This year's hottest legal novel is "Core War", which was ranked first in the hot list of new books in dangdang urban novels less than a month after its launch, and many well-known public accounts competed for promotion. For a time, the legal circles widely concerned and widely praised. The novel is set in the Sino-US trade war, the famous American semiconductor company LR Company and China Tianhua Company launched an intellectual property litigation war, the Chinese chairman of the American company Qianjin Lu Wenxi used the summer vacation, "undercover" Chinese Tianhua Company lawyer Shen Mengyuan as an intern. Faced with an "in-litigation injunction order" issued by China's antitrust agencies and courts, LR lobbied the U.S. government to include Tianhua on its export control list on the grounds that it threatened national security. This big war without smoke of gunfire touched the hearts of two young elite lawyers, which led to a romantic encounter and love to kill each other, as well as a contest in the high-tech field between China and the United States.
The novel is exquisitely conceived with "case within case" and "spy within spy", and the two clues of light and dark advance the course of the story and attract readers at all times. Perhaps an important reason why the story is good is that the author, Ms. Si Xuan, is a senior rule of law media person with a doctorate in law, and she integrates law, news, and literature across the novel, and the wonderful spark that collides can be described as dazzling. In order to ensure that the story is as close to the truth as possible, the author brings the occupational disease of journalists to the creation of the novel, visits and experiences law firms, semiconductor and artificial intelligence companies in many ways, and consults professionals to make the novel as true and accurate as popular law and popular science books.
"A thousand Hamlets are seen in the eyes of a thousand readers." Each reader's attention and interpretation of the work is inseparable from the knowledge background and his own experience. As a judge, in the process of reading novels, I paid more attention to the use of novels and drew on many cases that affected the judicial process in China. The layman looks lively, the insider also needs to look at the doorway, we may wish to sort out the court elements.
The story begins with a foreign-related intellectual property case. The focus of this case was "whether the three-dimensional trademark can be registered, and whether the trademark involved in the case has distinctive characteristics", and the male protagonist Shen Mengyuan represented the trademark applicant for an internationally renowned perfume brand and won the lawsuit. The image of the presiding judge Dong Shu as a dignified and intellectual, non-angry Chinese female judge also made Lu Wenxi, the heroine of Harvard University in the United States, become her little fan sister, seeing that "Chinese courts are working hard to create an international intellectual property dispute resolution 'preferred place' that the parties can trust, and equally protect the legitimate rights and interests of overseas parties", and chose to come to China.
It is not difficult to see that the prototype of this case is the "Dior perfume bottle three-dimensional trademark dispute case". Dior Company produced a perfume, and after the outer packaging (glass bottle) had been registered as an international trademark, it applied to China for extended territorial protection. The Trademark Review and Adjudication Board rejected the refusal on the grounds of lack of "distinctiveness". Dior Company filed a lawsuit with the court, and after losing the first and second instances, it submitted an application for retrial to the Supreme People's Court. The Supreme People's Court's final judgment held that the decision of dismissal made by the Trademark Review and Adjudication Board violated the principle of the properness of administrative procedures and ordered it to lose the case. This case has become a landmark case in which the Chinese court has provided timely and effective judicial remedies to international trademark applicants, and has demonstrated to the international community the courage and ability of China's judicial protection of intellectual property rights.
As an important plot of the story, the "Xu Weiran Equity Re-case" is also worthy of attention. Xu Weiran, the father of the second female wish, was immediately released after signing a low-price transfer of shares in the detention center, and after coming out, he began a long litigation road, demanding rescission of the equity agreement on the grounds of coercion. The prototype of this case is the "Jiangsu Shepherd Case", which is on a par with the Zhang Wenzhong case and the Gu Yanjun case. On September 10, 2008, Xu Ronghua, a shareholder and director of Muyang Group, was criminally detained by the local police for the crime of counterfeiting a registered trademark. During the detention, the then procurator general walked into the detention center and persuaded Xu Ronghua to transfer the equity held by Xu Ronghua to other shareholders, and the equity changed hands several times.
Rights protection was once deadlocked due to various factors such as a certain gap in the legal system. On November 27, 2016, the state for the first time issued the top-level design of property rights protection in the name of the central government, the Opinions of the CPC Central Committee and the State Council on Improving the Property Rights Protection System to Protect Property Rights according to Law. The opinion said that it is necessary to accurately grasp the criteria for criminalization of economic violations, accurately determine the nature of economic disputes and economic crimes, prevent criminal law enforcement from interfering in economic disputes, and prevent selective justice. Coupled with the fact that the general provisions of the newly promulgated Civil Law at that time improved the protection of rights, a series of events took a turn for the better, and in the end, the court ruled that the agreement signed in the detention center was revoked and the equity was returned. This case is a landmark case involving the protection of property rights, which is of great significance, from which we can see the firm determination of the Party Central Committee and the people's courts to protect the legitimate rights and interests of private enterprises and entrepreneurs in accordance with the law.
In addition to many "famous cases" and famous scenes, the novel also mentions the construction of special courts such as intellectual property courts and Internet property rights courts many times, which shows that with the continuous advancement of judicial reform, The construction of judicial specialization in China has made great progress, which is not only the inevitable development trend of judicial specialization, but also an important embodiment of modern justice's positive response to major national strategies and policies. The purpose of the establishment of intellectual property courts is to strengthen the equal protection of the intellectual property rights of all kinds of market entities in accordance with the law, and to continue to create a market-oriented, law-based and international business environment. The establishment of the Internet Court is to fully play the function and role of the judiciary in promoting the innovative development of the network economy, ensuring network security, and building an Internet governance system, shouldering the heavy responsibility of exploring Internet governance rules and enhancing the international discourse power and rule-making power of the Internet.
The most that runs through the entire novel is undoubtedly the openness of court trials, the disclosure of judgment documents, and the construction of smart courts that can be seen everywhere. When these excellent genes of the courts that have been illuminated into reality are concentrated in literary works, let us see the brilliant achievements of Chinese courts in judicial fairness, judicial efficiency and judicial transparency. In recent years, the intensity, breadth and depth of judicial reform of China's courts have been unprecedented. On the one hand, through the modernization of the trial system and trial capacity, vigorously improve the quality, efficiency, and credibility of trials; on the other hand, attach great importance to the deep integration of information technology and trial business, build and continuously improve the four major judicial open platforms and judicial big data management and service platforms for trial processes, trial activities, judgment documents, and enforcement information, and initially take shape in the construction pattern of smart courts.
Judicial openness, judicial fairness, judicial modernization, once people have, it is impossible to "quit", these excellent genes have been integrated into the bones of Chinese justice, in the Context of Chinese justice has become the air and rain that people are accustomed to and cannot lack. Once the seeds of the rule of law are sown, they will certainly be able to sprout and grow in the sunshine and rain of the rule of law. "Literature and law follow the tradition of beauty and justice." In fact, the picture of the rule of law described in the novel is all derived from the actual rule of law society, and in essence, it is the unremitting efforts of each of us legal people to write.
I think it is necessary for every legal person to read "Core War", because in it you can always find your own shadow, and in it you must find the courage and strength to persevere. At the same time, I also hope that this story can be seen by more people and the author's long-cherished wish can be realized: "I hope that through this story, more people, especially young people, can pay attention to and devote themselves to the two major fields of science and technology and law, and at the same time, absorb the positive energy of the male and female protagonists in the book, patriotism, blood, rationality, innovation, cooperation, and win-win... (Author Affilications:Beijing Xicheng District People's Court Source:People's Court Daily)