Criminal Practice(Including Enterprise Criminal Compliance), Corporation Compliance,
2016.07 Won the title of "Excellent Debater" in the "Jiangdong District First Youth Lawyer Debate Competition and the First Prosecutors and Lawyers' Prosecution and Defense Selection Competition"
September 2016, won the third prize in the Ningbo Young Lawyers Speech Competition
2017.07: "Excellent Student" in the third phase of centralized training for lawyer practitioners
2018.06 Won the title of Excellent Party Member in Ningbo Lawyer Industry from 2016 to 2017
2018.06 Won the title of "2017 Yinzhou District Lawyer Industry Excellent Party Member"
2018.07 Won the third prize of the 2018 Ningbo Lawyer Affairs Theory Seminar
2018.08 Won the title of "Excellent Debater" in the First Prosecutors and Lawyers' Prosecution and Defense Competition in Yinzhou District, Ningbo City
September 2019, won the second prize of the 9th Zhejiang Lawyers Forum
Gu Moumou was charged with opening a casino case, involving more than 1.8 billion yuan and sentenced to three years in prison
Shen was charged with illegally absorbing public deposits, involving an amount of over 9 million yuan, and was sentenced to one year and six months in prison
Zhou Moumou was charged with fraud, involving an amount of over 800000 yuan, and sentenced to a suspended sentence
Wu Moumou was sentenced to probation for embezzlement of funds
Chen Mou was sentenced to a suspended sentence in a case of illegal detention
Bu Mou was sentenced to a suspended sentence in a case of violating personal information of citizens
Huang Mou was sentenced to a suspended sentence for illegally absorbing public deposits
Chen Moumou was sentenced to a suspended sentence for being accused of gathering people to fight
Song Moumou was sentenced to probation for smuggling
Ren was sentenced to a suspended sentence for being charged with extortion
Luo Moumou was sentenced to probation for fraud
Li Mou Accused of False Litigation and sentenced to probation
Ye Moumou was sentenced to probation for insurance fraud
Guo Mou Suspected of Selling Fake Drugs and Not Prosecuting
Ruan Moumou Is Suspected of Smuggling Goods and Articles Prohibited from Import and Export by the State
Qiu Moumou is suspected of not prosecuting a bribery case against non state employees
Yang Moumou Suspected of Opening a Casino and Not Prosecuting
Qu Moumou is suspected of fraud and not prosecuted
Song Moumou is suspected of buying and selling official documents of state organs and not prosecuted
Jiang Mou is suspected of extortion and obtaining bail pending trial during the investigation stage
Xiao Moumou was released on bail pending trial during the investigation stage of suspected illegal fishing of aquatic products
Shen Moumou is suspected of illegally disposing of detained property and is awaiting trial on bail during the investigation stage
He Moumou is suspected of infringing on citizens' personal information and is awaiting trial on bail during the investigation stage
Zhang Moumou is suspected of colluding in the bidding case, obtaining a guarantor pending trial during the investigation stage
Luo Moumou is suspected of obtaining bail pending trial in an insurance fraud case
Qiu Moumou is suspected of obtaining a guarantor pending trial in a bribery case involving non state employees
Ren is on bail pending trial in a case of forced trading
Yang Moumou is suspected of opening a casino case and is awaiting trial on bail
- the Chinese language
-
2023 11/28
Analysis of the Boundary between the "False Self operation, True Agency" Model and the Crime of Fraudulent Export Tax Refunds
In the field of export tax refunds, it is strictly prohibited to handle export tax refunds through the business model of "fake self operation, real agency". The reason is that this business model is often related to illegal and criminal activities of fraudulently obtaining export tax refunds, which disrupts the normal order of export tax refunds. However, "fake self operation and real agency" cannot be equated with tax violations and tax fraud. What is the essence of the business model of "fake self operation and real agency", where is the boundary of violation, illegality, and involvement in crimes, and under what circumstances constitutes the crime of fraudulently obtaining export tax refunds? This article will analyze the above issues.
