Legal Consultation Book for Chinese Citizens. Volume 1, Criminal Procedure

Author: Zhang Shiqi
Publisher:
Publishing Date: 2002-06-01
Features:
The dense crowd of people survives in society. Everyone is busy pursuing their own ideals, ambitions, interests, and desires. Among these people, there will always be those who, in order to obtain money, power, profit, and desires, disregard national laws and resort to any means, which may cause harm to kind-hearted people. What should one do if they are harmed by others? Different solutions lead to different consequences. With the continuous deepening of legal popularization activities, people have gradually come to understand the power of the law. The law is a shield for the weak and a weapon in the hands of the righteous. If someone commits illegal infringement, the victim can take up the legal weapon to fight back. However, the law is vast and complex. Some people only know that the legal weapon is good but do not know how to use it. There are also some who, although not harmed by illegal acts, encounter troubles and feel that legal means should be used to resolve them, but they do not know what the law says about this aspect. Faced with people's eager desire to learn and use the law, some saw the legal books I wrote, learned my name, and sent letters and made phone calls to consult issues not covered in my books. The content of the consultations was too numerous and diverse, far beyond my ability to answer. Over time, these bundles of legal consultation letters from all over the country piled up like huge stones on my shoulders, forcing me to consider how to handle them. People trust me to write to me, and they have needs, but if I do not respond, I truly feel guilty and deeply troubled.
As a judge for over 20 years, I have handled countless cases, but years of judicial practice have taught me: every grass has its roots, and every matter has its cause. A river has two banks, and a matter has two sides. To hastily express an opinion without understanding the opinions and circumstances of the other party, the reasons and process of the incident, or even the case file, is irresponsible. Such opinions are unlikely to be correct. Every time I receive a legal consultation letter or make a legal consultation call, my emotions are deeply affected. Over time, I can no longer recall from which day it started, but the idea of writing a monumental work, the Complete Legal Consultation Book for Chinese Citizens, emerged. I wanted to use this series of books to publicly answer the letters from readers all over the country, as many of the questions raised had commonalities. However, I quickly realized that this idea was naive and unrealistic. It was like a single person trying to move all the mountains in the world with their own strength. I had been a farmer for several years, working hard in the mud and water, willing to endure the kind of hard work that others could not. But my ability, level, and energy were insufficient. Despite what people might say about me being a senior judge, expert, or professor, I know my own worth. I know how deep my legal foundation is, and I know that I could never write such a book on my own. Moreover, as an active judge, my main responsibility is to complete my case workload. Those who know me well know that although I am strong as an ox, I am timid as a mouse, and I fear making mistakes in cases, just like a car driver fears traffic accidents or a doctor fears medical accidents. I live in constant tension, carefully reviewing every piece of evidence in each case. After a day of work, I return home exhausted and have no energy to write comprehensive legal books. Faced with difficulties, I hesitated.
At this point, someone invited me, hoping that I could organize a writing team to write a 30-volume series of "China Legal Popularization Series" for China's legal popularization activities. A few friends who learned about it immediately expressed their support and were willing to participate in writing. Friends with the same aspirations are the most valuable wealth in life. Working in the field of political and legal affairs for over 20 years has brought me great satisfaction in knowing many legal experts with genuine talent who refuse to waste their lives. They are my teachers. Their level and reputation far surpass mine. I dreamed that if they were willing to write this book with me, it would have a great chance of success. To make this dream come true, I made efforts. With the spirit of visiting Zhuge Liang three times, I invited them one by one. I was fortunate that they all believed this was a beneficial thing for society and were willing to participate in writing for legal popularization. This gave me the confidence and courage to begin "moving." Our writing team of nearly 200 people comes from the political and legal sectors, education, and government agencies in Northeast China's three provinces and Beijing. They include judges, prosecutors, public security officers, lawyers, deans, professors, experts, scholars from universities, and even chief editors of magazines and law enforcement officials from government agencies. Based on their respective strengths, they wrote the legal content they were familiar with. After completion, the main editors of each volume reviewed the manuscripts, and after review, I made the final compilation. Everyone did their best to ensure that the content of this book was comprehensive, accurate, and practical.
This 30-volume series, the Complete Legal Consultation Book for Chinese Citizens, is an indispensable collection for many organizations and families due to its comprehensive, systematic, and accurate content. When people encounter legal difficulties, as long as they open it, it will be like a lawyer by their side, helping them solve their doubts and guiding them through the maze. To facilitate learning and reference, each volume also appends commonly used laws and regulations. This will help people better use the law to protect themselves.
The publication of this series is not only the result of the joint efforts of nearly 200 co-authors but also the active support of the units where they work. The leaders of many organizations, such as the School of Humanities and Law at Northeast University, the Law School at Liaoning University, the Liaoning Public Security and Judicial Management Cadre College, the Beijing Political and Legal Management Cadre College, and the Liaoning Beidou Law Firm, Shenyang Shiyang Law Firm, and the Legal System and Civilization magazine, made positive efforts to organize the writing team, and some even participated in writing themselves. We express our sincere gratitude here.
This series was written by all of us in our spare time and is the crystallization of the of the co-authors. Despite our best efforts, due to the broad content covered, it is inevitable that there may be shortcomings in this multi-million-word series. If any are found, we welcome readers to point them out.
General Editor: Zhang Shiqi, Senior Judge of Liaoning Provincial High People's Court
January 8, 2001
Introduction to the General Editor
Zhang Shiqi, male, senior judge of China, visiting professor of law. Born in Sanjiazi Village, Bayuquan District, Yingkou City, Liaoning Province in 1948. He entered university in 1972 and joined the Liaoning Provincial High People's Court in 1979, where he has been engaged in judicial work ever since. Over the 20 years he worked at the court, he has consistently far exceeded his case workload and has been awarded honors twice for his meticulous and detailed handling of cases. While handling cases, he has published over 200 articles in newspapers and magazines and has independently, co-authored, and edited dozens of legal books that are widely available in bookstores across the country. As a result, he has become a prolific senior judge in contemporary China and is well-known to many legal enthusiasts.
Introduction to the Volume Editor
Zhang Lijia, female, born in 1960. Currently an associate professor at the Liaoning Public Security and Judicial Management Cadre College and a part-time lawyer. She has worked in criminal prosecution for six years and has been engaged in legal teaching and part-time legal practice for 14 years. She has served as the main or deputy editor of works such as Crime and Sentencing, Lawyers and Public Verification Practice, and Criminal Procedure Law, and has published several legal papers.