Revelation of the Panorama of Criminal Code Issues

Author: Zhou Qihua
Publisher:
Publish Date: 2003-08-01
Features: The Criminal Law of the People's Republic of China was formulated on July 1, 1979, and came into effect on January 1, 1980. During its implementation, 23 supplementary regulations or decisions were successively promulgated, along with numerous criminal provisions within civil, economic, and administrative laws, which modified and supplemented parts of the Criminal Law. On the basis of summarizing nearly 20 years of judicial practice experience and theoretical research achievements, and in line with the actual situation of socialist legal systems at the time, it was comprehensively and systematically revised on March 14, 1997, and came into effect on October 1, 1997. In the process of implementation, it was further amended and supplemented according to the needs of the current situation in China, including:
- On December 28, 1998, the Decision on Punishing Crimes of Buying Foreign Exchange, Evading Exchange Control, and Illicit Trading in Foreign Exchange was promulgated;
- On October 30, 1999, the Decision on Prohibiting Cult Organizations, Preventing and Punishing Cult Activities was promulgated;
- On December 25, 1999, the Amendment to the Criminal Law of the People's Republic of China was promulgated;
- On August 31, 2001, the Second Amendment to the Criminal Law of the People's Republic of China was promulgated;
- On December 29, 2001, the Third Amendment to the Criminal Law of the People's Republic of China was promulgated;
- On December 28, 2002, the Fourth Amendment to the Criminal Law of the People's Republic of China was promulgated;
- On April 29, 2000, the Interpretation of the Second Clause of Article 93 of the Criminal Law was promulgated;
- On August 31, 2001, the Interpretations of Articles 228, 342, and 410 of the Criminal Law of the People's Republic of China were promulgated;
- On April 28, 2002, the Interpretation of the First Clause of Article 294 of the Criminal Law of the People's Republic of China was promulgated;
- On April 28, 2002, the Interpretation of the First Clause of Article 384 of the Criminal Law of the People's Republic of China was promulgated;
- On December 28, 2002, the Interpretation of the Issue of Applicability of the Subject of Dereliction of Duty Crimes in Chapter Nine of the Criminal Law of the People's Republic of China was promulgated.
These decisions, amendments, and interpretations further modified and supplemented the revised Criminal Law. The Supreme People's Court and the Supreme People's Procuratorate have issued a number of judicial interpretations based on the practical needs of applying the law in judicial practice. Years of judicial practice have proven that the revised Criminal Law and its supplementary provisions are in line with the needs of the current socialist legal system in China and constitute a relatively good criminal code. Strictly implementing it can fully achieve its purpose of punishing crimes and protecting the people. However, both in the study of criminal law and in criminal judicial practice, some difficult and unresolved issues have emerged, requiring in-depth research and resolution.
Building on insights from various scholars, the author conducts a comprehensive analysis and exploration, proposing their own viewpoints and opinions, with the aim of providing valuable insights for the study of criminal law and the improvement of criminal legislation. The book is organized in the order of criminal law articles, with corresponding provisions examined to identify issues, ambiguities, and difficulties that require research, followed by analysis and study. This offers significant reference value for deeply understanding the original intent of criminal law articles, conducting scientific research in criminal law, and improving criminal legislation.
Respectfully,
January 2003, Beijing