Case of crimes against personal and property

Author: Wang Ming
Publisher:
Publish Date: 2006-08-01
Features:
Foreword
Cases are more intuitive than regulatory documents, helping law enforcement officers better understand the legislative intent; the exemplary role of cases can assist law enforcement officers in comprehensively and accurately understanding and enforcing the law; the typicality of cases can help law enforcement officers broaden their perspectives and conduct a comprehensive analysis of the case. This book primarily narrates and analyzes some difficult cases. Through the analysis of these cases, discussions on legal application issues are introduced, providing vivid material for legal research. Although China does not follow common law, judicial organs' handling of cases, especially typical cases, play a practical reference role in judicial practice and also hold significant value for legislation and legal research. By selecting and compiling some typical cases, we aim to strengthen the guidance of judicial work, ensure the strict and accurate enforcement of the law, and further improve the quality of case handling. This is the main purpose of compiling this book.
Crime against citizens' personal rights refers to intentional or negligent acts that infringe upon others' personal rights and other rights directly related to the person. It can be divided into five categories: crimes against citizens' rights to life and health, crimes against citizens' rights to personal freedom, crimes against citizens' rights to sexual autonomy, crimes against citizens' rights to reputation, and crimes related to marriage and family.
Crime against citizens' democratic rights refers to acts that illegally deprive or obstruct citizens from freely exercising their legally enjoyed rights to manage the state and participate in political activities.
Crime against property refers to intentional acts of unlawfully seizing others' property with the purpose of illegal occupation, or intentionally disrupting production and business operations, or destroying others' property. Crime against property can be divided into four categories: theft and fraud-based property crimes, violence and coercion-based property crimes, occupation and misuse-based property crimes, and destruction and damage-based property crimes.
In judicial practice, especially for grassroots judicial departments, crimes against citizens' personal rights and democratic rights, as well as crimes against property, account for a significant proportion. With the continuous development of the market economy, various forms of crimes against citizens' personal rights and democratic rights, as well as property crimes, are constantly emerging. Practice has proven that studying criminal law issues by analyzing specific cases and identifying the successes and shortcomings in sentencing can help summarize the regular problems in the implementation of criminal law, thereby facilitating its learning and application.
During the compilation of this book, we strive to achieve the following:
1. It covers almost all crimes against citizens' personal rights, democratic rights, and property, with selected cases being influential in recent years and closely related to daily life.
2. Based on the classification of crimes against citizens' personal rights, democratic rights, and property crimes, the book includes both general principles of criminal law and specific provisions, with clear categories and emphasis on key points.
3. In analyzing cases and explaining the law, we focus on both gradual progression and in-depth simplification, making it suitable for readers of all levels.
By reading this book, readers will gain an in-depth and comprehensive understanding of crimes against citizens' personal rights and democratic rights, as well as crimes against property, while enhancing their grasp of legal knowledge. Additionally, we pay special attention to the following two points:
First, typicality. The cases collected in this book are primarily controversial cases handled by public security and judicial organs across various regions, with each case reflecting common legal issues encountered in judicial practice.
Second, practicality. In compiling the cases, we ensure a comprehensive reflection of the basic facts while listing various opinions formed during case handling, with a focus on the analysis of legal application issues, ensuring the practicality of the book.
Due to our limited expertise, this book may contain imperfections, and we welcome readers' constructive criticism and corrections.
Editors
June 2006