Embracing the vast and mastering the meticulous | 张庆方眼中的何兵同学

张庆方

7/6/202412 min read

今天是我博士同学何兵教授的六十大寿,这一天,正在和我一起辩护昌图刘振国涉恶案的老何,是在辽宁省朝阳市中级法院的法庭上度过的。

Today is the 60th birthday of my doctoral classmate, Professor He Bing. He spent the day in the courtroom of the Intermediate Court of Chaoyang City, Liaoning Province, defending the Changtu Liu Zhenguo case with me.

我为此嘲笑他:法治已如此,垂老不得闲。

I teased him about it: "So it goes with the rule of law, no rest for the weary even in old age."

何兵和我是北大法学院1998级同班同学,我是刑法专业,他是行政法学专业。清华法学院的何海波教授,当时就与何兵一个宿舍。

He Bing and I were classmates from the 1998 class at Peking University Law School, I specialized in criminal law and he in administrative law. Professor He Haibo of Tsinghua Law School was his roommate at the time.

这俩都是存在感极强的同学,读书期间,他们一起代理了著名的刘燕文诉北大案。

Both were prominent figures among our classmates, and during their studies, they jointly represented the famous case of Liu Yanwen vs. Peking University.

刘燕文是北大无线电电子学系博士生,主攻方向为电子物理,导师是以吴氏理论著称于世的光电阴极专家、中国科学院院士吴全德。

Liu Yanwen was a doctoral student in the Department of Radio Electronics at Peking University, focusing on electronic physics, under the supervision of Wu Quande, an expert in photoelectric cathodes well-known for Wu's Theory and an academician of the Chinese Academy of Sciences.

刘燕文的博士论文《超短脉冲激光驱动的大电流密度的光电阴极的研究》在答辩委员会全票通过,在北大学位评定委员会电子学系分会的审查时,因为其中一位委员和他的导师吴全德院士有矛盾,投票结果是13位委员中12票赞成,1票反对,恰好这位投反对票的委员也是校学位委员会成员,他在校学位委员会最终评定时,说了刘的论文的坏话,导致刘燕文的论文没有通过,不授予博士学位(北大学位评定委员会委员共计21位,对刘的论文进行审查时到场16位委员,6票赞成,7票反对,3票弃权)

Liu Yanwen's dissertation"Research on High Current Density Photoelectric Cathodes Driven by Ultra-short Pulse Lasers" was unanimously passed by the defense committee. However, during the review by the Electronic Department of Peking University's Degree Committee, due to a conflict between one member and his advisor Wu Quande, the vote was 12 in favor and 1 against. This dissenting member, also a part of the university's degree committee, spoke ill of Liu's dissertation during the final evaluation, leading to its rejection and the denial of his PhD degree (the committee had 21 members, with 16 present during the review: 6 in favor, 7 against, 3 abstained).

刘燕文为此将北京大学起诉到海淀区人民法院,代理人为我们的何兵与何海波同学,他们一使劲,还真把主审的女法官饶亚东给说服了,导致北大败诉。

Because of this, Liu Yanwen sued Peking University at the Haidian District People's Court, with He Bing and He Haibo representing him. They managed to persuade the presiding judge, Rao Yadong, resulting in a loss for the university.

何兵和何海波的逻辑是:《中华人民共和国学位条例》第10条规定:学位论文答辩委员会负责审查硕士和博士学位论文、组织答辩,就是否授予硕士学位或博士学位作出决议。决议以不记名投票方式,经全体成员三分之二以上通过,报学位评定委员会。学位评定委员会负责审查通过学士学位获得者的名单;负责对学位论文答辩委员会报请授予硕士学位或博士学位的决议,作出是否批准的决定。决定以不记名投票方式,经全体成员过半数通过。决定授予硕士学位或博士学位的名单,报国务院学位委员会备案。这里的作出是否批准的决定,经全体成员过半数通过,被何兵解释成:北大学位委员会决定授予刘燕文学位,赞成票要过半数,同时,决定不授予学位,反对票也要过半数,这才是学位条例中是否批准的决定需要全体成员过半数通过的原意。

