Fang Yi opened the door and saw Ma Yi behind Huang Yuanchao at a glance, Ma Yi was a little embarrassed, with a smile on his face.

"It's a cold night, are you going to let the two of us wait outside for you for a picnic?" Huang Yuanchao shook the Moutai in his hand: "This is old wine, Ma Yi specially picked it." Sincerely! ”

Based on the relationship between Huang Yuanchao, Ma Yi and Fang Yi, if Huang Yuanchao and the two brought too many things to the door, it would alienate the relationship between the two parties.

The two bottles of Moutai wine are not only to show favor to Fang Yi, but also to re-enter the relationship between the two parties, this is Huang Yuanchao's decision after thinking about it, and Ma Yi paid for the wine.

"As I said, the dishes are ready, and I will wait for you to come. Fast into the house. Fang Yi enthusiastically let the two of them in.

Huang Yuanchao and Ma Yi have long been familiar with the Fang family, and the two have gone to Fang Yi's house to eat many times before, and they have also met Fang Youcai. After entering the house, after the two greeted Fang Youcai, they took off their down jackets and went to the restaurant.

"If you don't finish these two bottles of wine today, you won't be allowed to leave." Fang Yi beckoned Aunt Zhou to open the bottle and pour wine.

The three of them sat at the table and Ma Yi was a little embarrassed at first, but after two glasses of wine, the atmosphere became lively, and the three of them seemed to have returned to the previous time, pushing the glass and changing the lamp.

Fang Yi couldn't help but sigh in his heart, when he joined the Wankefa team, the best relationship was Huang Yuanchao and Ma Yi, known as the trio who did not miss work, and the relationship between the three was quite good. I don't know when Ma Yi's relationship with Fang Yi and Huang Yuanchao slowly became estranged.

The three of them recalled the past, talked and laughed, not only drank up the two bottles of Moutai, but also drank two bottles of Fenjiu from Fang Youcai. The three of them were drunk, and Ma Yi and the others stayed at Fang Yi's house that night.

……

The next day, when he was about to get off work, Yu Wendong walked into Fang Yi's office.

"Yuwen, sit here. I heard Lao Meng say, do you have something to look for me? Fang Yi sat at the tea table, brewing tea leaves without raising his head and asked.

When he came back from lunch at lunch, Meng Guangda told Fang Yi that Yu Wendong wanted to talk to him, Fang Yi chuckled in his heart, after a few months, Yu Wendong should get a lawyer's certificate, not to change jobs.

Under questioning, Meng Guangda told Fang Yi that it was not a matter of job hopping, but that Yu Wendong had a knot in his heart that he couldn't solve, and Meng Guangda suggested that Yu Wendong talk to him. Fang Yi was relieved at this time.

Yu Wendong agreed, and sat opposite Fang Yi, looking a little restrained.

Fang Yi poured him a cup of tea and handed it to him. He is very optimistic about Yu Wendong and thinks that he is a good seedling and is very suitable for being a lawyer.

"Lawyer Fang, I have something in my heart, I don't know whether to say it or not." Yu Wendong half-bowed his head, a little hesitant.

"Don't hold back what you have in your heart, it's easy to have problems after a long time." Fang Yi poured him a cup of tea, then picked up the teacup and smiled.

"When I was in school, the teacher said that the law was made for justice and fairness. When I was in graduate school, my supervisor told me that lawyers should uphold justice. We stand for fairness and justice.

But now I am getting more and more confused, the cases we have taken are all criminal cases, and I do not deny that some of the defendants have been wronged, or although they have done something wrong, it does not constitute a crime.

But most of the defendants deserve it. But we also have to defend them, trying to save them a few years in prison. It didn't seem like what we were learning in school, and my brain was a bit of a mess. Yu Wendong's face was melancholy.

"Do you feel that the ideal is a little different from the reality?" Fang Yi asked.

Yu Wendong nodded.

"Does your teacher have a lawyer's license? Can they handle the case? Fang Yi thought for a moment.

"I have a lawyer's certificate, I am a part-time lawyer, and I should handle cases every year, but I have teaching tasks, so there shouldn't be too many." Yu Wendong replied.

"Then every case they handle represents justice?" Fang Yi smiled.

Yu Wendong was stunned and shook his head: "I didn't think about this. ”

"In my experience, they can't stand for justice every time, they only represent interests." Fang Yi said seriously.

"This world is so magical, people who keep teaching you justice and fairness, in fact, most of what they think about is profit.

