Hangtianxin Dynamics | The 19th Criminal Development Forum of Comprehensive Law Firms Successfully Held at Qinghai Provincial Department of Justice


Release Time:

2024-08-05

Theme Sharing Part 1: Legal Aid Defense in First Instance Criminal Cases

Legal Aid Defense in the Spotlight

 

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Guest Speaker: Wang Xiaohui

 

Managing Partner, Zhejiang Jinda Law Firm

Secretary-General, Criminal Law Committee, Zhejiang Lawyers Association

Member, Discipline Inspection Committee, Hangzhou Lawyers Association

 

Lawyer Wang Xiaohui shared his experience providing legal aid defense, encouraging everyone to uphold the original intention of defense lawyers, their responsibilities and positions, to perform their duties professionally and diligently, further improving their professional level and service quality, so that the legitimate rights and interests of clients can be best protected.

Self-Quality Control Issues in Legal Aid from Several Cases

 

Guest Speaker: Zhang Lingfei   

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Lawyer, Beijing Shangquan (Xining) Law Firm

Member, Youth Work Committee, Qinghai Lawyers Association

 

Through three cases, Lawyer Zhang Lingfei shared her insights and experiences in handling legal aid defense cases. Lawyer Zhang believes that one should be serious and responsible in handling cases, and all procedural issues should be raised. Serious and responsible legal aid lawyers are more likely to be respected by judges and prosecutors.

 

Theme Sharing Part 2: Legal Aid Defense in Second Instance Criminal Cases

 

Advantages of Legal Aid Cases - From the Perspective of a Case Changed to a Nolle Prosequi After the Second Instance

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Managing Partner, Shanghai Jinghu Heng Law Firm

Director, Criminal Law Committee, Jingheng Law Firm

 

Lawyer Shen Guoyong shared a successful case where he participated in legal aid defense at the second instance stage, which ultimately resulted in a nolle prosequi. Lawyer Shen discussed the advantages of defense lawyers in legal aid cases, because aid lawyers and public security, procuratorial and judicial organs have the same status at the spiritual level, their views are easily accepted by judges and prosecutors, and are more likely to produce a defense effect.

 

Key Points of Second Instance Defense and Retrial in Legal Aid Cases

 

Guest Speaker: Pan Keben

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Director, Zhejiang Liushan Law Firm

Deputy Director, Criminal Law Committee, Hangzhou Lawyers Association

 

Lawyer Pan Keben pointed out the difficulties in second instance legal aid defense, such as low court appearance rates and low retrial rates, shared typical cases of legal aid defense he handled, and shared key points of defense and retrial.

 

Following the wonderful sharing of the four lawyers, Lawyer Wang Jianjun, Vice President of the Hangzhou Lawyers Association, gave a mid-session commentary on the event. Lawyer Wang Jianjun discussed the origin and development of the legal aid system, and stated that the gathering of lawyers from Zhejiang and Qinghai to discuss the handling of legal aid defense cases has far-reaching significance. Lawyer Wang said that the handling of legal aid defense cases shared by the four guests in the first half of the event reflects their social responsibility, professional responsibility, and professional responsibility.

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Zhang Qingsong, Vice President of the Qinghai Lawyers Association and Director of the Beijing Shangquan Law Firm, was unable to attend the event due to teaching in Beijing, and specially recorded a video to welcome the lawyers from Zhejiang and thank them for their support of the legal cause in Qinghai.

 

Theme Sharing Part 3: Legal Aid Defense in Death Penalty Review Cases

 

On the Reasonableness of Defense Against Retraction in Death Penalty Cases - From a Typical Death Penalty Review Case Selected by the Ministry of Justice Legal Aid Center

 

Guest Speaker: Hu Zeming

 

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Senior Partner, Zhejiang Jingheng Law Firm

Deputy Secretary of the Party Committee, Jingheng Law Firm

 

Lawyer Hu Zeming shared a successful case that was selected as a typical death penalty review case by the Ministry of Justice Legal Aid Center, and shared the details of the case handling process in detail, which was insightful and thought-provoking.

