法律顾问处的恢复与律师事务所的初步发展

法律 顾问处的恢复与律师事务所的初步发展

THE RESTORATION OF LEGAL COUNSEL OFFICES AND THE INITIAL DEVELOPMENT OF LAW FIRMS

“文革”结束以后,天津市司法局积极恢复重建,王良善、武兆吉是恢复重建司法局的筹备组负责人。随着司法部的恢复,全国各地纷纷按照要求恢复重建了法律顾问处,而这也成为了当时唯一一种法律服务机构。

After the end of the “Cultural Revolution”, the Tianjin Municipal Bureau of Justice actively restored and rebuilt. Wang Liangshan and Wu Zhaoji were the leaders of the preparatory group for the restoration and reconstruction of the Municipal Bureau of Justice. After the restoration and reconstruction of the Ministry of Justice, the legal counsel offices were restored and rebuilt in various places in accordance with the requirements. At that time, the legal service organization had only one form of legal advisory office.

1979年12月15日,天津市第一法律顾问处成立,标志着律师制度在天津的恢复重建。1981年5月10日,经天津市编制委员会批准,天津市第一法律顾问处更名为天津市法律顾问处,受天津市司法局组织领导和业务监督。同时,各区、县司法局分别设立法律顾问处,承担本地区的法律顾问工作,并受各区、县司法局的组织领导和业务监督。到1981年年底,全市共有法律顾问处17个,其中律师58名、实习律师8名、其他人员41名。

图示(https://www.daowen.com)

天津市编制委员会《关于调整法律顾问处机构设置和人员编制的通知》
Notice on Adjusting the Organizational Structure and Staffing of the Legal Counsel Office by Tianjin Municipal Organization Committee

图示

1983年9月天津市中级人民法院召开严厉打击刑事犯罪分子宣判大会
In September 1983, Tianjin Intermediate People’s Court held a strike hard public judgment meeting to crackdown criminals

On December 15, 1979, Tianjin First Legal Counsel Office was established, marking the restoration and reconstruction of the lawyer system in Tianjin.On May 10, with the approval of the Municipal Organization Committee, the Tianjin First Legal Counsel Office was renamed Tianjin Legal Counsel Office, which was subject to the organizational leadership and business supervision of the Municipal Bureau of Justice. The District and County Judicial Bureaus established legal counsel offices respectively to be responsible for the legal advisory work in the region, and is subject to the organizational leadership and business supervision of the district and county judicial bureaus. By the end of 1981, there were 17 legal counsel offices in the city. Among them, there were 58 lawyers and 8 trainee lawyers, 41 other personnel.

第一法律顾问处成立后,曾为天津司法作出杰出贡献的赵光裕又开始了执业律师生涯。赵光裕1943年8月毕业于中国大学法科法律学系,新中国成立前曾任河北天津地方法院民庭推事,河北长芦盐务局、中国盐业公司法律顾问;新中国成立后任河北省人民法院审判员、天津市人民法院审判员、天津市公证处公证员。执业律师期间,赵光裕以“用法体现道德,手段反映品质”为座右铭,同时培养了包括王天举在内的众多杰出律师,可谓桃李满天下。

After the establishment of the First Legal Counsel Office, Zhao Guangyu, who had made outstanding contributions to Tianjin justice, began to practice as a lawyer again. Zhao Guangyu graduated from the Faculty of Law of the University of China in August 1943. Before the founding of the People's Republic of China, he served as the civil judge of the Hebei Tianjin District Court, and the legal adviser of the Hebei Changlu Salt Bureau and the China Salt Company. After the founding of the People's Republic of China, he served as thejudge of People's Court of Hebei Province, judges of Tianjin People's Court, notaries of Tianjin Notary Office. During his practice as a lawyer, Zhao Guangyu took “usage to reflect morality and means to reflect quality” as his motto, and at the same time trained many outstanding lawyers including Wang Tianju. Can be described as peaches and plums all over the world.

