Email:hjq138@tom.com
Tel:020-38559215
Fax:020-38673550
Educational Background:
PhD in Business Administration, Asia City University
Master of Laws, South China University of Technology
Part-time Positions (Partial):
1. South China University of Technology/Jinan University/Guangdong University of Foreign Studies Graduate Student External Tutor
2. Shaoguan Municipal People's Government/Guangzhou Chamber of Commerce for Foreign Invested Enterprises Legal Adviser
3. Former National Development and Reform Commission/Hunan Development and Reform Commission/China University of Political Science and Law Legal Group Expert of Infrastructure Investment and Financing Expert Database
4. Guangzhou / Beihai / Shaoguan / Zhaoqing / Zhanjiang / Jiangmen Arbitration Commission arbitrator
5. Deputy Director of the 12th Construction Engineering Law Committee of Guangdong Law Association
6. Expert member of Shanghai Jibang Engineering Consulting Company and Guangzhou International Engineering Consulting Company
7. Hearing officer of Guangzhou Yuexiu District People's Procuratorate
8. External tutor of Guangdong College of Applied Science and Technology
Personal Profile:
Huang Jianqiu worked in a global top 500 central enterprise for more than 8 years. During his work in the enterprise, he participated in the bidding, investment and financing of many infrastructure projects at home and abroad, and was responsible for the management of enterprise law, compliance, job crime and qualification, and industrial and commercial affairs, which gave him a deeper understanding of the legal work of state-owned enterprises.
As a practicing lawyer, Mr. Huang has served as legal advisor or provided special legal services for CCCC Group, China Construction Fifth Bureau, Guangzhou Construction Group, Guangsheng Group, Guangdong Province Animal Inspection Institute, Shanghai Construction Group, Vanke Guangzhou, Shaoguan Municipal Government and other units as well as the Hong Kong-Zhuhai-Macao Bridge, Foshan Metro, and other projects, but also for the Murray Cosmetics Group, Runchang Chemical Industry, Na'ai, Miaozhi Science and Technology, Jiangnan Institute of Science and Technology Education Institute and other well-known private enterprises and institutions to provide quality legal services.
Huang lawyers in recent years for many major complex and difficult civil and criminal cases, with solid legal skills and rich practical experience, can quickly grasp the key points of the case, for the parties to provide practical legal advice and coping strategies, achieved good results. Among them, Foshan underground construction along the damage compensation case, successfully for the client to reduce the loss of more than ten million yuan; Shenzhen, a company and Dongguan, a park purchase case, through the Provincial High Court retrial for the client to recover more than ten million yuan of losses; Shaoguan, a real estate company and Chongqing, a construction general contractor contract disputes in a series of cases, in the case of the general contractor does not cooperate with the closing works and acceptance of the situation, after the litigation judgement of the general contractor should be cooperated with the acceptance of the subsequent settlement disputes, lay the foundation, is expected to reduce losses for the client Foundation, is expected to reduce losses for the client over 100 million yuan, and for similar cases as a good model; Huangpu district, guangzhou city, a A embezzlement, embezzlement, abuse of power case, after remand, from the original sentence of 17 years and 6 months changed to 7 years; The former guangzhou public security system, a leader of the case of bribery, negligence of duty, yellow lawyers after research does not constitute negligence of duty, persuade the suspect to disavow the offence, and the views of the judge to accept, finally only a lenient sentence for bribery; The case of a construction contracting unit in Chongqing, a series of contract disputes. Eventually, only a light sentence for bribery; Foshan, a company suspected of intellectual property infringement, the company executives were taken into custody by the Jiangsu public security compulsory measures, Huang team of lawyers after analysis that the case is doubtful, should be dealt with in favour of the suspect, the case to the authorities to submit a number of legal opinions, and went to the local public security organs, the client was released the next day on bail pending trial, the lawyer team in the case of professional level of the public security organs and the reporting person The unanimous recognition of the public security organs and the reporting party.
Lawyer Huang also for the China Railway Construction Company, Shaoguan Municipal Government, Lechang City Government, South China University of Technology Alumni Association, Guangdong University of Foreign Studies, Guangdong Province and Guangzhou City Lawyers Association and other lectures on infrastructure construction and dispute resolution, leading cadres, job crime prevention, administrative reconsideration law, risk prevention of engineering projects, TOD development and other aspects of the course, the level of professionalism has been highly evaluated.