 

Standard Procedures for Handling Death Penalty Review Cases

 

Guest Speaker: Xing Zhi

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Senior Partner, Beijing Shangquan (Xining) Law Firm

Member, Criminal Law Committee, All-China Lawyers Association

Director, Criminal Law Committee, Qinghai Lawyers Association

 

Lawyer Xing Zhi introduced the overall situation and historical evolution of the legal aid public welfare project for death penalty review cases, and pointed out the main problems and improvement suggestions in the legal aid work for death penalty review cases.

 

Theme Sharing Part 4: Peer Review Rules for Criminal Legal Aid Cases: Detailed Explanation of the Ministry of Justice Rules

 

Guest Speaker: Zhou Xinyi

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Senior Partner, Zhejiang Liuhe Law Firm

Member, Criminal Law Committee, All-China Lawyers Association

Legal Aid Case Evaluation Expert, Ministry of Justice

 

Lawyer Zhou Xinyi shared the peer review rules, focusing on what peer review is and how to conduct it, covering aspects such as reviewing case files, meetings, investigation and evidence collection, providing legal opinions, participating in court hearings according to law, and fulfilling reporting obligations.

 

One River, One Love, Legal Aid - Introduction to the Quality Assessment Scoring Standard for Criminal Legal Aid Cases in Zhejiang Province

 

Guest Speaker: Shen Xiaofei

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Senior Partner, Zhejiang Nuoliya Law Firm

Director, Zhejiang Lawyers Association

Deputy Director, Criminal and Civil Cross-Committee, Hangzhou Lawyers Association

 

Lawyer Shen Xiaofei introduced the quality assessment scoring standard for criminal legal aid cases in Zhejiang Province. Lawyer Shen pointed out that the "Quality Assessment Scoring Standard for Criminal Legal Aid Cases in Zhejiang Province" is divided into eight major categories: meetings, notification, review of case files, court appearances, legal opinions (these five are key investigation items); evidence collection, reports, and case handling materials (these three are bonus points). Lawyer Shen also shared the differences between provincial and ministerial standards.

 

Following the wonderful sharing of the four guests, Lawyer Ma Kanghua, Vice Supervisor of the Hangzhou Lawyers Association, commented on the second half of the event. Lawyer Ma said that criminal defense lawyers bear a heavy responsibility, handling cases, but also participating in the lives of the parties involved. Handling legal aid cases requires careful and serious attention.

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As the event drew to a close, Zhou Xinyi, the rotating chair of the forum, expressed gratitude to all the attending lawyers and guests, and summarized the event. Lawyer Zhou Xinyi thanked the Qinghai Provincial Lawyers Association, Zhejiang Hangtianxin Law Firm, and its Henan branch for their strong support of the event, and expressed hope for the forum's continued success.

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In recent years, the Ministry of Justice has earnestly implemented the important instructions of General Secretary Xi Jinping. Through measures such as organizing law firms to establish branches, launching the "1+1" China Legal Aid Volunteer Action and the "Tibet Aid Lawyer Service Group" activities, it has promoted the full coverage of legal services provided by lawyers at the county level and aims to basically solve the problem of "counties without lawyers" nationwide by 2022. Hangtianxin Law Firm actively responded to the Ministry of Justice's call, and with the strong support of judicial administrative departments and lawyers' associations at all levels in Zhejiang and Qinghai, established the Zhejiang Hangtianxin (Henan) Law Firm in Henan Mongolian Autonomous County, Huangnan Tibetan Autonomous Prefecture, Qinghai Province.

 

Since its establishment, the Henan branch has been committed to providing high-quality legal services. Criminal law, as an important component of the rule of law, plays a crucial role in upholding social fairness and justice and safeguarding the rights and interests of the people.

 

Hangtianxin Law Firm will continue to move forward, contributing its wisdom and strength to promoting the continuous progress and prosperous development of the legal services industry!