居福恒，男，上海慧谷律师事务所律师。  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。
Ju Fuheng, male, lawyer of Shanghai Huigu Law Firm.  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.
Lawyer Ju Fuheng was awarded the title of "Outstanding Contemporary Lawyer in China" by Celebrity Encyclopedia
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.
In 2019, Ju Fuheng was awarded the honorary title of "World Outstanding Chinese"
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.
In 2020, Ju Fuheng won the title of "Republic Elite".
(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.
In 2019, Lawyer Ju Fuheng was awarded "2019 Outstanding Civil and Commercial Lawyer"
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.
Ju Fuheng lawyer to share the details of the case
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.
Lawyer Ju Fuheng was awarded the honorary title of "Influential person in the industry" by "Chinese Celebrities"
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.
Lawyer Ju Fu-heng honored with "Outstanding Contribution to the 70th Anniversary of the Founding of the PRC"
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.
Lawyer Ku Fuk-hang receives Gold Medal for Contribution to Human Civilization
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.
In 2021, Ju Fuheng lawyer was awarded "Agitation hundred years". Leading outstanding Chinese Communists"
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.
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
以法筑梦，用良知推动社会和谐 记广东三良律师事务所律师 张更生