On August 24, 2024, the “20th Anniversary Forum on Criminal Defense—Station Nine: Shenyang” was successfully held at the Liaoning Building. Hosted by Liaoning Tongfang Law Firm, the forum was presented in the format of a “Tongfang Academy Open Course.” More than 400 guests from academia and practice—including criminal defense lawyers—from across the country attended the forum. Scholars from the field of legal theory and practitioners from the judicial system gathered together to jointly discuss new trends in criminal defense practice and business under the context of the current era.

“Twenty Criminal Defense Lawyers” is a grassroots academic and practical research forum initiated by well-known criminal defense attorneys in China. Adhering to the guiding principle of “exchange, enhancement, and mutual progress,” it uses law as its medium and debate as its means of fostering friendships. Together with professional practitioners from the criminal defense field, it focuses on cutting-edge issues in the criminal justice system, explores new frontiers in criminal defense practice for the new era, expands new horizons for criminal defense lawyers in the new era, disseminates criminal defense knowledge, promotes the spirit of public service, facilitates exchanges and cooperation among legal professionals, and drives the development and advancement of China’s criminal defense profession.

This forum is divided into three sessions, covering practical defense strategies for fraud offenses, criminal risk prevention and control for private enterprises, and effective expansion and capability enhancement in criminal law practice. The themes are clear and concise, combining theoretical depth with broad applicability. Professor Wu Dan, Dean of the Economic Crime Investigation College at the China Criminal Police College, Professor and Doctor of Law; Professor Xing Zhirren, President of the Criminal Law Research Association of the Liaoning Provincial Law Society, Professor at the School of Law of Liaoning University, and Director of the Liaoning Lawyers’ Institute for Criminal Defense; Professor Zhao Binggui from the School of Law at Liaoning University; Attorney Zhang Qingsong, founder of Beijing Shangquan Law Firm and currently Vice President of the Qinghai Provincial Lawyers Association; Attorney Yang Xingquan, Honorary President of the Liaoning Provincial Lawyers Association; Attorneys Cao Yuanjun, Hou Desheng, and Shi XiaoJiao, Vice Presidents of the Liaoning Provincial Lawyers Association; Attorneys Li Yi and Huang Xiaoxing, Vice Presidents of the Shenyang Municipal Lawyers Association; Attorney Xia Tangjian, Vice President of the Fushun Municipal Lawyers Association; Attorney Wu Zhonghua, Vice President of the Chaoyang Municipal Lawyers Association; Attorney Chu Yanqiu, Vice President of the Tieling Municipal Lawyers Association; Director Zhao Qiangjiu from Beijing Yingke (Huludao) Law Firm; Director Wang Ximin from Liaoning Yingbiao Law Firm; and numerous directors and deputy directors of specialized committees from the Liaoning Provincial and Shenyang Municipal Lawyers Associations attended this forum. Geng Luhong, Director of the Criminal Law Committee at Liaoning Tongfang Law Firm Preside over the opening.

Guest Speech

Hou Desheng, Vice President of the Liaoning Provincial Lawyers Association We extend a warm welcome to our guests who have traveled from afar. He proposed: May all criminal defense lawyers become legal professionals imbued with deep commitment and passion—showcasing righteous integrity through a people-centered ethos, embodying the noble spirit of scholars with a spirit of striving, upholding justice in the world with a political conscience, collaborating with shared dedication to chart a bright future for our profession, and making meaningful contributions in the new era through a sense of responsibility. May every criminal defense lawyer strive to become a legal professional dedicated to the pursuit of utmost professionalism, driven by heartfelt passion and a craftsman’s spirit of excellence. May each criminal defense lawyer not only achieve professional success but also remain endearing and likable. Finally, Chairman Hou wishes the forum every success.

Guest Keynote Speech

Wang Yalin, Director of the Criminal Law Committee of the Anhui Lawyers Association and Director of the Management Committee of Anhui Jintai Asia Law Firm Taking the system of “team-based, refined, and standardized” handling of criminal cases as an example, he comprehensively and clearly explained—drawing on perspectives such as the application of criminal theory, methodology of criminal law, fundamental principles of criminal evidence law, and elements of technical defense—how to become an outstanding criminal defense lawyer. He summarized a sixteen-character defense guideline: “Study the case files, conduct thorough investigations and gather evidence, take the initiative in prosecution, and remain flexible and adaptable.” This guideline provides valuable guidance for young lawyers navigating their approach to criminal defense.

      Zhang Qingsong, Vice President of the Qinghai Provincial Lawyers Association The text elaborates on the responsibilities of defense counsel as stipulated in Article 37 of the Criminal Procedure Law. It points out that the core of criminal defense lies in adversarial proceedings, and that the value of such defense represents the warmest aspect of the entire criminal justice process. Criminal defense lawyers should take the provisions of Article 37 of the Criminal Procedure Law as both the purpose and guiding principle for their criminal defense work, and fulfill their adversarial duties with a “harmonious” approach.

Unit 1: Practical Defense in Fraud Crimes

       This unit is composed of Tao Tao, Attorney at Beijing Gaowen Law Firm Host.

