1、 Team work dynamics

 

Lawyer Li Rong wrote "The Generalization and Limitation of Judicial Application of the Crime of Throwing Objects from High Altitude", which was included in the Proceedings of the Forum of the Chinese Academy of Social Sciences

 

From October 24 to 25, 2021, the 2021 Key Disciplines and Innovation Engineering Forum of Criminal Law of the Chinese Academy of Social Sciences, sponsored by the Institute of Law of the Chinese Academy of Social Sciences, was successfully held in Beijing. The relevant leaders of the Legal Working Committee of the National People's Congress, the Supreme People's Court, and the Supreme People's Procuratorate, as well as well-known scholars from dozens of universities across the country, well-known enterprise legal experts such as Alibaba, attended the meeting. Li Rong, a part-time lawyer at Gaopeng Law Firm and an associate professor at the School of Law of the Central University for Nationalities, was invited to speak at the conference. His "The Generalization and Limitation of the Judicial Application of the Crime of Throwing Objects from High Altitude", which stood out from more than 100 forum solicitations nationwide, was included in the forum proceedings.

 

2、 Important legal provisions

 

1. Publication of the Anti Telecom Network Fraud Law (draft) for public comment

 

The Thirteenth Session of the Standing Committee of the 13th National People's Congress deliberated on the "Anti Telecom Network Fraud Law of the People's Republic of China (Draft)". The public can directly log on to the website of the People's Congress of China (www.npc. gov.cn) or the national laws and regulations database (flk. npc. gov.cn) to provide comments, or send the comments to the Legal Affairs Committee of the Standing Committee of the National People's Congress (No. 1, Qianmen West Street, Xicheng District, Beijing, Zip code: 100805. Please indicate the draft anti telecommunications network fraud law on the envelope for comments). Deadline for soliciting opinions: November 21, 2021.

 

(Source: China National People's Congress website)

 

2. The Supreme People's Procuratorate issued the "Work Regulations on the Disclosure of Case Information by the People's Procuratorate" to further expand the scope of case information disclosure by procuratorial organs

 

The Supreme People's Procuratorate recently announced and implemented the newly revised "Regulations on the Work of the People's Procuratorate on the Disclosure of Case Information" (hereinafter referred to as the "Regulations"). The "Provisions" includes 7 chapters and 27 articles, further standardizing the disclosure of case information by procuratorial organs, and effectively enhancing the transparency of judicial handling by procuratorial organs. The Regulations further expand the scope of case information disclosure by procuratorial organs. The Regulations also expand the types of disclosure of legal documents. While striving to strengthen the disclosure of case information, the Regulations also pay more attention to the protection of the privacy rights of the people involved in the case. A new chapter "Business Data Release" has been added to the Regulations.

 

(Source: Supreme People's Procuratorate)

 

The Supreme People's Procuratorate issues the "List of Spouses, Children, and Spouses of Prosecutors Prohibited from Employment"

 

 

 

The "Prohibited Employment List" includes seven articles, clarifying the scope of employment of spouses, children, and spouses of procuratorial organs at all levels and different types of procuratorial personnel throughout the country, based on the principle of hierarchical classification. Emphasizing strict standards without expanding extensions or adding layers of code, while adhering to simplicity and convenience to avoid excessive complexity and triviality, ensuring strong guidance and operability.

 

(Source: Supreme People's Procuratorate)

 

The Ministry of Public Security has issued 100 public safety industry standards, and the electronic data forensics standard has issued 1 new standard and updated 4 new standards

 

On October 14th, the Ministry of Public Security held a press conference in Beijing to centrally release 100 public safety industry standards, including 5 technical specifications for electronic data forensics, all implemented on May 1st, 2022. One of the newly released items is the Technical Specification for Data Inspection of Storage Chips in Electronic Devices for Forensic Sciences (No.: GA/T 1966-2021). Four items have been updated, namely: Technical Specifications for Electronic Data Collection and Extraction in Forensic Sciences (original standard No. GA/T756-2008, updated to GA/T756-2021); Technical Specifications for Mobile Phone Inspection of Electronic Evidence in Court Science (original standard No. GA/T1069-2013, updated to GA/T1069-2021); Technical Specification for Testing the Time of Switching on and Off of forensic science computers (original standard No. GA/T1070-2013, updated to GA/T1070-2021); Technical Specification for Log Inspection of Windows Operating System for Electronic Evidence in Court Science (original standard No. GA/T1071-2013, updated to GA/T1071-2021).

