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Kindness like Soil in Spring, Love like Bright Sunlight  

2011-05-24 11:10:31|  分类: legal aid in chi |  标签: |举报 |字号 订阅

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Kindness like Soil in Spring, Love like Bright Sunlight

       ----------The China Legal Aid Volunteers’ project: Stories of Volunteers

 

Story 1: a Guide for the Vulnerable to Access to Justice

 

Mao Hongshou is a senior partner and deputy director of a law firm of De heng Lawyers’ group. In 2010, he voluntarily took part in the “11” China Legal Aid Volunteers’ project, sponsored by the China Legal Aid Foundation, and went to Pu ding county of Gui zhou province as a legal aid volunteer. There is a population of 460000 whilst only one law firm with two lawyers in Pu ding. On arriving at Pu ding, he was assinged a traffic accident legal aid case. Gao mu, a second year female student in a university, was injured in a traffic accident and caused her high paraplegia. Mao Hongshou found out that, after taking over this case, Gao Mu failed to apply for the preservation of property when she claimed damages against the offender in the local court. Mao Hongshou immediately contacted the local court and applied for the preservation of the offender’s property on behalf of Gau Mu. In the event, the local court ordered the seizure of the vehicle involved in the accident and fixed assets of the offender. “The public often expect more from legal aid practitioners than that from private lawyer”, Mao Hongshou said, “as legal aid practitioners, we should do our best to help our clients. Not only should we make every effort to obtain a judgment for the victim, but we should try to help the victim get damages and maintain the reputation of the legal aid understanding”.

Mao Hongshou also said, “The legal aid is a worthy cause whilst never is a one-man show. It is absolute that the legal aid demands more people to be involved. So, I hope that I am not only a participant, but a guide”.

 

Story 2: the Proudest Selection

 

Zhang Xingjin, lawyer from a law firm in Shan dong province, entered for the “1+1” Project without hesitation when he heard the news of recruiting legal aid volunteers. As a member of the first batch of volunteers, he was sent to Liang he county, Yun nan province, far from Shan dong province, to deliver legal aid services which he has long desired to do. Liang he is a remote, undeveloped and ethnically mixed community. There are frequently civil disputes among neighbors. However, there is only one law firm and its staff is lacking of normal legal training.

In April, 2010, there is a family dispute in a village. Yang mu is a single disable person, 48 years old. For many years, his land had been used by his second old brother for free; in return, his brother ever promised orally that he would give Yang mu one of his sons as a legally adopted son when Yang mu was old. His brother went back on what he had said when he heard that Yang mu owed a lot of money for illness. Additionally, his brother refused to return the land to Yang mu and support their 81-year-old mother. Their mother had to live together with Yang mu, lacking of financial resources.

Mediation is the main and best solution to family dispute. As a mediator, Zhang Hangjin persuaded and educated repeatedly the brother that he should bear the obligation to support the disable brother and old mother. Finally, the brother agreed to do so. Besides, Zhang Xingjin contacted the local civil affairs bureau to apply for the subsidies for the elderly aged 80 or over(the policy came into force on March 10th, 2010) on behalf of the mother. The local civil affairs bureau also allowed giving the secondary medical support to Yang mu. The local disabled persons’ federation not only offered them 1000 as a financial difficulties’ allowance, but also promised to apply for a artificial limb from a rehabilitation project on behalf of Yang mu. After the event, Zhang Xingjin said,it is a really deserving selection for me, I never regret for abandoning my previous easy work circumstances.

 

 

Story 3: a Long Road of Recovering Salaries

 

Du Hongxing, partner of Dong yue Law Firm, was dispatched to Huang nan Tibet nationality autonomous prefecture, Qing hai province as a legal aid volunteer in 2009.

Recovering salaries has always been a topic provoking much discussion. The Government and all the society paid more and more attention to migrants’ recovering salaries in recent years. However, it is still very difficult for some migrants to get just their rewards. Soon after arriving at Huang nan prefecture, Du Hongxing was assigned by the local legal aid center to provide legal aid services for 83 migrant workers in a lawsuit against a traffic engineering company. In this lawsuit, these migrant workers claimed their two years salaries in 2007 and 2008 from the company. In past two years, these migrant workers have been trying to recover their salaries, but without any answers. After Du Hongxing received the case, these migrant workers rested all their hopes on him. Du Hongxing immediately began to collect and sort evidences. But, the only evidence provided by these migrant workers is a very simple note with the signature of engineering labor contractor. Lack of evidences is the mainly obstacle in the case. It took Du Hongxing over two months to patiently interview relevant persons/ organization to obtain evidences. Du Hongxing managed to bring the two parties together to check relevant accounts and negotiate for payment. In the end, thank for Du Hongxing’s tireless effort on behalf of the plaintiff, the two parties successfully mediated a settlement on the day the court was in session. The defendant paid 534998.44 salaries to the plaintiffs on the same day. It was legal aid that helped the migrant workers protect their legal rights.                               

 (Sources: China Legal Aid, No 2, in 2011, sponsored by Legal Aid Center of M.O.J, China)

 

                   

  

 

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