沦陷后的天津律师 TIANJIN LAWYERS AFTER THE OCCUPATION
七七事变以后,日军随即向平津发起进攻,7月29日开始攻击天津守军,30日午后天津陷落。8月1日,在日军的操纵下,管理天津的临时机构伪天津市治安维持会成立。9月,伪天津高等法院和伪天津地方法院成立,由伪维持会直接领导,方若任伪“两院”院长。因日军进攻天津时,天津地方法院(位于今河北区三马路南端)建筑被毁,案卷及相关律师资料也荡然无存,因此伪法院设在日租界旭街利津公司内,后迁到河北西窑洼天津看守分所旧址内办公,直到1942年2月迁至南马路188号。
After the July 7 Incident of 1937, the Japanese attacked Pingjin immediately.On July 29, they began to attack the Tianjin defenders.Tianjin fell in the afternoon on the 30th.On August 1, under the control of the Japanese army, the Tianjin Municipal Public Order Maintenance Committee, a temporary organization that manages Tianjin, was established.In September, the puppet Tianjin High Court and the puppet Tianjin District Court were established, under the direct leadership of the puppet Maintenance Council, and Fang Ruo served as the puppet president of the“two organizations”.When the Japanese army attacked Tianjin, the building of the Tianjin District Court (located at the southern end of San Road, Hebei District)was destroyed, and the case file and relevant lawyer information were also gone.Therefore, the puppet court was set up in the Lijin Company in Asahi Street in the Japanese Concession and moved to West Hebei The office of Yaowa Tianjin Detention Branch was located on the old site until it moved to No.188 South Road in February 1942.
1937年12月14日,伪华北临时政府在北京成立,司法行政事务由伪法制部管理。次年1月,伪天津高等法院改为伪河北高等法院天津分院,伪天津地方法院名称不变;院长、推事、书记官等由伪法制部派遣。1940年3月30日,汪伪政府在南京成立,随即设立了伪华北政务委员会,管辖河北、山东、山西三省和北京、天津、青岛三个特别市。伪河北高等法院天津分院和伪天津地方法院同时隶属于伪华北政务委员会。同年5月,伪“两院”改由伪临时处理法务委员会领导,1943年11月又划归伪华北事务署。
On December 14, 1937, the puppet North China Provisional Government was established in Beijing, and judicial and administrative affairs were managed by the puppet Ministry of Legal Affairs.In January of the following year, the puppet Tianjin High Court was changed to the puppet Hebei High Court Tianjin Branch, and the name of the puppet Tianjin District Court remained unchanged; the president,judges, and clerks were dispatched by the puppet legal system.On March 30, 1940,the Wang Puppet Government was established in Nanjing, and then the puppet North China Government Affairs Committee was established to govern the three provinces of Hebei, Shandong, and Shanxi and the three special cities of Beijing, Tianjin, and Qingdao.The Tianjin Branch of the puppet Hebei High Court and the puppet Tianjin District Court are also affiliated to the puppet North China Political Affairs Committee.In May of the same year, the “two organizations” was replaced by the puppet temporary legal affairs committee, and in November 1943 it was placed under the puppet North China Affairs Office.
天津沦陷后,律师与其他行业一样进入了低潮期。他们或停止执业,另谋出路;或搬迁异地,辗转奔向后方;而留下来继续做律师的也不在少数,只是他们呈现出了不同于以往的特殊生存形态。
After the occupied of Tianjin, lawyers, like other industries, entered a low ebb.They may stop practicing and find another way out; or relocate to another place and rush to the rear; and there are not a few who stayed behind to continue to be lawyers, but they present a special living form different from the past.

1938 年2 月伪天津地方法院受理案件证明
Proof of case accepted by puppet Tianjin District Court in February 1938

1938 年伪天津地方法院具结书
Recognition of the puppet Tianjin District Court in 1938
一、英法租界的选择
1.Choice of Anglo-French Concession
天津沦陷之前,约有40%的律师活动在河北大经路(今中山路)的省(市)政府一带。陷落后,大部分律师进入了相对安全的英法租界。据《1941年天津律师公会会员录》统计,当时在英租界内设立事务所的律师有55人,是人数最多的区域,法租界则有31人。
Before occupied of Tianjin, about 40% of the lawyers' activities were in the province (city) area of Hebei Dajing Road (now Zhongshan Road).After the fall,most lawyers entered the relatively safe Anglo-French concession.According to statistics from the Members of the Tianjin Bar Association in 1941, there were 55 lawyers in the British Concession, which was the largest number of lawyers, while there were 31 in the French Concession.