 

(Source: Online security chat)

 

Zhejiang: 23 units countersigned opinions to establish a third-party supervision and evaluation mechanism management committee for enterprise compliance

 

Recently, the People's Procuratorate of Zhejiang Province, the Provincial SASAC, the Provincial Department of Finance, the Provincial Federation of Industry and Commerce, the Provincial Department of Justice, the Provincial Development and Reform Commission, the Provincial Department of Economy and Information Technology, the Provincial Department of Construction, the Provincial Department of Transportation, the Provincial Department of Water Resources, the Provincial Department of Agriculture and Rural Affairs, the Provincial Department of Commerce, the Provincial Health and Health Commission, the Provincial Emergency Management Department, the Provincial Market Supervision Bureau, the Provincial Local Financial Supervision Bureau, the Provincial Council for the Promotion of Trade, the Zhejiang Provincial Taxation Bureau, the Zhejiang Banking and Insurance Regulatory Bureau, the Zhejiang Securities Regulatory Bureau Hangzhou Customs and Ningbo Customs, among others, jointly signed the Opinions on Establishing a Third Party Supervision and Evaluation Mechanism for the Compliance of Enterprises Involved in the Case (for Trial Implementation), and decided to jointly establish the Management Committee for the Third Party Supervision and Evaluation Mechanism for Enterprise Compliance in Zhejiang Province. This marks that the compliance work of enterprises in Zhejiang Province has entered a new development stage of multi-party cooperative practice through independent pilot exploration by procuratorial organs, The comprehensive construction of the integrated work pattern of criminal and executive linkage will play a positive role in promoting the governance of the source of prosecution for corporate crime and ensuring high-quality economic and social development in Zhejiang Province.

 

(Source: "Zhejiang Procurator" official account)

 

6. The National Lawyers Association issued the "Rules of the All China Lawyers Association on Prohibiting Illegal Speculation Cases (for Trial Implementation)"

 

In order to strengthen the self-discipline of the lawyer industry and promote the healthy development of industry norms, on the 20th, the National Lawyers Association issued the "Rules of the All China Lawyers Association on Prohibiting Illegal Speculation Cases (for Trial Implementation).". A total of 13 rules clarify the specific circumstances of illegal speculation cases, including creating public opinion pressure through joint signatures, organizing online gatherings, solidarity, or in the name of case studies, affecting the legal handling of cases.

 

(Source: National Lawyers Association official account)

 

3、 Trends in Major Criminal Cases

 

The second instance of the extortion case involving a female auxiliary police officer in Jiangsu was revised

 

On October 15, the Intermediate People's Court of Lianyungang City, Jiangsu Province, publicly sentenced the appellant Xu Yan in the second instance of the case of extortion. Xu Yan was sentenced to seven years in prison for the crime of extortion and fined 300000 yuan, and his illegal gains were dealt with in accordance with the law.

 

The People's Court of Guannan County, Jiangsu Province, tried the case of Guannan County People's Procuratorate accusing the original defendant Xu Yan of the crime of extortion. On December 29, 2020, it issued a first instance judgment that Xu Yan extorted a total of 3.726 million yuan from nine people, including Sun, Liu, and Zhu, and sentenced them to 13 years in prison for the crime of extortion, with a fine of 5 million yuan. After sentencing, Xu Yan filed an appeal. Due to personal privacy concerns, on October 13, 2021, the Lianyungang Intermediate People's Court heard the case in private according to law. The Lianyungang People's Procuratorate appointed prosecutors to perform their duties in court, while Xu Yan and his defenders appeared in court to participate in the proceedings. Both the prosecution and the defense fully expressed their opinions.

 

(Source: Xinhua News Agency)

 

Zhao Jingbo, the former inspector of the General Office of the Jilin Provincial Government, was sentenced to 15 years in the first instance

 

On October 15, the Intermediate People's Court of Baishan City, Jilin Province, publicly announced the case of Zhao Jingbo, the former inspector of the General Office of the Jilin Provincial Government, accepting bribes. The defendant, Zhao Jingbo, was sentenced to 15 years in prison for the crime of accepting bribes, and was also fined 5 million yuan. At the same time, his criminal proceeds from bribery were confiscated according to law and turned over to the national treasury.

 

The court found that from 2000 to 2018, Zhao Jingbo took advantage of his positions as Deputy Director of the Planning and Statistics Division, Director and Deputy Director of the Planning and Planning Division of the Jilin Provincial Department of Transportation, Deputy Mayor, Mayor, Secretary of the CPC Jilin Municipal Committee, and Deputy Secretary General of the Jilin Provincial Government to seek benefits for others in enterprise operation, project construction, contracting projects, and job adjustment, and illegally received property from others for many times, The total amount is over 63.59 million yuan.

