Criminal Law Symposium. Volume 9

Author: Gao Mingxuan
Publisher:
Publish Date: 2005-04-01
Features: The 9th volume of Criminal Law Forum contains 16 articles, covering a wide range of fields in criminal law, including Chinese criminal law, foreign criminal law, comparative criminal law, international criminal law, and regional criminal law. The articles delve into both deep theoretical research on fundamental issues such as criminal policy and unit crimes, and pioneering explorations into practical problems like the withdrawal of co-perpetrators and partial co-perpetrators. There are both lengthy, comprehensive essays exceeding 60,000 words and concise, insightful short articles, as well as informative reference materials. The "Chinese Criminal Law" section includes 10 papers. Professor Yang Xingpei, in his article "Research on the Future Trends of Criminal Policy from the Perspective of Integrated Criminal Law," points out that the future direction of China's criminal policy, at the practical level, may depend on the occurrence and development of crimes; at the profound level, it will depend on our renewed understanding of the causes of crime; and at the theoretical level, it will depend on the transformation of the fundamental attitudes of criminal law theories that support criminal policy. The author believes that establishing a theory that integrates criminal law within criminology and unifying criminal law theory with criminal practice will significantly impact China's criminal policy by highlighting the social status and role of criminology. Professor Wang Zuofu and Dr. Zhuang Jing's article "Hacking: Subcultural Culture, Psychological Types, and Criminal Law Responses" analyzes the cultural and psychological factors behind hacking behavior and, based on the concept of "polarized criminal policy," explores criminal legislative responses to hacking. The authors argue that hackers should be distinguished as either high-risk or mild-risk and that differentiated criminal legislative measures should be adopted. Professor Feng Jun's article "Unit Crimes in the New Criminal Law" first introduces the legislative status of unit crimes, describes and critiques the theoretical debates and judicial practices in China's criminal law academia regarding unit crimes. Building on this, the author delves into the specific issues in the legislative provisions for unit crimes in the new criminal law and proposes solutions. Associate Professor Wei Dong and Prosecutor Zhang Guya's article "Review of Corporate Criminal Liability" first introduces the basic theory of corporate crimes and the general principles of corporate criminal liability, then explores the implementation mechanisms of corporate criminal liability. On this basis, the paper specifically elaborates on the improvement of China's corporate criminal liability from aspects such as the scope of corporate crimes, the design of criminal constitutions, and the allocation of statutory penalties. This volume also includes a series of papers on joint crimes. Dr. Chen Jialin's article "Research on Joint Perpetrators through Conspiracy" introduces the theory of joint perpetrators through conspiracy and focuses on analyzing relevant doctrines in Japan and Germany. The author concludes that there is no necessity for China to adopt this theory. Dr. He Ronggong's article "On the Theoretical Basis of Partial Joint Perpetrators" introduces the basic theory of partial joint perpetrators and discusses related identification issues. Dr. Tian Penghui then specifically discusses the "Basic Types of Partial Joint Perpetrators." The author argues that partial perpetrators, partial organizers, partial inciters, and partial assistants can all constitute joint crimes. Prosecutor Pan Li's article "On the Establishment of Incitement Crimes" introduces the relevant theory of inciters and proposes that non-joint inciters should be treated as independent crimes. The article further elaborates on the concept, constitutive elements, and legislative design of incitement crimes. Dr. Liu Lingmei's article "On the Concept and Constitutive Elements of Assistants" defines the concept of assistants and discusses their constitutive elements from both subjective and objective perspectives. Dr. Lai Zaoxing's article "Exploring Ancient China's Heavy Punishment Views" is a historical criminal law study. The paper introduces and critiques the evolution of ancient China's heavy punishment views, concluding that the concept of heavy punishment should be abandoned, as it is a necessary requirement for pursuing the rationality of criminal law values. The "Foreign Criminal Law" section features an article by Professor Malcolm D Evans of the University of Bristol, UK, titled "Major Factors, Significant Developments, and British Experience in the International Legal System for Preventing Torture." The author elaborates on the progress and challenges in preventing torture within the international community and particularly introduces the British experience in this regard. The article may be beneficial for China's practice of prohibiting torture. The "Comparative Criminal Law" section includes two papers. Professor Diao Hongxian and Dr. Wang Mingxing's co-authored article "Comparative Study on Patent Crimes" conducts an in-depth comparison of legislative models, types, and constitutive elements of patent crimes in various countries and proposes numerous improvements for China's patent crimes. Dr. Cheng Hong's article "Comparative Study on the Protected Interests of Environmental Criminal Law and Environmental Protection Law" attempts to provide references for reconstructing the concept of environmental criminal law in mainland China by comparing the protected interests of environmental criminal law and environmental protection law. The "International Criminal Law" section includes an article translated by Professor Zhao Bingzhi et al. titled "Contemporary Practice of Universal Jurisdiction—Disputes and Developments" by Professor Chandra Lekha Sriram of the United States University. The article, through introducing several recent cases advocating universal jurisdiction, aims to reveal the nature and scope of universal jurisdiction. The "Regional Criminal Law" section features an article by Professor Zhao Guoqiang of the University of Macau titled "Criminal Protection of Intellectual Property in Macau." The article first provides an overview of Macau's intellectual property legislation, then discusses the criminal protection of specific intellectual property rights in Macau, including copyrights, industrial property, computer programs, audio and video recordings. The "Academic Information" section includes a review by Drs. Du Qixin and Du Xiaojun titled "Symposium Review on the of U.S. Troops in Iraq." The article summarizes the key discussion points of the specialized academic seminar "The of U.S. Troops in Iraq and Human Rights Protection in International Criminal Law," held by the Criminal Law Science Research Center of Renmin University of China on May 21, 2004.