On July 20, 2026, the King&Capital “Criminal Defense Research Center” and the King&Capital “Center for Defense and Prevention of Business-Related Crimes” jointly hosted the “Seminar on the Interpretation of the New <PRISON Law> and Practical Issues Regarding Sentence Reduction and Parole” at the Beijing headquarters, focusing on the relevant amendments to the new <PRISON Law>. Attorney Tian Wenchang, Honorary Director of King&Capital Law Firm and Advisor to the Criminal Law Committee of the All-China Lawyers Association; Liang Yali, Senior Partner at King&Capital Law Firm and Director of the King&Capital Criminal Defense Research Center; Senior Partners Yan Huainan and Zhu Yalin; Partners Fu Qingtao and Xu Wei; attorneys Li Mingzhen, Xu Yujie, and Zhang Kai; as well as attorneys from other law firms actively participated in the seminar.
Attorney Tian Wenchang, Honorary Director of King&Capital Law Firm and Advisor to the Criminal Law Committee of the All-China Lawyers Association
At the outset of the seminar, Attorney Tian Wenchang, Honorary Director of King&Capital Law Firm and Advisor to the Criminal Law Committee of the All-China Lawyers Association, delivered opening remarks. Attorney Tian Wenchang first reviewed the historical background of the amendments to the new Prison Law. He pointed out that the 1994 Prison Law, which replaced the Labor Reform Law, marked a shift in the philosophy of criminal punishment from a sole focus on education and reform to the recognition of retribution, thereby laying the foundation for the principle of proportionality between crime and punishment. He noted that the new Prison Law has corrected many unreasonable provisions, such as no longer basing sentence reductions and parole solely on the defendant’s attitude toward pleading guilty. Attorney Tian Wenchang also stated that lawyers’ right to defense should extend throughout the entire criminal proceedings, including the enforcement phase. Lawyers can actively intervene to assist inmates in applying for sentence reductions and parole, while also diligently studying the law and actively expanding their scope of practice in this area. He encouraged further in-depth discussions on the new Prison Law.
Moderator: Attorney Zhu Yalin, Senior Partner at King&Capital Law Firm and Deputy Director of the King&Capital Research Center for Corporate Crime Defense and Prevention
Subsequently, the seminar’s moderator—Attorney Zhu Yalin, Senior Partner at King&Capital Law Firm and Deputy Director of the King&Capital Research Center for Corporate Crime Defense and Prevention—provided an overview of the amendments to the new Prison Law. She pointed out that the new Prison Law, adopted by the Standing Committee of the 14th National People’s Congress on April 30, 2026, marks the first comprehensive revision since the Prison Law was enacted and implemented. The number of articles has expanded from 78 to 121, significantly reshaping the rules governing the enforcement of criminal law. She noted that, from a lawyer’s perspective, this revision is of far-reaching significance, as it provides a legal basis for lawyers to offer comprehensive legal services to inmates throughout the enforcement phase—a development that requires us as lawyers to thoroughly understand and effectively apply the legal provisions.
Attorney Yan Huainan, Senior Partner at King&Capital Law Firm and Deputy Director of the King&Capital Research Center for Corporate Crime Defense and Prevention
During the thematic discussion session, Attorney Yan Huainan, Senior Partner at King&Capital Law Firm and Deputy Director of the King&Capital Research Center for Corporate Crime Defense and Prevention, delivered a presentation on the topic “Procedural Coordination Regarding Meritorious Conduct Through Reporting and Disclosure Following the Implementation of the New Prison Law.” He outlined three key changes in the new law: the raised threshold for sentence reduction, the inclusion of whistleblowing as a ground for administrative rewards for the first time, and the strengthening of the procuratorial supervision and legal liability systems. He also compared the progress made in the implementation of whistleblowing procedures under the new and old laws. Drawing on specific case analyses, he examined the fundamental differences between meritorious conduct for sentencing purposes (Article 68 of the Criminal Law) and meritorious conduct for sentence reduction (Article 78 of the Criminal Law). Addressing practical challenges such as inconsistent standards for “verified facts” and inefficient procedural workflows, he offered actionable recommendations and called on the Supreme People’s Court and the Supreme People’s Procuratorate to issue unified guidance on the transition.