 

The court held that his behavior had constituted a crime of bribery. In view of Zhao Jingbo's active confession of the vast majority of bribery facts that were not known to the case handling authority, there were circumstances of confession, the prosecution and disclosure of other people's major crimes, and it was verified to be true. There were circumstances of significant meritorious service, and he pleaded guilty and repented, actively returned the vast majority of the stolen money, and was given a lighter punishment according to law.

 

(Source: Xinhua News Agency)

 

3. Selling toxic and harmful food! Guo Meimei Was Sentenced

 

On October 18, the Shanghai Railway Transport Court publicly pronounced a judgment on the case of defendants Guo Meimei and Wang Zouya selling toxic and harmful food according to law. The court sentenced the defendant Guo Meimei to two years and six months in prison for selling toxic and harmful food, and fined 200000 yuan.

 

According to the accusation of the Shanghai Railway Transport Procuratorate, the defendants Guo Meimei and Wang Zouya have been selling slimming sugar at a unit price of 699 yuan per box since January 2021 and February 2021, respectively, even though they knew that the slimming sugar sold at the premises of their previous home, Zhao (to be dealt with separately), might have been illegally added to sibutramine. By the time of the case, the defendant Guo Meimei had sold over 100 boxes of weight loss candy and collected over 70000 yuan. During the period, the defendant Guo Meimei also helped the defendant Wang Zouya place an order and make payment to Zhao, and jointly sold 4 boxes of weight loss candy, receiving 2796 yuan. After the incident, the public security organ detected sibutramine from the seized slimming sugar involved. The prosecution authority believes that the actions of the defendants Guo Meimei and Wang Zouya have both constituted the crime of selling toxic and harmful food.

 

(Source: CCTV Finance)

 

Zhang Heng was fined 32.27 million yuan by the tax department according to law

 

On October 18th, the tax department announced the punishment results against Zhang Heng. The tax authorities found that Zhang Heng, as the broker for Zheng Shuang's participation in the "Ghost of a Beautiful Girl" project, planned and operated the contract splitting of the agreed film remuneration, and the establishment of a "cover company" to help Zheng Shuang evade his tax obligations.

 

According to the relevant person in charge of the Shanghai Municipal Taxation Bureau, in December 2018, Zhang Heng was responsible for the signing of the performance contract, the determination of performance remuneration and payment methods for Zheng Shuang's filming of "The Ghost of a Beautiful Girl.". Zhang Heng and the producer jointly discussed the split and payment method of Zheng Shuang's film remuneration, planned specific operational details, and determined the amount of 160 million yuan of film remuneration and payment plan: namely, split into two parts: 48 million yuan and 112 million yuan. For the 112 million yuan (actually obtained 108 million yuan) part, the two parties agreed that the producer should pay Zheng Shuang's actual control company in the form of "capital increase". After that, Zhang Heng and Zheng Shuang agreed to establish a collection company and provide a "capital increase" contract. During the process of film remuneration payment, Zhang Heng repeatedly urged the producers to make payments.

 

Zhang Heng was fined 32.27 million yuan in accordance with the law for covering up the "sky-high price film remuneration" and helping Zheng Shuang evade taxes through the above-mentioned illegal acts.

 

(Source: Xinhua News Agency)

 

5. Yunnan procuratorial organ prosecuted Chen Jun for suspected bribery according to law

 

A few days ago, Chen Jun, the former chairman of the supervisory board of Yunnan Kunming Electric Power Trading Center Co., Ltd. (at the level of the main office), was suspected of taking bribes. The investigation was concluded by the Yunnan Provincial Supervisory Commission and transferred to the procuratorial organ for review and prosecution. After being designated by the Yunnan Provincial People's Procuratorate to exercise jurisdiction, the People's Procuratorate of Nujiang Prefecture filed a public prosecution with the Intermediate People's Court of Nujiang Prefecture in accordance with the law.

 

During the review and prosecution stage, the procuratorial organ informed the defendant Chen Jun of his litigation rights according to law, interrogated the defendant according to law, and listened to the opinions of the defender. The People's Procuratorate of Nujiang Prefecture indicted and charged that the defendant Chen Jun took advantage of his position and the convenience formed by his own authority and position to seek benefits for others, extort or illegally accept 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: Supreme People's Procuratorate)

 

Li Jinzao, former Vice Minister of the Ministry of Culture and Tourism, was put on trial, and the procuratorial organ accused him of taking bribes exceeding 65.5 million yuan

 

On October 21, 2021, the Shenyang Intermediate Court of Liaoning Province held a public trial to hear the bribery case of Li Jinzao, former Deputy Secretary of the Party Leadership Group and Deputy Minister of the Ministry of Culture and Tourism. The Shenyang Municipal Procuratorate sent personnel to support the public prosecution, and the defendant Li Jinzao and his defenders appeared in court to participate in the proceedings.

