1、 Team work dynamics

 

success cases

 

Recently, lawyer Dong Xiaohua, a senior partner of Gaopeng Law Firm, represented Zhang in the case of suspected negligence leading to death. Due to the lawyer's timely intervention, he promptly submitted defense opinions based on the materials learned from the investigation. After unremitting efforts, the client was released on bail pending trial seven days after being detained in criminal detention, and received unanimous praise from his family and the client.

 

Feng Chengcheng, a partner of Gaopeng Law Firm, recently undertook a fraud case involving Zhang. After accepting the entrustment of the family members of the suspect, lawyer Feng Chengcheng fully listened to the case known to the family members and quickly contacted the public security organ. After gaining a basic understanding of the facts of the case, relying on years of experience to accurately analyze key points, an application for obtaining a guarantor pending trial can be formed as quickly as possible and submitted to the public security organ. After accepting the lawyer's opinion, the public security organ decided to change the mandatory measures against Zhang on the seventh day after submitting the bail pending trial materials, and successfully obtained the bail pending trial.

 

2、 Important legal provisions

 

"Provisions on Promoting the Connection between Administrative Law Enforcement and Criminal Justice"

 

"The connection of execution" has always been one of the key tasks of procuratorial organs. The recently issued "Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorial Organs in the New Era" puts forward special requirements for improving the linkage mechanism between administrative law enforcement and criminal justice. On October 11, the Supreme People's Procuratorate held a press conference on "Deeply Implementing the Opinions of the Central Committee of the Communist Party of China to Promote and Improve the Linkage Mechanism for Execution of Punishment", and issued the "Provisions on Promoting the Linkage Work between Administrative Law Enforcement and Criminal Justice" (hereinafter referred to as the "Provisions on the Linkage Work for Execution of Punishment").

 

The "Provisions on the Linking up of Execution" clarifies the supervision methods. "If administrative law enforcement agencies do not transfer suspected criminal cases to carry out supervision, and if non prosecution cases that require administrative punishment are transferred to the relevant competent authorities for processing, the procuratorial organs should provide procuratorial opinions.". "If it is found that there are common issues such as the need to improve rules and regulations, procuratorial suggestions should be made in accordance with the" Regulations on the Work of Procuratorial Suggestions by the People's Procuratorate. "Yang Chunlei introduced.

 

(Source: Justice Network)

 

2. Ministry of Industry and Information Technology: Core data collected and generated domestically shall not be exported

 

On September 30th, the Ministry of Industry and Information Technology publicly solicited opinions on the "Measures for the Management of Data Security in the Industrial and Information Technology Field (Trial Implementation) (Draft for Comments)". The industry regulatory authorities encourage the development and utilization of data and research on data security technology, support the promotion of data security products and services, cultivate data security enterprises, research and service institutions, and expand the data security industry. Important data collected and generated by industrial and telecommunications data processors within the territory of the People's Republic of China should be stored domestically in accordance with laws and administrative regulations. If it is indeed necessary to provide data abroad, data exit security assessments should be conducted in accordance with laws and regulations, data exit should be conducted under the premise of ensuring security, and tracking and mastering of data after exit should be strengthened. Core data cannot be exported.

 

(Source: Ministry of Industry and Information Technology website)

 

"Several Provisions on the Safety Management of Automotive Data (Trial Implementation)" jointly issued by five departments including the National Cyberspace Office was officially implemented on October 1

 

The Regulations specify that vehicle data processors can collect biometric information such as fingerprints, voice prints, faces, and heart rhythms only when they have the purpose and sufficient necessity to enhance driving safety.

 

(Source: CCTV News)

 

4. The draft bill on anti telecommunication network fraud law will be submitted for consideration

 

The 102nd Chairman's Meeting of the Standing Committee of the 13th National People's Congress was held on September 28. The meeting decided that the 31st meeting of the Standing Committee of the 13th National People's Congress would be held in Beijing from October 19 to 23. One of the agenda items was to consider the proposal of the Chairman's Meeting of the Standing Committee of the National People's Congress on the draft law on combating telecommunications network fraud. In other words, China has put the anti telecommunications network fraud law on the legislative agenda, and may introduce a special anti telecommunications network fraud law in the future.

