Chapter 22 I wrote "The President's Trap"

In 1979, when I was still in the first and second grades of junior high school, the first "Criminal Law" and "Criminal Procedure Law" of the People's Republic of China were promulgated and implemented.At that time, I had read the provisions of these two laws in newspapers, and left a preliminary impression of the laws. In July 1984, after graduating from high school and taking the college entrance examination with a "literary dream", my first choice was naturally Chinese, and my second choice was law.My college entrance examination scores were just below the first voluntary admission threshold, so I was admitted to the Law Department of Northwest University of Political Science and Law. Since then, I have forged an indissoluble bond with law.

Learning law is naturally inseparable from analyzing and studying various cases.After graduating from university, I independently chose the challenging profession of being a lawyer.Even though I was young when I first became a lawyer, I still had to bear the heavy burden of sharing worries for others.Especially when serving as a corporate legal advisor, one must try to appear well-informed, rich in knowledge and experience.For this reason, I have to pay attention to various hot issues in the society from time to time, pay attention to the management issues of enterprises and various related judicial cases.

Since 1994, I have served as a full-time legal consultant and manager of the legal affairs department of many large enterprises.During this period of work, I am fully responsible for the legal affairs of the company where I work, and I am directly responsible to the general manager of the company under the direct leadership of the general manager of the company.So I not only have a direct feeling and understanding of the business management and other issues of the enterprise, but also personally feel the concept and understanding of the law of the business leaders. During this period of work, my most obvious feeling is that when the enterprise is at its most "brilliant", entrepreneurs basically have almost no legal concepts, and enterprises hardly pay attention to the role of lawyers at all.When an enterprise is in decline, in the face of numerous lawsuits and disputes, enterprises and entrepreneurs have to pay attention to the role of lawyers, but at this time, no matter how powerful the lawyers are, they are often unable to recover, let alone bring the enterprise back to its former glory The "brilliant".

It is also because of this that many companies have made many people rich when they were "brilliant", even if these people do not have much culture and quality.And as a lawyer, when many companies were in the most difficult time, I solved many legal problems under various pressures, but in the end I got nothing, and I had to find another way out with the decline of the company.This is not only the sorrow of those companies, but also my sorrow as a lawyer.As a result, I have to constantly think about what kind of lawyers do companies and entrepreneurs need?What exactly can lawyers do for businesses and entrepreneurs?What kind of professional relationship should lawyers and entrepreneurs establish?

At this time, I didn't think that I would write a book like "The President's Trap" in the future, but these experiences and thoughts undoubtedly laid a good and solid foundation for me to write "The President's Trap". As early as 1991, when Yu Zuomin and Daqiuzhuang were the most "brilliant", I had already had three years of working experience as a lawyer, and I thought that Yu Zuomin and Daqiuzhuang should have their own best lawyers to handle their encounters. Various legal issues encountered, and even after that, I occasionally thought of resigning and "going to the sea" to seek a job in Daqiuzhuang.

In 1993, when the news of Zhuang Yuzuomin's "accident" in Daegu was reported, I was very shocked that some premonition I had had unfortunately came true.As a result, the tragic case of Yu Zuomin was deeply recorded in my mind. Since then, the debate on whether Mou Zhongzhong is "the richest man or the first cheater", the discussion on the so-called "59-year-old phenomenon" caused by Chu Shijian's case, and the issues of listed companies caused by Hongguang Industrial, Qiong Minyuan, etc., etc., I have been given a high degree of attention.I have seen many economists, management experts, and financial journalists make various analyzes and evaluations of the above-mentioned people and companies, but I have rarely seen reports that analyze the failure of these entrepreneurs from a legal perspective.And what I am most concerned about is what crimes they are finally found to constitute and what the court finds their crimes are.

