Kangda Law Firm

Civil and Commercial Dispute Resolution, Criminal Law and Defense

Senior Partner

Lawyer ZHANG Baojun joined Kangda Law Firm in 2006. He is now a senior partner and lawyer of Beijing Kangda Law Firm, a member of the management committee of Kangda Law Firm, and the director of the criminal defense professional committee of Kangda Law Firm.

ZHANG Baojun focuses on commercial litigation and arbitration, and has rich experience in major commercial dispute resolution fields such as companies, securities and finance, private equity and investment funds, real estate, and construction projects; He is also very good at criminal defense and agency, criminal compliance/anti-corruption investigation. He has represented more than 200 major, difficult and complex commercial disputes and criminal cases, and has successfully investigated several anti-corruption cases. The main achievements are as follows:

（1） Litigation/arbitration

1. In the "Securities Investment Collective Fund Trust Plan" jointly established by Guojie Zhongying, Beijing Qiansheng, and Guangfa Bank to participate in the Kangni Electromechanical Restructuring Longxin Technology Directional Additional Offering Dispute Case, as the agency's agent, he filed a claim for the misrepresentation of securities fraud and infringement in the process of the aforementioned increase, involving an amount of 340 million yuan.

2. In the case of an asset management contract dispute between Tianjin Bangchuang Asset Management Co., Ltd. and Huafu Fund Management Co., Ltd., as a special consultant of Tianjin Bangchuang, he analyzed and demonstrated the possible criminal crimes and formulated a civil claim plan, involving 120 million yuan.

3. In the case of the dispute over the entrusted loan contract between the plaintiff Jiaxing Yuhong Investment Partnership (Limited Partnership) and the defendant Kunming Datian You Real Estate Development Co., Ltd., the defendant Ma Yuan, the defendant Yunnan Zitian Culture Communication Co., Ltd., and the third person Fudian Bank Co., Ltd. Kunming Zhengyi Road Sub-branch, as the agent of the plaintiff Jiaxing Yuhong Investment Partnership (Limited Partnership), Acting as an agent in the second instance and implementation of the case in the Supreme People's Court, and participating in the design, negotiation, document drafting, etc. of the debt restructuring plan, involving more than 500 million yuan.

4. According to the entrustment of China Huarong Asset Management Co., Ltd. Hebei Branch, in the case of dispute over the disposal of non-performing assets between the client and Beijing Hongyuan Investment Group Co., Ltd. and its subsidiary, Beijing Xincheng Vision Real Estate Co., Ltd., the agent applied to the Beijing Third Intermediate People's Court for the enforcement of notarized debt instruments. The amount involved in the case was 260 million yuan, facilitating the parties to reach an enforcement settlement.

5. As the litigation/arbitration agent of seven bondholders, including CITIC Securities and Huarong Securities, in the case of the "12 Richness Bonds" resale dispute over the private placement of Zhifu Leather SMEs, he acted as an agent in litigation and arbitration at the China International Economic and Trade Arbitration Commission, Beijing Third Intermediate People's Court and other litigation and arbitration work. The principle involved in the case was 150 million yuan, and all of them won the case. At present, he has entered the implementation stage.

6. Entrusted by IDG Capital, I acted as an agent for the financing dispute and cooperation dispute between IDG Capital and a real estate development company in Beijing, involving more than 380 million yuan, of which the financing dispute case has won all the lawsuits, and all the principal and interest and liquidated damages have been recovered through the implementation procedures; Provide legal services for the design of IDG capital equity investment documents, legal risk analysis, and prevention of investment projects.

7. In the arbitration case of Applicant Reputation Group Co., Ltd. v. the respondent, Mr. Wen, as the arbitration agent of the respondent, in relation to the equity transfer dispute of Shenzhou High-Speed Railway Technology Co., Ltd., the applicant claimed 300 million yuan. Under the circumstance that the case and evidence were extremely unfavorable to the respondent, the applicant successfully persuaded the arbitration tribunal to reduce the liquidated damages to more than 40 million yuan, greatly safeguarding the legitimate rights and interests of the respondent.

8. Entrusted by Huaxia Fund, it investigated the economic problems existing in its original management, studied and formulated solutions, and assisted the client to recover nearly 200 million yuan of illegal funds through negotiation. The handling result of the case was fully affirmed and praised by the Central Inspection Group and the National Audit Office.

9. Under the joint entrustment of China Development Investment Corporation and Suzhou Gaoxin Guofa Venture Capital Co., Ltd., it provided legal services in the case of private equity investment (PE) disputes between its equity investment fund and its founding shareholders, involving 250 million yuan.

10. Kunming Taikang Group Co., Ltd. sued Kunming Wuhua District Youying Community Second Joint Stock Cooperative, Kunming Hongyun Office Youying Community Neighborhood Committee, and other land lease contract disputes, represented the appellant Kunming Taikang Group Co., Ltd. in the second instance of the Supreme People's Court, involving 140 million yuan in the subject matter.

11. As the agent of the plaintiff, I acted as the agent of CIMC Construction Group Co., Ltd. v. Anhui Huangshan Tourism Co., Ltd. in the first instance of the Anhui Higher People's Court on the construction project contract dispute. The amount involved in the case was 150 million yuan, and the case won. At present, part of the case funds has been recovered.

