Criminal Case Research

Author: Li Xiang / Country: Mainland China
Publisher:
Publish Date: 2006-07-01
Features: "Circumstance" is one of the standards in criminal law for determining whether a crime is established, and for increasing or decreasing penalties. It holds specific research value and necessity in legislation. This book conducts an in-depth and systematic exploration of macro and micro issues related to circumstance crimes, advancing the study of circumstance crimes in the field of criminal law theory. Circumstance Crime Research is divided into seven chapters. The entire book is guided by Marxist dialectical materialism and historical materialism, employing a combination of qualitative and quantitative analysis, logical and comparative research, empirical and experiential analysis, as well as annotated and speculative research methods. The structural arrangement of the entire text follows a logical progression from macro to micro, taking a positive stance on circumstance crimes and their related issues. The book begins with the concepts of "circumstance" and "circumstance crime" as the logical starting point and theoretical premise, analyzing relevant issues of circumstance and circumstance crime in China's criminal law. It places circumstance crime within the framework of criminal legal governance and the specific context of China's legal system, demonstrating the legislative and judicial value of circumstance crime. Subsequently, it examines the conflicts and coordination between circumstance crime and China's theory of crime constitution. It then studies various forms of circumstance crime, compares them with related crime types, and highlights their relationships. The later part of the book proposes reforms to circumstance crime in China's criminal law, offering legislative and judicial recommendations, with the aim of benefiting both theoretical research and judicial practice on circumstance crime.