Seminar on Difficult Problems of Functional Crimes (Second Phase) Event Site
An Hongpeng
On September 18, 2025, King&Capital Law Firm successfully held the Seminar on Difficult Problems of Duty Crimes (the second phase). Han Zhe, Director of Beijing Shihang Law Firm, Vice President of Advanced Institute of Criminal Defense of Northwest University of Political Science and Law, Doctoral Tutor, Liang Yali, Senior Partner of King&Capital Law Firm, Director of Criminal Defense Research Center, Vice President of Institute of Criminal Defense of Northwest University of Political Science and Law, President of Beijing Branch, Wang Yichao, Part-time Lawyer of King&Capital Law Firm, Associate Professor of School of Law of Central University for Nationalities and Master's Tutor, Legal Self-media Wang Yichao, legal self-media, Yang Dakang, former president and editor-in-chief of national magazine, Zhang Xiaofeng, senior partner of King&Capital Law Firm and instructor of Northwest University of Political Science and Law's Criminal Defense Skills Training Program, Yan Huainan, senior partner of King&Capital Law Firm, Li Xiaoxi and Li Mingzhen, attorneys of King&Capital Law Firm, etc., attended to make speeches, and An Hongpeng, partner of King&Capital Law Firm, acted as the moderator.
Alice Liang
First of all, Ms. Liang Yali delivered a welcome speech, expressing her warm welcome and heartfelt thanks to all the guests for coming to King&Capital to participate in the seminar, and at the same time, sincerely inviting people from all walks of life to actively participate in the professional seminars organized by King&Capital, to study and discuss the criminal defense issues, and to strive to make contribution to the cause of criminal defense and the construction of the rule of law.
The keynote speech session:
Han Zhe
Mr. Han Zhe pointed out that although defense lawyers generally reflect that it is “very difficult” to defend crimes on the job, defense lawyers still need to be confident, focus on researching the laws of investigating crimes on the job and rules regulating the power of investigation, improve the professional ability to handle the case, and fully safeguard the defendant's lawful rights and interests, including the defendant's sentence and the protection of lawful property. 。He said, on the one hand, the new “supervision law” in the illegal evidence exclusion to make new provisions for the parties and defense lawyers to exercise the right to exclude illegal evidence to provide legal support, at the same time, the new “supervision law” also provides for the investigated person and his close relatives, interested parties to the procuratorate the right to file complaints and appeals, which requires lawyers to actively strive for the activation of these provisions for the exclusion of illegal evidence Open up new paths; on the other hand, in practice, the defendant should be defended from the perspectives of evidence, facts, procedures, and application of law, and the defendant should be defended in terms of misdemeanor, misdemeanor, attempted misdemeanor, self-surrender, and merit, so as to make the defense effect effective.
Zhang Xiaofeng
Mr. Zhang Xiaofeng analyzed the regulations of funds, securities and other financial products in detail, and concluded that fund companies and securities companies should bear the responsibility of compensation if they violated the law and caused damage to the investors in the process of engaging in the service activities of the funds, securities and fund management plans, and in this way analyzed in detail the correlation between compensation for the loss of financial products and the crime of accepting bribes.
Yan Huainan
Mr. Yan Huainan focused on the in-depth interpretation of new and hidden job crimes, and proposed that compared with the directness of traditional corruption, the new type of corruption presents significant invisible characteristics. He pointed out that the judicial determination work is faced with three difficulties, i.e., the subjective intent is hidden, the nature of the behavior is vague, and the application of discipline and law is hindered. At the same time, he also put forward three major ways of thinking: presumptive thinking, inferring subjective intent from abnormal behavior based on common sense and logic; penetrative thinking, unveiling the camouflage of civil and commercial behaviors, and restoring the essence of transfer of benefits; and dialectical thinking, comprehensively determining the amount of the crime from six dimensions, taking into account the formal and substantive justice, which provides a clear path to accurately fight against this type of crime.
with the talk and speech session:
Li Xiaoxi
Mr. Li Xiaoxi proposed that the crime of accepting bribes by using influence can precisely combat the “shadow of power”, the core of which lies in the fact that if the perpetrator exerts substantial influence through close relations with state officials (including close relatives and other closely related persons), thus seeking undue benefits for the requestor and accepting property, it constitutes this crime. He said that the determination in the current judicial practice focuses on “substantial influence” rather than formal status, and takes whether there is ‘conspiracy’ with others or “knowledge” of the requesting matter or the acceptance of the property as an element. The key element is whether there is “conspiracy” with others or “knowledge” of the request or acceptance of the property.
Li Mingzhen
Ms. Li Mingzhen believes that job-related crimes have always been the pain points and difficulties in criminal defense, in which the identification of complicity, the identification of specific and unspecified relations, the identification of non-specified relations as accomplices to the crime of passive bribery, and whether there is a conspiracy, the joint implementation of the act of common possession of financial understandings and determinations, etc., are hot topics discussed in the theory and practice of the industry and where the defense space is located. She said that defense lawyers should combine the constituent elements, evidence in the case to argue closely, and strive to fight for the rights and interests of their clients.
Point of view speech session:
Wang Yichao
Associate Professor Wang Yichao concluded her speech by mentioning that the previous speakers shared both macro vision and micro skills, and the contents were brilliant, and that although it is difficult to defend office crimes, the duty of criminal defense lawyers is precisely to rise to the challenge, and in this game, the most solid weapon is legal norms and social common sense.
She said, corruption and bribery cases in the statute of limitations is also worthy of attention, in the fact that the level of defense, the nature of the property involved in the accurate determination is crucial, which requires the criminal defense lawyers must take the initiative to broaden the boundaries of knowledge, and take the initiative to learn the financial and accounting and other cross-specialty knowledge. On the increasingly common “penetrating accusation”, she believes that defense lawyers should also be good at using “penetrating defense” response strategy, so as to find and cut off the weak links in the chain of accusation, redefine the legal attributes of the property involved in the case, so as to achieve Effective defense in the form of pulling out the firewood from the bottom of the cauldron.
Yang Dakang
Mr. Yang Dakang, a senior legal media person, combined with practice, commented from the perspective of the family members of the clients who have committed crimes. He believes that the core of lawyers' representation in job crime cases is not to make trouble, but to break the judicial inertia with professional knowledge: from the “centering anchor” at the detention stage (to avoid the collapse of family members' information anxiety), to the “fact calibrator” (to assist the family members' communication) in the pre-trial communication. Calibrator" (assisting the case officer to accurately characterize), and ultimately realize the value of effective defense. He mentioned that those confrontations that seem to “cause trouble” to the case management have safeguarded justice and promoted the high quality of such cases from a holistic perspective.
Group photo of the book donation
After the end of the activity, An Hongpeng signed the book, the scene atmosphere is warm.
This activity was carried out to discuss the difficult issues in the practice of job crime handling, showing the professional level of criminal business of King&Capital, the future of the series of seminars will continue to carry out!
Translated with DeepL.com (free version)