Attorney Fu Qingtao, Partner at King&Capital Law Firm and Head of the Smuggling Crime Defense Specialized Group at the Kyoto Criminal Law Committee
During the discussion session, Attorney Fu Qingtao, Partner at King&Capital Law Firm and Head of the Smuggling Crime Defense Specialized Group at the Kyoto Criminal Law Committee, shared his views on sentence reduction, parole, and the enforcement of property-related sentencing provisions in the context of the new Prison Law. Drawing on his experience as a former senior judge, he traced the institutional evolution of the relationship between the enforcement of property-related sentences and sentence reduction and parole, noting that the core trend of this evolution is a shift toward a substantive review “based on the ability to fulfill obligations.” He also defined the scope of property-related sentences—including recovery of illicit gains, orders to make restitution, fines, forfeiture of property, and civil damages—and provided an in-depth analysis of the five scenarios for determining “having the ability to fulfill obligations but failing to do so,” as well as the exemption rules that do not affect sentence reduction, thereby offering practical guidance for defense strategies during the enforcement phase.
Xu Wei, Partner at King&Capital Law Firm and Researcher at the King&Capital Research Center for Corporate Crime Defense and Prevention
Xu Wei, Partner at King&Capital Law Firm and Researcher at the King&Capital Research Center for Corporate Crime Defense and Prevention, shared insights on the opportunities and challenges presented by the new Prison Law. He focused on the structural changes the new Prison Law brings to criminal defense. Drawing on specific cases, he conducted an in-depth analysis, noting that the amendments to the Prison Law should not make us forget the costs associated with the “black box” procedures of the old law. He reiterated that while new opportunities arise, lawyers must also fulfill the mission entrusted to us by the progress of the rule of law, minimizing such costs and advancing the development of the rule of law. He also interpreted key breakthroughs in the new law, including the three-tiered progressive procedure for sentence reduction and parole, the obligation to provide reasoning in rulings, the prohibition of monitoring attorney-client meetings, and the decoupling of appeals from evaluations of repentance. He noted that defense work has expanded from the three stages of investigation, prosecution, and trial to a “four-stage” process that includes sentence enforcement, and emphasized that attorneys should begin exploring this early and recognize the strategic significance of planning for the enforcement stage.
Li Mingzhen, Deputy Secretary-General of the King&Capital Research Center for Defense and Prevention of Business-Related Crimes and Attorney at King&Capital Law Firm
In her remarks, Li Mingzhen, Deputy Secretary-General of the King&Capital Research Center for Defense and Prevention of Business-Related Crimes and an attorney at King&Capital Law Firm, began with a successful case of sentence reduction to systematically analyze the key points of substantive review in such cases. She pointed out that the fundamental principle to clarify when handling sentence reduction cases is that sentence reduction is an opportunity granted by the state to offenders, not an inherent right. By systematically reviewing Article 78 of the Criminal Law, the newly revised Prison Law of 2026, Judicial Interpretation [2024] No. 5, the “Opinions of the Two High Courts and Two Ministries on Strengthening the Substantive Review of Sentence Reduction and Parole Cases,” she proposed a core model: “Successful Sentence Reduction = Internal Factors × External Factors, Substantive Considerations × Procedural Considerations.” Finally, Attorney Li Mingzhen provided avenues for legal remedies and practical recommendations, emphasizing that the primary focus for family members should be on assisting the offender in proactively creating and demonstrating the conditions that warrant being granted this opportunity.
