Criminal Case Examples of New Type Difficult Cases: Sentencing and Conviction Comments (2nd Edition)

Author: Gan Mingxiu, Editor-in-Chief
Publisher:
Publish Date: 2005-07-01
Features: Since the revision of the new Criminal Law was promulgated, the Standing Committee of the National People's Congress has passed multiple amendments and explanatory bills on the Criminal Law; the Supreme People's Court and the Supreme People's Procuratorate have issued dozens of new judicial interpretations and explanatory documents; the Ministry of Public Security, the Ministry of State Security, the Ministry of Justice, and other relevant departments have issued a large number of relevant regulations; many newly enacted laws and regulations have also made special provisions on criminal liability. To thoroughly implement the new Criminal Law, while issuing relevant judicial interpretations in a timely manner, the Supreme People's Court has also successively released many typical and difficult criminal cases to strengthen case guidance for the criminal trial work of local people's courts. The legal issues reflected in these new and difficult cases are often typical. Strengthening the research and analysis of such cases plays an irreplaceable important role in helping courts promptly identify new situations and issues in criminal judicial practice and correctly apply the law to adjudicate related cases, as well as enabling a broad readership to learn and understand the Criminal Law and its judicial interpretations in a vivid and intuitive manner.
For this purpose, senior criminal judges from relevant divisions of the Supreme People's Court (including some who handled major criminal cases) and scholars from relevant institutions have compiled the "Commentary Series on Classic Criminal Trial Cases." The "Commentary on the Conviction and Sentencing of New and Difficult Criminal Cases" (Second Edition) is one of the series. The second edition of this book selects 184 typical and difficult criminal cases, a significant portion of which are newly added cases of this type. The Supreme People's Court has studied the legal application issues of most of these cases, and some major cases have been discussed and studied by the Judicial Committee of the Supreme People's Court. The correct handling of these new and difficult cases has provided important guidance and reference for courts at all levels to correctly apply the law and promptly adjudicate criminal cases.
This book introduces differing opinions during the trial of the aforementioned cases and concisely elaborates on the rationale and basis for the final judgment in the form of comments. Based on this, readers can observe the evolution of the application of the law in these cases over different periods, thereby gaining insight into the continuous development of China's criminal trial work since the reform and opening-up, especially since the promulgation of the new Criminal Law. This book records a fragment of the history of the Supreme People's Court's criminal trial work under the conditions of China's socialist market economy, reflecting the process of combining criminal law theory with judicial practice in case handling, embodying the continuous pursuit of judges in the process of legal development and improvement, and embodying the wisdom crystallized by many criminal judges of the Supreme People's Court.
For this classic work on criminal case commentaries that is closely tied to the life and death decisions of many defendants, readers are sure to appreciate its weight and the compilers' thoughtful efforts. To facilitate application, the names of the parties involved and the relevant courts mentioned in the cases in this book have been technically processed in most cases. It is hoped that the publication of this book will serve as the appropriate guidance, reference, and reference for judicial personnel and lawyers in handling criminal cases, as well as for the general public in learning and understanding the law through case studies.