Establishment of charges, sentencing standards and application

Author: Zeng Bin
Publisher:
Publish Date: 2003-03-01
Features: Standards for Case Filing, Sentencing, and Their Application is organized in light of the current lack of comprehensive and systematic research and discussion on major issues such as case filing, sentencing standards, and other significant topics within the judicial and theoretical fields. It is compiled based on the author's extensive practical experience summarized over the years. The book starts from the actual needs of public security, procuratorate, and court agencies, as well as law enforcement personnel, and systematically explains all the case filing, sentencing, and conviction standards under the current criminal law provisions. It highlights practicality, novelty, and operability, striving for accuracy and authority.
Case filing, conviction, and sentencing standards are core issues in criminal justice, as well as and hot topics for law enforcement personnel when handling criminal and economic crimes. Public security, procuratorate, and court agencies commonly report that due to the lack of unified and quantifiable standards for case filing, it is difficult to accurately determine the scope of case filing in practice, leading to issues such as incorrect or missed filings. Long-standing problems in case filing, such as "unsubstantiated filings," "not breaking without filing," and "filing after breaking," have been hard to resolve fundamentally.
At the same time, the most challenging and critical issue for public security, procuratorate, and court agencies during investigation, arrest approval, prosecution review, and trial is how to fully grasp the conviction and sentencing standards, especially how to accurately apply legal provisions to specific cases. Under the ongoing improvement of democratic legal construction and the deepening implementation of the rule of law strategy, comprehensive research and study on case filing, conviction, and sentencing standards are of great significance for law enforcement personnel to firmly establish a legal mindset, improve the overall quality and efficiency of law enforcement, accurately and effectively combat various crimes, and maintain long-term national stability.
Currently, there is still a lack of comprehensive and systematic research and discussion on major issues such as case filing, conviction, and sentencing standards in the judicial and theoretical fields. Standards for Case Filing, Sentencing, and Their Application is the first comprehensive toolbook in China to explain the standards for case filing, conviction, and sentencing for various types of cases. It is compiled based on the current lack of comprehensive and systematic research and discussion on major issues such as case filing, sentencing standards, and other significant topics within the judicial and theoretical fields, combined with the author's extensive practical experience summarized over the years. The book fully explains all 418 types of cases covered by the Criminal Law, the Decision of the Standing Committee of the National People's Congress on Punishing the Crime of Fraudulently Purchasing Foreign Exchange, Evading Exchange Regulations, and Illegally Trading in Foreign Exchange, and the three Criminal Law Amendments. It provides detailed discussions on newly established crimes such as the crime of endangering public safety by disposing of hazardous substances, the crime of concealing or intentionally destroying accounting vouchers, books, and financial reports, the crime of fraudulently purchasing foreign exchange, the crime of fraudulently disposing of hazardous substances again, and the crime of fabricating or intentionally spreading false terrorist information.