In 2003, I left the company and registered in Shenzhen to work as a full-time lawyer again.Facing the brutal competitive pressure in the legal industry, I hope that my nearly ten years of work experience in the enterprise can be recognized by the society, so I took the initiative to collect and sort out many cases of well-known entrepreneurs who were involved in criminal offenses, as well as entrepreneurs involved in various fields. This kind of legal affairs caused unnecessary disputes and even life-threatening cases, which are intended to be used as reference materials for entrepreneurs.However, while collecting some past cases, new cases continue to occur.In recent years, almost every month, several cases of entrepreneurs involved in legal problems are reported, which can almost be said to be successive and continuous.Many famous entrepreneurs have had very brilliant moments.However, once they encounter legal scrutiny, all their brilliance will be wiped out, and they will also pay the price of losing their freedom and even their lives.So many entrepreneurs have fallen into the quagmire of criminal offenses. This is not only the tragedy of Chinese entrepreneurs, but also the tragedy of Chinese law.

Judging from media reports, many experts and scholars have analyzed the root causes of these entrepreneurs' failures from the aspects of operation, management, capital, talents, and marketing strategies. In my opinion, most of these failed or fallen entrepreneurs ended up with Going into prison is the end, and being in prison is closely related to the law, so it should be said that the ultimate and most fundamental root cause of their failure or fall is legal issues.Unfortunately, the media seldom analyzes the root causes of these entrepreneurs' failures from the legal aspect.In the face of this very prominent phenomenon of entrepreneurs being involved in criminal offenses, I seldom see my fellow lawyers speak out.Even if some lawyers have very pertinent opinions and suggestions, they are often submerged in the analysis and demonstration of numerous economists and management experts, and are rarely paid attention to by the media.After reading too many such cases and reports, I always feel that there is more to say.This feeling is stuffy in my chest, and I always suppress myself, always wanting to vomit quickly.

At the end of 2005, I handled a so-called "underworld" illegal debt collection case involving fraud.After handling this case, I would like to remind entrepreneurs about the legal risks related to illegal debt collection in combination with this case.So I drafted a "lawyer's reminder" and sent it to friends in the business world through email and the Internet.After the reminder was issued, some friends replied to express their gratitude.But generally speaking, it has not attracted much attention.After reflection, I think it is very likely that this problem is too small, and this reminder is not closely related to the business management of entrepreneurs.So I want to continue to write some articles like "Lawyer Tips", and mainly write in conjunction with the content of business management.In order to make such suggestive articles easy to understand, I refer to CCTV's "Focus Interview" and "Today's Statement" columns to write in a case-by-case manner, and mainly cite the cases of well-known well-known entrepreneurs.

After going through the nearly 100 cases I collected involving entrepreneurs and rearranging the categories, I soon identified more than 20 key points.In the next few months, I sometimes wrote two or three articles a week, and sometimes wrote an article in two or three weeks, completely immersed in the cases of various legal risks of entrepreneurs.By April 2006, the book "The President's Trap" had basically taken shape.When the writing is basically completed, I look back at the articles I have written. Even I am shocked. In recent years, so many entrepreneurs have been imprisoned one after another and fell under the sword of the law. It's a bit spectacular, and it's really rare like never before!

