Fundamental Principles of the Criminal Law of the People's Republic of China

Author: Li Xiaoming, Editor-in-Chief
Publisher:
Publish Date: 2005-03-01
Features: This book is written by a group of active, exploratory, outspoken, and innovative scholars among the middle-aged and young, making it a distinctive academic work. Its main characteristics are as follows: (1) Novelty in the disciplinary system. The book breaks away from the traditional single-explanation system of criminal law and adheres to the principle of giving equal weight to theoretical criminal law and explanatory criminal law. Based on the absorption of recent research findings in criminal law, it constructs a brand-new system including an introduction to criminal law, an outline of criminal law, the establishment and identification of crimes, the responsibility and implementation of criminal liability, and the application of criminal law. It particularly adds new content such as the fundamental principles of criminal law, the application of crimes, the application of penalties, criminal law interpretation, criminal case precedents, the application of international criminal law, and the application of regional criminal law. (2) Scientificity in theory. It prominently establishes the "relationship between guilt and crime" as the main thread of criminal law, adds a section on the application of criminal law, and adopts the "new three-element theory" (act, criminal subject, and mens rea) in the theory of crime formation. It incorporates traditional theories of punishment into the theory of criminal liability, making the entire theoretical system of criminal law more rational and complete. (3) Practicality in content. In terms of the application of crimes and penalties, it strengthens and improves the identification of criminal charges and incorporates all current effective legal interpretations into the manuscript. Based on the construction of the theoretical system of the application of crimes and penalties, it particularly highlights its practicality and operability.