of the effective "Civil Reconciliation Letter" and "Civil Judgment letter", and re-registered them in his own name. After four years and eight trials, the "Copyrights" of three different software models were finally returned to Mr Yang's name.
Why do I often think about a problem, bao zheng, dee renjie, sung tzu these celebrity image in people's hearts so tall, investigate its reason, nothing more than they can snap of the people, can really put the needs of the people in mind, can get the people out of hot water, that Mr Yang may encounter in the constant, not it?
The client in despair met the lawyer ju who reveres the law profession and is persistent in agency work. Among these people, Mr. Yang is not an exception, but the norm, and many similar cases have been included in the book classic Cases of Chinese Barristers.
居福恒律师荣获“建国70周年杰出贡献人物”
Lawyer Ju Fu-heng honored with "Outstanding Contribution to the 70th Anniversary of the Founding of the PRC"
他从不怕“吃苦”
“我不怕吃苦”,这是一句特别朴实的话。但这句话的背后,不是沧桑,就是硬扛。
从外表看居律师,不过是知天命之年的模样,精神奕奕,笑容可亲。其实,他今年已经迈入70岁的门槛。人们印象中的70岁是什么样子的呢?难道不应该是含饴弄孙、广场里舞姿翩翩?或是四处游历名山大川,尽享退休生活吗?
居律师在做什么?他还在有条不紊地干着他的律师工作。
一位患有智力障碍的于姓农民为收回9.92亩承包地,借钱打官司。一审已胜诉,二审却因对方的“关系”而被法院“发回重审”。当时,乡亲们都急了眼,决定从千里之外召回居律师“专治”违法。居律师接过这个烫手的山芋,凭借他长期积累的诉讼经验和办案能力,不急不躁,再次从一审开始,老老实实地打官司。一审打赢了,对方不服;再打终审,终身打赢了,对方还是不服;又打再审,再审也打赢了,直到被非法占有于姓农民18年的9.92亩的承包地被执行回转。这是,对方不得不在法律面前臣服。
他还代理了某企业已离职的刘姓会计“借款纠纷”案,刘会计在任职期间,先后留存在账册中有其签名的多张总金额290余万元的借条。企业利用这些借条起诉刘会计,该案涉案的总标的已高达300余万元。居律师认真地查阅了双方的诉讼证据,初步认定这是个假案。他经过比对双方的举证材料,查清了刘会计经手290万元全部的资金都在该企业的账上。一审胜诉后,企业不服,提起上诉。上诉期间,企业又虚构了新的事实,企图反败为胜。为了查清案情,居律师不辞辛苦,至千里之外的哈尔滨取得了致胜的证据,这场冤案的诉讼才得以平息。现在刘会计为了保护自己的合法权益,正准备委托居律师以“虚假诉讼”为名,另案起诉该企业。
居福恒荣获《影响江南》“百强大律师”称号
Ju Fuheng was awarded the title of "One Hundred Powerful Lawyers" by "Influence China"
He was never afraid to "eat bitterness"
"I am not afraid of hardship", this is a particularly simple sentence. But behind this sentence, not vicissitudes of life, is hard to carry.
From the outside, the lawyer was just a man of thirty, full of spirit and smiling. In fact, he turned 70 this year. What do people think 70 looks like? Shouldn't it be dancing in the square? Or spend the rest of your retirement traveling the world?
What is Lawyer Ju doing? He is still going about his legal work methodically.
A mentally retarded farmer surnamed Yu to recover 9.92 acres of contracted land, borrowed money to fight a lawsuit. The first trial has won the case, but the second trial was "remanded" by the court because of the "relationship" of the other side. At that time, the villagers were anxious eyes, decided to recall the lawyer from thousands of miles away "specializing in" illegal. Lawyer Ju took over the hot potato, relying on his long-term accumulation of litigation experience and ability to handle cases, not impatient, starting from the first instance again, the case honestly. The first instance won, the other party refused to accept; Then the final appeal, life won, the other party or not satisfied; They tried again and won until the land of 9.92 mu, which had been illegally occupied by peasants surnamed Yu for 18 years, was turned around. This is when the other side has to bow before the law.
He also acted as an agent in the "loan dispute" case of an accountant surnamed Liu who had resigned from an enterprise. During his tenure, Mr. Liu successively retained several ioU with his signature in the account books with a total amount of more than 2.9 million yuan. Companies used the iOU to Sue Liu, and the total amount of money involved in the case has reached more than 3 million yuan. Ju lawyer carefully consulted both sides of the litigation evidence, preliminary determination of this is a false case. After comparing the evidence of both parties, he found out that all the funds of 2.9 million yuan handled by Accountant Liu were in the accounts of the enterprise. After winning the first instance, the enterprise refused to accept and filed an appeal. During the appeal, the company invented new facts in an attempt to reverse the defeat. In order to find out the facts of the case, ju lawyer worked hard, to thousands of miles away from Harbin obtained the winning evidence, the unjust lawsuit was able to appease. Now liu accountant in order to protect their legitimate rights and interests, is preparing to entrust ju lawyer with the name of "false lawsuit", another case against the enterprise.