He Bing and He Haibo argued that according to Article 10 of the "Regulations on Academic Degrees of the People's Republic of China", the thesis defense committee is responsible for reviewing master's and doctoral theses and organizing defenses to make decisions on granting degrees. The decision, made by anonymous voting, requires the approval of over two-thirds of all members, reported to the Degree Committee. The Degree Committee oversees the list of bachelor's degree recipients and decides on the approval of master's and doctoral degrees, also by anonymous voting and requires a majority of all members. He Bing interpreted this as meaning that “The Peking University degree committee's decision to award Liu Yanwen a degree requires more than half of the votes in favor, and similarly, the decision to deny a degree requires more than half of the votes against. This is the original intent of the degree regulations, which require a majority of all members to pass a decision on approval.”

但在刘燕文诉北大案中,校学位评定委员会共有21名委员,对刘燕文论文的反对票只有7票,远未达到全体成员(21位委员)的半数,甚至没有达到出席人员(16)的半数,因此不能作出不批准的决定。故作出对其拒绝授予博士学位的决定于法无据。

However, in the case of Liu Yanwen vs. Peking University, the university's degree committee had 21 members, and there were only 7 votes against Liu Yanwen's dissertation, which did not constitute a majority of all committee members (21), nor of those present (16), therefore, the decision to deny the doctoral degree was legally unfounded.

何兵获得胜诉结果后,称这一判决让司法的阳光照进了学术的殿堂,将学校决定学生命运的行为和结果置于司法审查的范围,是一个划时代的判决。

After winning the case, He Bing remarked that the judgment "brought judicial sunshine into the halls of academia," placing the actions and outcomes by which schools determine students' fates under judicial scrutiny, marking an epoch-making decision.

对此我则嗤之以鼻,我虽然同情刘燕文,但却是坚定的大学自治论者,我认为,一个大学是否授予某个学生学位,如果都没有自主权,其危害比单纯的某个学生的不公正待遇要严重得多。

However, I scoff at this, and while I sympathize with Liu Yanwen, I am a staunch advocate for university autonomy. I believe that if a university lacks the autonomy to award degrees, the harm is far greater than the unfair treatment of any single student.

而且,我特别不能接受何兵解释学位条例第10条的方式,学位委员会作出是否授予学位的决定,以全体成员过半数通过,如果能解释是通过要赞成票过半数,不通过反对票也要过半数,把弃权票考虑在内,就会出现既不是通过,也不是不通过的无效投票情形。

Moreover, I particularly cannot accept He Bing's interpretation of Article 10 of the degree regulations. The degree committee's decision on whether to grant a degree must pass by a majority of all members. If it is interpreted such that approval requires a majority of affirmative votes and disapproval a majority of negative votes, considering abstentions, it would result in a scenario where the vote is neither valid for approval nor rejection.

这在法律解释学上,是不应该允许的。所以,我们当时在北大法学院组织了一次专门讨论刘燕文诉北大案的沙龙,把本案主审法官饶亚东也请来了。

This should not be permissible in legal interpretation. Therefore, we organized a special salon at Peking University Law School to discuss the case of Liu Yanwen vs. Peking University, and invited the presiding judge, Rao Yadong, to join us.

当着何兵、何海波和饶亚东的面,我痛斥他们这种曲解法律的方式,不但不能让司法的阳光照进学术的殿堂,反而会使本案因为对法律的肆意曲解,成为中国法治史上的一个无数次被提起的反面案例。

In front of He Bing, He Haibo, and Rao Yadong, I criticized their method of misinterpreting the law, arguing that not only does it fail to bring "judicial sunshine" into academia, but it also makes the case a repeatedly cited negative example in the history of China's legal governance due to its arbitrary distortion of the law.

我同时又引用张明楷教授的书《法律不是嘲笑的对象》中的案例:英国曾经有一条法律规定:任何已婚之人在其前夫或者前妻生存期间同另一个人结婚的,构成重婚罪。

At the same time, I referenced an example from Professor Zhang Mingkai's book "The Law is Not an Object of Derision": There was once a law in England that stated, "Anyone married who marries another while their former husband or wife is still alive commits bigamy."

