Founded in 1984, the Criminal Law Research Society of Shanghai Law Society (hereinafter referred to as the "Criminal Law Research Society") is one of the earliest research societies affiliated to the Shanghai Law Society and has the largest number of registered members (more than 700 people) so far. The members of the Criminal Law Research Association are mainly from the city's universities, scientific research institutions, government departments, public procuratorates, law firms and other units. There are 29 directors of the research society, including 1 president, 5 vice presidents, 1 secretary-general (part-time) and 2 deputy secretary-generals. The current president is Professor Liu Xianquan. The research society has set up a party working group, with Professor Liu Xianquan, the president, as the leader, Zhang Jian, the vice president and secretary general, as the deputy leader, and Yu Gaizhi, the vice president, as the member. In 2023, under the guidance of the Municipal Law Society, the Criminal Law Research Society will continue to uphold the twelve-character policy of "getting close to the judiciary, serving the judiciary, and improving effectiveness", adhere to the dual focus of party building and research work, conduct academic exploration of the frontier, hot and difficult issues of criminal justice, provide theoretical support for solving difficult and complex problems in judicial practice, and fully demonstrate the demeanor of Shanghai criminal law scholars. The members of the research society have worked hard in their respective research fields, published papers, and achieved gratifying results, actively contributing to the prosperity and development of criminal law in mainland China.
1. Main academic activities
1. On May 11, 2023, the 19th Shanghai Doctoral Forum on Criminal Law and "Criminal Risks and Criminal Law Responses Caused by Generative Artificial Intelligence such as ChatGPT" jointly hosted by the Criminal Law Research Association and the Institute of Criminal Law of East China University of Political Science and Law. More than 200 doctoral students participated, and the forum mainly focused on the challenges of generative AI such as ChatGPT to traditional criminal law theories and its criminal law governance, and reached a broad consensus.
2. From June 16 to 17, 2023, the Criminal Law Research Association and the Law School of East China Normal University jointly held the 5th Criminal Law Forum "The Unification of Legal Order and the Intersection of Criminal and Civil Issues". The forum was divided into five units, including keynote speeches, keynote reports, free discussions and other links, and the participating experts conducted in-depth discussions on "the basic issues of the unity of legal order and the intersection of criminal and civil", "the basic issues of the unity of legal order and the intersection of criminal and civil", "the research on the application of various crimes in intersecting criminal and civil cases", and "procedural issues of intersecting criminal and civil cases", which provided a useful reference for judicial practice.
3. On August 18, 2023, the Criminal Law Research Association hosted a seminar on "Corruption Governance in Private Enterprises and the Judicial Application of Criminal Law Amendments", which was attended by more than 30 experts and scholars from universities and scientific research units in Shanghai, as well as people from Shanghai public procuratorate, law firms and other practical departments. The Criminal Law Amendment (12) (Draft) discussed the provisions on the governance of corruption in private enterprises, and reached a certain academic consensus. After the meeting, the Criminal Law Research Society set up an expert opinion drafting group for the Criminal Law Amendment (12) (Draft), and organized the writing of the Expert Opinion of the Criminal Law Research Society of the Shanghai Law Society on the Criminal Law Amendment (12) (Draft), which was reported by the Municipal Law Society to the China Law Society and the Legislative Affairs Commission of the Standing Committee of the National People's Congress.
2. Major academic achievements
(1) Research on the subject
1. National Social Science Fund projects or other national scientific research projects
(1) Zhang Kaijun (director): presided over the 2023 National Social Science Fund project "Research on the Punishment Boundary of Online Accomplice from the Perspective of Unlawful Complicity".
(2) Li Rui (Director): Completed the project of the National Social Science Fund "Alienation and Governance of Financing Crimes in the New Economic Context".
(3) Daniel Zhang (member): presided over the 2023 National Social Science Foundation project "Research on the Modernization and Transformation Mechanism of Data Security Criminal Governance".
(4) Wang Linlin (member): presided over the 2023 National Social Science Foundation project "Empirical Research on Deepening the Reform of Sentencing Standardization in the Context of Misdemeanor Governance".
