On the afternoon of July 15, 2023, the Book Launch of the Guide for State Prosecutors in Court and the Symposium on the Spirit and Mission of Public Prosecution (hereinafter referred to as the "Symposium") were held at the Law School of Peking University. The seminar was hosted by the Center for the Study of Criminal Problems of Peking University and co-organized by the Law Press. King&Capital Law Firm senior partner, director of King&Capital Criminal Defense Research Center, Liang Yali lawyer was invited to participate in this seminar. The seminar was hosted by Che Hao, vice dean and professor of Peking University Law School.
The picture shows the scene of the meeting
At the opening ceremony of the seminar, Zhang Xuechun, deputy editor-in-chief and member of the Party Committee of Law Press, and Shi Weizhong, member of the Prosecutorial Committee of the Supreme People's Procuratorate and director of the Third Procuratorate Department, delivered speeches, congratulating on the release of the new book "Guide for State Prosecutors in Court" while expressing their understanding of the theme of the seminar, and looking forward to the viewpoints of the participating industry legal practitioners. After the opening ceremony, the participants jointly participated in the book release session.
Prof. Che Hao moderating the meeting
The first theme of the academic seminar was "the prosecution-defense-trial relationship under the vision of the legal professional community". Mr. Liang Yali participated in the discussion of this session. Lawyer Liang Yali said that the book "National Public Prosecutor's Guide to Court Appearance" has always been the "Public Prosecutor's Guide to Court Appearance", which is the working guide for public prosecutors nationwide, and is also a must-read book for many criminal defense lawyers. She congratulated the State Prosecutor's Guide to Court Appearance on its revision and release.
Ms. Alice Liang at the seminar
Regarding the "prosecution-defense-trial relationship", Ms. Liang pointed out that the ideal prosecution-defense-trial relationship is the original intention of the design of our criminal system, which can be referred to as the "iron triangle relationship", i.e., equality between the prosecution and the defense, and the judge being in the middle of the proceedings. The prosecution-defense relationship is a key element in measuring a country's criminal procedure system and the degree of judicial civilization. With the revision of the Criminal Procedure Law in 2018, the prosecution-defense relationship has shifted from confrontation to confrontation-cum-cooperation, and continues to develop in a benign and scientific direction.
In addition, combined with her own experience in handling cases, Liang Yali also conducted in-depth exchanges on the role of the public prosecutor in the illegal evidence exclusion procedure, the standard of reviewing the evidentiary materials adduced by the defense, the standard of proof for the public prosecutor to charge the crime, and the degree of proof required for the defense to raise reasonable doubt, etc., and gave useful suggestions for the establishment of a benign prosecution-defense-trial relationship.
Liang Yali lawyer said, from the perspective of criminal defense lawyers, in the review of evidence and standards of proof in two aspects, can feel the highest judicial organs in the normative level of development and progress, but also see the prosecution, defense and trial of the three parties based on the norms of continuous progress; However, in some judicial practice, there still exists on the norms of the understanding of the bias, the norms of the implementation of the system is incomplete and other issues.
Finally, LiangYaLi lawyer put forward their own expectations: every criminal defense lawyers, as a "legal professional community", everyone should promote the construction of the rule of law in our country and efforts, I hope to be able to work with the public prosecutor to find the problem, face up to the problem, solve the problem, to the supreme judiciary's norms of the spirit of the implementation of a specific judicial The spirit of the norms of the supreme judicial organ will be realized in every concrete judicial case.
The picture is Liang Yali in the speech scene
In the concluding session of the seminar, Qi Tao, the organizing prosecutor of the 10th Prosecutor's Office of the Supreme Prosecutor's Office and the second-level senior prosecutor; and Che Hao, the vice dean and professor of the Law School, made concluding speeches. Among them, Prof. Che Hao proposed: "I hope to take this meeting as an opportunity to explore a long-term standing mechanism, so that practitioners can easily and freely communicate with each other in the atmosphere of a legal professional community and on a civil academic platform, and jointly take care of the rule of law spark". This is also the common wish of King&Capital Criminal Defense Research Center, King&Capital Law Firm, and even the whole group of criminal defense lawyers to earnestly expect and work hard for it.
After the meeting, the participants took a group photo in front of Peking University Law School, and the seminar was successfully concluded.
Group photo of participants