显然,这里的前夫前妻的用语很不恰当。但是司法中,没有哪个法官、检察官和律师有意从字面解释法律,把离婚后又结婚的人定成重婚罪。

Clearly, the terms "former husband" and "former wife" are inappropriate here. Yet in the judiciary, no judge, prosecutor, or lawyer intentionally interprets the law literally to classify someone who remarries after divorce as committing bigamy.

因此,法律不能被曲解成无效,应该是法律解释的基本原则。何兵式投票论解释,必须严厉批判。

Therefore, the law should not be distorted into invalidity; this should be a basic principle of legal interpretation. He Bing's theory on voting must be severely criticized.

此后,我对何兵同学的批评,就有点多。我读硕士时,贺卫方老师从法大调到北大,极受学生欢迎,但是,在北大干了两年后,因为对北大职称评定中的一些形式主义不满,加上当时刚成立的清华法学院向他频频招手,贺老师就萌生了转会清华的意思。

Since then, my criticism towards my classmate He Bing increased. During my master's studies, Professor He Weifang transferred from the China University of Political Science and Law to Peking University, where he was very popular among students. However, after two years at PKU, dissatisfied with the formalism in the university's title evaluation, and attracted by the newly established Tsinghua Law School, Professor He considered transferring to Tsinghua.

我们同学自发地积极挽留,其中出力最大的是何兵,由他执笔,写了一封文采风流又深情款款的挽留信,我们好多同学都签了名。

Our class spontaneously and actively sought to retain him, with He Bing taking the lead. He drafted an eloquent and heartfelt letter of appeal, which many of our classmates signed.

可以说,如果没有当时何兵这封信,以后的北大法学院院史,和清华法学院院史,以及贺老师本人的经历,都会有很大的不同。

It can be said that without He Bing's letter at that time, the histories of the Peking University Law School, Tsinghua Law School, and Professor He's own career would have been significantly different.

对老何这封信,我也是认可的。但是,北大的学生一个个牛逼哄哄,相互之间是不服气的。我就指着其中的一句北大之后,还有清华。清华之后,何枝可依?女虽不爽,士贰其行。千古遗训,不可不察嘲笑老何用词不当。

I also approved of He Bing's letter. However, students at Peking University are all proud and competitive. I pointed to one phrase in the letter, "After PKU comes Tsinghua. After Tsinghua, where else can one turn? The woman has some fault, while the man’s behavior is inconsistent. This ancient admonition cannot be ignored," and teased He Bing for his inappropriate choice of words.

不论如何,在校期间打也好闹也罢,结果只会使同窗之谊越来越深。

Regardless, whether we argued or joked during our time in school, it only served to deepen our camaraderie.

2001年毕业后,我直接做了律师并创办了汉鼎所,何兵则去法大教书。

After graduating in 2001, I directly became a lawyer and founded Handing United Law Firm, while He Bing went on to teach at the China University of Political Science and Law.

老何教书育人方面的成功,我们同学圈大部分人没怎么谈论过。但是,微博兴起后,他作为第一代大V,时不时成为网络热点,让我们想忽略都不可能,而他针对法治问题的言论,也就经常成为同学圈讨论和批评的对象。

He Bing's success in teaching and education was not much discussed among our classmates. However, with the rise of Weibo, as a prominent influencer, he frequently became a hot topic, making it impossible to ignore him. His comments on legal issues also often became subjects of discussion and critique among our circle.

老何从一个物理专科生,到北大民诉法硕士,再到北大行政法专业博士,这些年做刑辩律师爆得大名,一开始,我们同学圈里不少人觉得他这是不务正业。

He Bing transitioned from a physics undergraduate to a master's student in civil procedure law at Peking University, and then to a doctoral student in administrative law at the same institution. Over the years, he gained fame as a criminal defense lawyer, initially causing many in our circle to think he was not focusing on the right profession.

我以前算半个勾兑律师,好多案子都是通过同学圈丰富的人脉做成的,也不太看得上以网络曝光方式影响案件结果的方式。

I was somewhat of a networking lawyer myself, with many cases made possible through our extensive alumni connections. I did not hold in high regard the approach of influencing case outcomes through online exposure.

