Criminal application of crimes against public health and environmental resources

Author: Zuo Jianwei / Shi Danru
Publisher:
Publish Date: 2006-03-01
Features: This series of books has the following characteristics:
1. Novelty. Content novelty: The series is based on the latest laws, regulations, legislative interpretations, and judicial interpretations, using new theoretical research findings to analyze and solve practical problems in case handling. Format novelty: It adds detailed indexes for readers to quickly find points of interest or issues they need to address; it no longer discusses individual crimes according to the four elements, but directly studies key, controversial, and difficult issues in judicial application.
2. Practicality. The series relies on typical cases from judicial practice, based on criminal laws, regulations, legislative interpretations, and judicial interpretations, to study key, controversial, and difficult issues in judicial application, providing practical theoretical guidance for criminal judicial practice.
3. Accuracy. Each discussion of issues is based on both legal and theoretical foundations, as well as practical evidence.
[Preface] General Preface
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, and 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, 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 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, to accurately use criminal law in judicial practice to combat new crimes and new forms of crime, and to effectively and timely exercise the social order protection and human rights protection functions of criminal law.
At the same time, since the implementation of the Criminal Law, both the academic community and the judicial system 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 practice 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 Individual Crimes in 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 studies on the key, difficult, and controversial issues of individual crimes in 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 individual crimes in criminal law, thereby promoting and improving case-handling quality.
Guided by the basic theory of criminal law, based on frontline case-handling practice, and centered on existing key, difficult, and controversial issues, the series maintains a 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 analysis, reasoning, and argumentation of individual crimes, it resolves difficulties and ambiguities, providing guidance and references for frontline practitioners to help them accurately grasp and understand the key points of crimes in case handling, and to correctly analyze and address difficult and ambiguous issues.
The series emphasizes practicality. It achieves the connection between theory and practice, relying on typical cases from judicial practice, based on criminal law provisions and legislative 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 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 supported by legal, theoretical, and practical foundations.
The series pursues novelty. First, content novelty: The entire series is based on the latest laws, regulations, legislative interpretations, and judicial interpretations, using new theoretical research findings to analyze practical problems in case handling. Second, format novelty: It does not discuss individual crimes according to the four elements, but directly studies and discusses key, difficult, and controversial issues in the constitution of crimes and judicial determination.
Each book in the series focuses on the various 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 individual crimes in criminal law. Each crime requires a specific practical foundation. However, Chapters of the Division of the Criminal Law—crimes endangering national security, crimes endangering national defense interests, and crimes committed by 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 specific table of contents is 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
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 engaged in teaching and 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 carried out by the executive chief editor and the chief editor.
We are honored to invite Vice President of the Supreme People's Procuratorate Wang Zhenchuan, Vice Minister of the Ministry of Public Security Luo Feng, former Vice President of the Supreme People's Court Liu Jiachen, and the renowned criminal law scholar, professor, and doctoral supervisor at the Law School of Renmin University of China, Gao Mingxuan, to serve as consultants for the series. We express our sincere gratitude to them.
We also sincerely thank Ms. Yang Ke, President of the Legal Press and the Legal Application Press, Ms. Wu Jianhong, editor, and Mr. Sun Junfu, editor, for their strong support and hard work in the publication of this series.