Qian HUANG Partner
Dispute Resolution | Regulatory and Compliance
+86 10 5650 0898 qian.huang@meritsandtree.com Beijing

Ms. Qian Huang is a partner at Merits & Tree. Prior to joining Merits & Tree, Ms. Huang served as a partner at AnJie Broad Law Firm and a managing partner at Beijing B&D Law Firm. She worked in the criminal investigation department of public security organs for many years.

 

With 20 years of experience in dispute resolution, Ms. Huang focuses on white-collar and corporate-crime defence and has secured multiple acquittals, non-prosecution decisions and lenient sentences. In high-stakes civil & commercial disputes she designs end-to-end solutions, especially in construction, share-holding (corporate-control) conflicts and cross-disciplinary matters that straddle criminal, civil and administrative law. She has won landmark cases before the Supreme People’s Court and Higher People’s Courts. Ms. Huang, as a drafter of the Effectiveness Evaluation of SME Compliance Management Systems group standard and  a senior compliance trainer certified by the Ministry of Industry and Information Technology, possesses unique insights and practical experience in establishing compliance management systems for central and SOEs. She has provided special legal services to numerous state-owned and group enterprises, including internal criminal compliance risk audits, anti-corruption compliance due diligence, and compliance system development.

Achievements
Criminal Defence
  • A case of Li in the crime of graft (successful innocent defense)
  • A case of Li in the crime of intentional injury (successful innocent defense)
  • A case of Miao, General Manager of a mining company in Hebei, in the crimes of bribery of non-state functionaries and illegal mining (successful non-prosecution defense)
  • A case of Chen, General Manager of a company in Hainan, in the alleged crime of involving an evil force group (successful defense for not constituting an evil force group and innocent defense on three counts)
  • A case of Luo, General Manager of a Beijing-based company, in the crime of bribery (successful non-prosecution defense)
  • A case of a Beijing company in the crime of smuggling ordinary goods (successful defense for suspended sentence upon reversal in the second instance)
  • A case of the General Manager of a Wenzhou company in the crime of trade secret infringement (successful defense for suspended sentence)
  • A case of a Beijing company in the crime of falsely issuing special VAT invoices (successful defense for suspended sentence)
  • A case of a Heilongjiang company in the crime of smuggling ordinary goods (unit crime, successful defense for sentence below the statutory penalty with lenient punishment)
  • A case of a Beijing company in the crime of illegal operation (unit crime, successful defense for sentence below the statutory penalty with lenient punishment)
  • A case of Li in the crime of misappropriation of public funds (successful defense for lenient punishment)
  • A case of Shang, an employee of a well-known enterprise, in the crime of bribery of non-state functionaries (successful defense for lenient punishment)
  • A case of a foreign national (third party) in the matter of criminal-related property forfeiture (successful defense for reversing the judgment in the second instance and recovering all losses)
  • A case of the actual controller of an Inner Mongolia construction company in the crimes of unit bribery and money laundering (successful defense for lenient punishment for combined offenses)
  • A case of Xin in the crime of falsely issuing VAT invoices (unit crime)
  • A case of the General Manager of a Beijing energy company in the crime of falsely issuing VAT invoices (unit crime)
  • A case of the actual controller of an Inner Mongolia mining company in the crime of contract fraud (unit crime)
  • A case of a senior executive of a Shandong state-owned enterprise in the crime of illegal mining (unit crime)
  • A case of a Guangxi group company in the crime of illegal occupation of agricultural land (unit crime)
  • A case of a company in Zhongshan, Guangdong, in the crime of smuggling ordinary goods (unit crime)
  • A case of Du, a state organ public servant, in the crime of bribery
  • A case of the actual controller of a Yunnan education company in the crime of operating a casino
  • A case of an oil company in Suihua, Heilongjiang, in the crime of illegal operation
  • A case of the Liu brothers and 33 others in Anhui in the crimes of organizing/leading/participating in a mafia-style organization
  • A case of the actual controller of a Shandong company in the crime of fraudulent loan
  • A case of a senior executive of a Shenzhen company in the crime of sabotaging production and operation
