Exclusive Interview with Humanities | Dong Xiaohua: Accusations and Debates Change, Beliefs Remain

2021 12/08


In July 2021, Gaopeng Law Firm welcomed a group of criminal lawyers, including Dong Xiaohua. Lawyer Dong is a knowledgeable post doctoral candidate in management at the University of the Chinese Academy of Sciences, a doctor of criminal law at Beijing Normal University, and a master of constitutional and administrative law at Peking University. Previously, he worked in procuratorates at the municipal and urban levels in Beijing for 18 years. Lawyer Dong focuses on criminal defense, criminal prosecution, and compliance businesses. Today, let's take a look at her story~

 

The fate with Gao Peng has just begun, and the development of the criminal team has been supported

 

After joining Gaopeng for nearly half a year, Lawyer Dong likes the cultural concept of "integrity and professionalism" in the institute. "Gaopeng has a very close partnership, no barriers to communication, and a more harmonious atmosphere. In particular, the law firm strongly supports the development of our criminal team, creating various conditions for us. I have not been in the legal profession for a long time, and there are still many things to learn. Gaopeng has many senior partners with more than 20 years of practice experience, and I hope to have the opportunity to communicate and learn more with them."




2019 Academy Scholarship Award Ceremony of Peking University Law School

 

Former "Top 10 Public Prosecutors" and "Excellent Debaters" Abandoned Public Service to Become Lawyers

 

After graduating with a master's degree, Dong Xiaohua joined the Beijing procuratorial organ and worked for 18 years at the district and municipal levels, respectively in the public prosecution department and the review and arrest department for 9 and 7 years. During my work in the Law and Policy Research Office, I received a doctorate in criminal law. When asked about the honor during his public service, Lawyer Dong said, "The highlight of being a prosecutor should be to win two 'Top Ten Prosecutors' and' Excellent Debaters' in Beijing. This is the most valuable professional competition within the procuratorate, held every three years, and is an assessment of the overall skills of prosecutors."

 

Lawyer Dong's path as a prosecutor has been smooth, and he has worked diligently. For ordinary people, it has been perfect to walk on this path for a lifetime. However, Lawyer Dong made a bold decision to abandon public office and become a lawyer. "At the age of 42, I suddenly realized that, in the middle of my life, will I continue to repeat myself in my next career? In recent years, the popular phrase 'Get out of the comfort zone' has generated an impulse and desire to get out of the system. At that time, I was already the head of the business department and a member of the procuratorial committee, and I also had some internal entanglements and hesitation, but after thinking for a period of time, I refused to hold on and reluctantly gave up the company that many people admired "To become a free person without security or dependence."



Lawyer Dong visited the Metropolitan Museum of Art in New York


A good legal environment needs to be jointly maintained by legal personnel

 

The rule of law has always been on the way, and there are significant differences in the judicial environment and level of law enforcement across regions. Rational and civilized communication often represents the high-quality and highly capable local judicial personnel and a good legal environment. "Lawyer Dong said, 'I have handled a contract fraud case involving 100 million yuan in a southern province and firmly defended my innocence. The victim is a large state-owned enterprise in the local area, and it is said that the municipal party secretary has approved the case. However, after careful review, the procuratorate withstood pressure from all parties, and still did not prosecute the suspect.'"

 

In another case, there were many obstacles to handling the case, and lawyer Dong's defense path was unusually bumpy. He was deeply saddened when he mentioned this case. "I handled a fraud case in a central province where the suspect was a retired attorney general and the victim was a retired veteran cadre. Two suspects have been convicted of fraud for this matter, both with terms of imprisonment of more than 10 years. However, neither the two criminals nor the victim identified my client as participating in the crime, and the procuratorate insisted on prosecution without evidence. At the moment I saw the indictment, I was very collapsed! This is not an indictment, it is simply small Say. Without any evidence to support it, he actually compiled a pile of facts and proposed an 11-year sentencing proposal! "During the court trial, we repeatedly applied for the victim and two convicted criminals to testify in court, but failed." According to lawyer Dong, the case was convicted of fraud in the first instance, with a sentence of three and a half years. Although the judgment is much more objective than the indictment, the defendant and the defender unanimously request an appeal. In the second instance stage, the defender communicates with the judge to indicate the problem and persuade the judge to hold a court session. During the court session, the prosecutor submitted a new record of the victim, directly denying one of the two acts identified in the first instance judgment. The other was also doubtful. As long as the judge made a written record with the convicted criminal again, everything could be clarified, but the judge delayed in taking action. It is very sad that the second instance of the case was upheld. The parties and their families have prepared a complaint.