 

(Source: Supreme People's Procuratorate)

 

Hainan procuratorial organ approves the arrest of Luo Mouping according to law

 

Luo Mouping was suspected of infringing on the reputation and honor of a heroic martyr. The Jiyang Branch of the Sanya Public Security Bureau in Hainan Province requested the procuratorial organ to approve the arrest. Recently, the suburban procuratorate of Sanya City, Hainan Province approved the arrest of Luo Mouping on suspicion of infringing on the reputation and honor of heroic martyrs. The case is being further processed.

 

(Source: WeChat official account of Hainan Provincial Procuratorate)

 

The Supreme People's Procuratorate has decided to arrest Yin Jiaxu according to law

 

The case of Yin Jiaxu, the former party secretary and chairman of China National Weapons Industry Group Co., Ltd., suspected of taking bribes and illegally profiting for relatives and friends was investigated and terminated by the State Supervision Commission, and was transferred to the procuratorial organ for examination and prosecution. Recently, the Supreme People's Procuratorate made an arrest decision against Yin Jiaxu on suspicion of accepting bribes and illegally making profits for relatives and friends. The case is being further processed.

 

(Source: Supreme People's Procuratorate)

 

Beijing Police Reported Li Moudi's Prostitution Event: Administrative Detention According to Law

 

Recently, the Chaoyang Public Security Bureau received a report from the public that someone was engaged in prostitution in a residential area in Chaoyang. In response, the police conducted an investigation in accordance with the law and arrested Chen Mouhui (female, 29 years old), a prostitute offender, and Li Moudi (male, 39 years old), a prostitute offender. Upon review, the above-mentioned personnel have confessed to the illegal facts and have been detained by Chaoyang Public Security Bureau according to law.

 

(Source: Official Weibo of Chaoyang Branch of Beijing Municipal Public Security Bureau)

 

10. Death penalty! Man driving a BMW collides with a pedestrian, killing 5 people

 

On October 29, 2021, the Dalian Intermediate People's Court publicly announced the case of the defendant Liu Dong endangering public safety through dangerous methods in the first instance, and sentenced the defendant Liu Dong to death and deprivation of political rights for life.

 

The Dalian Intermediate People's Court held that the defendant Liu Dong ignored the law and intentionally endangered public safety in dangerous ways, resulting in five deaths, multiple injuries, and serious consequences of property losses to others. His actions violated the lives, health, and property safety of an unspecified majority of people, constituting a crime of endangering public safety in dangerous ways. Due to his own investment failure, Liu Dong took extreme measures to vent his emotions, speeding up on public roads in the central area of the city, intentionally running through red lights, and crashing into a large number of pedestrians crossing the street on the sidewalk, causing many deaths, injuries, and property losses to others. The social harm is extremely serious, and the social impact is extremely severe. Therefore, he was sentenced to death and deprived of political rights for life according to law.

 

(Source: Dalian Intermediate People's Court)

 

11. In the case of Zhang Zhongsheng's bribery and huge amount of property with unknown source, the death sentence was suspended in the second instance

 

On October 29, 2021, the Higher People's Court of Shanxi Province publicly sentenced Zhang Zhongsheng, a former member of the Standing Committee of the CPC Luliang Municipal Committee and former Vice Mayor of the People's Government of Luliang City of Shanxi Province, to death with a two-year suspension of execution, deprivation of political rights for life, and confiscation of all personal property. After his death sentence was commuted to life imprisonment according to law after the two-year suspension of execution, he was sentenced to life imprisonment without commutation parole; "Zhang Zhongsheng's bribery proceeds, stolen money, and property of unknown origin will be recovered according to law and turned over to the national treasury. The insufficient portion will continue to be recovered.".

 

The second instance trial of the Shanxi Provincial High People's Court found that from 1997 to 2013, Zhang Zhongsheng took advantage of his position as head of Zhongyang County in Shanxi Province, secretary of the CPC Zhongyang County Committee, deputy commissioner of the Luliang District Administration in Shanxi Province, member of the Standing Committee of the CPC Luliang Municipal Committee, and deputy mayor to seek benefits for relevant units and individuals, extorting and illegally accepting property from relevant units and individuals, totaling more than 1.04 billion yuan. Zhang Zhongsheng also has a huge amount of property that significantly exceeds his legal income, and he cannot explain the source.

