20世纪50年代的律师工作
LAWYERS' WORK IN THE 1950S
1955年12月，天津开始建立法律顾问处，组建律师队伍。其主要任务是接受被告人委托或法院的指定，担任刑事案件的辩护人，出庭辩护；接受当事人的委托，担任民事案件的代理人参加诉讼;接待群众来访，解答法律咨询和提供法律帮助，代写各类法律事务文书等。
In December 1955, Tianjin began to establish a legal counsel office to form a team of lawyers. Its main tasks were: accepting the entrustment of the defendant or the designation of the court, acting as the defender of criminal cases, and appearing in court; accepting the entrustment of the parties, acting as the agent of civil cases to participate in the litigation; receiving people's visits, answering legal inquiries and providing legal assistance, writing all kinds of legal affairs documents.
据档案统计，在20世纪50年代短暂的执业中，律师开展的业务主要是接待群众来访，包括法律咨询、代写文书，诉讼代理也仅限于婚姻家庭、房屋、继承、债务、赡养收养、加工承揽、购销等。律师工作开展两年间，广大律师共接待群众来访23869人次，其中解答法律咨询14839人次，代写各种法律文书9030件。刑事案件出庭辩护742件，代理民事案件698件。民事案件以房屋案件最多，占45.12%；其次是债务、继承、析产案件，占20%；再次是赡养、抚养案件，占23.81%；离婚案件占11.03%。
According to archive statistics, in the short-lived practice in the 1950s, the main business carried out was to receive visits from the masses and legal consultation; to write documents; litigation agency was also limited to marriage and family, housing, inheritance, debt, support and adoption, processing contract, purchase and sale etc. According to the statistics of two years of working as lawyers, lawyers received 23,869 visitors, of which 14,839 legal inquiries were answered, and 9,030 legal documents were written on behalf of them. Represented the defendants in 742 criminal cases and represented the parties in 698 civil cases. In civil cases, housing cases accounted for 45.12%, followed by debt, inheritance, and property analysis cases, which accounted for a total of 20%; again, support and raise case accounted for 23.81%; divorce cases accounted for 11.03%.
1958年1月6日，天津市红桥区人民法院下发了有律师参与辩护的红法刑判（57）字第2157号刑事案件判决书。
On January 6, 1958, the Hongqiao District People's Court of Tianjin issued a case verdict in the form of Hongfa Criminal Judgment (57) Zi No. 2157 with lawyers participating in the defense.
公诉人天津市红桥区人民检察院检察长李杭指控被告人王树森破坏粮食政策及流氓罪，天津市第二法律顾问处律师韩瀛担任辩护人。
The prosecutor Li Hang, the chief prosecutor of the People's Procuratorate of Hongqiao District, Tianjin City, accused the defendant Wang Shusen of undermining the grain policy and crimes of hooliganism. Han Ying, a lawyer from the Second Legal Counsel Office of Tianjin, served as the defender.(https://www.daowen.com)
法院查明，被告人王树森于1956年趁盲目流入津市之运输大车政府不供给饲料之机，以骗取、借、代卖等方式，取得李文起、高崇礼等10余人之饲料本，并以涂改数字、撕掉册页等手段，在第10门市部等处套购红粮1630斤、黑豆3340斤、玉米皮1660斤、麸子14225斤，后以每斤高于牌价1—7分的价格卖与刘静华、张连臣等人，从中非法牟取暴利843.90元。在同一时间内，被告还伙同王学敏、于云龙等人用上述手段套购麸子5686斤、玉米皮2700斤，以高于牌价两倍的价格卖给永兴农业合作社和宣家院农业合作社，从中非法牟利455.23元，三人均分。被告还利用自己家中粮本结存麸粉88斤、杂粮66.5斤之机，将买过粮食的粮折，先后撕掉8页，在第18门市部套取粮票814.5斤、粮食264斤，卖给马振中等人，从中非法取利。被告共套取粮食、饲料等30648.5斤，取得非法利润1299.13元。被告将所得之款大部用于挥霍，每日大吃大喝，并诱骗10余名妇女通奸。特别严重的是将一名患有精神病的女教员诱至墙外猪圈内进行奸污。庭讯中以上事实被告均供认不讳。
