Song Lixiang
Lawyer of Beijing Shangquan Law Firm
Director of Shangquan Academic Research Department
Tianhai
Lawyer of Beijing Shangquan Law Firm
Deputy Director of Shangquan Academic Research Department
Yi Wenjie
Lawyer of Beijing Shangquan Law Firm
Deputy Director of Shangquan Academic Research Department
3. Criminal Procedure Law
jurisdiction
Blue Ocean Fraud Case: How to Determine Trial Jurisdiction in Cases of Economic Contract Fraud by Fax (Episode 1, Case No. 6)
Wang Yan's Embezzlement Case - The Embezzlement Case Was Handled Only by Telling (Episode 1, Case No. 7)
Case of Chen Xiangui Gathering a Crowd to Disrupt Social Order - How to Apply Mainland Law to Pursue Criminal Responsibility for Mainland Citizens Committing Crimes Outside the Territory of the Mainland (Where a Mainland Citizen Committing a Crime Outside the Territory of the Mainland and Pursuing the Criminal Responsibility of the Defendant in accordance with the Criminal Law of the Mainland, How to Determine Trial Jurisdiction?) (Episode 8, Case No. 61)
Shu Yamei and Chen Baohua Copyright Infringement Case - How to Determine the Crime of Copyright Infringement (Can a Criminal Case of Copyright Infringement and Other Intellectual Property Rights Only be Filed by the Victim for Private Prosecution?) (Episode 23, Case No. 146)
Min Guanghui, Ma Zhanlin, and Pali Danmu Maisenmu Drug Trafficking Case: How to Determine the Territorial Jurisdiction of Drug Crime Cases (Case No. 551 of Episode 67)
Shao Chun's Drug Manufacturing Case: How to Determine Jurisdiction and Conduct Evidence Review in Transnational Crime Cases (Episode 75, Case No. 640)
Private Prosecutor Ikuko Hashimoto v. Defendant Hiroshi Hashimoto's Bigamy Case - Jurisdiction of Foreign-Related Bigamy Crimes and the Admission of Extraterritorial Evidence in Criminal Trial (Episode 84, Case No. 748)
Zheng Kai's Case of Illegally Transporting and Selling Precious and Endangered Wildlife Products: How to Accurately Grasp the Sentencing Standards for the Crime of Illegally Transporting and Selling Rare and Endangered Wildlife Products (Is the Investigation Jurisdiction of this Case Lawful?) (Episode 108, Case No. 1178)
Jiang Lixian, Chen Yanhui et al., Case of Obstruction of Drug Administration: Characterization of Production, Import, and Sale of Drugs Carried Out Before the Promulgation of Amendment (11) to the Criminal Law (How to Apply the Principle of Affiliated Jurisdiction to Cases of Online Sales of Counterfeit Drugs?) (Episode 133, Case No. 1492)
avoidance
Zhang Laigou et al. Case of Assembling a Crowd to Disrupt Social Order - Did the procurator act as a defender in a case handled by the procuratorate after leaving office violated the recusal system? What to do if the recusal system is violated (Episode 77, Case No. 662)
Advocacy and representation
Case of Chen's drug trafficking and transportation - How to deal with the case where a lawyer has been retained by two co-defendants who have an interest in the investigation stage and defends one of them during the trial stage (Case No. 733 of Episode 82)
Xie X Robbery Case - If a defender is retained to participate in the first-instance litigation after the conclusion of the first-instance trial, whether the court will allow it and how to determine the criteria for remanding the case for retrial with procedural issues (Episode 91, Case No. 845)
Liu Honggao and Liu Kaigui Drug Trafficking and Transportation Case: How to Understand the Restrictive Provisions on the Prohibition of the Same Defender from Defending Two or More Defendants with Related Criminal Facts (Episode 96, Case No. 954)
evidence
Review and identification of evidence
Wang Yi's Intentional Injury Case: How to Review and Accept Multiple Appraisal Conclusions with Contradictory Conclusions (Episode 26, Case No. 177)
Wang Shengping's Robbery, Rape, and Theft Case: How to Review and Judge the Defendant's Reasons for Retracting His Confession (Episode 41, Case No. 324)
The case of smuggling cultural relics - the smuggling of vertebrate animals and ancient human fossils should be convicted and punished as the crime of smuggling cultural relics, and the smuggling of ancient vertebrates and ancient human fossils other than ancient human fossils cannot be convicted and punished as the crime of smuggling cultural relics (can the appraisal conclusion that does not meet the requirements be used as the basis for the verdict?). (Episode 53, Case No. 416)
Meng Dong and He Likang Theft Case - How to Determine the Validity of Electronic Evidence and the Amount of Theft in Online Theft (Case No. 420 of Episode 53)
He Shuhua's Case of Illegal Practice of Medicine: The Woman Died of Complications During Childbirth, and the Illegal Practitioner of Medicine Should Bear Criminal Responsibility for Her Death (How should the appraisal conclusions made on the basis of the basic facts that cannot be determined be accepted?). (Episode 53, Case No. 421)
Bian Xiuzhu's Robbery Case: How to Review and Judge the Blame-shifting Retraction Confession (Episode 63, Case No. 498)
Wu Jinyi's Intentional Homicide Case - Evidence Review in Cases of Incomplete Extraction of Physical Evidence or Unclear Sources (Episode 70, Case No. 579)
Zhang Shiming's Robbery Case: Probative Determination of the Confession of an Accomplice Not in the Same Case (Episode 71, Case No. 590)
Wang Weixi's Rape Case: On the Admissibility and Exclusion of Flawed Evidence (Episode 85, Case No. 763)
Guangzhou Shunheng Auto Parts Trading Co., Ltd. et al. Smuggling of General Goods: How to Review the Evidentiary Qualifications of Electronic Data in Criminal Cases and How to Determine the Principal and Accessory in the Joint Crime of Smuggling (Case No. 873 of Episode 93)
Fu Dailin's Intentional Injury Case – How to Review the Personal Injury Appraisal Opinion (Episode 95, Case No. 928)
Wang Zhiyu and Qin Qunying's Prostitution Case: Whether the Verbal Evidence Collected in the Process of Administrative Law Enforcement Can Be Directly Used as Criminal Evidence and Whether the Re-collected Verbal Evidence Has Special Procedural Requirements (Episode 97, Case No. 970)
