20世纪50年代的律师代表

20世纪50年代的律师 代表

REPRESENTATIVES OF LAWYERS IN THE 1950S

根据天津市律师协会第一届会长郑振亚和20世纪50年代执业的老律师兰英、陈丽的回忆,天津市第一法律顾问处设在新华路,主任是秦继修、王良善;第二法律顾问处在北马路,主任是刘生;第三法律顾问处在解放南路原北京电影院附近,主任是傅金英。当时律师的来源有三条渠道,一是从各级法院抽调,如刘泗兴(后调任红桥区法律顾问处)、李金生、兰英;二是从政法院校的教师或毕业生中分配或调入,如刘维贤、周奕文是从中国人民大学调来支援律师队伍的;三是司法局干部。三个法律顾问处约有律师、行政人员70人。兰英律师还捐献了一张珍贵的20世纪50年代律师与法官的合影,除上述律师外,还有侯新峰(后调任河北区法律顾问处)、路之岐、武宝锐、边文萍、魏国城、邱喜爱、黄惠莲、李煌、王士贤、刘怀亮、王力成、林中、左克、徐吾林、王鸣鸾、宋杰岑、蔡允正、郑萱、牟振邦、刘国佐、姚国成、傅国义、杨文渊、韩瀛、鞠炳阳、张同信、徐汤华、邵恺……当时的社会还不太重视律师,人们大多收入低,没有能力聘请律师;经济能力差的遇到法律问题,由居委会开出证明,不用花钱就可以聘请律师;一般咨询仅收5角钱,代书答辩状、上诉状收1元钱,复杂一些的代理可以收1.5元。

According to the memories of the old president Zheng Zhenya and the old lawyers Lan Ying and Chen Li who worked in the 1950s, the First Legal Counsel Office was located on Xinhua Road, and the directors were Qin Jixiu and Wang Liangshan; the Second Legal Counsel was located on North Road, and the director was Liu Sheng; the Third Legal Counsel was located near the original Beijing Cinema on Jiefang South Road, and the director was Fu Jinying. At that time, the sources of lawyers were three channels. One was from the courts at all levels, such as Liu Sixing (later transferred to the Hongqiao District Legal Counsel Office), Li Jinsheng, and Lan Ying. The other was from the teachers or graduates of political and law colleges. For example, lawyers Liu Weixian and Zhou Yiwen were transferred from the faculty of Renmin University of China to support the lawyers. The third is the cadres of the Judicial Bureau. There are about 70 lawyers and administrative staff in the three legal counsel offices. Attorney Lan Ying also donated a precious photo of the lawyer and the judge in the 1950s. In addition to the above, there are Hou Xinfeng (later transferred to the Legal Counsel Office of Hebei District), Lu Zhiqi, Wu Baorui, Bian Wenping, Wei Guocheng, Qiu Xiai, Huang Huilian, Li Huang, Wang Shixian, Liu Huailiang, Wang Licheng, Lin Zhong, Zuo Ke, Xu Wulin, Wang Mingluan, Song Jiecen, Cai Yunzheng, Zheng Xuan, Mou Zhenbang, Liu Guozuo, Yao Guocheng, Fu Guoyi, Yang Wenyuan, Han Ying, Ju Bingyang, Zhang Tongxin, Xu Tanghua, Shao Kai… At that time, the society did not pay much attention to lawyers. Most people had low incomes and were unable to hire lawyers. Those with poor financial ability encountered legal problems. The residents committee could issue a certificate and they could hire lawyers without spending money. General consultations only charge 50 cents, and 1 yuan for replies and appeals; more complicated agents can charge 1.5 yuan.

1955年4月26日,经天津市人民委员会批准,天津市司法局在天津市高级人民法院司法行政处的基础上成立了,负责管理全市的司法行政工作。局内设一室四科,即办公室和一、二、三、四科,编制为55人。王赣愚任局长,李曼任副局长,办公地点在二区(今南开区)南马路182号。5月27日,市司法局迁至十区(今和平区)睦南道150号新址办公。

On April 26, 1955,with the approval of the Tianjin Municipal People's Committee, the Tianjin Municipal Bureau of Justice was established on the basis of the Judicial Administration Division of the Municipal Higher People's Court, which is responsible for the administration of the city's judicial administration. The bureau has one office and four departments, namely: Office, One, Two, Three, and Four subjects, with an establishment of 55 people. Wang Ganyu was the director and Li Man was the deputy director. The office was located at No. 182, South Road, Second District (now Nankai District). On May 27, the Municipal Judicial Bureau moved to a new office at No. 150 Munan Road, District X (now Heping District).

