Recently, the China Society of Behavioral Law—a national first-class academic society—conducted an exclusive interview with Attorney An Hongpeng, a partner at King&Capital Law Firm. The interview delved deeply into his book, *A Cautionary Record of Failures and Setbacks: Analysis of Typical Cases Involving Legal Risks and Psychological Tactics for Leading Cadres*, which he edited and authored and was published by the Publishing House of the Party School of the Central Committee of the Communist Party of China. The interview served as an opportunity to exchange frontline observations and professional insights in the field of official misconduct. Approved by the Ministry of Justice and registered with the Ministry of Civil Affairs, the China Society of Behavioral Law brings together more than 3,000 senior experts from legal practice sectors across the country. This interview focused on the disciplinary and legal boundaries of new forms of corruption and covert corruption, highlighting the high regard that this national-level academic platform places on frontline legal practice experience.
Deeply Rooted in Practice, Focused on Legal Risks
In the interview, Attorney An Hongpeng explained that his long-term practice in defending clients accused of official misconduct has made him keenly aware of the gaps in legal knowledge among some leading officials. Based on this insight, he broadened his perspective from high-profile cases to grassroots-level positions, compiling this book to address leading officials while also promoting legal literacy among the general public. The title, “Failure to Defend,” serves as a warning, clearly conveying the book’s primary purpose of risk prevention.
Staying Ahead of the Curve: Examining Covert Corruption
Addressing the concepts of “new forms of corruption and covert corruption”—explicitly raised in the report of the 20th National Congress of the Communist Party of China—Attorney An Hongpeng pointed out that, in the face of today’s covert and complex corrupt practices and methods, legal research must keep pace with current developments. Therefore, the book focuses on new and hidden forms of corruption. Drawing on both investigative and defense perspectives, it analyzes the issue from multiple dimensions—including case-handling strategies, psychological tactics, and key factors in case adjudication—to elucidate the underlying mechanism by which Party discipline and state laws will ultimately be precisely applied, regardless of how corruption tactics may evolve.
Explaining the Law Through Cases: Clarifying the Boundaries Between Party Discipline and State Law
In the interview, Attorney An Hongpeng analyzed a typical case from the book—“Business owners frequently distribute large cash gifts, turning WeChat groups into venues for gift-giving”—to explain the law through practical examples. He pointed out that discipline and law are highly consistent in essence, and that the relationship between the two is one of progressive severity and preventive measures. “Only by taking disciplinary violations seriously can we prevent illegal and criminal acts from occurring.” ” This analysis not only clarifies the boundary between disciplinary rules and the law but also clearly demonstrates the professional value of practicing attorneys in promoting the rule of law and preventing risks.
A Message from the Attorney: Advocating for Prevention Before It’s Too Late
At the conclusion of the interview, Attorney An Hongpeng stated that the original intention behind writing this book was precisely “to provide Party members and leading officials with guidance on legal risks and warnings regarding integrity risks,” using case analyses to help leading officials establish a mindset focused on risk prevention; Criminal defense attorneys—particularly those specializing in official misconduct cases—should not only strive for excellence in individual case defense but also leverage their professional expertise to promote the rule of law and enhance risk awareness, ensuring that official conduct stays well within the bounds of discipline and the law, and striving to prevent problems before they arise.
This exclusive interview with the China Society of Behavioral Law not only demonstrates King&Capital Law Firm’s deep commitment to the field of prevention and defense against official misconduct but also highlights the responsibility and dedication of the legal profession to safeguarding the integrity of public service through professional expertise.
Translated with DeepL.com (free version)