Zheng Kai's Case of Illegally Transporting and Selling Precious and Endangered Wildlife Products – How to Accurately Grasp the Sentencing Standards for the Crime of Illegally Transporting and Selling Rare and Endangered Wildlife Products (How to Review and Judge the Appraisal Opinions of the Wildlife Products Involved in the Case?) (Episode 108, Case No. 1178)
Zhang Guoqun et al.'s Theft Case: Examination of the Price Appraisal Opinion of Calligraphy Works in the Theft Case (Episode 111, Case No. 1215)
Lu Rongxin's Intentional Homicide and Rape Case: How to Review and Identify Evidence in the Second Criminal Trial Procedure (Episode 113, Case No. 1245)
Kang Wenliang's Intentional Homicide Case – How to Review and Judge the Relevance of DNA Identification Opinions and the Defendant's Retraction of Confession (Episode 115, Case No. 1272)
Li Fang's Intentional Injury Case - The Application of Medical Fault Appraisal Opinions in Criminal Proceedings (Episode 125, Case No. 1391)
Yang Yucheng's Bribery Case: How to Determine the Authenticity of Calligraphy and Painting Involved in Duty Crimes (Episode 125, Case No. 1400)
Case of Zhang Yongming, Mao Weiming, and Zhang Lu Intentionally Destroying Places of Interest and Historic Sites: Whether Expert Opinions Can Be Used as a Reference for Conviction and Sentencing in the Absence of a Statutory Judicial Appraisal Agency (Episode 128, Case No. 1427)
Qin Lei's Rape and Child Molestation Case: The Admission of Evidence in the Case of Sexual Assault on Minors and the Determination of Relevant Sentencing Circumstances (Episode 129, Case No. 1437)
Tao Sugen's Case of Accepting Bribes, Abuse of Power, Bending the Law for Personal Gain, and Insider Trading: Review and Judgment of the Report on the Determination of Housing Prices in the Crime of Accepting Bribes in the Form of Housing Transactions (Case No. 1491 of Episode 132)
Li Mouchang et al. Drug Trafficking and Transportation Case - Transfer and Verification of Technical Investigation Evidence in Major Drug Crime Cases (Case No. 1522 in Episode 134)
Zuo's Child Molestation Case - Review and Judgment of Evidence in Criminal Cases of Sexual Assault against Minors (Episode 139, Case No. 1585)
The issue of proof standards
Wang's Intentional Homicide Case - How to Understand "Insufficient Evidence" in Article 162 (3) of the Criminal Procedure Law (Episode 44, Case No. 343)
Chen's Rape Case - How to Grasp the Standard of Proof of "Credible and Sufficient Evidence" in a Rape Case (Case No. 396 of Episode 50)
Yu Huaping and Yu Houcheng Accused of Intentional Homicide - How to Grasp the Standard of Proof of Credible and Sufficient Evidence in Intentional Homicide Cases (Episode 57, Case No. 449)
Zhu's Intentional Homicide and Theft Case: How to Grasp the Standard of Proof in a Death Penalty Case (Episode 77, Case No. 655)
Luo's Intentional Homicide and Arson Case: How to Grasp the Standard of Proof of "Credible and Sufficient Evidence" in Handling Death Penalty Cases (Episode 79, Case No. 682)
Su Guanghu's Intentional Homicide Case: How to Grasp the Verdict Standard of "Credible and Sufficient Evidence" in Death Penalty Cases (Episode 85, Case No. 762)
Hu Jianming's Robbery Case – How to Eliminate Reasonable Doubt When the Defendant Retracts His Confession (Episode 86, Case No. 778)
Zheng Futian and Fu Bing's Robbery Case: How to Grasp the Standard of Proof of "Credible and Sufficient Evidence" in Joint Criminal Cases (Episode 86, Case No. 779)
Huang Youqiang's Corruption Case: How to Judge Whether the Evidence in the Case Is Credible and Sufficient in the Case of Contradictions in Different Evidence (Case No. 871, Episode 92)
Du's Intentional Homicide Case - How to Grasp the "Synthesis of All Evidence in the Case and Elimination of Reasonable Doubt on the Facts Ascertained" (How to Handle Cases Where There Are Reasonable Doubts about the Facts of the Case) (Case No. 877 of Episode 93)
Huang's Intentional Homicide Case - How to Determine Whether the Evidence Meets the Standard of "Credible and Sufficient" in Intentional Homicide Cases and What Is the Exemplary Significance of Issuing a Not Guilty Verdict in Accordance with Law in Cases Where the Death Penalty May Be Imposed on Criminal Trial Work (Episode 93, Case No. 878)
Case of Yuan's Robbery and Destruction of Power Equipment: How to Grasp the Subjective and Objective Unity of the Standard of Proof in Criminal Proceedings (Case No. 1008 of Episode 99)
Li Mengjie and Liu Hui Drug Trafficking Case: Whether the Determination of Meritorious Service and Other Mitigating Punishment Facts Should Be Subject to the Strict Standard of Proof or the Preponderance Standard of Proof (Episode 100, Case No. 1035)
Ren Hailing's Intentional Homicide Case: How to Grasp the Criteria for Determining "Suspected Crime" (Episode 102, Case No. 1058)
Shen Haiping's bribery case: How to grasp the standard of proof of evidence submitted by the defense and review the relevant evidence, and how to determine the amount of bribes accepted after intentionally and illegally accepting property from others and then returning part of the money (Case No. 1151 of Episode 106)
Yu Kunfeng Traffic Accident Case: How to Understand and Grasp the Standard of Proof of Conclusive and Sufficient Evidence in a Case of Voluntary Surrender and Guilty Plea (Case No. 1334 of Episode 122)
Zuo's Child Molestation Case - Review and Judgment of Evidence in Criminal Cases of Sexual Assault against Minors (Episode 139, Case No. 1585)
Comprehensive review and use of evidence
Yang Fei's Intentional Homicide Case: How to Use Circumstantial Evidence to Decide a Case in a Case Where the Defendant Refused to Plead Guilty and Had No Eyewitnesses (Episode 65, Case No. 512)
Hu Yuanzhong's Case of Transporting Drugs: How to Use Circumstantial Evidence to Decide a Case Where People and Goods Are Separated and the Defendant Refuses to Plead Guilty (Episode 67, Case No. 552)
