Criminal Code Subsection Special Topics

Author: Zhao Bingzhi
Publisher:
Publish Date: 2004-05-01
Features: Academic collections are the main components of scholars' 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 these collections often served as one of the markers of their "final judgment." Naturally, this 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. Coupled with the burgeoning development and urgent need for expansion and prosperity in China's legal field, 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) Research on Issues in General Criminal Law; (2) Research on Issues in Specific Criminal Law; (3) Research on Issues in Criminal Law Reform; and (4) Research on Issues in Outward-Oriented Criminal Law (volumes 1 and 2). These collections can be said to reflect, from the perspective of specialized research, the trajectory of my exploration into criminal law theory and practice from 1996 to over a decade earlier. They contain some achievements and joys, but also shortcomings and regrets. Compiling these selected essays into books allows for self-reflection and provides a platform for peers 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 feel (confused and overwhelmed) and have achieved very little. The only solace 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 essays I have written or co-authored over the past six years, presenting them 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 have maintained close cooperation for many years, as well as my alma mater, the Research Center for Criminal Law Science at Renmin University of China.
One of the four volumes is Special Topics in General Criminal Law, comprising 3 sections and 46 essays, which conduct in-depth research on several important, novel, and challenging theoretical and practical issues in macro-level criminal law, general theories of crime, and general theories of punishment. The second volume is Special Topics in Specific Criminal Law, comprising 7 sections and 46 essays, which focus on an in-depth and detailed exploration of various new, challenging, and frequently occurring crimes in light of the 1997 new Criminal Code and judicial practice. The third volume is Special Topics in Regional Criminal Law of China, comprising 2 sections and 30 essays, with topics 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 Topics in Comparative and International Criminal Law, comprising 2 sections and 28 essays, with the first section focusing on comparative criminal law issues and the second on international criminal law issues.
The basic feature of the four volumes is that the research is closely tied to the needs of China and the contemporary world's development in criminal law and the rule of law, with rich, practical, and timely topics, relatively thorough and detailed discussions, and personal insights and originality. At the end of the books, there are two interviews and introductions about me, as well as a list of my works from 1997 to 2002. The selected essays do not modify the original viewpoints or basic content but are primarily technically edited and organized. All previously published essays are annotated with co-authors and original publications, and I extend my heartfelt gratitude to all the co-authors. I hope this publication will further inspire me to be down-to-earth and continuously strive forward on the academic path of law, and also to seek feedback and guidance from my teachers, peers, and readers.
Teachers impart knowledge, guide paths, and resolve doubts. Both life's journey and the academic path cannot do without 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 and taught me to be resilient, diligent, and upright. She has been a dedicated primary school teacher all her life and is a role model for her husband and children. The other is my mentor, Professor Gao Mingxuan, who guided me in criminal law research, provided strong support, and inspired me to dedicate myself to the rule of law, the pursuit of truth, and the study of law through his words and deeds. Professor Gao is one of the main founders of criminal law in New China and an outstanding, upright, mission-driven, and responsible intellectual of China's older generation, as well as a hardworking gardener in the field of law. At the same time, I dedicate this collection to the leaders and colleagues in the national legislative and judicial organs who have trusted me over the years, allowing me to participate in the entire process of revising and drafting China's Criminal Code and to engage in long-term participation in judicial interpretations and discussions on difficult cases. I also dedicate it to the modernization of the country's rule of law and the research of criminal law.