You don't have to blame them, you don't have to think about it, because stepping out of the ivory tower, there are interests everywhere, and that's how a lawyer works. It's just that everyone hides the truth in their hearts and doesn't tell you. Because it's not appropriate to say that in school. Fang Yi explained.

Yu Wendong looked at Fang Yi suspiciously, he felt that Boss Fang's words were a little inconsistent with his people.

"You don't have to look at me like that, I've taught at a university before, I've been a teacher, and I've been a part-time lawyer, so I feel like I have a say in this issue. It's normal to do things and say different things because of different identities.

Have you thought about it? As a prospective lawyer who is about to get a lawyer's license, what is your position in the future? Fang Yi smiled and asked.

"At first, I wanted to help those who needed help. But now in the face of life, I am a little lost. Yu Wendong said.

"Do you want to be famous and profiteous, and you still want justice in your heart? It's contradictory! In fact, 'chasing fame and fortune' is the pursuit of the vast majority of lawyers, at least 99% of lawyers, no matter how noble his mouth is.

Because this is the result of commercialization, the result of competition, you don't have to be embarrassed. So do I. "Fang Yi is telling the truth.

"What do you think should be the position of a lawyer?" Yu Wendong asked.

"I believe that lawyers are not the embodiment of justice, nor are they philanthropists, but they are to provide legal services through professional knowledge in order to maximize the interests of themselves and their clients! This is the essence of my job as a lawyer. Fang Yi leaned back in his chair and said.

"Does this benefit be maximized, including the most heinous defendants?" Yu Wendong asked.

"Of course! Even if he is a criminal who has committed the most heinous crimes, the lawyer must strive for the maximum benefit he deserves, so that he can squat in the prison clearly. Only in this way can we play the role of a lawyer and minimize unjust, false and wrongly decided cases.

Because not every accusation is infallible and correct. Not every judgment is so notarized. Fang Yi explained.

"But the common people don't think so, they don't understand our defense of the most heinous defendants, and even call us unscrupulous lawyers outside the court, and only accept money." Half a year ago, when Yu Wendong followed Meng Guangda to the trial, he heard the victim's family shout.

"It doesn't really matter what the people say, you can think of it as the cost of the rule of law running smoothly.

The legal system of the beautiful country is earlier than ours, and many of our laws are taken from us, but so far, the people of the beautiful country have gritted their teeth when it comes to lawyers, but when they encounter something, they still have to hire a lawyer, why is this?

Because lawyers are more professional and charge money to do things, they can help them solve things that they can't solve on their own. There is no such thing in this world that is both good and clever, and any industry has its imperfect side.

I had the same problem as you when I first started in the industry, but you sit down and think about it, is someone going to pay us? No, right.

We can only rely on ourselves, and there is no essential difference between us and small traders and hawkers. For the vast majority of lawyers, being a lawyer is a livelihood.

We all know that the doctor's duty is to save lives and help the wounded, but if you don't pay the fee, you can't see a doctor, and the people are dissatisfied, but they still have to tighten their belts to see a doctor, because people can solve your physical pain. No matter how much you scold on the Internet, can you change reality, it's impossible.

The principle is the same, lawyers need to be responsible for their own profits and losses, and they are scolded because the people don't understand us, and you can't make everyone understand you.

We can't guarantee that all lawyers have a conscience, as long as we have a conscience, we can do things with money, and we will set how much we charge, but don't provide legal services free of charge, because it is not allowed. Fang Yi comforted.

After hearing this, Yu Wendong kept nodding, yes, there is always a gap between reality and ideals, at this time, he seemed to have opened a window in his heart, and after the fresh air came in, he felt a lot less depressed in his heart.

After more than ten minutes, Yu Wendong was in a much better mood and left the office.

Fang Yi looked at his back and said in his heart: I hope what I just said will have an effect and untie his heart knot. It's not easy to be a team, and you have to solve the psychological problems of the team lawyers.

……

Two days before the New Year's Day holiday, Lu Wei's second-instance trial of the corruption case began.

"Next, the appellant Lu Weixian will read the appeal brief or state the grounds for appeal." After the judge finished reading out the first-instance verdict, the presiding judge looked at Lu Wei on the appellant's bench.

"I have no objection to the facts of the crime found in the first instance, but I have already returned all the money, and the court of first instance sentenced me to two years in prison, which is excessive. I asked the court to give me a suspended sentence. Lu Wei stated.

The suspended sentence was heard from Cao Yongzheng and Yun Qiao during the meeting, and it was said that if the suspended sentence was changed in the second trial, he would not have to go to prison, so he remembered it.

