On the afternoon of June 26, 2024, on the occasion of the 37th International Day against Drug Abuse, King&Capital Law Firm successfully held a seminar on “Drug Crime Governance in the New Circumstances” in the multi-functional hall on the 22nd floor. This seminar was organized by King&Capital Food and Drug Law Research Center, inviting many famous experts, scholars and senior lawyers in the field of drug crime to participate, with a total of more than 700 participants online and offline.
At the beginning of the seminar, Mr. Chu Changzhi, Managing Partner and CEO of King&Capital Law Firm, made a speech. He pointed out that King&Capital Law Firm was established 29 years ago, always adhering to the concept of “pursuing excellence, living up to the trust”, under the leadership of the founder, Mr. Tian Wenchang, is committed to building a first-class law firm communication and research platform, and has carried out long-term and in-depth practical and theoretical research in the field of drug crime defense and drug control. 2024 April On April 20, the King&Capital Food and Drug Law Research Center was formally established, and this seminar is the first activity held since the establishment of the center, reflecting the specialization and refinement of the King&Capital firm in the field of food and drug legal services.
The seminar was divided into two thematic units, the first of which was “New Situation and New Problems of Drug Crimes”, with keynote speeches by Dr. Zeng Wenyuan, Director of the Research Center for Food, Drugs and Environmental Crimes of the People's Public Security University of China, and Mr. Tang Jianbin, Senior Partner of King&Capital Law Firm and Director of King&Capital Food and Drug Law Research Center. Lawyer Cao Chunfeng, Director of Inner Mongolia Shouzheng Law Firm, Lawyer Zheng Lifang of Shandong Qingkai Law Firm, and Professor Gao Guijun of the National Judges College, former member of the Trial Committee of the Supreme People's Court, and President of the Fifth Judicial Division of the Criminal Law Division, were among the speakers.
Dr. Zeng Wenyuan started from the situation of drugs and the current situation of drug control, pointing out that there are major problems such as confusing system, sketchy regulations and arbitrary listing in drug control in China, and put forward suggestions such as tracing the source of drugs, classifying drugs and risk control in response to the above problems.
Mr. Tang Jianbin took the topic of “Defense Issues of the Crimes of Narcotic Drugs and Synthetic Cannabinoids” and analyzed how to understand the legal purposes such as medical treatment in the Summary of Kunming Conference, whether the domestic buyers of narcotic drugs can constitute the crime of drug smuggling, how to qualify the cross-border e-commerce sales of cannabinoids, and whether the illegal sales of cannabinoids can be re-designated as the crime of illegal business operation. The discussion session was organized by Mr. Gao Guijun, Mr. Gao Jun, and Mr. Gao Jun.
In the talk session, Mr. Gao Guijun, Mr. Cao Chunfeng and Mr. Zheng Lifang shared how to carry out effective defense of drug-related cases of narcotic drugs from both substantive and procedural perspectives in light of the drug-related cases of narcotic drugs handled by them respectively. Mr. Gao Guijun, with his long experience in the trial of drug crime cases, explained the issues mentioned in the keynote speech.
The second theme of the seminar, “Application of Death Penalty to Drug Crimes”, was delivered by Yuan Bin and Cao Chunfeng, professors and doctoral supervisors of the Institute of Criminal Law and Science of Beijing Normal University, with Mr. Gao Guijun, Mr. Zhang Yu, partner of Beijing Shangquan Law Firm, director of Shangquan Drug Crimes and Death Penalty Review Center, and Mr. Tang Jianbin as speakers. Mr. Tang Jianbin talked with the lawyers.
With the title of “The Practical Logic of the Application of Death Penalty for Drug Crimes and its Reasonable Restriction”, Prof. Yuan Bin made a profound interpretation of the current situation of the application of the death penalty for drug crimes in practice, and compared the standards of the application of the death penalty for drug crimes horizontally and vertically, and proposed that the application of the death penalty for specific drug crimes is based on the two chains, i.e., the chain of causality and the force of action. Finally, Prof. Yuan Bin reflects on the relevant standards for the application of the death penalty for drug crimes, and clarifies the direction and level of restriction for the application of the death penalty for drug crimes.
Lawyer Cao Chunfeng analyzed the current situation and problems of the application of the death penalty for drug crimes in judicial practice under the title of Wrong and Right in the Application of the Death Penalty for Drug Crimes in Judicial Practice. Lawyer Cao also pointed out the loopholes and flaws that exist in the process of handling death penalty cases of drug crimes by some judicial organs at present, and accordingly determined the defense direction and strategy in a targeted manner, combining with his own practice and case handling experience.
In the talk session, Mr. Gao Guijun, Mr. Zhang Yu and Mr. Tang Jianbin had a warm discussion on the application of death penalty for drug crimes. Gao Guijun profoundly pointed out that drug crimes are essentially profit-oriented economic crimes, the application of the death penalty should be extraordinarily cautious, to ensure that the death penalty is only applied to a very small number of extremely serious criminals, the relevant provisions of the “Kunming Minutes” reflects this trend. Zhang Yu lawyer from handling drug crime death penalty review case, analyze the current drug crime death penalty review in some problems and corresponding defense strategy. Tang Jianbin pointed out that the application of the death penalty to cases of trafficking in new types of drugs such as narcotic drugs should take into account factors such as the quantity, content and scope of abuse of drugs.
At the end of the seminar, Mr. Wang Zhiqiang, Deputy Director of King&Capital Food and Drug Law Research Center, summarized and looked forward to the seminar. In addition, an appointment ceremony was held at the seminar, in which King&Capital Food and Drug Law Research Center appointed lawyer Cao Chunfeng as the expert consultant of the center.
The seminar conducted an all-round, multi-level discussion on the governance of drug crimes under the new situation, with lively on-site discussions, both practical and public interest, and achieved good results. King&Capital Law Firm will continue to build a high-quality research and exchange platform, and help improve the professional level of the defense of criminal lawyers.
