On May 17th, 2024, the “Logic and Experience of Criminal Defense” Salon hosted by Beijing King&Capital (Zhengzhou) Law Firm and co-organized by Henan Legal News Media Center was held on the 15th floor of Yufa Mansion in Zhengzhou City's Zhengdong New District. This activity specially invited the All-China Lawyers Association Criminal Professional Committee consultant, Northwest University of Political Science and Law, Honorary Dean of the Institute of Criminal Defense, King&Capital Law Firm, Honorary Director Tian Wenchang lecture, from the judicial practice departments, well-known universities and a number of law firms in the province on behalf of hundreds of delegates to attend, jitterbugs, fast hand, microblogging and other media platforms throughout the live broadcast to the outside world.
This article on the host speech, topic discussion and other exciting content is organized, invite readers to share.
Host Speech
Zhang Rui, Executive Director of King&Capital Zhengzhou Branch, delivered a welcome speech for the event. He said, in the community's long-term care and support, King&Capital Zhengzhou Branch rooted in the Central Plains, facing the country, has come out of a high quality development of law firms and the rise of the Central Plains resonate with the road. He expects that in the future, King&Capital Zhengzhou Branch will continue to walk towards the “new”, actively embrace new changes, actively adapt to new changes, and strive to explore with all sectors of the community the transformation of the lawyer industry from big to strong.
Zhang Rui
Topic Seminar
Logical Thinking and Criminal Defense Specialization
Why is it difficult for criminal defense lawyers to achieve specialization? This is the “QIAN Xuesen's question” and “Joseph Lee's problem” in the current lawyer community. For this reason, this Salon specially arranged it as the first topic “Logical Thinking and Criminal Defense Specialization”, and invited Mr. Tian Wenchang to solve the problem for us. He has a profound insight: “the logic of specialization lies in the innovation of the concept of the rule of law”.
Tian Wenchang pointed out that, although the pre-Qin and Confucian disputes were expressed in different forms, the so-called rule of law is still essentially the rule of man, the essence of which lies in the use of harsh penalties to manage the country and rule the people. The history of the rule of man in Chinese society is thousands of years long, and the concept of the rule of man is deeply rooted. 1979 to the rule of law is a major step forward, but the rule of law and the rule of law are still not the same. After 20 years of unremitting efforts by members of the legal profession, it was not until 1999 that China truly realized the transition from the rule of law to the rule of law. However, the transition from the rule of law to the rule of law has been a thorny and bumpy road. To this day, there is still a long way to go from recognizing the concept of the rule of law to nurturing the idea of the rule of law.
Tian Wenchang
Types and Discoveries of Logical Problems in Criminal Cases
The “Prosecution, Defense and Trial” is a good story in the field of criminal procedure practice. In the second topic of this salon, “Types and Discoveries of Logical Problems in Criminal Cases”, Peng Xiaodong, Vice President of the Third Criminal Trial Division of the former Henan Higher People's Court, and Ma Heping, Third Grade Senior Prosecutor of the Second Prosecution Department of Henan Provincial People's Procuratorate, were invited as the “trial side” and the “prosecution side” respectively. “Prosecution” as the ‘trial side’ main speech.
Peng Xiaodong focused on the topic, condensed cases, and pointed out “common sense”, “policy”, “group criminal composition”, “social harm”, “cause and effect”, “social harm”, “social harm”, “social harm”, “social harm”, “social harm” and “social harm”. The influence of factors such as “common sense”, “policy”, “group criminal structure”, “social harm”, “causality” and so on on criminal structure was pointed out in the analysis of crimes and misdemeanors. Ma Heping focuses on the qualification and proving power of evidence, puts forward the proposition of analyzing the nature of evidence, and makes an important emphasis on the conformity of evidence with common sense and litigation procedure.
Zhu Xiufeng, Deputy Director and Managing Partner of Jinboda Law Firm, and Dr. Tao Xulei, Doctor of Criminal Law, School of Law, North China University of Water Conservancy and Hydropower, talked with the panel.
Direction and Techniques of Effective Defense
The third topic “the direction and skills of effective defense” speaker, Henan University of Finance and Law Professor, Executive Director of Beijing Tianyuan (Zhengzhou) Law Firm, partner Jiao Zhanying will distinguish between ineffective criminal defense and effective defense, put forward “not adopted defense are ineffective defense Jiao Zhanying distinguished criminal defense into ineffective defense and effective defense, pointed out that “any defense that is not accepted is an ineffective defense”, pointed out the definition and deficiency of “ineffective defense”, and shared the methodology of effective defense: subjectively not affected by the thinking of the parties, but also objectively attaching importance to the evidence and studying it.
This topic was discussed by Feng Zhenguo, founding partner and executive director of Beijing Kangda (Zhengzhou) Law Firm, and Li Yongqing, deputy director and head of criminal business department of Zhejiang Jingheng (Zhengzhou) Law Firm.
Practical case sharing and exchange
Criminal defense from practice, service practice. The event is coming to an end, the salon once again reiterated the significance of practice. In the fourth topic named “Practical Cases Sharing and Communication”, the speaker Li Feng, founder and director of Henan Miso Law Firm, used several distinctive and influential cases such as “logging”, “car theft”, etc., which were handled by him, as the basis for the discussion of the topic. In the fourth topic, the speaker, Li Feng, founder and director of Henan Misu Law Firm, started with his cases of “logging”, “car theft” and several other cases with distinctive features and strong influence, which were rich in content and many details in the defense procedure were touching.
Liu Huatao, Dean of Law School of North China University of Water Conservancy and Hydroelectric Power, Dong Hongjun, Director and Partner of Criminal Business Department of Beijing Deheng (Zhengzhou) Law Firm, Fan Yushun, Partner of Beijing Tianyuan (Zhengzhou) Law Firm, Chen Runyi, Director of Criminal and Civil Interdisciplinary Department of Henan Jinyuyuan Law Firm, and Zhao Zhenfeng, Partner of Henan Dishi Law Firm, had a talk with him.
Interaction
“There are two basic elements in the professionalization of criminal defense: one is theoretical skills and the other is professional skills. Among the two, it is relatively easy to improve theoretical merit, as training on knowledge transfer and updating is already relatively mature, and what needs to be focused on is mainly the subjective efforts of individual lawyers.” Many guests signed up to participate in this salon activity, showing the importance of lawyers to the business of criminal defense lawyers and the recognition of this activity of Beijing King&Capital (Zhengzhou) Law Firm.
Professional criminal defense ability is the foundation of good legal service work for lawyers, industry exchanges and learning is an important way for Beijing King&Capital (Zhengzhou) Law Firm and fellow lawyers to grow and make progress together, and the firm will take the organization of this activity as an opportunity to keep refining and contributing.
