Criminal Law Forum. Volume 7

Author: Gao Mingxuan
Publisher:
Publish Date: 2003-09-01
Features: This volume contains over 20 papers, covering major aspects of criminal law, from Chinese criminal law to foreign criminal law, comparative criminal law, international criminal law to regional criminal law, from contemporary Chinese criminal law to the criminal law of revolutionary base areas. The content is rich, the data is detailed, and the readability is strong. Among them, the paper "On the Purpose of Criminal Law" written by Researcher Zhang Zhihui takes the rationality of criminal law as the perspective, focusing on the exploration of the purpose of criminal law. The author first reveals the basic characteristics of criminal rationality—purposefulness—and introduces different understandings of the purpose of criminal law in theory. Based on this, the author argues that the purpose of criminal law includes both the direct purpose pursued in the formulation and application of criminal law and the ultimate purpose to be achieved by restricting and ultimately achieving this direct purpose: the direct purpose of criminal law is to prevent crime, and the ultimate purpose is to maintain the existing social conditions. Dr. Shao Weiguo, in his paper "On the Basis of Fine Punishment," points out that as a part of the criminal punishment system, fine punishment shares commonalities with other criminal punishment systems, namely, its philosophical basis is the dialectical unity of retribution and utilitarianism. However, as an individual and special form of criminal punishment, its basis of retribution and utilitarian basis also has its own characteristics. Normally, fine punishment has grounds of humanity and economy, but they are only secondary grounds. They only have the meaning of criminal basis under the premise that they can meet the requirements of retribution and utilitarianism. Dr. Pi Yong's paper "Online Child Pornography Crime and Criminal Legislation Research" first summarizes and discusses the meaning, classification, causes, and control measures of online child pornography crime, and introduces international legislation on online child pornography crime. On this basis, the author elaborates in detail the current status and improvement of relevant criminal legislation in China. Dr. Min Chunlei's paper "Research on Several Issues of Evidence Obstruction Crime" aims to strengthen the criminal protection of evidence by studying the concept, characteristics, and legislative improvement of evidence obstruction crimes, thereby deterring the occurrence of such crimes. The paper co-authored by Zhou Shaohua and Zhang Balian, "Critical Analysis of Legislative Provisions on the Crime of Misappropriation of Public Funds," first examines the historical development of the crime of misappropriation of public funds from a historical perspective, then analyzes the nature of the act from the perspective of the object of crime, and points out the basic defects in the legislative provisions of the crime of misappropriation of public funds. On this basis, the authors put forward their brief conclusions and suggestions. Professor Zhang Xipo, a senior expert in legal history, in his paper "Anti-Corruption and Criminal Legislation in Revolutionary Base Areas of China," focuses on analyzing the experience of anti-corruption and combating corruption during the revolutionary base period in China, and believes that these historical experiences are of great significance for the current fight against corruption crimes in China and the promotion of socialist legal system construction. Professor Xie Wangyuan's translated paper "Swiss Criminal System and Criminal Reform" elaborates in detail the current basic criminal system of Switzerland on the basis of extensively collecting and possessing first-hand data, and reviews the early history of Swiss social services. The paper co-authored by Professor Zhao Bingzhi and Dr. Zuo Jianwei, "Comparative Study of Main Probation Types in the Contemporary World," explores the existing main types of probation and reveals the concepts, nature, and characteristics of various types of probation on this basis. This undoubtedly helps us correctly understand the advantages and disadvantages of the current probation systems in various countries and, in the process of integrating foreign and domestic practices, to leverage strengths and avoid weaknesses. Dr. Wang Junping's paper "Comparative Study on Constituent Elements of Negligent Crime" analyzes the problems in the design of the constituent elements of negligent crimes stipulated in Articles 134 to 139 of the Criminal Law of the People's Republic of China, and on this basis proposes suggestions for relevant legislation. The extradition system gradually established and improved in recent years among member states of the European Union is the main content of international criminal judicial assistance between European and EU countries, and it also has significant progress and exemplary meaning in the world. In view of this, this volume includes a group of papers and translations in the "International Criminal Law" section, specializing in the introduction and research on the extradition system of EU countries. Among them, there are full translations of important legal documents such as the "Extradition Convention between Member States of the European Union" and the "Extradition Procedure Convention between Member States of the European Union," as well as specialized research on the extradition system of EU countries. It is believed that the publication of this group of articles will enable the criminal law theory and practice circles in China to have a more comprehensive understanding of the extradition system of EU countries, which is of great significance for the development and improvement of the extradition system in China and related countries. The "Regional Criminal Law" section introduces two papers by Professor Ma Kechang, a famous criminal law scholar in China, "The Content of Regional Criminal Judicial Assistance in China" and "A Study on the Recognition of Criminal Judgments of the Court of Taiwan." Professor Ma Kechang divides China's regional criminal judicial assistance into narrow criminal judicial assistance, transfer of suspects and convicted persons, and new forms of criminal judicial assistance, and conducts specific analysis and demonstration. Associate Professor Lin Wei, in his paper, takes the hijacking case of Han Shuxue as an entry point, discusses the jurisdictional disputes between the mainland and Taiwan over hijacking crime cases, and explains the issue of mutual recognition of criminal judgments. In the "Legal Masters" section of this volume, Professor Lu Jianping, with a fresh writing style, describes his experience of interacting with the great criminal law master, Professor Marc Ancel, during his studies in France, allowing readers to personally feel the noble personal charm of Professor Ancel. Through Professor Lu's writing, the image of a persistent, enthusiastic, knowledgeable, and supportive academic master is vividly depicted. The "Legal Information" section includes the paper co-authored by Professor Zhao Bingzhi and Dr. Xu Chenglei, "Review and Outlook of Criminal Law Research in 2002," which summarizes the criminal law research of 2002, believing that the criminal law research in China in the past year fully reflects innovation, not only in research methods and perspectives but also in new progress in basic theoretical research. This undoubtedly presents us with the latest dynamics of criminal law research, helping us to grasp the forefront pulse of criminal law research as a whole.