 

(Source: Xinhua News Agency)

 

3、 Trends in Major Criminal Cases

 

5 deaths due to electric vehicle fire in Tongzhou, Beijing, and the perpetrator was arrested on suspicion of fire

 

In the early morning of September 20, 2021, Zhang Mou, a tenant of a residential area in Tongzhou District, Beijing, brought an electric bicycle battery into the room to charge, causing a fire that killed five people upstairs. On October 3, the People's Procuratorate of Tongzhou District of Beijing made a decision to approve the arrest of Zhang on suspicion of fire.

 

(Source: Tongzhou Procuratorate)

 

Li Wenxi, former vice chairman of the Liaoning Provincial Committee of the Chinese People's Political Consultative Conference, was prosecuted for taking bribes

 

The case of Li Wenxi, a former member of the Party Leadership Group and Vice Chairman of the Liaoning Provincial People's Political Consultative Conference, who was suspected of taking bribes, was investigated and concluded by the National Supervision Commission. After being designated by the Supreme People's Procuratorate, the case was examined and prosecuted by the People's Procuratorate of Tai'an City, Shandong Province. Recently, the People's Procuratorate of Tai'an City, Shandong Province, has filed a public prosecution with the Intermediate People's Court of Tai'an City, Shandong Province.

 

During the review and prosecution stage, the procuratorial organ informed the defendant Li Wenxi of his litigation rights according to law, interrogated the defendant, and listened to the opinions of the defender. Prosecution charges by the procuratorial organ: The defendant Li Wenxi took advantage of his position as Secretary of the Party Committee and Director of the Liaoning Provincial Public Security Department, member of the Party Group and Vice Chairman of the Liaoning Provincial Political Consultative Conference, as well as the convenience of his power or position to provide assistance to others in evading criminal investigation and business operation, illegally accepting other people's property, with a particularly large amount, and should be investigated for criminal responsibility for the crime of accepting bribes according to law.

 

(Source: Xinhua News Agency)

 

3. Wei Qi, the "Hongtong Personnel" and duty suspect who fled for seven years, returned to China to surrender

 

Recently, under the overall coordination of the International Fugitive Recovery Office of the Central Anti Corruption Coordination Group and the specific guidance of the Heilongjiang Provincial Fugitive Recovery Office, through the unremitting efforts of the discipline inspection and supervision authorities at the levels of Harbin and Shangzhi, Wei Qi, the "Red Pass" and duty suspect who has fled for seven years, returned to China to surrender.

 

Wei Qi, born in May 1960 and a private owner in Harbin, was suspected of bribing state officials and fled overseas in September 2014. In March 2015, the People's Procuratorate of Shangzhi City filed a case for investigation against Wei Qi. After the reform of the supervisory system, the case was transferred to the Shangzhi Municipal Supervisory Committee for handling. In March 2016, the International Criminal Police Organization issued a red

 

(Source: Website of the Central Commission for Discipline Inspection and the National Supervision Commission)

 

4. Sichuan Procuratorial Organ Prosecutors Song Liang's Suspected Bribery Case According to Law

 

Song Liang, former member of the Standing Committee of the Gansu Provincial Party Committee, former Deputy Secretary of the Party Leadership Group and Vice Governor of the Gansu Provincial Government, was investigated and terminated by the National Supervision Commission. After being designated by the Supreme People's Procuratorate, the case was examined and prosecuted by the Leshan City People's Procuratorate of Sichuan Province. Recently, the Leshan Municipal People's Procuratorate has filed a public prosecution with the Leshan Intermediate People's Court.