Li Ling, Wang Junya, et al., Case of Trafficking and Transporting Drugs, Illegally Buying and Selling Firearms, and Transporting Ammunition -- How to Determine the Facts of the Crime Where the Defendant Pleads Not Guilty After Arriving at the Case (Episode 67, Case No. 553)
Yang Shumin's Intentional Homicide Case - How to Decide a Case Based on the Confession Relationship When the Defendant Retracts His Confession (Episode 72, Case No. 599)
Xie Huaiqing et al. Case of Drug Trafficking and Transportation - How to Determine the Facts of the Case Where the Defendants in a Case of Joint Drug Crime Have Retracted Their Confessions Successively (Episode 72, Case No. 605)
Chen Naidong's Intentional Homicide Case: How to Use Circumstantial Evidence to Settle the Case of "Zero Confession" (Episode 77, Case No. 654)
Chen Yajun's Intentional Injury Case - Where Direct Verbal Evidence Is Isolated Evidence, and Other Circumstantial Evidence Cannot Form a Complete Chain of Evidence, a Not Guilty Verdict Should Be Rendered in Accordance with Law (Episode 77, Case No. 656)
Xu Ke's Intentional Homicide and Rape Case: How to Review and Judge the Defendant's Retraction and Justification, and How to Determine the Facts of the Case in Combination with the Defendant's Pretrial Confession (Episode 82, Case No. 729)
Yan Pengrong's Intentional Homicide and Robbery Case - A Case in which the Key Evidence Is Doubtful and Cannot Be Ruled Out of Reasonable Doubt Should Be Acquitted (Episode 83, Case No. 738)
Wang Jiusheng's Robbery Case: How to Determine the Motive of the Defendant Based on the Evidence in the Case if the Defendant Did Not Truthfully Confess (Episode 89, Case No. 817)
Zhang Wenming's Intentional Homicide Case - How to Use Circumstantial Evidence to Determine the Fact that the Traffic Perpetrator Abandoned the Victim After Taking the Victim Away from the Accident Scene and Causing the Victim's Death, and How to Examine Whether the Defendant's New Defense Argument Was Valid in Combination with the Evidence in the Case (Episode 94, Case No. 912)
Qu Zhenwu and Hu Yinghui's Intentional Homicide Case - How to Determine the Facts of the Crime of Hiring a Murderer if the Hired Murderer Did Not Directly Commit the Homicide and Retracted His Confession and Denied the Crime (Episode 95, Case No. 921)
Hu's Intentional Homicide and Rape Case – Cases in which there is no clear evidence other than a confession, and the confession is unstable and contradicts other evidence, and a guilty verdict cannot be rendered (Episode 95, Case No. 927)
Wang XX's Rape Case - How to Review and Judge the Evidence in a Case of Sexual Assault of a Mentally Disabled Underage Girl Who Has No Victim's Statement or Extracted Physical Evidence Directly Pointing to the Defendant's Rape and the Defendant Retracts His Confession (Episode 98, Case No. 982)
Wang Moumou's Intentional Injury Case - How to Use Circumstantial Evidence to Determine the Case of the Defendant's Denial of Crime (Episode 111, Case No. 1213)
Jin Jianwei's Case of Intentional Homicide, Robbery, and Illegal Invasion of a Residence: How to Rule Out the Possibility of Other Persons Participating in the Crime by Detecting a Third Person's DNA from the Crime Scene (Episode 114, Case No. 1255)
Gao Youming's Robbery Case - Where highly concealed physical evidence is extracted based on the defendant's confession and identification, and corroborates with other evidence, and the possibility of collusion, extortion of confession, or inducement of confession is excluded, he may be found guilty (Episode 114, Case No. 1262)
Liang's Rape Case - How to Use Evidence to Determine the Boundary Between Rape Crime and Non-Crime Between Acquaintances (Episode 122, Case No. 1339)
Li Ersheng's Intentional Homicide Case: Review and Judgment of the Defendant in a Death Penalty Case Retracting His Confession and Lack of Objective Evidence (Episode 124, Case No. 1366)
Zhu Xiaodong's Intentional Homicide Case - How to Review and Judge the Evidence Where There Is Evidence Pointing to Premeditated Murder but the Defendant Denies It (Episode 124, Case No. 1367)
Liu Deming's Intentional Homicide Case - How to Determine the Facts of the Crime in Cases Where Objective Evidence Lacks (Episode 125, Case No. 1390)
Zhu Jiguo's Theft Case: Key Points of Review and Use of Evidence in the Case of "Zero Confession" Without Direct Evidence (Episode 125, Case No. 1392)
Liang XX Rape Case - How to Review and Judge the Evidence Where the Direct Evidence in a Rape Case Is "One-to-One" and the Defendant Refuses to Confess (Episode 137, Case No. 1548)
Exclusion of Illegal Evidence
Liu Xiaopeng and Luo Yongquan Drug Trafficking Case: How to Grasp the Criteria and Exclusion Procedures for Illegal Verbal Evidence (Case No. 869 in Episode 92)
Wen's Case of Illegal Drug Possession - How to Review and Determine Whether There Was a Situation of Collecting Evidence by Torture and Other Illegal Methods, and Whether Unstable Confessions of Guilt Obtained by Extorting Confessions by Torture in the Investigation Stage Should Be Excluded in the Review and Prosecution Stage (Case No. 1038 in Episode 101)
Li Zhizhou's Drug Transport Case: How to Grasp the Proof Standard of the Legality of Evidence Collection and the Handling of the Case after the Exclusion of Illegal Evidence (Episode 101, Case No. 1039)
Yin's bribery case: How to review the legality of the defendant's confessions made during different stages of the investigation (Episode 101, Case No. 1040)
Zheng Zuwen's Case of Corruption, Bribery and Abuse of Power: How to Deal with Defendants' Confessions Collected by Threats and How to Accept "Repeated Confessions" in Judicial Practice (Episode 106, Case No. 1140)
Wu Yi and Zhu Beiya's Corruption Case: Whether the Defendant's Confession Obtained by the Investigation Agency through Fatigue Interrogation Is Illegal Evidence and Whether the Exclusion of Illegal Evidence Has an Impact on the Sentencing Facts (Episode 106, Case No. 1141)
Zheng Jianchang's Intentional Homicide Case – How Should the Court Review and Handle the Defendant's Request for the Exclusion of Illegal Evidence (Episode 108, Case No. 1164)
