On January 19, a seminar on "Understanding and Application of the Criminal Law Amendment (12)" jointly sponsored by the G20 Anti-Corruption Research Center and the China Society of Anti-Corruption and Legal System was successfully held in Beijing. Jiang Wei, vice president of the China Law Society and former vice president of the Supreme People's Court, Hu Yunteng, president of the Case Law Research Society of the China Law Society and former full-time member of the adjudication committee of the Supreme People's Court, Yuan Qiguo, vice president and secretary general of the China Society of Clean Government and Legal System and former director of the Criminal Procuratorate of the Supreme People's Procuratorate, and Wang Xiaodong, vice president of the China Criminal Procedure Law Research Association and former president of the Second Criminal Trial Division of the Supreme People's Court, attended the meeting. Ms. Liang Yali, senior partner of Kyoto Law Firm and director of Kyoto Criminal Defense Research Center, was invited to attend the meeting and delivered a keynote speech.
Seminar site.
Professor Wang Xiumei presided over the meeting.
In this seminar, more than 40 experts, scholars and practitioners in the field of criminal law gathered together to discuss and study the Criminal Law Amendment (12) in depth. The opening ceremony was presided over by Professor Wang Xiumei, Professor of the Law School of Beijing Normal University, Vice Dean of the Academy of Criminal Sciences, and Director of the G20 Anti-Corruption Research Center. Professor Wang Xiumei, on behalf of the organizers of the conference, first expressed her sincere thanks to the invited guests, and believed that this meeting was held at the right time before the official implementation of the Criminal Law Amendment (12) on March 1 this year, aiming to gather forces from all walks of life to communicate together and deepen the digestion and understanding of the content of the Criminal Law Amendment (12). Subsequently, Jiang Wei, vice president of the China Law Society, Hu Yunteng, president of the Case Law Research Society of the China Law Society, and Yuan Qiguo, vice president and secretary general of the China Society of Integrity and Legal System, delivered opening speeches.
Jiang Wei, vice president of the China Law Society, delivered a speech.
In his speech, Jiang Wei, Vice President of the China Law Society, fully affirmed the importance of this seminar in promoting all sectors of society to strengthen their understanding and awareness of the Criminal Law Amendment (12) and promote the further heating up of relevant research. President Jiang Wei stressed that all walks of life should see the legislative evolution of the country behind the previous amendments to continuously improve the fight against corruption and crime, and deeply understand the relationship between bribery and bribery. Conscientiously comprehend the four important aspects of the crime of bribery involved in the revision of the Criminal Law: first, the types of bribery identified as the key investigation and handling will be transformed from a policy orientation to a legal provision, and clearly listed as a statutory heavier punishment; The second is to adjust the statutory punishment structure for the crime of bribery, adjusting the statutory sentence node of 5 years imprisonment to 3 years imprisonment, which is coordinated with the statutory punishment structure of the ** crime; the third is to increase the penalty for the crime of offering bribes by units; Fourth, the punishment for other bribery crimes has been comprehensively adjusted. It is necessary to fully implement the governance policy of curbing bribery and maintain the high-pressure situation of punishing the most advanced crimes, and increase the punishment of bribery. Properly grasp the criminal policy of investigating and dealing with bribery, increase the force of recovery and correction of improper benefits obtained from bribery, continue to exert efforts in the soil and conditions under which corruption arises, advance in depth, and create and carry forward a good trend of advocating honesty and resisting corruption.
Hu Yunteng, President of the Case Study Association of the China Law Society, delivered a speech.
Hu Yunteng, president of the Case Study Association of the China Law Society, said in his speech that all walks of life should have a more comprehensive understanding of the significance of the revision of the Criminal Law, focus on understanding the social and policy significance behind it, and experience the "two major concerns" contained in the amendment on the development and protection of private enterprises and the punishment of corruption crimes. As far as the first concern is concerned, it can be interpreted from four aspects: one reflects the equal protection of private enterprises and state-owned enterprises by the state; second, it reflects the criminal law's intervention in adjusting the internal governance of private enterprises and the management of private enterprise personnel; Third, higher requirements are put forward for the management and governance of private enterprises; Fourth, it creates conditions for promoting the high-quality development of private enterprises and further exploring the corporate compliance system with Chinese characteristics. As far as the second concern is concerned, it is necessary for us to strengthen our research on the crimes of illegally making profits for relatives and friends, and illegally operating similar businesses, and do a good job in doctrinal interpretation of some relatively vague provisions. Finally, President Hu Yunteng positively affirmed the role of the G20 Anti-Corruption Research Center as a think tank in serving and solving major practical national rule of law issues in the past, and hoped that the center would take this seminar as an opportunity to further produce more results and serve the construction of the national rule of law.
Yuan Qiguo, vice president and secretary general of the China Society for the Study of Integrity and Legal System, delivered a speech.
In his speech, Yuan Qiguo, vice president and secretary general of the China Association of Integrity and Legal System, welcomed the arrival of the guests on behalf of the organizers, and pointed out that it is necessary to grasp the two main lines of the "Criminal Law Amendment (12)" to increase the punishment of bribery crimes and increase the punishment of corruption-related crimes of private enterprises, further carry out anti-corruption legal work and research on the clean government legal system, accurately grasp the new situation and new requirements of the country's anti-corruption struggle, promote China's anti-corruption work to a new level, and escort the high-quality development of private enterprises. In the future, the China Society for the Study of Integrity and Legal System will further strengthen cooperation with the G20 Research Center for Anti-Corruption and Fugitive Recovery, and build an exchange platform for more experts and scholars to serve the overall work of the Party and the country.