(5) Duan Bei (member): presided over the 2023 National Social Science Foundation Youth Project "Research on the Criminal Governance of Production Safety Crimes under the "Dual-track" Model".
2. Provincial and ministerial scientific research projects
(1) Lu Qinzhong (Director): Presided over the 2023 Supreme People's Procuratorate Procuratorial Application Theory Research Project "Research on the Improvement of the Two-way Connection Mechanism for the Evaluation of the Compliance Effectiveness of Enterprises Involved in Cases and Executions - Ensuring the Quality and Effectiveness of Compliance of Enterprises Involved in Cases with Systematic Supervision and Coordination".
(2) Li Zhenlin (Deputy Secretary-General): presided over the 2023 Supreme People's Procuratorate's procuratorial application theory research project "Research on the Equal Protection of Various Market Entities by Procuratorial Organs in Accordance with the Law - From the Perspective of Intellectual Property Criminal Prosecution Performance".
(3) Qin Minghua (member): presided over the 2023 Supreme People's Procuratorate's procuratorial theory research project "Research on the Types of Illegal Financial Activities and Criminal Liability Involved in "Shadow Banking".
(4) Yao Jianlong (member): presided over the 2023 procuratorial theory research project of the Supreme People's Procuratorate "Research on the Evaluation Index System for the Construction of the Social Support System for Unprosecuted Procuratorates".
(5) Tu Longke (director): presided over the 2023 Supreme People's Procuratorate's procuratorial theory research project "Analysis of Criminal Compliance Elements and System Construction in the Field of Network Data Security".
(6) Jiang Tao (Member): Presided over the Supreme People's Court's 2023 major judicial research project "Research on Judicial Practice Issues of Enterprise Compliance".
(7) Wei Changdong (member): presided over the 2023 Supreme People's Procuratorate's procuratorial application theory research project "Judicial Determination of the Constitutive Elements of Crimes Involving Food and Drugs".
(8) Liu Jun (member): "Research on the Pre-prevention and Governance Model of Public Security" special project of "Research and Interpretation of the Spirit of the 20th National Congress of the Communist Party of China" of Shanghai Philosophy and Social Science Planning
(9) Pi Yong (member): presided over the 2023 Supreme People's Procuratorate's procuratorial application theory research project "Research on the Quality Assurance Mechanism of Minor Injury Public Prosecution Cases".
(10) Lu Yimin (member): presided over the 2023 Humanities and Social Science Research Youth Fund Project of the Ministry of Education, "Research on the Diversion and Attribution of Cybercrime Helping Behavior".
(2) Participation in legislation
On August 18, 2023, the Criminal Law Research Society hosted a seminar on "Corruption Governance in Private Enterprises and the Judicial Application of Amended Provisions of the Criminal Law", and discussed the provisions of the Criminal Law Amendment (12) (Draft) on the governance of corruption in private enterprises, and reached a certain academic consensus. After the meeting, the Criminal Law Research Society set up an expert opinion drafting group for the Criminal Law Amendment (12) (Draft), and organized the writing of the Expert Opinion of the Criminal Law Research Society of the Shanghai Law Society on the Criminal Law Amendment (12) (Draft), which was reported by the Municipal Law Society to the China Law Society and the Legislative Affairs Commission of the Standing Committee of the National People's Congress.
(3) Published papers (only CSSCI source journals are listed)
1. Liu Xianquan (President): "The Impact of Generative Artificial Intelligence on the Criminal Law Protection System of Data Legal Interests", China Journal of Criminal Law, No. 4, 2023.
2. Liu Xianquan (President): "Classification and Grading of Data in the Metaverse Space and Criminal Law Protection", Comparative Law Research, No. 4, 2023.
3. Liu Xianquan (President): "Research on the Criminal Liability of ChatGPT and Other Generative Artificial Intelligence", Modern Legal Science, No. 4, 2023.
4. Liu Xianquan (President): "Criminal Law Analysis of the Characterization of Illegal Acquisition of Virtual Property in the Metaverse Space", Oriental Jurisprudence, No. 1, 2023.
