Criminal Law Forum · Volume 9

Author: Gao Mingxuan, Zhao Bingzhi (Editor-in-Chief)
Publisher:
Publish Date: 2005-04-01
Features: The 9th volume of Criminal Law Forum includes 16 articles, covering various fields of criminal law such as Chinese criminal law, foreign criminal law, comparative criminal law, international criminal law, and regional criminal law. The content includes in-depth theoretical research on fundamental issues like criminal policy and unit crimes, as well as pioneering explorations into practical problems such as withdrawal from complicity and partial complicity. The volume features both lengthy essays exceeding 60,000 words and concise, insightful short articles, along with valuable informational resources.
The Chinese Criminal Law section includes 10 papers. Professor Yang Xingpei, in his article "Research on the Future Trends of Criminal Policy from the Perspective of Integrated Criminal Law Studies," points out that the future direction of China's criminal policy, at the practical level, may depend on the occurrence and development of crimes; at the profound level, it will depend on our renewed understanding of the causes of crime; and at the theoretical level, it will depend on the transformation of the fundamental attitudes of criminal law theories that support criminal policy. The author argues that establishing a theory that integrates criminal law within criminology, highlighting the social status and role of criminology, will have a significant impact on China's criminal policy. Professor Wang Zuofu and Dr. Zhuang Jing, in their article "Hacking: Subcultural Culture, Psychological Types, and Criminal Law Responses," analyze the cultural and psychological factors behind hacking behavior and, based on the concept of "polarized criminal policy," specifically explore criminal legislative responses to hacking. The authors advocate distinguishing between high-risk hackers and mild hackers and adopting differentiated criminal legislative measures. Professor Feng Jun's article "Unit Crimes in the New Criminal Law" first introduces the legislative status of unit crimes, describes and critiques the theoretical debates and judicial practices in China's criminal law academia regarding unit crimes. Building on this, the author delves into the specific issues in the legislative design of unit crimes under the new criminal law and proposes solutions. Associate Professor Wei Dong and Prosecutor Zhang Guya's article "Review of Corporate Criminal Responsibility" first introduces the basic theory of corporate crimes and the general principles of corporate criminal responsibility, then explores the implementation mechanisms of corporate criminal responsibility. Based on this, the paper specifically elaborates on the improvement of China's corporate criminal responsibility in terms of the scope of corporate crimes, the design of crime constitutions, and the allocation of statutory penalties.
This volume also includes a series of articles on joint crimes. Dr. Chen Jialin's article "Research on Joint Criminal Liability by Agreement" introduces the theory of joint criminal liability by agreement and focuses on analyzing relevant doctrines in Japan and Germany. The author concludes that China has no need to adopt this theory. Dr. He Ronggong's article "On the Theoretical Basis of Partial Joint Criminal Liability" introduces the basic theory of partial joint criminal liability and discusses related identification issues. Dr. Tian Penghui then specifically examines the "Basic Types of Partial Joint Criminal Liability." The author argues that partial perpetrators, partial organizers, partial inciters, and partial accomplices can all constitute joint crimes. Prosecutor Pan Li's article "On the Establishment of Incitement Crimes" introduces the relevant theory of inciters and advocates for the independent criminalization of non-joint inciters, providing detailed explanations on the concept, constitutive elements, and legislative design of incitement crimes. Dr. Liu Lingmei's article "On the Concept and Constitutive Elements of Accomplice Crimes" defines the concept of accomplice crimes and discusses their constitutive elements from both subjective and objective perspectives. Dr. Lai Zaoxing's article "Exploring Ancient China's Heavy Punishment Views" is a historical criminal law study. The paper introduces and critiques the evolution of ancient China's heavy punishment views, concluding that the concept of heavy punishment should be abandoned as a necessary requirement for achieving the rationality of criminal law values.
The Foreign Criminal Law section features an article by Professor Malcolm D. Evans of the University of Bristol, UK, titled "Major Factors, Significant Developments, and British Experience in the International Legal System for Preventing Torture." The author elaborates on the progress and challenges in preventing torture within the international community and particularly introduces the British experience in this regard. The article may be beneficial for China's practice of prohibiting torture. The Comparative Criminal Law section includes two papers. Professor Diao Hongxian and Dr. Wang Mingxing's joint article "Comparative Study on Patent Crimes" conducts an in-depth comparison of legislative models, types, and constitutive elements of patent crimes in various countries and proposes numerous improvements for China's patent crimes. Dr. Cheng Hong's article "Comparative Study on the Protected Interests of Environmental Criminal Law and Environmental Protection Law" attempts to provide references for reconstructing the concept of environmental criminal law in mainland China by comparing the protected interests of environmental criminal law and environmental protection law.
The International Criminal Law section includes an article translated by Professor Zhao Bingzhi et al. titled "Contemporary Practice of Universal Jurisdiction—Disagreements and Developments" by Professor Chandra Lekha Sriram of the University of California. The article, through an introduction to several recent cases advocating for universal jurisdiction, aims to reveal the nature and scope of universal jurisdiction. The Regional Criminal Law section features an article by Professor Zhao Guoqiang of the University of Macau titled "Criminal Protection of Intellectual Property in Macau's Intellectual Property Domain." The paper first provides an overview of Macau's intellectual property legislation, then discusses the criminal protection of specific intellectual property rights in Macau, including copyrights, industrial property, computer programs, audio and video recordings.
The Academic Information section includes a review by Drs. Du Qixin and Du Xiaojun titled "Symposium Review on the of U.S. Troops in Iraq." The paper summarizes the key discussion points of the specialized academic seminar "The of U.S. Troops in Iraq and Human Rights Protection in International Criminal Law," held by the Criminal Law Science Research Center of Renmin University of China on May 21, 2004.