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Current position: Elite Lawyers >Elite Lawyers
Tel:0571-87822111-3123
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Email:mwc@qq.com
缪渭川
Miao Weichuan
Position:Senior Partner
Specialty:Criminal Affair Business、Company Business、Civil & Business Affair (Dispute Resolution) Business

Experience (including education background):

undergraduate degree in East ChinaUniversity of Political Science and Law (the former East China Institute ofPolitical Science and Law).

Postgraduate degree in ZhejiangUniversity, and now is acting as the Deputy Director of Criminal ProsecutionCommittee of Hangzhou Lawyers Association and the Director of Jianggan KaixuanCivil and Commercial Law Mediation Service Center; He is selected as the CPPCCcommittee member in Jianggan District, the legal consultant for ShangchengDistrict People's Government, the legal consultant for Gongshu DistrictPeople's Government.

Since his practice in 1995, morethan 1,000 cases have been handled, including more than 500 criminal cases and500 commercial disputes. He accumulated rich experience in handling cases andachieved good results. He also served as a legal consultant for severalcompanies, including several listed companies and state-owned enterprises. Inthe field of criminal defense and commercial dispute litigation, he dealt witha number of major cases, important cases both in and out Zhejiang province,including the bribery case of a former leader in Hangzhou reported by QianjiangEvening News, DUSHIKUAIBAO, the intentional homicide of Fan XX that the SupremeCourt appoints retrial, the Judge's second instance for the first case ofsulfuric acid injury in China, the commercial dispute case of 'Oil ProductGate' in a certain Oil Company in Hangzhou, the dispute over the Import andExport contract of a Zhejiang Company of nearly 100 million Yuan, the case ofillegal absorption of public deposits of HUA XX from Quzhou Real EstateDevelopment Co., Ltd., more than ten cases of commutation of death penalty.

Any case is just one of many casesfor a lawyer, but for a client it may only be such a lawsuit for a lifetime.Whether the lawyer is serious or not directly affects the client, so as toinfluence his view of the entire legal profession. So he is always considercarefully and never made decision lightly.

Award:

'Top-Ten Best People's SatisfiedLegal Worker in Hangzhou City',

'Top-Ten Outstanding CriminalDefence lawyer in Hangzhou',

the second prize of seminar ontheoretical and practical dissertation selected by Zhejiang LawyersAssociation.

Main cases:

He undertook typical cases ofcriminal operations. Theft case concerning YANG XX was identified as larceny inthe first instance and the amount was extremely huge. He was sentenced to deathand be executed immediately. After the lawyer's efforts, the second trialchanged the charge to the crime of duty embezzlement and sentenced to 10 yearsimprisonment;

the murder case concerning FAN XXthat stirred Wenzhou had been lasting for 6 years since 2000. After the firsttrial of Wenzhou Intermediate Court, the second trial in Zhejiang High Court,the retrial of the Supreme People's Court and over six years' unremittingendeavor by the lawyer, the involved party was sentenced to the lifeimprisonment and exempted from the capital punishment;

Two victims were killed in aneighborhood dispute in the case of intentional homicide by ZHOU XX. Afterefforts, the Supreme People's Court sent the case back to the Provincial HighCourt for a retrial, and commuted to a two-year reprieve of the death penalty.

In the case of fraud byimpersonating State leaders in Zaozhuang, Shandong Province, the case wasrevoked by the investigating and prosecuting apparatus and the involved Partywas acquitted after the lawyer's efforts.

In the case of theft of WANG XX incertain university of Hangzhou, in the end, the procuratorial organ made thedecision not to prosecute the criminal case after the lawyer's efforts.

The case of bribery of certainDistrict Party Committee Secretary in Hangzhou City (Deputy-Department-Directorlevel) was listed as one of the major and serious criminal cases in ZhejiangProvince in 2010.

The case that the Chairman ofcertain Real Estate Development Co., Ltd. in Quzhou illegally absorbed publicdeposits and withdrew capitals of RMB 460 million. After the efforts of allparties, the court finally sentenced the suspended sentence.

He handled the fund-raising fraudcase of HUANG XX, second instance of fund-raising fraud of ZHANG XX, secondinstance for the first case of injury judge by sulfuric acid in China reportedby the media, the bribery case of the former Director General of TobaccoMonopoly Bureau in certain city, the case of smuggling of ordinary goods by CAIXX.

He handled cases of civil andcommercial and corporate legal affairs, for example, equity transfer case of XXTools Co., Ltd. in Hangzhou, equity transfer case of a certain Electronics Co.,Ltd. in Hangzhou, equity transfer case of XX Co., Ltd. in Shangyu, dispute caseof 'Oil Product Gate' in XX Oil Company of Hangzhou, dispute over Import andExport contract of XX Material Co., Ltd. in Zhejiang, dispute over contract ofsale and purchase of an Import and Export Company in Zhejiang province, secondinstance of Folk loan dispute in XX Textile Co., Ltd. in Jiangshan.

He cooperated with manyenterprises, such as China Great Wall Asset Management Company, China OrientAsset Management Corporation, Zhejiang Zheshang Asset Management Co., Ltd.,Sinopec Zhejiang Branch, Agricultural Bank Zhejiang Branch, Ping An BankHangzhou Branch, China Jushi Co., Ltd. (Listed company), Matsuoka Mechatronics(China) Co., Ltd. (listed company controlling shareholder), Hangzhou ZhongyiIndustrial Co., Ltd. (IPO declaration enterprise), Konka Group Co., Ltd.,Zhejiang Shuren University, Hangzhou Shangcheng District Safety SupervisionBureau, Legal system Office in Shangcheng District of Hangzhou City, KaixuanStreet Office, Jianggan District of Hangzhou City, Hangzhou Anjia Real EstateDevelopment Co., Ltd., Han Meilin Museum of Art.

Articles published:

The Reference of Plea TransactionTo Criminal Procedure in China,

On the Construction of theObjection System of Jurisdiction in Criminal Litigation in China: A Case Studyof Regional Jurisdiction;

On the Judicial Application of theCrime of False Litigation,

  On the Protection ofVictims' Rights in Criminal Cases.


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