Unremitting Pursuit of Unrepentant Choice -- A Record of Cao Xiaohe, an Excellent Lawyer in Jinan City


Published:

2008-03-16

Joining the lawyer industry, serving the society at the grass-roots level

After graduating from the law major in 1988, lawyer Cao Xiaohe went to Jinan legal advisory office for an internship. He first came into contact with lawyers and lawyer work. After a short internship, lawyer Cao was deeply attracted by the profession of lawyer and determined to be a lawyer. However, restricted by the system at that time, lawyer Cao failed to become a lawyer as he wished after the internship, and returned to the original unit to engage in enterprise legal affairs with regret. After obtaining the qualification of a lawyer in 1993, being a lawyer became the strongest wish of lawyer Cao. However, due to the work needs of the original unit and the strong efforts of the leaders to retain him, lawyer Cao still failed to do so, and his stay was another nine years. Although, during this period, the legal affairs work of the large-scale enterprises under the supervision of lawyer Cao has made great progress, and has been rated as the provincial contract and trustworthy unit every year; the individual has been rated as the provincial advanced worker in contract management; after dozens of lawsuits, he has recovered tens of millions of economic losses for the unit. Although during this period, Lawyer Cao also worked as a part-time lawyer, handled some types of cases, and first tasted the taste of being a lawyer, but being a full-time practicing lawyer to provide professional legal services for enterprises and the people is Lawyer Cao's constant desire. At the end of 2002, Lawyer Cao resolutely resigned from his comfortable job in a state-owned enterprise and came to the long-cherished Zhongcheng Institute, and finally became a full-time practicing lawyer.

Since practicing, Lawyer Cao has actively used his professional knowledge to serve the masses, and has participated in legal services at the grassroots level and voluntary legal consultation activities many times. Lawyer Cao actively participates in social management innovation, goes deep into the grassroots, serves the masses, and gives full play to the role of lawyers in social management innovation. Lawyer Cao currently serves as the legal adviser of the neighborhood committee under the jurisdiction of the Jiefang Road Office of Lixia District, Jinan City.

Lawyer Cao took advantage of his professional advantages in legal affairs to actively serve the reform of state-owned enterprises, issued legal opinions for the separation of main and auxiliary restructuring of Yankuang Group General Hospital, provided witness of asset loss for the restructuring of Laigang Group, and accepted the entrustment of Shandong Hualu Hengsheng Group Co., Ltd. and Jinan Office of China Huarong Asset Management Company to participate in the liquidation and bankruptcy of many enterprises; in the investment disputes between a Hong Kong group company and Linyi municipal government and Yucheng municipal government, he served as the legal adviser of a Hong Kong group company to participate in the handling of the disputes, so that many investment disputes were properly resolved; he was entrusted by the Jinan office of Cinda Asset Management Company to participate in the investigation and handling of a number of non-performing assets disposal business of the office. In order to achieve a career as a lawyer, Lawyer Cao devoted himself to the work of a lawyer with a sincere dedication and a strong sense of responsibility, striving to achieve perfect legal services and excellence. The business he handled has been praised and appreciated by the parties. In 2007, he was approved by the Shandong Provincial High Court as the first batch of bankruptcy case administrators.

    Establishing Correct Practice Ideas and Giving Full Play to Party Members as Demonstrators

"Lawyers are a noble cause" is not only the practice philosophy of Zhongcheng Institute, but also the requirement for lawyers to join Zhongcheng Institute. The idea that lawyer Cao inadvertently expressed at the inspection meeting before coming to the institute, which is consistent with the concept of Zhongcheng, is an important factor for lawyer Cao to join Zhongcheng. In the work of law firms and lawyers, Lawyer Cao keeps in mind his status as a party member, strictly demands himself everywhere, and plays an exemplary role. As a member of the party branch of the law firm, he actively participates in organizing and carrying out various activities such as the special rectification of lawyer practice arranged by superiors, the standardized construction year of partnership law firms, "education on maintaining the advanced nature of Communist Party members", and education on the concept of socialist rule of law. Conscientiously studying the important thinking of the "Three Represents", striving to practice the scientific development concept through practice activities, and serving the construction of a harmonious society, embodies the party spirit of a party member lawyer.

The values of "centering on the center, serving the overall situation, caring for the society, enthusiastic about public welfare, and sublimating people in dedication" have been deeply rooted in their hearts. To help the disabled and the weak, lawyer Cao and his colleagues serve as the legal adviser of Jinan disabled persons' Federation free of charge and provide free legal help to the disabled every week. Caring for education, lawyer Cao and his colleagues set up the "excellent gardener award" and "excellent student award" in niubao township middle school. every teacher's day, he drove hundreds of miles to send the care and warmth of lawyers to hard-working teachers and those poor students. At the same time, he also actively donated money and materials to the Li Gou Township Primary School in Pingyin County to help those poor children in the countryside. He gave his love and made donations together with his colleagues in Jinan Hope Primary School, Indonesia Tsunami, "One Day Donation", Wenchuan Earthquake and other activities, making Zhongcheng Institute ranked first in the city's law firms in every disaster relief donation, and Zhongcheng Institute where Cao worked won the title of "Demonstration Post for Rights Protection of Disabled, in 2006, he was awarded the title of" Top Ten Outstanding Collectives for Public Welfare in Spring City.

