Criminal Trial Reference (1999 Issue No. 2, Total Issue No. 2)

Author: First Criminal Tribunal
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 primarily handled 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 establishment of Criminal Trial Reference has finally made our wish come true, which is also the long-standing aspiration 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 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 remaining 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 of the Supreme People's Court Xiao Yang explicitly proposed: "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 compliance and standardized judgments must also be ensured. 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 issued criminal laws, regulations, judicial interpretations, and guiding articles written by colleagues who participated in drafting and interpreting laws and regulations, 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 First Criminal Tribunal of the Supreme People's Court. With the guidance of advisors such as Vice President of the Supreme People's Court Liu Jiachen, 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, this 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 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 law. Therefore, Criminal Trial Reference also holds reference value for staff of public security and procuratorial organs involved in criminal trial investigation and prosecution stages. While providing authoritative and reference-worthy case sources for judicial workers, it has undoubtedly also offered abundant materials for lawyers, law school students, and faculty to study and research laws. Additionally, it serves as a new platform for promoting and educating basic knowledge of criminal law.