On September 9, 2026, a book launch and symposium titled “Research on the Fourth Amendment to the Criminal Procedure Law” was held in Beijing, hosted by Haolue Law Firm. Liang Yali, Standing Council Member of the Chinese Society of Criminal Law, Senior Partner at Beijing King&Capital Law Firm, and Director of the King&Capital Criminal Defense Research Center; Wang Jiaming, Partner at Beijing King&Capital Law Firm; and Zhang Sijia, Head of the Criminal Defense Group of the Environmental, Resource, and Energy Professional Committee of the Beijing Lawyers Association and Deputy Director of the Beijing King&Capital Legal Research Center for Environment, Food, Drug, and Intellectual Property, were invited to attend and delivered keynote speeches.
Scene from the symposium
In 2026, the fourth amendment to the Criminal Procedure Law was officially included in the legislative plan of the Standing Committee of the National People’s Congress, marking a critical phase in the deepening reform of China’s criminal justice system. This conference brought together leading scholars in the field of criminal procedure law in China—including Fan Chongyi, Chen Weidong, Long Zongzhi, Gu Yongzhong, Zhang Jianwei, Wang Haiyan, Zhang Zetao, Chen Yongsheng, Li Fenfei, Wei Yuening, and Wu Danhong—as well as more than thirty senior practicing attorneys. Taking the launch of Professor Han Xu’s new work as an opportunity, the event featured in-depth discussions on the key points, challenges, and hot-button issues surrounding the fourth amendment to the Criminal Procedure Law.
The book *Research on Issues Concerning the Fourth Amendment to the Criminal Procedure Law*, released at this event, was authored by Professor Han Xu of the School of Law at Sichuan University and published by Shanghai People’s Publishing House. Closely aligned with the contemporary demands of this round of amendments to the Criminal Procedure Law, the book integrates theoretical achievements with judicial practice experience to systematically analyze the logic behind statutory revisions, practical challenges, and pathways for institutional improvement, thereby bridging the gap between theoretical research and judicial practice. At the symposium, academic experts and dozens of practicing attorneys exchanged views on various amendment topics, including the evidence system, victims’ rights, plea bargaining, retrial appeals, case-related assets, and the protection of the right to defense.
Attorney Liang Yali: The Disposal of Case-Related Assets Is the “Second Battleground” of Criminal Defense; Legislation Should Clarify Boundaries and Strengthen Judicial Review
Attorney Liang Yali Delivers a Keynote Speech
Attorney Liang Yali—Standing Council Member of the China Criminal Law Research Association, Senior Partner at King&Capital Law Firm, and Director of the Kyoto Criminal Defense Research Center—delivered a presentation titled “Criminal Defense and Representation in the Disposal of Case-Related Assets: A Perspective Based on the ‘Judicial Interpretation (II) on Embezzlement and Bribery.’”
Attorney Liang Yali argued that the disposition of case-related assets has become the “second front” in criminal defense. When handling cases, attorneys must not only address “whether the defendant is guilty and the severity of the crime,” but also clarify “whose property it is, why it can be recovered, and how much can be recovered.” Referring to Articles 22 and 23 of the “Judicial Interpretation (II) on Embezzlement and Bribery,” she pointed out several prominent issues in current judicial practice, including vague definitions of the scope of case-related assets, arbitrary initiation of seizure, impoundment, and freezing procedures, low standards for verifying and proving asset ownership, and the overbroad application of the “funds tracing” rule.
Liang Yali stated that when handling property-related defense cases, it is essential to clarify the legal concepts of “proceeds of unlawful acts,” “proceeds of crime,” and “illegal gains”; to systematically map out the recovery pathways for original assets, converted assets, commingled assets, and assets of equivalent value; to fully reconstruct the chain of fund flows; and to strictly control the risk of overreach in asset recovery. She emphasized the need to distinguish between assets held in trust by third parties and normal market transactions, to prioritize the protection of the legitimate rights and interests of bona fide third parties, and to avoid conducting “fund tracing” without restriction merely to achieve the goal of asset recovery.
At the same time, Liang Yali believes that asset restitution strategies must be integrated into the overall defense plan. For assets that remain in dispute, room must be reserved for substantive defense arguments; asset restitution should not simply be used as a substitute for challenging the ownership of the assets. When a company’s assets are seized, frozen, or impounded, causing it to face operational difficulties, attorneys should propose feasible alternative disposal plans to strike a balance between ensuring the litigation proceeds and safeguarding the company’s survival and development.
