Crime Analysis (Volume 2)

Author: Zhang Xiaohu
Publisher:
Publish Date: 2003-05-01
Features: An important responsibility of criminal law research is to transcend intuition and interpret criminal law with theory, providing precise, practical, and efficient standards for judicial personnel and the public to measure the relationship between specific cases and abstract criminal law. Thus, it gives life to criminal law. Criminal law is expressed in abstract terms, and "the interpretation of words is paramount" (Sensusverbroumestaromalegis). "Law is an interpretive concept." "The interpretation of criminal law is not only to give life to criminal law, without interpretation, criminal law is equivalent to dead letters and has no effect." Criminal law is the primary and most fundamental research in criminal law. To adapt to the needs of social development, China's Criminal Law was substantially amended in 1997, making the Criminal Code a relatively extensive system. After the promulgation and implementation of the 1997 Criminal Law, the Standing Committee of the National People's Congress passed one special criminal law and three criminal law amendments, further amending the criminal law. Closely following criminal law legislation and conducting in-depth annotations on criminal law are of great significance for both theoretical research and judicial practice. Dr. Zhang Xiaohu has engaged in nine years of practical judicial work and has dedicated himself to the study of criminal law for many years, possessing rich practical experience and a solid theoretical foundation. This new work, Crime and Punishment Analysis, provides an in-depth, comprehensive, and detailed analysis of specific crimes and punishments. Its main features are:
Precision and Depth. In the conceptual description of specific crimes, it emphasizes that "it is a general description of the ordinary and basic constitutive elements of this crime, mainly objective elements, subjective elements, and special subjects. It should not be expanded to include content beyond the ordinary and basic constitutive elements, nor should it be narrowed down." Regarding the constitutive elements of specific crimes, it not only systematically and thoroughly analyzes the four aspects of the constitutive elements of specific crimes but also conducts a specific analysis of the constitutive elements of objective elements, making criminal law highly operational. For statutory penalties, it provides a hierarchical explanation based on different constitutive elements of ordinary crimes and aggravated crimes. The part on comparative sentencing not only identifies the crimes to be compared but also contrasts their constitutive elements, especially providing a detailed analysis of the possible forms of crime between them. These features are rarely seen in criminal law works in China.
Innovation. The work draws on the strengths of various theories and conducts in-depth analysis of many theoretical and practical issues, proposing its own propositions. For example, the analysis of the object of property crimes, the analysis of acts of beating, the analysis of the type of fault in many articles regarding "causing serious injury or death," the analysis of the content of "violence" in different articles, and the analysis of crime forms such as normative conflicts.
Clarity and Conciseness. The structure of concepts, constitutive elements (object of crime, objective elements, subject of crime, subjective elements), sentencing rules (statutory penalties for ordinary constitutive elements, statutory penalties for aggravated constitutive elements, penalties for units), and comparative sentencing is consistent and complete throughout the work. The presentation of these contents is well-organized, clear, and conceptually precise, striving to use a formula-based framework to interpret complex and profound criminal law content, creating a clear contrast between different crimes.
Novelty. The work provides detailed theoretical and practical background for the explanation of many issues. It closely grasps the latest achievements in criminal law theory and the latest dynamics in criminal law legislation, adopting the latest authoritative interpretations and providing specific explanations for all criminal law amendments after the promulgation of the 1997 Criminal Law. These features of the work determine its significant value for those engaged in learning, researching, and practicing criminal law. This work is a powerful and valuable contribution to the annotation of criminal law with significant theoretical and practical significance.