On August 8–9, 2026, the Third “Dianchi Criminal Law Forum” was successfully held in Kunming, Yunnan. Co-hosted by the Center for the Study of Crime at Peking University and the Criminal Law Research Association of the Yunnan Provincial Law Society, and organized by the Yunnan Branch of the National Prosecutors College, this forum centered on the theme of “Criminal Governance of Environmental and Resource Crimes.” It featured in-depth discussions on key topics such as cutting-edge developments in the judicial handling of environmental and resource crimes, the coordination between administrative and criminal enforcement, and public interest litigation, establishing itself as a high-level professional gathering in the field of environmental and resource criminal law in China. Attorney Liang Yali, Senior Partner at Beijing King&Capital Law Firm and Director of the King&Capital Criminal Defense Research Center, was invited to attend the forum. She served as the moderator for the commentary session in the first session, “Criminal Governance of the Crime of Illegal Mining,” and contributed her professional perspective to the targeted governance of environmental and resource crimes, drawing on three decades of practical experience in criminal defense related to mining. Attorneys Tang Wanzhuo, Yang Haiming, and Li Mingzhen, all partners at King&Capital Law Firm, also participated in the forum.
Forum Venue
King&Capital Delegates: Attorney Liang Yali (second from right), Attorney Tang Wanzhuo (second from left), Attorney Yang Haiming (first from left), and Attorney Li Mingzhen (first from right)
Set against the backdrop of the imminent implementation of the *Ecological and Environmental Code*, this forum focused on practical challenges and theoretical frontiers in criminal justice for environmental and resource cases, aiming to foster in-depth dialogue between academia and the legal profession and to build a comprehensive legal governance system for ecological and environmental protection. The forum featured four thematic sessions on specific criminal offenses and two roundtable discussions. Topics spanned multiple dimensions, including substantive determination, procedural coordination, and governance mechanisms. The discussions incorporated macro perspectives from the highest judicial authorities, practical experience from frontline case handlers, and in-depth academic analysis, creating a multidimensional and comprehensive discussion framework.
Attorney Liang Yali serves as the moderator for the commentary session
In the session titled “Criminal Governance of the Crime of Illegal Mining,” Attorney Liang Yali moderated the commentary session, guiding the professional dialogue throughout. This session began with keynote presentations by Prosecutor Cao Dong of the First Prosecution Division of the Supreme People’s Procuratorate, Deputy Procurator-General Yang Lini of the Dali Prefecture People’s Procuratorate in Yunnan Province, and Attorney Li Bin of Hairun Tianrui Law Firm. They systematically presented the current state of judicial practice regarding the crime of illegal mining from three dimensions: the national case landscape, the typology of exculpatory grounds for mining beyond the permitted term, and an empirical analysis of the value of mineral products. During the commentary session, Attorney Liang Yali invited Kong Delun, Vice President of the Guiyang Intermediate People’s Court in Guizhou Province, and Liu Zhenqian, Chief Prosecutor of the Wenshan Zhuang and Miao Autonomous Prefecture People’s Procuratorate, to provide in-depth commentary in turn. They engaged in a lively exchange on core points of contention—including the substantive determination of “failure to obtain a mining license” against the backdrop of reforms to the “separation of rights and permits” system, the boundary between administrative protection of legitimate expectations and criminal exoneration, and the protection of property rights for private enterprises—fostering a thorough dialogue among the distinct perspectives of the judiciary, procuratorate, and legal profession, and deepening the discussion of the session.
In her session summary, Attorney Liang Yali, drawing on her extensive experience handling mining-related cases, directly addressed new blind spots in the current criminal governance of the crime of illegal mining. She pointed out that traditional governance of illegal mining has largely focused on mining production scenarios. However, in recent years, there has been a rapid increase in cases involving sand and stone in non-mining production sectors—such as construction projects, land grading, ecological restoration, and geological disaster management. While these projects are legitimate and have complete documentation, the disposal of sand and stone resources generated as a byproduct of construction is highly prone to triggering criminal risks. The boundary between criminal and non-criminal conduct has long been blurred, making this a key issue that urgently needs to be clarified in practice.
Liang Yali emphasized that the criminal governance of illegal mining should broaden its scope to further delineate the boundaries of responsibility across three levels: the incidental extraction associated with lawful construction, administrative violations in disposal, and criminal offenses. This approach aims to establish a full-chain governance mechanism featuring clear rules for front-end administrative oversight, precise case diversion through mid-stage coordination between administrative and criminal enforcement, and source-level prevention through corporate compliance at the back end. The goal is to neither condone disguised illegal mining under the guise of construction projects nor improperly subject normal construction activities to criminal scrutiny, thereby achieving a balance between the protection of ecological resources and the order of the construction market.
As a senior expert in the field of criminal defense in China specializing in mining-related crimes and corporate compliance, Attorney Liang Yali has long focused on the development of criminal law regarding environmental and resource issues. She has handled a number of major mining-related criminal cases with significant industry impact and has continuously promoted theoretical research and regulatory improvements in this field. Moving forward, Attorney Liang Yali will continue to lead the King&Capital Criminal Defense Research Center in focusing on the cutting edge of environmental and resource crime jurisprudence, actively participating in high-level industry exchanges, and contributing her professional expertise to advance the refined and rule-of-law-based development of environmental and resource criminal governance, as well as to safeguard the lawful and compliant operations of enterprises.
Translated with DeepL.com (free version)
