At the outset of the event, Attorney Han Meijun, drawing on her extensive professional experience, used several typical cases she had personally handled as a starting point to provide an in-depth analysis of the rules and practical challenges involved in addressing criminal-civil intersection issues within arbitration proceedings. Starting with the fundamental knowledge of arbitration procedures, she explained in detail the four core characteristics of arbitration, its scope, applicable laws, application and hearing procedures, as well as key aspects such as the annulment of arbitral awards, thereby establishing a solid theoretical framework for the audience present.

In the case study session, Attorney Han Meijun shared... A Criminal-Civil Overlapping Case Involving Equity Acquisition by a Certain Company Focusing on key challenges such as “the impact of criminal case filing on arbitration,” “the determination of the independence of arbitration agreements,” and “the identification of illicit funds and the return of property,” she meticulously analyzed and thoroughly deconstructed the cases, presenting practical and feasible strategies that provided students with actionable insights and approaches.

Attorney Han Meijun provided an in-depth analysis of the three core issues in criminal-civil intersection cases: identifying such intersections, choosing the appropriate procedural approach, and handling assets. She pointed out that criminal-civil intersections can be categorized into two types: concurrent and connected. The criteria for determining whether a case involves such an intersection have shifted from “the same legal fact” and “the same legal relationship” to “the same factual situation.” Regarding the debate over whether “criminal proceedings should precede civil proceedings as a general principle,” she emphasized that the current mainstream view is that criminal and civil proceedings should proceed concurrently, with the “criminal-first, civil-later” approach being applicable only under specific circumstances. In terms of asset handling, she meticulously distinguished between the scope and applicable situations of criminal confiscation and restitution versus civil compensation, helping students clarify these complex concepts and key practical considerations.

During the subsequent panel discussion, Attorney Zhang Bingxu The speaker acknowledged the practical depth and theoretical value of Attorney Han Meijun’s sharing, while also raising the issue of the compatibility between short limitation periods and arbitration efficiency in commercial matters, thereby prompting the audience to further reflect on the balance between efficiency and fairness.

Attorney Li Kexuan From the perspective of criminal defense, they compared the differences in how arbitration and litigation handle cases involving both criminal and civil issues, sharing valuable practical experience. The insightful remarks by the two lawyers enriched the event’s content from different angles, providing students with a diverse range of intellectual exchanges.

In his concluding remarks and commentary, Associate Professor Cao Jianjun from the School of Law at the Central University of Finance and Economics offered a masterful interpretation of practical phenomena from the perspective of theoretical research. He guided students to engage in deeper reflection, delivering insightful and concise comments that demonstrated both profound scholarly insight and keen perceptiveness. His rich academic background and sharp intuition lent significant intellectual weight to the entire event, greatly benefiting all the teachers and students in attendance.

During the interactive session, many students actively asked questions. Attorney Han Meijun answered each question one by one, drawing on case details and legal provisions. She also encouraged young students to focus on integrating substantive law with procedural law in their studies and to accumulate practical experience through methods such as legal aid and case discussions. The lively atmosphere of the on-site exchange thoroughly sparked the students’ interest in the intersection of arbitration with criminal and civil law.

This lecture focuses on the hot and challenging issue of the intersection between criminal and civil law, aiming to deepen students’ understanding of arbitration law. The insightful sharing by lawyers from the Xinglai team not only provided faculty and students at the School of Law of the Central University of Finance and Economics with cutting-edge practical knowledge and profound theoretical insights, but also established a strong platform for academic exchange and collaboration between the law firm and the university. In the future, Xinglai Law Firm will continue to actively participate in such academic events, contributing to the integrated development of legal education and practice.

Edited and typeset by: Wang Xin

Reviewed by: Management Committee