Criminal Law Forum (Volume 9)

Author: Gao Mingxuan
Publisher:
Publish Date: 2005-04-01
Features: The 9th volume of Criminal Law Forum contains 16 articles, covering a wide range of fields in criminal law, including Chinese criminal law, foreign criminal law, comparative criminal law, international criminal law, and regional criminal law. The articles include in-depth theoretical research on fundamental issues such as criminal policy and unit crimes, as well as pioneering explorations into practical problems like the withdrawal of co-perpetrators and partial co-perpetrators. There are both lengthy, extensive essays of over 60,000 words and concise, insightful short articles, along with numerous informative materials. The "Chinese Criminal Law" section features 10 papers. Professor Yang Xingpei, in his article "Research on the Future Trends of Criminal Policy from the Perspective of the Integration of Criminal Law," points out that the future direction of China's criminal policy, at the practical level, may depend on the occurrence and development of crimes; at a profound level, it will depend on our renewed understanding of the causes of crime; and at a theoretical level, it will depend on the fundamental attitude of criminal law theories that support criminal policy. The author believes that establishing a theory that places criminal law within the framework of criminology, highlighting the social status and role of criminology, will have a significant impact on China's criminal policy. Professor Wang Zuofu and Dr. Zhuang Jing's article "Hacking: Subcultural Culture, Psychological Types, and Criminal Law Responses" analyzes the cultural and psychological factors of hacking behavior and, based on the idea of "polarized criminal policy," specifically explores criminal legislative responses to hacking. The authors argue that hackers should be distinguished between high-risk and mild types, and that differentiated criminal legislative measures should be adopted. Professor Feng Jun's article "Unit Crimes in the New Criminal Law" first introduces the legislative status of unit crimes, describes and critiques the theoretical debates and judicial practices in China's criminal law academia regarding unit crimes. On this basis, the author delves into the specific issues in the legislative provisions of unit crimes in the new criminal law and proposes solutions. Associate Professor Wei Dong and Prosecutor Zhang Guya's article "Review of Corporate Criminal Responsibility" first introduces the basic theory of corporate crimes and the general principles of corporate criminal responsibility, then explores the implementation methods of corporate criminal responsibility. On this basis, the article specifically elaborates on the improvement of China's corporate criminal responsibility from aspects such as the scope of corporate crimes, the design of crime constitutions, and the allocation of statutory penalties. This volume also includes a set of articles on joint crimes. Dr. Chen Jialin's article "Research on Joint Perpetrators by Agreement" introduces the theory of joint perpetrators by agreement and focuses on analyzing relevant doctrines in Japan and Germany. The author concludes that there is no necessity for China to adopt the theory of joint perpetrators by agreement. Dr. He Ronggong's article "On the Theoretical Basis of Partial Joint Perpetrators" introduces the basic theory of partial joint perpetrators and discusses related identification issues. Dr. Tian Penghui then specifically discusses "The Basic Types of Partial Joint Perpetrators." The author argues that partial executors, partial organizers, partial inciters, and partial accomplices can all constitute joint crimes. Prosecutor Pan Li's article "On the Establishment of Incitement Crimes" introduces the relevant theory of inciters and advocates for the independent criminalization of non-joint inciters, further elaborating on the concept, constitutive elements, and legislative design of incitement crimes. Dr. Liu Lingmei's article "On the Concept and Constitutive Elements of Accomplices" defines the concept of accomplices and discusses their constitutive elements from both subjective and objective perspectives. Dr. Lai Zaoxing's article "Exploring the Ancient Chinese View of Heavy Punishment" is a historical criminal law study. The paper introduces and critiques the evolution of the ancient Chinese view of heavy punishment, concluding that the concept of heavy punishment should be abandoned, as it is a necessary requirement for pursuing the rationality of criminal law values. The "Foreign Criminal Law" section features an article by Professor Malcolm D. Evans of the University of Bristol, UK, titled "Major Factors, Significant Developments, and British Experience in the International Legal System to Prevent Torture." The author elaborates on the progress and existing problems in the international community's efforts to prevent torture and particularly introduces the British experience in this regard. The article may be beneficial for China's practice of prohibiting torture. The "Comparative Criminal Law" section includes two articles. Professor Diao Hongxian and Dr. Wang Mingxing's joint article "Comparative Study on Patent Crimes" conducts an in-depth comparison of legislative models, types, and constitutive elements of patent crimes in various countries and proposes numerous improvements for China's patent crimes. Dr. Cheng Hong's article "Comparative Study on the Protected Interests of Environmental Criminal Law and Environmental Criminal Protection Law" attempts to provide references for reconstructing the concept of environmental criminal law in mainland China by comparing and studying the protected interests of environmental criminal law and environmental criminal protection law. The "International Criminal Law" section includes an article translated by Professor Zhao Bingzhi et al. titled "Contemporary Practice of Universal Jurisdiction—Disputes and Developments" by Professor Chandra Lekha Sriram of the University of California. The article, through an introduction to several recent cases advocating the application of universal jurisdiction, attempts to reveal the nature and scope of universal jurisdiction. The "Regional Criminal Law" section features an article by Professor Zhao Guoqiang of the University of Macau titled "Criminal Protection of Intellectual Property in Macau." The article first provides an overview of Macau's intellectual property legislation, then discusses the criminal protection of specific intellectual property rights in Macau, such as copyrights, industrial property, computer programs, audio recordings, and video recordings. The "Academic Information" section includes a review of the symposium "The of U.S. Troops in Iraq and Human Rights Protection in International Criminal Law" by Drs. Du Qixin and Du Xiaojun. The article summarizes the key points of the academic symposium "The of U.S. Troops in Iraq and Human Rights Protection in International Criminal Law" held by the Criminal Law Science Research Center of Renmin University of China on May 21, 2004.