From November 22 to 23, 2025, the 2025 Annual National Conference of the Chinese Society for Criminal Law Studies was held in Xi'an. This year's annual meeting was organized by the China Criminal Law Research Society, hosted by Northwest University of Political Science and Law, and co-organized by Beijing King&Capital Law Firm and Shaanxi Hapu Ruicheng Law Firm. Liang Yali, executive director of China Criminal Law Research Association, senior partner of King&Capital Law Firm and director of Kyoto Criminal Defense Research Center, was invited to attend and deliver a keynote speech.
The annual conference has set up “Research on the Construction of Criminal Law Protection System for Digital Security”, “Research on Social Governance and Criminal Countermeasures in the New Era”, “Research on Criminal Law Protection for Private Economic Development”, “Research on Foreign-related Criminal Law Issues”, “Research on Criminal Law Issues”, and “Research on Criminal Law Issues”. “Foreign criminal rule of law issues research” “criminal law theory frontiers research” five parallel forums, and focus on “high-quality development, high level of security of criminal law protection” theme to open the Graduate Student Forum.
Ms. Liang Ya-Li delivered a keynote speech.
In the third session of the parallel forum, “Research on Criminal Law Protection for the Development of Private Economy”, Liang Yali made a special speech centering on “Response Strategies of Convergent Law Enforcement and Justice in Criminal Cases Involving Enterprises from the Perspective of Lawyers”. Liang Yali lawyer pointed out that the phenomenon of profit-oriented law enforcement not only infringes on the legitimate rights and interests of enterprises and entrepreneurs, but also seriously undermines the business environment and the credibility of the judiciary, and it is urgent to explore the path of cracking from the legal level. She from the form and harm of the law enforcement tendency, substantive defense and procedural defense and other dimensions of how to avoid or correct the adverse effects of law enforcement tendency, etc., carried out a detailed and in-depth discussion.
In terms of entity defense, Liang Yali proposed that the three dimensions of “crime and non-crime, this crime and that crime, and the determination of the amount of crime” must be carried out, and must firmly grasp the three major characteristics of crime, namely “social harm, criminal lawlessness and punishable by criminal penalties”, and strictly follow the principle of the law of crime and punishment, and closely follow the principle of the law of crime and punishment, and strictly follow the principle of the law of crime and punishment. The principle of the law of crime and punishment, close to the elements of the crime for prudent and accurate analysis of the content, to avoid the phenomenon of confiscation through the “upgrading of the crime” in pursuit of heavy penalties or more convenient, at the same time also need to pay attention to all the inputs and expenditures can not be simply identified as the cost of the crime and all counted in the amount of the crime, but should look at the inputs on the The victim has produced the actual value, whether to a certain extent to make up for their losses. Liang Yali believes that lawyers should carry out entity defense from the above three dimensions, and start to crack the entity basis of the tendency to prosecute, in order to ensure that the characterization of each case can withstand the test of law and facts.
Ms. Liang Yali delivering her keynote speech.
In terms of procedural defense, Liang Yali proposed that entity defense is “treating the root cause”, and procedural defense is “treating the symptom” and “correcting the bias” of the process of resistance, the essence is to activate the rights granted by procedural law against the public power, to ensure that each case is characterized by the law and facts. The essence is through the activation of procedural law, the rights given to the public power of legitimacy supervision, procedural justice to push the entity justice. Liang Yali analyzes the focus of lawyers' work from the three stages of investigation, prosecution and trial:
The investigation stage, should focus on two core, namely, jurisdiction objection and compulsory measures regulation. Jurisdictional objections, lawyers can take the initiative to start the jurisdiction of consultation, application for procuratorial supervision and other ways to carry out the defense work; Compulsory measures, for the human measures, focusing on the “designation of the prison” and ‘arrest’ of the abuse of the measures, for the measures of the object, for the “investigation, freezing and seizure”, for the “investigation, freezing and seizure” of the measures. For the measures against property, for the “four super” problem of “seizing, freezing and detaining”, timely submission of “lifting/changing seizing, detaining and freezing objection”, arguing the relevance of the seized property to the case, the legitimacy of the behavior of the case-handling authority as well as the necessity of the measure itself.
At the stage of examination and prosecution, lawyers should help prosecutors to see the whole picture of the case, and correct the “characterization bias” and “evidence defects” at the stage of investigation. Focus on the characterization of the case and the evidence, make good use of the non-prosecution system, make full use of the supreme prosecutor's “less arrests, careful prosecution, careful custody” criminal justice policy, for the minor circumstances, plead guilty and accept punishment, and actively repair the legal benefits of the case, and actively strive for discretionary non-prosecution, for the enterprise to leave a chance of survival.
At the trial stage, lawyers' defense should focus on the two aspects of “evidence exclusion” and “property disposal”. Tendency to law enforcement may exist in the torture to force confessions, induce confessions and other illegal evidence collection behavior, lawyers should actively apply for the start of the exclusion of non-procedural. Disposal of property, focusing on the relevance of the property and the case, the proportion of the disposal of property, the reasonableness of the amount of compensation.
At the end of her speech, Ms. Liang Yali called for the effective curbing of profit-oriented law enforcement and optimization of the development environment of the private economy, which is a systematic project requiring the collaborative governance of lawyers and even the whole society, and that lawyers' groups should follow the national policies, adapt to the new background of the new era, and contribute to the rule of law for the high-quality and high-level development of China's economy.
