On May 31st, King&Capital Law Firm's Criminal Department held the third session of “Criminal Defense Seminar”, the theme of which was “Criminal Defense: A Two-Way Journey between Theory and Practice”.
This session of “Criminal Defense Talk” was hosted by Feng Wang, a lawyer of Criminal Department III. The two speakers, Liu Ling and Professor Wang Yichao, shared their experiences and research results successively, and with their profound theoretical foundation and rich practical experience, they integrated the theory and practice of criminal defense, which provided a different way of thinking for criminal defense lawyers. Path. The lecture was attended by more than five hundred people online and offline, and the interaction was warm, everyone asked questions and participated in the discussion, the original two-hour lecture was continuously delayed, and good results were achieved.
Feng Wang first introduced the two guests, combined with the experience of handling cases, introduced the importance of theory and practice for criminal defense lawyers. He said that practice is the source of theoretical inspiration, theory is the refining expression of the law of practice, lawyers want to go far, theoretical literacy and practical skills should not be neglected.
Liu Ling is a lawyer of King&Capital Law Firm, Master of Laws of Tsinghua University, currently serving as a member of Criminal Specialized Committee of All China Lawyers Association, Deputy Director of Criminal Procedure Specialized Committee of Beijing Lawyers Association, and an expert in evaluating legal aid cases of the Ministry of Justice. She has been practicing as a prosecutor and lawyer for more than 30 years, with rich practical experience and profound legal theory foundation, and has handled many major and complex criminal cases with domestic influence.
Ms. Liu Ling took evidence defense as the core, explained in detail what is evidence defense and how lawyers carry out evidence defense. Lawyer Liu used the house as an analogy, the prosecution's evidence system is likened to a house, she put forward from the micro, meso, macro aspects of the prosecution's evidence system to question the method: questioning the key evidence, destroying the chain of evidence, the evidence system as a whole to question. In the lecture, Ms. Liu also shared the methods and techniques of evidence defense through the cases she undertook, emphasizing the role of rules of thumb and laws of logic in evidence analysis.
Wang Yichao is a doctor of law from Tsinghua University, currently an associate professor and master's supervisor at the Law School of Central University for Nationalities, and also serves as the deputy director of the Criminal Justice Department of the Law School of Central University for Nationalities, the executive director of the Center for Innovative Research on Teaching and Learning Development, the director of the China Integrity Law Society, and the director of the Law Society of Cross-Strait Relations.
Professor Wang Yichao took the principle of “equality of arms” between prosecution and defense in criminal proceedings as the starting point, combined with the theory and legal norms of evidence law, and introduced in detail the “heart and stances” of evidence defense. In the lecture, Mr. Wang explained the hearsay rule, the opinion evidence rule, the best evidence rule, the complementary evidence rule and other rules of evidence that can help lawyers to conduct cross-examination, and analyzed the types of legal evidence, beyond a reasonable doubt, the burden of proof, legal reasoning and so on. Mr. Wang shared the framework and steps of the appraisal case analysis method through case study, and finally encouraged criminal lawyers to run in both directions on the road of theory and practice with the conclusion of “keep your feet on the ground and look up to the starry sky”.
In the interactive session, both speakers emphasized the importance of combining theory and practice, suggesting that when handling cases, lawyers should not only be familiar with the legal provisions, but also understand the jurisprudence and spirit behind them. At the same time, both speakers mentioned the importance of defense strategy.
During the lecture, Mr. Niu Xingli, senior partner of King&Capital Law Firm, and Mr. Ma Lixi, lawyer of Criminal Department 3, talked about their own experience in handling cases and shared their experience in cross-examination, and we had a full discussion on the pain points of defense in judicial practice.
Follow-up Activities
The series of activities of “criminal defense” is a column specially set up by the Criminal Department of King&Capital Law Firm to strengthen internal communication, improve the practical ability of lawyers in criminal defense, and enhance the influence of the firm's criminal defense brand. The column aims to promote the King&Capital head office and branch offices, the firm and outside the counterparts, experts and scholars, the exchange and cooperation between the departments within the firm. The “Criminal Defense Talk” activity will be held once a month, and the next activity will continue to invite professionals to share and discuss.
