第三届中国矿业律师30人论坛暨新矿法学习会和非法采矿案实务培训会于京师律所圆满举行

In order to implement the spirit of the Third Plenary Session of the 20th CPC Central Committee, deeply study the new Mineral Resources Law, promote the construction of mining rule of law, improve the level of mining legal services, achieve high-quality and sustainable development of the mining industry, ensure the safety of energy and minerals, and support the mining industry to "go global", the Third China Mining Lawyers 30-person Forum and the New Mining Law Study Session and Illegal Mining Case Practice Training Session were successfully held in the lecture hall on the first floor of the Beijing Lawyers Building from November 16 to 17 , and carried out mining practice and theoretical learning, exchanges, and seminars around the new "Mineral Resources Law".

This conference was hosted by the Mining Law Innovation Research Alliance and its sponsors, organized by Beijing Jingshi Law Firm and Beijing Kuangye Consulting Co., Ltd., and jointly supported by the China Natural Resources Society, China Mining Rights Appraisers Association, and China Mineral Resources and Materials Application Collaborative Innovation Platform. It was co-organized by the Resource Law Professional Committee of the China Natural Resources Society, the Natural Resources Law Research Center of the Natural Resources Strategic Development Institute of China University of Geosciences (Beijing), the Law Department of China University of Geosciences (Beijing), the Law Department of China University of Geosciences (Wuhan), the Law Department of China University of Mining and Technology (Beijing), the Mineral Resources Legal Affairs Department of Jingshi Law Firm, and the Criminal Professional Committee of Jingshi Law Firm (National).

Professor Hu Desheng , director of the Resource Law Committee of the China Society of Natural Resources , and Lawyer Cao Xusheng , researcher at the Natural Resources Legal Research Center of China University of Geosciences (Beijing) , spoke separately, reviewing the revision process of the Mining Law from different perspectives, sharing the similarities and differences between the old and new Mining Laws, interpreting the latest provisions of the new Mining Law, expressing expectations for supporting administrative regulations and departmental rules, affirming the many benefits of the new Mining Law, and calling on all sectors to seriously study and implement the new Mining Law.

 

Hu Desheng, director of the Resource Law Committee of the China Society of Natural Resources, gave a speech entitled "Using the advantages of universities to promote more exchanges and interactions among mining law professionals". Lawyer Cao Xusheng , member of the Environmental and Energy Committee of the All-China Lawyers Association and deputy director of the Natural Resources, Energy and Environmental Protection Committee of the Beijing Lawyers Association, gave a speech entitled "Using think tank thinking to build a team of mining lawyers".

Meng Lei , director of the Law School of China University of Geosciences (Beijing) and director of the Natural Resources Rule of Law Research Center, gave a speech entitled "Using research projects to resolve mining bottlenecks". Zhai Shemin , legal adviser to the Shaanxi Provincial Department of Natural Resources and senior partner of Shaanxi Renhe Wanguo Law Firm , gave a speech entitled "Innovative legal services for mining administration under the background of the new mining law". Wen "How mining lawyers can help mining companies develop high-quality through ESG services". Liu Jinyan, deputy secretary-general of the Natural Resources, Energy and Environmental Protection Professional Committee of the Beijing Lawyers Association, gave a speech entitled "EOD business prospects for mine ecological restoration".

Hu Desheng , director of the Resource Law Committee of the China Society of Natural Resources , Meng Lei , and Cao Xusheng, deputy director of the Natural Resources, Energy and Environmental Protection Committee of the Beijing Lawyers Association , conducted in-depth discussions on the construction of the mining lawyer team, business improvement, mining law publicity, ensuring the safety of mineral resources and helping the mining industry go global.

The conference also held a launching ceremony for the preparation of the Mineral and Energy Law Professional Committee of Jingshi Law Firm (National). Lawyer Cao Xusheng , the person in charge of the preparation of the professional committee, said that Jingshi Law Firm will take advantage of the introduction of the new Mineral Law and Energy Law and the reconstruction of the mineral and energy legal system to unite the mining lawyers and energy lawyers of Jingshi Law Firm's national system to establish the Mineral and Energy Law Professional Committee of Jingshi Law Firm (National), and contribute Jingshi's wisdom and strength in the popularization of the Mineral Law and Energy Law, the construction of mining rule of law, compliance management of mining enterprises, and mining legal services.

