Criminal Law Forum (Volume 7)

Author: Gao Mingxuan
Publisher:
Publish Date: 2003-09-01
Features: This volume includes over 20 papers, covering major aspects of criminal law, from Chinese criminal law to foreign criminal law, comparative criminal law, international criminal law to regional criminal law, from contemporary Chinese criminal law to the criminal law of revolutionary base areas. The content is rich, the data is detailed, and the readability is strong. Among them, the paper "On the Purpose of Criminal Law" written by Researcher Zhang Zhihui takes the rationality of criminal law as the perspective, focusing on the exploration of the purpose of criminal law. The author first reveals the basic characteristics of criminal rationality—purposefulness—and introduces different understandings of the purpose of criminal law in theory. Based on this, the author argues that the purpose of criminal law includes both the direct purpose pursued by formulating and applying criminal law, as well as the ultimate purpose to be achieved by restricting and ultimately achieving this direct purpose: the direct purpose of criminal law is to prevent crime, while the ultimate purpose is to maintain the survival conditions of the existing society. Dr. Shao Weiguo, in his paper "On the Basis of Fine Punishment," points out that as a part of the criminal punishment system, fine punishment shares commonalities with other criminal punishments in procedural law, namely the dialectical unity of retribution and utilitarianism as its philosophical basis. However, as an individual and special form of criminal punishment, its basis of retribution and utilitarianism has its own characteristics. Fine punishment normally has grounds of humanity and economy, but they are only secondary grounds; they only have the significance of criminal grounds when they can meet the requirements of retribution and utilitarianism. Dr. Pi Yong's paper "Online Child Pornography Crime and Criminal Legislation Research" first summarizes the meaning, classification, causes, and control measures of online child pornography crime, and introduces international legislation on online child pornography crime. On this basis, the author elaborates in detail the current status and improvement of relevant criminal legislation in China. Dr. Min Chunlei's paper "Research on Several Issues of Evidence Obstruction Crime" aims to strengthen the criminal protection of evidence by studying the concept, characteristics, and legislative improvement of evidence obstruction crimes, thereby deterring the occurrence of such crimes. The paper co-authored by Zhou Shaohua and Zhang Bujian, "Critical Analysis of Legislative Provisions on the Crime of Misappropriation of Public Funds," first examines the historical development of the crime of misappropriation of public funds from a historical perspective, then analyzes the nature of the act from the perspective of the object of crime, and points out the basic defects in the legislative provisions of the crime of misappropriation of public funds. On this basis, the authors propose their brief conclusions and suggestions. Professor Zhang Xipo, a senior expert in legal history, in his paper "Anti-Corruption and Criminal Legislation in Revolutionary Base Areas of China," focuses on analyzing the experience of anti-corruption and punishing corruption during the revolutionary base period in China, and believes that these historical experiences are of great significance for the current punishment of corruption crimes in China and the promotion of socialist legal system construction. Professor Xie Wangyuan's translated paper "Swiss Criminal System and Criminal Reform" elaborates in detail the current basic criminal system of Switzerland on the basis of extensively collecting and possessing first-hand materials, and reviews the early history of Swiss social services. The paper co-authored by Professor Zhao Bingzhi and Dr. Zuo Jianwei, "Comparative Study of Main Types of Probation in the Contemporary World," explores the existing main types of probation and reveals the concepts, nature, and characteristics of various forms of probation based on this, which undoubtedly helps us correctly understand the advantages and disadvantages of the current probation systems in various countries and, in the process of integrating foreign and domestic practices, leverage strengths and avoid weaknesses. Dr. Wang Junping's paper "Comparative Study of Constituent Elements of Negligent Crime" analyzes the problems in the design of the constituent elements of negligent crimes stipulated in Articles 134 to 139 of the Criminal Law of the People's Republic of China, and on this basis proposes suggestions for relevant legislation. The extradition system gradually established and improved between member states of the European Union in recent years is the main content of international criminal judicial assistance between Europe and EU countries, and it also has significant progress and exemplary meaning worldwide. In view of this, this volume includes a set of papers and translations in the "International Criminal Law" section, specializing in the introduction and research on the extradition system of EU countries. Among them, there are full translations of important legal documents such as the "Extradition Convention between Member States of the European Union" and the "Convention on Simplified Extradition Procedures between Member States of the European Union," as well as specialized research on the extradition system of EU countries. It is believed that the publication of this set of articles will enable the criminal law theory and practice circles in China to have a more comprehensive understanding of the extradition system of EU countries, which is of great significance for the development and improvement of extradition systems in China and related countries. The "Regional Criminal Law" section introduces two papers by Professor Ma Kechang, a famous criminal law scholar in China, and Associate Professor Lin Wei: "The Content of Regional Criminal Judicial Assistance in China" and "Research on the Recognition of Criminal Judgments of the Court of Taiwan." Professor Ma Kechang, in his paper, divides China's regional criminal judicial assistance into narrow criminal judicial assistance, transfer of suspects and convicted persons, and new forms of criminal judicial assistance, and conducts specific analysis and argumentation. Associate Professor Lin Wei, in his paper, takes the hijacking case of Han Shuxue as an entry point, discusses the jurisdictional disputes between the mainland and Taiwan over hijacking crime cases, and explains the issue of mutual recognition of criminal judgments. In the "Famous Legal Scholars" section of this volume, Professor Lu Jianping, with a fresh writing style, describes his experience of interacting with the great criminal law master, Professor Marc Ancel, during his studies in France, allowing readers to personally feel the noble charm of Professor Ancel's personality. Through Professor Lu's pen, the image of a persistent, enthusiastic, knowledgeable, and supportive academic giant comes to life. The "Legal Information" section includes the paper co-authored by Professor Zhao Bingzhi and Dr. Xu Chenglei, "Review and Prospects of Criminal Law Research in 2002," which summarizes the criminal law research of 2002, believing that the criminal law research in the past year fully reflects innovation, not only in research methods and perspectives but also in new progress in basic theoretical research. This undoubtedly presents us with the latest dynamics of criminal law research, helping us grasp the forefront pulse of criminal law research as a whole.