Obstruction of Taxation. Corporate (Enterprise) Management Criminal Judicial Application - Criminal Law Individual Crime Judicial Application 3

Author: Zhou Hongbo
Publisher:
Publish Date: 2006-03-01
Features: 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 unit. 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 constantly evolved in terms of methods and forms. The Standing Committee of the National People's Congress has promulgated 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 promulgated legislative interpretations and judicial interpretations, and to accurately use the Criminal Law in judicial practice to combat new crimes and crimes in new forms, thereby effectively fulfilling the social order protection and human rights safeguarding functions of the Criminal Law. At the same time, since the implementation of the Criminal Law, both the theoretical community and the judicial community have conducted in-depth and meticulous 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 investigation and handling of criminal cases, to guide practical work and serve frontline practitioners, is also very important. To better study and organize criminal law theory and to better guide and serve judicial practice, we have compiled the series "Judicial Application of Specific Crimes in the Criminal Law." The series addresses new situations and issues that have emerged in judicial practice since the implementation of the Criminal Law, adhering to the close integration of theoretical research and judicial practice. It conducts an in-depth, comprehensive, and systematic study of the key, difficult, and controversial issues in specific crimes under the Criminal Law, making it a practical series that "focuses on judicial practice and serves frontline practitioners." It is also a reference book that helps public security and judicial personnel fully and correctly understand specific crimes under the Criminal Law, thereby promoting and improving the quality of case handling. The series is guided by the basic theory of the Criminal Law, based on frontline case-handling practice, and centered on key, difficult, and controversial issues. It adheres to the close integration of criminal law theory and judicial practice, elaborating on the key, difficult, and controversial issues of specific crimes from the perspective of judicial practice. Through the analysis, reasoning, and argumentation of specific crimes, it resolves difficulties and ambiguities, providing guidance and reference for frontline practitioners, helping them correctly grasp and understand the key points in case handling, and enabling them to accurately analyze and address the difficult and ambiguous issues in their cases. The series emphasizes practicality. It achieves the integration of theory and practice, relying on typical cases in judicial practice, and based on the provisions of the Criminal Law and legislative interpretations and judicial interpretations, it studies and analyzes the key, difficult, and controversial issues in judicial practice. Combined with typical cases, it explains and clarifies these issues theoretically, providing theoretical guidance for the correct application of law in criminal judicial practice. The series emphasizes accuracy. That is, the discussion of each issue must be grounded in legal, theoretical, and practical evidence, especially when addressing controversial issues. The series pursues novelty. First, the content is novel, as the entire series is based on the latest laws, regulations, legislative interpretations, and judicial interpretations, using the latest theoretical research findings to analyze issues in case handling. Second, the format is novel, as it does not discuss specific crimes in terms of the four constitutive elements but instead directly studies and discusses the key, difficult, and controversial issues in the constitutive elements and judicial determination of crimes. Each book in the series focuses on specific crimes stipulated in the Division of the Criminal Law. Some books cover one chapter of the Division of the Criminal Law, while others cover one or several sections within a chapter of the Division of the Criminal Law. The series focuses on the practical application of specific crimes under the Criminal Law, and each crime must have a specific practical foundation. However, the chapters on crimes endangering national security (Chapter 4), 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 does not include these three parts.