Specialises in criminal litigation and corporate legal affairs.
In the field of civil litigation, has handled litigation and arbitration cases involving economic contracts, construction and real estate, labour disputes and damages.
Has experience in providing special legal services to large companies, able to offer professional legal advice, improve corporate management efficiency and prevent and control potential legal risks.
Has repeatedly won calligraphy awards in calligraphy, painting and photography competitions organised by the Guangdong Provincial Judicial Administration System, the Guangdong Law Society, the Guangdong Lawyers Association and the Guangzhou Lawyers Association.
· Member of the Culture, Publicity and Commendation Working Committee of the Guangdong Lawyers Association
· Member of the Criminal Law Professional Committee of the Guangdong Lawyers Association; ... Director of the Council of the Jurisprudence Research Society of the Guangdong Law Society.
August 2010-June 2011 Guangdong Zhiyang Law Firm
July 2011-June 2013 Guangdong Global Kingway Law Firm
July 2013-June 2017 Guangdong Tiansui Law Firm
July 2017-June 2021 Guangdong Fengshengming Law Firm
July 2021-Present Shanghai SGLA (Guangzhou) Law Firm
[Selected Criminal Cases]
(1) Intentional homicide case of Qin, sentenced to death at first instance; after accepting the engagement at second instance, through diligent defence the sentence was commuted to death with a two-year reprieve.
(2) Smuggling of ordinary goods case of Wu, with an amount involved of more than RMB 6 million. The court of first instance adopted the defence argument that he was an accomplice and reduced the sentence from more than 10 years to 6 years with a fine of RMB 500,000, but did not adopt the defence argument concerning the amount of duty evaded. The court of second instance adopted the appellate defence arguments, set aside the original judgment and commuted the sentence to 4 years with a fine of RMB 300,000.
(3) Occupational embezzlement case of Huang. The defence argued at first instance that the subject was not qualified and that the offence of occupational embezzlement was not established, but the court of first instance did not adopt this and convicted him. On review, the court of second instance set aside the first-instance judgment and remanded the case for retrial.
(4) Ye, former deputy secretary of the Political and Legal Affairs Committee of a district in Guangzhou, who was convicted of accepting bribes of about RMB 24 million and of money laundering, with concurrent punishment for several offences; through effective defence he was given a lighter sentence of 13 and a half years.
(5) Luo, former director of a county highway bureau, in respect of bribe-taking of more than RMB 7.8 million, taking into account the facts of the case and the argument that Luo voluntarily confessed most of the bribe-taking facts not yet known to the investigating authorities, the court adopted the defence arguments and gave Luo a lighter sentence of 11 years' imprisonment.
(6) Yuan was criminally detained on suspicion of contract fraud involving more than RMB 3.8 million; as the facts were doubtful, the lawyer submitted a legal opinion and relevant evidence to the procuratorate. The procuratorate decided not to approve arrest, and after the period of release on bail pending trial expired, the public security organ decided not to transfer the case for prosecution.
(7) Contract fraud case of Zhou, with an amount involved of about RMB 2 million. Relevant favourable evidence was collected and submitted, the act was determined to be a unit crime, and through highly effective defence the court sentenced Zhou to three years' imprisonment and a fine of RMB 100,000.
(8) Abuse of power and embezzlement case of Deng. At first instance Deng was acquitted of embezzlement and sentenced to two years and three months' imprisonment for abuse of power. After the judgment was pronounced the procuratorate lodged a protest, which it withdrew during the second-instance proceedings.
(9) Mafia-related case of Shao and others, with as many as 50 co-defendants, involving concurrent punishment for several offences, nearly 500 volumes of case files, particularly huge amounts, difficult and complex facts and significant social impact, with hearings held continuously for ten days; through diligent defence Shao received a mitigated punishment.
(10) Case of Yang and others on falsely issuing special VAT invoices, with a total price and tax amount of about RMB 1.9 billion, involving multiple companies in several provinces and municipalities and major and complex facts; through effective defence Yang was given a lighter sentence of 13 years' imprisonment.
(11) Huang, suspected of fraud involving more than RMB 3 million. After carefully studying the case, a legal opinion that Huang had not committed a crime was submitted to the procuratorate, which ultimately decided not to prosecute Huang.
(12) Case of Zhou and others on organising prostitution, involving numerous persons; the public security organ arrested 9 defendants and 26 persons engaged in prostitution at the scene, and the prosecuting authority alleged that the organisation was a criminal group. The court adopted the defence arguments that it was not a criminal group and that the defendants were accomplices.
