Legal Issues in the Application of Criminal Law and General Principles for Determining Guilt and Sentencing Standards

Author: Liu Fang
Publisher:
Publish Date: 2004-07-01
Features: One of the key features of this book is that it provides concrete case references for judicial practice while also offering in-depth theoretical discussions. The book encompasses over a thousand difficult issues, most of which are derived from judicial practice. These issues involve a series of practical and theoretical questions concerning the distinction between criminal and non-criminal acts, between different crimes, and between serious and minor crimes. To fulfill the responsibilities of a criminal law theorist, we should provide clear and specific legal standards for case handlers regarding criminal and non-criminal acts, as well as serious and minor crimes. In cases of different crimes, we should apply relevant criminal law theories, particularly the theory of multiple crimes, to provide thorough explanations and interpretations. This book strives to achieve this goal and provides answers in concise and to-the-point language. In the application of criminal law, the most challenging aspect is often the lack of standards or reference answers when encountering difficult issues during sentencing. To address this problem, the author has conducted long-term research and rational thinking, aiming to provide a scientific and convenient method and form for public security, procuratorial, and judicial organs, as well as for notaries and lawyers, to quickly resolve specific issues in their cases. To meet the urgent needs of numerous readers in the application of criminal law, the author conducted extensive practical investigations and research, categorizing and summarizing the frequently encountered difficult issues in judicial practice and criminal law theory in a relatively scientific manner. The book also incorporates important content from various professional books guiding judicial case handling and the essence of criminal justice theory research, compiling a series of question marks as titles and keys to solving these issues. The book provides answers to each listed issue, primarily based on laws and regulations formulated by the National People's Congress and the State Council, the "Interpretations on the Application of Laws" by the two courts, and authoritative criminal law theories. In the answers, it does not merely address the issues in isolation but also provides in-depth discussions on important theoretical issues related to judicial case handling. Particularly in the "General Provisions," it discusses and explores the issues of sentencing and the distinction between criminal and non-criminal acts in criminal law theory and judicial practice. The analysis of each issue covers a wide range, theoretical depth, and practical impact, which will have a positive enlightening effect on judicial case handling and criminal law research. The subject matter of the book is derived from judicial practice, and therefore, the content and format of the entire book are designed with the practicality and convenience of judicial practice in mind. Its purpose is to help case handlers and professional researchers accurately apply the law, improve the quality and speed of case handling, and enhance research capabilities, thereby effectively solving difficult issues in the process of criminal justice and legal studies. Due to the book's format, which prioritizes optimization and convenience in case handling, the design closely follows the structure of a criminal code, maintaining the order of chapters, sections, and crime names as in the criminal code. The titles are listed in an orderly manner to facilitate easy reference for public security, procuratorial, judicial, notary, and legal professionals during case handling. The book collects over a thousand typical and difficult issues, with concise content, clear logic, and strong applicability. The "General Provisions" part starts with the goal of guiding case handling through theoretical elaboration, using criminal law principles to explain and interpret specific issues in sentencing. The "Specific Provisions" part, on the other hand, focuses on providing specific legal and policy standards when answering, with most answers including the relevant criminal law articles, judicial interpretations, and other legal provisions that must be referenced in sentencing. In the combination of theory and practice, the book fully employs the dialectical method of macro and micro perspectives, providing concrete case handling references while also offering in-depth theoretical discussions. The book is divided into two parts: the General Provisions and the Specific Provisions. The General Provisions consists of three chapters, while the Specific Provisions has ten chapters, with a total word count of approximately 1.3 million. Due to limited time and expertise, there may be omissions or inaccuracies in the compilation process. The author sincerely invites criticism and corrections from senior scholars and practitioners in academia and the practical field.