A Note Of Cases
Lead:A look at the well-being of Chinese children--from the perspective ofsuch a big thing that western parents ignore their adult children.
WR (pseudonym) was born in a western country and came to China with hisvisa for some reason. After he came to the mainland, he found the huge tutoringmarket in China, so he began to engage in tutoring.
One night, when he was playing in a bar with his girlfriend, he broke a servicestaff’s skull with one blow because they got involved into a verbal conflict with eachother, causing a light injury (skull fracture). After that, the public security organ putthe case on file for investigation, and WR was detained and lost his personalfreedom, according to the principle of jurisdiction in the place where the crime wascommitted. Before long, the case was transferred to the Procuratorate.
During the Procuratorate’s investigation, this defender acted as the criminaldefense lawyer of WR’s foreign-related case. I provided the Criminal LegalOpinionwhich was about the lawyer’s opinion on the case to the Procuratorate, andapplied for bail pending trial for him. After the detailed explanation and repeatedcommunication of the defender with the Procuratorate on the content of CriminalLegal Opinion, WR finally got the forgiveness from the injured service staff andsuccessfully went through the bail pending trial.
Since WR naively assumed that being on bail meant inevitably not to besentenced, he did not entrust this lawyer as the defender after entering the first trial.Finally, he was sentenced by the first trial court and was re-detained.
During the whole process from the time WR was firstly detained to the time hewas eventually imprisoned, this defender talked with WR’s mother by phone forseveral times,but she has never been to the mainland.her philosophy and attitudewere that: he was an adult; he should be responsible for his own actions; he shoulddeal with his own affairs and bear his own crime…
From my working experience, this defense lawyer knows that if the parentswere from the mainland, they must have tried every means and worked their heartsout for such big things for their children. By contrast, the kindness of Chineseparents as well as the happiness of Chinese children may be the top 1 in the world.
(A note of cases by Qian Peixin, Shanghai Branch of Beijing Huicheng LawFirm)
Lawyer Qian Peixin is the deputy director of Shanghai Branch of Beijing Huicheng Law Firm, head of major difficult cases group, arbitrator; he is hiredas postgraduate advisor of Fudan University and Law School of South China University of Technology; he also serves as legal counsel for the government,domestic and foreign enterprises, famous film stars and directors. He is wellversed in litigation and has in-depth research on criminal law, contract law,corporation law and laws of economics and finance, intellectual property rights,and marriage. Lawyer Qian’s team is good at cases of business, economics andeconomic crime. It provides justification for economic crime, and litigation services forcontract disputes, investment and financing (fund, financial management, etc.), mergers and acquisitions, construction and real estates, intellectual property and marriage, and the like. It has rich experience in corporate governance and risk prevention. Lawyer Qian has worked as a judge for nearly 20 years and as a lawyer for more than 10 years. He has served successively as chief judge, presiding judge, director of research office as well astrial administration office, handling more than 1000 cases and publishing hundreds ofarticles in various journals and magazines. The law firm he belongs to is one converted directly under the Ministry of Justice, which has 20 branches in the nationwide. Shanghai Branch won the title of Excellent Law Firm for several times and was awarded as the Advanced Collective of Shanghai in 2018.