Yu Hong: A Lawyer with Over 30,000 Kilometers of Travel Each Year - Remembering Yu Hong, the Director of an Outstanding Law Firm in Liaoning Province
Time:
2022-08-22
曲继林桑国臣赵颖新
Upon first meeting Yu Hong, one can feel the weight of this person. This overwhelming sense of weight does not stem from his age, nor from the brevity and strength of his words, nor from the many cases he has handled over the years, but rather from the heavy responsibility he carries in his heart. This responsibility is manifested in his serious handling of cases, which brings warmth to the parties involved, leading to many cases finding resolution; at its core, it reflects his commitment to promoting the development and progress of a rule-of-law society. "I hope that through my personal efforts, I can contribute to the country's legal process. Every legal worker should have this sense of social responsibility!"
Driven by this sense of responsibility, Yu Hong, the director of Liaoning Blue Star Law Firm, has handled nearly a hundred cases each year on average in recent years, traveling over 30,000 kilometers, averaging more than 100 kilometers a day. What does this mean? It means that his annual travel distance is close to a full circle around the Earth's equator.
He is no longer a young lawyer, yet he is filled with the vigor and energy of youth. Graduating from China University of Political Science and Law, he has been practicing law for 27 years, making him an undeniable "old lawyer." His workload far exceeds that of others; he even keeps his phone on 24 hours a day to receive nearly a hundred work calls. The driving force that keeps him on the road is this sense of responsibility.
Business Responsibility: "It is my duty to be responsible for my clients."
Yu Hong said something very simple to me: "Many clients may only fight one lawsuit in their lifetime, and lawyers should do their best to help them protect their rights; otherwise, I can't bear it in my conscience!" This seemingly simple statement has been upheld by Yu Hong through action for 27 years. Who can truly understand the hardships and joys within?
A few years ago, Yu Hong represented a personal insurance contract dispute case. Through his careful study of the case and his vigorous arguments in court, the outcome of the case received social acclaim.
Insured Ms. Zhang took out critical illness insurance for her sister. Three years later, her sister passed away from liver cancer. When Ms. Zhang requested the insurance company to pay the insurance money, the company refused to compensate, claiming that her sister had taken out the insurance while ill, and stated that the insurance application was not signed by her but by the insurance company's agent, thus rendering the insurance contract invalid. This case is quite common and typical, significantly impacting the interests of the insurance company. During the court session, dozens of representatives from the defendant company attended, indicating the importance the insurance company placed on the case. During the court debate, the discussion centered around the validity of the contract, with both parties engaging in a lengthy debate, where the defendant insisted that the contract was invalid. Yu Hong clearly pointed out that the insurance company, as the party with professional knowledge, should have fulfilled its obligation to inform the insured about the special provisions in the insurance terms and should have ensured that the insured signed and confirmed it personally. However, the insurance company's agent violated regulations by signing the disclosure obligation document on behalf of the insured. This is the insurance company's own fault. The principle of fault liability, also known as the principle of negligence liability, states that the basic condition for civil liability is the subjective fault of the actor. According to this principle, an actor only bears civil liability if there is fault. If there is no fault, there is no civil liability. Article 106, paragraph 2 of the General Principles of Civil Law of our country states that citizens and legal persons who infringe upon the state, collective, or others' property or personal rights due to fault shall bear civil liability. It is evident that, in the absence of special legal provisions, the principle of fault liability applies. Clearly, the plaintiff should not bear responsibility due to the defendant's (insurance company's) fault!
During the judgment process, the court accepted Yu Hong's arguments, ruling that the defendant should bear full compensation responsibility. The defendant did not appeal and directly paid the insurance money. This case not only strongly protected the interests of the insured but also facilitated the rapid resolution of similar cases, and to some extent, promoted the improvement and development of insurance work.
This case is one of the most ordinary cases handled by lawyer Yu Hong. He expressed to me that all cases are factors that promote the progress of a rule-of-law society and are positive energy for the development of the industry. "Making money is not the goal; lawyers should take on social responsibility."