Wang Xiaodong, vice president of the China Criminal Procedure Law Research Association, delivered a speech.
Wang Xiaodong, vice president of the China Criminal Procedure Law Research Association, then made a keynote speech on the theme of "Deep Integration of Equal Protection of Various Economic Entities and Anti-Corruption Struggle - From the Perspective of the Interpretation of the Criminal Law Amendment (12) >", believing that a major feature of this revision is that it pays more attention to the organic combination of equal protection of property and anti-corruption struggle. Legislative improvement through amendments can better maintain the stability and applicability of the criminal law, and implement the important instructions, instructions and decision-making arrangements that attach great importance to equal protection in accordance with the law and require enterprises to operate in compliance with the law into the law, strengthen the protection of the property rights of private enterprises and the rights and interests of entrepreneurs, and promote Chinese-style modernization with the modernization of political and legal work. At the same time, under the circumstance that the country's anti-corruption struggle has made achievements that have attracted worldwide attention, statistics show that the crackdown on bribery crimes in the past period of time has been relatively weak, and persisting in investigating bribery together is the need and embodiment of the in-depth development of China's anti-corruption struggle. The amendment to the content of bribery is not simply to increase the punishment, but to further refine the behavior of bribery subjects and unify the sentencing of various types of subjects. In the future application, we should more accurately implement the protection of rights, grasp the boundary between crime and non-crime, pay attention to preventing the improper spread of public power, take into account the actual situation of different enterprises, reasonably delineate the boundaries between civil and commercial disputes and economic crimes and duty crimes, and provide legal protection for the whole process of the development of private enterprises.
The seminar was divided into three modules. The third mid-term discussion session was chaired by Shang Haowen, a researcher at the G20 Anti-Corruption Research Center and associate professor of the Law School and Criminal Sciences of Beijing Normal University. Lawyer Liang Yali, senior partner of Kyoto Law Firm and director of Kyoto Criminal Defense Research Center, made a speech entitled "The Connection and Reflection on the Judicial Application of the Criminal Law Amendment (12) > and the Compliance Reform of Enterprises Involved in the Case".
Lawyer Liang Yali made a special speech.
In the keynote speech, lawyer Liang Yali summarized the characteristics of private enterprises and private entrepreneurs' criminal cases since the 18th National Congress of the Communist Party of China by introducing three criminal cases involving private entrepreneurs that she personally handled. Lawyer Liang Yali believes that the personal freedom of private entrepreneurs needs to be valued, the legitimate property of private enterprises needs to be equally protected, and it is necessary to pay attention to and solve the phenomenon of criminal means interfering in economic disputes in criminal justice practice. Lawyer Liang Yali sorted out the relevant legislation on the law-based business environment and the protection of private enterprises, and interpreted the legislative trend of the Criminal Law Amendment (12) from the perspective of policy evolution.
As a senior criminal defense lawyer, Ms. Liang Yali also put forward her thoughts on avoiding the alienation of the Criminal Law Amendment (12) into a tool for shareholders' rights struggle within the company from the perspective of specific criminal defense practice, further emphasized the importance of case filing supervision and review of the necessity of detention, and how to better connect the legislation of "equal protection" in the Criminal Law Amendment (12) with the private economic protection policy**.
Lawyer Liang Yali also made a review of the compliance needs of enterprises in the context of the promulgation of the Criminal Law Amendment (12), and proposed that lawyers should play an active role in promoting the development of the private economy.
The closing ceremony of the meeting was presided over by Professor Zhang Lei, deputy director of the G20 Anti-Corruption Research Center and professor of the Law School and Criminal Science School of Beijing Normal University. Professor Zhang Lei briefly sorted out the speeches of the three units, and further proposed that with the continuous deepening of the anti-corruption struggle, the meaning of "joint investigation" has been continuously enriched, which is multi-subject and multi-dimensional, not only the bribery we are familiar with, but also the state-owned enterprises and private enterprises embodied in the amendment, the domestic and overseas joint investigation in transnational commercial bribery, and the joint investigation of bribery and money laundering in the handling of bribery cases.
In her concluding remarks, Professor Wang Xiumei, Director of the G20 Anti-Corruption Research Center, said that although the preparation time for the conference was relatively short and the duration of the conference was only one morning, with the participation of guests from the theoretical and practical circles, we jointly held a high-quality seminar. The Criminal Law Amendment (12) is relatively short, but its impact on the future criminal justice will be far-reaching and long-lasting, and the perspectives from which research can be carried out are also diverse, reflecting the research thinking of related research disciplines, including civil law, company law and other precedent laws, and the intersection of domestic law and international law. Due to time constraints, only three topics were set up in the seminar, and it is hoped that the participants will take this opportunity to continue to explore the multi-dimensional value of the Criminal Law Amendment (12), continue the discussion, and further set off a research upsurge on the understanding and application of the Criminal Law Amendment (12).
The seminar actively paid attention to the evolution of major national legislation, fully focused on the theme of "Understanding and Application of the Criminal Law Amendment (12)", and set up relevant unit topics around the two main lines of equal protection of private enterprises and punishment of corruption crimes, and conducted full exchanges and discussions. In the collision of ideas, the participants enriched and expanded their research perspectives and further deepened their understanding of the amendments. The G20 Anti-Corruption Research Center will also take this seminar as an opportunity to promote the collection and publication of this conference as soon as possible, promote all sectors of society to pay more attention to the Criminal Law Amendment (12), understand its content and ideas, carry forward its functional value, and continue to provide more intellectual support for Chinese-style modernization.