5. Liu Xianquan (President) and Wang Zhe (Member): "The "Alienation" and "New Form" of Harmful Behaviors in the Criminal Law of the Metaverse Space", Journal of Soochow University (Philosophy and Social Science Edition), No. 3, 2023.
6. Liu Xianquan (President) and Dong Wenkai (Member): "The Land of Law": An Analysis of Criminal Law on Types of Crimes in the Metaverse Space", Exploration and Controversy, No. 9, 2023.
7. Liu Xianquan (President) and He Yangyang (Member): "Criminal Law Analysis of the Objective Behavior of Counterfeiting Digital Currency", Journal of South China Normal University (Social Science Edition), No. 5, 2023.
8. Yu Gaizhi (Vice President), Zou Hongjian (Member): "The Boundary between Extortion and Robbery: Perspective, Standard and Application", Journal of Zhejiang Gongshang University, No. 5, 2023.
9. Peng Wenhua (Director): "The System Positioning and Local Design of the Crime Collateral Consequence System", China Journal of Criminal Law, No. 4, 2023.
10. Peng Wenhua (director), Fu Liang (member): "The Goal and Path of Criminal Governance in the Context of Criminal Structure Change", Journal of Chinese People's Public Security University (Social Science Edition), No. 2, 2023.
11. Peng Wenhua (Director): "Systematization of Crime and Punishment of Cybercrime from the Perspective of Modernization of Criminal Governance", Journal of Soochow University (Philosophy and Social Science Edition), No. 1, 2023.
12. Yu Xiaohai (Deputy Secretary-General), "Reshaping the Relationship between Criminal Law Amendment and Judicial Interpretation: An "Interactive" Perspective", Tsinghua Law Science, No. 4, 2023.
13. Yu Xiaohai (Deputy Secretary-General), "On the 'Likeness' in the Rules of Interpretation of the Same Kind in Criminal Law", Jurist, No. 2, 2023.
14. Yu Jian (Member), "The Legal Nature and Development of Precise Sentencing Recommendations", Oriental Jurisprudence, No. 4, 2023.
15. Jiang Tao (Member), "Criminal Security Risks and Their Criminal Law Prevention and Control System in the Era of Digital Economy", Journal of Sichuan University (Philosophy and Social Science Edition), No. 6, 2023.
16. Jiang Tao (Member), "Jurisprudence and Blueprint for the Recodification of Criminal Law", China Legal Science, No. 5, 2023.
17. Jiang Tao (Member), "Taking the Limits of Preventive Criminal Law Seriously: An Investigation Centered on Type Division", Social Science, No. 8, 2023.
18. Jiang Tao (Member), "The Connection of Criminal Liability, Administrative Liability and Civil Liability in the Governance of Online Violence", Legal Science (Journal of Northwest University of Political Science and Law), No. 5, 2023.
19. Jiang Tao (Member), "Value Judgment of Criminal Law Interpretation", Chinese Social Sciences, No. 7, 2023.
20. Jiang Tao (Member), "Legislative Transformation and Recodification of Modern Criminal Law", China Criminal Law Journal, No. 2, 2023.
21. Jiang Tao (Member), "The Clarity of the Criminal Law and the Restricted Application of Pocket Crimes—Also on the Application of the Formula of "Clear Superior to Unclear", Politics and Law, No. 4, 2023.
22. Jiang Tao (Member): "The Protection of Legal Interests and Its Practice Path of Economic Criminal Law", Jiangxi Social Sciences, No. 3, 2023.
23. Jiang Tao (Member), "The Boundaries of the Criminal Law System of Disclosed Personal Information", Academia, No. 3, 2023.
24. Jiang Tao (Member), "The Dilemma and Way Out of Criminal Law Regulating Cybercrime in the Era of Digital Economy", Journal of Soochow University (Philosophy and Social Science Edition), No. 1, 2023.
25. Jiang Tao (Member), "Criminal Security Risks and Its Criminal Law Prevention and Control System in the Era of Digital Economy", Journal of Sichuan University (Philosophy and Social Science Edition), No. 6, 2023.
