Criminal Procedure Law Interpretation

Author: Xia Qin
Publisher:
Publish Date: 2005-05-01
Features: This book is written by Xia Qin, a renowned criminal procedure law scholar during the Republican era. The writing style of this book has the following characteristics:
First, a commentary-based writing method. The author arranges and explains each provision in strict accordance with the compilation order of the criminal procedure law code. Generally, after each provision, the author first explains the terminology of the text; then, through a question-and-answer format, clarifies easily confusing issues; finally, there is a "Supplementary Notes for This Provision," which primarily indicates the relevant judicial precedents issued by the Supreme Court over the years that should be referenced for this provision. This writing style is mainly modeled after the "Criminal Law Problems" by the German legal scholar Liszt and is a pioneering effort in China. The author believes that this research method would be highly beneficial in China.
Second, the broad sources of the problems discussed. The author explains in the preface that the problems listed in this book mainly come from three aspects: (1) issues that arose during the author's tenure as a judge while handling criminal cases; (2) questions raised by students when the author served as a professor at various universities; and (3) issues discovered through the author's own research. The answers to these problems are created by the author based on legal theory and legislative intent, while also referring to foreign judicial precedents and other sources, integrating and synthesizing them into a coherent framework. From the popularity of the book after its publication, it can be seen that the author's writing intentions have been achieved.
As a highly authoritative criminal procedure law scholar during the Republican era and having served at the Supreme Court for over 20 years, the author's annotations on the criminal procedure law provisions embody his entire theoretical accumulation and practical knowledge, thereby achieving uniformity in the application of criminal procedure law. This is the value of this book.