5月31日,天津市人民委员会批准了天津市司法局拟定的《关于建立天津市律师协会筹备委员会增设法律顾问处的请示报告》,指出:“同意报告。人员共为80人,其中律师协会筹备委员会的专职人员为8人,法律顾问处的人员为72人。”6月6日,市司法局批准宋杰岑、牟振邦、尤秀民三人为律师。

On May 31, the Municipal People's Committee approved the Request for Instructions on Establishing the Preparatory Committee of the Tianjin Lawyers Association and the Establishment of a Legal Counsel Office drafted by the Municipal Bureau of Justice, stating, “Agree to the report, with a total of 80 personnel. Among them, there are 8 full-time staff in the preparatory committee of the Lawyers Association, and 72 staff in the legal counsel office.” On June 6, the Municipal Judicial Bureau approved Song Jiecen, Mou Zhenbang, and You Xiumin as lawyers.

1956年1月5日,天津市人民委员会批复天津市司法局制定的《天津市律师收费暂行办法》。批复指出:“准予试行。不在报纸上公布,可张贴在法律顾问处,供当事人阅览。”1月8日,市司法局批准天津市法律顾问处自1956年1月9日开始试收费。10月25日,天津市法律顾问处分处成立,编制17人,副主任刘生,位于城厢区(今红桥区)北马路220号。1957年3月30日,市司法局批准蔡允正、刘怀亮、武宝锐等20人为律师,批准郑萱、兰英、王鸣鸾等10人为学习律师。

On January 5, 1956, the Municipal People's Committee approved the Interim Measures for Lawyers' Fees formulated by the Municipal Bureau of Justice. The reply stated, “Trial is permitted. It will not be published in newspapers, but can be posted in the legal counsel office for the parties to read.” On January 8, the Municipal Judicial Bureau approved the Municipal Legal Counsel Office to start trial fees on January 9, 1956. On October 25, Tianjin Legal Counsel Office Branch was established. The establishment of 17 people. Deputy Director was Liu Sheng. The address was located at No. 220, North Road, Chengxiang District (now Hongqiao District). On March 30, 1957, the Municipal Bureau of Justice approved 20 people including Cai Yunzheng, Liu Huailiang, and Wu Baorui as lawyers; and approved 10 people including Zheng Xuan, Lan Ying, and Wang Mingluan as study lawyers.

6月22日,天津市律师协会筹备委员会召开成立大会。秦继修任主任委员,张省三任副主任委员,潘长有、朱其华、王良善、刘生、傅金英、蔡允正、李金生、黄惠莲任委员;办公地址在和平区哈尔滨道益友坊6号,同年10月29日迁到了睦南道43号。大会同时决定,将天津市法律顾问处及其分处改称天津市第一、第二法律顾问处;一处主任王良善,二处主任刘生。6月24日,天津市第三法律顾问处成立,编制为13人,主任傅金英,办公地址在河西区解放南路289号。

On June 22, the Preparatory Committee of Tianjin Lawyers Association held an inaugural meeting. Qin Jixiu was the chairman and Zhang Xingsan was the vice chairman. Pan Changyou, Zhu Qihua, Wang Liangshan, Liu Sheng, Fu Jinying, Cai Yunzheng, Li Jinsheng and Huang Huilian served as committee members. Office address: No. 6, Yiyoufang, Harbin Road, Heping District; moved to No. 43, Munan Road on October 29 of the same year. At the same time, the conference decided to rename the Tianjin Legal Counsel Office and its branch offices to Tianjin First and Second Legal Counsel Offices. Wang Liangshan was the director of the first division; Liu Sheng was the director of the second division. On June 24, the Third Legal Counsel Office of Tianjin was established. The establishment was 13 people. Deputy Director: Fu Jinying. The office address was located at No. 289, Jiefang South Road, Hexi District.

9月17日,天津市委政法工作部批准天津市律师协会筹备委员会成立分党组,由秦继修、王良善、刘生三位同志组成,秦继修任书记。12月6日,天津市高级、中级人民法院,天津市司法局联合发出通知,根据“精简机构、紧缩编制”的精神,天津市高级、中级人民法院,天津市司法局决定于1957年12月5日合并办公。市司法局原有处室与高级人民法院督导研究室、中级人民法院人事科合并,改设宣传教育、审判监督、人事三个部门(名称尚未正式确定),高级、中级人民法院,市司法局统一设办公室。市司法局的干部除并入上述三个部门外,部分调至高级人民法院审判庭、律师协会筹委会和区法院。此后,天津市司法局系统整风“反右”运动转入反“右派”斗争阶段。斗争结束时,各法律顾问处被错划为“右派分子”的共15人,占70名律师工作人员的21%。其中有4人被判刑,投入劳改。

