Criminal Case Law Theory

Author: He Huixin
Publisher:
Publish Date: 2001-06-01
Features: "On the Concept of Crime" is the doctoral dissertation of Comrade Li Hanjun, in which he provides a relatively comprehensive and in-depth discussion on the issue of the concept of crime. The book offers a unique perspective, novel arguments, and clear viewpoints, demonstrating innovation, extensive research, thorough arguments, rigorous logic, and fluent writing, making it valuable for legal professionals to reference. Precedents are an important source of law in Anglo-American countries. While civil law systems do not recognize the binding force of precedent law, they generally acknowledge its factual influence. The history of legal development shows that precedents serve as a bridge between legislation and adjudication, acting as a significant driving force in legal progress. Historically, China has valued the role of precedents. Today, China has case law but no precedent system. This paper, through historical and comparative research, argues for the necessity of establishing a precedent system in China, outlines its basic construction, and discusses the conditions for implementing such a system. Establishing a criminal law precedent system in China would help perfect the mechanisms of criminal law operation, contribute to forming a reference system for conviction and sentencing, facilitate the achievement of judicial fairness goals, and support the smooth progress of regional judicial cooperation. In line with the process of reform and opening-up, China should establish a criminal law interpretation system that complements normative criminal law judicial interpretations, individual criminal law judicial interpretations, and criminal law precedents. This would create a criminal law operation mechanism that aligns with criminal law, criminal law judicial interpretations, and criminal law precedents.