1942 年伪天津地方法院移至南马路办公事
In 1942, the puppet Tianjin District Court moved to South Road for office
中国律师之所以选择英法租界,除了相对安全的生存环境外,还能找到更多的业务,有利于维持生计。这一时期,以房地产买卖为代表的非诉讼案件成了天津沦陷后租界内律师代理的一大主业。租界人口的激增和货币状况的不稳定使不少商人从事房地产投机,而代办律师就可从中获得大笔佣金。此外,成立大契,律师要收公证费;代买方登报声明置产,要收手续费;代理产权人向法院登记所有权,要按产值酌收代办费等。由此,许多律师都与会计师合作,在重要的地点开办联合事务所。比如李洪岳和王芝邨在今滨江道基泰大楼开办宗正联合事务所,徐维藩和宋翰云在今建设路寿德大楼开办中信法律联合事务所,张靖远与罗耀枢在中街(今解放北路)新华信托储蓄银行大楼开办信成法律会计联合事务所等。
The reason why Chinese lawyers choose the Anglo-French concession is that in addition to a relatively safe living environment, they can also find more business, which is conducive to their livelihood.In this period, non-litigation cases represented by real estate sales have become one of main business represented by lawyers in the concession after the fall of Tianjin.The rapid increase in the population of the concession and the instability of the currency situation have caused many businessmen to engage in real estate speculation, and the agent lawyers can obtain large commissions from them.In addition, for the establishment of a major contract, the lawyer must charge a notarization fee; the buyer will be required to charge a handling fee for the declaration of the purchase of the property on behalf of the buyer; when the property owner registers the ownership with the court, the agency fee must be charged according to the value of the output.As a result, many lawyers have worked with accountants to open joint firms in important locations.For example, Li Hongyue and Wang Zhicun opened Zongzheng Joint Office in Jitai Building on Binjiang Road, Xu Weifan and Song Hanyun opened CITIC Law Joint Office in Shoude Building on Jianshe Road, Zhang Jingyuan and Luo Yaoshu in Zhongjie (now Jiefang North Road) Xinhua Trust
Savings Bank The building opened Xincheng legal and accounting joint office, etc.
1941年12月7日太平洋战争爆发,第二天清晨,日本军队进入并接管了英租界,加之此前法国维希傀儡政府的成立,英法租界的优势也一去不复返了。
The Pacific War broke out on December 7, 1941.In the early morning of the next day, Japanese troops entered and took over the British concession.In addition to the establishment of the French Vichy puppet government, the advantages of the British and French concessions were gone.
二、律师的生存状态
2.The Living Condition of Lawyers
随着民族危机的加深,天津律师越发坚守民族底线,坚定民族气节,“凭借中央遗留之中国法律,保障并非自己沦陷之中国民权,以为明日之抗战”,虽不免“一经出头代理得胜,则代理律师或被殴打,或被敌宪兵逮捕,或被残杀”,却依然苦苦支撑,以尽匹夫之责。
With the deepening of the national crisis, Tianjin lawyers have increasingly adhered to the national bottom line and strengthened national integrity.Relying on the legacy of the Chinese law to protect the rights of the citizens who were not under their own occupation, they believed that Anti-Japanese War in the future would inevitably be victorious in the beginning, and the lawyers would be beaten,or arrested by the enemy's military police, or killed.Still struggling to support,in order to fulfill the responsibilities of ordinary people.

