Corruption and Bribery Crimes: Judicial Application

Author: Zhao Hui
Publisher:
Publish Date: 2006-05-18
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. Since the revised Criminal Law was implemented on October 1, 1997, nearly eight years have passed. Over time, numerous new situations and issues have emerged in its implementation; new crimes have continuously appeared, and existing crimes have been constantly innovated 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 crimes in new forms in judicial practice, and effectively and timely fulfill the social order protection and human rights safeguarding functions of the Criminal Law.
At the same time, since the implementation of the Criminal Law, the theoretical community and the judicial community 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 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 under 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 and promote and improve the quality of case handling.
Guided by the basic theory of criminal law and based on frontline case-handling practice, the series focuses on key, difficult, and controversial issues, adhering to the 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 one by one. Through the analysis, reasoning, and argumentation of specific crimes, it resolves difficulties and ambiguities, provides guidance and references for frontline practitioners, and helps case handlers correctly grasp and understand the key points of specific crimes in case handling, enabling them to accurately analyze and handle the difficult and ambiguous issues that arise.
The series emphasizes practicality. It connects theory with practice, relying on typical cases in judicial practice, and based on the Criminal Law, legislative interpretations, and judicial interpretations, it studies and analyzes the key, difficult, and controversial issues in judicial practice. Combined with typical cases, it clarifies and explains theoretical issues, providing theoretical guidance for criminal judicial practice.
The series emphasizes accuracy. For each issue discussed, especially for controversial issues, the viewpoints proposed must be supported by legal, theoretical, and practical evidence.
The series pursues novelty. First, the content is novel: 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 judicial practice. Second, the format is novel: for specific crimes, it does not discuss the four constitutive elements one by one but directly studies the key, difficult, and controversial issues in the constitution of crimes and 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 of a chapter in the Division of the Criminal Law. 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 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.
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, Interests, 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
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 Bribery and Corruption 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 conducting teaching and research in key universities, possessing strong theoretical research capabilities and practical experience. The series is written in either individual or collaborative form, and it is finally reviewed and finalized by the executive chief editor and the chief editor.
We are honored to invite Wang Zhenchuan, Vice President of the Supreme People's Procuratorate, Liu Jiachen, former Vice President of the Supreme People's Court, Luo Feng, former Deputy Minister of the Ministry of Public Security, and 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 Yang Ke, President of the Legal Application Publishing Branch of the Law Press, and the editors Wu Jianhong and Pan Hongxing for their strong support and hard work in the publication of this series.
Novelty:
- Content Novelty: The series is based on the latest laws, regulations, legislative interpretations, and judicial interpretations, using the latest theoretical research findings to analyze issues in judicial practice.
- Format Novelty: It adds a detailed table of contents to help readers quickly find issues of interest or relevance. It no longer discusses specific crimes in terms of the four constitutive elements but directly studies the key, ambiguous, and difficult issues in the application of the law.
Practicality:
- The series relies on typical cases in judicial practice, based on the Criminal Law, legislative interpretations, and judicial interpretations, to study the key, ambiguous, and difficult issues in the application of the law, providing practical theoretical guidance for criminal judicial practice.
Accuracy:
- For each issue discussed, it ensures both legal and theoretical evidence, as well as practical evidence.