Criminal Law (Revised Edition 2006)

Author: Qu Xinjiu
Publisher:
Publish Date: 2006-09-01
Features: Criminal law is a knowledge system and theoretical system that takes criminal law as its research object, and is a branch of law. As a knowledge system, criminal law is criminal law hermeneutics, hence closely related to criminal law, especially the Criminal Code. There are many correspondences between the criminal law system and the Criminal Code system. The most prominent manifestation is that criminal law is divided into general principles and specific provisions, and criminal law is divided into general theory and specific theory (also known as theory of crimes and punishments). As a theoretical system, the criminal law system differs from the Criminal Code system and is not a mere copy of the Criminal Code system. The criminal law system unfolds according to its own theoretical logic. Based on different perspectives, different scholars have their own criminal law systems. This book adopts the simplest system, which is based on the distinction between general principles and specific provisions of criminal law, further dividing the general principles of criminal law into three parts: introduction, theory of crimes, and theory of punishments. The specific provisions of criminal law, except for the introduction chapter which studies the general issues of the specific provisions of criminal law, are consistent with each chapter of the specific provisions of criminal law. The content of criminal law is very rich, and with the continuous development of criminal legislation and judicial practice in China, its content is becoming increasingly rich. Currently, the length of various criminal law textbooks is getting longer, which also illustrates this point to some extent and to some degree. Although the length of this textbook puts us under great pressure, we take scientificity, theoretical nature, practicality, and systematic nature as the basic goals, hoping to integrate knowledge and theory on the basis of outlining the theoretical framework of criminal law theory, leaving space for classroom lectures while not omitting the basic content that law undergraduates should master. The specific method is to concretize the basic concepts, basic principles, and basic knowledge of criminal law on the basis of high-level abstraction, to be concise and to the point, striving for clear basic concepts, scientific basic principles, and systematic basic knowledge. On the basis of scientificity, highlight readability; on the basis of theoretical nature, highlight operability; on the basis of accuracy, appropriately popularize; on the basis of systematic nature, highlight key points and difficulties, to adapt to and meet the basic needs of criminal law undergraduate teaching and the national unified judicial examination.