Typical Cases and Legal Application (Criminal Category) 13--Rape: Criminal Category

Author: Zhu Mingshan
Publisher:
Publish Date: 2004-08-01
Features: "Examples support the law, not break it," the guiding significance and reference value of cases in judicial work have always been emphasized by courts at all levels in China. (Supreme People's Court Gazette) Every issue carries cases approved by the Supreme People's Court or discussed by the Supreme People's Court Judicial Committee, requiring courts at all levels to refer to them in judicial work; since 2000, the Supreme People's Court has publicly released judicial documents to the public; the Supreme People's Court China Applied Law Research Institute has been editing and publishing (People's Court Case Selection) since 1995. After nearly a year of effort, we have launched this series of books. In the process of editing, we tried to make the series have the following distinctive features:
1. Typical and Realistic Cases. Most of the selected cases belong to (Supreme People's Court Gazette), cases published by the Supreme People's Court and its divisions through other forms. Each case is as typical as possible. For convenience, we have summarized the essence of each case and listed it as "Problem Prompt" before the case. All cases are kept real. In cases involving minors, personal privacy, and other content, some real names have been concealed.
2. Authoritative Analysis. In addition to (Supreme People's Court Gazette) cases and judicial documents published by the Supreme People's Court, other cases are analyzed by presiding judges or experts on core legal issues, with particular emphasis on explaining hot or difficult issues in professional fields.
3. Comprehensive Legal Documents. The "Legal Application" section is specifically divided into [Laws, Regulations, and Rules], [Judicial Interpretations], [Inquiries and Replies], [Local Regulatory Documents], and [Judicial Policies]. Among them, replies from the Supreme People's Court to lower courts on legal application issues, judicial documents published by local courts, and research findings by courts at all levels on handling certain types of cases are also unique aspects of this series of books.
4. Detailed and Reasonable Classification. This series of books is divided into separate volumes based on different types (causes) of civil, criminal, and administrative cases. The first batch of civil series has already been released with a total of 43 volumes, and now the second batch of criminal series is being launched. It should be noted that some cases were rendered before relevant new laws were enacted, so the judgments and analyses may include provisions of old laws, but the legal issues involved remain important. We have selectively included such cases, with the main purpose of the analysis being to address legal issues. In the "Legal Application" section, we have listed the new legal basis. Please note this when using the series. During the editing process, many judges of the Supreme People's Court have given enthusiastic help and support, and we express our sincere gratitude. We sincerely hope this series of books can contribute to the accumulation, summary, and dissemination of judicial practice experience.