Direct Prosecution Crime Theory -- A New Perspective on the Study of Prosecution-Required Crimes

Author: Li Lijing
Publisher:
Publishing Date: 2003-10-01
Features: This book was originally the doctoral dissertation of the author, Li Lijing, titled "On Private Prosecution Crimes," which was revised after the defense and published by the China University of Public Security Press. Private prosecution crimes refer to those crimes where the victim's complaint is a necessary condition for prosecution (a procedural requirement), or in other words, crimes explicitly stipulated by criminal law that require the victim to report to the court for handling. They occupy a very small portion in criminal law textbooks both domestically and internationally, with some textbooks even completely omitting the topic. In China's criminal law, only five crimes are explicitly stipulated as "only processed upon complaint," and the number is limited. The research achievements of academia on this topic are even rarer. Under such circumstances, the author has meticulously written a substantial and well-argued dissertation of over 100,000 words, which is truly commendable. This book does not specifically discuss the five crimes stipulated as "only processed upon complaint" in China's criminal law, but rather conducts a macro-level study on private prosecution crimes. In the introduction, it proposes the dual-center theory of criminal integration, indicating a research model that emphasizes both substantive law and procedural law as part of the criminal integration perspective. From this perspective, the study of private prosecution crimes includes the procedural issues that significantly impact substantive law in criminal legislation, reflecting the author's innovative thinking and forming a distinct feature of the book. The author has a broad perspective and comprehensive arguments. This book not only studies private prosecution crimes from the perspective of criminal law but also from criminal procedure law, as well as from different disciplines such as legal philosophy and criminal law history. It covers a wide range of issues, such as examining private prosecution crimes from dual perspectives, the legal positioning of "complaint as a requirement for prosecution," the right to complain, the mechanism of conviction, self-preservation, prescription periods, legal logic, value, and prospects, all of which are deeply analyzed. The content is rich, and the references are extensive, with 365 citations. The author's extensive research and thorough arguments are another distinctive feature of the book. The author is innovative and brave in proposing new ideas. This book puts forward the author's own views on many criminal law issues related to private prosecution crimes. For example, regarding the "legal normative perspective analysis of private prosecution crimes," the author proposes that "private prosecution crimes are discretionary norms, while non-private prosecution crimes are mandatory norms"; regarding the "legal relationship perspective analysis of private prosecution crimes," the author suggests that "the victim of private prosecution crimes is a subject of criminal law"; regarding the "nature of the right to complain," the author argues that "the right to complain in private prosecution crimes includes the right to accuse, the right to withdraw charges, and the right to settle"; regarding the "object of private prosecution crimes," the author states that "the object of private prosecution crimes is individual legal interests"; regarding the "value of private prosecution crimes," the author proposes "freedom," "tolerance," "efficiency," and "humor," and so on. These innovative insights are numerous and highlight the author's creativity, making this feature of the book particularly noteworthy.
Author Li Lijing is a young teacher at the Law School of Liaoning University. To further his academic pursuits, he applied to be a doctoral student under Professor Wu Zhenxing at the Law School of Jilin University. In July 2003, he participated in the dissertation defense, and prior to this, the school had sent his thesis for evaluation to me, allowing me to read the full text in advance. The thesis is marked by original thinking, a broad perspective, numerous innovative insights, and fluent writing, which I deeply admire. Now that the thesis is about to be published, the author has invited me to write the preface. I am delighted that this excellent work has been published and have gladly accepted the invitation to pen this preface, outlining the main strengths of the book and recommending it to the readers. If you read this book, you will see that my words are not in vain. This is the preface.
September 2003, at Wuchang University
This book not only studies private prosecution crimes from the perspective of criminal law but also from criminal procedure law, as well as from different disciplines such as legal philosophy and criminal law history. It covers issues such as examining private prosecution crimes from dual perspectives and the legal positioning of "complaint as a requirement for prosecution."