图示

赵光裕律师
Lawyer Zhao Guangyu

图示

1943年赵光裕中国大学法科法律学系毕业证书
Graduation certificate of Zhao Guangyu, Faculty of Law, University of China in 1943

图示

新中国成立后的赵光裕
Zhao Guangyu after the founding of the People's Republic of China

天津市第一法律顾问处承办的渤海2号沉船案是在新中国律师制度刚刚恢复,政策、机构还不健全的情况下发生的一起震惊中外的重大案件。

The Bohai No. 2 shipwreck case undertaken by the Tianjin First Legal Counsel Office was a major case that shocked China and foreign countries when the lawyer system of the People's Republic of China had just been restored and the policies and institutions were not yet sound.

1979年11月25日凌晨3点35分,渤海湾发生了新中国成立后损失最为严重的海难,石油部海洋石油勘探局“渤海2号”钻井船在迁往新井位的拖航中于东经119度37分48秒、北纬38度41分30秒的渤海海面翻沉,导致72人死亡,直接经济损失3700万元。经调查,此次沉船是由冒险拖航造成的。1980年9月,天津市中级人民法院开庭审理了事故责任人渎职一案。

At 3:35 a.m. on November 25, 1979, the most devastating shipwreck occurred in the Bohai Bay since the founding of the People's Republic of China. The Offshore Petroleum Exploration Bureau of the Ministry of Petroleum “Bohai 2” drill ship moved eastward during the towing to the new well site. The Bohai Sea at 119 degrees, 37 minutes, 48 seconds and 38 degrees, 41 minutes and 30 seconds north latitude overturned, causing 72 deaths and direct economic losses of 37 million yuan. After investigation, the shipwreck was caused by risky towing. In September 1980, the Tianjin Intermediate People's Court opened a trial to hear the case of the person responsible for the accident.

图示

石油部海洋石油勘探局钻井平台
Drilling platform of Offshore Petroleum Exploration Bureau, Ministry of Petroleum

图示

检察院讨论渤海2号沉船案
Procuratorate discusses the case of Bohai No. 2 shipwreck

天津市第一法律顾问处董师凯、常维仕、徐承斌、郝纯源四名律师作为辩护人出庭参加诉讼,这是律师制度恢复后律师第一次参与刑事案件的重要实践。不过,正如首席辩护律师董师凯后来所说,当时的人们对于给“坏人”辩护,还是心存忌惮的。由于案情重大,因此全国多家媒体都对该案进行了持续深入的报道,律师作为辩护人随着案情的广泛传播也为公众知晓。那时的律师有一个共识,即办理刑事、民事案件是律师的看家本领,参加庭审是最基本的锻炼,而参与重大案件的诉讼活动对律师能力和声誉的提升更是不言而喻的。

图示

公诉人
Prosecutor

Four lawyers, Dong Shikai, Chang Weishi, Xu Chengbin, and Hao Chunyuan from the Tianjin First Legal Counsel Office, appeared in court as defenders to participate in litigation. This was the first important practice in which lawyers participated in criminal cases after the restoration of the lawyer system. However, as the chief defense lawyer Dong Shikai later said, people at that time were still afraid of defending “bad guys”. Due to the seriousness of the case, many media across the country have carried out continuous and in-depth reports on the case, and lawyers as defenders have become known to the public as the case has spread widely. At that time, lawyers had a consensus that handling criminal and civil cases was a lawyer's housekeeping skills, and participating in court trials was the most basic exercise. Participating in litigation activities in major cases was also self-evident.