1938 年伪天津高等法院准予朱怀珍律师注册
In 1938, the puppet Tianjin High Court granted the registration of lawyer Zhu Huaizhen(https://www.daowen.com)
有的律师以身份为掩护,积极参加中国共产党领导的抗日斗争。比如胡毓枫律师经常与法商学校的进步青年共同参加中共地下党组织的各类活动,并以律师身份作掩护,到津北王庄、双口、渔坝口等地宣传抗日救亡,后不幸被害,年仅40岁。
Some lawyers actively participated in the anti-Japanese struggle led by the Communist Party of China under the cover of identity.For example, lawyer Hu Yufeng often participates in various activities organized by the CCP’s underground party with progressive youths from the School of Law and Business, and as a lawyer, he travels to Wangzhuang, Shuangkou, Yubakou and other places in Jinbei to promote anti-Japanese and national salvation, and was later killed in only 40 years old.
另有一些律师同样利用自己的合法身份支持抗日活动。比如大律师张务滋将不愿在敌伪学校教书的教师聘用到燕达学校,并在教学过程中抵制奴化教育,宣传抗日书籍,并积极介绍青年学生到大后方继续深造。张务滋的爱国行为引起了日寇的怀疑,日伪文教部甚至将其传讯批捕。大律师张士骏同样借助其身份,出资护送学生、技术人才及其家属800余户转移至大后方,并掩护中华民族解放先锋队(简称“民先”)成员到其家中避难。
Other lawyers also used their legal status to support anti-Japanese activities.For example, Zhang Wuzi, founded Yanda School in order to solve the work problem of teachers who are unwilling to teach in schools of the enemy.During the teaching process, he resisted enslavement education, promoted anti-Japanese books, and actively introduced young students to the rear of the university to continue their studies.Zhang Wuzi's patriotic behavior aroused the suspicion of the Japanese invaders, and the puppet Ministry of Education and Culture even sent him for interrogation.Barrister Zhang Shijun also used his identity to escort more than 800 students, technical talents and their family members to the rear, and protected members of the Chinese National Liberation Vanguard (“Minxian”) to take refuge in his home.
大部分律师还是采取了一种在其职业及能力范围之内,积极维护当事人权益的做法,并在很大程度上起到了为天津百姓伸张正义的作用。处理经济问题、解决经济纠纷是这一时期律师的主要工作。比如金银首饰同业公会会员同义金店为避免因停业而造成债权等方面的纠纷,就聘请了张恩寿律师代理该号出兑以及承兑人续租等方面的法律事务。
Most lawyers still adopted a practice of actively safeguarding the rights and interests of the parties within the scope of their profession and ability, and to a large extent played a role in upholding justice for the people of Tianjin.Dealing with economic problems and resolving economic disputes are the main tasks of lawyers in this period.For example, Tongyi Gold Store, a member of the Gold and Silver Jewelry Trade Association, hired lawyer Zhang Enshou to represent the bank’s cashier and the acceptor’s lease renewal in order to avoid disputes over creditor’s rights due to the suspension of business.
当然也有一些律师,“自堕其人格,看了人家的‘眼前富贵’,就生羡慕之心,半途失节”。还有一些“黑律师”,拉案子不问事件大小,给钱就干,办起事来不问青红皂白,有缝就钻,通过制造假证、串通威胁等手段榨取委托人的钱财。

1943 年天津民事司法状纸
Tianjin civil judicial pleadings in 1943
Of course, there are some lawyers who “degenerate themselves into their own personalities, and when they see others' ‘prosperity in front of them’, they are envied and lost in the middle.” There are also some “fake lawyers” who do not ask about the size of the incident, and do what they pay for.When they do things, they don't ask for anything, but drill if there are gaps.They squeeze the client's money through creating names, creating false certificates, and colluding.
三、沦陷时期的天津律师公会
3.Tianjin Bar Association in the Occupied Period
天津沦陷后,日寇占领了天津律师公会位于黄纬路诚安里27号的会址,公会只能暂时转移到诚安里4号办公,之后又被日本商会占用,公会活动也不得已陷入低潮。虽然此时大部分律师因日军封锁而无法正常参加公会活动,但公会的主要成员,如会长和各评议员,仍然可以借助租界的庇护,与日伪政府周旋,以维持会务。
After the fall of Tianjin, the Japanese invaders occupied the meeting site of the Tianjin Bar Association in Cheng'an Lane, Huangwei Road.The association could only temporarily move to No.4 Cheng'an Lane, and was later occupied by the Japanese Chamber of Commerce.The activities of the Association also had to fall into a low ebb.Although most of the lawyers were unable to participate in the activities of the guild due to the Japanese military blockade, the main members of the guild,such as the chairman and members of the council, could still use the shelter of the concessions to deal with the puppet governments to maintain the affairs of the meeting.
1940年10月1日,天津律师公会向伪河北天津地方法院呈报了1940年9月22日天津律师公会会员大会改选的职员名单,其中会长李洪岳,副会长田淇清、朱道孔,评议员朱德武、耿运枢、王庭兰、胡学骞、李维祺、白鋆、夏彦邦、冯景旺、李兆庚,干事邢忠烈、刘玉峰、薛万选等。

天津律师公会致伪天津地方法院检察处呈报
Report from the Tianjin Bar Association to the Procuratorate Department of the puppet Tianjin District Court

