Recently, the first Dianchi Criminal Rule of Law Forum was opened in Yunnan Branch of State Prosecutors' College, which was hosted by the Crime Research Center of Peking University, the Criminal Law Research Association of Yunnan Law Society, and organized by Yunnan Branch of State Prosecutors' College, with the theme of "Criminal Governance of Enterprise-Related Crimes", and explored new paths of complementary and positive interaction between theoretical research in criminal law and judicial practice by keynote speeches, symposiums, roundtable salons and free discussions. Through keynote speeches, symposiums, round-table discussions, salons and free discussions, the conference explored the new path of complementary and positive interaction between theoretical research in criminal jurisprudence and judicial practice. The Standing Committee of the National People's Congress, the Chinese Law Society, the Supreme People's Court, the Supreme People's Procuratorate, and experts and scholars from Beijing, Shanghai, Zhejiang, Jiangsu, Guangdong, Hubei, Sichuan, Yunnan and other 19 provinces and municipalities, political and legal units, colleges and universities, law firms, experts and scholars and legal practitioners a total of more than 240 people participated in this forum.
Northwest University of Political Science and Law, Vice President of the Institute of Advanced Studies in Criminal Defense, Chinese Academy of Social Sciences University Associate Professor, part-time lawyer of King&Capital Law Firm Men Jinling, Vice President of the Institute of Advanced Studies in Criminal Defense, Northwest University of Political Science and Law, Beijing Branch President, Director of the King&Capital Criminal Defense Center Liang Yali, senior partner of King&Capital Law Firm Li Zhiguang, as well as King&Capital Law Firm Tang Wanzhuo lawyer, Li Mingzhen lawyer were invited to to participate in this forum.
Representatives of King&Capital Law Firm: Mr. Men Jinling (third from the left), Mr. Liang Yali (second from the left), Mr. Tang Wanzhuo (first from the left) and Mr. Li Mingzhen (first from the right).
Mr. Li Zhiguang, representative of King&Capital Law Firm
Opening Ceremony
The opening ceremony of the forum, chaired by Prof. Chen Weiqiang, president of the Criminal Law Research Society of Yunnan Law Society and vice dean of the Law School of Kunming University of Science and Technology. Wang Guanghui, Procurator General of Yunnan Provincial People's Procuratorate, Prof. Li Wanlin, Dean of Law School of Kunming University of Science and Technology, Prof. Che Hao, Vice Dean of Law School of Peking University and Director of Peking University Center for the Study of Criminal Problems, and Mr. Zhao Chunyu, Deputy Director of the Board of Directors of Beijing Pacific Century Law Firm in China and Director of the National Professional Committee of Criminal Law, made the opening speeches one after another.
The keynote speech session was hosted by Liu Zonggen, Executive Deputy Prosecutor General of Yunnan Provincial People's Procuratorate. Hu Yunteng, President of Case Law Research Society of China Law Society, Deputy Director of the Advisory Committee of the Supreme People's Court, and former Deputy Ministerial Commissioner of the Supreme People's Court, and Chen Ruihua, Professor of Peking University School of Law and Director of the Academic Committee, delivered keynote speeches. Among them, President Hu Yunteng analyzed the focus of criminal governance of enterprise-related crimes from the industrial structure, governance mode, business mode and other characteristics of enterprises, while Professor Chen Ruihua analyzed the feasible path for the further development of enterprise-related crime governance, starting from the topic of structural causes and governance of unit crimes.
In the round table of the forum, the "enterprise-related crimes of the prosecution, defense and trial dialogue" section, by the Northwest University of Political Science and Law, deputy director of the Institute of Advanced Studies in Criminal Defense, Chinese Academy of Social Sciences, associate professor, King&Capital Law Firm part-time lawyers, hosted by the door of the Jinling. Northwest University of Political Science and Law, Vice President of the Institute of Advanced Studies in Criminal Defense, President of the Beijing Branch, King&Capital Criminal Defense Center Director Liang Yali as the guest of honor, while also serving as a guest of honor for the session with the following: Beijing Chaoyang District People's Court, Beijing Criminal Division, Beijing, Beijing, trial business experts Liu Tobing, Shanghai Municipal People's Procuratorate, the Second Branch of the Third Prosecutor's Office of the Shanghai Municipal People's Procuratorate, deputy director of the Third Procuratorate, Shanghai Procuratorate business experts Wu Juping, Taihetai Lawyer Partner of the firm, Su Qin, Deputy Director of the Criminal Committee of Kunming Law Association.
The scene of the roundtable salon
Associate Prof. Men Jinling moderated the Round Table Salon
As the moderator of the Salon, Associate Professor Men Jinling proposed two topics for this session: first, "How to distinguish between unit crimes and crimes committed by natural persons", in particular, there is often a difference in judicial practice as to whether the act of active bribery constitutes the crime of active bribery by a unit or the crime of bribery by an active agent; second, "How to understand and play the judicial restriction function of the legislative interpretation of Article 30 of the Criminal Law", especially against the background of the frequent health insurance fund fraud cases in recent years, how to determine the responsibility of different subjects such as investors, hospital administrators, prescribing doctors, etc., in the case of collusion and exchange of reimbursable drugs.
Presentation by Ms. Liang Yali
As the guest speaker of the salon, Ms. Liang shared her in-depth thoughts on the relationship between prosecution, defense and trial of enterprise-related crimes. Ms. Liang believes that for the first topic: on the one hand, the distinction between unit will and individual will is the key to identify, especially in private enterprises, should be identified by the enterprise decision-making habits; on the other hand, the attribution of "undue benefit", especially in family enterprises, should be considered from the direction of the proceeds, personal remuneration and other aspects. On the other hand, the attribution of "undue benefits", especially in family businesses, should be considered in terms of where the proceeds go and what the individual is paid. At the same time, in some industry supervision and approval department personnel use their position to facilitate the formation of "take, take, take" the background of the industry's unspoken rules, based on the operational needs of private enterprises and the implementation of non-initiative bribery behavior, in the judicial determination of the "undue advantage" should be Adopt the principle of prudence. With regard to the second issue, a distinction should be made between investors and managers, and criminal liability should be pursued strictly within the limits of organizing and committing socially hazardous acts, so as to prevent the expansion or even unlimited application of unit crimes in judicial practice.
In addition, President Liu Tonbing, Director Wu Juping, and Lawyer Su Qin also expressed their views on the two topics of the session. Finally, Associate Professor Men Jinling summarized the discussion results and views of the experts.
Closing Ceremony Scene
The First Dianchi Criminal Rule of Law Forum held a closing ceremony on August 4, presided over by Prof. Chen Weiqiang, President of the Criminal Law Research Society of Yunnan Law Society and Vice Dean of the Law School of Kunming University of Science and Technology, with He Fan, Deputy Director of the Research Office of the Supreme People's Court making a concluding speech, and closing speeches delivered by Yang Yonghua, Deputy Prosecutor General of Yunnan Provincial People's Procuratorate, and Prof. Che Hao, Associate Dean of the School of Law of Peking University and Director of the Center for Criminology of Peking University, respectively. The
Group photo of participants and representatives
The two-day forum ended successfully with the warm applause of the participants. Forum colleagues in the industry combined with their own learning and working experience, share the latest research results and practical experience, gather the wisdom of all parties to discuss the governance of corporate crime, and jointly promote the theory of criminal jurisprudence and criminal justice practice of mutual integration and progress, the forum strengthened the theory of criminal jurisprudence and criminal justice practice of the community of exchanges, communication, and further promote the national construction of the rule of law in criminal matters.