老何做案子,则没见他动用过同学圈的关系资源。慢慢地,我还是感觉到了老何做刑辩,与普通律师的不同。

In handling cases, I never saw He Bing utilize our alumni network. Gradually, I came to perceive how his approach to criminal defense differed from that of ordinary lawyers.

法学作为一种实践理性,何兵很善于从辩护实践中总结规律,他旗帜鲜明地批评那些大专辩论赛型的检察官和律师,力在扭转一个普遍的偏见:做律师,口才要好。老何一再强调,胜诉法庭,靠的不是口才,不是言之无物的强词夺理,而是建立在证据基础上的说理。

Law is a form of practical reason. He Bing is good at deriving principles from defense practices. He openly criticizes prosecutors and lawyers who behave as if they are in a college debate competition, aiming to overturn the common bias that successful lawyering is all about eloquence. He Bing repeatedly emphasizes that winning in court depends not on oratory skills but on reasoned arguments based on solid evidence.

与很多同行过分渲染司法不公不同,老何公正地指出:大部分案子中,没看出法官检察官有先入为主的成见,作为辩护人如果能把证据摆出来,把道理讲清楚,并以情动人,法官检察官还是乐于接受你的观点的,毕竟,这也是帮他们公正办案。

Unlike many of his peers who overly dramatize judicial unfairness, He Bing fairly notes that in most cases, judges and prosecutors do not show a preconceived bias. As a defender, if you can present evidence clearly, explain the rationale, and appeal to emotions effectively, judges and prosecutors are usually willing to accept your viewpoints, as it aids them in administering justice fairly.

很多大学法学老师兼职做律师,是不太接地气的,和当事人家属打交道,也过于傲慢,没半点服务工作者的意识。老何则不同,他接的每一起案子,都很频繁地会见,主动地多次与承办人见面、沟通。

Many law professors who also practice as lawyers are not very grounded; they often deal arrogantly with clients and their families, lacking a sense of service. He Bing is different; for every case he takes, he frequently meets with and proactively communicates with the responsible parties.

我们一起代理湖北襄大案时,他刚回北京没几天,就接到当事人女儿的电话:我爸急着见何老师。我听到一脸疲惫的何同学回答:你先让我喘两天气,下周再去会见好不?

When we co-defended a case in Hubei, he had just returned to Beijing when the daughter of the client called: My father urgently needs to see Mr. He. I heard an exhausted He Bing reply: Can you let me catch my breath for a couple of days, and I'll meet him next week?

总之,老何虽然这些年是国内最有名的刑辩律师,从没见他耍过大牌。

Overall, although He Bing has become one of the most famous criminal defense lawyers in the country over the years, I have never seen him act like a prima donna.

老何把握法院检察院领导的心理,并审时度势以谈判取得理想结果的案子,数不胜数,他的大智慧,是同行中公认的,斯伟江就称他小诸葛,并告诉我:你玩不过你同学。

He Bing has mastered understanding the mindset of court and prosecutor's office leaders, and his ability to negotiate and achieve ideal outcomes in cases is countless. His profound wisdom is recognized among peers; Si Weijiang calls him "Little Zhuge" and told me: You can't outplay your classmate.

老何做刑辩,这几年,一代宗师的派头,也摆出来了。一年来,他拉着我做过两个案子,他喜欢把一帮门生拉着开会,就案件的细节,一讨论就是一上午或者一晚上,先由门生分别就其中的问题先讲,再由资深的退休法官补充,最后老何总结,一锤定音。

In his practice of criminal defense, He Bing has shown the demeanor of a grandmaster in recent years. Over the past year, he involved me in two cases. He likes to gather a group of his students for meetings that last a morning or an evening, discussing the details of the case. The students speak first, followed by contributions from retired senior judges, and He Bing concludes and makes the final decision.

老何对钱的欲望不高,很多案子,收的律师费,他就这么在一个不小的团队中如数分下去,自己不留。

He Bing has little desire for money; in many cases, he distributes the attorney fees he collects evenly among a sizable team, keeping none for himself.

