Author: Li Yubei
Publisher:
Publish Date: 2005-10-01
Features: This series of books has the following characteristics:
Novelty: The content is novel, based on the latest laws, regulations, legislative interpretations, and judicial interpretations, and utilizes new theoretical research findings to analyze and solve practical problems in case handling. The format is innovative, with detailed indexes added for readers to quickly find relevant or required problem points. The discussion of individual crimes no longer follows the four elements one by one but directly studies the key, controversial, and difficult issues in judicial application.
Practicality: The series relies on typical cases from judicial practice, based on criminal laws, regulations, legislative interpretations, and judicial interpretations, to study the key, controversial, and difficult issues in judicial application one by one, providing practical theoretical guidance for criminal judicial practice.
Accuracy: Each discussion of issues is grounded in both legal and theoretical evidence as well as practical evidence. Criminal law is a fundamental law of our country, serving as a powerful tool to combat crime, protect human rights, maintain social stability, and promote economic development. It is closely related to every citizen and organization. The revised Criminal Law has been in effect since October 1, 1997, nearly eight years. Over time, numerous new situations and issues have emerged in its implementation. New crimes have continuously appeared, and existing crimes have evolved in terms of methods and forms. The Standing Committee of the National People's Congress has issued multiple amendments to the Criminal Law and legislative interpretations, while the Supreme People's Court and the Supreme People's Procuratorate have issued a series of judicial interpretations to address relevant issues in the implementation of the Criminal Law. It is essential to correctly understand and apply these newly issued legislative interpretations and judicial interpretations, accurately use criminal law to combat new crimes and new forms of crime, and effectively leverage the social order protection and human rights safeguarding functions of criminal law in judicial practice.
At the same time, since the implementation of the Criminal Law, the theoretical community and judicial circles have conducted in-depth and detailed research on it, achieving rich theoretical research results. How to systematically summarize, synthesize, and study these research findings and fully apply them to judicial practice, especially in the handling of criminal cases, to guide practice and serve frontline case handlers, is also very important.
To better study and organize criminal law theory and better guide and serve judicial practice, we have compiled this series of books, Judicial Application of Individual Crimes in Criminal Law. The series focuses on the new situations and issues that have emerged in judicial case handling since the implementation of the Criminal Law, adhering to the close integration of theoretical research and judicial practice. It conducts in-depth, comprehensive, and systematic studies on the key, difficult, and controversial issues of individual crimes, making it a practical series that "focuses on judicial practice and serves frontline case handlers." It is also a reference book to help public security and judicial personnel fully and correctly understand individual crimes in criminal law, thereby promoting and improving the quality of case handling.
Guided by the fundamental theory of criminal law and based on frontline case handling practice, with a focus on key, difficult, and controversial issues, the series adheres to the close integration of criminal law theory and judicial practice. It elaborates on the key, difficult, and controversial issues of individual crimes from the perspective of judicial practice. Through the analysis, reasoning, and argumentation of individual crimes, it resolves difficulties and clarifies controversies, providing guidance and references for frontline case handlers to help them accurately grasp and understand the key points of individual crimes in case handling, enabling them to correctly analyze and handle the difficult and controversial issues that arise.
The series emphasizes practicality. It achieves the integration of theory and practice, relying on typical cases from judicial practice and based on criminal law provisions and legislative interpretations, judicial interpretations, to study and analyze the key, difficult, and controversial issues in judicial practice. Combined with typical cases, it explains and clarifies theoretical issues, providing theoretical guidance for the correct application of law in criminal judicial practice.
The series emphasizes accuracy. This means that each discussion of issues, especially the viewpoints proposed for controversial issues, must be grounded in legal, theoretical, and practical evidence.
The series pursues novelty. First, the content is novel, based on the latest laws, regulations, legislative interpretations, and judicial interpretations, and utilizing new theoretical research findings to analyze practical problems in case handling. Second, the format is innovative. Instead of discussing individual crimes according to the four constitutive elements one by one, it directly studies and discusses the key, difficult, and controversial issues in the crime constitution and judicial determination.
Each book in the series focuses on the various types of crimes stipulated in the Criminal Code. Some books cover one chapter of the Criminal Code, while others cover one or several sections of a chapter. The series focuses on the practical aspects of individual crimes in criminal law. Each type of crime requires a specific practical foundation. However, the chapters on crimes endangering national security (Chapter 3), crimes endangering national defense interests (Chapter 7), and military personnel violating their duties (Chapter 10) are rarely applied in practice by local judicial organs, lack practical research content and individual cases, or do not fall under the jurisdiction of local judicial organs. Therefore, this series of books does not include these three sections.
Criminal Application of Drug Crimes
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