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On December 5, JAVY law firm successfully held the activity of ‘Discovering Criminal Defence Space for Normative Purposes: Focusing on Economic Crimes, Cyber Crimes and Order Crimes’, and invited Dr. Hao Yun, a doctor of law from the Chinese Academy of Social Sciences, director of the Research Centre for New Types of Crimes of Beijing Qiancheng Law Firm, editor of the Criminal Law of Yanda Law Classroom of Peking University, researcher of Beijing Lawyers Law Society, and member of Beijing Criminology Research Society to be the speaker. The event specially invited Lawyer Eddie Hao, Doctor of Law of Chinese Academy of Social Sciences, Director of New Crime Research Centre of Beijing Qiancheng Law Firm, Editor of Criminal Law of ‘Yanda Law Classroom’ of Peking University, Researcher of Beijing Lawyers' Law Research Association, Member of Beijing Criminology Research Association to be the main speaker.

Relying on his profound theoretical foundation in jurisprudence and rich practical experience, Mr. Hao took the criminal cases he handled in the fields of banking and finance, bill finance, intellectual property rights, information data and network platforms, market licensing and commercial innovation as a vein, and combined with the theory of normative protection purpose, he elaborated in detail how to comprehensively use the discovery of legal interests and the balance of legal interests to explain and determine the protection of legal interests in criminal law in the judicial practice, and how to use the substantive criminal law to protect the interests of the public and the private sector. How to use substantive criminal law and the unity of the legal order in the criminal law is not clear enough to the civil and commercial, administrative predecessor law norms to find normative clarity, how to find for the criminal law modesty specific visible and persuasive practical application of thinking methods, and thus to carry out the criminal defence and compliance with the risk of coherent prediction and other content.

In terms of economic crimes, Mr. Hao took the crime of illegal business operation as an example, and made an in-depth analysis of the constituent elements of the crime and the key points of defence. He stressed that the subject of establishing the crime of illegal business operation should be limited to the subject of business operation that can be the subject of legal responsibility as stipulated in the relevant legal norms, and at the same time, the behaviour must violate the state regulations, disturb the market order and have serious social harm. In the defence process, we should fully consider the subjective malignancy of the perpetrator, the degree of social harm and the orientation of the criminal policy and other factors, for the perpetrator to fight for the legitimate rights and interests.

In terms of cybercrime, Hao focused on the legal responsibility and defence strategy of Internet platform enterprises in cases involving cybercrime. He pointed out that the Internet platform enterprise as a technical third party, under the premise of complying with the relevant laws and regulations, only for the provision of Internet platform technical services, should not be identified as the subject of crime. In the process of defence, the boundaries of laws and regulations should be accurately grasped, and the legitimacy and innocence of the perpetrator should be fully argued.

In terms of order crimes, Hao discussed the legal nature and defence points of financial and market behaviours in depth with specific cases. He said that when dealing with such cases, the actual situation of the market should be fully considered to avoid including commercial innovation in the scope of criminal combat. At the same time, it is necessary to accurately grasp the boundaries of relevant laws and regulations and provide effective legal assistance to the perpetrators.

JAVY law firm has always been committed to consolidating the platform for building exchanges and interactions between lawyers and excellent law firms and industry sages, promoting the personal development of lawyers, thickly cultivating legal expertise and skills, and empowering lawyers.