Theoretical study and criminal defense

Yingke Lee Law today

Included in the topic #Theoretical Learning; Practical Defense; 1 content

In the past few days, I have studied professor Chen Hongbing's course on 40 crimes of criminal law division. After listening to an hour of live lessons, I decided to buy all the lessons. After listening to the whole course, my feeling is that "practice needs theoretical (academic) nourishment".

Professor Chen is a student of Mr. Zhang Mingkai, and many theories have been inherited and innovated. The analysis of the 40 crimes includes explanations and criticisms of traditional or common theories, as well as Professor Chen's personal views on the irrationality of current legislation and judicial interpretations. For academics, a hundred flowers bloom is good, I admire scholars, and I have always believed that it is not easy to do truly valuable academic research. This study has deepened the understanding of some of the crimes and judicial interpretations to a certain extent, but it is far from enough to listen to it once.

The class mentioned that Zhang Mingkai's "Criminal Law" has come out with the sixth edition this year, and my fifth edition is still being studied, so the study of lawyers really has not stopped. This course reminds me of the days when universities were nibbling on criminal law textbooks. Of all the textbooks, only Criminal Law is the book I have translated the most. In the judicial examination, criminal law and civil law are the two best subjects to review, and criminal law is even worse, and I personally prefer to see a criminal law problem to think deeply, like solving geography problems in high school.

The biggest gain from this study should be how to correctly understand and apply the law. Lawyers are representatives of private rights, and it is their duty to fight for the legitimate best interests of the parties, but they are also the enforcers of the law, and the premise of enforcement is to correctly understand and apply the law.

In defense work, how to correctly understand and interpret laws and judicial interpretations is a major debate brought about by theory, involving the defense of not constituting a crime, this crime and another crime. Lawyer Zhu Mingyong's explanation of a crime in a live class at the Criminal Defense Private School is far deeper than that of scholars. Through the horizontal and longitudinal study of the charges, the final defense points can be convinced that it is natural to persuade the judiciary. I think he is the ceiling of China's current criminal defense and one of my most respected predecessors (in addition to Zhang Yansheng). I will learn any of his lecture videos many times, hoping that I can flexibly apply them to the cases I handle. There is no shortcut to the road of learning, just like Teacher Zhu's thorough study of a crime, behind it must be the result of countless time and energy.