1938 年伪河北天津地方法院公布司法考试条例事
In 1938, the puppet Hebei Tianjin District Court announced the judicial examination regulations
On October 1, 1940, the Tianjin Bar Association submitted to the puppet Hebei Tianjin District Court the list of staff re-elected at the Member's General Assembly of the Tianjin Bar Association on September 22, 1940.Among them, chairman Li Hongyue, vice chairmen Tian Qiqing and Zhu Dakong, comment Members Zhu Dewu, Geng Yunshu, Wang Tinglan, Hu Xueqian, Li Weiqi, Bai Yun, Xia Yanbang, Feng Jingwang, Li Zhaogeng, and officers Xing Zhonglie, Liu Yufeng, Xue Wanxuan, etc.
从1937年下半年开始,日寇加强了对华北的法西斯统治,并以“自首”和策动告密的方式瓦解华北的抗日力量,同时在天津实行“清乡”。于是,一些投机求荣之人,“向日本军事机关投函诬陷者尤夥,人人谈虎色变,咸具戒心”。面对这样的局面,天津律师公会于1938年2月18日从法律的角度拟订了三项办法,向伪天津地方法院请愿。三项办法包括:匿名告发函件概置之不理;具名告发者,先传讯告发人,倘无其人,即以匿名信视之,若有其人,令其具结负诬告责任,再传集原被双方,于短期内送交法院,依法核办;如告发现行犯,扭送宪兵或特务机关者,即将原被双方暂行扣留,于短期内送交法院核办。经过律师公会的多方奔走,该办法终于得到了伪地方法院和日本军部的批准。

1944 年天津律师公会所有权转移事
The transfer of ownership of Tianjin Bar Association in 1944
Beginning in the second half of 1937, the Japanese invaders strengthened their fascist rule over North China, and used the methods of “surrendering” and instigating whistleblowers to dismantle the anti-Japanese forces in North China, and at the same time implemented “clearing the countryside” in Tianjin.As a result,some speculative people, “a lot of people write letters to Japanese military agencies to flatter, everyone talks about it, and they are very wary”.Faced with such a situation, the Tianjin Bar Association drafted three measures from a legal perspective on February 18, 1938, and petitioned the puppet Tianjin District Court.The three methods include: Disregarding the anonymous notification letter.If the name is reported, the informant shall be summoned first.If there is no one, the informant shall be regarded as anonymous.It shall be sent to the court within a short period of time for verification in accordance with the law.If the accused is found to have committed a crime and sent to the gendarmerie or the secret service,it will be temporarily detained by both parties and shall be sent to the court for verification in a short period of time.After a lot of efforts by the Bar Association, the method was finally approved by the puppet District Court and the Japanese Military Ministry.
为协助日寇筹划“大东亚圣战”的资金,日伪政府在天津实行经济统制以实现日本以战养战的目的。他们责令市营自来水管理处修改水价,将普通用水由每千加仑1.2元增为2.9元,责令天津交通股份有限公司将车票价格由每一路线0.5元改为2元,由此民众的生活负担日益沉重。面对这样的变故,律师公会出于保障会员生活的目的提出“(律师)收取公费最高额之限制现已不适用,且官吏薪金以及其他有给职之报酬均随经济状态屡有增加,倘律师公费仍按多年以前之限制而不予变通,实不免相形见绌”。随后,律师公会出面与伪河北高等法院检察处协商,最终达成了“以公费之最高额暂行增加一倍,待经济状况恢复常态即行取消”的意见。
In order to assist the Japanese invaders in planning the funds for the “Greater East Asian Holy War”, the puppet government exercised economic control in Tianjin to achieve the purpose of Japan's war with war.They ordered the municipal puppettap water management office to modify the water price, increasing ordinary water from 1.2 yuan per thousand gallons to 2.9 yuan, and ordered the puppet Tianjin Communications Co., Ltd.to change the ticket price from 0.5 yuan per route to 2 yuan.The burden of life is getting heavier.In the face of such a change, the Bar Association has proposed that “the maximum amount of public expense (charged by the lawyers) is no longer applicable for the purpose of protecting the lives of its members, and the salaries of officials and other rewards for employment have increased with the economic status.Attorneys' public expenses are still inconsistent with the restrictions that existed many years ago, which inevitably pales in comparison”.Subsequently, the Bar Association came forward to negotiate with the Prosecutor's Office of the puppet Hebei High Court, and finally reached an opinion that “the maximum amount of public expense will be temporarily doubled, and it will be cancelled when the economic situation returns to normal”.