New Type Difficult Criminal Case Sentencing and Punishment Comments

Author: Gan Mingxiu
Publisher:
Publish Date: 2005-07-01
Features: This book records fragments of the Supreme People's Court's criminal trial work under China's socialist market economy, reflecting the integration of criminal law theory and judicial practice in case handling. It embodies the continuous pursuit of judges in the process of legal development and perfection, and crystallizes the wisdom of many criminal judges at the Supreme People's Court. As a classic work commenting on criminal case judgments that determine the life and death of many defendants, readers are sure to appreciate its weight and the authors' meticulous efforts. Since the revision and promulgation of the new Criminal Law, the Standing Committee of the National People's Congress has passed multiple criminal law amendments and interpretive bills. The Supreme People's Court and the Supreme People's Procuratorate have issued dozens of new judicial interpretations and explanatory documents. The Ministry of Public Security, the Ministry of State Security, the Ministry of Justice, and other relevant departments have issued a large number of regulations. Many newly enacted laws and regulations have also made special provisions on criminal liability. To thoroughly implement the new Criminal Law, the Supreme People's Court has, in a timely manner, issued relevant judicial interpretations while successively releasing many typical and difficult criminal cases to strengthen case guidance for the criminal trial work of local courts. The legal issues reflected in these new and difficult cases are often typical. Strengthening the research and analysis of such cases plays an irreplaceable role in helping courts promptly identify new situations and issues in criminal judicial practice and correctly apply the law to adjudicate related cases. It also enables a broad readership to learn and understand the Criminal Law and its judicial interpretations in an intuitive and vivid manner. For this purpose, senior criminal judges from relevant divisions of the Supreme People's Court (including those who handled major criminal cases) and scholars from relevant institutions have compiled the "Commentary Series on Typical and Difficult Criminal Cases in Criminal Trial." "Commentary on Sentencing and Conviction in New Types of Difficult Criminal Cases" (Second Edition) is one of the series. The second edition of this book selects 184 typical and difficult criminal cases, with a significant portion being newly added cases of this type. The Supreme People's Court has studied the legal application issues of most of these cases, with some major cases being discussed and studied by the Supreme People's Court's Judicial Committee. The correct handling of these new and difficult cases has provided important guidance and reference for courts at all levels to correctly apply the law and promptly adjudicate criminal cases. This book introduces differing opinions during the trial of the aforementioned cases and concisely explains the reasons and basis for the final judgment in the form of comments. Based on this, readers can observe the evolution of legal application in different periods for these cases, thereby grasping the continuous development of China's criminal trial work since the reform and opening-up, especially since the promulgation of the new Criminal Law. This book records fragments of the Supreme People's Court's criminal trial work under China's socialist market economy, reflecting the integration of criminal law theory and judicial practice in case handling. It embodies the continuous pursuit of judges in the process of legal development and perfection, and crystallizes the wisdom of many criminal judges at the Supreme People's Court. As a classic work commenting on criminal case judgments that determine the life and death of many defendants, readers are sure to appreciate its weight and the authors' meticulous efforts. To facilitate application, the names of parties involved and relevant courts in the cases presented in this book have been technically processed in most instances. It is hoped that the publication of this book will serve as appropriate guidance, reference, and reference material for judicial personnel and lawyers in handling criminal cases, as well as for the general public in learning and understanding the law through case studies.