
高级合伙人律师




申永宪律师,电话(微信):15920378788,
专业领域:刑事辩护、建设工程、房地产、公司股权、婚姻家事、交通事故、劳动争议、人身损害、知识产权、民商事合同、保险理赔、债务追偿。
行业领域:制造业、科技企业、工程建设、铁路服务、金融保险等。
中山大学法律本科毕业,现任广东盈进律师事务所律师,高级合伙人,管委会副主任。长期从事法律工作,具有丰富的诉讼和非诉实战经验,先后担任过数十家大型企业集团法律顾问。
案例分享:
1、李某入室强奸,被中山市**市区人民检察院提起公诉,检察院建议量刑三年以上。后中山市**人民法院开庭审理,庭审中本律师辨称,本案属于犯罪未遂、被告人有认罪认罚、如实供述、偶犯、初犯情节,检察院量刑偏重,与被告人罪责不相适应,*终法院采纳了上诉人的意见,判决被告人李某有期徒刑两年。
2、佛山市某知名房地产公司将位于佛山市禅城区南庄镇的楼盘施工发包给珠海某公司,珠海某公司又将其中的园林绿化、铁艺项目分包给中山某公司,后因拖欠工程款,本律师中山某公司提起诉讼,本案的难点在于发包方拒绝结算,律师如何从众多碎片化的间接证据中寻找证明工程款细依据。经努力一审、二审法院均采纳了本代理律师意见,判决支持中山公司的全部诉求。
3、卢某因工受伤被评为一级伤残,案件经仲裁起诉到一审法院,
一审法院作出的判决书竟有十几处错误。二审程序中,本律师据理力争,对于错误一一指出,后二审法院判决支持了本律师的代理意见,对一审错误全部进行了改判。
4、越秀地产在广州番禺开发的某楼盘施工过程中,以番禺中学办
学为噱头进行宣传,名校的光环不但提高了销量,同时也抬高房价,但实质上并非番禺中学办学,后业主维权,本律师接受广东粤TV电视台的采访,为业主提供法律咨询,献言献策。
Yongxian Shen
Contact Number(WeChat): +86 15920378788
Professional Fields: Criminal defense, construction engineering, real estate, corporate equity, marriage and family affairs, traffic accidents, labor disputes, personal injury, intellectual property, civil and commercial contracts, insurance claims, debt recovery.
Industry Sectors: Manufacturing, technology enterprises, engineering construction, railway services, finance and insurance, etc.
Graduated from Sun Yat-sen University with a bachelor's degree in law, he is currently a lawyer, senior partner and deputy director of the management committee at Guangdong Yingjin Law Firm. He has long been engaged in legal work and has rich practical experience in litigation and non-litigation cases. He has successively served as legal counsel for dozens of large enterprise groups.
Representative Cases:
1. Li was prosecuted by the First District People's Procuratorate of Zhongshan City for burglary and rape, and the procuratorate recommended a sentencing of more than three years' imprisonment. During the trial held by the First People's Court of Zhongshan City, the lawyer argued that the case constituted an attempted crime, and the defendant had circumstances such as pleading guilty and accepting punishment, making a truthful confession, being an occasional offender and a first-time offender. The procuratorate's sentencing was too heavy and incompatible with the defendant's criminal liability. Finally, the court adopted the lawyer's opinion and sentenced Li to two years' imprisonment.
2. A well-known real estate company in Foshan contracted the construction of its real estate project in Nanzhuang Town, Chancheng District, Foshan to a company in Zhuhai, which then subcontracted the landscaping and ironwork projects to a company in Zhongshan. Later, due to arrears of project funds, the lawyer represented the Zhongshan company in filing a lawsuit. The difficulty of the case was that the employer refused to settle the accounts, and the lawyer had to find the basis for proving the details of the project funds from numerous fragmented indirect evidences. Through efforts, both the court of first instance and the court of second instance adopted the lawyer's opinions and ruled in support of all claims of the Zhongshan company.
3. Lu was injured at work and was assessed as a first-class disabled person. The case was brought to the court of first instance after arbitration, but the judgment made by the court of first instance contained more than a dozen errors. In the second instance procedure, the lawyer argued strongly and pointed out each error one by one. Later, the court of second instance ruled in support of the lawyer's opinions and corrected all the errors in the first instance judgment.
4. During the construction of a real estate project developed by Yuexiu Property in Panyu, Guangzhou, the project was promoted under the gimmick of being affiliated with Panyu Middle School. The reputation of the prestigious school not only boosted sales but also pushed up housing prices. However, in reality, it was not affiliated with Panyu Middle School. Later, when the owners defended their rights, the lawyer was interviewed by Guangdong TV (Yue TV) to provide legal advice and suggestions for the owners.