Huang Jindong's bribery and Chen Yujun's bribery case: Can the confession obtained during the period of unlawful restriction of the defendant's personal liberty be used as evidence in litigation (Episode 108, Case No. 1165)
Wang Ping's Bribery Case: How to Judge the Evidentiary Capacity of Interrogation Records in Combination with the Examination of Audio and Video Recordings of Interrogations, and How to Grasp the Criteria for Determining Fatigue Interrogation in Cases with Only Partial Interrogation Recordings (Episode 108, Case No. 1166)
Huang Zhijian et al., Case of Drug Trafficking and Transportation: The Court of Second Instance Finds After Examination that the Evidence on which the Original Judgment Based is Illegal Evidence, and What Should Be Handled After Excluding Relevant Evidence in Accordance with Law (Case No. 1167, Episode 108)
Yang Zenglong's Intentional Homicide Case: How the Defendant Applied for the Exclusion of Illegal Evidence, How to Grasp the Burden of Proof of the Legality of Evidence Collection, and How the Court of Second Instance Implemented the Principle of Never Guilty in Case of Doubt (Episode 108, Case No. 1168)
Li Jixuan et al., Drug Trafficking and Transportation Case: How to Review and Handle Cases in which the Defendant Pleaded Guilty in the First-Instance Trial and Had No Objection to His Pre-Trial Confession of Guilt, and Raised Evidence Illegally Obtained During the Second-Instance Trial (Episode 113, Case No. 1249)
Li Ruihua's Theft Case - How to Review the Defendant's Application for Exclusion of Illegal Evidence and the Victim's Identification of the Items Involved in the Case (Episode 130, Case No. 1458)
Miscellaneous questions
Wang Xueling's Intentional Injury Case – New Evidence Obtained by the Court Shall Not Be Used as the Basis for a Verdict Without Cross-examination at Trial (Episode 34, Case No. 260)
Yan Jing's Acquisition of Stolen Goods: The Application of the Presumption Rule in Criminal Proceedings, and the Handling of Cases of "Two Crimes in Doubt" (Episode 34, Case No. 265)
He Yongguo Robbery Case: How to Cross the Evidence Accepted in the Effective Judgment of the Accomplice First When the Defendant Arrives in the Case after the Trial of a Joint Crime Case (Episode 63, Case No. 497)
Cun Yuexian Robbery Case: How to Effectively Implement the Principle of Evidence-based Adjudication in Death Penalty Cases (Episode 69, Case No. 572)
Shen Ronghuan Contract Fraud Case - Review and Determination of Foreign Evidence in Foreign-related Criminal Cases (Episode 70, Case No. 578)
He Dengping's Robbery Case: Can Evidence That Has Been Cross-Examined at the Original Trial Trial, but Has Not Been Re-Presented and Cross-examined at the Retrial Stage, Be Used as Evidence in a Verdict (Episode 79, Case No. 686)
Fan Yonghong, Han Yafei et al. Case of Robbery and Theft of Firearms: How to Deal with the Evidence Discovered to be Problematic in Trial and Cross-Examination after Trial or in the Review Stage (Case No. 816 of Episode 89)
Fan Yulang et al. Fraud Case: The Distinction of Criminal Liability of Various Actors in a Criminal Group Operated by a Corporatized Corporation: (How to Review and Judge Taiwan-related Criminal Evidence?) (Episode 96, Case No. 949)
Abduspur Turdibako et al. Case of Intentional Homicide, Robbery, Intentional Injury, and Intentional Destruction of Property - How to Grasp the Standard of Evidence in Handling Cases of Serious Violent Terrorist Crimes (Episode 112, Case No. 1221)
Incidental Civil Actions
Liu Hai Traffic Accident - Whether Employers Should Be Jointly and Severally Liable for Damages Caused by Their Employees' Non-Duty Acts (Episode 4, Case No. 25)
Yu Jingsen's Intentional Injury Case – How to Determine the Scope of Attached Civil Litigation Cases, the Parties, and the Scope and Amount of Civil Compensation (Episode 4, Case No. 26)
Li Ping's case of embezzlement and misappropriation of public funds: Can an attached civil lawsuit be filed for the property loss directly caused by the criminal act of corruption or misappropriation (Can an attached civil lawsuit be filed for the property loss directly caused by the criminal act of corruption and misappropriation?) (Episode 11, Case No. 79)
Jiang Zhihua's Intentional Injury Case: How to Characterize the Injury Caused by Using Violent Means to Demand Debts from the Debtor's Relatives (Can Mental Losses Be Included in the Scope of Compensation in Civil Litigation Attached to Criminal Cases?) (Episode 14, Case No. 90)
Chen Yue and Shao's bigamy case - Whether the material losses suffered by the self-investigation of the crime of bigamy should be subject to attached civil compensation (Episode 22, Case No. 141)
Liu v. Jiang, a case of intentional injury: How to determine the circumstances of voluntary surrender in a private prosecution case (can an attached civil lawsuit be filed for mental damage?) (Episode 25, Case No. 172)
Liu Guofang et al. Fraud Case - How to Convict and Sentense the Behavior of Using False Identity Documents to Go Through Network Access Procedures and Using Mobile Phones to Make Calls to International Voice Stations in order to Obtain Rebate Fees (Can a Telecom Company File an Attached Civil Lawsuit for the Loss of Telecom Charges Caused by the Defendant's Above-mentioned Conduct?) (Episode 26, Case No. 185)
Yang An et al. Intentional Injury Case - How to Convict a Person Who Picks Quarrels and Provokes Troubles and Arbitrarily Assaults Others, Causing Serious Injury or Death (Should Death Compensation Be Paid in Attached Civil Litigation?) Can part of the civil compensation paid in advance by the relevant departments be deducted from the judgment? (Episode 30, Case No. 225)
Cao Zhanbao's Rape Case – How to Understand Rape "Causing Serious Injury, Death or Other Serious Consequences to the Victim" and Whether an Attached Civil Lawsuit Can Be Filed in This Case (If the rape causes the victim to commit suicide, can the victim's relatives file an attached civil lawsuit?) (Episode 30, Case No. 228)