Over twenty years of practical legal experience has allowed Yu Hong to accumulate rich experience in handling non-litigation matters. In July 2010, due to years of drought, the urban water supply in Lingyuan City faced a crisis, with water source wells running dry. The water source project initiated by the Lingyuan City government involved the vital interests of the residents of Sanjia Village in Wafangdian Township, leading to thousands of residents obstructing the drilling of the water source and clashing with over 100 police officers maintaining order, resulting in injuries to both police and residents. After receiving instructions from the Lingyuan Municipal Party Committee leaders, Yu Hong immediately drove to the scene with the leaders of the Lingyuan Municipal Justice Bureau. At that time, there were over a thousand emotionally charged residents around the Sanjia Village Committee, holding various labor tools, creating a tense atmosphere. A resident who knew Yu Hong suggested that he turn the car around to escape quickly in case of conflict, but there were too many people surrounding the car, making it difficult to communicate. To ease the tension and facilitate contact, Yu Hong proactively sought discussions with representatives of the residents, patiently listened to their opinions, and promptly addressed their request to send three injured residents to the hospital, deepening the relationship with the residents. When modifying the contract terms, he insisted on considering the actual situation, prioritizing the residents' access to water, and reserving water pipeline interfaces to alleviate their concerns. The representatives of the residents accepted this gladly, and there was no further obstruction to the construction. The lawyer's mediation work was successfully completed by noon. Currently, five wells have been successfully drilled at the water source as planned, and once the water source is officially operational, the living water supply for Lingyuan City will be effectively guaranteed.
On August 7, 2010, Yu Hong was entrusted by the municipal government to handle a public incident caused by hepatitis A vaccine in the town of Goumenzi, located in the southern part of Lingyuan City. The day before, leaders from the municipal health bureau and staff from the disease control center were surrounded by the public at the Goumenzi town health clinic and were not allowed to leave until around 3 a.m. the next day. Due to the violation of hepatitis A vaccination requirements by the doctor at the Goumenzi village health station, some newborns experienced symptoms such as headaches, hematuria, and elevated white blood cell counts after vaccination, causing great panic among the parents of the affected children. Experts from the municipal central hospital were also invited to provide treatment, but the public did not trust the experts' explanations and insisted on demanding an explanation from the government. They sent five representatives to negotiate with city leaders, requesting treatment in Beijing and compensation from the government, even making extreme statements like "if the leaders' children also receive three doses of the hepatitis A vaccine, we will feel psychologically balanced." Through discussions on-site, Yu Hong immediately identified himself and analyzed the causes of the incident: 1. The vaccine itself; 2. The individual characteristics of the affected children; 3. Violation of operational procedures. From these three reasons, individual characteristics could be ruled out, and the doctor's non-compliance with operational procedures was one of the reasons. To prevent widespread damage from the vaccine itself, the municipal government urgently notified to immediately stop the vaccination and applied for an evaluation of the batch of hepatitis A vaccine in Beijing to determine the cause. For the parents of the affected children and the representatives of the public who requested treatment in Beijing, a strategic suggestion was made to invite experts from Beijing to Lingyuan for consultation, which would save costs and allow for timely identification of the common characteristics of the affected children. After several rounds of negotiations, the public recognized the municipal government's positive attitude, and no serious conflicts occurred, with hundreds of people surrounding the site gradually dispersing. Around 10 p.m., 18 affected children and their parents were transported to the Lingyuan Central Hospital for treatment by a large bus arranged by the municipal government. Just when it seemed that the matter could come to a close, some parents who had not gone to the hospital again demanded compensation from the municipal government. Lawyer Yu Hong explained relevant legal knowledge to them in the corridor, clearly informing them that the responsible party for this incident currently appeared to be the village health station doctor, and if the hepatitis A vaccine was found to be problem-free, the municipal government could not bear the compensation responsibility. Even if the village health station was held responsible, it should be negotiated between both parties or litigated in the people's court according to the law, and there must be detailed accounts and receipts of the losses incurred. Currently, there were no final damage results, only symptoms, and some experts stated that some reactions were psychosomatic, making it impossible to determine compensation. The urgent task was to quickly clarify the cause, actively treat the children, and avoid causing greater harm. After nearly 40 minutes of explanation, the public and parents of the affected children expressed understanding and withdrew their request for immediate compensation from the municipal government. One parent, Mr. Song, said: "Lawyer Yu, you are the lawyer sent by the government. How great it would be if we could hire you as our lawyer with a high salary!" Yu Hong smiled and said: "I am here to take responsibility for this matter and to ensure it is resolved fairly and reasonably. I will reflect your reasonable opinions to the city leaders and make suggestions. The city leaders accepted my suggestions, and the handling of this matter is positive, effective, and humane, with both the city leaders and lawyers genuinely safeguarding the interests of the public." In response, the public expressed agreement. As it was getting late, the representatives of the public invited Yu Hong to dinner, but he politely declined. By the time Yu Hong returned to Lingyuan City, it was already midnight. Although he was exhausted, he felt very gratified because through a day's work, he achieved the goal of resolving the public's grievances and provided effective legal services for the municipal government's stability and control work.