      Geng Luhong, Senior Partner at Liaoning Tongfang Law Firm She shared her insights from handling three “favor-seeking” fraud cases. Through five key aspects—“defining the status of the case, examining the subjective intent, assessing objective circumstances, identifying the types of evidence used by the prosecution, and determining the types of exculpatory evidence presented by the defense”—she summarized the defense strategies and judicial practice in such fraud cases. She pointed out that both the general public and law enforcement agencies tend to have a simplistic understanding of the elements and nature of “favor-seeking” fraud cases. However, as professional criminal defense lawyers, we should respect China’s national conditions and the principle of minimal intervention inherent in our criminal law, and provide clients with professional and effective legal representation.

      Song Hongchang, Director of the Criminal-Civil-Administrative Intersection Committee of the Shandong Lawyers Association and Senior Partner at King & Wood Mallesons (Jinan) Law Firm. The discussion focused on the difficulties and key points in defending against “acquisition-based” fraud crimes. He pointed out that acquisitions—especially those involving listed companies—feature unique pricing mechanisms. In addition to the standard acquisition agreement, there are often wagering agreements or performance-guarantee compensation agreements. The price stipulated in the acquisition agreement is, in fact, a provisional figure that will be adjusted based on the acquired company’s operating performance over several years following the acquisition. As a result, it is extremely challenging to determine whether an act constitutes a crime or not. Moreover, fraudulent behavior during the acquisition process does not automatically amount to fraud; rather, such behavior must be assessed substantively and holistically in light of the constitutive elements of the crime of contract fraud. Only when the fraudulent content pertains to critical aspects of the transaction, represents fundamental information, and significantly influences the acquirer’s willingness to proceed, as well as the valuation and acquisition price, can it be considered fraud. Defense attorneys must also take into account the industry in which the acquired company operates, gain a clear understanding of the acquirer’s key concerns and the acquired company’s selling points, and use this information to evaluate the significance of the fraudulent conduct.

      Chen Qi, Deputy Director of the Criminal Defense Committee of the Beijing Lawyers Association and Director of the Criminal Defense Training Institute at Beijing Jingshi Law Firm. Through an analysis and systematization of classic cases, this paper systematically explains the various manifestations of the constituent elements of the crime of fraud as well as the practical controversies surrounding them.

      Zhao Chunyu, Director of the National Criminal Law Professional Committee of Yingke The judicial identification of “financing-based” fraud cases was shared. Attorney Zhao Chunyu pointed out that, given the structure of fraud crimes, determining whether “fictitious facts” have been presented hinges on distinguishing between core facts and peripheral facts. Using two vivid case examples, he illustrated that “fabrication does not equate to fraud.” Focusing on the two key elements—whether the counterparty has fallen into a mistaken belief and whether the perpetrator had the intent to unlawfully possess—the property—Attorney Zhao Chunyu, drawing on a second-instance retrial case he personally handled that resulted in an acquittal, elaborated on the approaches and requirements for sophisticated defense strategies.

      Wu Dan, Dean of the Economic Crime Investigation College at the China Criminal Police College Commenting on the guest’s sharing, he stated that in fraud cases, the fundamental issue—whether an act constitutes a crime or not—lies in establishing the concept of “unity of legal order.” It is difficult to identify common patterns when handling such cases. Therefore, lawyers must have a clear grasp of criminal law theory and continuously enhance their professional expertise when providing defense.

Unit 2: Exchange on Criminal Prevention and Control Services for Private Enterprises

This unit is composed of Liaoning Provincial Lawyers Association Director of the Special Committee for Liaison of “Two Representatives and One Committee Member,” Vice President of the Chaoyang Lawyers Association, and Director of Liaoning Antu Law Firm Wu Zhonghua Host.

       Zhao Yunheng, Chairman of the Partners’ Meeting at Beijing Xinglai Law Firm An in-depth discussion was held on common criminal risks faced by private enterprises and corresponding countermeasures. Starting from typical, practical risk issues, the discussion provided enterprises with specific solutions to ensure that they can maintain normal production and operations while effectively avoiding criminal risks. It was emphasized that criminal defense lawyers, drawing on their professional expertise and case-handling experience, can offer enterprises unique and effective criminal prevention strategies.

Yuan Zhi, Senior Partner at Beijing Weiheng (Chengdu) Law Firm He shared three key points for private enterprises to prevent and control criminal legal risks: First, there is tension between preventing criminal legal risks and making business considerations; second, the approach of “having it both ways” lacks the foundation and conditions necessary for effectively controlling criminal legal risks; third, the key to preventing criminal legal risks lies in avoiding both mistakes made out of ignorance and mistakes resulting from poor choices. He emphasized that while legal risks can be managed and controlled, they cannot be entirely avoided.

Wu Zhirui, Director of Guangxi Ruijia Hong Law Firm By citing numerous cases, he illustrated the importance of private entrepreneurs being aware of criminal legal risks. He provided vivid explanations, covering both past approaches to dealing with “original sins” and future countermeasures. He pointed out that private enterprises often lack such awareness, yet for legal advisors, many cases can be prevented before they even occur. He particularly emphasized that legal advisors must possess a solid foundation of expertise in criminal law as well as experience handling criminal cases!