Song Jihua Traffic Accident Case - Trial of Incidental Civil Litigation Case in which the Victim Died as a Criminal Result, and Death Compensation (Death Compensation) Should Be Awarded (Episode 40, Case No. 314)
Li Hongqian's Intentional Homicide Case: The People's Court Should Implement the Principle of Full Compensation in Judgment of Compensation in Attached Civil Litigation Cases (Episode 44, Case No. 341)
Geng Wanhong's Intentional Injury Case - Whether a person with limited or no capacity for civil conduct can independently participate in an attached civil lawsuit; Whether the guardian of a person with limited or no capacity for civil conduct should be listed as a co-defendant in an attached civil lawsuit (Case No. 348 of Episode 44)
Gao Yong's Intentional Injury Case - If a staff member of a legal person or other organization causes injury in the course of performing his duties, the legal person or organization shall bear civil liability (Case No. 371 of Episode 47)
Ma Liangsheng's Intentional Injury Case – Whether an Employer Should Be Jointly and Severally Liable for Damages Caused by an Employee's Conduct in the Conduct of Employment Activities (Episode 49, Case No. 390)
Daniel Zhang's Intentional Injury Case - How to Calculate the Statute of Limitations for the Civil Part of a Criminal Incidental Civil Litigation Case (Case No. 418 of Episode 53)
Cheng Wengang et al., Intentional Injury Case - How to Deal with the Mediation Agreement Reached by the Plaintiff in the Attached Civil Litigation in a Joint Crime Case (Episode 65, Case No. 513)
Yao Naijun et al. Case of Illegal Practice of Medicine: Private Prosecution Cases Attached to Criminal Cases with Insufficient Criminal Evidence Can Be Directly Dismissed Without Hearing (Episode 68, Case No. 561)
Case of Zhou Kaizhang et al. Organizing the Sale of Human Organs: How to Determine the Defendant's Incidental Civil Liability in a Criminal Case of Obtaining the Victim's Promise (Case No. 1060, Episode 102)
Ma Moumou's Intentional Homicide Case - Several Issues Concerning the Participation of Persons with Restricted Civil Capacity and Persons Without Civil Capacity in Criminal Attached Civil Litigation (Case No. 1123 of Episode 105)
Pang Yihun et al., Case of Intentional Injury: How to deal with the case after the plaintiff in the attached civil lawsuit withdrew the lawsuit against some of the defendants due to compensation, and the remaining defendants should still bear the liability for compensation (Episode 108, Case No. 1171)
Zhang Zhengwei's Environmental Pollution Case: Issues Concerning Criminal Attached Civil Public Interest Litigation in Environmental Pollution Crime Cases (Case No. 1289 in Episode 117)
Liao Junzhao's Intentional Injury Case – If a helper who provides labor services without compensation intentionally injures a person in the process of helping, resulting in death, the helpee shall be liable for compensation (Case No. 1416 of Episode 128)
Xu Mouyi's Case of Infringement of the Reputation and Honor of Heroes and Martyrs - Accurate Determination and Connection of Criminal and Civil Responsibility for Infringement of the Reputation and Honor of Heroes and Martyrs (Episode 134, Case No. 1516)
Case of Yang Mouge's Sale of Toxic and Harmful Food: Application of Punitive Damages in Civil Food Public Interest Litigation Attached to Criminal Cases (Case No. 1538 of Episodes 135 and 136)
Case of Ji Mou Award's Production and Sale of Toxic and Harmful Food: Identification of Toxic and Harmful Non-food Raw Materials and Application of Punitive Damages in Civil Public Interest Litigation Attached to Criminal Crimes Endangering Food Safety (Case No. 1540 of Episodes 135 and 136)
Case of Pan's Sale of Counterfeit Drugs - Characterization of the Use of Normal Saline to Counterfeit HPV Vaccine and Determination of Liability for Compensation in Attached Civil Public Interest Litigation (Case No. 1561 of Episode 138)
The court changed the facts and the charges
Zhao Xiangzhong Project Major Safety Accident Case - Can the People's Court Change the Charges for Conviction and Sentence (Episode 6, Case No. 39)
Li Yima drug trafficking case - how to use evidence to convict and sentence the defendant who refuses to admit guilt (can the crime determined by the court judgment be different from the charge charged, and can it be heavier than the charge charged?) (Episode 7, Case No. 54)
Yao Jianlin's bill fraud case - whether the crime of bill fraud is a crime for the purpose of illegal possession (during the trial, how to deal with the defendant's or defender's application for re-appraisal?) (Episode 23, Case No. 145)
Cao Zhanbao's Rape Case: How to understand that rape "causes serious injury, death or other serious consequences to the victim" and whether an attached civil lawsuit can be filed in this regard (how should the people's court deal with the facts that have not been prosecuted during the trial of a public prosecution case?) (Episode 30, Case No. 228)
Zhu Jiuping's Case of Endangering Public Safety by Dangerous Means: Can the People's Court Directly Change the Alleged Misdemeanor to a Felony if the Facts Found to Be Consistent with the Alleged Facts (Episode 40, Case No. 319)
Li Ran's case of picking quarrels and provoking troubles - how should the court handle the charges against the public prosecution organ in terms of procedure? (Episode 87, Case No. 798)
Xu Qiang et al. Illegal Detention Case: How to Characterize the Conduct of Claiming Gambling Funds by Depriving Others of Their Personal Liberty, Whether the Public Prosecution Charges Misdemeanors, Whether the Court Can Change Them to Felonies, and How to Deal with Them in the Second Instance if the Court of First Instance Changed the Misdemeanor Charges Charged by the Public Prosecution to a Felony (Case No. 946 in Episode 96)
Qin Dianzhi's case of intentional homicide, intentional injury, arson, robbery, and theft - how to determine that the perpetrator committed a series of related criminal acts in a short period of time (if the facts determined by the people's court are consistent with the facts alleged by the public prosecution, can the charges be changed?) (Episode 112, Case No. 1222)
