Criminal Trial Reference (1999 Issue No. 5, Total Issue No. 5)

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 judged by the Supreme People's Court, so as to more accurately and strictly implement national laws, regulations, and judicial interpretations, further improve the quality of criminal trials, promote the implementation of the legal strategy, and make new and greater contributions to the construction of socialist rule of law. The establishment of Criminal Trial Reference has finally realized our wish, which is also the hope of criminal trial workers across the country! The quality of trial is the prerequisite for judicial fairness. The quality of criminal trial is related to the freedom, property, and even lives of citizens. Confucius once said, "If criminal punishment is not properly applied, the people will have no idea how to act." The criminal trial work that determines life and death for citizens must prioritize quality at all times and remain cautious forever! 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 stated: "Comprehensively improve the quality and efficiency of trials 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. Not only should substantive judgments be fair, but procedural handling should also be legal, and judgments should be standardized. Therefore, Criminal Trial Reference not only publishes typical and difficult cases with important guiding significance for criminal judicial work but also selects outstanding criminal trial documents. Additionally, it publishes newly released 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: rooted in practice, emphasizing practicality, focusing on guidance, and embodying authority. Criminal Trial Reference is mainly 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 Supreme People's Court's strategic goal of "unremitting efforts to build a high-quality court team." When the People's Court declares innocence or changes the nature of a public prosecution case, if the judgment is correct, it is likely that mistakes or deviations occurred during the investigation or prosecution stages in terms of evidence evaluation, fact determination, or the understanding of criminal law. Therefore, Criminal Trial Reference also holds reference value for staff of public security and procuratorial organs involved in the investigative and prosecutorial stages of criminal litigation. At the same time as providing authoritative and reference-worthy case sources for judicial workers, it undoubtedly offers abundant materials for lawyers, law school students, and teachers to study and research laws. The journal is also a new platform for promoting and educating basic knowledge of criminal law.