Fourth Volume. Illustrated Evidence, Sentencing Standards, and Legal Application for Case Filing

Author: None
Publisher:
Publish Date: 2005-05-01
Features: As an important criminal judicial force of the state, public security organs play a significant role in achieving the basic national policy of governing the country according to law and building a socialist rule-of-law state. Judicial and law enforcement are crucial links in realizing the goals of the rule of law. A correct understanding and accurate application of the law are the source of the formation of legal awareness and the fundamental guarantee for achieving the goals of the rule of law. To smoothly fulfill their criminal judicial functions, public security investigators must accurately understand and comprehensively master criminal legal knowledge. Only in this way can they effectively combat crime in accordance with the law and maintain social order. To meet the needs of public security investigators in handling criminal cases, we have invited relevant experts and scholars to compile this book, Illustrated Standards for Case Filing, Evidence, Sentencing, and Legal Application. This book has the following characteristics:
Novelty. The entire book adopts a chart-based format, making it clear at a glance and. In terms of layout, it follows the structure of 【Concept】【Case Filing Standards】【Criminal Standards】【Evidence Reference Standards】【Sentencing Standards】【Legal Application】, providing a comprehensive interpretation of cases under the jurisdiction of public security organs based on the latest laws, regulations, judicial interpretations, departmental rules, and normative documents. Special attention is given to the detailed explanation of newly defined crimes established by criminal amendments.
Accuracy. The book is meticulously compiled based on authoritative sources and has been reviewed by experts and scholars from relevant departments. The authors are law doctors and masters from public security organs and related institutions, with solid legal theoretical foundations and a deep understanding of judicial practice. Their explanations are accurate, the structure is rigorous, and the book guarantees authority and precision.
Practicality. The book is closely tied to the practicalities of criminal case handling, systematically explaining and interpreting all cases under the jurisdiction of public security organs without omission. It provides detailed introductions to issues such as case filing standards, crime identification, distinguishing between crime and non-crime, differentiating between crimes, distinguishing between single and multiple crimes, assessing the severity of crimes, the scope of evidence, and legal application. The logic is clear, the language is fluent, and the content is highly targeted, making it a valuable reference for case handling.
It should be noted that the legal terms such as "case filing standards," "evidence standards," "criminal standards," and "sentencing standards" in the book's format refer to the following meanings:
(1) Case Filing Standards. Broadly speaking, these include all legal and factual standards required for case filing, serving as the specific and standardized formulation of case filing conditions. Narrowly speaking, they refer to the thresholds for criminal objective aspects, such as amounts, circumstances, and actions. The case filing standards in this book refer to the narrow definition. According to criminal law, case filing standards can be categorized into amount standards, circumstance standards, action standards, result standards, and danger standards. In judicial practice, case filing standards serve as the starting point for case handling and have certain differences from sentencing standards.
(2) Criminal Standards. This refers to the elements of criminal constitution, including the object of crime, the objective aspect of crime, the subject of crime, and the subjective aspect of crime. When identifying crimes, it is essential to distinguish between crime and non-crime. To determine whether an act constitutes a crime, one must first assess whether it is socially harmful and to what extent. Second, the determination must adhere to both the general principles of criminal constitution in the criminal law and the specific constitutions of certain crimes under the criminal law. Third, when identifying the crime, attention must also be paid to distinguishing between different crimes and between single and multiple crimes.
(3) Evidence Standards. These refer to the evidence materials required by public security organs or procuratorial organs during case filing, arrest approval, conclusion of investigation and transfer to prosecution review, the procuratorial organ's indictment of the defendant, and the court's determination of the defendant's guilt and the nature of the crime, as well as the severity of the crime. In investigative practice, the collection of evidence must be conducted in accordance with the law to meet the requirements of criminal constitution. Therefore, this book lists evidence standards for criminal constitution and sentencing evidence standards. Understanding evidence standards requires attention to the following three points:
First, the purpose of evidence is to prove criminal facts. Criminal facts are the objects of evidence. Second, the collection of evidence must be sufficient and certain. Sufficient and certain evidence means that the determination of facts must be based on a solid evidence foundation, with enough evidence to prove the case to the required standard, while the evidence itself must be reliable. Specifically, it includes the following: (1) evidence of the objective existence of criminal facts; (2) evidence proving that the subject of examination is indeed a suspect; (3) evidence of the suspect's criminal acts; (4) evidence that the suspect has reached the age of criminal responsibility and should be held criminally liable; (5) evidence proving the suspect's subjective criminal intent (including motives and purposes). Sufficient evidence is not about the quantity or types of evidence but rather about their evidentiary force. Different types of cases have different requirements for sufficiency, and the evidentiary force generated by different kinds and quantities of evidence is also different. As long as it meets the required level, it is sufficient. Sufficient evidence also includes: (1) evidence of all criminal facts to be transferred for prosecution review; (2) evidence related to the criminal act, method, means, process, time, location, etc.; (3) evidence of the suspect's identity; (4) evidence of the suspect's subjective criminal intent (including motives and purposes); (5) evidence of the cause, result, and victim of the crime; (6) evidence of statutory and discretionary circumstances. Sufficient evidence requires that all case facts and circumstances be proven by corresponding evidence, forming a rigorous chain of evidence that supplements and corroborates each other without contradictions, and the conclusion drawn must be unique and exclusive. Third, evidence must prove that the suspect should be held criminally liable in accordance with the law. Through the collection of evidence, it must be demonstrated that the suspect's actions constitute a crime stipulated in the criminal law and that they should be sentenced.
(4) Sentencing Standards. These refer to the standards used by courts to determine the severity of punishment after a conviction. Sentencing standards are divided into statutory and discretionary sentencing circumstances, as well as lenient and severe sentencing circumstances. This book provides a detailed enumeration of sentencing standards according to the categories stipulated by criminal law. We will update this book in accordance with the formulation, revision, and abolition of relevant laws, regulations, departmental rules, and policies. We hope that the publication of this book will play a positive role in improving the enforcement and case-handling capabilities of public security investigators. The book can also be used as a reference for procuratorial, judicial personnel, lawyers, and other legal workers when handling criminal cases. Due to the urgency of the situation, the level of the compilers is limited, and omissions are inevitable. We sincerely welcome the criticism and corrections of our readers.
Book Compilation Team
2005