(13) Case of Liu and others on privately dividing state-owned assets and misappropriating public funds, involving the joint private division of more than RMB 6 million in state-owned assets and the misappropriation of RMB 2.4 million in public funds. The court of first instance sentenced Liu for privately dividing state-owned assets but exempted him from criminal punishment, and sentenced him to one year's imprisonment for misappropriating public funds; with concurrent punishment for several offences, it decided on one year's imprisonment with a one-year-and-six-month suspension.
(14) Case of Zhang and others on illegally absorbing public deposits, involving huge amounts and as many as 756 victims with significant social impact. Through careful and meticulous defence Zhang received a lighter punishment and was granted probation.
(15) Intentional injury criminal incidental civil case of Wu, in which the intentional injury caused one death, one minor injury and one slight injury. After repeated negotiations with the victim's family, a compensation agreement was reached and their forgiveness obtained, and Wu was given a lighter sentence of thirteen years' imprisonment with deprivation of political rights for four years.
(16) Traffic accident case of Li, a major traffic accident causing four deaths at the scene, one injury and varying degrees of damage to eight vehicles, for which Li bore full responsibility. Through defence Li was given a lighter sentence of five years and four months' imprisonment.
(17) Case of Zeng and others on damaging public telecommunications facilities, in which the use of pseudo base stations to send spam messages caused communication interruption for more than 40,000 mobile phone users. The court adopted the defence argument for a lighter punishment and sentenced him to three years' imprisonment.
(18) Robbery case of Zeng and others. Through effective defence the court gave Zeng a mitigated punishment and applied probation.
(19) Counterfeiting registered trademarks case of Wang, involving more than RMB 1.3 million. Through defence the court gave him a lighter punishment and applied probation.
(20) Case of Li on selling goods bearing counterfeit registered trademarks, involving a huge amount, with Li as the principal offender. Through defence the court gave him a lighter punishment and applied probation.
[Retained Legal Counsel Clients]
· Has served as retained legal counsel to the Guangdong Security and Protection Industry Association, Guangzhou Xietong Electronic Technology Company, Hong Kong Kaisheng Group, Xiangshan Baosheng Construction Engineering Company, Guangzhou Meihuifang Engineering Company, Guangzhou Xunshi Communications Company and others.
Specialises in criminal litigation and corporate legal affairs.
In the field of civil litigation, has handled litigation and arbitration cases involving economic contracts, construction and real estate, labour disputes and damages.
Has experience in providing special legal services to large companies, able to offer professional legal advice, improve corporate management efficiency and prevent and control potential legal risks.
Jilin University, Law Bachelor's degree
Has repeatedly won calligraphy awards in calligraphy, painting and photography competitions organised by the Guangdong Provincial Judicial Administration System, the Guangdong Law Society, the Guangdong Lawyers Association and the Guangzhou Lawyers Association.
· Member of the Culture, Publicity and Commendation Working Committee of the Guangdong Lawyers Association
· Member of the Criminal Law Professional Committee of the Guangdong Lawyers Association; ... Director of the Council of the Jurisprudence Research Society of the Guangdong Law Society.
August 2010-June 2011 Guangdong Zhiyang Law Firm
July 2011-June 2013 Guangdong Global Kingway Law Firm
July 2013-June 2017 Guangdong Tiansui Law Firm
July 2017-June 2021 Guangdong Fengshengming Law Firm
July 2021-Present Shanghai SGLA (Guangzhou) Law Firm
[Selected Criminal Cases]
(1) Intentional homicide case of Qin, sentenced to death at first instance; after accepting the engagement at second instance, through diligent defence the sentence was commuted to death with a two-year reprieve.
(2) Smuggling of ordinary goods case of Wu, with an amount involved of more than RMB 6 million. The court of first instance adopted the defence argument that he was an accomplice and reduced the sentence from more than 10 years to 6 years with a fine of RMB 500,000, but did not adopt the defence argument concerning the amount of duty evaded. The court of second instance adopted the appellate defence arguments, set aside the original judgment and commuted the sentence to 4 years with a fine of RMB 300,000.
(3) Occupational embezzlement case of Huang. The defence argued at first instance that the subject was not qualified and that the offence of occupational embezzlement was not established, but the court of first instance did not adopt this and convicted him. On review, the court of second instance set aside the first-instance judgment and remanded the case for retrial.
(4) Ye, former deputy secretary of the Political and Legal Affairs Committee of a district in Guangzhou, who was convicted of accepting bribes of about RMB 24 million and of money laundering, with concurrent punishment for several offences; through effective defence he was given a lighter sentence of 13 and a half years.
