On the afternoon of August 1, 2025, the symposium on "Practical Issues Related to the New Public Security Administration Punishment Law," hosted by the Criminal Law Professional Committee of Gaopeng Law Firm, was successfully held at Gaopeng. The event invited senior criminal defense lawyers from multiple law firms to deliver keynote speeches, attracting 3,900 participants and viewers both online and offline, with a warm response.

Host: Feng Chengcheng

At the beginning, host Lawyer Feng Chengcheng extended a warm welcome and sincere thanks to all guests and colleagues. She hoped that the symposium would serve as an opportunity to focus on the revision of the new Public Security Administration Punishment Law, explore key and difficult issues in the application of the connection between administrative penalties and criminal sanctions, and fully promote exchanges and mutual learning.

Dong Xiaohua

Lawyer Dong Xiaohua, Senior Partner of Gaopeng Law Firm and Director of the Criminal Law Committee, analyzed in depth the characteristics of high similarity and blurred boundaries between criminal offenses and administrative violations in terms of element structure and application of legal principles, combining three typical cases she personally handled. She opined that both the principle of criminal law modesty and the principle of proportionality between punishment and offense in administrative penalties should avoid simply criminalizing minor violations. Handling minor violations through administrative penalties to decriminalize some minor offenses is often more conducive to achieving the goal of good law and good governance. This is not only a conceptual shift from "punishing crimes" to "governing," but also has positive significance for optimizing the allocation of judicial resources, protecting citizens' rights, and promoting social harmony and stability.

Cao Na

Former Outstanding Prosecutor of Henan Province and Director of the Criminal Business Department of Haihua Yongtai (Zhengzhou) Law Firm, Lawyer Cao Na, shared the topic "Paths of Reverse Connection Between Administrative Penalties and Criminal Sanctions Under the New Public Security Administration Punishment Law and Perspectives of Criminal Defense." Combining her experience in environmental pollution cases, she conducted an in-depth analysis of the reverse connection system and defensive strategies from four aspects: legality review of time limits, obstruction of evidence conversion, application of the proportionality principle, and games in hearing procedures. She believed that the reverse connection is never the end of lawyers' defense, but a new battlefield for safeguarding rights. Therefore, criminal defense lawyers need to actively build cross-disciplinary knowledge systems, coordinate overall case planning, and focus on advancing defense and precise communication.

Li Yongwei

Lawyer Li Yongwei, Secretary-General of the Working Committee for Rights Protection and Legal Professional Community Construction of the Beijing Lawyers Association and from Beijing Fali Law Firm, closely focused on practical realities and explored the boundary between administrative violations and criminal offenses. Faced with possible law enforcement disorders, he called for prohibiting analogical interpretations unfavorable to defendants (suspects) and strictly regulating the law enforcement actions of public security organs. Only when the law is implemented in a standardized and fair manner can its vitality and authority be truly demonstrated.

Shi Yuchen

Lawyer Shi Yuchen, Vice President of the China Association of Small and Medium Enterprises and Senior Partner of Beijing Weiheng Law Firm, delivered a keynote speech on issues in judicial practice such as blurred boundaries between administrative violations and criminal offenses, difficulties in evidence conversion, and poor connection between administrative and criminal penalties. He emphasized that in cross cases involving administrative penalties and criminal sanctions, the principle of criminal law modesty must be adhered to, elements of crimes must be accurately analyzed, and administrative violations must not be directly elevated to criminal offenses. Lawyers should accurately grasp the whole-chain defense points of "act characterization - evidence standards - procedural connection," put forward targeted defense opinions, effectively safeguard the legitimate rights and interests of parties, and ensure the correct implementation of the law.

Li Yanfeng

Lawyer Li Yanfeng, Deputy Secretary-General of the Criminal Law Research Association of Shanxi Law Society and Director of the Criminal Committee of Tianchi Juntai (Taiyuan) Law Firm, pointed out that the revision of the new Public Security Administration Punishment Law effectively supplements criminal law regulation but increases the possibility of criminalizing order-related crimes. He believed that the root cause of the blurred boundary between administrative violations and criminal offenses lies in the power allocation between administrative power and judicial power. Only by comprehensively considering legislative orientation and judicial policies, and fully taking into account their respective positioning, functions, and purposes, can a more scientific balance in law application be achieved.