1984年,经市委政法委批准,天津市司法局建立了天津市第二法律顾问处,编制20人。天津市法律顾问处又改回第一法律顾问处,编制71人。从1985年至1990年,天津市司法局批准成立了若干家律师事务所。其中包括以特邀律师为主的集体所有制的天津市塘沽区第二律师事务所,在第一法律顾问处内部成立的天津市专利律师事务所、天津市侨务律师事务所(不另设机构,仅指定几位律师从事与专利和侨务相关的业务工作,对外可以挂牌)以及在第二法律顾问处内成立的天津市对外经济律师事务所。

图示

董师凯、常维仕、徐承斌、郝纯源四名辩护律师在法庭上辩护
Four defense lawyers Dong Shikai, Chang Weishi, Xu Chengbin, and Hao Chunyuan defended in court

图示

律师出庭辩护通知书
Notice of lawyer appearing in court to defend

图示

律师出庭证
Lawyer appearance certificate

图示

证人
Witness

图示

审判
Trial

图示

《工人日报》刊登的渤海2号沉船案消息
News of the Bohai No. 2 shipwreck case published in Workers Daily

图示

丁立莹律师向董师凯律师收集案件资料
Lawyer Ding Liying collected case data from Lawyer Dong Shikai

In 1984, with the approval of the Political and Legal Committee of the Municipal Party Committee, the Municipal Bureau of Justice established the Tianjin Second Legal Counsel Office. The establishment was 20 people. The original Municipal Legal Counsel Office was renamed the First Legal Counsel Office, with an establishment of 71 people. From 1985 to 1990, the Tianjin Municipal Bureau of Justice approved the establishment of several law firms. For example: The No. 2 Law Firm of Tanggu District, Tianjin, which was collective ownership and among them are mainly specially-invited lawyers, established Tianjin Patent Law Firm and Tianjin Overseas Chinese Affairs Law Firm within the First Legal Counsel Office (no separate organization, designated several lawyers are engaged in patent and overseas Chinese affairs business, which can be listed externally), and Tianjin Foreign Economic Law Firm established in the Second Legal Counsel Office.

1985年9月28日,经市政府批准,天津经济技术开发区律师事务所成立。此后,隶属天津市政法管理干部学院的第一法律顾问处第二接待室改建为天津市第四律师事务所,南开大学恢复了天津市第六律师事务所,隶属于第二法律顾问处的天津联合业余大学接待站改建为天津市第七律师事务所,同时在天津市妇女联合会成立了天津市第八律师事务所,恢复了河西区第二律师事务所,设立了南开区第二律师事务所、东郊区第二律师事务所、塘沽区第二律师事务所,并在塘沽区成立了天津市海事海商律师事务所等。到1990年年底,全市律师工作机构已达45个,律师1032名,体制上国办所与合作所并存。天津初步形成了一支以专职为主、兼职和特邀律师为辅的律师队伍。

图示

天津市第一法律顾问处(王金安律师提供)
Photo of Tianjin First Legal Counsel Office (provided by lawyer Wang Jin’an)

图示

在天津市对外经济律师事务所门前合影
A group photo in front of Tianjin Foreign Economic Law Firm

In addition, with the approval of the Municipal People's Government, on September 28, 1985, Tianjin Economic and Technological Development Zone Law Firm was established. After that, the second reception room of the First Legal Counsel Office under the Tianjin Municipal Law Management Cadre College was transformed into the fourth law firm of Tianjin. Approved Nankai University to restore the Tianjin Sixth Law Firm, approved the Tianjin United Amateur University Reception Station under the Tianjin Second Legal Counsel Office to be transformed into Tianjin Seventh Law Firm. At the same time, the Tianjin Eighth Law Firm was established in Tianjin Women's Federation. And the Hexi District Second Law Firm was restored. Established Nankai District No. 2 Law Firm, Dong Suburban No. 2 Law Firm, Tanggu District No. 2 Law Firm. And established Tianjin Maritime affairs Law Firm in Tanggu District and many more. By the end of 1990, the city had 45 lawyers' working institutions and 1032 lawyers. The state-run offices and cooperative offices coexist in the system, initially forming a team of lawyers mainly full-time, supplemented by part-time and specially invited lawyers.