Although the book "The CEO's Trap" has been finished, the issues about the legal risks and prevention of entrepreneurs caused by it have made me think deeply again. Since the reform and opening up, with the development of my country's economy, entrepreneurs have emerged and grown continuously. The media and public opinion have created many entrepreneur stars, and all sectors of society have also given entrepreneurs a lot of attention. Unfortunately, our society does not pay enough attention to the legal issues surrounding entrepreneurs.For lawyers who are professionally engaged in legal services, even if they notice this problem, it is difficult to make their voices heard.Under such circumstances, entrepreneurs will inevitably develop a mentality of ignoring or even contemptuous of laws and lawyers.Objectively speaking, many entrepreneurs in our country still have a superficial understanding of the law and pay little attention to lawyers.They lack due respect for the law and the necessary reminders of lawyers' honest advice, so they are prone to make mistakes of overconfidence, blind optimism and even self-righteousness, until they embark on the road of breaking the law and committing crimes.Because of this, the story of entrepreneurs' prosperity and decline, and extreme joy and sorrow is still being repeated. At present, many entrepreneurs in our country have not developed the habit of consulting lawyers and conducting legal risk assessment for major decisions.When they think about problems and make decisions, they will habitually consider the various "relationships" they can use and the huge benefits they may obtain, but they often ignore the provisions of the law and potential legal risks. The trap that lays the groundwork for legal risks. As the saying goes, "an official with an iron-clad yamen".To apply this sentence, it can also be said that "the 'relationship' of iron-clad legal flow".It is not difficult to judge from this, which is more important for entrepreneurs, the law or the "relationship". Entrepreneurs run and manage enterprises, naturally there are various risks.Regardless of whether an entrepreneur fails in operation or management, the biggest price he pays is the bankruptcy of the enterprise.However, we have many entrepreneurs who did not bankrupt their companies, but eventually "bankrupted" their lives.Entrepreneurs imprisoned for criminal offenses are not entrepreneurs' failures in operation and management, but entrepreneurs' biggest failures in legal issues.The failure of entrepreneurs in legal issues is far greater than the failure in operation and management, and the price they pay must be much higher than the cost of enterprise bankruptcy.This kind of failure is also the most unaffordable price for entrepreneurs.Just as Qin Shuo, editor-in-chief of China Business News, said in the preface to "The CEO's Trap": "Entrepreneurs will go through ninety-nine and eighty-one difficulties and pay unimaginable prices for ordinary people. However, they should not and will Can't afford it—the price of freedom, the price of lives, the price of safety." Many entrepreneurs, when they are at their most brilliant, are surrounded by dignitaries and dignitaries to help them, and lawyers cannot be involved.However, when he was in prison, those dignitaries who used to surround him were afraid to avoid him, so he had to pin all his hopes on the lawyer.At this moment, even if the lawyer has the conditions to go to the detention center to meet, there are often many restrictions and helplessness.Even if lawyers use all their skills, it is difficult for most entrepreneurs to restore their freedom.Many fallen entrepreneurs did not deeply appreciate the importance of the law until this time, and only then did they truly understand the role of lawyers.But it was too late.If I knew today, why bother? Gao Guocai, member of the Standing Committee of the National Committee of the Chinese People's Political Consultative Conference, emphasized in the preface to "The CEO's Trap" that lawyers are indispensable think tanks for modern entrepreneurs.That's exactly what happened.Being a lawyer is not only a profession, but also a quality and a quality.The wisdom of lawyers is a kind of wisdom that entrepreneurs cannot ignore.Many domestic entrepreneurs who have dealt with entrepreneurs in Western developed countries know that Western entrepreneurs often consult lawyers for legal advice whether they are negotiating, drafting or signing contracts, or making decisions. An indispensable think tank in the process. Our country still has a long way to go in the process of moving towards the rule of law.Entrepreneurs today especially worship power, and they are also closely related to power.However, power is a double-edged sword for entrepreneurs.It can either send an entrepreneur to heaven or hell.As a lawyer, for an entrepreneur, he is the protector of the entrepreneur and the firewall of the enterprise, and cannot be the disaster star of the entrepreneur.Therefore, I think entrepreneurs should be called upon to pay due attention and respect to lawyers.This is also one of my motivations and purposes for writing this book. For lawyers, there are many lawyers who can represent lawsuits in my country, but there are still very few lawyers who can assist entrepreneurs and various parties in making decisions.It can be said that the frequent downfall of entrepreneurs also poses a severe challenge to Chinese lawyers.While proposing 18 legal tips to entrepreneurs, I also hope that our lawyers can provide more legal tips to the society and people from all walks of life, including entrepreneurs.Only in this way can Chinese lawyers better integrate into all aspects of our social life and win more respect from all walks of life. In terms of business management, we can introduce advanced foreign management theories and concepts, but in terms of legal awareness and legal practice, we cannot introduce ready-made advanced things from abroad to apply.Because each country's legal system and legal environment are unique, it is impossible to copy other countries.Therefore, the formation of a situation of interdependence, mutual promotion, mutual development, scientific division of labor, and close cooperation between Chinese entrepreneurs and Chinese lawyers still needs the joint efforts and adaptation of Chinese entrepreneurs and Chinese lawyers. "The CEO's Trap" gathers the wisdom of the author's 18 years of working as a lawyer and corporate legal affairs.It is hoped that this book can not only reveal the 18 legal traps in the management of entrepreneurs, but also play a role in bringing together good cooperation and interaction between Chinese entrepreneurs and Chinese lawyers.