-
2023 11/24
The defense points of the crime of fraudulently obtaining export tax refunds
In recent years, cases of fraudulently obtaining export tax refunds have occurred frequently, and new characteristics have been shown in the areas involved and tax fraud methods. Relevant departments have also shown a new situation in cracking down on cases of fraudulently obtaining export tax refunds. How can lawyers achieve effective defense in this situation? This article will combine judicial practice to explore the main defense points of the crime of defrauding export tax refunds from the perspectives of the criminal subject, subjective elements, objective elements, crime amount, sentencing, etc., in order to provide some ideas for the effective defense of cases of defrauding export tax refunds.
-
2023 11/21
Analysis of the Crime of Fraudulent Export Tax Refund and the Crime of Tax Evasion
The crime of fraudulently obtaining export tax refunds refers to the state refunding taxes that should not have been refunded, while the crime of tax evasion refers to taxpayers failing to pay the taxes that should have been paid. From the concept, it can be seen that the difference between the two is quite obvious, but the provisions of Article 204 (2) of the Criminal Law establish a connection between the two, and in judicial practice, the crime of tax evasion is rarely seen in the judgment of the crime of defrauding export tax refunds. Therefore, the author believes it is necessary to clarify the relationship between the crime of fraudulently obtaining export tax refunds and the crime of tax evasion, as well as the role played by the provisions of Article 204 (2) of the Criminal Law in handling cases of fraudulently obtaining export tax refunds.
-
2023 11/14
Special Topic on the Crime of Fraudulent Export Tax Refund | Analysis of the Crime of Fraudulent Export Tax Refund and the Crime of Falsely Issuing Special Invoices for Value Added Tax
The crimes of fraudulently obtaining export tax refunds and falsely issuing value-added tax special invoices are both crimes that endanger the order of tax collection and management. The two have similarities in the main elements, subjective aspects, and deceptive behavior, but there are also obvious differences between the two crimes. In judicial practice, the crime of falsely issuing value-added tax special invoices and the crime of fraudulently obtaining export tax refunds often manifest as an implicated relationship between means and purposes, which can be said to be a pair of twin crimes. The author will explain the differences and connections between the two crimes one by one.
-
2023 06/05
The impact of mitigating or lenient circumstances on fine punishment
Fine refers to the penalty method by which a court imposes a certain amount of money on the offender to pay to the state. Fine belongs to a type of property penalty and is an additional penalty in Chinese criminal law. There are different understandings in judicial practice as to whether the sentencing circumstances of mitigated punishment and lighter punishment stipulated in the criminal law can be applied to additional punishment. Therefore, the author discusses several issues related to the impact of sentencing circumstances on fine punishment.
-
2022 12/07
Special Topic on Financial Crimes | Analysis of the Arguments on the Crime of Insider Trading and Disclosure of Insider Information
The key to the conviction of the crime of insider trading and disclosing insider information is to accurately define the insiders, identify the content, formation time, disclosure of insider information, and specific behaviors of insider trading. This article will explore the main defense points of the crime of insider trading and disclosing insider information from the perspectives of the subject of insider trading, insider information, objective behavior, objective evidence, and sentencing based on judicial practice and experience and thinking in handling relevant cases.
-
2022 12/06
Special Topic on Financial Crime | Characteristics of Insider Trading and Disclosure of Insider Information Cases
Based on the quantitative analysis of 74 cases of insider trading and disclosure of insider information, including the types of insider information, specific criminal acts, criminal amounts, return of illegal income, and sentencing, we can discover the basic characteristics and trends of insider trading and disclosure of insider information in terms of the number of cases, geographical distribution, criminal subjects, objective behavior, and criminal penalties. This article will continue to conduct in-depth analysis of the main characteristics of insider trading and disclosure of insider information cases.
-
2022 12/05
Trial Practice of the Crime of Insider Trading and Disclosing Insider Information
In recent years, with the continuous development of China's capital market, insider trading and disclosure of insider information have emerged in an endless stream. With the development of technology and innovation in trading methods, insider trading and disclosure of insider information cases have shown an increasing number, increasingly covert means, and increasingly complex forms. This article will take the crime of insider trading and disclosing insider information as the research object, and combine with judicial practice to introduce the specific behaviors, criminal amounts, and sentencing of insider trading and disclosing insider information, with a view to revealing the problems existing in judicial practice.