 

(Source: Supreme People's Procuratorate)

 

5. The Hainan procuratorial organ has filed a public interest lawsuit against Luo Mouping for violating the reputation and honor of a hero and martyr in accordance with the law

 

In performing its public interest litigation duties, the suburban procuratorate of Sanya City, Hainan Province, found that the netizen "Luo Mouping" posted an illegal statement insulting the heroes and martyrs of the "Ice Sculpture Company" of the Anti American and Aid Korea Volunteer Army on Sina Weibo on October 6, 2021, which violated the reputation and honor of the heroes and martyrs of the Anti American and Aid Korea Volunteer Army, harmed the special national feelings of the broad masses of people towards the heroes and martyrs of the Anti American and Aid Korea Volunteer Army, and seriously damaged social and public interests. According to relevant regulations such as the Law of the People's Republic of China on the Protection of Heroes and Martyrs, the Civil Procedure Law of the People's Republic of China, and the Rules for Handling Public Interest Litigation by the People's Procuratorate, the suburban procuratorate of Sanya City, Hainan Province decided on October 8, 2021 to file a civil public interest lawsuit against Luo Mouping for violating the reputation and honor of heroes and martyrs and launch an investigation.

 

(Source: WeChat official account of Hainan Provincial Procuratorate)

 

6. Peng Bo, former Deputy Director of the Central Leading Group Office for Preventing and Handling Heresy Issues, was indicted for allegedly accepting bribes

 

Peng Bo, the former deputy director of the Central Leading Group Office for Preventing and Dealing with Heresy Issues, was investigated and terminated by the National Supervision Commission. After being designated by the Supreme People's Procuratorate, the case was examined and prosecuted by the People's Procuratorate of Wuxi City, Jiangsu Province. Recently, the People's Procuratorate of Wuxi City, Jiangsu Province, has filed a public prosecution with the Intermediate People's Court of Wuxi City, Jiangsu Province.

 

(Source: Xinhua News Agency)

 

7. Guangdong procuratorial organ prosecuted Tong Daochi for suspected bribery and insider trading according to law

 

The case of Tong Daochi, former member of the Standing Committee of the Hainan Provincial Party Committee and former secretary of the Sanya Municipal Party Committee, who was suspected of taking bribes, was investigated and concluded by the National Supervision Commission. After being designated by the Supreme People's Procuratorate, it was examined and prosecuted by the Shenzhen Municipal People's Procuratorate of Guangdong Province. The case of Tong Daochi suspected of insider trading was filed and investigated by the Shenzhen Public Security Bureau of Guangdong Province. After being transferred to the Shenzhen People's Procuratorate for review and prosecution, the court decided to merge the case for review. Recently, the Shenzhen People's Procuratorate of Guangdong Province has filed a public prosecution with the Shenzhen Intermediate People's Court.

 

(Source: Xinhua News Agency)

 

The Supreme People's Procuratorate has decided to arrest Wang Like according to law

 

Wang Like, former member of the Standing Committee of the Jiangsu Provincial Party Committee and former secretary of the Political and Legal Commission, was suspected of accepting or offering bribes. The investigation was concluded by the National Supervision Commission and transferred to the procuratorial organ for review and prosecution. Recently, the Supreme People's Procuratorate made an arrest decision against Wang Like on suspicion of bribery and bribery according to law. The case is being further processed.

 

(Source: Supreme People's Procuratorate)

 

The first instance judgment of Tianshan 2.4 billion contract fraud case: The actual controller of elephant advertising was sentenced to life and 161 million shares were recovered

 

On October 10th, ST Tianshan (300313) was announced with the results of the first trial of the elephant advertising contract fraud case. The defendant was fined 10 million yuan for the elephant advertisement; Chen Dehong, the former legal representative and chairman of Elephant Advertising, was sentenced to life imprisonment, deprived of political rights for life, and confiscated all personal property; Chen Wanke, the former board secretary of Elephant Advertising, was sentenced to 15 years in prison, 5 years in deprivation of political rights, and a fine of 3 million yuan.

 

This case concerns the acquisition of elephant advertising by ST Tianshan 4 years ago, with a total amount of nearly 2.4 billion yuan.

 

(Source: Caijing. com)

 

10. Fu Zhenghua, Deputy Director of the Social and Legal Affairs Committee of the National People's Political Consultative Conference, accepted the review and investigation

 

Fu Zhenghua, Deputy Director of the Social and Legal Affairs Committee of the CPPCC National Committee, is suspected of serious violations of discipline and law, and is currently undergoing disciplinary review and supervisory investigation by the Central Commission for Discipline Inspection and the National Supervision Commission.

