Criminal Case Filing Standard Legal Application Manual

Author: Luo Qingdong
Publisher:
Publish Date: 2003-01-01
Features: This book strictly adheres to the following principles in its compilation: where laws or judicial interpretations provide clear stipulations, those stipulations are followed; where no clear stipulations exist, the prevailing scholarly consensus is adopted; where disputes arise, operational insights are proposed from the perspective of the integration of the principle of criminal law determinacy and judicial practice. The jurisdictional basis of this book is the Criminal Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China, and relevant regulations issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security, and the Central Military Commission. It should be noted that for the following situations, which involve a large number of cases and are uncertain, only the main jurisdictional authorities are listed in the book. For those meeting the stipulated conditions, readers may determine the jurisdictional authorities based on the specific cases:
1. According to the Regulations on Several Issues in the Implementation of the Criminal Procedure Law issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security, the Ministry of Justice, and the Legal and Regulatory Working Committee of the Standing Committee of the National People's Congress on January 19, 1998, the following minor criminal cases with evidence provided by victims may be directly accepted by the people's courts: ① cases of intentional injury (light injury); ② cases of bigamy; ③ cases of abandonment; ④ cases of obstructing freedom of communication; ⑤ cases of illegal entry into others' residences; ⑥ cases of producing or selling substandard goods (excluding those that severely endanger social order and state interests); ⑦ cases of infringing intellectual property rights (excluding those that severely endanger social order and state interests); ⑧ other minor criminal cases stipulated in Chapters IV and V of the Criminal Law of the People's Republic of China, for which the defendant may be sentenced to a prison term of less than three years. In the eight categories of cases listed above, if the victim directly files a lawsuit with the people's court, the court shall accept it in accordance with the law. For those cases where the evidence is insufficient and may be handled by the public security organ, the case shall be transferred to the public security organ for investigation and prosecution. If the victim files a complaint with the public security organ, the public security organ shall accept it.
2. According to the Regulations on the Scope of Cases Directly Accepted by the Procuratorate for Investigation and Prosecution issued by the Supreme People's Procuratorate on May 11, 1998, in addition to the cases listed in the book, other major criminal cases committed by state organ personnel in the exercise of their powers may be directly accepted for investigation and prosecution by the procuratorate if decided by the procuratorate at or above the provincial level.
3. According to the Notification on the Scope of Jurisdiction for Criminal Cases Listed in Chapter X of the Criminal Law of the People's Republic of China issued by the Political Security Department of the General Political Department of the Chinese People's Liberation Army, the Military Court of the Chinese People's Liberation Army, and the Military Procuratorate of the Chinese People's Liberation Army on August 12, 1998, in addition to the cases listed in the book, other major criminal cases committed by military officers, police officers, and civilian cadres in the exercise of their powers may be accepted for investigation and prosecution by the military procuratorate if decided by the Military Procuratorate of the Chinese People's Liberation Army.