 

(Source: Shanxi High School)

 

4、 Major events in the criminal field (spirit of important leaders' speeches)

 

1. Less arrest, more prosecution, more custody, and higher detection release strong signals

 

On October 15th, the Supreme People's Procuratorate held a seminar on implementing the criminal justice policy of "less arrest, more prosecution, more custody" and soliciting opinions on relevant documents in Chongqing. Chen Guoqing, a member of the Party Leadership Group and Deputy Procurator General of the Supreme People's Procuratorate, attended the meeting and delivered a speech. Twelve experts and scholars participated in the discussion, including relevant personnel from the Supreme Procuratorate, the Supreme Law, the Ministry of Public Security, and the Ministry of National Security, Professor Long Zongzhi of Sichuan University, and Director Sun Changyong of the Research Center for Litigation Law and Judicial Reform of Southwest University of Political Science and Law. He Hengyang, Secretary of the Party Leadership Group and Procurator General of Chongqing People's Procuratorate, Tang Li, Vice President of Southwest University of Political Science and Law, attended and delivered a speech. Miao Shengming, Director of the First Procuratorial Office of the Supreme People's Procuratorate, presided over the ceremony.

 

(Source: Legal Daily)

 

2. The highest procuratorial level releases the main case handling data of the national procuratorial organs from January to September

 

On October 18, the Supreme People's Procuratorate released the main case handling data of the national procuratorial organs from January to September 2021. From January to September 2021, the national procuratorial organs approved and decided to arrest 670755 suspect, up 20.6% year on year; No arrests were made for 279050 people, a year-on-year increase of 77%, and the non arrest rate was 29.6%, a year-on-year increase of 7.4 percentage points. A total of 1273051 people were decided to be prosecuted, a year-on-year increase of 15%; The decision not to prosecute 229815 people was made, a year-on-year increase of 32.6%, and the non prosecution rate was 15.3%, a year-on-year increase of 1.8 percentage points. From the perspective of prosecution charges, 263281 people were ranked first for the crime of dangerous driving, a year-on-year increase of 30.6%; The second largest number was 150922 people guilty of theft, up 6.7% year-on-year; Ranking third was 82105 people guilty of fraud, a year-on-year decrease of 10.9%; Ranking fourth was 79307 people guilty of aiding information network criminal activities, a year-on-year increase of 21.3 times; Ranking fifth was 63238 people guilty of opening casinos, up 40% year-on-year. From the perspective of new charges, 5568 people have been prosecuted among the 17 new charges added in the Criminal Law Amendment (11). Among them, there are a large number of charges: 4178 people guilty of assaulting a police officer, 613 people guilty of collecting illegal debts, 278 people guilty of dangerous operations, 222 people guilty of throwing objects at heights, and 143 people guilty of obstructing safe driving. In the handled cases of review and prosecution, the number of people who have been adjudicated under the lenient system of pleading guilty and punishment accounts for more than 85% of the number of people who have been adjudicated during the same period; In the case of applying the leniency system for pleading guilty, the procuratorial organs have proposed a total of 955766 sentencing recommendations, of which 863791 have confirmed the sentencing recommendations, accounting for 90.4% of the total, an increase of 21.6 percentage points year-on-year; The number of court adopters of sentencing recommendations made by procuratorial organs accounts for over 95% of the number of sentencing recommendations made during the same period.

 

(Source: Supreme People's Procuratorate)

 

The Supreme Court of Justice has released 7 typical cases of fraud prosecuted by procuratorial organs according to law

 

Recently, the Supreme People's Procuratorate released 7 typical cases of fraud prosecuted by procuratorial organs according to law. Some of these cases involve the crime of swindling medical insurance funds, which is typical in defining the precise nature of medical service agreements and other difficulties; Some of the crimes involving defrauding unemployment insurance benefits break through the difficulty of obtaining evidence to accurately identify the amount of fraud, while promptly plugging social management loopholes; Some involve new fraud crimes committed by using futures trading platforms, and accurately identify the criminal nature of suspect around the focus of controversy such as the determination of charges.

 

Typical cases released this time include the case of three people including Yang and Li defrauding medical insurance funds, the case of Zan, Fan and Lin defrauding unemployment insurance benefits, the case of 10 people including Li and Huang fabricating "Royal Assets" fraud, the case of false litigation fraud by Zhou and others, the case of 43 people including Yang fabricating a collection auction fraud, the case of 61 people including Hong, Zhang, and Peng using futures trading platforms to defraud, and the case of Teng A fraud case involving 7 people including Tong Mousan.