(5) Luo, former director of a county highway bureau, in respect of bribe-taking of more than RMB 7.8 million, taking into account the facts of the case and the argument that Luo voluntarily confessed most of the bribe-taking facts not yet known to the investigating authorities, the court adopted the defence arguments and gave Luo a lighter sentence of 11 years' imprisonment.
(6) Yuan was criminally detained on suspicion of contract fraud involving more than RMB 3.8 million; as the facts were doubtful, the lawyer submitted a legal opinion and relevant evidence to the procuratorate. The procuratorate decided not to approve arrest, and after the period of release on bail pending trial expired, the public security organ decided not to transfer the case for prosecution.
(7) Contract fraud case of Zhou, with an amount involved of about RMB 2 million. Relevant favourable evidence was collected and submitted, the act was determined to be a unit crime, and through highly effective defence the court sentenced Zhou to three years' imprisonment and a fine of RMB 100,000.
(8) Abuse of power and embezzlement case of Deng. At first instance Deng was acquitted of embezzlement and sentenced to two years and three months' imprisonment for abuse of power. After the judgment was pronounced the procuratorate lodged a protest, which it withdrew during the second-instance proceedings.
(9) Mafia-related case of Shao and others, with as many as 50 co-defendants, involving concurrent punishment for several offences, nearly 500 volumes of case files, particularly huge amounts, difficult and complex facts and significant social impact, with hearings held continuously for ten days; through diligent defence Shao received a mitigated punishment.
(10) Case of Yang and others on falsely issuing special VAT invoices, with a total price and tax amount of about RMB 1.9 billion, involving multiple companies in several provinces and municipalities and major and complex facts; through effective defence Yang was given a lighter sentence of 13 years' imprisonment.
(11) Huang, suspected of fraud involving more than RMB 3 million. After carefully studying the case, a legal opinion that Huang had not committed a crime was submitted to the procuratorate, which ultimately decided not to prosecute Huang.
(12) Case of Zhou and others on organising prostitution, involving numerous persons; the public security organ arrested 9 defendants and 26 persons engaged in prostitution at the scene, and the prosecuting authority alleged that the organisation was a criminal group. The court adopted the defence arguments that it was not a criminal group and that the defendants were accomplices.
(13) Case of Liu and others on privately dividing state-owned assets and misappropriating public funds, involving the joint private division of more than RMB 6 million in state-owned assets and the misappropriation of RMB 2.4 million in public funds. The court of first instance sentenced Liu for privately dividing state-owned assets but exempted him from criminal punishment, and sentenced him to one year's imprisonment for misappropriating public funds; with concurrent punishment for several offences, it decided on one year's imprisonment with a one-year-and-six-month suspension.
(14) Case of Zhang and others on illegally absorbing public deposits, involving huge amounts and as many as 756 victims with significant social impact. Through careful and meticulous defence Zhang received a lighter punishment and was granted probation.
(15) Intentional injury criminal incidental civil case of Wu, in which the intentional injury caused one death, one minor injury and one slight injury. After repeated negotiations with the victim's family, a compensation agreement was reached and their forgiveness obtained, and Wu was given a lighter sentence of thirteen years' imprisonment with deprivation of political rights for four years.
(16) Traffic accident case of Li, a major traffic accident causing four deaths at the scene, one injury and varying degrees of damage to eight vehicles, for which Li bore full responsibility. Through defence Li was given a lighter sentence of five years and four months' imprisonment.
(17) Case of Zeng and others on damaging public telecommunications facilities, in which the use of pseudo base stations to send spam messages caused communication interruption for more than 40,000 mobile phone users. The court adopted the defence argument for a lighter punishment and sentenced him to three years' imprisonment.
(18) Robbery case of Zeng and others. Through effective defence the court gave Zeng a mitigated punishment and applied probation.
(19) Counterfeiting registered trademarks case of Wang, involving more than RMB 1.3 million. Through defence the court gave him a lighter punishment and applied probation.
(20) Case of Li on selling goods bearing counterfeit registered trademarks, involving a huge amount, with Li as the principal offender. Through defence the court gave him a lighter punishment and applied probation.
[Retained Legal Counsel Clients]
· Has served as retained legal counsel to the Guangdong Security and Protection Industry Association, Guangzhou Xietong Electronic Technology Company, Hong Kong Kaisheng Group, Xiangshan Baosheng Construction Engineering Company, Guangzhou Meihuifang Engineering Company, Guangzhou Xunshi Communications Company and others.