Finally, Attorney Liang Yali expressed three expectations regarding the amendment of the Criminal Procedure Law: further clarification of the scope and boundaries of the disposal of case-related assets; the establishment of a neutral and effective judicial review mechanism; and the raising of the standards for investigating and proving case-related assets, so that asset disposal is based on clear ownership and sufficient evidence.
Attorney Wang Jiaming: Using Securities Crimes as a Case Study to Promote the Substantive Implementation of Trial Proceedings
Attorney Wang Jiaming Delivers a Keynote Speech
Wang Jiaming, a partner at King&Capital Law Firm, delivered a keynote speech titled “The Fourth Amendment to the Criminal Procedure Law and the Path to Realizing Substantive Trial Proceedings,” using securities crimes as a case study to analyze the current reality of formalistic trial proceedings.
Wang Jiaming noted that in securities crime cases, trials generally rely heavily on case file materials, with the findings of administrative agencies often directly “dictating” the outcome of criminal trials; the attendance rate of appraisers and expert witnesses is low, making it impossible to subject audit reports and forensic appraisal opinions to effective cross-examination in court; the second-instance proceedings are notably dominated by written submissions, and the review period for some major cases is so short that adequate oral hearings cannot be conducted. Since securities cases often involve the vital interests of a large number of investors, the erosion of in-court proceedings directly affects the fair adjudication of such cases.
In response, Wang Jiaming recommended that, during the current round of amendments to the Criminal Procedure Law, efforts should be made to strengthen the functions of court investigation and court debate, improve the system ensuring the attendance of expert assistants in court, and promote oral hearings in second-instance proceedings for major and complex securities crime cases—thereby truly establishing the courtroom as the primary arena for ascertaining facts and applying the law.
Attorney Zhang Sijia: Improving the Pretrial Defense System and Strengthening the Protection of Lawyers’ Rights During the Investigation Stage
Attorney Zhang Sijia Delivers a Keynote Speech
Attorney Zhang Sijia, Head of the Criminal Defense Group of the Environmental, Resource, and Energy Professional Committee of the Beijing Lawyers Association and Deputy Director of the King&Capital Environmental, Food, Drug, and Intellectual Property Law Research Center, delivered a presentation titled “Improving the Defense System in Criminal Pretrial Proceedings,” focusing on institutional shortcomings in the relationship between investigators and defense counsel, as well as between prosecutors and defense counsel.
Zhang Sijia pointed out that there is currently a lack of external oversight during the investigation phase, and the pretrial defense system still has significant room for improvement. The arrest review procedure should be further judicialized; she recommended granting lawyers the right to review case files after signing a confidentiality agreement; refining the investigative authorities’ duty to disclose case details and clarifying the legal consequences of failing to fulfill this duty; and establishing a procedural sanction mechanism to compel investigative authorities to perform their duties in accordance with the law.
Regarding the relationship between prosecution and defense, equal dialogue between the two sides should be guaranteed; the prosecution’s duty to act objectively and impartially should be enforced; review procedures should be made open and transparent; and the defense’s right to participate should be fully safeguarded. At the same time, the phenomenon of “placeholder defense” observed in practice must be addressed, and the right of criminal suspects to choose their own defense counsel must be fully guaranteed. The foundation for effective defense lies in the full institutional safeguarding of lawyers’ professional rights.
Building on Practical Feedback to Advance the Rule of Law in Criminal Justice
Liang Yali, Wang Jiaming, and Zhang Sijia—three attorneys from King&Capital Law Firm—have each addressed real challenges encountered on the front lines of case handling from different perspectives—including property-related defense, substantive court proceedings, and pretrial defense—and transformed these into recommendations for legislative improvements, thereby converting practical experience into legislative proposals.
King&Capital Law Firm has consistently adhered to the principle of “using practice to enrich theory, and using theory to guide practice.” The firm encourages attorneys to actively participate in academic and legislative seminars, bringing genuine issues identified during the handling of individual cases to academic platforms for discussion and exchange, thereby continuously contributing professional insights from the front lines of criminal defense to the development and improvement of China’s criminal procedure system. In the future, King&Capital Law Firm will continue to monitor the progress of the fourth amendment to the Criminal Procedure Law, deepen its expertise in criminal defense practice, and actively participate in legal seminars, contributing “Kyoto wisdom” to the advancement of the modernization of China’s criminal justice system.
