If the law firms and lawyers who are not on the list must have poor professional standards, not necessarily, it can only be said that some people are willing to make the list, and some people are unwilling, or they are not qualified to make the list, this thing is like the rich list, vanity and increasing popularity are the main reasons for lawyers and law firms to participate in the election.

It is said that this ranking was made by a group of non-legal people, and the online voting was open to the public, and the criteria for judging were the popularity of lawyers and law firms, professional ability, influential cases handled in the year, and complaints received, etc. The main purpose is to make it easier for people to choose a lawyer to avoid being deceived.

Do you want to know where you and Lao Meng are ranked? Wan Kefa looked at Fang Yi mysteriously.

"Did you make the list?" Fang Yi didn't answer, but asked rhetorically.

"I haven't handled cases for many years, how can there be me! What do you mean? Wan Kefa blinked, not understanding why Fang Yi asked.

"It's very simple, if you are on the list, it means that this list is not credible, and there is a suspicion of spending money to buy rankings, since there is no you, I believe half of this ranking." Fang Yi said with a smile.

Fang Yi said a word, and rolled his eyes: "You kid wait, I will be able to raise my fame and rush into the top three immediately after handling a few cases." ”

"You haven't said it yet, how many are I and Lao Meng?" Fang Yi asked curiously.

"The list is updated quarterly. Because it is an online vote, many people still recognize the ranking of the leaderboard.

You are currently ranked fifth in the criminal field. Lao Meng is ranked low, in the thirty-second place, I am talking about the criminal field, not the whole field.

Last year, your highest ranking was 3rd because you handled more high-profile cases last year. This year is a little worse. Wan Kefa laughed.

"What is Ma Yi's ranking?" Fang Yi asked curiously.

"The competition in the field of marriage and family is fierce, and Ma Yi is only ranked 21st. There is no way, there have been several nouveau riche divorce cases this year, and Ma Yi didn't catch it, so the ranking fell.

It's a pity that these rankings are all in our province, not the country. Wan Kefa lamented.

"It's kind of interesting, there are up and down, like a song chart. If you have time, let Yun Qiao pay attention. Fang Yi touched his chin and said.

"By the way, it's the end of August, how's the move?" Fang Yi asked suddenly.

"Almost, Boss Wu has already negotiated with Lawyer Zou, and it is said that Lawyer Zou has found a good place and is moving in the past few days.

I'll look for a designer in a few days, I'll go over there, and I'm going to readjust the layout. "Wan Kefa is not in a hurry or slow.

Fang Yi returned home, and after eating, he sat alone in the study and drank tea, pondering the words of Wan Kefa, can it really be achieved by taking the path of cultivating star lawyers? What should I do if I run away after cultivating?

Thinking about it, Fang Yixiang's brain hurts, at this time he remembered Yunmei, it would be nice if Yunmei was here, although Yunmei doesn't understand the law, but she has extraordinary business acumen, and she sees things more clearly than herself.

……

When he was about to get off work in the afternoon, Fang Yi was not in a hurry to go back, he was checking the ranking website that Wan Kefa said, at half past eight this evening, Yunmei and Fang Anzhi came back, he was going to pick up the station, the two had been abroad for a week, and school would start in two days.

Dang, dang, dang, there was a knock on the door, Fang Yi looked up at the door, the little fat man Cao Yongzheng was standing at the door, holding a brown paper bag in his hand, which should be a case file.

"Lawyer Cao, is there something wrong?" Fang Yi smiled and looked at the door. He had a good impression of the little fat man.

Cao Yongzheng walked over, looking a little nervous: "Lawyer Fang, is it convenient for you?" I would like to delay you for a few minutes. ”

"Convenient, what's the matter?" Fang Yi leaned back in his chair.

"On Monday, Lawyer Xie assigned me a case, which was a corruption case. The corruption case is an identity crime, and I am a little unsure whether the defendant is a qualified subject for the crime of corruption, so I would like to ask you. Cao Yongzheng came to the front and said.

Fang Yi saw that it was still early, and motioned for him to sit down and chat: "You tell me about the situation." ”

"This is case file. I have been to see the defendant, and I have also gone to the procuratorate to read the file. The specific facts of the case are as follows...... "After Cao Yongzheng handed the case file materials to Fang Yi, he told the whole story of the case.

In Cao Yongzheng's case, the defendant was named Yu Lidong, who was appointed by the higher authorities in October 1999 as the director of a boiler factory in the county.

In May 2002, with the approval of the competent authority at a higher level, the boiler plant underwent enterprise restructuring, and Yu Lidong was the leader of the leading group for the enterprise restructuring of the boiler plant.

Half a year later, with the approval of the higher-level authorities, the boiler factory transferred a piece of land with an area of 68 mu in the county to a real estate development company named Changhong in the city for 15.4 million yuan, and signed the "Agreement on the Transfer of Land Use Rights."

