Analysis of Cases Involving Conviction and Sentencing for Harmful Crimes

Author: Xiao Zhonghua (Editor-in-Chief)
Publisher:
Publishing Date: 2003-01-01
Features: The problems in the implementation of criminal law are primarily reflected in two aspects: conviction and sentencing. Because conviction and sentencing are the activities of national judicial organs in determining whether a suspect is guilty or not guilty, what crime they have committed, and the application of penalties. These are the two fundamental issues that the entire criminal justice system seeks to resolve. They play a pivotal role in punishing crimes, protecting the people, safeguarding reform and opening up, and ensuring the healthy development of the socialist market economy. Improving the quality of criminal justice personnel, ensuring accurate conviction and appropriate sentencing, is the fundamental guarantee for improving case handling quality, and also an imperative and important task for the criminal law academic community. Based on the above considerations and adhering to the principle of combining theoretical research with judicial practice, we invited experts, professors, and doctoral candidates from institutions such as Peking University, Renmin University of China, Wuhan University, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security to jointly compile a series of books titled Conviction and Sentencing. Our goal was to offer readers a comprehensive, systematic, detailed, in-depth, and highly practical large-scale criminal law practical research series. This series took over three years to complete and consisted of thirty-two volumes.
Since its publication, the Conviction and Sentencing series has been reprinted multiple times, achieving widespread influence and receiving high praise from renowned professors such as Gao Mingxuan and Ma Kechang. Professor Gao Mingxuan remarked, "This is a contribution to the study of criminal law in China!" To conduct in-depth research on certain theoretical issues in the Conviction and Sentencing series and to help readers systematically study the series in conjunction with practical applications, at the strong request of a broad readership, the editorial committee decided to launch a companion series titled Case Commentaries on Conviction and Sentencing (hereinafter referred to as the Case Commentaries series).
As the sister series to the Conviction and Sentencing series, the titles of the two series correspond, and the authors were as much the same as possible. The Case Commentaries series is structured into three main parts:
Part 1: Difficult Issues in the Conviction and Sentencing of "Certain Crime" (or "Certain Category of Crime")
This part delves deeper into the corresponding Conviction and Sentencing book, serving as the "essence" of research on "certain crime" (or "certain category of crime"). It is written in thematic chapters (one theme per chapter), focusing primarily on the difficult issues in identifying the crime (or non-crime), distinguishing between this crime and that crime, determining completion versus non-completion, distinguishing between one crime and multiple crimes, and sentencing issues. The explanations are authoritative and concise.
Part 2: Case Commentaries on "Certain Crime" (or "Certain Category of Crime")
The cases selected for this part are primarily those with judgments rendered after the implementation of the new criminal law. Each case is divided into five sections:
1. Main Facts;
2. Court's Determination;
3. Difficult Issues;
4. Divergent Opinions;
5. Commentaries.
The "Main Facts" section briefly introduces the key points of the case; the "Court's Determination" section mainly describes the crime determined by the court and the type of penalty imposed; the "Difficult Issues" section highlights the key theoretical points of the case, guiding readers in analyzing the situation; the "Divergent Opinions" section provides a detailed explanation of each viewpoint and its reasoning without evaluation; and the "Commentaries" section provides an in-depth analysis of the strengths and weaknesses of each viewpoint, followed by a summary that reflects the author's stance.
Part 3: Relevant Laws, Regulations, and Interpretations
This part mainly includes:
1. Relevant laws and regulations;
2. Relevant criminal law interpretations. The focus is on interpretations and internal regulations of relevant judicial departments.