Criminal Law Forum (Volume 8) (Volume 8)

Author: Gao Mingxuan
Publisher:
Publish Date: 2004-12-01
Features: The 8th volume of Criminal Law Forum publishes 18 papers, covering various fields of criminal law such as Chinese criminal law, foreign criminal law, comparative criminal law, regional criminal law, and international criminal law. It includes both foundational and speculative theoretical research in criminal law and explorations into significant practical issues in judicial practice. The volume features both lengthy and insightful short essays, as well as informative materials. The "Chinese Criminal Law" section includes 8 papers. In Zhang Yi's article "A Study on the Judicial Implementation of the Principle of Proportionality Between Crime and Punishment," the author first reveals the main problems in the application of punishment in judicial practice and conducts an in-depth analysis of the causes hindering the judicial realization of the principle. On this basis, the author elaborates on the basic ideas for constructing a standard system for the judicial implementation of the principle and proposes specific concepts for establishing a sentencing balance mechanism and a sound judicial operation environment.“On the Status of the Principle of Unity of Subjective and Objective Elements” examines systematically the different views in Chinese criminal law academia regarding the status of the principle of unity of subjective and objective elements and the criteria for establishing criminal law principles. The author argues that, in terms of content, the principle of unity of subjective and objective elements belongs to the principles of criminal liability and runs through the entire process of determining guilt, sentencing, and execution of punishment. In terms of function, it plays a dominant role in criminal law legislation, revision, interpretation, and judicial practice, thus meeting the criteria for establishing criminal law principles and should be recognized as a fundamental principle of Chinese criminal law.“On the Effect of Foreign Criminal Judgments in China” analyzes the effect and development trends of foreign criminal judgments and rationally reflects on Article 10 of China's Criminal Law, advocating for the conditional and active recognition of the effect of foreign criminal judgments in China.、“Criminal Liability Based on Criminal Danger” introduces the evolution of relevant theories abroad and focuses on the views in Chinese criminal law academia. The authors argue that the criminal danger of the perpetrator and the social harm of the act are both bases for criminal liability.、“On the Relationship Between Co-perpetrators” analyzes the connotation and function of the relationship between co-perpetrators and specifically studies the deep-seated issues of the formation, detachment, and overlap of the relationship between co-perpetrators, offering theoretical insights.“Reconstruction of the Purpose of Punishment” analyzes the limitations of the monistic, dualistic, and two-tiered theories of the purpose of punishment and attempts to reconstruct the theory of the purpose of punishment in China. The author argues that the purpose of punishment is a complete whole and a hierarchical unity, and can be divided into three levels in China: punishing crimes, preventing crimes, and protecting legal interests, which are mutually progressive.“Socio-Cultural Analysis of Security Measures” discusses the basic issues of the concept and scope of application of security measures and examines the system from the perspectives of socio-empirical culture and socio-legal culture. The author argues that the popularity of security measures is closely linked to socio-empirical culture, and the criminal legislative formalization of security measures aligns with the cultural spirit and institutional requirements of a rule of law state.“Legal Transplantation and the Transformation of Chinese Criminal Law in the Republican Era” analyzes the specific implementation of the world's criminal law trends and the transplantation of foreign criminal systems, using two amendments and two criminal codes as examples.“Intent, Dilemma, and Solutions: On the Theories of Constituent Elements in Civil Law Systems” points out that the intent behind the theories of constituent elements proposed by scholars in different periods is actually to closely link the relationship between constituent elements and illegality. However, due to the complexity of the theory of illegality and the resulting complexity of illegality judgment, even in modern criminal law theory where constituent elements are considered types of illegality, despite our efforts to closely link the relationship between constituent elements and illegality, there are still issues between the determination of constituent element applicability and illegality judgment. In light of this, the author advocates for an open concept of constituent elements. is a section that studies criminal law from the perspective of comparative analysis. This volume includes two papers in this section. Xu Chenglei's "Comparative Study on the Issue of Fleeing After Causing a Traffic Accident" first explores the significance of the act of fleeing after causing a traffic accident in criminal law and reveals its conditions for formation, and then conducts an in-depth analysis of whether the act of fleeing constitutes abandonment of duty or even murder.、“On the Correct Resolution of China's Regional Criminal Jurisdictional Conflict” argues from a normative perspective on the basic principles and rules for resolving China's regional criminal jurisdictional conflict, analyzes the relationship between the resolution of criminal jurisdictional conflict and regional criminal judicial assistance, designs specific procedures for determining criminal jurisdiction, and proposes legislative improvements to resolve China's regional criminal jurisdictional conflict. The "Academic Information" section of this volume is quite rich, not only including information on academic exchange agreements signed by the Research Center for Criminal Law at Renmin University of China with the Max Planck Institute for Foreign and International Criminal Law in Germany and the School of Law at the National University of Siberia in Russia, but also two academic reviews.、、“Review and Prospects of Criminal Law Research in 2003” summarizes the state of criminal law research in 2003, the past year has seen remarkable achievements in criminal law research in China,； but there are also some shortcomings that need further development and improvement.“Against Torture, Protect Human Rights” provides a concise introduction to the "China-UK Workshop on Combating Torture" jointly organized by the Research Center for Criminal Law at Renmin University of China and the British Embassy's Cultural and Educational Office, making the research findings and academic insights of this academic event available to the public in a timely manner.