On September 12, the ninth session of the King&Capital Criminal Defense Practical Training Workshop was successfully held in Dalian. As the third course of the second round of the workshop, the content of this training course focused on the key professional skill of criminal defense lawyers - the examination of evidence. During the three-day course, the students from Beijing, Liaoning, Shaanxi, Inner Mongolia and other places were divided into five groups, and took turns by group to complete the course successfully through the overall idea of rehearsal and explanation, analysis and summary, and the consultant group and lecturer group came down to dismantle the techniques and taboos of cross-examination together with the students.
That evening, the Kyoto Criminal Defense Practical Training Seminar General Counsel, Beijing King&Capital Law Firm Honorary Director, Northwestern University of Political Science and Law Institute of Advanced Research in Criminal Defense Honorary Dean Tian Wenchang, to “the theoretical basis for the specialization of criminal defense skills and the realization of the path,” entitled the seminar participants to share the lecture by the director of the Beijing King&Capital (Dalian) Law Firm, the Northwestern University of Political Science and Law Institute of Advanced Research in Criminal Defense, Director of the Dalian Branch Huayang presided over the lecture. Mr. Qu Zhiyong, President of Dalian Lawyers Association, Mr. Zhu Wenwen, Vice President of Dalian Lawyers Association, Mr. Hou Jinhui, Vice President of Dalian Lawyers Association, Mr. Feng Yan, Vice President of Dalian Lawyers Association, and Mr. Li Shengbin, Vice Chairman of Supervisors of Dalian Lawyers Association, were present at the seminar.
“Learning the law can not only grasp the skin, to figure out the principles, principles and concepts, know what it is, and know why; to get to the bottom of it, to understand the ins and outs of the law, not the end of the book; but also to understand the knowledge of related disciplines outside of this specialty, not detached from each other. Because although the lawyer is a specialist rather than a generalist, but also can not be partial talent. I have been appealing to the current legal education in our colleges and universities there is a very serious drawback, that is, the phenomenon of three disconnect is very serious. Disconnect between theory and practice, disconnect between related disciplines, disconnect between procedural law and substantive law.” Tian Wenchang said that in response to the three disconnect phenomenon, criminal defense lawyers need to solve the problem of combining theory and practice in the knowledge structure, to solve the problem of integration of related disciplines, to solve the problem of procedural law and substantive law monolithic thinking, in order to be able to put the theoretical foundation really solid. At the same time, but also to study and research the theory of criminal defense.
Tian Wenchang said, over the years, its through the National Association of Lawyers Criminal Committee during his tenure, and and foreign lawyers organizations, drawing on foreign clinic-style training methods, and combined with the characteristics of China's criminal procedure, with the help of the Northwest University of Political Science and Law, the platform of the Institute of Advanced Studies in Criminal Defense, gathered dozens of senior lawyers across the country, after three, four years of time to create a participatory training model of the Xifa University. “This training mode is the way of brainstorming which is participated by each trainee throughout the whole process, and through live exercises, comments, through self-exposure, the way of discovering problems, the way of finding out ways and so on, the criminal defense skills of the trainees are rapidly and systematically improved.” He hopes that the trainees will cherish such training opportunities, take the initiative to participate, and not be afraid of losing face, “the thicker the skin, the better, and only by adhering to this spirit can we reap greater results.”
In the opening speech of the workshop, Hua Yang, Director of Beijing King&Capital (Dalian) Law Firm and Director of Dalian Branch of the Advanced Institute of Criminal Defense of Northwestern University of Political Science and Law, welcomed the lawyers and friends from all over the country, who came to Dalian on the Mid-Autumn Festival to attend the workshop. He said: “criminal proceedings, due to the strict exclusivity criteria for evidence, unlike civil litigation, a high degree of probability, requires criminal defense lawyers to have a high level of logical thinking ability and level, for a long time, our legal education in this regard is missing, and criminal defense lawyers in this area of the training is also missing, and now the West University of Law clinic-style training model is to make up for the gap and really gives criminal defense lawyers hands-on training opportunities with actionable value.” He pointed out that, “At present, although we still have a long way to go in the substantiation of criminal trial, but, as the philosopher Hegel said, the development of things is a wave and spiral, now we reserve the skills of criminal defense, when the substantiation of the trial is really realized, we will be thick and thin.” Finally, I wish you all a fruitful course study during your stay in Dalian and a nice trip to Dalian in golden fall after the class.
