Criminal Law Essentials and Basis Guidance

Author: Li Jian
Publisher:
Publishing Date: 2005-01-01
Features: From the content of the manuscript, it can be seen that the compilers of this series have started from the needs of readers and have put in considerable effort. Although there are still shortcomings in aspects such as "Essential Topics," "Expert Opinions," and "Basis Guidance," this new-structured legal book series provides basic clues for legal professionals to quickly find relevant materials and truly serves as a consultant and assistant. Considering the breadth of coverage and the key and difficult issues in judicial practice, this book series has selected eighteen commonly used legal categories and written them separately. The argumentative structure of the series for each legal category consists of two parts: "Essential Topics" and "Basis Guidance." The "Essential Topics" are problems (main purposes of articles) set according to current legal documents and other difficult problems encountered in judicial practice. On the surface, these topics do not seem as targeted as question-and-answer or case-based questions, and some even resemble dry terms. However, these topics are actually the "points" of each legal category, and any problem in a specific legal category in practice can be categorized into these "points." The writing of the topic content is not like academic monographs or papers, which are long and detailed, but is in the form of expert opinions, briefly explaining the legal principles and pointing out issues that should be noted in judicial practice. The "Basis Guidance" part lists the specific legal basis related to the topics as comprehensively as possible. The legal basis in our country is multi-level, including laws formulated by the National People's Congress and its Standing Committee, administrative regulations, departmental rules, and normative documents passed by the State Council and its departments, as well as judicial interpretations issued by the Supreme People's Court and the Supreme People's Procuratorate. Among these bases, the law naturally has the highest level of effectiveness, but some legal provisions are relatively general, and the understanding and handling of many specific problems encountered in practice still require supplementary basis from administrative and judicial departments. Therefore, the "Basis Guidance" part clearly identifies the names, publication dates, and publishing departments of all the above bases, and appends the specific article content applicable to the essential topics (for some larger topics, or for those that require referencing the full text of the basis or belong to uncommon professional issues, to save space, we only indicate the name of the basis, publication date, and publishing department, and omit the specific article content; readers can find it in the specific topics later or in other legal compendiums). With the clear framework of the "Essential Topics," the authoritative opinions of experts on legal principles, and the detailed and specific legal basis, the complete structure of each legal category in the series is formed. We believe that this innovative format of legal books can largely meet the practical needs of legal professionals and will become their convenient and practical consultants. It should be noted that due to the large number of legal categories covered by this book series, the workload of writing is substantial. Some of the authors involved in the compilation come from judicial practice departments, while others come from teaching and research departments, belonging to different industries and professions. Although we strive to maintain uniformity in the writing format, there are still obvious differences in language style and expression among different books. Additionally, the cut-off date for the materials used in this series is November 2004. For the issues mentioned above, we hope that experts and readers engaged in legal practice can provide us with valuable feedback in a timely manner so that they can be revised and corrected in the event of a second edition.