Shang Jiangang, male, born in July 1976/kloc-0, Han nationality, Huangmei, Hubei, university, master of law, joined the work in July 1999 1 99/month, and joined the China * * * production party. To be appointed as a judge of Shanghai No.2 Intermediate People's Court. On July 23rd, 20 15, Shang Jian just passed the appointment of the National People's Congress and officially became a judge of Shanghai No.2 Intermediate People's Court, ending his lawyer career of 16 years. He is currently the presiding judge and judge of the sixth court of civil trial of Shanghai No.2 Intermediate People's Court. To be appointed as a judge of Shanghai Intellectual Property Court.

Chinese name: Shang Jiangang

Nationality: China.

Nationality: Han

Birthplace: Huangmei, Hubei Province

Date of birth: 1976

Occupation: Judge of Shanghai No.2 Intermediate People's Court

Representative Works: Network Law

Gender: male

profile

Lawyer Shang Jiangang, Senior Partner of Shanghai Branch of Beijing Dacheng Law Firm, Deputy Director of Intellectual Property Department, 1999 joined the work of Shanghai Zhongjian Law Firm, 1994 was recommended to the Mathematics Department of Fudan University from Huanggang Middle School in Hubei Province, and 1995 was transferred to the Law Department of Fudan University. 1999 Graduated from the Law Department of Fudan University, with a bachelor's degree in international economic law, and was an outstanding graduate of Fudan University. Business lawyers have a lot of research on legal matters in the field of network and e-commerce, and they are one of the main contributors to the IT statement column of Tianji.com. Qianlong.com and Saidi.com have published more than ten legal papers. Commercial lawyers are good at non-litigation and litigation legal business such as real estate and projects under construction. His legal papers are mainly published in Shanghai Lawyer magazine and Tianji. com. Provide legal support for lawyers' self-help stalls. Mainly engaged in real estate, construction engineering, network law, criminal law business. At present, he is a senior partner of Shanghai Deqin Law Firm, Secretary General of National Intellectual Property Center for Animation Games, Director of Information Network and High-tech Professional Committee of Shanghai Lawyers Association, member of Business Research and Vocational Training Committee, Planning and Rules Committee, and distinguished professor of Shanghai Law Institute. His works include Network Law, Agency and Evaluation of Software Network Cases, Domain Name Economy in China and Course of Intellectual Property Law, and he has won the title of "Top Ten Excellent Professional Lawyers in Jing 'an District" for many times, and Zhangjiang Group recommended lawyers. 20 1 1 year, was selected as the fourth outstanding young lawyer in Shanghai by Shanghai Lawyers Association.

characters experience

Internet is definitely a hot word at the moment, and all industries hope to be connected with it. While most lawyers are still exploring how to develop online legal services, one person has stood at the forefront of online legal services.

Secretary-General of the National Intellectual Property Protection Center for Animation Games, Director of the Information Network and High-tech Business Committee of Shanghai Lawyers Association (since 2007), and the first lawyer of the Online Games Professional Committee of the Municipal Information Service Association. Lawyer Shang Jiangang, who is just in his early 30s, is a partner of Shanghai Deqin Law Firm, and is now a senior partner of Beijing Dacheng Law Firm Shanghai Branch, and has made great achievements in the field of online legal services in China. Whenever there is a hot issue on the Internet, Shang Jiangang is always the star of all kinds of media. Internet copyright, domain name disputes, online games, e-commerce, cyber crimes, etc., he can provide professional legal advice and even industry views for the parties. And several network "first cases" have attracted many customers.

Seize the internet craze

The first BBS moderator of Fudan law edition

Shang Jiangang used to be an avid math enthusiast, and won the first prize in the national math competition many times in middle school. 1994, Shang Jiangang was admitted to the Mathematics Department of Fudan University for winning the Olympic Mathematics Competition. However, his life in the Department of Mathematics, which consisted of "a pen and a piece of paper", made him feel a little boring, so at his insistence, 1995 he transferred to the Department of Law, becoming the only walk-in student in Fudan who changed his major. In his own words, going to the law department feels like going to heaven, and he has completely turned into an avid law lover.

At this time, the internet industry began to set off a heat wave, and the BBS "Sun Moon Guanghua" station of Fudan University was also born that year. With a 286 computer, Shang Jiangang became an internet trendsetter, created the legal version of the school BBS and served as the moderator. Since then, he has forged an indissoluble bond with the internet.

Shang Jiangang found that although science students know technology, they often lack management knowledge and written expression ability. He saw the contradiction between technology and system in network development and the lag between technology development and law, and also foresaw the opportunity for his future development-after all, the development of every industry cannot be separated from the support of law.

In his view, there is only the first in the lawyer industry, and there is no second. The parties always want to find the best lawyer. There are many experienced veterans in criminal, financial, real estate and other fields, and it is not easy for Shang Jiangang to surpass his predecessors in these fields. And the network is a golden opportunity in front of us. Just as many experienced lawyers were indifferent to the legal business of stock and securities when the stock rose, some young lawyers seized this opportunity and succeeded. As a result, when most people are still ignorant of the network, Shang Jiangang has begun to prepare for his career in network legal services.

There is also a small episode. Shang Jiangang was originally a science student, and only after he transferred to liberal arts did he discover the importance of written expression. He began to write articles diligently and practice writing. In the process of continuous submission, he mastered the trick and wrote comments and explanatory articles from the legal point of view in time for the current hot issues. As a result, he published many articles and became famous in the circle.