 

(Source: Online Publishing Office of the Supreme People's Procuratorate)

 

4. The Supreme People's Court Releases Typical Cases of People's Courts Punishing Medical Insurance Fraud Crimes According to Law

 

Recently, the Supreme People's Court issued the "Notice on Exerting the Role of Judicial Function to Strictly Punish Medical Insurance Fraud Crimes in accordance with the Law", requiring national courts to effectively improve their political standing, fully recognize the importance of punishing medical insurance fraud crimes in accordance with the law, increase the punishment of medical insurance fraud crimes in accordance with the law, and provide strong judicial protection for maintaining the healthy and sustainable development of the national medical security system. The Third Criminal Trial Division of the Supreme People's Court has collected and compiled seven typical cases of medical insurance fraud crimes that have been adjudicated by the people's courts since 2017, and announced them on October 28. At the same time, the head of the Third Criminal Trial Division of the Supreme People's Court answered reporters' questions on the release of typical cases of medical insurance fraud crimes that have been punished by the people's courts according to law. These cases reflect the behavioral means and social harmfulness of medical insurance fraud crimes from multiple perspectives, indicating the attitude and position of the people's courts in punishing medical insurance fraud crimes in accordance with the law, and embodying the responsibility and responsibility of the people's courts to take practical actions to effectively safeguard the interests of the people and promote the construction of safe China.

 

(Source: Supreme People's Court)

 

Beijing police: 24 cases involving epidemic and illegal activities have been handled, and 19 people have been investigated for criminal cases

 

On October 27, the 249th press conference on the prevention and control of COVID-19 was held in Beijing. At the press conference, Pan Xuhong, deputy director of the Beijing Municipal Public Security Bureau and press spokesman, reported that at present, the Beijing police have handled 24 cases of epidemic related crimes such as obstruction of prevention and control of infectious diseases, 19 criminal cases have been filed for investigation, and 13 administrative penalties have been imposed. Five typical cases include: 1. Violation of community closure measures and non-compliance with the management of epidemic prevention staff. The second is to violate the requirements for epidemic prevention and control in and out of Beijing and evade normal inspections. The third is to violate the regulations on epidemic prevention and control in public places, fail to wear masks and temperature measurement codes as required, and refuse to obey management. The fourth is to refuse to implement the requirement of suspending the opening of closed places during the epidemic. Fifthly, illegally organizing cross provincial tourism activities and hindering the prevention and control of infectious diseases.

 

(Source: People's Daily)

 

"Seminar on Theory and Practice of Enterprise Compliance Supervision and Inspection System Reform" Held

 

On October 16, 2021, the "Seminar on Theory and Practice of Enterprise Compliance Supervision and Inspection System Reform" was grandly held at the China Hotel in Beijing. This meeting was co sponsored by the School of Law of Peking University, the School of Law of the People's Public Security University of China, the Institute of Corporate Compliance and Social Governance of the People's Public Security University of China, and Jindu Law Firm.

 

From the Supreme People's Procuratorate, the Legislative Affairs Committee of the Standing Committee of the National People's Congress, the Ministry of Ecological Environment, the Beijing Municipal Market Supervision Bureau, the Third Branch of the Beijing Municipal People's Procuratorate, the Hubei Provincial People's Procuratorate, the Suizhou Municipal People's Procuratorate, the Guangzhou Municipal People's Procuratorate, the Shenzhen Municipal People's Procuratorate, the Nanjing Municipal People's Procuratorate, the Suzhou Municipal People's Procuratorate, the Wuxi Municipal People's Procuratorate, the Jinhua Municipal People's Procuratorate, the Shenzhen Customs Expert leaders from practical organs such as Zhangjiagang Municipal People's Procuratorate, Jinshan District People's Procuratorate, Bao'an District People's Procuratorate, Jianye District People's Procuratorate, and Huishan District People's Procuratorate, professors and scholars from universities such as Peking University, People's Public Security University of China, Renmin University of China, China University of Political Science and Law, Tsinghua University, and Chinese Academy of Social Sciences, as well as from Jindu Law Firm A total of 100 industry representatives from professional institutions such as Fangda Law Firm attended the meeting.

 

The purpose of this meeting is to hold a dialogue between the practical and theoretical circles on the reform of the enterprise compliance supervision and inspection system. During the critical period of this round of reform, multiple procuratorial organs have gathered to showcase their exploration experience of reform within the same time and space, and jointly promote the development of reform and law. It can be described as brilliant and far-reaching.