Subsequently, Changhong Real Estate Company transferred the rights and obligations determined in the Land Use Right Transfer Agreement to Wansheng Company.

In the process of enterprise restructuring, the boiler factory requires all employees to buy out the seniority, but the existing funds of the boiler factory are not enough to pay the compensation for the buyout of the seniority of the workers, and there is a gap in the funds.

To tell the truth, Wansheng Company was reluctant to pay this money, but considering the huge profits of real estate development, Wansheng Company finally paid 1.2 million yuan to the boiler factory as required.

For this reason, Guan Keyu, chairman of Wansheng Company, was very dissatisfied, but considering that the demolition work that began soon had to rely on Yu Lidong's contribution, he found Yu Lidong and told him: As long as the later demolition work is done well and the demolition is completed quickly, Wansheng Company will not treat Lidong badly.

Five months later, the demolition of the boiler factory was completed, and Yu Lidong, through the assistant to the chairman of Wansheng Company, asked Guan Keyu to fulfill his previous promise, and Guan Keyu gave Yu Lidong 100,000 yuan in cash to thank Yu Lidong for his work during the demolition.

After that, Yu Lidong received a bank cash check of 10,000 yuan in the name of travel expenses at Wansheng Company. Shortly thereafter, the boiler factory reported to the higher authorities, demanding that Lian Yongning, the leader of the demolition team, be paid a reward of 10,000 yuan.

Yu Lidong received a cash check of 10,000 yuan in the name of land requisition money in Wansheng Company, and then paid the money to Lian Yongning, who felt that this matter was inappropriate and did not dare to ask for it, and persuaded Yu Lidong not to take this kind of money.

A few months later, Yu Lidong felt that Lian Yongning was right, and the two sums of money he took were recorded in Wansheng Company, so he took 20,000 yuan in cash and handed it over to the accountant of Wansheng Company to offset the money he received before.

Three years ago, someone reported to the relevant authorities that Yu Lidong had embezzled in the process of restructuring the boiler factory, and then Yu Lidong was asked to cooperate with the investigation, and then he was placed in custody, after which the case was transferred to the procuratorate.

After Yu Lidong was detained, he was stunned all at once, and he didn't know what materials the procuratorial organs had in possession, so he took the initiative to explain the fact that he had asked Guan Keyu for 100,000 yuan in cash when the procuratorial organs only had clues about his bribery of 20,000 yuan. After that, Yu Lidong returned all the stolen money to the procuratorate.

In addition, according to the evidence on record, the boiler factory is a state-owned enterprise, which was established on March 1, 1992, and at the end of 2002, the boiler factory went bankrupt and underwent enterprise restructuring, and its business license was revoked in September 2007.

After the defendant Yu Lidong became the director of the boiler factory, his status as the director of the boiler factory has not been exempted from the documents issued by the superior department. Half a year after the completion of the restructuring of the boiler factory, he was appointed by the higher authorities as the director of the county cement plant, responsible for the restructuring of the cement plant.

The boiler factory was restructured through the overall transfer of land, and in this process, Yu Lidong has been serving as the leader of the leading group for enterprise restructuring and a member of the demolition team.

In May 2003, Yu Lidong signed an agreement with the Boiler Factory to terminate the employment relationship.

When Yu Lidong demanded money from Wansheng Company, he had already terminated his labor contract with the boiler factory and was no longer the director of the boiler factory.

I think it is doubtful that Yu Lidong has terminated his labor relationship and no longer holds a position in the boiler factory, which constitutes the crime of embezzlement. Cao Yongzheng looked at Fang Yi after speaking.

"After the termination of the labor relationship, did the defendant Yu Lidong still serve as the leader of the leading group for enterprise restructuring?" Fang Yi asked while flipping through the case file materials.

"Yes, he served as the team leader until the end of the boiler plant restructuring." Cao Yongzheng nodded.

"What do you think?" Fang Yi looked up at him.

"I would like to plead the defendant not guilty on the grounds that:

The boiler plant made a decision to terminate the labor relationship with all 212 registered employees of the plant, including Yu Lidong.

Yu Lidong signed the Agreement on Economic Compensation for the Restructuring of State-owned Enterprises, Termination (Termination) of Labor Contracts (Labor Relations) with the Boiler Factory. In May of the same year, Yu Lidong registered as an unemployed person at the county's unemployment management office.

Subsequently, Yu Lidong's personnel files were transferred to the labor market for escrow, and the social pension insurance was paid by the individual. At this time, he was completely disconnected from the state-owned enterprises, and no longer had the status of a state functionary, and he coordinated the demolition of the boiler factory by Guan Keyu, chairman of Wansheng Company, and then he asked the chairman of Wansheng Company for 100,000 yuan, which I think should be recognized as the remuneration obtained for the demolition work, which is a civil act. Cao Yongzheng was a little apprehensive in his heart, this was the first time he had asked Fang Yi to discuss the case.

