Criminal Law of China - Application of Crimes and Punishments

Author: Li Xiaoming
Publisher:
Publish Date: 2005-05-01
Features: This book is written by a group of active, exploratory, outspoken, and innovative scholars, 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 emphasizing theoretical criminal law. Based on the absorption of recent research findings in criminal law, it constructs a 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 basic principles of criminal law, the application of crimes, the application of penalties, criminal law interpretation, criminal case precedents, and the application of international criminal law and regional criminal law. (2) Scientificity in theory. It prominently establishes the "crime-responsibility relationship" 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, mens rea) in the theory of crime formation. It integrates 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 enhances and refines the granularity of crime identification and incorporates all current effective legal interpretations into the manuscript. Based on the construction of the theoretical system of crime and penalty application, it particularly highlights its practicality and operability.