12. As the agent of Yixing Taihu Foundation Engineering Co., Ltd., I acted as the agent of Yixing Taihu Foundation Engineering Co., Ltd. in suing Tianjin Huijing Real Estate Development Co., Ltd., Tianjin Goldman Sachs Real Estate Development Co., Ltd., Tianjin Taiji Real Estate Development Co., Ltd., and Tianjin Shengchang Real Estate Development Co., Ltd. for a series of construction project construction contract disputes, and won all the judgments, involving more than 50 million yuan.

（2） Criminal Defense

1. He served as the defender of the case of Mr. Cheng, the former general manager of CITIC Securities, suspected of accepting bribes and illegally obtaining state secrets. This case was a central special case. After the effective defense, he was sentenced to three years and six months under the condition of combined punishment for several crimes, which protected the legitimate rights and interests of the parties to the greatest extent and were highly recognized by the parties.

2. Entrusted by his family members, he served as the defender of the first and second trials of the case of Liu Moumou, the former director of the Price Department of the National Development and Reform Commission, who was suspected of bribery. The case was a central project. The defender overcame difficulties and pressure and made unremitting efforts to safeguard the legitimate rights and interests of the parties.

3. Entrusted by his family members, he served as the defender of the case of Lu Moumou, a member of the CPC Hubei Provincial Committee and the former executive vice president of the Hubei Higher People's Court, who was suspected of bribery, corruption, and abuse of power. Through the persistence and resistance of the defender, he overturned the allegations of corruption in the indictment and successfully eliminated some illegal evidence.

4. Entrusted by his family members, he served as the defender of Bao, the former director of the Welfare Lottery Center of the Ministry of Civil Affairs, in the case of bribery. This case is a central special case and has been transferred for prosecution.

5. As the defender of Chu's suspected corruption case, Chu is one of the "100 international red wanted persons" in the "Skynet" action of the Central Pursuit Office. After nearly half a year of hard negotiation and mediation with the Central Pursuit Office and the Shandong Provincial Procuratorate, he finally succeeded in urging Chu to return to China for investigation and won the maximum rights and interests for the parties within the current policy and law.

6. Entrusted by his family, he served as the defender of the case of a member of the CITIC Securities Executive Committee and a deputy general manager, Xu, who was suspected of insider trading. The case was finally closed by the termination of the investigation.

7. He served as the defender of the case that Yang, the former chairman and president of Hairun Guangfu, a listed company of the Shanghai Stock Exchange, known as China's "Godfather of Photovoltaics", was suspected of insider trading. This case is a major case of securities and futures supervised by the central leadership and has entered the trial stage;

8. Served as the defender of Zhang Moumou, the defendant in the case of Shanghai Lanbao Optoelectronics Co., Ltd. suspected of falsely issuing special VAT invoices. The case was a major economic crime supervised by the Ministry of Public Security and designated by the Ministry of Public Security to be administered in other places, involving more than 300 million yuan. After the effective defense, Zhang was successfully prompted to withdraw the charges against the case by the public prosecution organ and was acquitted.

9. Served as the defender of Liu Moumou, the defendant of Gansu Northwest Exchange in the case of suspected cyber fraud, which was a huge cyber fraud case in the "3 · 20" special case against illegal spot trading market supervised by the Ministry of Public Security in 2014. After the defender's insistence and effective defense, the procuratorial organ finally made a decision not to prosecute, and the defendant was acquitted.

10. Served as the defender of Song's suspected insider trading crime, which is a major cause of securities and futures supervised by the central leadership. After the effective defense, Song was declared suspended according to law and achieved good defense results.

11. Served as the defender of Zhang Moumou, deputy general manager of Anhui Zhongwang Pharmaceutical Co., Ltd., suspected of environmental pollution crime. This case is a major environmental pollution case listed and supervised by the Supreme People's Procuratorate. CCTV "Focus Interview" has carried out special reports twice. After the effective defense of the defender, the court finally sentenced the defendant Zhang Moumou to a fine only.

12. Served as the defender of Chen Moumou, the director general manager of Guotai Jun'an Investment Banking Department, who was suspected of bribery, bribery of non-state staff, and disclosure of insider information. This case is a major securities-related crime case designated by the Supreme People's Procuratorate to be administered in another place. At present, the case has entered the court trial stage.

13. Li Moumou, the legal representative of Xinjiang Boshi Real Estate Development Co., Ltd., was the defender of the case that he was suspected of evading the payment of taxes owed. During the review and approval of the arrest, all the defense opinions issued to the Urumqi People's Procuratorate were accepted, and the procuratorial organ finally made a decision not to approve the arrest.

14. Entrusted by his family members, he defended the case of Feng Moumou, the former president of the Bank of China Ji'an Branch, who was suspected of accepting bribes. Using the rule of exclusion of illegal evidence, he successfully ruled out the illegal evidence obtained by the investigating authority by extorting confessions by torture, effectively safeguarded the legitimate rights and interests of the parties, and created a precedent for the judicial circles in Jiangxi Province to successfully rule out illegal evidence.

（3） Legal Counsel

He has successively served as the perennial or special legal adviser of financial institutions and large enterprises such as China Huarong, CITIC Securities, Huaxia Fund, China Comfort Group, Beijing Chang'an Investment Group, etc.

Chinese

Master of Law, Nanjing University