Crime of violating the personal rights of citizens

Author: An Ao
Publisher:
Publish Date: 2003-01-01
Features: Comparative law is an important method for studying law and a branch discipline within the field of jurisprudence. Due to the existence of different legal systems in the world and the similarities and differences among national laws, the need to learn from the laws of other countries has given rise to comparative law, and criminal law, as one of the important departments of law, is no exception. Because of differences in politics, economy, culture, customs, and historical traditions among countries, their criminal theories each have unique characteristics. However, as a social culture, criminal law is a crystallization of human wisdom, and in maintaining social order, it is common to all. This forms the comparability of criminal laws across countries. Comrade Mao Zedong once pointed out that "in the world, things always exist in comparison and develop through struggle." Comparison is necessary to evaluate strengths and weaknesses, and to learn and absorb. This applies to general matters as well as criminal legislation. Therefore, strengthening the comparative study of criminal law, understanding and learning from foreign criminal laws, and achieving "making foreign things serve China," is of great significance for improving China's criminal law. Currently, China is in an unprecedented period of institutional transformation, and the impact of this transformation is profound. Especially with the frequent international exchanges and the increasing number of cross-border criminal cases resulting from China's opening-up process, legal conflicts are becoming increasingly common. Thus, how to safeguard and promote the healthy development of the socialist market economy, optimize China's investment legal environment, make China's criminal law face the world, and gradually align with international standards has become an important issue facing criminal law theoretical research in China. After China's entry into the WTO, this task has become particularly urgent. Based on this consideration, we have organized the compilation of this series of comparative studies, hoping to "borrow stones from other mountains" to promote China's criminal law and rule of law construction. This series focuses on comparative studies of specific criminal law provisions. This is because China's comparative studies of criminal law started relatively late, and from the perspective of research scope, past studies were mainly concentrated on macro-level comparative research of basic criminal theories. While this is important, comparative studies of specific criminal law provisions are also essential. Given the current state of research in China, comparative studies of individual crimes under criminal law provisions are still very weak. Therefore, based on the needs of theoretical research and judicial practice, we have chosen some common and frequently occurring crimes in criminal law provisions, as well as some current hot issues, for comparative study. The selected comparative study topics are: 1. Comparative Study of Crimes Against the Rights of Citizens 2. Comparative Study of Crimes Against Intellectual Property 3. Comparative Study of Cyber Crimes 4. Comparative Study of Medical Crimes The purpose of compiling this series is to provide a reliable theoretical basis for improving China's criminal law legislation by analyzing and comparing criminal law systems in various countries. To achieve this goal, the series aims to embody the following characteristics: (1) Comprehensive and Systematic. To better absorb and learn from advanced criminal law legislative experiences abroad, the authors have extensively collected legislative materials from civil law and common law systems, as well as from Hong Kong, Macao, and Taiwan regions of China, including a significant portion of foreign language materials. Based on this, they have conducted thorough arguments and proposed points for reference. (2) In-depth and Detailed. Comparative studies focus on persuading through reason. In this series, the authors have not only carefully examined the similarities and differences in criminal law systems across countries but have also deeply explored the backgrounds of these systems, conducted realistic evaluations of their advantages and disadvantages, and made the book more persuasive. (3) Highlighting Key Points. Criminal law systems in different countries have both similarities and differences, and comparative studies often focus on the "differences." Based on this characteristic, the series distinguishes between common and frequent crimes and general crimes, as well as between key and hot issues within these crimes, providing detailed discussions with varying levels of depth. On the other hand, it focuses on analyzing the differences between Chinese and foreign criminal law systems, while only providing general introductions to other issues. In terms of the selection and arrangement of authors, to ensure the academic quality and theoretical level of this series, all authors are doctoral students or doctors in criminal law, including judges and prosecutors with years of judicial practice. The writing style is also flexible, allowing for either solo authorship or co-authorship by two or three people. The series is first compiled by the chief editor to determine the topics and writing plan, and to select the authors for each book. Then, the authors propose writing outlines and content ideas, which are reviewed by the chief editor. After the authors complete the manuscripts, they are submitted to the chief editor for approval. The chief editor reviews the main viewpoints and technical norms of each book to ensure consistency in style and format across the entire series. Comparative studies of crimes against human rights can broaden our perspective, enhance our understanding and mastery of different theories and systems, and thus facilitate the evaluation of their advantages and disadvantages, allowing us to learn from the experience and lessons. There are a few points to note about this book:
1. Regarding the title of the book. Citizens refer to natural persons with the nationality of a particular country. From the perspective of legislative practices in various countries, it is rare to see foreign citizens or stateless persons excluded from the protection of a country's criminal law. Perhaps the phrase "crimes against the rights of citizens" in Chapter 4 of the criminal law provisions of our country is a legislative oversight. Therefore, we believe that the title "Comparative Study of Crimes Against Human Rights" is more appropriate.
2. Regarding the arrangement of the book. The starting point and destination of this book are to improve China's legislation, judicial practice, and theoretical research on crimes against human rights. Therefore, the format and arrangement are primarily based on China's criminal law while also taking into account foreign legislation and theories.