Criminal Trial Reference. Volume 3 (Part 1 and Part 2)

Author: Criminal Trial Tribunal No. 1 and Criminal Trial Tribunal No. 2 of the Supreme People's Court of the People's Republic of China
Publisher:
Publishing Date: 2002-12-01
Features: The Supreme People's Court Criminal Trial is a professional research and guidance publication of the Supreme People's Court Criminal Trial. The Criminal Trial Reference (2001 annual issue) is a concise edition of the 1st, 3rd, 5th, 7th, 9th, and 11th issues. Due to the limitations of the editorial format, the key interpretations of legal application issues in the Criminal Trial Reference may be overshadowed by case summaries and article titles. To facilitate readers' reference and application, we have extracted the specific legal application issues from the cases and articles in the Criminal Trial Reference·Volume 3 (Upper and Lower) and marked them as marginal notes at the corresponding page edges. Additionally, a subject index is appended to the table of contents. The Criminal Trial Reference·Volume 3 (Upper and Lower) follows the structure of the Criminal Law and Criminal Procedure Law, organized into the following sections:
- Cases: Selected typical and challenging cases from courts at all levels across the country, which have research value and provide guidance for criminal judicial work. The "Judgment Rationale" is not academic discussion but rather authoritative, clear, and specific explanations by various courts on how to determine facts and evidence, how to apply laws and judicial interpretations for conviction and sentencing, and other substantive and procedural issues. These reflect the unique insights of senior judges from various courts in applying general legal principles to specific cases, as well as the basic views of the Supreme People's Court Criminal Trial on these issues, making them the essence of this book.
- Laws, Regulations, and Judicial Interpretations: Includes newly promulgated criminal laws, laws with criminal liability provisions, regulations, criminal judicial interpretations, and relevant central authorities' provisions and normative documents on specific criminal identification and liability.
- Understanding and Application of Laws, Regulations, and Judicial Interpretations: Articles written by colleagues who participated in drafting laws and judicial interpretations, providing explanations and background information.
- Clarifications on Judicial Practice: Selected conclusions on challenging legal application issues in criminal cases, approved by discussions at the Supreme People's Court Criminal Trial meeting of the presiding judges.
- Special Discussions: Discussions by authoritative experts from judicial practice departments on common and challenging issues in the application of criminal law.
- Selected Judgments: Outstanding judgment documents prepared by courts at all levels in accordance with the new Judgment and Criminal Procedure Document Formats of the People's Courts.