他这种办案方式,我觉得太耽误自己和团队成员的时间,我不打算效法。不过,我不得不承认,他团队中人才济济,除了他自己培养的法大硕士和博士生,这些人一个个专业过硬,团队作战往往能挖掘出更多更深的辩点外,几个被他拉过来的媒体人转行的,把媒体人的思维带入刑辩中,对一个案件形成好的舆论效果,也很有帮助。

While I think his approach to handling cases wastes too much time for himself and his team members, I do not plan to emulate it. However, I must admit, his team is full of talented individuals. Besides the masters and doctoral students he has personally trained from the law school, each member is highly skilled. The team approach often uncovers deeper and more nuanced arguments, and the former media professionals he has brought in, who bring a media mindset to criminal defense, are very helpful in shaping favorable public opinion for a case.

最近他也与多名摄影记者合作,每一个案子的办案过程,都形成丰富的影像资料,有的根据需要随时就公布出来形成热点,这一点上和我不谋而合。但是,作为一代宗师的何大师,本人做事还是亲历亲为的,我们最近一起辩护辽宁昌图刘振国案,他就多次亲赴白城、昌图、铁岭,找了几十名证人,花了大量时间,形成几十份笔录,并成功说服法官让证人出庭,在法庭上,把控方证据体系打成了筛子。

Recently, he has also collaborated with several photojournalists to create extensive visual documentation for each case, which can be released as needed to generate media attention—a strategy that coincides with mine. However, as a master of his craft, He Bing still prefers a hands-on approach. In our recent defense of the Liu Zhenguo case in Liaoning Changtu, he personally visited Baicheng, Changtu, and Tieling multiple times, locating dozens of witnesses, spending significant time to compile numerous statements, and successfully persuaded the judge to allow these witnesses to testify. In court, he was able to thoroughly dismantle the prosecution's evidence system.

尽管刑辩律师中没人说取证不重要,但真像老何这么重视取证并愿意花大把时间的,我还没见到过第二个。

While no criminal defense lawyer would say that gathering evidence is unimportant, I have yet to see another who places as much emphasis on it and is willing to devote as much time as He Bing does.

受老何影响,最近我和李仲伟合作的合肥许威案,也在筹划花大力气取证。

Influenced by He Bing, I am also planning to put significant effort into gathering evidence in the Xu Wei case in Hefei, which I am working on with Li Zhongwei.

和老何聊天,我非常明显地感到,我在读书期间受储槐植先生教诲,得以了然于胸的刑法学和刑事政策的根基性知识,他作为一个非刑法专业法律人,通过刑事办案和不系统的阅读,仅凭自己的观察力和总结力,这些年已经登堂窥奥。

Talking with He Bing, I can clearly feel the foundational knowledge of criminal law and criminal policy that I acquired during my studies under Mr. Chu Huaizhi. He Bing, not originally specializing in criminal law but having handled criminal cases and through unsystematic reading, has gained a profound understanding based solely on his observational and summarizing abilities over the years.

这些年,老何多次在公开场合呼吁刑事政策不能美国化,不是监狱越建越多,关得人越多,社会就越安定,恰恰相反,监狱本身不但花费高昂(美国每关押一个犯人一年的费用,超过哈佛大学研究生一年的学费),矫正效果基本为零,而且本身就是犯罪的学校,从美国的监狱,走出了伊斯兰国创建者巴格达迪这种卓越的毕业生,这还不值得美国模式的实践者警醒?

Over the years, He Bing has frequently publicly stated that criminal policy should not be Americanized. Building more prisons and incarcerating more people does not lead to a more stable society; on the contrary, prisons are costly (in the U.S., the annual cost of incarcerating one prisoner exceeds the annual tuition of a Harvard graduate student), their corrective effects are virtually nil, and they serve as "schools of crime." The fact that people like the founder of ISIS, Baghdadi, emerged from American prisons should serve as a caution to those who practice the American model.

对此,我深引以为知己。刑罚本身只是弥补社会管理能力不足的权宜之计,而已。任何国家要求得善治,只能以好的经济政策开利源,厚生利,以好的社会政策抑豪强,促平等,然后可以致尧舜。

I deeply relate to this viewpoint. Punishment itself is merely a temporary measure to compensate for inadequate social management. Effective governance in any country can only be achieved through sound economic policies that generate and distribute wealth, and social policies that suppress the powerful and promote equality, thereby attaining a harmonious society reminiscent of the legendary reigns of ancient Chinese emperors Yao and Shun.

