Offense crime - Case filing. Conviction. Sentencing standards

Author: China Legal Publishing House / Country: Mainland China
Publisher:
Publishing Date: 2006-07-01
Features: The establishment of cases by People's Courts, People's Procuratorates, or Public Security Organs requires certain standards. The standard for case establishment refers to the threshold of amount or circumstances required for the objective aspects of a crime, which can be categorized into amount standards, circumstance standards, act standards, result standards, and danger standards. The standard for conviction refers to the elements of a crime. The elements of a crime include the object of the crime, the objective aspects of the crime, the subject of the crime, and the subjective aspects of the crime. Conviction also requires attention to the distinction between crime and non-crime, between this crime and that crime, as well as the issue of one crime versus multiple crimes. The standard for sentencing is the measure used by People's Courts to impose penalties after conviction. Sentencing must consider the circumstances. Sentencing circumstances can be categorized into statutory circumstances, discretionary circumstances, mitigating circumstances, and aggravating circumstances. Mitigating circumstances include lenient punishment, reduced punishment, and exemption from punishment. To help judges, procurators, public security officers, lawyers, and other citizens fully and accurately understand relevant criminal law provisions, facilitate case handling, we have invited experts and scholars from the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, China University of Political Science and Law, and Peking University to compile the "Standards for Case Establishment, Conviction, and Sentencing Series." This series consists of three volumes: "Standards for Economic Crime Case Establishment, Conviction, and Sentencing," "Standards for Duty Crime Case Establishment, Conviction, and Sentencing," and "Standards for Ordinary Criminal Crime Case Establishment, Conviction, and Sentencing." The series has the following features:
1. Practicality: The series is structured based on the needs of case handling, with separate sections for each crime, including [Definition], [Conviction Standard], [Case Establishment Standard], [Sentencing Standard], [Evidence Requirements], [Definition Standards], and [Legal Basis]. The [Definition Standards] include "Crime vs. Non-Crime," "This Crime vs. That Crime," "One Crime vs. Multiple Crimes," and "Aggravating vs. Mitigating."
2. Up-to-Date: The series is compiled based on the most recent effective laws, criminal regulations, and judicial interpretations as of December 31, 2004.
3. Accuracy: The authors are Ph.D.s engaged in public security, procuratorial, and judicial work, as well as teaching and research, with solid legal foundations and a deep understanding of judicial practice, ensuring the accuracy of the content.
4. Convenience: The entire series is presented in a tabular format, making it easy to understand and quickly find information.