May is bright and sunny. On the afternoon of May 26, 2023, Lawyer Li Xiaomeng, Director of Beijing Geyun Law Firm, was specially invited to share a special topic on "Black Box Theory and Criminal Defense" at the 8th episode of Gaopeng Criminal Lecture Hall. Lawyer Dong Xiaohua, Director and Senior Partner of Gaopeng Criminal Committee, presided over the presentation.

Lawyer Dong Xiaohua

Lawyer Li Xiaomeng has been deeply involved in the criminal field for many years, specializing in various criminal defense and enterprise criminal risk prevention. Before transitioning to become a lawyer, she had thirteen years of experience in procuratorial work, with a strong theoretical foundation and rich practical experience. The theme and thinking of this lecture are based on his three principles: observation from an interactive perspective, hints from personally handling cases, and criticism based on optimistic expectations.

Lawyer Li Xiaomeng

Simply put, the meaning of black box theory is to deduce the structure, function, and operating mode of an unknown system by observing its input and output, without interfering with the exploration of its internal structure and related factors. Areas or systems that people do not know are called "black boxes". There is a widespread "black box" problem in social life that cannot be observed but can be controlled, and the operation of justice is no exception.

Lawyer Li Xiaomeng conducted in-depth analysis from four aspects: the basic contradiction between the black box operation and human needs in judicial work, confession and punishment and the black box, coercive measures and the black box, and trial and the black box, providing a relevant evaluation of our current judicial reform status. Including judicial fraud and case interference caused by black box operation; The issue of the procuratorate's right to suggest sentencing in the system of confession and punishment, the issue of listening to lawyers' opinions and decision-making procedures, and the relationship between signing a confession and punishment statement and not prosecuting; The closure of the review and arrest procedure in compulsory measures, the imperfection of the psychiatric appraisal procedure, the lack of function in reviewing the necessity of detention, the practical effect of the integration of arrest and prosecution, and the value of the criminal appeal system; There are a series of issues in the trial process, such as the difficulty of witnesses appearing in court to testify, the difficulty of not holding a second trial, and the drawbacks of the decision-making power of the trial committee.

Lawyer Li Xiaomeng's sharing is problem-oriented, with problem-solving as the expectation, based on reality, solid theory, clear logic, and resounding, providing many references and inspirations for the work of criminal defense lawyers.

As Lawyer Li Xiaomeng concluded, the black box should also be the focus of all efforts. The reality is not perfect, and it is even more necessary for us to believe in and explore the rule of law. We adhere to the ideal starry sky of looking up to the cause of criminal defense with a pragmatic and professional attitude, as we follow the direction of our hearts and actions.