Hu Zongyou and Li Zhongda's case of organizing prostitution - Can a prostitute killed by a prostitute be found to be a "serious circumstance" of the crime of organizing prostitution (when the charges charged by the public prosecution and the charges determined by the people's court are inconsistent, how should the people's court handle it?). (Where a people's court discovers new facts during trial, how should it handle them?) (Episode 117, Case No. 1291)
Wang Hao's Fundraising Fraud Case - Rules for Handling Public Prosecutors' Opinions Inconsistent with the Indictment in Court (Case No. 1452 of Episode 130)
Private prosecution cases
Pan Ruling Intentional Injury Case – How Should the People's Court Handle the Case of Public Prosecution to Private Prosecution (Episode 40, Case No. 317)
Chen Jinquan's Intentional Homicide Case - Can an Intentional Homicide Case Be Directly Accepted by the People's Court as a Private Prosecution Case (Episode 66, Case No. 523)
Li Fu's Theft Case - What Should Be Done If It Is Discovered After the Trial Is a Private Prosecution Case (Case No. 558 in Episode 68)
Yao Naijun et al. Case of Illegal Practice of Medicine: A private prosecution case attached to a criminal case with insufficient evidence may be directly dismissed without a court hearing (after a criminal private prosecution case is filed, can the private prosecutor's lawsuit be directly dismissed without a court trial?) (Episode 68, Case No. 561)
Liu Zhenshui's Embezzlement Case - Private Criminal Prosecution Cases Involving the Public Can Be Consolidated for Trial (Episode 69, Case No. 573)
Trial of criminal cases committed by units
Shen Ronghuan's Contract Fraud Case - Review and Determination of Foreign Evidence in Foreign-related Criminal Cases (For cases that should be recognized as crimes committed by units, how should the court handle cases where the procuratorate only prosecutes the responsible persons in the unit?) (Episode 70, Case No. 578)
A Food Co., Ltd. Smuggling General Goods and Articles Case - The Legal Representative Was Determined to Be the Directly Responsible Person in Charge of the Unit's Crime and Must Not Serve as the Defendant's Litigation Representative (Case No. 1562 in Episode 138)
Plea issues
Huang Laizhu Traffic Accident Case: How to Grasp the Application of the Plea Leniency System in Cases Involving Complex Factors and Great Social Impact (Episode 127, Case No. 1403)
Cheng Qianfa's Dangerous Driving Case: How to Make Full Use of Expedited Procedures in Handling Drunk Driving Cases in Accordance with the Law (Episode 127, Case No. 1404)
Intentional Injury Cases of Luo Fa Chi and Luo Fa Gao - How to Apply the Plea Leniency System in Cases Caused by Civil Conflicts (Episode 127, Case No. 1405)
Ma Hefei's Theft Case - How to Apply the Plea Leniency System in Misdemeanor Cases (Episode 127, Case No. 1406)
Liu Zhengmin and Ma Wukai Intentional Destruction of Property Case – Where the People's Court recommends adjusting the sentencing recommendation, but the public prosecution organ does not do so, the People's Court shall promptly make a judgment in accordance with law (Case No. 1407, Episode 127)
Duan Hongan's Obstruction of Public Affairs: How to Accurately Understand and Apply Article 45 of the Guiding Opinions of the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, Ministry of State Security, and Ministry of Justice on the Application of the Plea Leniency System (Episode 127, Case No. 1408)
Su Guihua's Opening of a Casino: How to Review the Sentencing Recommendation in a Plea Case and How the Court of Second Instance Handled the Procuratorate's Protest Filed by the Court of First Instance for Not Recommending the Adjustment of the Sentencing Recommendation (Episode 127, Case No. 1409)
Yu Minmin's Refusal to Enforce a Judgment: How to Grasp the Conditions for the Application of the Plea Leniency System (Episode 127, Case No. 1410)
Zhang Yongli's Case of Selling Entry and Exit Documents—The Standard of Proof in the Case Is Not Lowered Because the Defendant Pleads Guilty and Accepts Punishment (Episode 127, Case No. 1411)
Yang Haoran's Drug Trafficking Case: Whether the Defendant's Appeal on the Grounds of Excessive Sentencing in a Plea Case Affects the Determination of the Circumstances of the Original Plea (Episode 127, Case No. 1412)
Wu Chunlan and Lu Changxue's Case of Allowing Prostitution: How to Correctly Grasp the Spirit of Criminal Evaluation of "Early Confession is Better Than Late Confession" (Episode 127, Case No. 1413)
Wang Jian's Bribery Case: How to Grasp the Circumstances of "Accepting Punishment" in the Plea Leniency System (Episode 127, Case No. 1414)
Sun Huizhong's Case of Endangering Public Safety by Dangerous Methods - Handling of Charges in Plea Cases When the Charges Inconsistent with the Charges Determined at Trial (Episode 130, Case No. 1449)
Case of Jiang XX Negligently Causing Serious Injury - Can the People's Court Actively Apply the Plea Leniency System (Episode 139, Case No. 1584)
Issues related to the second-instance trial procedure
Su Yulu's Embezzlement of Public Funds Case - How to Apply the Law in the Case of Acquittal in the Second Instance (Episode 2, Case No. 13)
Yang Qinglong's Rape and Robbery Case: Whether the Procuratorate's Oral Protest within the Statutory Time Limit and the Written Protest Submitted after the Statutory Time Limit Are Valid (Episode 24, Case No. 154)
Li Lin's Intentional Homicide Case: Can the Court of Second Instance Accept the Prosecutor's Counter-Appeal Opinion Submitted by the Procurator Who Appeared in Court to Support the Protest Beyond the Scope of the Protest (Episode 30, Case No. 222)
Wang Jianhui, Wang Xiaoqiang, and other cases of intentional homicide and robbery - how to distinguish the sentencing of multiple principal offenders who jointly intentionally killed a person (during the second instance, the higher-level public prosecution organ puts forward an opinion different from that of the lower-level public prosecution organ, how does the court handle it?) (Episode 48, Case No. 380)
