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  • Defence Strategies and Techniques for Cases Involving the Intersection of Criminal, Civil and Administrative Law Successfully Held

    Release Time:2025-11-28

    With rapid economic and social development alongside continuous innovation in business models, the number of cases involving the intersection of criminal, civil and administrative law has increased significantly, presenting numerous practical challenges in their handling. To deepen understanding and share cutting-edge theories and practices in this field, JAVY Law Firm successfully hosted the event ‘Defence Strategies and Techniques for Cases at the Intersection of Criminal, Civil and Administrative Law’ on 26 November 2025.

     

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    Mr Xu Fadong, Executive Committee Member and Senior Partner of JAVY Law Firm, delivered the opening address. The event featured a keynote presentation by Mr Shi Yuchen, Senior Partner at Beijing Weiheng Law Firm, Head of the Criminal Legal Risk Prevention and Defence Department, Vice President of the China Association of Small and Medium Enterprises, Deputy Secretary-General of the Lawyers' Rights Protection Committee of the Haidian District Lawyers Association in Beijing, and Supervisor of the Beijing Legal Research Association on Ageing.

     

    At the outset, Mr Xu extended a warm welcome to all attendees on behalf of JAVY Law Firm. He noted that criminal-civil crossover cases involve complex scenarios where the same factual circumstances simultaneously engage criminal, civil, and potentially administrative legal relationships. Such cases present intertwined legal relationships and ambiguous characterisations, demanding heightened professional expertise and comprehensive capabilities from legal practitioners. He expressed hope that participants would engage in in-depth exchanges, learn from each other's experiences, and collectively enhance their capabilities in handling cases involving the intersection of criminal, civil, and administrative law.

     

    Mr Shi Yuchen commenced by addressing the issue of reverse linkage in the field of securities law violations. He stressed that the realisation of civil rights is crucial for parties involved, urging lawyers to actively advocate for ‘parallel criminal and civil proceedings’ before the courts to avoid the adverse effects of ‘criminal proceedings preceding civil actions’. He also elaborated on the multi-tiered accountability framework within securities law violations, encompassing the coordinated application of administrative enforcement, civil liability pursuit, and criminal prosecution.

     

    Addressing the intersection of criminal and civil liability in fraud cases, Mr Shi provided a detailed analysis of the distinguishing criteria between civil/commercial fraud and criminal deception. Through specific case studies, he illustrated the differences between civil fraud and criminal deception in terms of subjective intent, objective conduct, and legal consequences. He emphasised that lawyers handling such cases must accurately assess the nature of the conduct to avoid criminalising civil disputes.

     

    Regarding defence strategies for cases involving the intersection of criminal, civil, and administrative law, Mr Shi shared multiple practical techniques. He proposed that lawyers handling such cases should cultivate creative thinking, evidence-based reasoning, and systemic thinking, excelling at grasping the macro-level picture while seeking breakthroughs in minute details. Mr Shi also detailed defence strategies for ‘criminal-to-civil’ and ‘criminal-to-administrative’ transitions, offering profound insights and practical methods for attending lawyers.

     

    During the interactive session, participating solicitors actively posed questions, which the speakers patiently addressed, fostering a vibrant atmosphere. Attendees engaged in in-depth discussions on defence strategies, evidence gathering, and procedural coordination within these complex cases. JAVY Law Firm remains committed to establishing platforms for solicitors to engage with leading law firms and industry luminaries. This initiative promotes individual professional development, deepens legal expertise and skills, and empowers solicitors in their career advancement.

     


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