King&Capital Law Firm's Criminal Department and Shenzhen Branch jointly organized the “Semi-Monthly Seminar on Criminal Defense”, the 18th “Seminar on the Cross-cutting Issues of Criminal and Civil Matters in the Field of Construction and Engineering”, which was successfully concluded in Shenzhen Branch. The seminar focused on the cross-cutting issues of criminal and civil matters in the field of construction and engineering, aiming at discussing how to help clients to effectively resolve disputes, smoothly carry out projects, and comply with the operation of enterprises in the field of construction and engineering through in-depth exchanges in the legal community.

At the beginning of the meeting, Mr. Chu Changzhi, Managing Partner and CEO of King&Capital Law Firm, and Mr. Hou Zhichun, Director of King&Capital Shenzhen Branch, delivered opening speeches respectively. The seminar was presided over by Mr. Wang Xinlong, senior partner and co-manager of the Criminal Department II of King&Capital Law Firm.

Mr. Chu Changzhi

Managing partner, CEO Chu Changzhi introduced the development history of King&Capital, the distribution of the branch offices and the characteristics and outstanding contributions of the Shenzhen Branch, explained the “four policies” of King&Capital of specialization, integration, teamwork and internationalization, and emphasized that King&Capital can provide one-stop solutions for clients in all aspects through the specialized division of labor and teamwork of the 14 professional departments. Chu Changzhi hoped that the activities jointly organized by the Criminal Division 2 of King&Capital and the Shenzhen Branch would be an opportunity to further bring into full play the advantages of specialization, teamwork and comprehensive cooperation between King&Capital and its branches across the region, and elevate the business exchanges and cooperation between King&Capital and its branches to a new stage of development, and make efforts to provide clients with higher-quality legal services.

Hou Zhichun

Director Hou Zhichun welcomed the 18th “Criminal Defense Semi-Monthly Talk” held in the Shenzhen office, and mentioned that the added value of the construction industry will account for 6.8% of GDP in 2023, and there is a lot of space in the legal service market, and disputes in the construction field have increased in the past few years due to economic reasons. Due to the construction project involves many contract subjects, large time span, large amount of money and the current guarantee delivery of the building and other factors, resulting in the complexity of the criminal-civilian cross-case even more, which not only causes great pressure on the parties, but also for lawyers is a new challenge and opportunity. He said, lawyers should be based on the facts and the law to properly handle the case, not only for the parties to solve practical problems, but also through the case representation to promote the rule of law in society and economic progress to contribute to their own strength.

The seminar invited a number of senior experts and lawyers as sharing guests.

Wang Huiling

Wang Huiling, former full-time member of the Procuratorate Committee of Shenzhen Municipal People's Procuratorate, shared her views on the intersection of criminal and civil issues in the construction field, emphasizing the importance of civil legal thinking. She suggested that the concept of “criminal before civil” should not remain unchanged, and argued that civil-criminal cases should be handled flexibly according to the specific circumstances. Wang Huiling also discussed how to regulate civil behavior in order to reduce criminal problems and how to deal with criminal and civil issues when disputes arise. Combined with her own rich experience in handling cases, she emphasized the importance of preventing legal risks in the process of contract signing and fulfillment, and put forward suggestions for the next step, including holding relevant legal training for client organizations and cultivating the lawyers to maintain a peaceful and civilized mindset as well as a professional attitude in providing legal services.

Dai Jianmin

Mr. Dai Jianmin, a lawyer from Shenzhen Branch, shared a case study on the crime of false litigation in the field of construction and engineering as well as the impact of the crime of false litigation on the risk of lawyers' practice, and emphasized the viewpoints that lawyers should be truthful in the process of litigation, avoiding cutting the facts and maintaining honesty, or else they will put themselves in a very dangerous situation. He also constructively put forward a proposal on establishing a communication platform for the head office and branch offices and an integrated article publishing platform to enhance the cohesion and market influence among the head office and branch offices, and between branch offices and branch offices.

Wang Chunjun

Mr. Wang Chunjun, as the deputy director of the Construction Committee of Beijing Law Association, has profound attainments in legal services and research in the field of construction engineering. He shared the topic of “The Necessity of Research on Criminal Cases in Construction Engineering”, which emphasized the reality of researching criminal cases in construction engineering in light of the “five-plus” characteristics of construction engineering, including many funds, many participants, many personnel, many technologies, and many irregularities, and the problems that criminal cases in the field of construction engineering are characterized by the strong industry attributes, the industry and practitioners' weak concept of the rule of law, and the insufficient attention paid to the judicial practice, and emphasized that it is important to conduct a study on the criminal cases in construction engineering. It emphasizes the practical significance of research on criminal cases in the field of construction engineering, and demonstrates the law of crimes in the field of construction engineering through actual cases.

Sun Jingxian

Professor Sun Jingxian of Beijing Architecture University, who has long had an in-depth research on crimes related to the construction field, analyzed the concept, composition and perfection of construction crimes from an academic point of view by virtue of his rich teaching and research experience, discussing the broad and narrow definitions of construction crimes, as well as the levels of the construction legal system. Professor Sun also discussed the definition and criminal responsibility of business negligence crimes, as well as the theory of the composition of business negligence crimes, and carefully analyzed and explained criminal crime cases in the field of construction engineering.

Liu Lijie

King&Capital Law Firm's Senior Partner, Mr. Lijie Liu, shared his experience and insights in the process of undertaking litigation cases and non-litigation projects in the field of construction through five cases, respectively from the three dimensions of criminal accusation, criminal defense, and criminal risk control, which demonstrated the complexity and professionalism of lawyers' provision of legal services in the field of construction, as well as the strategies and tactics lawyers need to use when dealing with such cases. Mr. Liu Lijie hopes that his practical experience will inspire other lawyers to deal with cases in the field of construction and engineering, and he also hopes that the column of “Criminal Defense Semi-Monthly Discussion” will make a greater contribution to the promotion of industry exchanges and the enhancement of professional ability.

Wang Zaikui

Finally, Mr. Wang Zaikui, as a senior partner of the Criminal Department of King&Capital Law Firm and a national trial expert, summarized the seminar by discussing the theoretical controversies and practical difficulties of the intersection of criminal and civil issues, and emphasized that when dealing with intersection of criminal and civil cases, the judgment should be made according to the specific circumstances of the case to determine the first criminal and then civil or the first civil and then criminal. At the same time, he also emphasized the importance of protecting the rights of civil parties and put forward specific suggestions for the protection of civil parties' rights.

Wang Xin Tong

King&Capital Law Firm Criminal Department 2 co-manager, senior partner Wang Xin Tong said in the hosting of the seminar, Criminal Department 2 will continue to be committed to providing high-quality legal services, through the “Criminal Defense Semi-Monthly Chat”, “criminal defense face-to-face” and other columns to organize more similar seminars to meet the needs of people in different fields, to meet the different areas of the population. The department will continue to provide high-quality legal services by organizing more similar seminars through the columns of “Semi-Monthly Talk on Criminal Defense” and “Criminal Defense Face-to-Face” to meet the professional legal needs of people in different fields.

The seminar was well received by the participants, which deepened the understanding of legal practitioners on the cross-cutting issues of criminal and civil cases in the field of construction, reflected the in-depth research results of King&Capital Law Firm on the specialized sub-fields, and also strengthened the communication between the head office and the branch offices, experts and scholars inside and outside of the firm, and the community of law in different fields.