迷信严刑峻法,尤其把刑事司法运动化,一个运动接着一个运动,只能是洒向人间都是怨,让司法彻底丧失信誉,让申冤上访者不绝于道路,可惜,其中的道理,主其事者没有在北大读过书,他们是悟不透,也不会接受的。

Over-reliance on harsh punishments and especially the politicization of criminal justice—as one campaign follows another—only sows widespread resentment, completely undermining the credibility of the judiciary and perpetuating a never-ending stream of grievances and petitions. Unfortunately, those in charge, not having studied at Peking University, fail to grasp and accept this rationale.

好多人不知道,老何本身就是中国最资深的律师,他八十年代师专毕业后,在老家教过几年书,又去干了两年党史办,88年就考出律师资格,做了专职律师。至今,老何已经是执业36年的老律师了。

Many people do not know that Old He is one of the most senior lawyers in China. After graduating from a teachers' college in the 1980s, he taught in his hometown for several years and then worked in the Party history office for two years. In 1988, he passed the bar exam and has been practicing as a lawyer ever since. To date, Old He has been a lawyer for 36 years.

但是,老何律师本人,对美国式律师制度,也是持深刻的批判态度。为此,他做了一番研究,他认为,美国律师与总人口数的比例过高,让美国律师非常内卷,普通人总以为在美国,律师和医生是高收入职业,其实,大部分美国律师的收入勉强维持个中产而已,就这样,因为美国各法学院连年扩招,让大部分法学学生毕业后都没机会做律师。

However, Old He himself holds a critical view of the American legal system. Following extensive research, he believes that the ratio of lawyers to the total population in the U.S. is too high, which has led to intense competition within the profession. The general public in the U.S. may think that lawyers and doctors are high-income professionals, but in reality, most American lawyers barely maintain a middle-class income. As a result of law schools' continuous expansion, most law graduates in the U.S. never get the chance to practice law.

即便如此,庞大的美国律师队伍就像一支蝗虫大军,在美国社会的肢体上不断叮咬,挑词架讼,不但不能平息,反而经常扩大和激化社会矛盾。美国律师因为在政坛势力过大,经常为了律师业的私利,阻碍有利民生的法案通过。

Despite this, the large number of lawyers in the U.S. is like an army of locusts, constantly biting into the fabric of American society, nitpicking and litigating in ways that not only fail to calm but often exacerbate social conflicts. Because of their substantial influence in politics, American lawyers frequently obstruct legislation that would benefit the public good for the sake of their profession's interests.

因此,何兵强烈反对中国扩大律师规模,走美国式道路,反而推崇日本限制律师人数,依赖社会调解的纠纷解决模式。对此,我是有不同意见的。我恰恰认为,就和货币经济学者一直诟病中国的广义货币供应量加起来超过欧美的总和,但是,这却并没有影响中国的经济发展,而且至今没此起恶性通胀一样。

Consequently, He Bing strongly opposes the expansion of the number of lawyers in China, rejecting the American model in favor of the Japanese approach, which restricts the number of lawyers and relies on social mediation to resolve disputes. I, however, hold a different opinion. I believe that just as monetary economists criticize the aggregate money supply in China for exceeding the total of Europe and America, it has not negatively affected China's economic development, nor has it led to significant inflation.

我认为,中国目前正处在社会转型期,很多方面什么是对的,什么是错的,单凭官场的人坐在办公室里拍脑袋,是设计不出正确道路的,非得有足够多的律师,代表各个行业各个阶层,在实践中以诉讼化方式,在法庭上揭示不公,突破僵死的教条,才能以非暴力方式实现社会进步。而且,律师市场既然是市场,市场化机制自然会对从业人数进行调节。为什么非要人为地过多干预?

I believe that China is currently in a period of social transition, and it is not straightforward to discern what is right and wrong. Decisions cannot be made correctly just by bureaucrats sitting in their offices. There must be enough lawyers to represent all industries and social strata, to reveal injustices in courts through litigation, and to break through rigid dogmas, thereby achieving social progress in a non-violent manner. Moreover, since the legal market is indeed a market, market mechanisms should naturally regulate the number of practitioners. Why should there be excessive artificial interference?

