Criminal Code General Topics

Author: Zhao Bingzhi
Publisher:
Publishing Date: 2004-05-01
Features: Academic collections are the main components of a scholar's academic achievements and a concentrated reflection of their academic exploration over a certain period. Academic collections largely reflect the breadth and depth of the author's academic research, as well as their academic sensitivity and insight. Therefore, scholars place great importance on the organization and publication of academic collections. In the past, only academic giants were qualified to publish personal academic collections, and such collections often served as one of the markers of a scholar's "final verdict." This naturally made young scholars like us step back in awe. However, in recent years, the academic community and society at large have shown more tolerance and encouragement toward young scholars. Moreover, with the burgeoning development of China's legal profession and the urgent need to expand and flourish, middle-aged and young legal scholars have increasingly published personal collections, and I am fortunate to be among them. Six years ago, when I was approaching my fortieth birthday, China Legal Publishing House published four selected collections of essays under the general title "Series on Criminal Law Research": (1) "Studies on Issues of General Criminal Law"; (2) "Studies on Issues of Specific Criminal Law"; (3) "Studies on Issues of Criminal Law Reform"; and (4) "Studies on Issues of Outward-Oriented Criminal Law" (volumes 1 and 2). These collections can be said to reflect, from the perspective of thematic research, the trajectory of my exploration into criminal law theory and practice over more than ten years before 1996, with some achievements and joys, but also more shortcomings and regrets. Compiling and publishing these selected essays allowed for self-examination and reflection, as well as providing a platform for colleagues and readers to discuss and correct them. I sincerely thank China Legal Publishing House for its strong support at the time. Time flies, and six years have passed in the blink of an eye. Although I have long passed the age of forty, I still often feel (confused and overwhelmed) and have achieved very little. The only slight comfort I have is that in the garden of law and on the path of the rule of law, I have been working tirelessly and moving forward with determination. This time, I have selected and compiled four volumes of my papers over the past six years, serving as a continuation of the five-volume "Series on Criminal Law Research" published six years ago, and have entrusted them to a legal publishing house with which I and my working unit, the Criminal Law Science Research Center of Renmin University of China, have maintained close cooperation for many years. The first volume of this four-volume collection is "Special Studies on General Criminal Law," comprising 3 parts and 46 essays, which conduct relatively in-depth research on several important, novel, and challenging theoretical and practical topics in the macro aspects of criminal law, general theories of crime, and general theories of punishment. The second volume is "Special Studies on Specific Criminal Law," comprising 7 parts and 46 essays, which primarily delve into the in-depth and meticulous exploration of various new, challenging, and frequently occurring crimes in light of the 1997 new Criminal Law and judicial practice. The third volume is "Special Studies on Interregional Criminal Law of China," comprising 2 parts and 30 essays, with topics generally divided into two categories: one is the issue of criminal law and criminal judicial assistance between mainland China and the Hong Kong and Macao Special Administrative Regions, and the other is the issue of criminal law between mainland China and Taiwan. The fourth volume is "Special Studies on Comparative and International Criminal Law," comprising 2 parts and 28 essays, with the first part focusing on comparative criminal law issues and the second part on international criminal law issues. The basic feature of these four volumes is that the research is closely tied to the needs of China and the development of contemporary criminal law and the rule of law in the world. The topics are rich, practical, and full of a sense of the times, with relatively in-depth and detailed discussions, and the viewpoints offer personal insights and novelty. At the end of the book, there are two interviews and introductions about me from magazines, as well as a list of my works from 1997 to 2002. The selected essays in this collection do not modify the original viewpoints and basic content of the papers but primarily involve technical editing and organization. All previously published papers are annotated with co-authors and original publications, and I extend my heartfelt gratitude to the co-authors of these papers. I hope that the publication of these four volumes will further inspire me to be down-to-earth and continuously strive forward on the path of academic law, and I also hope to gain the critique and guidance of my teachers, colleagues, and readers. Teachers impart knowledge, guide paths, and resolve doubts. Both the journey of life and the path of academia cannot be separated from the guidance of predecessors and the nurturing of teachers. I dedicate this collection to the two teachers who have had the greatest impact on my life and academic growth so far: One is my 86-year-old mother, Lady Fan Gengchen, who raised me and taught me to be resilient, diligent, and upright. She has been a dedicated primary school teacher for her entire life and is a role model for her husband and children. The other is my mentor, Professor Gao Mingxuan, who guided me in the study of criminal law, provided strong support, and inspired me to dedicate myself to the rule of law, the pursuit of truth, and the exploration of knowledge through his words and actions. Professor Gao is one of the main founders of criminal law in New China and a great Chinese intellectual of the older generation, known for his integrity, sense of mission, and dedication to the field of law. At the same time, I dedicate this collection to the leaders and colleagues of the national legislative and judicial organs, who have trusted me and allowed me to participate in the entire process of revising and drafting China's Criminal Code and to engage in long-term participation in the interpretation of judicial interpretations and discussions on difficult cases. I dedicate this collection to the modernization of the rule of law