Research and Application of Legal Circumstances of Specific Crimes (2nd Edition) (Volume 1 and 2)

Author: Zeng Fangwen
Publisher:
Publish Date: 2005-07-01
Features: The criminal constitutions of our country's specific crimes stipulate "serious circumstances," "extremely serious circumstances," "significant losses," "substantial amounts," and "serious consequences" as elements of crime establishment. These stipulations are relatively general and lack specific standards, making them inconvenient to apply, which in turn affects the coordination, uniformity, and even fairness of justice. In light of this, we wrote this book, Research and Application of Specific Crime Legal Circumstances, which aims to specifically explain the application issues of criminal circumstances (including circumstances for conviction and for light or serious crimes). The features of this book are "Four Pursuits":
1. Pursuit of "Comprehensiveness." This book provides detailed explanations on the meanings of legal criminal circumstances for allnames stipulated in the specific criminal articles, relevant decisions of the Standing Committee of the National People's Congress, criminal amendments, and criminal interpretations, as well as the difficult issues in their application.
2. Pursuit of "Novelty." The research on the application of specific crime legal circumstances in this book is based on the Criminal Law of the People's Republic of China, adopted on March 14, 1997, by the Second Session of the Eighth National People's Congress. It includes all the latest legislative interpretations, judicial interpretations (including adjudicative interpretations and procuratorial interpretations), and administrative interpretations to date, as well as incorporating the latest theoretical research findings.
3. Pursuit of "Precision." The explanations of legal criminal circumstances in this book are based on effective legislative interpretations, judicial interpretations, and administrative interpretations, or by summarizing judicial practices or referencing the theoretical research findings of experts and scholars. It strives to be reasonable and well-supported, aiming to benefit the judiciary and practice while providing references for the coordination and unification of justice.
4. Pursuit of "Conciseness." The discussions in this book emphasize targeting and operability, with language expressions striving to be brief and to the point, without digressions. It advocates "reasonableness in speech" but avoids tedious theoretical.
In the several years since the publication of this book, significant changes have occurred. On the occasion of this second edition, the chief editor of the book has made the following revisions and improvements:
1. Provided explanations on the legal circumstances of newly added crimes (e.g., crime of employing child labor in hazardous labor, crime of obstructing information card management) and amended crimes (e.g., crime of smuggling waste).
2. Supplemented or revised existing explanations based on newly released criminal judicial documents (including legislative and judicial interpretations).
3. Absorbed the latest experiences from criminal justice and the latest achievements in criminal theory research.
4. Corrected errors in related textual expressions.