不过,尽管这个问题上我与老何意见对立,我骄傲的是,律师界经常超出具体的业务,勤于思考中国法治和整个社会治理根基性问题的,恐怕多数都是我们这些在大学里就熟读群书,往来于课堂和讲座教室之间,又在同学中经常为家国天下争得面红耳赤的这些人。

Although I disagree with Old He on this issue, I am proud that the legal community often goes beyond specific business matters to think deeply about the foundations of Chinese legal governance and broader social management. Most likely, it is those of us who were avid readers in university, moving between classrooms and lecture halls, and who often passionately debated national and global issues among classmates.

没有深刻的理论厚度,没有持续的社会关怀,是不会思考这种深度和广度的问题的,即便有些想法,也写不出长篇文章来。不过,老何尽管在家国天下问题上想法很多,体现在行动上,他是保守的,甚至做刑辩本身,他自己也说:我是官方划个界限,我就不越雷池一步,张庆方是官方的界限在那里,他还非要往前再走两步。我们之间的差别,应该是年龄的差别导致,毕竟,他长我九岁。

Without profound theoretical depth and ongoing social concern, one cannot contemplate such deep and broad issues, and even if some ideas exist, they cannot produce lengthy articles. However, although Old He has many ideas about national and global issues, he is conservative in action. Even in his own criminal defense practice, he has said, "I stay within the limits set by the authorities, not stepping beyond," unlike Zhang Qingfang, who dares to take two steps beyond those limits. Our differences are likely due to our age difference; after all, he is nine years my senior.

昨天早晨和老何聊天,他对目前的遍地冤案的现实,也是直皱眉,他说:我们应该上书全国人大,进行中国刑事诉讼法实践状况的专项审查,这就可能改变最高法院在陪审制名存实亡、刑事分案制成为冤案工具、两审制流于形式、辩护制度气息奄奄的情况下无所为的现实。我一听:兵哥,咱们动手吧!我起草给全国人大的上书,我们拉周泽还有谁谁谁、谁谁谁一起!结果,我们的老何又深沉起来:兹事体大,还是再等等吧。

Yesterday morning, while talking to Old He, he frowned deeply at the reality of widespread miscarriages of justice. He suggested: "We should petition the National People's Congress for a special review of the practice of criminal procedure law in China, which could change the reality where the jury system exists in name only, the division of criminal cases becomes a tool for wrongful convictions, the two-tier system is merely procedural, and the defense system is on its last breath." Upon hearing this, I said, "Brother Bing, let's get to work! I'll draft a petition to the National People's Congress, and we'll pull in Zhou Ze and others to join us!" However, Old He then became solemn again: "This is a significant matter; perhaps we should wait a bit longer."

这就是我的何兵同学,与同龄人相比,他似乎已经超越了他的时代,他又分明还没摆脱他的时代。今天,是我们老何的六十岁生日,按古代标准,正式进入花甲之年了。博士同学群里,大家纷纷向他祝寿,有的同学已经改口叫何老了。

This is my classmate He Bing; compared to his peers, he seems to have transcended his era, yet he clearly has not yet freed himself from it. Today is Old He's 60th birthday, and by ancient standards, he has officially entered his sixtieth year. In our doctoral classmates' group, everyone is wishing him a happy birthday, and some have already started calling him 'Elder He.'

其为人也,发愤忘食,乐以忘忧,不知老之将至。六十岁生日这天,老何是在辽宁朝阳市中级法院的法庭上度过的,他认为,作为一个老律师,以这种方式过六十大寿,是很有意义的事。中午,门生弟子们还在法院门口,提前准备好了生日蛋糕,就在车后座上切开,算是正式给他祝寿了。

"As a person, he is so dedicated that he forgets to eat and uses joy to forget his sorrows, unaware that old age is approaching." On his 60th birthday, Old He spent it in the courtroom of the Intermediate Court of Chaoyang City, Liaoning. He believes that as an experienced lawyer, celebrating his milestone birthday in this way is very meaningful. At noon, his students and disciples gathered at the courthouse entrance, where they had prepared a birthday cake in advance, cutting it in the backseat of the car, officially celebrating his birthday.