Lawyer Cao Xusheng, director of the Mineral Resources Law Affairs Department of Beijing Jingshi Law Firm, shared "The Kung Fu Outside the Court - Experience and Skills in Defending Innocence in Ten Illegal Mining Cases", Lawyer Shen Sheng, partner of Beijing Yu Ren Law Firm, shared "The Whole Story of the Innocence of the Illegal Mining Case in Arshan", and Lawyer Mao Xiaoda, director of Liaoning Zhouxuan Law Firm, shared "Experiences in Defending Innocence in the River Sand Mining Case".

Gong Yufei, director of the Review Center of the China Mining Association, explained "Interpretation of professional issues on illegal mining and the importance of on-site inspections and expert appearances in court", and Wang Ji, general manager of Zhejiang Zhiyuan Asset Appraisal Co., Ltd., explained "Several issues that need attention in illegal mining from the perspective of appraisers".

Chen Mingqiang, Chairman of Yong'an Oriental Mining Co., Ltd., shared "Mining Company Compliance and Staying Away from Illegal Mining from the Perspective of the Parties", Cao Siyue, an intern lawyer at Beijing Jingshi Law Firm , shared "Visualization of Illegal Mining Case File Reading and Criminal Defense from a Practical Perspective", and Zhu Mengni, Deputy Director of the Law School of China University of Mining and Technology (Beijing), shared "Review and Cross-Examination of Electronic Data".

Cao Xusheng, director of the Mineral Resources Legal Affairs Department of Jingshi Law Firm, released the "Illegal Mining Case Series of Legal Service Products 2024 2.0 Edition". This series of legal service products consists of product No. 1 on-site diagnosis and investigation, product No. 2 research and analysis and review, product No. 3 expert consultation and discussion, product No. 4 three-dimensional video demonstration, and product No. 5 case defense agency.

The roundtable meeting was themed "Participants in the litigation talk about how to handle illegal mining cases" , and Cao Xusheng, director of the Mineral Resources Law Department of Jingshi Law Firm, served as the moderator. Chen Haibin, senior partner of Hunan Hongrui Law Firm , emphasized the dispute over the legality of resource collection and pointed out the government's criteria for judging resource collection behavior; Yang Jiawen, director of the Management Committee of Beijing Jingshi (Quanzhou) Law Firm , discussed the application of residential surveillance measures, lawyers' preparation work, and the time span required for case handling; Yao Xuefei , member of the Environmental Resources and Energy Law Professional Committee of the All-China Lawyers Association , introduced the exchanges between lawyers and in-depth participation in specific cases, especially in the defense of mining, taxation and other fields, which presents new challenges and opportunities. Li Qi Guang , a postdoctoral fellow in criminal law and deputy secretary-general of the Criminal Professional Committee of Beijing Law Firm (National), said that lawyers must continue to pay attention to new judicial interpretations and continuously deepen their understanding of professional fields to cope with increasingly complex professional needs; Hu Desheng, director of the Resource Law Professional Committee of the China Society of Natural Resources, explained the importance of professional judgment in handling cases where criminal law intersects with specific industries; Qi Guangming, director of Beijing Daocheng (Tongliao) Law Firm, emphasized the necessity of achieving moderate entrepreneurship and ecological protection within the scope of designated mining rights, in order to promote sustainable development and environmental protection.

During the exchange and discussion session, participants raised their own views and confusions around the core issues of the newly revised "Mineral Resources Law" and had a lively discussion with the experts. Many participants said that through this lively discussion, they had a deeper and more comprehensive understanding of the newly revised "Mineral Resources Law" and looked forward to applying what they had learned to their actual work and contributing to the rational development and utilization of mineral resources.

Subsequently, Zhao Shaoning , director of the Mining Law Department of Jingshi (Xi'an) Law Firm, Yang Jiawen , director of the Management Committee of Jingshi (Quanzhou) Law Firm, Yao Xuefei , director of Beijing Tianchi Juntai (Taiyuan) Law Firm , Qi Guangming , director of Beijing Daocheng (Tongliao) Law Firm , and Chen Haibin, senior partner of Hunan Hongrui Law Firm, jointly took the stage to launch the awarding ceremony of the Mining Rule of Law Innovation Research Alliance.

The 3rd China Mining Lawyers 30-person Forum and the New Mining Law Study Session and Illegal Mining Case Practical Training Session have come to a successful conclusion. This conference has brought together the wisdom and professional strength of many parties, and put forward forward-looking insights and creative ideas around the hot issues of mining law practice and the future development vision, taking a solid step towards the high-quality development of mining legal services. In the future, Jingshi Law Firm will continue to promote the full integration of mining law theoretical research and practice, and strive to promote the mining legal service level to a new high!