On October 26, 2024, the first “Energy Security and Legal Protection Summit Forum” was held in Urumqi, which was organized by Northwest University of Political Science and Law, Shanghai University School of Law, Xinjiang Production and Construction Corps Entrepreneurs' Association, and Northwest University of Political Science and Law Alumni Association. Mr. Liang Yali, deputy director of the Institute of Criminal Defense of Northwest University of Political Science and Law, senior partner of King&Capital Law Firm, and director of King&Capital Criminal Defense Research Center, was invited to participate in the forum and delivered a keynote speech on the topic of “Criminal Risk Identification and Prevention in Mining Enterprises”.
Scene of the Forum
The western part of China is an important energy and mineral resources base, with good natural resources endowment (such as coal, oil, natural gas, wind energy, solar energy, hydro energy, etc.), which is of great strategic significance in guaranteeing the national energy security, promoting the energy transformation, and facilitating the international energy cooperation, etc. At the same time, the energy security of the western region is also facing the challenge of “the risk of criminal risk identification and prevention of mining enterprises”. At the same time, energy security in the western region is also facing many challenges, such as the balance between resource development and environmental protection, protection of energy facilities, energy data security, cross-border energy cooperation, legal issues, etc., there is an urgent need to build and improve the energy rule of law guarantee system, for this reason, a number of parties to co-organize the “One Belt, One Road” international context of China's western region first Energy Security and Rule of Law Summit Forum.
The first Energy Security and Rule of Law Summit Forum focuses on five aspects of work and tasks: 1. Relying on the “Belt and Road” international platform: closely integrated with the “Belt and Road” international initiative, to explore the legal issues and challenges of energy security in western China in the context of international regional cooperation; 2. Focus on the West: analyze the characteristics of natural resources and energy endowment in the western region in depth, and provide targeted suggestions for solving the development of rule of law for energy security; 3. Gather global wisdom: invite experts and scholars in the fields of global energy law, environmental law, international law, national security law, etc., representatives of governments, enterprises and legal practitioners to provide solutions with international perspectives on guaranteeing the rule of law for energy security in the western region. Promote innovation: Encourage theoretical innovation and practical exploration, draw on international experience, and provide new ideas and paths for energy security legislation, law enforcement, justice and industry self-regulation in the western region; 5. Serve decision-making: Provide scientific basis and decision-making reference for energy policy makers in the western region and countries along the Belt and Road. Service for decision-making: to provide scientific basis and decision-making reference for energy policy makers in the western region and countries along the “Belt and Road”, to help build a rule of law environment adapted to the needs of the “Belt and Road” energy cooperation, and to provide high-quality legal services for the development of energy construction in the western region and the whole country.
Speech by Mr. Cheng Xianghui, Vice President of the Chinese Society of Behavioral Law.
Mr. Cheng Xianghui, Vice President of the Chinese Society of Conduct Law and Chairman of the Economic Rule of Law Committee, Mr. Cheng Xianghui, the first Prosecutor General of the People's Liberation Army Hong Kong Garrison, Mr. Zhang Junzheng, Deputy Secretary of the Party Committee of the Northwest University of Political Science and Law, Mr. Lu Xuefeng, Associate Professor of the Law School of Shanghai University, Director of the Committee for Internationalized Teaching and Talent Cultivation, and Director of the Center for the Study of the Middle East Law and Business Environment, and Mr. Cao Wenrun, Chairman of the Entrepreneurship Federation of Xinjiang Production and Construction Corps. and Ma Jingyun, Secretary of the Party Committee and Director of Shanghai Haihua Yongtai Law Firm, and five other representatives of the organizers delivered speeches.
Inauguration Ceremony of the Energy Security and Legal Protection Research Center of Northwest University of Political Science and Law (NWUPL)
The forum was presided over by Mr. Zhang Weimin, vice president of the Alumni Association of Northwest University of Political Science and Law and secretary of the Party branch of Shanghai Haihua Yongtai (Urumqi) Law Firm. After the forum released the “Collection of Outstanding Papers of Energy Security and Rule of Law Guarantee Forum”, the guests of the forum jointly held the unveiling ceremony of the Research Center for Energy Security and Legal Guarantee of Northwest University of Political Science and Law, and Mr. Liang Yali was awarded “executive director unit” on behalf of King&Capital Law Firm. “executive director unit” plaque.
Liang Yali lawyer made a keynote speech
In the forum session, Northwest University of Political Science and Law, vice president of the Institute of Criminal Defense, director of the King&Capital Criminal Defense Research Center, Liang Yali lawyers, “mining enterprises criminal risk identification and prevention” as the theme, from the perspective of criminal defense lawyers, combined with its representation of a number of mining enterprises involved in criminal cases experience, relevant laws and regulations, cases for detailed interpretation, in-depth analysis of criminal risk of mining enterprises. Interpretation, in-depth analysis of the reasons for the existence of criminal risk of mining enterprises, and to share with the guests to provide legal protection for the safe production of mining enterprises means, methods and paths.
Mr. Liang firstly introduced the current legislative status in the field of production safety, and interpreted the laws and regulations and legal risks in the field of production safety in the light of the amendments and changes of the Production Safety Law and the Criminal Law. Secondly, Lawyer Liang Yali analyzed in detail the high incidence of crimes in the field of production of mining enterprises from the aspects of laws and regulations, elements of criminal constitution, and theoretical difficulties of the crimes, such as illegal mining crime, destructive mining crime, crime of major liability accidents, and crime of environmental pollution.
Ms. Liang also emphasized the issue of “the transformation of administrative responsibility to criminal responsibility in the field of production of mining enterprises”, and summarized the circumstances that lead to the transformation of administrative responsibility to criminal responsibility; at the same time, she shared with the participants three typical cases of safety production of mining enterprises, and discussed in detail the main body of safety production responsibility, the scope of the pursuit of responsibility, and the causes of the accidents. At the same time, she shared with the participants three typical cases on the main responsibility of production safety, the scope of responsibility, causes of accidents and other issues.
Liang Yali believes that the risk management of production safety in mining enterprises should attach great importance to the construction of the enterprise's own compliance system, which needs to meet the four basic requirements of the design of the system of personnel positions and responsibilities, the necessary support for technical equipment, the extraction of special funds and investment, and the implementation of accident prevention and disposal mechanism. Finally, Mr. Liang put forward three suggestions to the relevant enterprises to effectively reduce legal risks, i.e., pay close attention to relevant laws and regulations, continuously improve their compliance management system, and regularly investigate potential risks.
More than one hundred representatives from King&Capital Criminal Defense Research Center, Shaanxi Moda Law Firm, Xinjiang Saitian Law Firm, Xinjiang Xinyi Law Firm, Shaanxi Ruisen Law Firm and other contractors and support units, as well as the Energy Committee of Xinjiang Lawyers' Association and some law firms in Urumqi, participated in the Summit Forum.