Later, Shang Jiangang attended some IT parties, at which he met many IT celebrities from major websites. After learning that Shang Jiangang often publishes articles, these IT people have invited him for manuscripts. For a time, Shang Jiangang's articles can be found on websites such as Tianji, Qianlong, Chinabye and Donews. Network ills, game disputes, email responsibility, network copyright, etc., every article of Shang Jiangang follows the hot spots and gets a very high click-through rate. Gradually, the traditional media began to pay attention to him and invited him to express his opinions when reporting related issues. In this way, Shang Jiangang's name is familiar to more and more people who care about network development.

The greatest wish

Be a preacher of network law

Because of their constant contact with various network companies, business lawyers have accumulated a lot of management experience, and at the same time, they have seen the problems existing in these companies: most entrepreneurs of small and medium-sized network companies are from science, and they often lack experience in management, and they are puzzled by various framework or details such as company contracts, enterprise decentralization, business models and investment models. At the same time, these enterprises have simple business and strong professionalism, and there are also problems in their communication with the outside world.

Commercial lawyers will provide all kinds of solutions for enterprises, ranging from network risk avoidance to how to motivate employees to work. Lawyer Shang said: "I am a lawyer who produces health care products, not antibiotics."

Not long ago, a business lawyer just helped a company operating online games to negotiate financing and obtained $5 million in overseas investment. During the negotiation, business lawyers introduced China's policies and relevant legal provisions on online games to investors and frankly informed them of the risks existing in the industry. This made the investor immediately speak the same language as him and deeply trusted his professionalism.

Shang Jiangang said that at present, due to the lack of standardization in the industry, coupled with the fact that many enterprises are still relatively small in scale, there are not many companies with legal awareness and funds. He conservatively estimated that after five years, the industry will begin to mature, and by that time, the legal business related to the network will be more enthusiastic. But Shang Jiangang doesn't want to be a "lonely hero". He hopes more lawyers can join the ranks. When other lawyers encounter problems in network law, he is also generous in helping them. In Deqin Law Firm, he is also trying to train young lawyers and encourage them to start their own businesses.

In addition, he has published four related books on network law, and has long lectured on the course "Research on Network Law" at Shanghai TV University. He teaches for TV university teachers and students directly, which also takes up a lot of his working time. But the business lawyer didn't mind this "loss-making business" and felt that it also brought him a lot of happiness. He said, "I just want to be a preacher of network law."

Create rules of the game

Develop network legal services

Finally, in 200 1 year, Shang Jiangang's efforts paid off. A netizen found him and asked him to be an attorney, suing a website for reprinting articles at will. In this way, he won the first influential case in his practice, affirmed the author's online copyright, and further established the legal compensation standard for online copyright infringement as 10,000 yuan. This case was rated as the first case in Shanghai where an individual sued the website for copyright disputes.

In 2005, the business lawyer participated in the first criminal case of private service in China and served as the attorney for the defendant in the case. Many media have predicted that the defendant will be sentenced to seven years in prison. However, because the business lawyer has been very experienced in the network, with his efforts, the defendant was finally suspended. This case was also rated as "Top Ten Cases of Combating Intellectual Property Crimes in China".

In addition, business lawyers also represented the first domain name dispute between individuals and organizations in China, the first foreign-related domain name dispute case in Shanghai No.1 Intermediate People's Court, and the first online photo dispute in Shanghai No.1 Intermediate People's Court, and achieved good results. Some lawyers also come to ask him for help when they encounter related problems.

An agent once said with great emotion, "Commercial lawyer, I feel relaxed only when I talk to you, and I don't understand when I talk to others for a long time." Indeed, because the Internet industry is relatively young and involves many technical problems, it can be said that lawyers who really understand this industry are rare in China and even in the world.

As pioneers, business lawyers have also created many new methods for online legal services in practice, such as the management of virtual currency, the recovery of virtual props, and the crackdown on online game private servers and plug-ins. He can always find important links that others can't find and solve problems in the simplest and most economical way. The most typical is to crack down on private servers and plug-ins.

Once, he used traditional methods to crack down on private servers for online game operators. It took him half a year to explain to the public security department what private servers were, prove why private servers were a crime, and finally persuaded the public security department to file a case. It also takes a lot of time to prove that the network ID of the private server erector is the same as the criminal suspect in reality. When the public security department decided to attack, the problem appeared again: the private servers were distributed in seven cities across the country, and there were five suspects. The police needed to send 12 troops to seal up the servers and arrest the suspects. Counting that only two policemen were sent each way, plus logistics forces such as liaison, the total number of policemen needed was 30, and the funding was also a big problem. After nearly a year of tossing and turning, just before the police dispatched, the suspect heard the wind and moved the server abroad.

So the business lawyer began to ponder the way to deal with private servers again. He found that private servers are all rented by IDC running servers of operators. If private servers can be stopped here at IDC, then they will completely lose the soil for survival. So he sent a lawyer's letter to IDC to coordinate with them and asked them to stop providing hosting for private servers. Relying on the communication efforts of Shang Jiangang and his colleagues, various IDC have also cooperated. Among them, Yidang Network Technology Co., Ltd., which operates "Elf Renaissance", said that more than 80% of the game servers have stopped operating, and Yidang has also reduced the cost of cracking down on servers by about 95%.