Analysis of Cases Involving the Conviction and Sentencing for the Crime of Producing and Selling Counterfeit Goods

Author: Shi Weizhong
Publisher:
Publishing Date: 2003-01-01
Features: The problems in the implementation of criminal law are primarily reflected in two aspects: conviction and sentencing. Because conviction and sentencing are the activities of national judicial organs in determining whether a suspect is guilty or not guilty, what crime they have committed, and the application of criminal penalties. They are the two fundamental issues that the entire criminal justice system aims to resolve, playing a pivotal role in punishing crimes, protecting the people, safeguarding reform and opening up, and ensuring the healthy development of the socialist market economy. Improving the quality of criminal justice personnel, achieving accurate conviction and appropriate sentencing, is the fundamental guarantee for improving the quality of case handling, and also an imperative and important task for the academic community of criminal law theory. Based on the above considerations and adhering to the principle of combining theoretical research with judicial practice, we have invited experts, professors, and doctoral candidates from institutions such as Peking University, Renmin University of China, Wuhan University, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security since 1999 to jointly compile a series of books titled Conviction and Sentencing. Our goal is to offer readers a comprehensive, systematic, detailed, in-depth, and highly practical large-scale criminal law practical research series. This series took more than three years to complete and consisted of thirty-two volumes.
Since its publication, the Conviction and Sentencing series has been reprinted multiple times, achieving widespread influence and receiving high praise from renowned professors such as Gao Mingxuan and Ma Kechang. Professor Gao Mingxuan remarked, "This is a contribution to the study of criminal law in China!" To conduct in-depth research on certain theoretical issues in the Conviction and Sentencing series and to help readers study the series more systematically in conjunction with practical cases, at the strong request of a broad readership, the editorial board has decided to launch a companion series titled Case Commentaries on Conviction and Sentencing (hereinafter referred to as the Case Commentaries series).
As the sister series to the Conviction and Sentencing series, the Case Commentaries series corresponds in title, with the authors also striving to maintain the same team. The writing format of the Case Commentaries series consists of three main parts:
Part I: Difficult Issues in the Conviction and Sentencing of "Certain Crime" (or "Certain Category of Crime")
This part deepens the content of the corresponding Conviction and Sentencing book already published, serving as the "essence" of studying "certain crime" (or "certain category of crime"). It is written in thematic chapters (one theme per chapter), primarily focusing on the difficult issues in identifying the crime (or category of crime) as opposed to non-crime, distinguishing between different crimes, differentiating between completed and incomplete crimes, identifying single or multiple crimes, and sentencing issues. The explanations are authoritative and concise.
Part II: Case Commentaries on "Certain Crime" (or "Certain Category of Crime")
The cases selected for this part are primarily those with judgments rendered after the implementation of the new criminal law. Each case is divided into five parts:
1. Main Facts;
2. Court's Determination;
3. Difficult Issues;
4. Divergent Opinions;
5. Commentaries.
The "Main Facts" section briefly introduces the key points of the case; the "Court's Determination" section mainly introduces the crime determined by the court and the type of penalty imposed; the "Difficult Issues" section highlights the key theoretical points of the case, guiding readers in analyzing the situation; the "Divergent Opinions" section provides a detailed explanation of each viewpoint and its reasoning without evaluation; the "Commentaries" section provides an in-depth analysis of the strengths and weaknesses of each viewpoint, followed by a summary that reflects the author's stance.
Part III: Relevant Laws, Regulations, and Interpretations
This part mainly includes:
1. Relevant laws and regulations;
2. Relevant criminal law interpretations.
The focus is on interpretations and internal regulations of relevant judicial departments.