Criminal Application of Property Infringement

Author: Zhu Benxin
Publisher:
Publish Date: 2005-06-01
Features: This series of books has the following characteristics:
Novelty: The content is novel, based on the latest laws, regulations, legislative interpretations, and judicial interpretations, and utilizes the latest theoretical research findings to analyze and solve practical problems in case handling. The format is innovative, with detailed indexes added for readers to quickly find points of interest or issues they need to address; individual crimes are no longer discussed according to the four elements, but instead focus directly on key, controversial, and difficult issues in judicial application.
Practicality: The series relies on typical cases from judicial practice, based on criminal laws, regulations, legislative interpretations, and judicial interpretations, to study key, controversial, and difficult issues in judicial application, providing practical theoretical guidance for criminal judicial practice.
Accuracy: Each discussion of an issue is grounded in both legal and theoretical evidence as well as practical evidence. The Criminal Law is a fundamental law of China, serving as a powerful tool to combat crime, protect human rights, maintain social stability, and promote economic development, and it is relevant to every citizen and organization. The revised Criminal Law has been in effect since October 1, 1997, nearly eight years now. Over time, new situations and issues have emerged in its implementation; new crimes have continuously appeared, and existing crimes have evolved in terms of methods and forms. The Standing Committee of the National People's Congress has issued multiple Criminal Law amendments and legislative interpretations, while the Supreme People's Court and the Supreme People's Procuratorate have issued a series of judicial interpretations to address issues in the implementation of the Criminal Law. It is essential to correctly understand and apply these newly issued legislative interpretations and judicial interpretations, accurately use the Criminal Law to combat new crimes and new forms of crime, and effectively leverage the Criminal Law's functions in protecting social order and safeguarding human rights. At the same time, since its implementation, the theoretical community and judicial circles have conducted in-depth and detailed research on the Criminal Law, achieving rich theoretical research results. How to systematically summarize, synthesize, and study these research findings and fully apply them to judicial practice, especially in the handling of criminal cases, to guide practice and serve frontline case handlers, is also very important. To better study and organize Criminal Law theory and better guide and serve judicial practice, we have compiled this series of books, "Judicial Application of Individual Crimes in the Criminal Law." The series focuses on the new situations and issues that have emerged in judicial practice since the implementation of the Criminal Law, adhering to a close integration of theoretical research and judicial practice. It conducts in-depth, comprehensive, and systematic studies on the key, difficult, and controversial issues of individual crimes in the Criminal Law, making it a practical series that "focuses on judicial practice and serves frontline case handlers"; it is also a reference book to help public security and judicial personnel fully and correctly understand individual crimes in the Criminal Law and promote and improve case-handling quality. Guided by the basic theory of the Criminal Law and based on frontline case-handling practice, the series focuses on key, difficult, and controversial issues, integrating Criminal Law theory and judicial practice to explain in detail the key, difficult, and controversial issues of individual crimes from the perspective of judicial practice. Through analysis, reasoning, and argumentation of individual crimes, it resolves difficulties and ambiguities, providing guidance and references for frontline case handlers to help them correctly grasp and understand the key points in case handling, and accurately analyze and handle the difficult and ambiguous issues encountered. The series emphasizes practicality, linking theory with practice, relying on typical cases from judicial practice, and based on criminal law provisions, legislative interpretations, and judicial interpretations, it studies and analyzes key, difficult, and controversial issues in judicial practice. Combined with typical cases, it explains and clarifies issues theoretically, providing theoretical guidance for the correct application of laws in criminal judicial practice. The series emphasizes accuracy, ensuring that each discussion, especially the viewpoints presented on controversial issues, is grounded in legal, theoretical, and practical evidence. The series pursues novelty. First, the content is novel, based on the latest laws, regulations, legislative interpretations, and judicial interpretations, and utilizing the latest theoretical research findings to analyze practical problems in case handling. Second, the format is novel, as individual crimes are not discussed according to the four elements, but instead focus directly on key, difficult, and controversial issues in the constitution of crimes and judicial determination. Each book in the series focuses on the various crimes stipulated in the Division of the Criminal Law. Some books are composed of one chapter of the Division of the Criminal Law, while others are composed of one or several sections of a chapter in the Division of the Criminal Law. The series focuses on the practical application of individual crimes in the Criminal Law, and each crime requires a specific practical foundation. However, Chapters on endangering national security, Chapter VII on endangering national defense interests, and Chapter X on military personnel violating their duties are rarely applied in practice by local judicial organs, lack practical research content and individual cases, or do not fall under the jurisdiction of local judicial organs. Therefore, this series of books does not include these three parts. The specific table of contents is as follows:
1. Judicial Application of Crimes Endangering Public Safety
2. Judicial Application of Crimes Disrupting Market Management Order
3. Judicial Application of Crimes Hindering Taxation and Company (Enterprise) Management
4. Judicial Application of Crimes Endangering Financial Security, Interests, and Management Order
5. Judicial Application of Crimes Infringing on Intellectual Property Rights
6. Judicial Application of Crimes Infringing on the Human Rights and Democratic Rights of Citizens
7. Judicial Application of Crimes Infringing on Property
8. Judicial Application of Crimes Disrupting Public Order and Judicial Activities
9. Judicial Application of Crimes Hindering National (Border) Territory and Cultural Relics Management
10. Judicial Application of Crimes Endangering Public Health and Environmental Resources
11. Judicial Application of Crimes Related to Drugs
12. Judicial Application of Crimes Hindering Social Morality
13. Judicial Application of Crimes of Corruption and Bribery
14. Judicial Application of Crimes of Dereliction of Duty
To ensure the quality of the series, the authors who undertake the writing tasks are young scholars with doctorates, strong theoretical research capabilities, and practical experience, working in courts, procuratorates, or teaching and conducting research in key universities. The writing is completed in the form of individual monographs and joint works, and the final review and finalization are carried out by the executive chief editor and the chief editor. We are honored to invite Vice President Wang Zhenchuan of the Supreme People's Procuratorate, Vice Minister Luo Feng of the Ministry of Public Security, former Vice President Liu Jiachen of the Supreme People's Court, and the renowned criminal law scholar, professor, and doctoral supervisor Gao Mingxuan of the Law School, Renmin University of China, to serve as consultants for the series. We sincerely express our gratitude for this. We also sincerely thank Ms. Yang Ke, President of the Legal Press and the Legal Application Press, and the editors Ms. Wu Jianhong and Mr. Sun Junfu for their strong support and hard work in the publication of this series of books.