At 10:00 on October 13, 2022, the second phase of the Dacheng Criminal Defense Circuit Forum jointly organized by the Dacheng Criminal Committee and the Beijing Criminal Professional Group opened. In view of the national COVID-19 epidemic prevention and control requirements, the lecture was changed to an online mode and adopted Tencent Conference software.
This lecture was chaired by lawyer Yu Xingquan, executive director of the Dacheng Criminal Committee. The host introduced the lecture plan of the Dacheng Criminal Committee and the main highlights of the lecture.
teach guest Dacheng Criminal Committee Han Youyi lawyer, Peking University doctor of criminal law, and is well versed in China, Germany, Japanese criminal law theory. has served as the vice president and director of the judicial examination training school Wanguo Education Group, and is an authoritative expert in criminal law training in domestic judicial examinations. The teaching time is more than 8,000 hours, and the teaching staff exceeds one million, and it is spread throughout the country's legal institutions.
Lawyer Han first explained what new type of crime is, is it a common vocabulary of current judicial practice or media, or is it a "new type" in criminology, or a "new type" in criminal law? Is it a theoretical gimmick, or is it a "criminal act that exceeds the original article cognition" that is truly worthy of serious treatment in the legal community? Later, lawyer Han explained some specific issues.
The so-called "new type" is manifested as a "new" in many aspects, such as: "new" in the field (cultural product series, bulk goods series, Internet, national support fields, etc.), and "new" in the target of crime (high-tech products, stem cell pension fraud, new energy vehicle subsidies, etc.). Even in 2014, the Shanghai procuratorate used credit card fraud cases to bind third-party payments such as Alipay and WeChat to bind them to hands, bank factoring cases, loans with credit cards attached to credit cards, false trade escape cases, commercial bribery cases in the issuance of trust and financial products, etc. as new types of cases. The Beijing Municipal Procuratorate has established three professional procuratorial offices, including intellectual property crime, network telecommunications crime, and financial crime to deal with the governance of new types of crimes.
Moral stance has different qualitative influences on "new types" of crimes. In a truly serious legal community, can the newly emerging behavioral patterns in criminology be directly identified as the same crime on Criminal Law , and can it break through the inclusion of the Criminal Law Articles language, or the scope of explanation?
This lecture starts from shallow to deep, taking some specific circumstances of fraud and duty crimes as examples, exposing the perverse nature of stopgap measures, exposing the analogy under the word game, and providing everyone with effective reference for defense ideas.
Peking University Law School Teacher Chen Ruihua said in "Review and Outlook of the Criminal Defense System over the past 40 Years of ": "A country's criminal defense system needs substantial changes. The main evaluation standard should be that lawyers can provide more timely and effective legal assistance to the client, and at the same time, the rights of defense lawyers can also be effectively relieved. The professional safety of defense lawyers All are also properly guaranteed. In this regard, the adjustments made by my country's laws to the professional positioning of lawyers and the professional ethics of lawyers can be described as a "quality" leap. However, in terms of the scope of participation, participation space, and participation stage of defense lawyers, our country's laws have only accumulated "quantity" and still need to improve "quality". This may be a deep-seated problem that my country's criminal defense system needs to solve. "The Dacheng Criminal Committee will arrange a series of lectures on multiple angles of criminal defense . We welcome colleagues who are interested in criminal defense to pay attention to it and jointly promote the development, progress and improvement of the criminal defense system.