On September 17, the Political and Legal Work Department of the Municipal Party Committee approved the establishment of a sub-party group by the Tianjin Lawyers Association Preparatory Committee. Composed of Qin Jixiu, Wang Liangshan, and Liu Sheng, Qin Jixiu was the secretary. On December 6, the Municipal High and Intermediate People's Court and the Municipal Bureau of Justice jointly issued a notice. The notice pointed out that, in accordance with the spirit of “simplifying the organization and tightening the staffing”, the Municipal High and Intermediate People's Court and the Municipal Bureau of Jastice decided to merge on December 5, 1957. The original division of the Municipal Bureau of Justice, the Supervision and Research Office of the Municipal Higher People's Court, and the Personnel Section of the Intermediate People's Court were merged to form three departments: Publicity and Education, Trial Supervision, and Personnel (the names have not yet been officially determined). The high and intermediate people's courts and the Bureau of Justice have unified establishment offices. In addition to the cadres of the Judicial Bureau merged into the above three units, some are transferred to the Trial Chamber of the Higher People's Court, the Preparatory Committee of the Lawyers Association, and the District Court. Since then, the rectification and “anti-rightist” movement of the Municipal Bureau of Justice has turned into the “anti-rightist” struggle stage. At the end of this struggle, 15 people in the legal counsel offices were mistakenly classified as “rightists”, accounting for 21% of the 70 lawyers. Four of them were sentenced to labor reform.

1958年11月,天津市律师协会筹备委员会和三个法律顾问处合并到天津市高级人民法院,撤销了机构,调离了人员,仅有三名审判人员以兼职律师的名义办理一些典型案件,基本停办了律师业务。

In January 1958, Tianjin Lawyers Association Preparatory Committee and the three legal counsel offices were merged into the Municipal Higher People's Court. The organization was abolished and the staff was transferred. Only three judges handled some typical cases in the name of part-time lawyers, the lawyer business was basically closed.(https://www.daowen.com)

20世纪50年代的律师制度虽然建立两年就停止了,但老律师们留下的一些宝贵经验也的确在1979年恢复律师制度后发挥了“传、帮、带”的作用。1989年6月1日,武宝锐律师经过考核,再次获得了司法部颁发的中华人民共和国律师资格证书。这是1979年恢复律师制度后,经过考核颁发的第一批律师资格证书之一。据说自20世纪50年代就开始执业的武宝锐律师是民国时期天津著名律师张务滋的后人。

Although the lawyer system in the 1950s ceased after two years of establishment, some of the valuable experience they left behind played the role of “teaching, helping, and leading” after the restoration of the lawyer system in 1979. On June 1, 1989, attorney Wu Baorui passed the examination and again obtained the certificate of qualification for lawyers of the People's Republic of China issued by the Ministry of Justice. This is the first batch of lawyer qualification certificates issued after assessment after the restoration of the lawyer system in 1979. It is said that lawyer Wu Baorui, who started practicing in the 1950s, is a descendant of the famous Tianjin lawyer Zhang Wuzi during the Republic of China.

图示

兰英律师
Lawyer Lan Ying

图示

兰英同志的任命书
Letter of appointment from Comrade Lan Ying

图示

兰英律师的工作证(兰英律师提供)
Lawyer Lan Ying’s work permit(provided by lawyer Lan Ying)

图示

20世纪50年代部分法律工作者(含律师)合影
A group photo of some legal staffs (including lawyers) who worked in the 1950s

图示

1988年,司法部召开20世纪50年代老律师会议。天津市有20位律师出席,这是在北京国谊宾馆(原国务院一招)楼前合影,其中包括侯新锋(左四)、邱喜爱(左五)、左克(左六)、郑萱(左八)、路之岐(左九)、刘维贤(左十)、徐汤华(左十一)、兰英(左十二)、徐吾林(左十四)、边文萍(左十五)、刘泗兴(左十八)
In 1988, the Ministry of Justice held a meeting of old lawyers in the 1950s. Twenty lawyers from Tianjin attended. This is a group photo in front of the Beijing Guoyi Hotel (formerly the First Guest House of the State Council). Hou Xinfeng (fourth from left), Qiu Xiai (fifth from left), Zuo Ke (sixth from left), Zheng Xuan (eighth from left), Lu Zhiqi (ninth from left), Liu Weixian (tenth from left), Xu Tanghua (eleventh from left), Lan Ying (twelveth from left), Xu Wulin (fourteenth from left), Bian Wenping (fifteenth from left), Liu Sixing (eighteenth from left)

图示

中华全国律师协会为20世纪50年代以来执业的兰英律师颁发的表彰证书
Certificate of commendation issued by All China Lawyers Association to practicing lawyer Lan Ying in the 1950s

图示

老一辈律师代表兰英
Lan Ying is a representative of the older generation of lawyers

图示

丁立莹律师在建设天津律师文史馆过程中记录老律师的口述历史
Lawyer Ding Liying recorded the oral history of old lawyers during the construction of Tianjin Lawyer’s Culture and History Museum