On April 10, 2026, the “Seminar on Effective Defense in Smuggling Cases,” organized by the First Criminal Division of the Criminal Litigation Department at King&Capital Law Firm, was successfully held in Beijing. Focusing on cutting-edge judicial practices in smuggling crimes, export control compliance, and corporate risk management, the seminar brought together leading experts from diverse fields—including customs enforcement, judicial adjudication, legal research, and criminal defense—to explore effective defense strategies for smuggling cases. The event provided professional guidance to legal practitioners and import-export enterprises, fully demonstrating King&Capital Law Firm’s professional expertise and industry leadership in criminal defense, cross-border law, and corporate compliance.
The seminar featured special guest speakers Attorney Tian Wenchang, Honorary Director of King&Capital Law Firm, and Zhu Feng, former Vice President of the China Customs Society, who delivered opening remarks; Attorney Liang Yali, Senior Partner at King&Capital Law Firm and Director of the King&Capital Criminal Defense Research Center, attended and delivered the closing remarks; Attorney Shi Donghai, Director of the Management Committee at Beijing Renqiao Law Firm; Professor Cui Xinsheng from the University of International Business and Economics; Attorney Fu Qingtao from King&Capital Law Firm; and Professor Lu Changming from the China Customs Management Cadre College served as keynote speakers. Attorney Zhu Yalin, Senior Partner at King&Capital Law Firm, chaired the meeting. Wang Qun, Senior Partner at Lifeng Law Firm; Li Zhiguang, Senior Partner; Yang Haiming, Partner; Guo Liangjing, Partner; and Yang Dakang, Counselor, all from King&Capital Law Firm, along with several other senior attorneys, participated in the seminar.
Guest Remarks
At the beginning of the meeting, Attorney Tian Wenchang and Vice President Zhu Feng delivered opening remarks.
Attorney Tian Wenchang pointed out that smuggling crimes are typical statutory offenses, essentially involving the evasion of customs duties. Because they infringe upon national interests and are far removed from public awareness, coupled with the complexity and volatility of customs tax policies, these cases present challenges in determining tax evasion, judicial characterization, and defense strategies; however, they also offer broad scope for defense. Attorney Tian Wenchang emphasized that research on smuggling crimes is both challenging and valuable, and he expressed hope that this symposium would break free from formal constraints to produce truly valuable practical outcomes.
Vice President Zhu Feng stated that as the state continues to strengthen foreign trade controls and export controls, the number of smuggling cases is on the rise, presenting significant opportunities in the field of defense. He pointed out that the legal framework governing smuggling is complex, and a single set of facts often involves competing legal provisions. He proposed the application principle of “choosing the lighter penalty as the general rule and the heavier penalty as the exception,” thereby opening new avenues for effective defense. At the same time, Vice President Zhu Feng drew on typical cases to conduct an in-depth analysis of four core practical issues: the calculation of evaded taxes, the determination of subjective knowledge, sentencing considerations, and the distinction between corporate and individual criminal liability.
Thematic Seminar
Attorney Shi Donghai systematically analyzed the five key investigative mindsets in smuggling cases: assertive thinking, professional expertise, performance-oriented tendencies, holistic evidence assessment, and a stance rooted in basic justice. He also outlined five key defense strategies: determining the nature of the perpetrator, distinguishing roles and responsibilities, challenging the facts of the crime and the amount of tax evaded, arguing sentencing mitigating factors, and defending against property penalties and the disposition of involved assets. He also shares four effective defense strategies: selecting the right defense direction, adhering to a meticulous defense approach, challenging charges through factual reconstruction, and precisely refuting key evidence.
Professor Cui Xinsheng begins by examining the historical evolution of export controls in both the East and West. He traces the changes in China’s export controls on commodities such as tea and silk, as well as the development of Western regulatory frameworks—including the “CoCom,” “Wassenaar Arrangement,” and “Small Yard, High Wall”—and, in light of the current international industrial landscape and China’s Export Control Law and Regulations on the Export Control of Dual-Use Items, interpreted China’s export control system and compliance requirements. He clarified the administrative and criminal liabilities that may arise from violations of control regulations, providing theoretical and practical guidance for corporate export compliance.
Attorney Fu Qingtao, drawing on judicial practice, proposed that defense strategies for smuggling crimes should closely align with the elements of the crime and the specific characteristics of the case, using objective evidence to challenge the “textbook-based adjudication” mindset. He highlighted four key defense points: first, determining the substantive harmfulness of the act, which can serve as a crucial basis for applying the “proviso” in Article 13 of the Criminal Law to exonerate the defendant; second, strictly examining whether the act violates customs supervision regulations; third, precisely distinguishing between corporate and individual crimes; fourth, standardizing the seizure, freezing, and confiscation of involved assets to prevent excessive measures.
Professor Lu Changming shared insights from the dual perspectives of corporate risk prevention and legal practice, proposing that enterprises should eliminate any complacency and adhere to prevention at the source. Regarding defense strategies, he focused on analyzing the criteria for establishing subjective intent and the defense rules for blind box smuggling cases. He emphasized that defense efforts must balance legal and social outcomes, uphold the overall national security perspective, and safeguard national interests while protecting the legitimate rights and interests of clients.
Closing Remarks
At the conclusion of the seminar, Attorney Liang Yali delivered closing remarks. She noted that the seminar featured substantive content and in-depth discussions, bringing together insights from law enforcement, the judiciary, academia, and the legal profession to provide clear pathways and practical guidance for the defense of smuggling crimes, export control compliance, and corporate risk prevention and control.
Attorney Liang Yali comprehensively summarized the core viewpoints of the speakers, distilling key outcomes such as the concurrent application of legal provisions, the determination of legal subjects, tax assessment, the disposal of involved assets, and corporate compliance and risk prevention. She noted that the conference clarified key points for both substantive and procedural defense in smuggling cases, strengthened practical approaches to the defense of assets involved in cases, and established an integrated service model of “effective defense + corporate compliance + risk prevention and control,” effectively addressing cutting-edge challenges such as cross-border evidence collection and the admissibility of evidence. Attorney Liang Yali expressed her gratitude to the experts for their contributions and looked forward to further deepening exchanges in the future to jointly elevate the professional standards of defense in smuggling cases.
Closing Remarks
As a leading comprehensive law firm in China, King&Capital Law Firm has long specialized in core practice areas such as criminal defense, foreign-related law, corporate compliance, and dispute resolution. We consistently provide clients with comprehensive legal support guided by a service philosophy centered on professionalism, precision, and internationalization. The successful hosting of this “Seminar on Effective Defense in Smuggling Crimes” represents a significant initiative by King&Capital Law Firm to focus on cutting-edge legal practices, promote industry exchange, and empower corporate development.
Moving forward, King&Capital Law Firm will continue to leverage its professional strengths to establish more high-level legal exchange platforms. We will deepen our expertise in key areas such as smuggling crimes, financial crimes, cross-border legal affairs, and corporate compliance. Drawing on our professional expertise and practical experience, we are committed to making greater contributions to safeguarding clients’ legitimate rights and interests, optimizing the business environment, and advancing the rule of law across the nation.