 

(Source: Silent Legal Person)

 

5、 Theoretical Trends in Criminal Law

 

Zhang Mingkai: Analysis of the conditions for establishing the crime of defrauding export tax rebates

 

Whether the purpose of the actor has been achieved is not the standard for distinguishing between accomplished and attempted acts. In intentional crime, purpose is a subjective and transcendental element, and there is no need for corresponding objective facts. Therefore, even if the subjective purpose is not achieved, it does not affect the establishment of the accomplished crime. In non purpose crimes, since the purpose is not a condition for the establishment of a crime, it is even more impossible to distinguish between accomplished and attempted crimes based on whether the purpose has been achieved. Although the crime of defrauding export tax rebates is a consequential crime, the result in the consequential crime is not a result in any sense, but should be a result of the constitutive requirements. Since the constitutive act of the crime of defrauding export tax rebates is to defraud the state of export tax rebates, only when the perpetrator defrauded the state of export tax rebates can it be recognized as having occurred the constitutive result, and then recognized as a criminal accomplishment. "Obtaining export tax rebates by fraud is actually a special crime of fraud. Its particularity mainly lies in the fact that the object of fraud is the property of the country's export tax rebates. The illegal benefits obtained by other units and individuals in the illegal" purchase order "transactions or illegal exchange adjustments with foreign trade enterprises are not included in the constitutive requirements of this crime.". In addition, although the subject of this crime has particularity, complexity, and hierarchy, in joint crimes, different standards of accomplishment should not be established based on the different identities of the subject.

 

(Source: Democracy and the Legal System Weekly)

 

Zhou Guangquan: Understanding and Application of the Crime of Collecting Illegal Debt in the Eleventh Amendment to the Criminal Law

 

The relationship between the crime of collecting illegal debts and the crime of provoking provocations is antagonistic. Those who use violence or coercion to collect illegal debts, restrict others' personal freedom or invade others' homes, and intimidate, track, or harass others, even if the nature of their behavior is a coercive behavior carried out in the context of requesting debts, it is also for a reason, rather than seeking stimulation, venting emotions, provoking trouble, or acting presumptuously, "Those who cause trouble without incident and disrupt social order should not constitute the crime of provoking provocation and causing trouble, but can only be punished as the crime of collecting illegal debts.".

 

(Source: Rule of Law Daily Law School)

 

Zhang Mingkai: Important Issues Concerning the Crime of Assisting in Organizing Prostitution

 

Although the crime of assisting in organizing prostitution is an independent crime and does not exclude the situation of being a principal offender, it is impossible to independently identify this crime without the crime of organizing prostitution in judicial practice. Regardless of the nature of the legal provisions providing for the crime of assisting in organizing prostitution, it is necessary to distinguish between the accessory to the crime of organizing prostitution and the crime of assisting in organizing prostitution. On the one hand, it is not possible to fully affirm the accomplices to the crime of organizing prostitution, otherwise it will lead to uneven sentencing and will also add trouble to judicial practice. On the other hand, the instigator of the crime of organizing prostitution, even if he plays a secondary role in the joint crime, can only be recognized as the crime of organizing prostitution and punished as an accessory. Except for the instigator, any situation that plays a secondary or auxiliary role in organizing prostitution cases should be recognized as the crime of assisting in organizing prostitution, rather than as an accessory to the crime of organizing prostitution. The crime of assisting in organizing prostitution can be divided into principal offender (including principal offender and co principal offender), abettor, helper (accessory), and coerced accessory; "If a person who organizes prostitution simultaneously commits the constituent acts of the crime of assisting in organizing prostitution, he or she shall be convicted and punished according to the crime of organizing prostitution, and neither the combined punishment of several crimes nor the identification of an implicated offender can be implemented.".

 

(Source: China Journal of Criminal Law)

 

Liu Yanhong: The path to the modernization of national governance system and governance capacity through the joint governance of civil and criminal law

 

The promulgation of the Civil Code provides an opportunity to reexamine the important issue of whether China's national governance capacity has achieved modernization. In the pre civil code era, China adopted a state governance model based on state centralism, which emphasized the importance of criminal law in maintaining social order internally, while externally, criminal law often bypassed the pre law as a priority and normalized tool for responding to social misconduct. In the era of civil code, the modernization of national governance calls for a new model of "civil and criminal co governance" with the people as the center and the premise of emphasizing civil and light punishment. Only when the people punish first and then the people advance and the punishment retreats can the system of civil and criminal co governance be formed with different levels of orderly responsibility, and the ability of national governance to rely on public power to shift to private law autonomy can be modernized. Civil and criminal co governance is also an effective model that responds to the basic concept of co construction, co governance, and shared modernization of national governance.