Fang Yi leaned back in his chair and rubbed his temples: "I remember that in the late 90s of the 20th century, there was a fierce debate about the 'identity theory' and the 'duty theory' about the identification of state workers.

However, after the revision of the Criminal Law in 1997, the mainstream view in both theoretical and practical circles was that the 'duty theory' should be adopted in the identification of state functionaries.

It cannot be determined simply by the defendant's 'identity', but should be judged based on whether the defendant is engaged in official business......" Fang Yi stopped halfway through his words, looked at the little fat man Cao Yongzheng, and stopped talking.

After listening to Fang Yi's words, Cao Yongzheng thought thoughtfully: "In other words, whether the defendant is a state functionary does not depend on whether or not he terminates the labor relationship with the boiler factory, but on whether he is still engaged in the official business of supervising and managing state-owned assets in the boiler factory. ”

"That's right! This is the prevailing view of the judiciary. You move on. Fang Yi was quite satisfied with Cao Yongzheng's reaction, at least it showed that the little fat man in front of him was not an elm pimple, but the knowledge system was a little old and needed to be updated.

"In other words, during the restructuring of the boiler factory, the defendant Yu Lidong, as the leader of the leading group for the restructuring, was still the de facto 'number one' of the boiler factory and was responsible for the supervision and management of the state-owned assets of the boiler factory.

Although Yu Lidong signed an agreement with the boiler factory to terminate labor relations and registered as unemployed, he is not an ordinary worker, he is still performing the duties of the factory director, he is still the leader of the restructuring leading group, he is actually responsible for managing all the affairs of the boiler factory, and he still has the responsibility of supervising and managing state-owned assets, and he should be recognized as a state functionary.

In the evidence in the case, Yu Lidong's confession and witness testimony both mentioned that Yu Lidong provided professional assistance to Wansheng Company during the land transfer process of the boiler factory.

In addition, although the land use right belongs to Wansheng Company, the relocation and resettlement of workers in the boiler factory is the work of the leading group for the restructuring of the boiler factory.

That's it! It's all smooth! Cao Yongzheng's small eyes emitted a light of joy.

He had been scratching his head before because the identity of the defendant in this case had not been determined, but now that the identity issue has been solved, the rest of the matter will naturally be smoothed out.

"Don't worry, the defendant has committed the crime of embezzlement, so where is the work of our lawyers? You can't always speak at the beginning of the court and say: What the prosecutor said is right, we don't have any opinion! Fang Yi looked at him with a smile.

"No, I think there is still a defense point in this case." Cao Yongzheng scratched his head slightly embarrassed.

"Oh? Tell me about it. Fang Yi felt that the little fat man in front of him was quite interesting.

"At the time of the incident, the procuratorate only had the information that Yu Lidong had obtained a cash check for 10,000 yuan for travel expenses and a cash check for 10,000 yuan for demolition compensation from Wansheng Company.

But later, Yu Lidong returned the two sums of money to Wansheng Company. Therefore, I believe that the fact that the procuratorate accused Yu Lidong of accepting bribes of 20,000 yuan from Wansheng Company is not supported by sufficient evidence and cannot be established.

After the case was discovered, the defendant Yu Lidong took the initiative to confess the facts of his crime of asking Guan Keyu, chairman of Wansheng Company, for 100,000 yuan in cash.

According to article 1 of the "Opinions of the Supreme People's Court and Supreme People's Procuratorate on Several Issues Concerning the Determination of Sentencing Circumstances such as Voluntary Surrender and Meritorious Service in Handling Cases of Crimes Abusing Public Office": Where there is no voluntary surrender, but in any of the following circumstances, voluntary surrender is to be considered...... (2) The facts of the crime targeted by the clues held by the case-handling organs are not established, and the criminals confess the same crime outside the scope of ......"

Therefore, Yu Lidong took the initiative to confess the facts of his crime of soliciting 100,000 yuan in cash from the chairman of Wansheng Company, which should be regarded as the first theory.

If it weren't for Yu Lidong's request for 100,000 yuan from the chairman of Wansheng Company, I would have prepared to defend the defendant Yu Lidong's innocence, but with this 100,000 yuan, I could only defend the crime lightly. However, there are ...... circumstances of voluntary surrender, and I would like to obtain a suspended sentence for the defendant. Cao Yongzheng's small eyes were full of confidence.

"Well, the case is decided, tell me." Fang Yi nodded with satisfaction, he felt that this little fat man was very spiritual, and he belonged to the kind of people who appreciated and ate food by the ancestors, and could be cultivated.

Fang Yi looked up and saw that the sky outside the window was already dark, and hurriedly glanced at his watch: "I have to go to the train station to pick up people, I won't talk to you." With that, he picked up his bag and walked out quickly.

Cao Yongzheng agreed, looked at his watch, and it was almost eight o'clock. He didn't expect to talk for so long. (End of chapter)