  • A case of Chen in the crime of drug trafficking
  • A case of Xu, General Manager of a Beijing company, in the crime of illegal absorption of public deposits
  • Retrial of a case of the General Manager of a Hebei company in the crime of intentional injury
  • Death penalty review of a case of Liu in the crime of intentional homicide (legal aid assigned by the Ministry of Justice)
  • Death penalty review of a case of Gao in the crime of robbery and homicide (legal aid assigned by the Ministry of Justice)
  • Death penalty review of a case of Pan in the crimes of drug smuggling and trafficking (legal aid assigned by the Ministry of Justice)
  • Death penalty review of a case of Piao in the crime of intentional homicide (legal aid assigned by the Ministry of Justice)
  • Death penalty review of a case of Jiang in the crimes of drug smuggling and trafficking (legal aid assigned by the Ministry of Justice)
  • Death penalty review of a case of Wang in the crime of robbery resulting in death (legal aid assigned by the Ministry of Justice)
Corporate Compliance (Compliance System Construction/Criminal Compliance Construction for Central and State-Owned Enterprises)
  • Provided special legal advisory services on compliance system construction for China National Building Materials Industry Geological Exploration Center (a subsidiary of China National Building Materials Group, a central enterprise);
  • Provided special legal services for criminal compliance investigations of an Inner Mongolia group;
  • Provided special criminal compliance legal services for a Chinese investment holding company;
  • Provided criminal risk control legal advisory services for a Nanning-based investment company;
  • Provided special criminal compliance legal services for a Beijing-based asset management company;
  • Provided special criminal compliance legal services for an energy listed company;
  • Provided criminal compliance expert demonstration for Ping An Life Insurance Company of China, Beijing Branch;
  • Provided compliance consulting services for China Democracy and Legal System Press Co., Ltd. (a subsidiary of China Publishing Group);
  • Provided special legal services on compliance obligation consulting for Capital Airport Group Corporation;
  • Provided special legal services for internal anti-corruption due diligence of a Shanghai apparel company;
  • Provided special legal services for internal anti-corruption due diligence of a Harbin pharmaceutical listed company.
Special Assets, Restructuring and Insolvency
  • Second-instance case of construction contract dispute between Heilongjiang Anbang Real Estate Development Co., Ltd. and Jiangsu Jinjian Construction Group Co., Ltd. (reversed and remanded for retrial by the Supreme People's Court)
  • Second-instance case of construction contract dispute between Shenyang Xingchen Real Estate Development Co., Ltd. and Jiangsu Shuntong Construction Group Co., Ltd. (reversed by the Supreme People's Court)
  • Second-instance case of equity transfer contract dispute between Ban Guangxi, Zhou Lin and Guizhou Xingren Denggao New Materials Co., Ltd. (reversed and remanded for retrial by the Supreme People's Court, disputed amount: 1.4 billion RMB)
  • Retrial application case of sales contract dispute between Beijing Urban Construction Group Co., Ltd. Chongqing Branch, Chongqing Yaolian Trading Co., Ltd., Chongqing Degan Construction and Installation Engineering Co., Ltd., etc. (heard by the Supreme People's Court)
  • Retrial application case of construction contract dispute between Jiangsu Vocational Institute of Economics and Trade, Yanzhou Dongfang Electromechanical Co., Ltd., Yankuang Donghua Construction Co., Ltd., etc. (heard by the Supreme People's Court)
  • Protest case of cooperative real estate development between Sanya Tiankuo Real Estate Co., Ltd. and Hainan Hailian Industry and Trade Co., Ltd. (heard by the Supreme People's Court, disputed amount: over 200 million RMB)
  • Retrial case of loan contract dispute between Chinalco Foshan International Trade Co., Ltd. and Zhaoqing Dinghu Tianbiao Investment Co., Ltd. (heard by the Supreme People's Court)
  • Appeal and application case of construction contract dispute between Tianjin Xianxing Real Estate Development Co., Ltd. and China State Construction Sixth Engineering Bureau Civil Engineering Co., Ltd. (heard by the Supreme People's Court)
  • Secured a favorable judgment for Beijing Urban Construction Group Co., Ltd. in the construction contract dispute with Guangzhou Baoneng Culture and Entertainment Co., Ltd. (formerly Guangzhou Kaide Culture and Entertainment Co., Ltd.) (second instance by Guangdong Provincial Higher People's Court)