Xu Yujie, Attorney at King&Capital Law Firm and Researcher at the Kyoto Research Center for Defense and Prevention of Business-Related Crimes
Xu Yujie, Attorney at King&Capital Law Firm and Researcher at the Kyoto Research Center for Defense and Prevention of Business-Related Crimes, shared his views on the enforcement of property-related sentences in criminal cases and the determination of “genuine repentance.” Starting from the dilemma in an intentional injury case—where the offender’s family was willing to compensate but the victim’s family refused to accept it, resulting in the offender failing to receive a sentence reduction for an extended period—he systematically interpreted the core standard of “having the actual ability to fulfill obligations but failing to do so,” as established by Judicial Interpretation [2024] No. 5. In addition, he conducted an in-depth analysis from several perspectives, including the entities responsible for fulfilling property-related sentencing provisions, the rules for discretionary grading of fulfillment capacity, the handling of special circumstances, and the principle of “civil remedies before criminal punishment.” Finally, he put forward three constructive recommendations: improving information sharing, refining local guidelines, and implementing safeguards for rights.
Zhang Kai, Researcher at the King&Capital Research Center for Defense and Prevention of Business-Related Crimes and Attorney at Kyoto Law Firm
Zhang Kai, Attorney at King&Capital Law Firm and Researcher at the Kyoto Research Center for Defense Against and Prevention of Business-Related Crimes, shared insights on the system of sentence reduction and parole from three perspectives: its underlying philosophy, issues in judicial application, and initiation and judicial procedures, providing a systematic overview of China’s sentence reduction and parole system. Regarding the philosophical aspect, he pointed out that sentence reduction and parole are products of the special preventive purpose of criminal punishment and should embody the criminal policy of combining leniency with strictness; Regarding judicial application, Attorney Zhang Kai provided a detailed explanation of the two newly added provisions in Articles 43 and 70 of the revised “Prison Law,” analyzing the relevant legal requirements stipulated therein; regarding procedures, he analyzed the four-step statutory process for implementing sentence reduction and parole, noting that offenders cannot apply on their own—the initiative must come from the prison—but that attorneys may participate in the process in accordance with the visitation provisions of the revised “Prison Law.”
Attorney Liang Yali, Senior Partner at Beijing King&Capital Law Firm and Director of the King&Capital Criminal Defense Research Center
In her concluding remarks, Attorney Liang Yali, Senior Partner at Beijing King&Capital Law Firm and Director of the King&Capital Criminal Defense Research Center, pointed out that, The amendment and implementation of the new Prison Law mark the entry of China’s criminal enforcement system into a new phase characterized by greater standardization and rule of law, and it also opens up new dimensions for the criminal defense industry—the scope of lawyers’ services is no longer limited to the investigation, prosecution review, and trial stages, but should extend to the criminal enforcement phase, thereby establishing a “full-process, full-chain” criminal legal service system. Attorney Liang Yali noted that the presentations by the six speakers systematically covered core issues in criminal enforcement under the new Prison Law, forming a comprehensive practical framework. She highly commended the speakers’ remarks, noting that they combined theoretical depth with practical experience and provided valuable guidance for legal practice.
Attorney Liang Yali further pointed out that companies involved in legal cases need to focus on four key areas: the rights of incarcerated individuals, temporary release for medical treatment, sentence reduction and parole, and visitation procedures. They must strike a balance between ensuring the company’s smooth operation and preventing those involved from overstepping their authority. She recommended that companies establish a collaborative mechanism involving multiple departments, such as legal and compliance, to proactively address existing issues—such as equity holdings and labor relationships—related to incarcerated individuals, thereby balancing compliance and risk management with social responsibility. Attorney Liang Yali analyzed that, overall, the new Prison Law represents both an upgrade in regulations and an opportunity for the industry. She further stated that lawyers should proactively extend their service chains, strengthen their professional capabilities regarding the incarceration phase, and truly achieve full-process criminal defense.
The “Seminar on Interpreting the New Prison Law and Practical Issues Regarding Sentence Reduction and Parole,” jointly organized by the Kyoto Criminal Defense Research Center and the Kyoto Research Center for Corporate Crime Defense and Prevention, concluded successfully.