 

(Source: Website of the Central Commission for Discipline Inspection and the National Supervision Commission)

 

11. Putian Kills Neighbors, Suspects at Large, Motivation for the Crime Villagers: Suspected Dispute over Housing Construction

 

At around 13:00 on October 10th, a major criminal case occurred in Pinghai Town, Xiuyu District, Putian City. The victim was a family of four generations, resulting in two deaths and three injuries. On October 11, the Xiuyu Branch of Putian Public Security Bureau issued a joint investigation notice stating that after investigation, a 55-year-old man, Ou Mou, was suspected of committing a major crime. According to a person familiar with the situation in Oumou's village, the suspect's motive for committing the crime may be due to a dispute over housing construction. The source told China News Weekly that in 2017, Mr. Ou applied to the local government for the renovation of a dilapidated house. After the new building procedures were approved, Mr. Ou demolished the original 400 square meter house and intended to build a new house on the original land. According to people familiar with the matter, the deceased was a neighbor of Ou Mou, who had repeatedly cooperated with nearby residents to obstruct Ou Mou from building a new house, resulting in Ou Mou's family having nowhere to return and living in a temporary canopy for six years. Before the incident, the canopy where Mr. Ou lived collapsed due to a typhoon, and fragments of the canopy fell into the deceased's home, resulting in a dispute between the two sides. The case is currently being further investigated.

 

(Source: China Newsweek)

 

12. Sun Lijun, former member of the Party Committee and Vice Minister of the Ministry of Public Security, was expelled from the Party and public office due to serious violations of discipline and laws

 

Recently, with the approval of the Central Committee of the Communist Party of China, the Central Commission for Discipline Inspection and the National Supervision Commission conducted a case review and investigation on Sun Lijun, a former member of the Party Committee and Vice Minister of the Ministry of Public Security, for serious violations of discipline and laws.

 

(Source: Website of the Central Commission for Discipline Inspection and the National Supervision Commission)

 

13. Jia Xiaogang, former Deputy Secretary of the Party Leadership Group and Deputy Procurator General of the Qinghai Provincial People's Procuratorate, was sentenced to seven years in first instance

 

On October 12, the Intermediate People's Court of Xining City, Qinghai Province, made a first instance judgment on the bribery case of Jia Xiaogang, the former deputy secretary of the Party Leadership Group and deputy procurator general of the Qinghai People's Procuratorate, which was publicly prosecuted against the Xining People's Procuratorate according to law. The defendant Jia Xiaogang was convicted of bribery and sentenced to seven years in prison, with a fine of 500000 yuan.

 

(Source: Xinhua News Agency, Xining Intermediate People's Court)

 

14. Don't speak without blocking! Post an insult to Dong Cunrui and sentence him!

 

On October 12, 2021, the People's Court of Dongcheng District of Beijing made a first instance judgment on the defendant Xu Mou's case of infringing on the reputation and honor of a hero and martyr, and sentenced Xu Mou to seven months' imprisonment according to law; Within ten days from the effective date of the judgment, major domestic portals and national media will publicly apologize and eliminate the impact.

 

After investigation, the defendant Xu Mou used his Weibo account to successively publish two messages containing insults to the hero and martyr Dong Cunrui, which were read more than 90000 times, triggering strong indignation among the general public and causing adverse social impact. During the court trial, Xu voluntarily pleaded guilty to punishment.

 

(Source: Beijing Dongcheng Court Weibo)

 

15. Life imprisonment! This grave robbery case has been sentenced!

 

On the 12th, the Hangzhou Intermediate People's Court handed down a first instance judgment in the case of the theft of the tomb of Qian Liu, the tomb of King Wu Yue, a national key cultural relics protection site. The defendants, Jiang Minglei and Li Changwei, committed the crime of robbing and excavating ancient tombs, and were sentenced to life imprisonment, deprivation of political rights for life, and confiscation of all personal property. The illegal gains of the two defendants were recovered and confiscated.

