Criminal Law Specific Case Analysis

Author: Han Yusheng
Publisher:
Publish Date: 2004-09-01
Features: After the publication of Case Studies on Specific Provisions of the Criminal Law, it was well-received by numerous readers. While acknowledging the book's strengths, they also provided many valuable suggestions. Considering the book was written in 2000, over four years have passed since then, during which many new cases have emerged, especially those stipulated in the revised Criminal Law that were difficult to find at the time. As supplementary teaching material, it is necessary to incorporate these new cases. Additionally, the suggestions and opinions of readers should be incorporated to make the book as perfect as possible. Therefore, we have compiled this second edition of Case Studies on Specific Provisions of the Criminal Law to present to our readers, hoping to receive more constructive criticism and corrections. Although this is a revised edition of Case Studies on Specific Provisions of the Criminal Law, it has undergone significant changes compared to the original version.
1. The number of cases has been substantially increased, expanding the informational content. One obvious feature of the revised Criminal Law is the significant increase in the number of articles in the specific provisions, rising from 103 in the 1979 Criminal Law to 350 in the 1997 Criminal Law. The increase in the number of specific provisions of the Criminal Law actually reflects the increase in the number of specific crimes. According to the Supreme People's Court and the Supreme People's Procuratorate regulations and supplementary regulations on determining the names of crimes under the Criminal Law, there should be more than 400 specific crimes. Among these crimes, a considerable portion remains unfamiliar or even very unfamiliar to people, which is a significant shortcoming. Whether for teaching, research, or judicial practice, it is essential to study and explore the various crimes stipulated by the Criminal Law, and analyzing cases is the best way to do so. When collecting cases, we have strived to ensure that every crime stipulated in the Criminal Law has corresponding cases, so that readers can gain a more intuitive and profound understanding of the various crimes through these cases.
2. Since the implementation of the 1997 Criminal Law, the Standing Committee of the National People's Congress has passed one resolution (i.e., Resolution on Punishing the Crime of Fraudulently Purchasing Foreign Exchange, Evading Exchange Regulations, and Illegally Trading in Foreign Exchange) and four amendments. The content of these resolutions and amendments primarily involves the supplementation and revision of the specific provisions of the Criminal Law. Additionally, the Standing Committee of the National People's Congress has provided legislative interpretations on the specific meanings of certain provisions of the Criminal Law, and the Supreme People's Court and the Supreme People's Procuratorate have issued multiple judicial interpretations. The spirit of all these legislative supplements, revisions, legislative interpretations, and judicial interpretations is reflected in the case analyses of this book, enhancing its readability and practicality.
3. All the cases in this book are newly added during this revision, and the cases in the original version are no longer used in the revised edition. In judicial practice, new cases occur every day, and we have made every effort to select new cases when revising this book. Of course, this does not mean that the cases in the original version are no longer applicable. If necessary, readers can retain the cases from the original version as reference materials to enrich the collection of cases.
4. Enhanced the reasoning content in the legal analysis section. The legal analysis of each case in the original version was somewhat thin, which was due to the limitations of the layout at the time. Regardless of the reason, it was always a significant shortcoming. The focus of case analysis should actually be on the analysis of the cases, as only through theoretical reasoning and analysis can the "right" and "wrong," "this" and "that" of the cases be clearly presented to readers. We have strived to do so, but we still dare not say that we have fully explained the legal principles. We believe readers are capable of providing comprehensive answers to the legal issues involved. The cases in this book are handled in two ways: one is to introduce the case facts first, then pose legal questions, and then provide legal analysis on the questions; the other is to only introduce the case facts and pose legal questions without legal analysis, leaving the cases for readers to analyze themselves. It should be noted that this case analysis is merely a theoretical analysis of the collected cases by the authors, representing just one perspective.