The court found out the case that the defendant Wang Shusen took advantage of the opportunity that the government did not supply feed on the transportation cart that blindly flowed into Tianjin City in 1956, and obtained feed books from more than ten people including Li Wenqi, Gao Chongli, etc. by fraud, borrowing, or selling on behalf of others. By altering the numbers and tearing off the number of pages, 1630 kg of red grain, 3340 kg of black beans, 1,660 kg of corn husk, and 14,225 kg of bran were purchased at the tenth store and sold at Liu Jinghua, Zhang Lianchen and others by 1-7 points above the list price. And illegally made a huge profit of 843.90 yuan. At the same time, together with Wang Xuemin, Yu Yunlong and others used the above methods to buy 5,686 kilograms of bran and 2,700 kilograms of corn husks, sometimes twice the price of the brand, and sold them to the Yongxing Agricultural Cooperative. The Hexuanjiayuan Agricultural Cooperative, illegally profited 455.23 yuan from it, and the three people shared their salaries. The defendant also used his family's grain balance to save 88 kilograms of bran powder and 66.5 kilograms of miscellaneous grains to fold the grain that had been bought, tearing off 8 pages one after another. In the 18th store, they collected 814.5 kilograms of food stamps and 264 kilograms of grain, and sold them to Ma Zhenzhong and others to make illegal profits. The defendant bought a total of 30648.5 kilograms of grain and fodder, and obtained an illegal profit of 1,299.13 yuan. The defendant used most of the proceeds to squander, eat and drink every day, to lure more than a dozen women into adultery. The most serious thing was to lure a mentally ill female teacher to the pigpen outside the wall and raped her. In the court hearing, the defendant confessed to the above facts.
判决书认为，被告人王树森，一贯不务正业，生活腐化，虽经政府教育，但仍不知悔改，变本加厉地追求资产阶级生活方式，不顾国家法纪，公开破坏粮食政策，性质实属恶劣，已构成犯罪，应予惩处，特判决王树森破坏粮食政策，处有期徒刑十年。
The verdict held that the defendant Wang Shusen had always failed to do his job properly and had a corrupt life. Although he was educated by the government, he did not repent and pursued the bourgeois way of life more vigorously, despite the state's laws and regulations. Publicly undermining the grain policy is really bad in nature and has constituted a crime and should be punished. Wang Shusen was sentenced to ten years in prison for undermining the grain policy.
从这个案件可以看出，20世纪50年代律师参与辩护工作还是较为普遍的，不过那时候律师的辩护意见没有列明在判决书中。
It can be seen from this case that in the 1950s, lawyers' participation in defense work was still relatively common, but at that time, the lawyer's defense opinions were not listed in the judgment.
20世纪50年代的律师在民事诉讼庭审中
Lawyers in the 1950s in civil proceedings
20世纪50年代的律师参与民事诉讼庭审
Lawyers in the 1950s in civil proceedings
20世纪50年代的公审大会
Public trial conference in the 1950s
20世纪50年代的公审大会现场
The scene of the public trial conference in the 1950s
20世纪50年代的律师在刑事诉讼庭审辩护中
The lawyers in the 1950s were defending in the criminal court
1958年5月天津市律师工作跃进规划（部分）
Tianjin city lawyer’s leap forward planning in May 1958 (partial)
20世纪50年代的律师为群众宣讲法律
Lawyers in the 1950s preached legal to the masses
20世纪50年代的律师接待咨询
The lawyer reception and consultation in the 1950s
20世纪50年代法律顾问处的工作场景
Working scene of the legal counsel office in the 1950s
1956年7月10日，国务院批复了司法部《关于建立律师工作的请示报告》，文中称:“国务院全体会议第二十九次会议原则上同意你部关于司法行政工作方面几个问题的请示报告，并且决议如下……同意司法部《关于建立律师工作的请示报告》，并且批准《律师收费暂行办法》，由司法部发布施行。”随后，司法部下发了《律师收费暂行办法》。同年7月20日，司法部部长史良签发了《关于发布施行律师收费暂行办法的通知》，这是新中国第一个关于律师收费的规定。此办法是为适应建立社会主义市场经济体制的要求，保障律师事务所和委托律师事务所办理法律事务的自然人、法人和其他组织的合法权益，规范律师服务收费行为，根据律师和价格的有关法律、法规而制定的办法。截至1957年2月底，天津已成立的两个法律顾问处共收费29201.83元。其中，解答法律咨询9993人次，减免收费5535人次，占55.4%，收费2237.93元；代写法律事务文书6212件，减免收费605件，占10%，收费1134.90元；刑事辩护案件684件，减免收费60件，经法院指定为被告进行辩护的案件203件，共占38.4%，收费5031.50元；代理民事案件531件，减免收费25件，占4.7%，收费10587.50元。天津市第三法律顾问处于同年6月24日成立后，即实行收费，截至当年年底，共收费3996.30元。
