Special Topics on Regional Criminal Law of China

Author: Zhao Bingzhi
Publisher:
Publish Date: 2004-05-01
Features: After the return of Hong Kong, its original legal system has been largely preserved. Within the scope of "one country, two systems," how to coordinate the legal system of the Hong Kong Special Administrative Region with the national legal system is indeed an urgent problem to be resolved. In terms of criminal law, Hong Kong differs significantly from mainland China, as well as from Macau and Taiwan. Regarding the conflict between Hong Kong's criminal law and the national criminal law, it is necessary to conduct in-depth theoretical research to explore scientific and reasonable solutions.
I. Conflict Between Hong Kong's Criminal Law and National Criminal Law:
The term "legal conflict" refers to the differences between legal norms in different jurisdictions, which leads to the issue of how courts choose to apply the law when handling cases involving multiple jurisdictions. The conflict between Hong Kong's and mainland China's criminal laws primarily refers to the differences in their criminal legal systems after Hong Kong's return to the motherland on July 1, 1997. To safeguard national unity and territorial integrity, maintain Hong Kong's prosperity and stability, and promote reform and opening up as the main theme of contemporary China, advancing legal reform is the mission of modern legal professionals.
Since my undergraduate studies, I was introduced to the field of criminal law by the renowned Chinese criminologists Professor Gao Mingxuan and Professor Wang Zuofu, who captivated me with the breadth and depth of their theories, the richness of their content, and the indispensability of their application. This sparked my lifelong passion for criminal law research. During my studies for the first doctoral program in criminal law in China, especially after obtaining my doctorate, the past dozen years have coincided with the national revision of the criminal law, during which I was fortunate to participate. Combined with my research interests, criminal law reform has become one of my primary areas of dedication over the years, gradually shaping my own views on criminal law reform.
The current criminal law reform in China is a harmonious integration of objective needs and subjective aspirations. On one hand, the changes of the times and social progress serve as the intrinsic driving force behind criminal law reform. This book consists of 2 parts and 30 papers, with topics broadly 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.