On September 13, 2025, the 2025 Annual Academic Conference of the Research Society of Legal Documentation of China Law Society was held in Tongji University. Lawyer Liang Yali, director of the Research Society of Legal Documentation of China Law Society, senior partner of King&Capital Law Firm and director of the Criminal Defense Research Center of King&Capital Law Firm, was invited to participate in the meeting and make a special speech, to provide suggestions for the reform and innovation of adjudication documents from the perspective of criminal defense practice.
Conference site
The theme of this annual conference is “Construction of Autonomous Knowledge System of Legal Documentation under the Guidance of Xi Jinping's Rule of Law Thought”. Mr. Ye Qing, vice president of China Law Society, Mr. Jiang Ping, president of Shanghai Law Society, Mr. Zhu Changren, deputy secretary of Shanghai Municipal Party Committee of Political and Legal Affairs, Mr. Xu Xuejun, member of the Standing Committee of the Party Committee and vice president of Tongji University, and Mr. Sun Jianguo, president of the Research Society of Legal Documentation of China Law Society, were present at the conference. Nearly 200 people attended the meeting, including vice presidents, executive directors and directors of the Research Society of Legal Documentation of China Law Society, as well as experts and scholars from law schools and legal practice departments all over the country. Dean Jiang Huiling, Secretary Duan Cunguang and teachers Li Lihua, Su Weikang, Xing Yanpeng, Zhang Yutao and some doctoral and master's degree students of Law School of Tongji University attended the annual meeting. The opening ceremony of the annual meeting was presided over by Gao Jinbo, executive vice president of the Research Society of Legal Documentation of China Law Society.
在研究会分论坛中，与会专家围绕“习近平法治思想指导下法律文书改革与创新”“习近平法治思想指导下法律文书学科体系构建”“习近平法治思想指导下 The topics of “the construction of academic system of legal documents” and “the construction of discourse system of legal documents under the guidance of Xi Jinping's thought on the rule of law” were discussed in depth.
Ms. Liang Ya-Li participates in the sub-forum and talks about the topic
In the “Xi Jinping's rule of law thought under the guidance of legal documents reform and innovation” sub-forum, Liu Guiming, vice president of the China Law Society Legal Documentation Research Association, acted as the moderator. Director of the Research Society of Legal Documentation of the China Law Society, senior partner of King&Capital Law Firm, director of the Kyoto Criminal Defense Research Center, Ms. Liang Yali, with the theme of “from reasoning to reasoning: the response and ruling of the adjudication documents”, combined with her own many years of practical experience in criminal defense, in-depth analysis of the current situation of the current criminal adjudication documents to explain the law and reasoning and the direction of improvement, and the current situation of the criminal justice system and its improvement. direction.
Mr. Liang Yali made a speech.
Liang Yali lawyer pointed out that the criminal judgment documents, “the court that” the reasoning part, is the judge's heart process and decision-making thinking of the centralized embodiment, but also the core carrier of judicial justice to the community. Although the supreme people's court has issued “on strengthening and standardizing the people's court referee interpretation of the guiding opinions” (2018), “the people's court case library construction and operation of the work regulations” (2024), to promote the referee paper reasoning continuously strengthened, but there are still three aspects of the practice is still outstanding deficiencies: First, the procedural matters of the reasoning is weak: from the pre-trial conference procedural issues to the disposition of property ruled that the relevant reasoning is often simplified. First, weak reasoning on procedural matters: from the resolution of procedural issues in pre-trial conference to the ruling on the disposition of property in the case, the relevant reasoning is often simplified, and it is difficult to fully respond to the concerns of the parties about procedural fairness; second, rigid reasoning on factual determinations: the analysis of the evidence is mostly a “formatted” presentation, and the interpretation of common sense, common sense, and common sense is easy to fall into the “result-oriented”, and lack of detailed argumentation on the evidence Correlation, proof of meticulous argumentation; Third, the legal application of reasoning bias: part of the judgment in the conviction and sentence, excessive pursuit of “substantive penetration”, ignoring the basis of the interpretation of the text, the existence of analogical interpretation or expand the scope of the pursuit of responsibility, aggravate the intensity of the penalty tendency, contrary to the law of criminal punishment and the principle of punishment and crime fit the crime.
In view of the above problems, Liang Yali lawyers combined with criminal defense practice, put forward three practical suggestions: one is to update the judicial concept: the trial organs need to adhere to the criminal trial as the center, to promote the trial from “authoritarianism” to “partyism” change, to realize the trial substance and sentencing hearing. The first is to update the judicial concept: the trial authorities need to adhere to the center of criminal trial, promote the trial from “authoritarianism” to ‘partyism’, realize the materialization of the trial and sentencing hearing, and let the reasoning originate from the trial and serve the trial; the second is to optimize the production of documents: to make clear that the criminal judgment is “oriented to the parties and the society at large”, to jump out of the thinking of “internal documents”, and to clearly elaborate the process of handling the case, the reasons for the admission of evidence, and the application of law. The second is to optimize the production of documents: to clarify the positioning of the criminal judgment “for the parties and the society at large”, to go beyond the thinking of “internal documents”, and to clearly explain the process of handling the case, the reasons for the acceptance of evidence, and the logic of applying the law, so that the results of the adjudication can be “reasoned and traced”. Let the people feel fairness and justice in every judicial case".
Attorney Ms. Liang Ya-Li at the meeting
Group photo of the participants