-
2022 11/08
Special Topic on Financial Crimes | Analysis of the Eight Arguments on the Crime of Obtaining Loans by Deception
进入21世纪以来,我国的银行业经历了十多年的黄金发展期,存贷规模高速增长,行业整体盈利水平明显高于其他行业,但由于相关制度的缺失和监管的空白,粗放化管理和发展的特点比较突出,导致整个银行业市场乱象丛生。进入新的发展时期,一系列行业乱象治理的专项行动也相继提上日程。2020年2月20日,中国银保监会办公厅《关于预防银行业保险业从业人员金融违法犯罪的指导意见》中也明确将信贷业务领域违法犯罪行为作为重点金融领域
-
2022 09/07
虚假诉讼罪的审判实践——基于北京市49份裁判文书的实证分析
《刑法修正案九》审议通过后,虚假诉讼罪被列入刑法调整范围。近年来,虚假诉讼案件呈高发趋势。笔者通过中国裁判文书网和威科先行等工具进行检索,获取北京市2016-2021年间虚假诉讼罪裁判文书共63份,发现北京市虚假诉讼罪案件在数量、时空分布等方面存在一定的特点,故以此作为样本具有一定的代表性。在样本选择过程中,关键词锁定为虚假诉讼罪,案由筛选选择刑事案件,地域选择北京市,检索后排除重复、无效样本,实际有效一审
-
2022 08/09
网暴法律规制系列 | 网络暴力危害的表现形式
近年来,互联网给人们提供了自由开放的交流平台,使得不同的观点、思想都可以在网上进行交流,而随着网络社交媒体日益发达,网络言论的表达渠道更加畅通、传播交流更加便捷,极大地提升了社会公众的文化、娱乐生活水平。但不可否认,因互联网社交媒体言论引发的名誉侵权纠纷也随之增多。部分网民有不同意见就出言相讥、为发泄情绪而言论偏激、为个人利益而假借舆论监督发表煽动性言论,演变成网络暴力进而时不时地刺痛人们的神经
-
2023 12/08
Lawyers Dong Xiaohua, Feng Wei, and Chen Cong defended accurately, and the two parties were successfully released
Recently, a suspected fraud case represented by lawyers Dong Xiaohua, Feng Wei and Chen Cong from Gaopeng Law Firm was effectively defended, and the procuratorate made a decision not to arrest the two suspect.
-
2023 09/14
Lawyer Gaopeng provides precise legal services to effectively help enterprises resolve criminal risks
Lawyers Dong Xiaohua and Chen Cong, senior partners of Gaopeng Law Firm, handled the case of J Company facing criminal charges and criminal compliance. After submitting targeted legal opinions and sufficient communication, the criminal risks were resolved and compliance rectification was avoided.
-
2023 07/05
Lawyer Gao Peng effectively defended, and the party involved in the traffic accident case was not prosecuted
Recently, Lawyer Dong Xiaohua and Lawyer Chen Cong, senior partners of Gaopeng Law Firm, handled a traffic accident case involving Wang. After nearly 8 months of work, the prosecutor's office finally made a decision not to prosecute. The successful outcome of this case is attributed to the joint efforts of the parties, defenders, and family members, as well as the prosecutor's adherence to the case handling philosophy of "less arrest, more cautious prosecution, and more cautious detention" and "the case is for people's livelihood", as well as the procuratorial responsibility and humanistic care to handle each case with sincerity and emotion.
-
2023 01/09
Gao Peng Law Firm was successfully selected into the list of law firms of China Construction Bank Beijing Branch
Recently, Gao Peng Law Firm was successfully selected into the list of alternative law firms of China Construction Bank Beijing Branch. In this selection project of the candidate lawyer pool, lawyers Yang Honghua, Li Zongjiang, Chen Cong and other lawyers of Gaopeng Law Firm carefully prepared the bidding documents, and the Ministry of Administration supported it.
-
2022 08/26
Lawyer Gao Peng met in a timely manner and accurately defended the client, successfully obtaining bail for the client
Recently, the case of Yu Moumou, suspected of leaking insider information, which was jointly handled by lawyer Dong Xiaohua, senior partner of Gaopeng Law Firm, lawyer Wu Ailing and lawyer Chen Cong, was promptly submitted by the lawyer after rapid intervention, multiple meetings and several discussions, and fully communicated with the procurator in charge, and finally the lawyer's opinion was adopted, the procuratorate made a decision not to approve the arrest on August 25, 2022, and Yu Moumou was successfully released on bail pending trial.