On November 8, 2024, the 2024 Annual National Conference of China Criminal Law Research Society was held in Southwest University of Political Science and Law. The conference was organized by the China Criminal Law Research Society, undertaken by Southwest University of Political Science and Law, and co-organized by Beijing King&Capital Law Firm and Beijing Guanheng Law Firm. Mr. Liang Yali, senior partner of King&Capital Law Firm and director of King&Capital Criminal Defense Research Center, Mr. Jin Jie, Mr. Li Rong and Mr. Fang Jun, senior partners of King&Capital Law Firm, were invited to participate in the conference. Mr. Jin Jie made a speech on the topic of “Research on the construction of independent knowledge system of Chinese criminal law”, and Mr. Liang Yali made a speech on the topic of “Disposal system of property involved in cases under the perspective of criminal defense” in the forum session.
Scene of the Conference
Representatives of King&Capital lawyers attending the meeting
From left: Li Rong, Jin Jie, Fang Jun, Liang Yali
The theme of the annual meeting of China Criminal Law Research Association was “Research on the construction of independent knowledge system of Chinese criminal law”, experts and scholars from the domestic criminal law field, as well as representatives of judges, prosecutors and lawyers, participated in the symposium together.
Opening Ceremony
During the opening ceremony, Wang Qijiang, member of the party group and vice president of the China Law Society, Mao Zhonghua, member of the party group and vice president of the Supreme People's Court and second grade judge, Miao Shengming, deputy ministerial-level member of the Procuratorate Committee of the Supreme People's Procuratorate and second grade prosecutor, and Jiang Tianbo, executive deputy secretary of Chongqing Municipal Party Committee for Political and Legal Affairs, attended the meeting and delivered speeches. Mr. Gao Mingxuan, Honorary President of China Criminal Law Research Association and “People's Educator”, made a written speech. Mr. Gao Mingxuan, “People's Educator”, made a written speech. Mr. Jia Yu, President of China Criminal Law Research Association, Secretary of the Party Group of Shanghai Higher People's Court, President of Shanghai Municipal Higher People's Court, and Second Grade Judge, made a report on the work of the President. Mr. Shi Manlian, Party Secretary and Procurator General of Chongqing Municipal People's Procuratorate and Second Grade Procurator, Mr. Wang Zhongwei, Deputy Party Secretary and Vice President of Chongqing Municipal Higher People's Court, Mr. He Guofeng, Secretary General of Chongqing Municipal Law Society, Mr. Chen Zhongdong, First Grade Inspector of Chongqing Municipal Law Society, and Mr. Fan Wei, Secretary of the Party Committee of Southwest University of Political Science and Law, were present at the meeting. Lin Wei, Deputy Secretary of the Party Committee and President of Southwest University of Political Science and Law, delivered an opening speech on behalf of the university. Mei Chuanqiang, vice president of China Criminal Law Research Society and professor of Southwest University of Political Science and Law, presided over the meeting.
In order to let the theoretical research of criminal law better understand the legislation and judicial practice, and enhance the practicality and relevance of theoretical research, the opening ceremony was followed by a keynote report. The keynote report session was chaired by Lai Hong, vice president of the Chinese Society of Criminal Law Studies and professor of Tsinghua University. Xu Yongan, Deputy Director of the Criminal Law Office of the Legal Working Committee of the Standing Committee of the National People's Congress, Li Ruiyi, President of the Fifth Division of the Criminal Trial of the Supreme People's Court, and Luo Qingdong, Deputy Director of the General Crimes Prosecution Department of the Supreme People's Procuratorate, delivered keynote speeches one after another.
In the forum session, the guests centered on “Research on Basic Issues of the Construction of the Independent Knowledge System of Chinese Criminal Law”, “Research on Frontier Issues of Criminal Law Theory”, “Understanding and Application of Amendment (XII) to the Criminal Law ”, “Criminal Law Issues in the Revision of the Criminal Procedure Law”, “Chinese Experience in the Judicial Governance of Crime in the New Era”, the theoretical and practical issues in the form of parallel forums for in-depth discussions, and on the basis of Based on the theme of “Research on the Construction of Independent Knowledge System of Chinese Criminal Law”, a forum was specially opened for the master and doctoral students of criminal law in China.