Through hard work, Yu Hong has gained widespread praise from the parties involved and the judicial system. In 2007, he was the first to enter the reception hall for petitioning at the municipal party committee and government, accompanying leaders at the level of municipal committee members and above to meet with petitioners, patiently and meticulously answering legal questions related to petitions, and playing a decisive role in resolving multiple group petition cases. When the Lingyuan Municipal People's Congress Standing Committee organized committee members to inspect and attend court hearings and case evaluations, Yu Hong was the only invited representative to participate in the evaluation. The Lingyuan Municipal People's Court and the Lingyuan Municipal People's Procuratorate both appointed Yu Hong as a people's supervisor, and the Lingyuan Municipal Public Security Bureau Police Association appointed Yu Hong as a legal advisor, helping the public security organs and police officers solve legal issues and safeguard their legitimate rights and interests. The Lingyuan Municipal Federation of Trade Unions appointed Yu Hong as a lawyer for the legal aid center for workers in difficulty, providing legal services to many workers in difficulty over the years, receiving praise from municipal leaders.
In his 27 years of practice, Yu Hong has received numerous accolades. In 1989, he was awarded the title of National Advanced Individual in Popular Legal Education by the Central Propaganda Department and the Ministry of Justice, and was awarded a third-class merit medal. In 1988, he was recognized as an advanced individual by the Chaoyang Municipal People's Government. In 2003, he was named one of the Top Ten Lawyers in Chaoyang City by the Chaoyang Municipal Bureau of Justice, and in March 2008, he was again named one of the Top Ten Lawyers in Chaoyang City. In January 2009, he was recognized as one of the Top Ten Outstanding Judicial Administrative Workers by the Chaoyang Municipal Political and Legal Committee. In 2011, he was named an Excellent Lawyer in Chaoyang City, and in 2014, the Liaoning Blue Star Law Firm was selected as an Excellent Law Firm in Liaoning Province by the provincial department.
Yu Hong is enthusiastic about public welfare, providing free legal consultations to the public through various media (television, radio, 24-hour lawyer hotline), earning the trust of all sectors of society. He has long served as the vice president of the Chaoyang City Lawyers Association and the director of the Civil and Commercial Law Committee, and is also a member of the Chinese Law Society, a member of the Liaoning Law Society, and the vice president of the Lingyuan City Law Society. These heavy titles are a full recognition of Yu Hong's work by all sectors of society.
"I feel guilty towards my family, but I have a clear conscience."
After many years of practice, Yu Hong devoted himself to his career but neglected to care for his family. When his daughter was accepted into university, Yu Hong, while happy, promised that the three of them would go on a trip together. However, due to his busy work schedule, the planned trip kept getting postponed, and as a result, two years passed without any progress on the trip. His daughter jokingly said, "You keep your promises to your clients, but you don't keep your word to us."
For the sake of his clients, Yu Hong has not taken a day off for many years and has little time for his family. His spouse has thus become a full-time housewife, shouldering the burden of taking care of the family. Due to his role as a defense lawyer in some criminal cases, some victims' families have threatened Yu Hong in various ways, which has caused his spouse and daughter to worry about him, making Yu Hong feel very guilty. Long-term overwork and excessive mental strain have led to poor sleep for Yu Hong, who also suffers from hypertension and other health issues. He often appears in court while unwell, and his family is concerned, advising him to "take on fewer cases," but Yu Hong insists, "My clients trust me, and I must defend their rights."
This is Yu Hong, a lawyer who is almost a workaholic, a "irresponsible father and husband." From him, we see the hardships and difficulties of a lawyer's work and appreciate the sanctity of the legal profession. It can be imagined that it is because of many legal workers like Yu Hong in society that the country's rule of law process can steadily advance.
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