and the research of criminal law in our country. Academic collections are the main components of a scholar's academic achievements and a concentrated reflection of their academic exploration over a certain period. Academic collections largely reflect the breadth and depth of the author's academic research, as well as their academic sensitivity and insight. Therefore, scholars place great importance on the organization and publication of academic collections. In the past, only academic giants were qualified to publish personal academic collections, and such collections often served as one of the markers of a scholar's "final verdict." This naturally made young scholars like us step back in awe. However, in recent years, the academic community and society at large have shown more tolerance and encouragement toward young scholars. Moreover, with the burgeoning development of China's legal profession and the urgent need to expand and flourish, middle-aged and young legal scholars have increasingly published personal collections, and I am fortunate to be among them. Six years ago, when I was approaching my fortieth birthday, China Legal Publishing House published four selected collections of essays under the general title "Series on Criminal Law Research": (1) "Studies on Issues of General Criminal Law"; (2) "Studies on Issues of Specific Criminal Law"; (3) "Studies on Issues of Criminal Law Reform"; and (4) "Studies on Issues of Outward-Oriented Criminal Law" (volumes 1 and 2). These collections can be said to reflect, from the perspective of thematic research, the trajectory of my exploration into criminal law theory and practice over more than ten years before 1996, with some achievements and joys, but also more shortcomings and regrets. Compiling and publishing these selected essays allowed for self-examination and reflection, as well as providing a platform for colleagues and readers to discuss and correct them. I sincerely thank China Legal Publishing House for its strong support at the time. Time flies, and six years have passed in the blink of an eye. Although I have long passed the age of forty, I still often feel (confused and overwhelmed) and have achieved very little. The only slight comfort I have is that in the garden of law and on the path of the rule of law, I have been working tirelessly and moving forward with determination. This time, I have selected and compiled four volumes of my papers over the past six years, serving as a continuation of the five-volume "Series on Criminal Law Research" published six years ago, and have entrusted them to a legal publishing house with which I and my working unit, the Criminal Law Science Research Center of Renmin University of China, have maintained close cooperation for many years. The first volume of this four-volume collection is "Special Studies on General Criminal Law," comprising 3 parts and 46 essays, which conduct relatively in-depth research on several important, novel, and challenging theoretical and practical topics in the macro aspects of criminal law, general theories of crime, and general theories of punishment. The second volume is "Special Studies on Specific Criminal Law," comprising 7 parts and 46 essays, which primarily delve into the in-depth and meticulous exploration of various new, challenging, and frequently occurring crimes in light of the 1997 new Criminal Law and judicial practice. The third volume is "Special Studies on Interregional Criminal Law of China," comprising 2 parts and 30 essays, with topics generally divided into two categories: one is the issue of criminal law and criminal judicial assistance between mainland China and the Hong Kong and Macao Special Administrative Regions, and the other is the issue of criminal law between mainland China and Taiwan. The fourth volume is "Special Studies on Comparative and International Criminal Law," comprising 2 parts and 28 essays, with the first part focusing on comparative criminal law issues and the second part on international criminal law issues. The basic feature of these four volumes is that the research is closely tied to the needs of China and the development of contemporary criminal law and the rule of law in the world. The topics are rich, practical, and full of a sense of the times, with relatively in-depth and detailed discussions, and the viewpoints offer personal insights and novelty. At the end of the book, there are two interviews and introductions about me from magazines, as well as a list of my works from 1997 to 2002. The selected essays in this collection do not modify the original viewpoints and basic content of the papers but primarily involve technical editing and organization. All previously published papers are annotated with co-authors and original publications, and I extend my heartfelt gratitude to the co-authors of these papers. I hope that the publication of these four volumes will further inspire me to be down-to-earth and continuously strive forward on the path of academic law, and I also hope to gain the critique and guidance of my teachers, colleagues, and readers. Teachers impart knowledge, guide paths, and resolve doubts. Both the journey of life and the path of academia cannot be separated from the guidance of predecessors and the nurturing of teachers. I dedicate this collection to the two teachers who have had the greatest impact on my life and academic growth so far: One is my 86-year-old mother, Lady Fan Gengchen, who raised me and taught me to be resilient, diligent, and upright. She has been a dedicated primary school teacher for her entire life and is a role model for her husband and children. The other is my mentor, Professor Gao Mingxuan, who guided me in the study of criminal law, provided strong support, and inspired me to dedicate myself to the rule of law, the pursuit of truth, and the exploration of knowledge through his words and actions. Professor Gao is one of the main founders of criminal law in New China and a great Chinese intellectual of the older generation, known for his integrity, sense of mission, and dedication to the field of law. At the same time, I dedicate this collection to the leaders and colleagues of the national legislative and judicial organs, who have trusted me and allowed me to participate in the entire process of revising and drafting China's Criminal Code and to engage in long-term participation in the interpretation of judicial interpretations and discussions on difficult cases. I dedicate this collection to the modernization of the rule of law and the research of criminal law in our country.