Mr. Jin Jie made a speech for discussion
Mr. Jin Jie, a senior partner of King&Capital Law Firm, put forward the viewpoint of “three integrations” in his speech on the theme of “Research on the Construction of Independent Knowledge System of Chinese Criminal Law”: First, the integration of inheritance and reference. China's culture is profound and profound, the construction of China's criminal law independent knowledge system can not be separated from the foundation of inheritance. For example, in terms of the “benefit of the doubt”, in China during the pre-Qin period, advocating judicial prudence and leniency, in addition to drawing on extraterritorial criminal law, and China's actual integration, the formation of a criminal law system of Chinese characteristics; Second, the integration of theory and practice. Research theories should guide practice, legislation and justice, and research results should be utilized in judicial practice; third is the integration of research and innovation. To research innovation in the combination of theory and practice. For example, the problem of illegal evidence exclusion, despite the recent Supreme Court Supreme Prosecutor Ministry of Public Security issued a new exclusion of illegal evidence provisions, but the problem of illegal evidence exclusion is still a difficult problem in judicial practice. How to curb the formation and admissibility of illegal evidence from the source, many years ago I have put forward a point of view, in order to ensure the legitimacy of the formation of criminal suspects, defendants confession, must be formed in a legal detention place, that is, the custody of the formation of continuous synchronous audio-visual recording, in order to avoid the formation of illegal evidence and admissibility, and in the formation of criminal suspects outside of the custody of the accused's confession of guilt can not be guaranteed because of the legality and cannot be used as a basis for a case.
The parallel forum on “Criminal Law Issues in the Revision of Criminal Procedure Law” was moderated by Zhang Xu, vice president of China Criminal Law Association and professor of Jilin University, and Deng Zibin, executive director of China Criminal Law Association and researcher of Institute of Law, Chinese Academy of Social Sciences. As a guest of the forum, Mr. Liang Yali, executive director of CCRS and director of King&Capital Criminal Defense Research Center, made a speech on the topic of “Practical Reflection and Legislative Expectation on the System of Disposal of Property Involved in Cases under the Perspective of Criminal Defense”.
Mr. Liang Yali delivered a keynote speech in the parallel forum.
Lawyer Liang Yali said that under the perspective of defense, there is a conflict between the logic of law enforcement and the spirit of the current law on the disposal system of case-related property. Specifically, the current property disposal system mainly exists in the case of property disposal scope is unclear, the start of coercive measures has a certain degree of arbitrariness, the property involved in the investigation of the lower standard and other practical problems. It is because of the above procedures on the “fuzzy zone”, leading to the relevant personnel in the law enforcement process and the reality of the rule of law demand contrary to the concept of deviation.
Liang yali lawyers think, the regulation of property disposal system, need to be legislation, justice, law enforcement together: first of all, should be clear from the legislation on the disposal of property involved in the scope of the strict distinction between the proceeds of the law and legal property; at the same time, adhere to the judicial review of property involved in the case, to protect the lawful rights and interests of citizens' property; finally, should improve the standard of property involved in the case of the investigation and verification of property involved in the case of the source of comprehensive investigation of property involved in the case of the source of the ownership, nature and value, to further adjust the case, Lastly, the standard of identification of property involved in cases should be raised, the source, ownership, nature and value of the property involved in cases should be fully investigated, and the system of disposal of property involved in cases should be further adjusted to revitalize the private economy and even the national economy.
Group photo of participants
After the Parallel Forum and Graduate Student Forum, the conference held a closing summary and award ceremony, which was attended by nearly 300 people. The closing ceremony was presided over by Jia Yu, President of the China Criminal Law Research Association, Secretary of the Party Group and President of the Shanghai Higher People's Court. Jia Jian, Professor of Southwest University of Political Science and Law, Zhou Qin, Director of CCRS, Professor of Zhongnan University of Economics and Law, Li Benchan, Director of CCRS, Professor of Wuhan University, Xu Guanghua, Director of CCRS, Professor of East China University of Political Science and Law, Yu Chong, Director of CCRS, Professor of China University of Political Science and Law, and Fang Jun, Deputy Director of Editorial Department of Journal of Chinese Academy of Social Sciences Universities made speeches on the seminar topics of the parallel forum and postgraduate forum respectively. and Fang Jun, Deputy Editorial Director of the Journal of the Chinese Academy of Social Sciences University, respectively, on the parallel forum and postgraduate forum seminar topics for academic summary.
In his concluding remarks, President Jia Yu expressed his gratitude to the Southwest University of Political Science and Law for hosting the annual meeting. He pointed out that the annual meeting was well-prepared, the topic was significant, the discussion was in-depth, the meeting style was excellent, and the meeting was well organized, showing the good appearance of Chinese criminal law scholars. In addition, the annual meeting for the first time opened a national criminal law graduate student forum, this innovative initiative not only provides a valuable platform for young scholars to show themselves and exchange ideas, but also stimulates the academic passion and creativity of young scholars.
