Criminal Application of Corruption and Bribery Crimes - Criminal Application of Individual Crimes 13

Author: Zhao Hui
Publisher:
Publish Date: 2006-04-01
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, accurately use the Criminal Law to combat new crimes and new forms of crime in judicial practice, and effectively leverage the Criminal Law's functions in protecting social order and safeguarding human rights. At the same time, since the implementation of the Criminal Law, 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 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 in-depth, comprehensive, and systematic research on the key, difficult, and controversial issues of 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 legal and political officers fully and correctly understand specific crimes under the Criminal Law, thereby promoting and improving case-handling quality. Guided by the fundamental theory of criminal law and based on frontline case-handling practice, the series focuses on key, difficult, and controversial issues, maintaining a close integration of criminal law theory and judicial practice. From the perspective of judicial practice, it elaborates on the key, difficult, and controversial issues of specific crimes. Through analysis, reasoning, and argumentation of specific crimes, it resolves difficulties and ambiguities, providing guidance and reference for frontline practitioners, helping case-handlers correctly grasp and understand the key points in their cases, and enabling them to accurately analyze and handle the difficult and ambiguous issues. The series emphasizes practicality. It connects theory with practice, relying on typical cases in judicial practice and basing its research on criminal law provisions, legislative interpretations, and judicial interpretations to study and analyze key, difficult, and controversial issues in judicial practice. Combined with typical cases, it explains and clarifies theoretical issues, providing theoretical guidance for criminal judicial practice. The series emphasizes accuracy. It ensures that the discussion of each issue is grounded in legal, theoretical, and practical evidence, especially when addressing controversial issues. The series pursues novelty. First, the content is novel, based on the latest laws, regulations, legislative interpretations, and judicial interpretations, and using the latest theoretical research findings to analyze issues in judicial practice. Second, the format is novel. Instead of discussing specific crimes according to the four constitutive elements, it directly studies the key, difficult, and controversial issues in the constitution of crimes and their judicial determination. 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. The series focuses on the practical application of specific crimes under the Criminal Law. Each crime requires a specific practical foundation. However, Chapters on endangering national security, Chapter VII on endangering national defense interests, and Chapter X on military personnel violating their duties are rarely applied in practice by local judicial authorities, lacking practical research content and individual cases, or falling outside the jurisdiction of local judicial authorities. Therefore, this series does not include these three chapters. The individual books in the series are as follows:
1. Judicial Application of Crimes Endangering Public Safety
2. Judicial Application of Crimes Disrupting Market Management Order
3. Judicial Application of Crimes Hindering Taxation and Company (Enterprise) Management
4. Judicial Application of Crimes Endangering Financial Security and Interest and Management Order
5. Judicial Application of Crimes Infringing on Intellectual Property Rights
6. Judicial Application of Crimes Infringing on the Human Rights and Democratic Rights of Citizens
7. Judicial Application of Crimes Infringing on Property Rights
8. Judicial Application of Crimes Disrupting Public Order and Judicial Activities
9. Judicial Application of Crimes Hindering National (Border) Territory and Cultural Relics Management
10. Judicial Application of Crimes Endangering Public Health and Environmental Resources
11. Judicial Application of Drug Crimes
12. Judicial Application of Crimes Hindering Social Morality
13. Judicial Application of Corruption and Bribery Crimes
14. Judicial Application of Dereliction of Duty Crimes
To ensure the quality of the series, the authors who undertake the writing tasks are young scholars with doctoral degrees, working in courts, procuratorates, or teaching and conducting research in key universities, possessing strong theoretical research capabilities and practical experience. The series is completed through individual monographs and joint works, with the final review and editing conducted by the executive chief editor and the chief editor. We are honored to invite Vice President Wang Zhenchuan of the Supreme People's Procuratorate, former Vice President Liu Jiachen of the Supreme People's Court, former Deputy Minister Luo Feng of the Ministry of Public Security, and Professor Gao Mingxuan, a renowned criminal law scholar, professor, and doctoral supervisor at the Law School of Renmin University of China, to serve as consultants for the series. We express our sincere gratitude to them. We also extend our heartfelt thanks to Ms. Yang Ke, President of the Legal Application Publishing Department of the China Legal Publishing House, Ms. Wu Jianhong, editor, and Mr. Pan Hongxing, editor, for their strong support and hard work in the publication of this series.
Novelty:
- Content: Based on the latest laws, regulations, legislative interpretations, and judicial interpretations, using the latest theoretical research findings to analyze issues in judicial practice.
- Format: Added detailed tables for readers to quickly find issues of interest or relevance, and no longer discuss specific crimes according to the four constitutive elements, but directly study the key, ambiguous, and difficult issues in the application of criminal law.
Practicality:
- Relies on typical cases in judicial practice and bases its research on criminal law provisions, legislative interpretations, and judicial interpretations to study and analyze key, ambiguous, and difficult issues in the application of criminal law, providing practical theoretical guidance for criminal judicial practice.
Accuracy:
- Ensures that the discussion of each issue is grounded in legal, theoretical, and practical evidence, especially when addressing controversial issues.