On the afternoon of March 28th, the 35th training activity of the famous lectures of King&Capital Criminal Defense Research Center was successfully held in the multi-purpose hall of King&Capital Law Firm. This activity is titled “Interpretation Methods and Application of Criminal Procedural Norms”, which is delivered by Ms. Men Jinling, part-time lawyer of King&Capital Law Firm, associate professor of Chinese Academy of Social Sciences University, vice president of Advanced Institute of Criminal Defense of Northwest University of Political Science and Law, and doctor of law of Peking University, and attracted the enthusiastic participation of more than 300 lawyers online and offline.

At the beginning of the event, Mr. Liang Yali, Director of King&Capital Criminal Defense Research Center and Senior Partner of King&Capital Law Firm, made an opening speech. Mr. Liang briefly reviewed the last celebrity lecture activity and gave a background introduction to the topic of this activity.

Mr. Liang Yali

Ms. Men Jinling firstly talked about the term “malicious appeal” and analyzed the difference between the Procuratorate's reason for protesting an appeal, which is based on a “genuine mistake”, and the defendant's reason for appeal, which is based on a “lack of conviction”. Ms. Men explained, “For the defendant, as long as he or she is ‘not convinced’, he or she can file an appeal. The concept of ‘malicious appeal’ confuses the grounds for protest and appeal, and provides an unreasonable and erroneous interpretation of the Criminal Procedure Law. “. In order to avoid the occurrence of falling into wrong interpretation, lawyers should conceptually establish the awareness that procedural law needs more legal interpretation than substantive law.

Mr. Men also emphasized that frequent legislation cannot solve the problems of judicial practice, but brings new problems, and rule-making and case-by-case interpretation should go hand in hand. Analyzing from the contingent level, the expression of rules is always imperfect, and in any application of law, the rules should be analyzed and interpreted according to possible cases and legal reasoning should be applied to draw reliable conclusions.

Attorney Jinling Men

Afterwards, Ms. Men shared the general methods of legal interpretation of procedural law, including textual interpretation, purpose interpretation, and system interpretation. According to Ms. Men, it is imperative to interpret the meaning of existing legal provisions in a way that is as consistent as possible with the principles of procedural law, and to gradually establish a professional conceptual system in the process of interpretation, with a view to the benign operation of legislation and legal interpretation. Finally, Mr. Men concluded that “the shape of the rule of law is simultaneously shaped by legislation and justice, and we, as legal professionals, need to explore, argue, and converge in individual cases during the process of applying the law to ultimately form a consensus”.

Training site (swipe left and right to view)

After the lecture, the lawyers who participated in the activity exchanged and discussed with Mr. Men on the procedural problems they encountered in the process of handling cases, and the activity ended successfully in a warm discussion atmosphere.