Gong Wenbin et al. Robbery and Drug Trafficking Cases - How to Characterize the Use of Violent Means to Obtain Property After the Fraud Failed (After changing the first-instance conviction, in cases where the sentence imposed is unusually light, or where an additional penalty should be applied but is not applied, can the second-instance trial revoke the first-instance judgment and directly increase the defendant's punishment?) (Episode 70, Case No. 581)
Case of Robbery, Theft, Cover-up, and Concealment of Criminal Proceeds by Sun Chao et al.—How to Handle Cases Where the People's Procuratorate at the Level Above Adds Targets to Procuratorial Counter-Appeal When Supporting a Procuratorial Counter-Appeal After the Expiration of the Time Limit for Procuratorial Counter-Appeal (Episode 85, Case No. 765)
Bu Yibing's case of false declaration of registered capital - how to characterize the act of entrusting others to advance funds on behalf of the company to defraud the company's registration? (Can the amount of the fine be increased when the first-instance sentence is fixed-term imprisonment and a fine, and the second-instance judgment is changed to a single fine?) (Episode 86, Case No. 774)
Qiu Chuijiang Rape Case – After the acquittal was pronounced in the first instance, if the procuratorate raises a protest and provides new evidence that has a major impact on the conviction, the second-instance trial must not directly change the verdict to the guilty (Episode 90, Case No. 833)
Wang Xin et al.'s cases of rape, picking quarrels and provoking trouble, intentional injury, and robbery - where gang rape of underage girls is to be applied at the same time, whether the aggravating circumstances of gang rape and aggravating the underage girl are applied at the same time; how sentencing should be regulated for defendants with multiple sentencing circumstances; If there is no protest and the defendant is remanded for retrial due to procedural violations, can the punishment of the defendant be increased (Case No. 843 of Episode 91)
Xie X Robbery Case - If a defender is retained to participate in the first-instance litigation after the conclusion of the first-instance trial, whether the court will allow it and how to determine the criteria for remanding the case for retrial with procedural issues (Episode 91, Case No. 845)
Yin Bin's Case of Intentional Homicide and Forcible Indecency with a Woman – How to Handle a Defendant Sentenced to Death Who Applies to Withdraw an Appeal After the Expiration of the Appeal Period (Episode 95, Case No. 922)
Xu Qiang et al. Illegal Detention Case: How to Characterize the Conduct of Claiming Gambling Funds by Depriving Others of Their Personal Liberty, Whether the Public Prosecution Charges Misdemeanors, Whether the Court Can Change Them to Felonies, and How to Deal with Them in the Second Instance if the Court of First Instance Changed the Misdemeanor Charges Charged by the Public Prosecution to a Felony (Case No. 946 in Episode 96)
Tashi Jieshen et al., Intentional Homicide, Illegal Possession of Firearms, and Harboring Cases: How to Handle the Appellant's Escape During the Second Instance and Only the Defendant in the Original Trial Was Present (Episode 99, Case No. 1004)
Case of Intentional Homicide and Intentional Injury by Li -- In a criminal attached civil litigation case in which the defendant was sentenced to a suspended death sentence in the first instance, and only the plaintiff in the attached civil lawsuit appealed, what procedures should be applied to the criminal part of the trial (Episode 100, Case No. 1023)
Zhong Zhaogui, Wu Siyun et al., Intentional Injury Case: Where the original judgment commuted the punishment because the defendant was wrongly determined to have voluntarily surrendered or made meritorious contributions, can the defendant's punishment be increased on this basis after the retrial and correction (Episode 100, Case No. 1025)
Zhao Ming's Case of Embezzlement and Embezzlement of Public Funds - Understanding and Application of the Principle of Determination and Appeal of the Principle of Non-Increasing Punishment for Multiple Crimes by Means of False Expenditure and Appeal (Case No. 1088, Episode 103)
Zeng Mouping's Drug Trafficking and Transportation Case - In an Appeal Case, Can the Second Instance Trial and Confirm the Criminal Facts Alleged by the Public Prosecution but Not Confirmed in the First Instance (Episode 105, Case No. 1131)
Fei Mingqiang and He Gang Robbery Case: Whether the Second Instance Trial Case's Decision to Enforce the Sentence for Several Crimes in the Original Judgment Violated the Principle of Not Increasing the Sentence on Appeal (Case No. 1263 in Episode 114)
Hu Zongyou and Li Zhongda's case of organizing prostitution - Can a prostitute killed by a prostitute be found to be a "serious circumstance" of the crime of organizing prostitution (how should the court of second instance deal with the aggravating circumstances that were not recognized in the first-instance judgment?) (Episode 117, Case No. 1291)
Li Qun's bribery case - can the act of accepting another person's house renovation for a long time without payment and without payment be found to be bribery (where the defendant pleaded guilty in the first instance and received a light sentence, but retracted his confession in the second instance, how to deal with it?) (Episode 122, Case No. 1352)
Death penalty review procedures
Miao Zhenjing Robbery Case - How to deal with the facts of his joint crime with others that the defendant confessed before he was executed before he was executed (Episode 30, Case No. 230)
Fan Changping Robbery and Theft Case - Whether it is necessary to re-approve the execution of a death sentence with a two-year reprieve, if it is found that the crime was omitted during the suspension of the death penalty and the sentence is still decided to be carried out with a two-year reprieve.