 

(Source: Law Forum)

 

Sun Guoxiang: Observation and Reflection on the Practice of Enterprise Compliance Reform

 

The advancement of any new system inevitably encounters various doubts and issues, and the practice of corporate compliance reform is no exception. There are both conceptual and institutional obstacles in the operation of enterprise compliance reform. As a new measure to address corporate crime, the core concern for corporate compliance reform is the compatibility of its incentive measures with the criminal rule of law. There are no theoretical difficulties in justifying corporate compliance incentives and integrating them into the modern criminal rule of law. Although there is still a lack of institutional support for corporate compliance incentives at the legal level, there is still room for corporate compliance incentives to operate at this stage. Incentives for corporate compliance reform, including substantive and procedural incentives, not only do not overflow the bottom line of criminal rule of law, but also contain a development opportunity for criminal policies for corporate crime to move from strict regulation to leniency. Under the framework of current substantive and procedural laws, the compliance plans of the enterprises involved should be "individual to individual" and "individual to individual"; The criminal accountability of enterprises and personnel involved in crimes does not need to be tied together, and can be handled separately from entity to procedure; Although conditional non prosecution cannot be directly applied to enterprises involved in crimes, it is possible to appropriately extend the review and prosecution time of enterprises involved in crimes, suspend prosecution of enterprises involved in crimes, and conduct compliance rectification and inspection.

 

(Source: China Journal of Criminal Law)

 

Long Zongzhi: Several Issues Concerning the Application of Empirical Rules in Criminal Proof

 

The rule of thumb refers to both universal and applicable knowledge rules, as well as methods and rules that rely on these universal knowledge to make evidence and factual judgments. Empirical rules have the dual characteristics of universality, relative certainty, effectiveness difference, and nature, which are related to and different from ordinary empirical judgments. In judicial proof, empirical rules have dual functions of verification and corroboration, as well as specific applicable objects and mechanisms. Using empirical rules to make factual inferences does not lower the standard of proof, so it is not a presumption, and should be prevented from entering theoretical and practical misunderstandings that abuse the concept of presumption. The use of scientific evidence requires the implementation of scientific rules. The objectivity and certainty of scientific rules can compensate for the shortcomings of empirical rule judgments, which will limit or even replace empirical rules under certain conditions. However, the verification and supporting functions of empirical rules on scientific evidence cannot be ignored. The use of empirical rules to prove and corroborate evidence adopts the logical path of deduction and induction, each with its own characteristics. Empirical rules may be restrained due to their evidence-based characteristics in the context of our system, but the two methods of proof can support and verify each other. Strengthening the application of empirical rules can improve the drawbacks of excessive reliance on verification and inappropriate application of verification.

 

(Source: China Journal of Criminal Law)

 

Wei Xiaona: From "the integration of arrest and prosecution" to "the integration of investigation and prosecution": the transformation of China's investigative control path

 

The current investigative control mechanism in China is dominated by direct control by procedural rules, supplemented by indirect control by evidence rules; Mainly through legislative control, supplemented by judicial control; The normalized control of investigation comes from the investigation supervision of procuratorial organs. According to the data in recent years, the effect of investigation and supervision is not ideal. The current investigation control mechanism, whether for the investigation entrance (i.e., filing a case) or for the investigation process itself, whether in terms of strength or coverage, has shortcomings. Controlling investigation is the historical mission of procuratorial organs, and it is also the requirement of objective litigation laws. Currently, the investigation and control mechanism of "carrying" and approving arrests - the reform of "integrating arrest and prosecution" - has limited coverage and significant side effects. In the future, the transformation of the investigation and control path should be realized, that is, from "the integration of arrest and prosecution" to "the integration of investigation and prosecution".

 

(Source: Politics and Law)

 

Supreme Prosecutor Miao Shengming: Interpreting the Criminal Justice Policy of "Less Arrest, More Prosecution, More Detention"

 

How does Director Miao Shengming of the Supreme People's Procuratorate understand the connotation and value function of the criminal justice policy of "less arrest, more prosecution, more custody"? What are the difficulties in implementing the criminal justice policy of "less arrest, more prosecution, more custody"? How to grasp the scope of application of the criminal justice policy of "less arrest, more prosecution, more custody"? How to innovate the working mechanism for implementing the criminal justice policy of "less arrest, more prosecution, more custody"? How to improve the relevant legal provisions of the criminal justice policy of "less arrest, more prosecution, more custody", and give full play to its social governance effectiveness? And other issues.

 

(Source: People's Procuratorate)

 

9. Wan Yi: A Study on Several Issues of the Evidence System in Criminal Procedure -- Based on the Supreme Law's Interpretation of the Application of the Criminal Procedure Law

 

The "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China" (hereinafter referred to as the "Interpretation"), adopted on December 7, 2020, focuses on solving key and difficult issues in practice, with many highlights and achievements. In Chapter 4, the evidence section responds to and clarifies several controversial issues in current practice, as well as important institutional innovations. However, the important institutional adjustments made to the evidence section, as well as the changes in concepts and positions reflected therefrom, how to recognize and evaluate it from the perspective of evidence jurisprudence, and how to understand and apply it in practice, have become important prerequisites for the correct implementation of the Interpretation.

 

(Source: People's Procuratorate)

 

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.)