Ma Cheng, Senior Partner at Beijing Dacheng (Shenzhen) Law Firm The speech summarized five major reasons why legal risks faced by private entrepreneurs are increasingly on the rise, and then went on to offer ten practical recommendations for entrepreneurs—for example: Entrepreneurs who can afford it should hire criminal legal advisors; when investing and doing business, they should steer clear of regions with poor rule-of-law environments; and they should avoid mixing personal assets with company assets. He emphasized that an entrepreneur must cultivate a strong sense of legality and awareness of red lines, striving for both internal and external self-improvement, maintaining a deep sense of reverence, and knowing exactly where to draw the line in their actions—only then can they achieve steady and long-term success. This viewpoint received unanimous approval from the audience.

      Xing Zhirén, President of the Criminal Law Research Association of the Liaoning Provincial Law Society and Director of the Liaoning Lawyers Institute for Criminal Defense The professor expressed his gratitude for the guests’ insights. He pointed out that the causes of criminal risks faced by private enterprises are complex and can broadly be categorized into internal and external factors—namely, the external policy environment and the internal governance structure of the enterprise itself. If private enterprises shift away from family-based management toward more professional and collaborative governance, and if they appoint professional managers and legal advisors—especially by increasing the number of lawyers specializing in criminal law—they can effectively mitigate many of these risks. He emphasized that the perspectives shared by the guests undoubtedly represent a significant highlight and valuable contribution to the success of this forum.

Unit 3: Effective Expansion and Capability Enhancement of Criminal Law Practice

This unit is composed of Bai Siqi, Partner at Liaoning Tongfang Law Firm Host.

      Hu Ruijiang, Deputy Director of the Criminal Law Committee of the Zhejiang Provincial Lawyers Association and Secretary of the Party Branch of Beijing Tongshang (Hangzhou) Law Firm Under the theme of “The ‘Fish’ and the ‘Fishing’ in Criminal Practice,” he vividly shared his experiences in expanding sources of criminal cases. He pointed out that, according to data, the total number of criminal cases nationwide has not decreased; however, the structure of these cases has changed, with a slight decline in the number of cases where clients are both willing and able to hire defense attorneys. Based on this phenomenon and trend, Attorney Hu shared insights into channels for acquiring criminal case leads and methods for enhancing the capacity to take on new cases.

      Ren Jie, Director of Jiangsu Tianxian Law Firm I shared my views on how to enhance criminal practice skills, aiming to become a professional criminal lawyer. I believe that specialization—deepening one’s expertise in a particular area—is the key path to improvement. To achieve this, I emphasized training in all four aspects: listening, speaking, reading, and writing. For example, I suggested attending lectures and court hearings given by renowned senior lawyers; practicing concise and precise expression within a minute through WeChat voice messages; carefully studying landmark cases, especially judgments from the Supreme People’s Court that overturned convictions and resulted in acquittals, adopting the perspective of judges to gain insight into their reasoning and evidence-analysis skills; and improving writing proficiency. I stressed that the primary purpose of writing is to persuade, and that writing should be grounded in legal principles and supported by solid evidence—only then will it be easier for investigative authorities to approve requests and adopt our recommendations.

    Zheng Cheng, Director of the Criminal Law Committee of the Guangdong Lawyers Association and Partner at Beijing Dacheng (Guangzhou) Law Firm. From the perspectives of market development and professional responsibility, he shared his personal experiences in enhancing his skills as a criminal defense lawyer. He emphasized that, as individuals, lawyers should not merely treat their clients like gods—rather, they should strive to become their clients’ true “gods.” As part of a larger community, lawyers must avoid becoming mere prisoners of the market. Attorney Zheng put forward two key ideas: cultivating a professional demeanor characterized by expertise, courage, and wisdom is the best calling card for lawyers to showcase themselves. Beyond fulfilling their duties and responsibilities to their clients, lawyers also bear a professional obligation to society—they must be guardians of the rule of law and, even more importantly, catalysts for social progress and civilization!

Li Chunguang, Vice President of the Yunnan Lawyers Association and Chairman of the Partners’ Meeting at Yunnan Lingyun Law Firm He shared a unique perspective on the career path choices for lawyers. He pointed out that although the number of legal professionals is growing, it’s crucial not to revert to the “jack-of-all-trades” approach. The buyer’s market emerging from the economic downturn inevitably demands that legal service providers become more dedicated and more specialized. Vertical market segmentation remains the future trend for the industry’s development.

      Xu Zongxin, Director of Shanghai Jingyulin Law Firm He delivered a speech titled “The Cognitive Levels and Steps of Criminal Defense Lawyers,” emphasizing the importance of critical thinking. He outlined the dialectical logical relationships among four cognitive levels—emotional thinking, causal thinking, dialectical thinking, and systems thinking—and elaborated on the six cognitive steps that criminal defense lawyers should follow. Finally, he wished the 20-person forum every success.