Clarification of Key and Difficult Issues in Criminal Proceedings by Public Security, Procuratorate, and People's Courts

Author: Xiong Xuanquan
Publisher:
Publishing Date: 2005-07-01
Features: To adapt to the needs of judicial practice and promote the fairness and efficiency of criminal justice, experts from the Supreme People's Court and the Supreme People's Procuratorate have organized the writing of this series, "Interpretation of Key and Difficult Issues in Criminal Proceedings by Public Security, Procuratorate, and Court." This book combines theoretical research on criminal law with judicial practice, discussing and providing answers to specific issues encountered in criminal proceedings. The book is divided into five volumes, consisting of three parts: Part I, Issues in the Application of the General Principles of Criminal Law; Part II, Issues in the Application of the Specific Provisions of Criminal Law; and Part III, Issues in Criminal Procedure. The basis for the answers provided in this book primarily includes laws and regulations formulated by the National People's Congress and the State Council, interpretations issued by the "Two Highs" (Supreme People's Court and Supreme People's Procuratorate), and authoritative theories of criminal law. It also incorporates important content from other books that guide criminal proceedings and the essence of research findings in criminal judicial theory. The book is well-organized with clear structure, making it convenient for readers to consult. It is highly practical and authoritative, making it an essential legal reference for public security officers, procuratorial staff, judges, lawyers, and other legal researchers.
The book "Interpretation of Key and Difficult Issues in Criminal Proceedings by Public Security, Procuratorate, and Court" is suitable for public security officers, procuratorial staff, judges, and lawyers engaged in criminal proceedings and criminal law research. The authors of this book are all professional researchers with advanced professional titles or doctorates and extensive judicial practice experience. To adapt to the needs of judicial practice and promote the fairness and efficiency of criminal justice, the authors combine theoretical research on criminal law with judicial practice, discussing and providing answers to specific issues encountered in criminal proceedings. Most of the issues addressed in the book are closely related to criminal proceedings. These key and difficult issues are specific problems collected from judicial practice through research conducted by the authors. They not only relate to the accurate and fair handling of criminal cases but also involve many difficult issues in criminal law theory.
To facilitate the use and reference of the book, it is organized in the order of the provisions of the Criminal Law and the Criminal Procedure Law. The chapter, section, and index structure largely follows the format of the legal codes. The titles are listed in an enumerated form. The issues listed in the book are categorized according to the provisions of the law and answered one by one. The basis for the answers primarily includes laws and regulations formulated by the National People's Congress and the State Council, interpretations issued by the "Two Highs," and authoritative theories of criminal law. It also incorporates important content from other books that guide criminal proceedings and the essence of research findings in criminal judicial theory. For issues in the general principles, the focus is on theoretical elaboration and guidance; for issues in the specific provisions and procedure, the focus is on the practical application and operation of the law.
Since the subject matter of the book is derived from judicial practice, the content and structure of the book are designed with the practicality and convenience of judicial practice in mind. The purpose is to help criminal proceedings personnel and professional researchers accurately apply the law, improve the quality and speed of cases, and enhance research outcomes, effectively addressing common issues in judicial practice and the application of criminal law.
This book is an expansion, revision, and adaptation of the authors' previous research findings, aimed at meeting the needs of the evolving criminal law and diverse criminal cases. The book is divided into three parts: Part I, Issues in the Application of the General Principles of Criminal Law; Part II, Issues in the Application of the Specific Provisions of Criminal Law; and Part III, Issues in Criminal Procedure. Part I and Part II focus on elaborating and explaining issues related to conviction and sentencing, while Part III primarily addresses issues in criminal procedure. The book consists of five volumes, with a total of approximately 5.5 million words, collecting over 2,000 typical and difficult issues. It includes the constitutive elements and typical cases for multiple crimes stipulated in the Criminal Law.
To facilitate the search for relevant references during proceedings, the book also includes a large number of provisions from related laws, regulations, and interpretations. These provisions are scattered across various legal books and are difficult to find at once. However, this book categorizes and compiles them, appending them after each chapter and section, making the references clear, highly applicable, and easy to locate.