On July 10, 1956, the State Council approved the Ministry of Justice's Request for Instructions on the Establishment of Lawyers, and stated, “The 29th meeting of the plenary meeting of the State Council agreed in principle to your Ministry's decision on several issues concerning judicial administration. Request for instructions, and the resolution is as follows: …agree to the Ministry of Justice's Request for Instructions on the Establishment of Lawyers, and approve the Interim Measures for Lawyers' Fees, which will be issued and implemented by the Ministry of Justice.” The Ministry of Justice issued the Interim Measures for Lawyers' Fees. On July 20 of the same year, Shi Liang, Minister of Justice of the People's Republic of China, issued the Notice on the Interim Measures for Lawyers' Fees, this is the first regulation of lawyers' fees in the People's Republic of China. This measure is to meet the requirements of establishing a socialist market economy system, protect the legal rights of law firms and natural persons, legal persons and other organizations that entrust law firms to handle legal affairs, regulate the behavior of lawyers' service fees, regulations made in accordance with relevant laws and regulations on lawyers and prices. As of the end of February 1957, the two legal counsel offices established in the city charged a total of 29,201.83 yuan. Among them, 9993 legal inquiries were answered, 5535 fees were reduced or exempted, accounting for 2,237.93 yuan for 55.4%; 6212 legal affairs documents were written on behalf, 605 fees were reduced or exempted, accounting for 10%, 684 criminal defense cases, Charge 1134.90 yuan, and 60 fees were reduced or exempted. 203 cases were designated by the court to defend the defendant, accounting for 38.4%, and the fee was 5,031.50 yuan; 531 civil cases were represented, and 25 cases were reduced or exempted, accounting for 4.7%, and the fee was 10,587.50 yuan. Since its establishment on June 24 of the same year, the Municipal Third Legal Counsel Office has implemented fees, and as of the end of the year, the fees totaled 3,996.30 yuan.
1957年，在法律虚无主义和“反右”斗争扩大化的影响下，刚刚建立起来的律师制度遭到错误的批判，律师辩护被说成是“丧失阶级立场”“为犯罪分子鸣冤叫屈，开脱罪责”，律师制度被说成是“资产阶级的制度”。法律顾问处逐步缩减，律师大都被调离政法部门。到1958年11月，天津市三个法律顾问处均合并到高级人民法院院内办公，只保留三名审判人员以兼职律师的名义办理少量典型的案件。司法部在1959年被撤销后，律师工作由人民法院代管，不过实际上已不再开展工作。
In 1957, under the influence of legal nihilism and the expansion of the “antirightist” struggle, the lawyer system that was just established was erroneously criticized. Lawyer defense were said to be the “lost class position” and “to cry out for the criminals and to excuse guilt”, while the lawyer system was described as a “bourgeois system” . The legal counsel office has gradually shrunk, and lawyers have been transferred from the political and legal departments. By November 1958, the three legal counsel offices in Tianjin were merged into the court of the Higher Court, leaving only three judges to handle some small and typical cases in the name of part-time lawyers. After the Ministry of Justice was abolished in 1959, the work of lawyers was managed by the people's court, but in fact the work of lawyers could no longer be carried out.