  • Secured a favorable judgment for Beijing Urban Construction Group Co., Ltd. Chongqing Branch in the house sales contract dispute with Chongqing Keqiang Real Estate Development Co., Ltd. (heard by Chongqing No.1 Intermediate People's Court)
  • Retrial case of private lending dispute involving Xi'an Shicheng Real Estate Co., Ltd. (successful criminal-civil cross dispute case, disputed amount: 200 million RMB, retrial filed by Zhejiang Provincial Higher People's Court)
  • Loan contract dispute, mortgage contract dispute and guarantee contract dispute between Beijing Huichen Investment Management Co., Ltd., Huizhou Haichen Real Estate Co., Ltd., etc. and Guangdong Shengjian Group Co., Ltd., Guangzhou Rural Commercial Bank Co., Ltd. Liwan Sub-branch (heard by the Supreme People's Court)
  • Second-instance case of loan contract dispute between Guangxi Denggao Group Co., Ltd., etc. and Guizhou Golden Phoenix Industrial Investment Co., Ltd. (heard by the Supreme People's Court);
  • Retrial application case of private lending dispute between Liu Liankun and Wang Jiaqiang (heard by the Supreme People's Court)
  • Secured a favorable judgment for Jinkuidin (Tianjin) Trading Co., Ltd. in the second-instance sales contract dispute with Beijing Huiyuan Xiangguoyuan Food Co., Ltd. (reversed by Beijing No.3 Intermediate People's Court)
  • Secured a favorable judgment for Jiangxin Fund Management Co., Ltd. in the commercial arbitration arising from the asset management contract with Shanxi Houma Rural Commercial Bank Co., Ltd. and China Everbright Bank Co., Ltd. (heard by China International Economic and Trade Arbitration Commission (CIETAC), disputed amount: 100 million RMB)
  • Second-instance case of dispute over infringement of exclusive publishing rights between Changjiang Literature and Art Publishing House Co., Ltd. and Educational Science Publishing House (reversed by Beijing Intellectual Property Court)
  • Collective litigation of illegal fund-raising case involving a Shandong-based company (criminal-civil cross dispute)
  • Collective litigation of illegal fund-raising case involving a company (criminal-civil cross dispute).
Major Publications
  • Research on Crimes of Embezzlement and Bribery
  • On the Culpability and Innocence of Major Flight Accidents—From the Conviction of the Captain in the Yichun Air Crash
  • Drugs: An Unbearable Sorrow for Life—Legal Provisions on Drug-Related Crimes and Violations from the "Pilot Drug Abuse Case"
  • On the Culpability and Innocence of Obtaining Compensation by Purchasing Flight Delay Insurance with Others' Identities
  • Criminal Legal Issues During the COVID-19 Pandemic
  • Why Corporate Criminal Compliance Systems Are Imperative
  • The Implementation of the "Data Security Act" and Responses to Data Protection Compliance Risks
  • Can Private Equity Funds Be Regulated by the Crime of Breach of Trust in the Use of Entrusted Property?
  • Corporate Compliance Supervision of Invoice-Falsifying Behaviors from a Criminal Law Perspective
  • Under Strict Supervision, Corporate Anti-Money Laundering Criminal Compliance Governance Should Shift from "Rule-Based" to "Risk-Based"
  • "Amendment to the Criminal Law (XII)"—Private Enterprise Corruption Governance Will Become a New Trend in China's Anti-Corruption Field
  • Criminal Boundaries and Regulation of Market Manipulation and Malicious Short Selling
  • Criminal Risks and Compliance Suggestions for Generative AI Service Providers
  • Under Nominee Shareholding, Should the Bankruptcy Claims of Actual Contributors Include Equity Appreciation Income?
  • Performance of Duties by Bankruptcy Administrators—Legal Issues Involved in a Central Enterprise Bankruptcy Case
  • Do Bankruptcy Administrators Have the Right to Rescind House-for-Debt Contracts Without Transfer Registration?
  • Interpreting HNA Group's Bankruptcy and Corporate Reorganization from a Legal Perspective
  • Should the Performed Part of Contracts Continued to Be Performed in Bankruptcy Reorganization Be Recognized as Administrative Claims?
Honors
  • Beijing Chaoyang Lawyers Association: Industry Contribution Award (2015-2018)
Social Positions
  • Member of the 4th Party Building Work Committee, Beijing Dongcheng District Lawyers Association
  • Member of the 11th Criminal Practice Research Committee, Beijing Chaoyang Lawyers Association
  • The Secretary-General of the Second Member Affairs Committee, Beijing Chaoyang Lawyers Association
  • Deputy Director of the Third Criminal Specialization Committee, Beijing Chaoyang Lawyers Association
  • Representative/Director of the Fourth Lawyers' Congress, Beijing Chaoyang Lawyers Association
  • Member of the 12th Criminal Law Committee, Beijing Bar Association
Education

LL.M., Central University of Finance and Economics

Admissions

PRC Bar

Language
Chinese  English

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