Criminal Trial Reference (1999 Issue No. 4, Total Issue No. 4)

Author: Criminal Trial Court No. 1
Publisher:
Publish Date: 2000-09-01
Features: For many years, we have had a wish: to strengthen the guidance of criminal trial work in courts across the country through typical cases mainly adjudicated by the Supreme People's Court, so as to ensure the more accurate and strict implementation of national laws, regulations, and judicial interpretations, further improve the quality of criminal trials, promote the implementation of the rule of law strategy, and make new and greater contributions to the construction of socialist rule of law. The launch of Criminal Trial Reference has finally made our wish come true, which is also the long-cherished hope of criminal trial workers across the country! The quality of trial is the prerequisite for judicial fairness. The quality of criminal trial affects the freedom, property, and even lives of citizens. Confucius once said, "If punishments are not properly applied, the people will be at a loss as to how to act." The criminal trial work that determines life and death for citizens must uphold judicial fairness by always prioritizing quality and being cautious at all times! In his report on the work of the Supreme People's Court at the second session of the ninth National People's Congress, President Xiao Yang of the Supreme People's Court explicitly proposed that the court should "comprehensively improve trial quality and efficiency and ensure the correct implementation of national laws." To achieve this requirement, criminal trial work must focus on the main thread of judicial fairness, adhere to facts as the basis and laws as the criterion. It must not only ensure fair substantive judgments but also uphold legitimate procedural handling and standardized judgment documents. Therefore, Criminal Trial Reference not only publishes typical and difficult cases with significant guiding significance for criminal judicial work but also selects outstanding criminal trial documents. It also publishes newly issued criminal laws, regulations, judicial interpretations, and guiding articles written by colleagues who participated in drafting laws and judicial interpretations, fully reflecting the editorial purpose of the journal: grounded in practice, emphasizing practicality, focusing on guidance, and embodying authority. Criminal Trial Reference is primarily compiled by experienced judges of the Criminal Trial Court No. 1 of the Supreme People's Court. Due to the advisory roles of Vice President Liu Jiachen of the Supreme People's Court, Professor Gao Mingxuan of the Law School of Renmin University of China, Professor Ma Kechang of the Law School of Wuhan University, and Professor Chen Xingliang of the Law Department of Peking University, coupled with our pursuit of higher goals, the journal will not only fully leverage its inherent practical guidance role but also embody its combined value of practical and theoretical guidance, thereby contributing to the strategic goal of the Supreme People's Court to "unremittingly strive to build a high-quality judicial team." When the People's Court declares innocence or changes the verdict in a public prosecution case, if the judgment is correct, it is likely that errors or deviations occurred during the investigation or prosecution stages in terms of evidence assessment, fact determination, or the understanding of criminal laws. Therefore, Criminal Trial Reference is also of reference value to staff from public security and procuratorial organs involved in the investigation and prosecution stages of criminal proceedings. At the same time as providing authoritative and reference-worthy case sources for judicial workers, it undoubtedly offers rich materials for lawyers and students and teachers of law schools to study and research laws. The journal is also a new platform for promoting and educating basic knowledge of criminal law.