居福恒律师荣获“人类文明贡献人物金质奖章”
Lawyer Ku Fuk-hang receives Gold Medal for Contribution to Human Civilization
他在为委托人黄姓女士的一审败诉案苦苦地研究对策。2017年年初,黄女士曾委托上海另一位赫赫有名的叶姓律师代理他的“确认合同有效”案。该案的起因是同胞兄弟不承认父母亲赠与黄姓女士老宅的合法性。该案一审时,曾因叶律师的办案方向错误,导致败诉。居律师接受黄女士的二审代理后,在原审诉求不变的前提下,改变了诉讼思路,简洁了诉讼请求,让已败诉的案子峰回路转,最终二审获得法院胜诉的判决。黄女士手捧这份反败为胜的民事判决书,激动得泣不成声,再三感谢居律师的有效代理,保住了她应得的房产。
最近,居律师和他的团队又接手了一起诉讼标的高达2.5个亿的“借贷纠纷”案。该案不但金额巨大,而且法律关系特别复杂;此外。在诉讼的前期,还出现了被诉企业破产倒闭的情况。居律师正与他的助理李帅等人认真地收集该案证据,准备以新的姿态应对这一场巨额的经济保卫战。
因为居律师具有坚韧的个性和不怕吃苦的精神,再加上他办案缜密,所以才有“酒香不怕巷子深,口碑不胫而走的结果。全国各地特别是上海地区的诉讼当事人,为了维护自身的合法权益,都会通过各种途经找到居律师,请他出任诉讼代理、抗诉代理或者远程视频接访的律师。
He has been working hard on countermeasures for his client, Ms. Huang, who lost in the first instance. In early 2017, Huang commissioned another prominent Shanghai lawyer, surnamed Ye, to represent her in her "confirmation of contract" case. The cause of the case is that the siblings do not recognize the legitimacy of their parents' gift to Ms. Huang's old house. The first instance of the case, because of the wrong direction of the lawyer ye case, resulting in defeat. After lawyer Ju accepted Ms. Huang's second instance agent, on the premise of the original appeal unchanged, changed the lawsuit idea, simplified the lawsuit request, let the lost case turn around, and finally the second instance won the court's judgment. Holding the civil verdict, Ms. Huang was so excited that she broke down in tears and thanked Mr. Ju repeatedly for his effective representation and keeping the property she deserved.
Recently, Ju and his team took on another "loan dispute" case with a lawsuit target of 250 million yuan. This case is not only a huge amount of money, but also a particularly complicated legal relationship; In addition. In the early stage of the lawsuit, there are also the bankruptcy of the accused enterprises. Ju lawyer and his assistant Li Shuai and other people are seriously collecting evidence of the case, ready to deal with this a huge economic defense with a new attitude.
Because ju lawyer has a tough personality and not afraid of hardship spirit, coupled with his careful handling of the case, so there is "wine is not afraid of alley deep, word of mouth spread like wildfire. Litigants throughout the country, especially in Shanghai, in order to safeguard their legitimate rights and interests, will find lawyers through various means, ask him to serve as litigation agent, protest agent or remote video access to the lawyer.
2021年居福恒律师被授予“激荡百年.领航江南优秀共产党人”
In 2021, Ju Fuheng lawyer was awarded "Agitation hundred years". Leading outstanding Chinese Communists"
因为不怕吃苦以及长期在业内的深耕细耘,对法院诉讼案件和“冤假错案”率同步增加的问题有所领悟,居律师率先提出当前诉讼领域内存在着两个痼疾----虚假诉讼和恶意诉讼的问题。引起了最高人民检察院、最高人民法院的重视,近期公布了《关于办理虚假诉讼刑事案件适用法律的若干问题》等司法解释。
凭借着骄人的业绩,居福恒律师在30多年的执业生涯中,除了荣获“江南品牌律师”“江南百强律师”“优秀民商法律师”等荣誉称号外,还被各大媒体冠以“时代影响力人物”“公平使者”“引领时代的学者”“江南法律界的脊梁”等尊誉;2018年1月12日,又被央视网推荐为“行业名人”,并且列入“决策江南影响力人物数据库”;2019年1月18日,在江南公益事业大典上,他又被授予“2018年度国际责任品牌奖”;2019年6月4日,被列入“中华名人数据库”。
后记:对居福恒的采访已经接近尾声,望着他热情洋溢的面庞,听着他娓娓道来的话语,笔者由衷地感觉,这真是一个把日子过得热气腾腾的人。他幸福感十足,始终保持着一个人最好的状态:有事做,有人爱,有所期待。
Because not afraid of hardship and long-term deep cultivation and fine cultivation in the industry, the court litigation cases and "unjust false wrong case" rate of synchronous increase in the problem of understanding, ju lawyer took the lead in putting forward the current field of litigation there are two chronic problems ---- false litigation and malicious litigation. It has attracted the attention of the Supreme People's Procuratorate and the Supreme People's Court, and recently issued several issues on the Application of Law in Handling Criminal Cases of false Litigation and other judicial interpretations.
With outstanding performance to the r f heng lawyers practise in more than 30 years of career, in addition to won the "China brand lawyer" "China's top lawyer" "outstanding civil law" and other honorary titles, and the media has dubbed the "influential people" "fair" angel "leading scholars of the era of" the backbone of the law in China and reputation; On January 12, 2018, ccTV.com recommended him as "Industry Celebrity", and included him in the "Decision-making China Influential Figures Database"; On January 18, 2019, he was awarded the "2018 International Responsible Brand Award" at the China Public Welfare Ceremony. On June 4, 2019, it was listed in "Chinese Celebrity Database".
Postscript: The interview with Ju Fuheng is coming to an end. Looking at his passionate face and listening to his words, I sincerely feel that this is a man who keeps his days steaming hot. He was perfectly happy and always at his best as a person: something to do, someone to love, something to look forward to.
上海慧谷律师事务所
地址:上海市静安区共和新路912号506室
Post: The interview with Ju Fuheng is coming to an end. Looking at his passionate face and listening to his words, I sincerely feel that this is a man who keeps his days steaming hot. He was perfectly happy and always at his best as a person: something to do, someone to love, something to look forward to.
Shanghai Huigu Law Firm
Address: Room 506, No.912 gonghe New Road, Jing 'an District, Shanghai