26. Jiang Tao (Member), "The Advocacy of Criminal Law Doctrine on Case Discussions", Journal of the National Prosecutors College, No. 6, 2023.
27. Du Yu (Member) and Bi Haiyan (Member), "On the Identification of Negligent Behaviors", Tsinghua Law Science, No. 1, 2023.
28. Liu Jun (Member), "Symbiosis of Virtuality and Reality: Preventive Governance of the Metaverse Based on Security and Trustworthiness", Eastern Jurisprudence, No. 6, 2023.
29. Liu Jun (Member), "The Punishment Mechanism of Rewarding Leniency for Pleas and Its Realization in Accepting Guilt and Accepting Punishment", Legal Science, 2023, No. 6.
30. Liu Jun (Member), "The Danger of Perpetrators in Repeated Crimes and Preventive Punishment", Politics and Law, No. 9, 2023.
31. Liu Jun (Member), "The Criminal Law System for Supervising Negligent Behavior in Public Security Governance", Law Science, No. 5, 2023.
32. Liu Jun (Member) and Jiang Xue (Member), "Cross-border Cybercrime Preventive Governance Model and Its Development", Journal of Shanghai University (Philosophy and Social Science Edition), No. 3, 2023.
33. Liu Jun (Member) and Jiang Xue (Member), "How Is It Possible to Attribute the Damage Result to the Supervisor?—— From the Perspective of Public Security Crime Prevention", Journal of Shandong University (Philosophy and Social Science Edition), No. 2, 2023.
34. Yao Jianlong, "Punishment without Teaching: Legislative Reflection on Lowering the Age of Criminal Responsibility", Chinese and Foreign Law Science, No. 5, 2023.
35. Yao Jianlong (Member), "The Trend of Juvenile Justice Reform in Recent Regions and Juvenile Justice Reform in China", Social Scientist, No. 8, 2023.
36. Sun Wanhuai (member), "A "Sweet Illusion": Free Will is the Basis of Criminal Responsibility", Academic Monthly, No. 8, 2023.
37. Sun Wanhuai (Member) and Zhang Wen (Member), "The Local Value, Position Choice, and Certification of the Criminal Case Guidance System", Tsinghua Law Science, No. 5, 2023.
38. Zhao Yunfeng (Member), "Research on "Enough to Seriously Endanger Human Health" in the Crime of Obstructing Drug Administration", Legal Forum, No. 4, 2023.
39. Qian Yeliu (Member): "Identification and Crime Analysis of Victims of Apparent Agency Fraud Cases", Politics and Law, No. 1, 2023.
40. Qian Yeliu (member): "Doctrinal Analysis of the Crime of Aiding Information Network Criminal Activities: Adherence to the Principle of Accomplice Subordination", Chinese and Foreign Law Science, No. 1, 2023.
41. Zhang Wei (Member), "The Doctrinal Development of the Crime of Aiding Information Network Criminal Activities", Comparative Law Studies, No. 1, 2023.
42. Zhang Wei (Member), "The Illegal Judgment of Helping Behavior and the Punishment Boundary of Neutral Help", Dongyue Review, No. 4, 2023.
43. Wei Changdong (Member), "On the Allocation of Supervision Jurisdiction for Job-related Crimes", Law Science, No. 7, 2023.
44. Wei Changdong (Member), "The Legislative System of Bribery Crimes Should Respond to the Modernization of National Governance", Beijing Social Sciences, No. 3, 2023.
45. Du Wenjun (Member), "On the Logic and Path of the Mechanism of Misdemeanor Cases in the Mainland", Journal of East China Normal University (Philosophy and Social Science Edition), No. 5, 2023.
46. Du Wenjun (Member) and Chen Chao (Member): "Reflection and Functional Realization of the Mechanism for Criminalization of Administrative Offenders", Journal of the National Prosecutors College, No. 3, 2023.
47. Du Wenjun (Member) and Chen Chao (Member), "Introduction and Adaptation: The Localization Construction of Natural Punishment Immunity Rules", Academic Monthly, No. 1, 2023.
