Education background
In 1987, he graduated from Wuhan University Law School, majoring in criminal law, with a Master of Laws
In 1984, he graduated from Southwest University of Political Science and Law, majoring in law, with a Bachelor of Laws degree
Personal profile
Under the tutelage of Professor Ma Duichang, a famous criminal jurist, he graduated from Wuhan University Law School with a major in criminal law in 1987; he worked in the Guangdong Provincial Higher People's Court from 1987 to 2000, and successively served as assistant judge, judge, head of the research room, and Guangdong Provincial Higher People's Court. Executive director of the Judges Association, participated in the trial of major cases such as the Zhang Ziqiang case, participated in the drafting and revision of criminal law, criminal procedure law, guarantee law and other legislation and related judicial interpretations, and Guangdong local legislation, and won the third-class individual merit and the first-class collective He has been rated as an advanced worker over the years; in August 2000, he founded Guangdong Guozhi Law Firm (formerly Zhuozhi Law Firm), and successively served as senior partner, director, secretary of the general party branch, chairman of the partner meeting, etc., leading The team has undertaken a large number of major cases and is the head of the legal advisory team of the Guangdong Provincial People's Government.
Social duties
From 2004 to 2020, he served successively as executive director of the Guangzhou Lawyers Association, director of the Lawyer Strategic Development Research Committee, director of the Internship Assessment Management Working Committee, director of the Lawyer Business Development Working Committee, director and vice president of the Criminal Law Professional Committee, Guangzhou Chairman and executive vice president of Luxing Lawyer Business Research Institute;
Since 1987, he has successively served as a director of the China Criminal Law Research Association, an executive director and a member of the Academic Committee of the Guangdong Provincial Law Society, the vice-chairman of the Guangdong Provincial Criminal Law Research Association, the vice-chairman of the Guangdong Lawyers Research Association, Southwest University of Political Science and Law Vice President of Guangdong Alumni Association, Vice President of Law Branch of Guangzhou Alumni Association of Wuhan University, Vice President of Mark Chang Law Foundation of Wuhan University, Consulting Expert of Civil and Administrative Cases of Supreme People's Procuratorate, Arbitrator of Guangzhou Arbitration Commission, etc.
Personal honor
2007 Advanced Worker of Legal Research in Guangdong Province
2009~2012 Top Ten Lawyers in Guangzhou
2018 Excellent Communist Party Member of the National Legal Industry
2020 Supreme People's Procuratorate Civil Administrative Consulting Outstanding Expert
success case
1. Non-performing assets:
1. Entrusted by Nan'ao County Yunlu Investment Co., Ltd. to act as an agent in the case of changing the subject of execution, the case number (2017) Yue 0103 Zhiyi No. 254, the principal involved in the case is 50 million yuan;
2. Guangdong Ruizhen Investment Co., Ltd. v. Huizhou Huiyang Runxin Industrial Co., Ltd. bond transaction dispute case, representing the plaintiff Guangdong Ruizhen Investment Co., Ltd., case number (2017) Guangdong 0106 Minchu 22460, the subject matter involved is about 37.5 million yuan ;
3. Guangdong Ruizhen Investment Co., Ltd. v. Guangdong Huiyang Real Estate Group Co., Ltd. in the bond transaction dispute case, representing the plaintiff Guangdong Ruizhen Investment Co., Ltd., case number (2017) Yue 0106 Min Chu No. 23983, the subject matter involved is about 28 million yuan;
4. Guangdong Ruizhen Investment Co., Ltd. v. Huizhou Huiyang Runxin Industrial Co., Ltd. for a bond transaction dispute application for retrial, representing the plaintiff Guangdong Ruizhen Investment Co., Ltd., case number (2017) Yue Min Shen No. 6947, the subject matter involved is about 3750 ten thousand yuan;
5. Acting for the plaintiff Dongguan Bank in the loan contract dispute case between Bank of Dongguan v. Victory (Guangdong) Building Materials Technology Industry Co., Ltd., case number (2017) Guangdong 0106 Minchu 20597, the total amount involved is about 10.69 million yuan;
6. The applicant (defendant in the original trial) Guangdong Power Grid Co., Ltd. and the respondent (plaintiff in the original trial) Guangdong Ruizhen Investment Co., Ltd. bond transaction retrial case, representing the respondent Guangdong Ruizhen Investment Co., Ltd., Case No. (2017) Yuemin Shen No. 2836, the subject matter involved is about 13 million yuan.
2. Criminal category:
1. In the bribery and embezzlement case of Chen from the former Zhuhai Health and Quarantine Bureau, the court of the first instance sentenced him to 12 years in prison. After being defended in the second instance, he was remanded for retrial, and the sentence was changed to one year in prison and suspended for two years;
2. For Wang’s loan fraud case, the first trial was sentenced to 10 years’ imprisonment, but after the second trial was defended and remanded for retrial, the verdict was acquitted. The Shenzhen Procuratorate protested and was reviewed by the Provincial Procuratorate.
3. In the case of Gu’s use of nuclear radiation technology to endanger public safety, after defense, the first-instance sentence was suspended, and the procuratorate protested until the Supreme Court, which upheld the suspended death sentence.
3. Civil and commercial:
1. A loan dispute case involving a Guangzhou branch of a bank in Guangdong, with a target value of more than 200 million yuan, was successfully mediated and enforced during the first instance through consultation with the other party, which lasted only one and a half months;
2. A real estate company’s joint house construction dispute case, with a bid of more than 170 million yuan, successfully won the case from the first instance to the second instance, and successfully executed it;
3. A company in Hong Kong was sued for unfair competition, the subject matter was more than 80 million yuan, lost in the first trial, successfully represented in the second trial, and the other party’s claim was rejected.
Articles
Since 1984, he has published more than 100 academic papers in public journals above the provincial level, among which he won the Guangdong Law Society Outstanding Achievement Award three times. Once won the Guangdong Provincial Social Science Research Achievement Award. In 2007, he was rated as an outstanding legal worker in Guangdong Province. His article "On the Crime of Violation of Commercial Secrets" directly prompted the addition of the crime of infringement of commercial secrets to the new criminal law in 1997. This article was also awarded the "Second Prize for Outstanding Research Achievements in Criminal Law in the Twenty Years of Reform and Opening Up" by the China Criminal Law Research Association. He has also participated in the writing and publication of academic monographs such as "Dictionary of Criminal Law", "General Theory of Crime", "New Vision of Criminal Law Research", "New Theory of Corruption by Law".
More than ten years of trial work experience in the Guangdong Provincial High Court has accumulated rich practical experience and solid legal business foundation. Not only participated in the formulation of a large number of judicial interpretations and judicial policies, but also organized research and solved many problems in trial practice. Major and difficult new situations and new problems have guided the development of trial work in courts across the province. Appointed by the Standing Committee of the Guangdong Provincial People's Congress, he has drafted six local regulations including the "Guangdong Provincial Property Auction Regulations" and the "Guangdong Provincial Enterprise Bankruptcy Liquidation Regulations". "is the first provincial-level local regulation to regulate the auction business in China. The "Auction Law" promulgated by our country two years later is based on this regulation as the norm and blueprint for formulation. He has also been invited to participate in the drafting and revision of my country's "Criminal Law", "Criminal Procedure Law", "Company Law", "Guarantee Law", "Negotiable Instrument Law", "Contract Law" and other laws and the formulation of relevant judicial interpretations.