Criminal Trial Reference (No. 1, 1999 Issue, Total No. 1)

Author: First Criminal Tribunal of the Supreme People's Court
Publisher:
Publish Date: 2000-09-01
Features: For many years, we have harbored a wish: to strengthen the guidance of criminal trial work across the country's courts through typical cases primarily handled by the Supreme People's Court, in order to more accurately and strictly implement 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-standing aspiration of criminal trial workers nationwide! The quality of trial is the prerequisite for judicial fairness. The quality of criminal trials concerns the freedom, property, and even lives of citizens. Confucius once said, "If criminal punishment is not properly applied, the people will be at a loss as to how to act." The criminal trial work that determines the life and death of 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 9th 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 must 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 significant guidance value 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 legislation and judicial work, fully reflecting the editorial purpose of the journal: rooted in practice, emphasizing practicality, prioritizing 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 advisory board including 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, the journal will not only fully leverage its inherent practical guidance role but also embody its combined value of practical-theoretical guidance, thereby contributing to the Supreme People's Court's strategic goal of "unremitting efforts to build a high-quality court workforce." 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 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 involved in criminal investigation and prosecution stages, such as those from public security and procuratorial organs. While providing authoritative and reference-worthy case sources for judicial workers nationwide, it is undeniable that the journal also offers abundant materials for lawyers, law school students, and faculty to study and research law. Moreover, it serves as a new platform for promoting and educating the basic knowledge of criminal law.