Lu Shengyi's intentional homicide case – If the Supreme Court finds that the facts found in the original judgment are clear and the sentence is appropriate, but the conviction is not accurate, it can directly change the verdict and approve the death penalty (Episode 58, Case No. 458)
Wang Chunhong, Xu Man, et al. Robbery Case: How to Deal with the Second-Instance Court's Deprivation of the Defendant's Right to Appeal in the Death Penalty Review Procedure (Episode 114, Case No. 1262)
Zhang Mouwen's Robbery and Robbery Case - How to Handle Cases Where Facts Identified by the First and Second Instance Trials in the Death Penalty Review Procedure Were Erroneously Determined on the Defendant's Identity and Whether He Constituted a Recidivist (Episode 122, Case No. 1340)
Trial Supervision Procedures
Zhu and Lu's Counterfeiting of Registered Trademarks - The Application of a Suspended Sentence to a Defendant Who Meets the Statutory Requirements Cannot Be a Ground for Retrial (What Conditions Should Be Met for Initiating a Trial Supervision Procedure?) (Episode 9, Case No. 65)
Wang Xiumin's intentional homicide case - the co-offenders were prosecuted separately after being brought into the case, can the court combine the cases for trial (does changing the death sentence of the defendant Wang Xiumin to death in accordance with the trial supervision procedures violate the principle of not increasing the sentence in the retrial?) (Episode 122, Case No. 1338)
execute
Wu Kongcheng Theft Case - How to Calculate the Unexecuted Sentence for Recidivism During Medical Parole (Episode 62, Case No. 493)
Wu Xiulong et al. Drug Trafficking Case - How to Deal with Detention Centers or Prisons Refusing to Take Prisoners into Custody Who Are Seriously Ill but Do Not Meet the Criteria for Temporary Execution of Sentences Outside of Prison (Episode 87, Case No. 799)
Sha Xuemin's Case of Accommodating Others to Take Drugs: How to Calculate the Remaining Sentence for the Previous Crime When He Was Caught Committing a New Crime While Temporarily Serving His Sentence Outside of Prison (Episode 103, Case No. 1085)
Pan Guangrong and Lai Ming's Robbery Case - How to Calculate the Remaining Sentence for Crimes Committed Again after the Expiration of the Medical Parole Period (Episode 105, Case No. 1127)
Chen Chunlian's Drug Trafficking Case: Whether the Detention Date Can Be Credited to the Sentence When the Previously Detained Act and the Final Conviction Offence Are Not the Same Act (Episode 115, Case No. 1280)
Procedures for confiscation of unlawful gains in cases where criminal suspects or defendants have fled or died
Case of confiscation of Yao Sheng's illegal gains: Trial procedures for the case of confiscation of illegal gains in the case of the death of a criminal suspect or defendant, the preparation method of relevant legal documents and the titles in the documents (Case No. 975 of Episode 97)
Ren Runhou's Application for Confiscation of Illegal Gains from Bribery, Embezzlement, and Huge Wealth from Unknown Sources: Analysis of the Specific Operational Specifications and Key Points of the Adjudication on the Confiscation Procedure (Case No. 1235 of Episode 112)
Zhang Zhengxin's Case of Confiscation of Illegal Gains from Corruption: Legal Issues Concerning the Application of Procedures for the Confiscation of Illegal Gains to Criminal Suspects Who Died After Fleeing the Abroad (Case No. 1468 of Episode 131)
Yu Liqun's Case of Confiscation of Illegal Gains from Taking Bribes - Issues to be Paid Attention to in the Trial of Cases of Death of Criminal Suspects and Defendants for the Confiscation of Illegal Gains (Episode 131, Case No. 1469)
Case of confiscation of illegal gains from bribery by Liu Moumou - Rules for Case Filing and Review of Cases of Confiscation of Illegal Gains (Case No. 1470 of Episode 131)
Xu Jin's Application for Confiscation of Illegal Gains from Corruption and Bribery - Handling of Issues Related to the Participation of Interested Parties in the Litigation in the Procedure for the Confiscation of Illegal Gains (Case No. 1471 of Episode 131)
Huang Yanlan's Case of Confiscation of Illegal Gains from Corruption: Identification of Interested Parties and Definition of Legitimate Rights and Interests in the Procedure for Confiscation of Illegal Gains (Case No. 1472 of Episode 131)
Wu Weibing's Case of Confiscation of Illegal Gains from Accepting Bribes – Identification and Confiscation Principles of Illegal Gains (Episode 131, Case No. 1473)
Bai Jing's Case of Confiscation of Illegal Gains of Corruption: How to Grasp the Standard of Proof in Cases of Confiscation of Illegal Gains (Case No. 1474 of Episode 131)
Compulsory treatment procedures for mentally ill persons who do not bear criminal responsibility in accordance with law
Zhu's Compulsory Treatment Case - How to Understand and Apply the Conditions for Compulsory Treatment (Episode 93, Case No. 886)
Case of Compulsory Treatment of Song - How to Determine that the Respondent Has the "Possibility of Continuing to Endanger Society" and How to Handle the Application for Self-Treatment and Custody Submitted by the Respondent's Relatives (Case No. 887 of Episode 93)
Rong's Compulsory Treatment Case: How to Understand and Master the Substantive Conditions of Compulsory Treatment (Episode 93, Case No. 888)
Gao Kangqiu's Compulsory Treatment Case: Improvement and Perfection of Compulsory Treatment Decision-making Procedures and Mechanisms (Case No. 889 of Episode 93)
Ma Yanlei's Compulsory Treatment Case: How to Grasp the Specific Conditions for Compulsory Treatment of Mentally Ill Patients (Case No. 974 of Episode 97)
Miscellaneous questions
Qin Xuerong Robbery, Hooliganism, Fraud, and Embezzlement Case - How to Deal with Criminal Liability, Illegal Gains, and Civil Liability If the Defendant Dies During the Trial (Episode 6, Case No. 44)
Case of Yuan Mingang and Bao Huamin Fraudulently Obtaining Exit Documents: How to Determine the Nationality of Defendants with Chinese Nationality and Foreign Passports (Case No. 69 of Episode 9)
Mardan Michel's Alleged Rape Extradition Case – How Extradition Cases Are Subject to Judicial Review (Episode 30, Case No. 227)
Wang Wenyong and Chen Qing Case of Drug Transportation: Scope and Procedure for Investigators to Testify in Court (Case No. 721 of Episode 81)
Tomoo Robbery Case - How to Correctly Understand and Apply the Conditions for Trial Based on the Defendant's Self-Declared Identity (Episode 102, Case No. 1064)
Huang Jing's Fraud Case: How to Grasp the Application of the Criminal Settlement System in Judicial Practice (Episode 108, Case No. 1176)
Li Zhengqin's Intentional Injury Case: How to Apply the Procedural Choice of the Legal Representative of a Minor Victim in a Minor Domestic Violence Crime Case (Episode 109, Case No. 1190)
Shen Chao's Intentional Homicide and Robbery Case - How to Deal with the New Crime Committed During the Parole Probation Period if the Previous Crime Meets the Conditions for Sealing the Criminal Record (Episode 120, Case No. 1300)
Zhang Zheng's Fraud Case: Issues to be Paid Attention to in the Application of Expedited Procedures to Implement Remote Video "Contactless" Court Sessions During the Period of Epidemic Prevention and Control (Episode 121, Case No. 1323)
Wang Xiumin's Intentional Homicide Case - Can the Court Combine the Cases for Trial after the Co-Offenders Were Prosecuted Separately (Episode 122, Case No. 1338)
Wang Weinan's Fraud Case - The Presentation of Evidence at the Pre-trial Conference Is Not a Substitute for the Presentation, Cross-examination and Authentication of Evidence in the Trial (Case No. 1422 of Episode 128)
Baek Sang-joon's Extradition Case – How to Apply Compulsory Measures of Extradition and Detention (Episode 131, Case No. 1475)
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