 



Lawyer Dong participates in the activities of the Criminal Defense Alliance


A "strong woman" in the criminal field, a true perfectionist

 

Lawyer Dong has an extroverted personality, is courageous, dares to gnaw hard bones, and can endure hardships. It is best to describe her as a "strong woman". "Last year, I accompanied a client from Shenzhen to Anhui to surrender. At 6:00 pm, the police took her to take a written record. I was waiting in the public security bureau hall, but I thought it would be over in a few hours. Who knows, there was no news when I went." In November, the chill in Anhui hit, and lawyer Dong was sleepy, cold, and anxious at the scene. The guard on duty was very kind and poured hot water for lawyer Dong, so she carried the cold and waited all night. "It wasn't until noon the next day that the police informed me to go through the procedures of obtaining a guarantor pending trial, and a stone finally fell in my heart. As long as I can accompany the client home smoothly, it's worth the pain."

 

Lawyer Dong is also a very competitive person who always wants to be perfect in doing things and wants to be recognized by others. "After becoming a lawyer, I have devoted myself wholeheartedly to every case and strive to maximize the interests of the parties. Whenever a case achieves an ideal result and I hear the gratitude of the parties and their families, I am particularly gratified and excited."

 



awyer Dong trained in Jinggangshan


The role transition between prosecutors and lawyers, from hatred of evil to forgiveness and compassion

 

The transformation of identity requires not only courage, but also a game of psychological state. "Although both prosecutors and criminal defense lawyers handle cases, there is a significant difference. People with poor psychological quality and adaptability cannot become lawyers. Public prosecution is only a part of the litigation process, which is executed in accordance with the division of labor and procedures, and each person assumes its own responsibility." Dong said, "Lawyers are different. From investigation to the end of the trial, they are fighting alone from beginning to end. Studying the case and writing legal opinions are the least stressful parts. Communicating with the public prosecutor and the law is challenging, while communicating with the client and their family members is a test of patience and perseverance. When a case is handled quickly for several months, but slowly for several years, various situations may occur, and no one can share them. Only one person can handle it."

 

The change in profession has also led Lawyer Dong to change his views on the parties to the case. "After I became a lawyer, there is still a significant change. I no longer have a principled hatred of crime. In the past, when I was a public prosecutor, I really hated evil like hatred, and no matter what the reason for the crime, I cannot forgive it, and it is not worth sympathizing with. But now, this is not the case. Many crimes have compelling reasons and pains behind them, and some are really innocent."

 


Lawyer Dong and his son are in Hemu Village, Xinjiang


Meet Yoga and Meet Your Best Self

 

Zen space, soft music, and one of lawyer Dong's hobbies is yoga. "I don't have much interest, and the only hobby I can stick to for many years is yoga. Because yoga can calm me down, stretch my body, empty my brain, and temporarily rest my body and mind." Yoga practice must be focused, which can mobilize all the senses of the body, concentrate on my thoughts and breath, and devote myself wholeheartedly to the practice. Lawyer Dong said, "This is just like handling a case by a lawyer. Only by devoting oneself and mobilizing all the wisdom, courage, and perseverance can we achieve the desired result."

 

In an ordinary world, everyone can live an extraordinary life

 

"We can be ordinary, but we must not be ordinary!" This sentence comes from Lu Yao's book "The Ordinary World", which is also a book recommended by lawyer Dong Xiaohua. "I have read it in high school, and I have been in my heart since now. I have read it several times later, and still feel excited. It seems that the book describes my life and growth, and there has never been a book with such a strong sense of substitution," said lawyer Dong. The desire for a better life, the inexhaustible and vigorous upward force in the book, excites us. Although realistic dilemmas often make people helpless and helpless, in the process of constantly compromising with life, it is also necessary to embrace hope with kindness and tolerance.

 

From a prosecutor to a criminal defense lawyer, Dong Xiaohua has experienced and enriched her life with different choices, and each choice has been so calm and calm. Especially on the path of criminal defense, she has interpreted her life with great variety. Gorgeous turn around, what changes is professional identity, and what remains unchanged is the belief and original intention to pursue the path of the rule of law!


(This article is translated by software translator for reference only.)

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