 

(Source: Xinhua News Agency, Hangzhou Intermediate People's Court)

 

4、 Spirit of important leaders' speeches (major events)

 

1. The second batch of national political and legal team education and rectification work promotion meeting was held

 

We will study and deploy plans to further promote the work of inspection, correction, and rectification, and promote the in-depth implementation of education and rectification in central and provincial political and legal institutions.

 

 

 

(Source: Supreme People's Procuratorate)

 

 

 

He emphasized that the Taiwan issue arose due to ethnic weakness and turmoil, and will be resolved along with national rejuvenation. This is determined by the historical evolution of the Bank of China nation, and it is also the common will of all Chinese people. Achieving the reunification of the motherland through peaceful means is in the best interests of the entire Chinese nation, including our Taiwan compatriots.

 

(Source: CCTV News)

 

Meituan was fined 3.442 billion yuan!

 

On October 8, 2021, the State Administration of Market Supervision made an administrative penalty decision in accordance with the law, ordering Meituan to stop illegal activities, return the exclusive cooperation deposit of 1.289 billion yuan in full, and impose a fine of 3% of its 2020 sales volume in China, totaling 3.442 billion yuan. At the same time, an Administrative Instruction was issued to Meituan, requesting it to conduct comprehensive rectification around improving the platform's commission charging mechanism and algorithm rules, maintaining the legitimate interests of small and medium-sized catering businesses within the platform, and strengthening the protection of the legitimate rights and interests of takeaway riders. It also submitted a self-inspection compliance report to the General Administration of Market Supervision for three consecutive years to ensure that the rectification is in place, and achieve standardized, innovative, healthy, and sustainable development.

 

(Source: State Administration of Market Supervision)

 

5、 Theoretical Trends in Criminal Law

 

Zhang Mingkai: Important issues related to the crime of illegal and indiscriminate deforestation

 

It is not ideal to regard the national management system or order of forest resources as a legal benefit for the protection of the crime of deforestation; The protection legal benefits of the crime of deforestation should include forest resources and their rational utilization, while the protection legal benefits of the crime of illegal deforestation also include the ownership of growing trees by the state, collectives, and others. The relationship between the crime of illegal logging and excessive logging is not antagonistic, but special; "Any person who does not obtain a cutting license, or who, despite obtaining a cutting license, fells trees in violation of the requirements for the location, quantity, type, etc. of the license, shall be deemed to have illegally felled trees;"; The act of infringing upon the ownership of the growing trees by others on this basis shall be deemed as the crime of illegal logging of trees; The purpose of illegal possession should not be the subjective element of the crime of illegal cutting of trees, but only the objective element to determine whether the act is to be punished as the crime of excessive cutting of trees or as the crime of illegal cutting of trees. The crime of illegally felling trees and the crime of intentionally destroying property are special relationships in the overlap of laws and regulations, but the crime of illegally felling trees and the crime of theft are not special relationships, and the two may form imaginative overlap; The standard of accomplishment for the crime of illegal and indiscriminate cutting of trees is that the trees are cut, not that the perpetrator has occupied the trees that have been cut; Although the act of indiscriminate cutting of trees owned by oneself constitutes the crime of indiscriminate cutting of trees, the trees harvested shall not be recovered as illegal income.

 

(Source: Journal of Shanghai University of Political Science and Law, Issue 5, 2021)

 

Zhou Guangquan: The Substantive Impact of the Purpose of Personal Information Disclosure on Conviction

 

The way of thinking about obtaining personal information from public information such as enterprise registration information and credit information, and then providing and exchanging it to others, using only the amount of information as a criterion to distinguish between crime and non crime, is too simplistic. Obtaining, providing, exchanging, or selling publicly available personal information, which clearly violates the purpose of information disclosure, or significantly changes the use of publicly available personal information, or uses publicly available personal information to commit illegal or criminal acts that may endanger the safety of citizens' personal or property, can constitute a crime of infringing upon citizens' personal information.

