Safety and Efficiency, the Interests of Judges
PREFACE: As a lawyer, I have been to court for many years and have accumulated experience and lessons. With more and more experience and fewer and fewer lessons, I think I can write something that can be entitled as “Successful Experience” rather than “Successful Lessons”.
Chapter One Safety and Efficiency, the Interests of Judges
I remember that the first time I went to court was in an intermediate court in Beijing where I appeared in court by myself. It was a copyright infringement case with the plaintiff being a painter and the defendant a publishing house. The plaintiff sued the defendant for unauthorized use of one of his paintings and requested the defendant to apologize and pay damages. I was the lawyer for the defendant. With no litigation experience at that time, I did not take it as a challenge because I had a set of my own methods for handling new problems. When facing any new problems, I would first find out two things: the first was who had the final say, and the second was how he made the final say, i.e. the judgment criteria. I had no experience in court before but it was easy to know that it was the judge who had the final say. The second question was not difficult, either. Studying law for a few years, I remembered most clearly that “people avoid disadvantages”, the principle of which was almost the saying “Self-preservation is the first law of nature”. The judge would certainly consider his own interests when deciding who would win a case. With these two things clear, plus my simple understanding of the proceedings, I was basically able to outline an action scene: two people got into a fight and each insisted that he was right. Finally they came before the judge for resolution of their dispute. The core issue was th