“We have arranged the 9th King&Capital Criminal Defense Practical Training Workshop in the beautiful coastal city of Dalian, where there are beautiful scenery and good food, and we hope that you can learn in the class, make friends and exchange ideas, and take advantage of the Mid-Autumn Festival holiday to relax and have fun in Dalian.” Chu Changzhi, managing partner and CEO of Beijing King&Capital Law Firm, introduced in his speech, King&Capital Criminal Defense Practical Training Seminar Department Tian Wenchang, as the first director of the Northwestern University of Political Science and Law Advanced Research Institute of Criminal Defense, led dozens of senior criminal defense attorneys in King&Capital and around the country, drawing on foreign experience, after a long period of research and development, repeated polishing, and finally led the practical training training model on the ground, and gradually to the country to promote. “I believe that after this workshop, we will have more collisions and produce more dazzling sparks.”
“In addition to specialization, you will certainly also gain 'magic', relatively speaking, specialization is certainly the lowest logic. After you understand specialization, the use of 'magic' will not be distorted.” On behalf of the advisory group of King&Capital Criminal Defense Practical Training Seminar, associate professor of Chinese Academy of Social Sciences University and part-time lawyer of King&Capital Law Firm, Men Jinling used the word “magic” to describe the technique of criminal defense. She said that when playing “magic”, there are always some people who always stand by the river and never get their shoes wet, and specialization is the most powerful force for them to ensure that their criminal defense actions will never be deformed. On the day of the course, she highlighted the importance of court investigation in the first instance of substantiation, and among the court investigation, the questioning link is the most important part of the defense, “today we will focus on analyzing and learning the content of the court's questioning.”
Zhang Qiming, senior partner of Beijing King&Capital Firm and representative of the lecturers' group, also recognized the importance of the questioning session. He said, the evidence is the trial court questioning, court questioning, court debate three skills in the core skills, “want to have core progress in the trial, the evidence must break through, today can be said to be the core of the trial skills training.” He brought this time, is a layer of subcontracting murder for hire case, the case has experienced four years, after 10 trials, two first instance, two second instance, has a typical significance. He reduced the case from a vast volume to 54,000 words as a model, hoping to bring the trainees a different harvest and experience.
Northwest University of Political Science and Law, deputy director of the Institute of Advanced Research in Criminal Defense, King&Capital Criminal Defense Research Center Director Liang Yali lawyer, Beijing Beijing Kyoto (Dalian) Law Firm senior partner Wang Shu lawyers, Beijing King&Capital Law Firm senior partner Zang Desheng lawyers as a consultant, Beijing King&Capital Law Firm senior partner Xu Ying lawyers, Weng Xiaoping lawyers, as a member of the instructor group, respectively, on the book evidence, physical evidence, speech evidence, electronic data evidence and other content of the cross-examination techniques organized by the participants, and on the problems reflected on the spot to give full feedback and response. Evidence, Verbal Evidence, Electronic Data Evidence and other content of the examination techniques, organized the students to carry out practical exercises, and on the field reflected the problem, to give full feedback and response.
After two and a half days of study, the participants have recognized this King&Capital Criminal Defense Practical Training Workshop on the topic of cross-examination, and considered that it is full of harvest and has benefited a lot. Some of the trainees also formed a deep friendship through the workshop, and have promised to meet again in the 10th King&Capital Practical Training Workshop to be held in Chongqing in October this year, and continue to conduct in-depth study and exchange on the course of court questioning.