 

(Source: Rule of Law Daily Law School)

 

Li Xiang: Reflection on Corporate Criminal Compliance and Construction of Reasonable Paths -- Based on the Analysis of Unit Crime Principles in China

 

There are essential differences between the punishment mode of unit crime in China and the imputation mode of corporate crime in Britain and America, which determines that the governance of corporate crime in China cannot completely replicate the strategies of Britain and America. The current discussion of corporate criminal compliance in China's academic community has ignored the punishment principle of unit crime in China's criminal law. Under the punishment mode of unit crime in China, there is no substantive law path to "untie" enterprises through criminal compliance. There is still a lack of sufficient legal support to expand the scope of punishment for unit crimes in China so that enterprises can bear responsibility for the behavior of their employees; Drawing on the criminal compliance of enterprises in the common law system is suspected of violating the principle of accountability and undermining the unity of subjective and objective principles. Corporate criminal compliance is not the cause of corporate crime, but only one of the means of internal autonomy of enterprises. There is no need to reconstruct the accountability model of unit crime in China to meet corporate criminal compliance plans; The practical significance of corporate criminal compliance can be positioned as a criminal policy in China's unit crime, which is both legitimate and can fully utilize the existing mature local path in corporate crime governance. The procuratorate can promote the construction of "feasible" rather than "paper-based" criminal compliance plans for enterprises through the preparation and issuance of procuratorial recommendations, corporate confession and punishment leniency systems, and other measures.

 

(Source: Crime Research, Issue 5, 2021)

 

Zhang Mingkai: How to identify or identify fraudulent pyramid selling activities?

 

"A simple 'team based' pyramid selling activity with the purpose of selling goods and based on sales performance as the basis for remuneration shall not be treated as a crime." If it is indeed a simple 'team based remuneration' with the purpose of selling goods and based on sales performance as the basis for remuneration, the judicial authorities cannot identify it as a crime of organizing or leading pyramid selling activities on the grounds that the sales price of the goods is significantly higher than the cost price. However, in the form of "team based remuneration", pyramid selling activities that are essentially "based on the number of development personnel as the basis for remuneration or rebate" should be convicted and punished for the crime of organizing and leading pyramid selling activities. After the organizer and leader formally leave the pyramid selling organization, as long as their previous behavior continues to play a role, and there is a causal relationship between the result of the pyramid selling organization's subsequent fraud of property, even if they no longer receive compensation or rebate from the original pyramid selling organization, according to the basic principle of causal accomplice theory, the organizer and leader should still bear criminal responsibility for the result of their departure.

 

(Source: Democracy and the Legal System Weekly, Issue 36, 2021)

 

Zhang Lei and Zhang Meng: Research on the Judicial Application of the Crime of Helping Information Network Crime -- From the Perspective of 131 Judgments

 

As a new type of network crime, the crime of aiding information network criminal activities has unique characteristics in terms of the number of cases, geographical distribution, the situation of the accused, and the penalty situation. A specific examination of the judicial application of this type of crime shows that there are certain shortcomings in judicial practice in the identification process of the constitutive elements such as subjective "knowing", the crime committed by the aided person, the helping act, and the seriousness of the circumstances. The correct application of the crime of helping information network criminal activities should be achieved through the reasonable use of the judgment standard of presumption of "knowing", strengthening the investigation and verification of the crimes constituted by the acts of the assisted objects, improving the interpretation of the meaning of "helping" acts, and strictly regulating the judicial determination of "serious circumstances".

 

(Source: "Juvenile Delinquency Issues", Issue 4, 2021)

 

Team Profile

 

"Gaopeng Criminal Semimonthly" is created by the criminal team of Gaopeng Law Firm, which brings together senior lawyers, former prosecutors, university criminal law professors and other legal elites. All members are from well-known universities and law schools. Team members have both profound theoretical foundation and rich practical experience. He can not only write books, establish speeches, teach and preach, but also handle practical cases and engage in court debates. The team has been dedicated to criminal business for decades, both in terms of purging the grievances of suspects and prosecuting victims. They have deeply studied the facts of the case and are fearless in their efforts, especially in some difficult and complex cases with significant social impact. Team members rely on their outstanding strength and sincere cooperation to achieve satisfactory results in a large number of cases.

 

(This article is translated by software translator for reference only.)