48. Daniel Zhang (Member): "Redundancy Mechanism of Criminal Governance of Data Security", Journal of Soochow University (Philosophy and Social Science Edition), No. 4, 2023.
49. Daniel Zhang (Member): "Incentive Model of Criminal Governance of Data Security", Henan Social Sciences, No. 4, 2023.
50. Xie Jie (Member), "Practical Deconstruction of the Crime of Misrepresentation in the Securities Market in the Context of the Comprehensive Registration System", Tsinghua Law Science, No. 3, 2023.
51. Du Xiaoli (member), "Research on Legislative Technology for the Crime of Providing False Supporting Documents", Law Science, No. 2, 2023.
52. Fang Huiying (Member): "On the Legal Protection of Artificial Intelligence-Generated Content", Shandong Social Sciences, No. 9, 2023.
53. Fang Huiying (Member): "Criminal Risk and Prevention Strategies of Generative Artificial Intelligence—A Case Study of ChatGPT", Journal of Nanchang University (Humanities and Social Sciences Edition), No. 4, 2023.
54. Fang Huiying (member), "Systematic Research and Three-dimensional Construction of the Criminal Law Model of Data Crimes", Theory and Reform, No. 6, 2023.
55. Fang Huiying (Member), "Criminal Risk and Governance Strategy of ChatGPT-related System", Journal of Chongqing University (Social Science Edition), No. 6, 2023.
56. Fang Huiying (Member), "Theoretical Reflection and Paradigm Construction of the Criminal Governance Model of Environmental Pollution Crimes", Journal of Henan Normal University (Philosophy and Social Science Edition), No. 4, 2023.
57. Fang Huiying (Member), "The Systematic Construction of the "Dual-track + Hierarchical" Governance Mechanism for Data Crimes", Academia, No. 6, 2023.
58. Fang Huiying (Member), "Concrete Investigation and Strategy Optimization of the Criminal Law System of Data Crimes", Ningxia Social Sciences, No. 3, 2023.
59. Lu Yimin (Member): "The Construction of a New Legal Interest in Data Security: Based on the Interactive Relationship between Data and Information", Journal of Soochow University (Philosophy and Social Science Edition), No. 4, 2023.
60. Lin Yujia, "Theoretical Reflection and Optimization of Judicial Interpretation Documents of Stress Criminal Law", Journal of East China University of Political Science and Law, No. 3, 2023.
61. Zhao Yongjun (Member), "On the Possession and Transfer of Data Assets in Property Crimes", Oriental Jurisprudence, No. 3, 2023.
62. Zhao Yongjun (Member), "On the Identification of the Crime of Stealing Digital RMB", Theoretical Exploration, No. 1, 2023.
63. Jiang Taike (Member), "The Theoretical Construction of Criminal Law on the Comparative Rule of Causality", Legal Research, No. 1, 2023.
64. Jiang Taike (Member): "Attribution of Consequences in Cases with Special Constitutions of Victims: The Significance of the Element of Foreseeable Possibility and Its Determination Rules", Politics and Law, No. 7, 2023.
65. Wu Heqi (Member), "Visual Analysis of Environmental Crime Research in Mainland China", Henan Social Sciences, No. 1, 2023.
66. Cui Shixiu (Member): "Criminal Policy Limits and Application of Criminal Law for Acts Impeding Epidemic Prevention and Control", Journal of Guangxi University (Philosophy and Social Science Edition), No. 1, 2023.
67. Liu Chongliang (Member), "An Empirical Study on the Discretionary Model of Probation – A Practical Review Based on 4,238 Judgments on the Crime of Dangerous Driving," Global Law Review, No. 5, 2023.
(4) Publish academic monographs
1. Liu Xianquan (President): Principles of Criminal Law of Financial Crimes (Third Edition), Shanghai People's Publishing House, 2023 edition.
2. Liu Xianquan (President): Research on Financial Fraud, Shanghai People's Publishing House, 2023 edition.
3. Translated by Yu Gaizhi (Vice President), "The Singularity is Approaching: Oncoming Technological Change and the Subject of Jurists", Peking University Press, 2023 edition.