Serving the overall situation of economic construction and winning social praise

Lawyer Cao has been in charge of the legal affairs of a large state-owned enterprise at the provincial level for many years. He is familiar with the operation and management and daily operation of the enterprise. He was the first to obtain the qualification of national enterprise legal consultant and has rich experience in handling enterprise legal affairs. After working as a full-time lawyer, Lawyer Cao pays attention to applying the experience accumulated in corporate legal work to the practice of handling cases, and strictly requires himself as a party member, and strives to achieve the unity of legal effects, political and social effects in handling cases.

In 2007, Lawyer Cao accepted the entrustment of an investment company in Jinan to straighten out the equity relationship and standardize the corporate governance structure. The company was established by nearly 100 employees of a public institution. At the beginning of its establishment, there were problems such as unclear equity, horizontal competition and irregular governance structure. Later, its superior department ordered all employees of a public institution to withdraw from the investment company. The employees were worried and emotionally unstable when they heard about this. Prior to this, an associate professor had already formulated a plan for the company, but due to the shortcomings of the plan, the implementation process stalled. After taking over, lawyer Cao read all the industrial and commercial registration materials, internal documents and financial information of the company, carefully listened to the ideas and opinions of the company's superiors and employees, analyzed and studied the collected information and worked out a feasible implementation plan. After nearly half a year's planned and step-by-step implementation, the employees withdrew from the investment company smoothly under the condition that their rights and interests were protected. Now the company's equity is clear, the governance structure is standardized, has entered a period of stable and benign operation.

In 2004, a Hong Kong businessman invested in an enterprise in Zibo. The new production line could not be produced normally due to quality problems, the installation period was seriously delayed, and the factory was forced to close due to many disputes. The Hong Kong businessman was introduced to lawyer Cao to seek a way out of the predicament. Lawyer Cao went to the factory to carefully analyze the complicated legal relationships behind many disputes, and formulated a legal plan to extricate the predicament through a series of step-by-step litigation. He first took the initiative to file a lawsuit to resolve the deadlock in which the contractor provoked his employees to block the factory gate and unreasonably demand project funds, and then forced the equipment manufacturers and contractors to replace, repair and debug the unqualified equipment according to the contract through multiple lawsuits, which finally put the production and operation order of this Hong Kong-funded enterprise on the normal track and recovered nearly 10 million yuan of economic losses for it.

In 2005, the Zhangqiu Municipal Government is preparing to implement the "North Fourth Factory Reorganization" project, which will merge the four old state-owned and collective enterprises with their own strengths and difficulties into a local leading enterprise with good benefits and strong strength. However, the local government and this leading company are not very clear about the status and status of these four companies, so they are not sure whether the project can be implemented. So they went to Zhongcheng Institute and asked lawyers to conduct due diligence on the four companies to be merged, and at the same time entrusted two well-known accounting firms and appraisal firms in the industry to conduct asset mapping and evaluation. After receiving the entrustment, lawyer Cao, who is a party member, led the four key lawyers of the firm to study and formulate a thorough investigation plan and investigation outline. during the implementation of the project, lawyer Cao gave full play to his macro-grasp ability, convened meetings from time to time between the lawyers of the firm and the intermediary agencies employed in the project to study and deal with various situations arising from the investigation, adjusted the focus and direction of the investigation in a timely manner, and finally completed the project. The superb business literacy, skills and professionalism shown by the lawyer team led by Lawyer Cao in this project have been highly appreciated by the relevant leaders and clients of the Zhangqiu Municipal Government.

    assiduously study business to strengthen the ability to serve the economy and society

Lawyer Cao pays attention to the accumulation of experience and theoretical research in the process of handling cases. He actively participated in professional training activities organized by Jinan Bar Association and other relevant institutions, and successively participated in administrative litigation evidence, securities legal business norms, judicial interpretation of commercial housing transactions of the Supreme Court, administrative licensing law, bankruptcy law, and so on. He conscientiously studied legal knowledge related to lawyers' practice, enhanced professional skills, broadened his horizons, and made a good knowledge reserve for handling new legal affairs. In the process of handling the case, Lawyer Cao pays attention to elevating the relevant legal issues encountered to a theoretical level for analysis and research and applying the research results to the business in a timely manner. A Hong Kong group company has invested in several wholly-owned or holding companies in several cities in Shandong. According to Hong Kong's practice, the funds of several affiliated companies are often transferred to each other. When there is an investment dispute with the local government, a Hong Kong company is sometimes filed or threatened by the local public security organ on suspicion of withdrawing capital or misappropriating funds. Therefore, lawyer Cao analyzed, summarized and studied the relevant scenarios and laws, the paper "Research on some legal issues of the crime of withdrawing capital contribution" was provided to the Hong Kong businessman, so that the Hong Kong businessman could avoid the corresponding legal risks in the future investment and management. Lawyer Cao's spirit of excellence and high responsibility has won the high appreciation of customers. Since joining Zhongcheng, lawyer Cao has actively participated in the theoretical seminars organized by the Law Association over the years, paid attention to the improvement of his business theoretical level, and wrote several papers. Among them, "legal regulation of non fair related party transactions of listed companies" won the second prize of Shandong Lawyers Forum in 2006; "legal risk management and risk of enterprise intellectual property rights" won the third prize of the first state owned assets forum in Shandong Province in 2006.

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