Handling cases (partial):
Civil Dispute Handling
1. The case of commodity house reservation contract dispute between Shenzhen So-and-so Technology Co., Ltd. and Guangdong So-and-so Industrial Investment Co., Ltd. was represented at the retrial stage, and the judgement was changed by the Guangdong Provincial High Court, which saved 12 million yuan of economic losses for the client;
2. The case of contract dispute of commodity house purchase and sale between Liang and Guangzhou So-and-so Real Estate Co., Ltd, the arbitration ruled that the developer had fundamentally breached the contract, and returned more than 56 million yuan of the purchase price to the client and compensated for the economic loss;
3. A series of cases of bill dispute and sale contract dispute between Shanghai So-and-So Materials Co. and Guangzhou So-and-So Real Estate Co., Ltd, which saved more than RMB 10 million of economic loss for the client;
4. The case of property damage compensation dispute between CCCC So-and-So Ltd. and Foshan So-and-So Investment Co., Ltd. etc., in which the pre-litigation appraisal conclusion was overturned by the court, and the client was spared nearly 7 million yuan of economic loss;
5. The case of construction contract dispute between China Construction So-and-So Company Limited and Dongguan So-and-So Management Company Limited, which was adjudicated after arbitration hearing and ruled that the general contractor should pay more than RMB 3 million for the project and the warranty deposit;
6. The case of civil loan dispute between Jin Moumou and Zhao Moumou, in the case of the first instance judgement against Jin Moumou, as its second instance lawyers for the appeal, after the lawyers to take evidence, reasoning, and ultimately the court of the second instance to support all the appeal requests, revoke the original judgement, for the client to save more than 10 million yuan of losses;
7. Guo Moumou and Li Moumou and others loan contract dispute case, in the case of being evidence of the raid, combing nearly a thousand pages of bank water, the court eventually ruled that all the debts do not have to bear our party, for the customer to save more than 43 million in losses;
8. Shaoguan real estate company and a construction engineering company in Chongqing contract disputes and other series of cases, the subject matter of about 150 million yuan. The construction unit did not co-operate with the acceptance, the original first instance that co-operation with the acceptance involves the authority of a number of administrative units, dismissed the lawsuit. After the parties entrusted our lawyers to intervene, the case was remanded for retrial and the judgement required the construction unit to co-operate with the acceptance inspection;
9. A real estate company in Huizhou and a real estate company in Shenzhen, a series of cooperation contract disputes, the subject matter of about 500 million yuan, acting on behalf of the Guangdong Provincial High Court in the second instance;
10. A factory merger and acquisition case in Foshan, representing the buyer and the seller in the whole process of dispute handling, and finally won the case and executed in place.
Criminal Defence
1. Ye's suspected cases of abuse of power, embezzlement and bribery were remanded for retrial. Through the efforts of our lawyer, the original sentence was changed from 17 years and 6 months to 7 years;
2.Hong Moumou suspected of intentional homicide case, the first trial was sentenced to death penalty for immediate execution. Our lawyer intervened in the second trial defence, and finally the Guangdong Provincial Higher People's Court adopted our lawyer's defence opinion and changed the sentence to death in the second trial, with a two-year reprieve from the execution of the death penalty;
3. In the case of the Guangzhou Jianye Building fire, the prosecutor charged the defendant with the offences of dereliction of duty and accepting bribes, but the lawyer thought that the defendant did not constitute the offence of dereliction of duty, and the court adopted the lawyer's opinion, and found that the defendant was guilty of accepting bribes only;
4. The Guangzhou New China Building developer suspected of intentional injury, refusing to execute the court's judgement and other crimes, was sentenced to probation, the impact of a large, various media reported many times;
5. Kwong suspected of fraud (according to the amount of money involved in the starting point of the sentence of more than 10 years), this lawyer after analysis that the defendant does not constitute fraud, but constitutes the crime of illegal business, the point of view was approved by the court, to illegal business sentenced to 2 years and 9 months;
6. The case of smuggling of ordinary goods (involving more than US$4 million) involving Wu was appealed and the sentence was reduced by 4 years by the Guangdong Provincial High Court;
7. Zhan was suspected of six crimes, namely embezzlement, illegal detention, collection of illegal debts, tolerating prostitution, illegal sale of land use rights, and illegal occupation of agricultural land, and was sentenced in the first trial to 17 years and 8 months. The lawyer intervened in the second trial, pointing out that a large number of facts were found to be unclear and the law was applied incorrectly, etc. The second trial adopted the lawyer's opinion and remanded the case for retrial;
8. Tian was suspected of opening a casino, with a starting point of 5 years, after the lawyer's study that it did not constitute the crime of opening a casino, the prosecutor's office adopted the lawyer's defence opinions during the review and prosecution stage, and eventually changed the sentence to gambling, with the sentence reduced from 5 years to 9 months;
9. Xie was suspected of bribery offence with serious circumstances, and the original sentencing recommendation was more than 5 years. Based on the mastery of the time of promulgation of the new law and the study of the case, our lawyer secured the client to be adjudicated in accordance with the new law, and the sentence was reduced by 2 years of imprisonment.
Dissertation Publications (partial):
1.2023 "Research on Issues of Online Shop Division in Divorce Cases", included in the collection of papers of Guangdong Law Society, and awarded with excellent prize;
2. 2021 "Research on the Nature of PPP Project Contracts and Dispute Resolution Mechanism Issues", published in the public number of Guangzhou Arbitration Commission;
3. 2018 "Interpretation of the Key Points of the New Policy on Government and Social Capital Co-operation (PPP) after the 19th National Congress", published in Guangzhou Chamber of Commerce for Foreign Invested Enterprises;
4. 2016 "Eight Legal Treasures of Law Firm Management", published in Guangdong Lawyer, Law New Society and Hangzhou Lawyer;
5. 2014 "Comparison of the Status of Lawyers in Mainland China and Hong Kong and its Implications", published in Law and Economy;
6. 2014 "Re-examining the offence of dereliction of duty from the case of a building fire in Guangzhou", published in Academic Theory;
7. 2009, interviewed by a reporter from China Reform Newspaper, published in "New Opportunities for Infrastructure Investment, BOT Project Investment - Trap or Pie? in 2009;
8. 2006, "BOT Project Investment in China", published in Times of Wealth Creation.