From Country Life to the Courthouse

By staff reporter XIAO QIAO

Being of a certain age, Yue Cheng has seen dramatic changes in China over the past few decades. Unlike many of his contemporaries, however, throughout these eventful years he has remained master of his own fate. Yue has advanced alongside the nation in his successful changes of occupation from that of farmer to lawyer to president of a law firm.

Humble Origins

Yue Cheng was among the Chinese students that graduated from high school in 1966, the year the disastrous “cultural revolution” began. One of the calamities the movement inflicted on the nation and its people was that of suspending the college entrance exam. This, in effect, killed the hopes of a whole generation of young Chinese people hoping to get to college on the basis of merit rather than relationships until the “cultural revolution” ended ten years later. Yue Cheng, as son of a farmer in Hailun County in Heilongjiang Province, was left with no option but to plow the field for a living.

Things began to change at the end of the 1970s. In 1979 the legal system resumed, and the Judiciary Department of Hailun County planned its first exams to recruit lawyers. Yue, known among his friends for his rhetoric skills, was encouraged by them to apply. Aware that the chances of someone such as him, with little knowledge of the law, passing a lawyers' exam were slim, he nevertheless decided to have a try. After fanatically studying law during the time available, he passed the exam and went on to take an intensive course for lawyers sponsored by the province. When, two months later in April 1980, it ended, Yue embarked upon his quest to be a good lawyer in his hometown.

The first case Yue handled was that of prosecuting a farmer who stole a cow from his production brigade - rural residents' base-level administrative unit at that time. As he began working on more lawsuits, Yue realized that he was far from adequately conversant with the job, as he was constantly embarrassed by his inability to answer clients' questions. It was obvious to him that he needed more study.

In 1983, 35-year-old Yue Cheng registered for a correspondence course run by the Law Department of Jilin University. At that time Yue was the sole breadwinner for his wife and four children, and college study put considerable extra strain on the family finances. He would walk to college to save his five-cent bus fare and spend it on ice-lollies for his children. His efforts were rewarded five years later, when he obtained a bachelor's degree in law. By the time he had been practicing law for eight years, Yue had made a name for himself in the region.

National Fame

Yue Cheng began to be known outside of the province after defending Qin Baoshan, who was convicted of dereliction of duty after the 1987 fire in the Greater Hinggan Mountains. During the court hearing, Yue raised more than 50 points of defense, and argued cogently and pointedly with the prosecutor for more than five hours. The final verdict was guilty, but Yue's closing argument was later included in the Complete Collection of Chinese Legal Document Samples .

Yue's fellow residents of Hailun County were soon savoring the benefits of having a famous lawyer in their midst. In 1988 Yue Cheng won the case between the county's transportation department and a construction company that failed to build a road financed locally raised funds. The company was made to pay RMB 1.7 million in indemnity for breaking the contract, and the people of Hailun have since hailed Yue Cheng as the man that “saved their street.”

As his reputation soared, Yue Cheng made sure he still had time to help the disadvantaged, particularly poor farmers. He explained: “I am still fundamentally a farmer, and so feel close to others. People don't come to a lawyer unless they are in trouble, and if I cared only about money and took advantage of their hardship, my conscience would trouble me.”

Yue Cheng founded a law firm in his name in 1993, and during its first eight months of operation its revenue exceeded RMB one million. Yue was chosen as one of the top 10 lawyers of Heilongjiang Province in 1994, and of China in 1995.

Expansion Overseas

After his business in Heilongjiang began to prosper in 1996, Yue Cheng made the bold decision to move to Beijing. In order to get a foothold in this highly competitive market in the capital city, Yue's office took on cases of all magnitudes. One was that of a migrant worker who had lost two fingers in the workplace and whose boss refused to compensate him. After all the unfortunate plaintiff's efforts had failed, he came to Yue Cheng as a last hope. Yue offered him free legal aid, and eventually succeeded in getting him a just award.

Yue Cheng has featured in some of China's most famous trials in recent years. In 1997 he successfully represented Xu Shuhua, writer of the nationally popular song Liuyang River, in a copyright lawsuit against several audio and video companies. In 1998 he was hired as the defense lawyer for the Workers' Daily in a libel lawsuit brought against it by a company leader whom the newspaper criticized in one of its reports. The case captured nationwide attention, being the first ever defamation case against public media to be heard in China despite procuratorial protest. Although the newspaper lost the case, Yue's excellent performance throughout the 12 hours of two court hearings promoted thoughts and opinions on free press.

After two years of practice in Beijing, Yue Cheng was voted the best known lawyer in the capital in a 1998 poll conducted by the Horizon Research Consultancy Group commissioned by Beijing Judiciary Bureau. During his career of 26 years, Yue has handled more than 1,000 cases, and worked as legal consultant for 180-odd government departments, social organizations, companies, institutes and media.

Yue's law firm now has six branches with a staff of over 100. In January 2006 he opened an office in New York, marking the crowning achievement of his career, following those of working in his county in 1976, moving to the provincial capital in 1986 and opening his own firm in Beijing in 1996.

A Family of Lawyers

Yue Cheng always feels a similar sense of duty towards his clients as he does towards his children. He thinks of a successful man as one that works conscientiously and raises his children so that they may be useful to society. As he hoped, all four of his children have become lawyers and work at his firm.

“I have been a lawyer for more than 20 years, and witnessed the legal and democratic progress in China since opening up and reform. Despite the flaws in the legal system, China is marching in the right direction toward the rule of law, and the law business has bright prospects.” This belief is the force that sustains Yue Cheng's dynamism and passion for his job that inspires the people around him. After coming into contact with Yue over a rights infringement case, famous talk show host, Cui Yongyuan, commented: “I learned a lot from the case. At the moments I felt perplexed and often depressed, Mr. Yue encouraged me to have faith in the law despite the faults and misfeasances of certain grassroots court and judges.”

To promote the conception of law, Yue Cheng gives lecturesaround Chinese universities. He is the visiting professor to several, such as the preeminent Peking and Tsinghua Universities. In 2003 he established foundations in the law schools of six well-known universities totalling RMB 1.2 million, and has promised to give a further RMB 100,000 each year. In 2004 he donated RMB 100,000 to the No.1 Middle School in his hometown Hailun County. Yue also extends free legal aid to needy people, including farmers from Heilongjiang Province who work in Beijing.

No single person can change the course of history, but Yue Cheng knows that every person's effort counts in China's process to become a nation of law and democracy.

 

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