"Defense Counsel Publishes Grounds of Appeal." The presiding judge said.

"Presiding Judge and Judge: The defender thinks,...... The facts found in the first instance were accurate, but the characterization of the case was inaccurate, the defendant did not meet the requirements for the crime of embezzlement, and the defendant's conduct constituted the crime of fraud.

In view of the fact that the circumstances of the defendant's crime were minor and all the stolen money was returned, it was recommended that the defendant be sentenced to a suspended sentence. Complete. Cao Yongzheng issued a reason for appeal.

Before the trial, Cao Yongzheng and Yun Qiao had already communicated with Lu Wei and his daughter-in-law, even if the defender did not mention the fraud in this case, the judge was not a fool, there was no need to dodge, this is called retreat as advance.

Lu Wei understands that it is impossible to be acquitted of defrauding the state subsidy, rather than hiding it, it is better to tell the truth, try to get a suspended sentence, he doesn't want to squat in the detention center anymore, although it is said that the wind can't blow and the rain can't get wet, but the mental pressure is high, and he is not free! So he nodded and agreed to Yun Qiao and Cao Yongzheng's defense plan.

"Appellant Lu Wei, do you have any objection to the facts and charges found in the first-instance judgment?" The Inquisitor then asked.

"There is an objection that I am not a civil servant and does not constitute a crime of corruption, and the court sentenced me too harshly...... Lu Wei said.

"The prosecutor questioned the appellant about the facts ascertained in the first-instance judgment." The presiding judge said.

Because Lu Wei had no objection to the facts of the case, only to the sentencing and the charges, the procurator's questioning went very smoothly, and Lu Wei was consistent with what he said during the previous trial.

……

"The court investigation is over, and now the court argument is open. Before the debate, the court draws the attention of the prosecution and the defense to the fact that the debate should mainly focus on the determination of the charge, sentencing and other controversial issues.

The appellant is invited to take the floor. The presiding judge's face sank like water.

"I insist on my previous opinion, I do not constitute the crime of embezzlement, and ask the court to give me a lighter punishment in accordance with the law and change my sentence to a suspended sentence." Lu Wei's speech was very simple, not because he had a strong ability to summarize, but because he was nervous, he didn't know what to say, and he was afraid that if he said too much, he would lose if he said too much, so he could only pin all his hopes on the defender.

"The defender of the appellant Lu Wei spoke." The presiding judge said.

"Presiding Judge and Judge: The defender believes that the appellant Lu Wei does not have the qualifications to be the subject of the crime of corruption, and his act of applying for and advancing the subsidy funds for household appliances to the countryside is not an official act, and his act of falsely reporting and fraudulently receiving subsidies for household appliances going to the countryside constitutes the crime of fraud. The specific reasons are as follows:

The reason why the Criminal Law stipulates that 'persons entrusted by state organs, state-owned companies, enterprises, public institutions, and people's organizations to manage and operate state-owned property' can constitute the crime of embezzlement, because such entities themselves do not belong to the category of state functionaries.

However, in practice, such entities actually control, operate, or manage state-owned property, and it is necessary to include such entities in the scope of the crime of embezzlement out of special needs for the protection of state-owned property.

The Minutes of the National Symposium on the Trial of Economic Crime Cases by Courts issued in 2003 clarified the extension of 'entrusted management and operation of state-owned property', that is, 'the management and operation of state-owned property for the purpose of contracting, leasing, temporary employment, etc.'.

In other words, the entrustment provided for in the Criminal Law here refers to the agreement reached between the state-owned unit and the entrusted party on the management and operation of state-owned property, and the status of both parties is equal, which is essentially a kind of civil entrustment.

Although the trustee obtains a certain act of duty based on entrustment, that is, the management and operation of state-owned property for a certain period of time, this kind of management and operation is mainly a dynamic economic behavior centered on the preservation and appreciation of state-owned property.

In this case, there were many home appliance sales outlets that had signed contracts with the finance department, and at the beginning of the sale of household appliances, the amount of the household appliance subsidy was uncertain, and the finance department did not reach a civil entrustment with the store operated by the defendant for the income, expenditure, value preservation and appreciation of this special amount, and the management and expenditure of the household appliance subsidy was still an administrative function.

In summary, the defendant, as the person in charge of the household appliance distribution outlets, does not belong to the category of 'persons entrusted by state organs to manage and operate state-owned property'. The court was requested to revise the judgment of this case in accordance with the law, and it was completed. Cao Yongzheng expressed his defense opinions.

"It is now up to the Prosecutor to speak." The presiding judge looked at the prosecution bench.