4. Zhang Shaoqian (Vice President): Criminal Law and Daily Life, Shanghai People's Publishing House, 2023 edition.
5. Luo Kaijuan (Director): Practical Interpretation of the Crime of Infringement on Property, Law Press, 2023 edition.
6. Tu Longke (Director): "Transaction Network and Economic Criminal Law Reform", Law Press, 2023 edition.
7. Peng Wenhua (Director): Research on New Rights Crimes and Criminal Law Sanction System, China University of Political Science and Law Press, 2023 edition.
8. Xie Jie (Director) and Ma Hongwei (Member of the Research Society): Securities Compliance: Legal Regulation and Risk Management of Trading Using Undisclosed Information, Law Press, 2023.
9. Yu Jian (Member): Exploration of Trial-Centered Reform of the Criminal Procedure System: A Criminal Judge's Perspective, Peking University Press, 2023.
10. Ren Suxian (Member): Research on the Criminal Law System of Illegal Fundraising in Internet Finance, Peking University Press, 2023 edition.
3. Talent training
1. Liu Xianquan, Lin Yinmao and Yan Li were selected into the Shanghai Legal Expert Advisory Group.
2. Liu Xianquan was awarded the honorary title of "Meritorious Professor of East China University of Political Science and Law".
3. Yu Gaizhi, Sun Wanhuai, and Du Yu were selected into the first batch of Shanghai legal experts.
4. Ma Yinxiang, Wang Siwei, Ye Qi, Zhou Jian, and Yuan Xiaoyu were selected into the Shanghai Youth Legal Talent Pool.
5. Gu Jia, Li Xiaowen, Yu Shuang, Wu Juping, Cao Hua, Zhu Tiejun and Zhou Jian were awarded Shanghai procuratorial experts. 6. Yu Shuang and Zhou Jian won the "First Most Beautiful Prosecutor in Shanghai".
7. Jiang Tao's article "The Substantive Law Construction of Criminal Compliance Non-prosecution of Enterprises in Mainland China" won the first prize of the Excellent Paper Award of the Chinese Society of Criminal Law; Wang Mingming's article "Discussion on Several Views in the Theoretical Research of "Misdemeanors"" and Zhang Jian's article "Criminal Law Adjustment of Malicious Online Registration Behavior from the Perspective of Data Security" won the second prize of the Excellent Paper Award of the Chinese Society of Criminal Law; and Peng Wenhua's article "The Advantages, Concepts and Paths of the Construction of the Criminal Restoration System in the Mainland" won the third prize of the Excellent Paper of the Chinese Society of Criminal Law.
8. Wang Na is responsible for the construction of the course "Chinese Criminal Law" taught by Wang Na into the credit course system of Jindal Global University in India, and provides students with elective study in India. This is the first time that the course of "Chinese Criminal Law" has been included in the curriculum system of Indian universities.
Fourth, the work of party building
The new Criminal Law Research Society has set up a party working group. In 2023, the party's working group will make full use of the party building WeChat group of the research society to continue to promote the "regular learning" system, and organize party members and comrades of the research society to study the party constitution, General Secretary Xi Jinping's important speeches, current affairs, etc., in a timely manner, so as to further consolidate ideological consensus and strengthen faith responsibility.
5. Social services
On March 10, 2023, the Criminal Law Research Association actively responded to the call and relied on the platform of the "Oriental Law Lecture Hall" of the Shanghai Law Society to hold a special academic live broadcast with the theme of "Conscientiously Studying and Implementing the Spirit of the 20th National Congress of the Communist Party of China and Accelerating the Construction of a Criminal Law System for Data Crimes". The number of readings is in the forefront of all research associations, and has achieved good social repercussions.
In July 2023, entrusted by a well-known state-owned enterprise in Shanghai, the Criminal Law Research Association organized experts to conduct legal argumentation on the relevant facts and legal application issues involved in the contract fraud report, and issued the "Expert Argumentation Legal Opinion" to provide legal services for the state-owned enterprise. Accordingly, the Criminal Law Research Association declared the "2023 Chief Legal Consultation Expert Case".