Session 2

Feng Chengcheng

Lawyer Feng Chengcheng, Senior Partner of Gaopeng Law Firm, systematically interpreted the highlights of the revised Public Security Administration Punishment Law, including three main lines: strengthened procedural justice, expanded regulation of acts, and upgraded protection of human rights, as well as the newly added system of admitting guilt and accepting punishment. Notably, the expanded scope of hearings and mediations provides space for lawyers to advance defense. Lawyers can intervene in cases in advance for communication and negotiation, use public security mediation to prevent criminalization of cases, and effectively achieve both dispute resolution and avoidance of excessive occupation of judicial resources.

Tian Zhipeng

Tian Zhipeng, founder of "Thinking and Action Law" and former Third-Class Senior Prosecutor of the Beijing Municipal Procuratorate, delivered a keynote speech from the perspective of changes in law enforcement concepts and the establishment of norms after the implementation of the new law. He pointed out that attention should be paid to preventing and resolving conflicts, strengthening mediation in public security cases, and enhancing the public's sense of equality, happiness, and security. In addition, it is necessary to build a standardized law enforcement system, continue to improve supporting rules, strengthen law enforcement supervision, enhance the standardization of technological applications, promote the construction of the rule of law to a new height, and truly achieve good law and good governance.

Liu Ling

Lawyer Liu Ling, Hearing Officer of the Supreme People's Procuratorate and Partner of Beijing Haotian Law Firm, shared the topic "Empirical Research on the Necessity and Feasibility of Constructing a System for Sealing Records of Public Security Violations." She stated that constructing such a system is an important manifestation of practicing the spirit of the Constitution and strengthening the rule of law in protecting human rights. It not only conforms to the essential requirements of public security punishment but also follows the principle of proportionality, avoiding "excessive punishment for minor offenses" and demonstrating legal justice and humanistic care. She called for establishing strict supervision and responsibility mechanisms, promoting the coordinated connection between the system for sealing public security violation records and the system for sealing criminal records, integrating them with the social credit system, and advancing the modernization of the national governance system and governance capacity.

Lawyer Guo Zhenxing, Executive Director of Heilongjiang Hexiang Law Firm, shared the topic "Difficulties and Breakthroughs in the Identification of Justifiable Defense in Practice Under the New Public Security Administration Punishment Law." Through in-depth analysis of three typical cases, he revealed three major dilemmas in law enforcement practice: inertial thinking and cost considerations in law enforcement, blurred boundaries between mutual assault and defense, and excessive caution towards private relief. The revision of the law not only provides a legal basis for justifiable defense provisions in public security management but also clarifies rules for handling excessive defense, offering clearer guidance for grass-roots law enforcement. It demonstrates the rule of law concept that "the law shall not yield to illegality" and effectively promotes the realization of the legislative purpose of curbing illegality and promoting justice.

Wang Lilin

Lawyer Wang Lilin, Executive Director of Jiangsu Zhongxun Law Firm, pointed out that the new law has taken substantial steps in protecting minors and combating school bullying, with three highlights: first, clarifying the attitude that school bullying violations can be subject to public security punishment in accordance with the law; second, breaking conventions by adjusting execution conditions, allowing administrative detention for eligible cases; third, innovating the governance model by building a collaborative governance mechanism between public security and schools to form a joint force in prevention and control. It is necessary to demonstrate the seriousness of the law to educate and deter, while accurately grasping the scale of punishment to fundamentally prevent and reduce juvenile delinquency.

On-site Photos and Group Photo

Finally, Lawyer Dong Xiaohua, Director of Gaopeng's Criminal Law Committee, summarized the symposium. She believed that the event was rich in content and focused on key themes, providing theoretical support for in-depth understanding of the spirit of the rule of law and legislative intent contained in the new law. Moreover, by clarifying the practical logic of the connection and reverse connection between administrative penalties and criminal sanctions, it broadened ideas and horizons for defense work. Through experience sharing and intellectual collision, it truly achieved capacity building and win-win cooperation. Gaopeng's Criminal Law Committee will continue to adhere to the path of professional development, strive to launch more distinctive and high-quality professional seminars, gather wisdom, and contribute more to the development of the criminal law field.

Thus, the symposium concluded successfully!