Criminal Law Discussion: Theory, Legislation, and Adjudication (General Part)

Author: Chen Xingliang
Publisher:
Publish Date: 2003-11-01
Features: This book is not a theoretical work in the conventional sense but rather an oral presentation, a record of our collective discussions, debates, and exchanges. It originated from the design of Mr. Jiang Hao of the Legal Publishing House, who invited us four to engage in a lively conversation on some fundamental issues of criminal law theory. In terms of our identities, we represent the three aspects of theory, legislation, and adjudication. I primarily engage in academic research and thus align with the theoretical stance. Lang Sheng is the Director of the Criminal Law Department of the Legal Committee of the National People's Congress, involved in legislative work. Zhang Jun was then the Vice President of the Supreme People's Court, and Jiang Wei was the Director of the Public Prosecution Department of the Supreme People's Procuratorate, representing the perspectives of judges and prosecutors. Of course, this distinction between theoretical, legislative, and adjudicative stances is relative. Although I am in the theoretical field, I have also held positions in judicial practice and consider myself well-informed about the actual situation. On the other hand, Lang Sheng, Zhang Jun, and Jiang Wei, despite working in criminal law legislation and adjudication, can all be regarded as criminal law scholars, and moreover, all three serve as Vice Presidents of the Criminal Law Research Society of the China Society of Law. Of course, given the differences in our respective job roles, we each form distinct perspectives, and through discussion, these differences spark intellectual insights. The significance of this book lies not in a systematic exposition of theoretical propositions but precisely in the distinctive insights into fundamental issues of criminal law theory that emerge from our mutual exploration, deliberation, and even debate.