Violation of citizens' human rights and democratic rights crimes judicial application - Criminal law individual crime judicial application 6 (Second Edition)

Author: Ding Qiang
Publisher:
Publish Date: 2006-11-01
Features: The series has the following characteristics:
Novelty. The content is novel: The series is based on the latest laws, regulations, legislative interpretations, and judicial interpretations, using new theoretical research findings to analyze practical issues in case handling. The format is novel: It does not discuss individual crimes according to the four constitutive elements one by one, but instead directly studies and discusses the key, difficult, and controversial issues in the crime constitution and judicial determination.
Practicality. The series relies on typical cases in judicial practice, based on criminal law provisions and legislative interpretations, judicial interpretations, to study and analyze the key, difficult, and controversial issues in judicial practice one by one. Combined with typical cases, it explains and clarifies theoretical issues, providing theoretical guidance for the correct application of law in criminal judicial practice.
Accuracy. The discussion of each issue is grounded in legal, theoretical, and practical evidence. Criminal law is our country's basic law, a powerful tool to combat crime, protect human rights, maintain social stability, and promote economic development, and it is closely related to every citizen and organization. Since the revised Criminal Law was implemented on October 1, 1997, nearly eight years have passed. Over time, new situations and issues have emerged in its implementation; new crimes have continuously appeared, and existing crimes have constantly evolved in terms of methods and forms. The Standing Committee of the National People's Congress has promulgated multiple criminal law amendments and legislative interpretations, and the Supreme People's Court and the Supreme People's Procuratorate have issued a series of judicial interpretations to address relevant issues in the implementation of the Criminal Law. It is essential to correctly understand and apply the newly promulgated legislative interpretations and judicial interpretations in judicial practice, to accurately use the Criminal Law to combat new crimes and new forms of crime, and to effectively and timely fulfill the social order protection and human rights protection functions of the Criminal Law.
At the same time, since the implementation of the Criminal Law, the theoretical community and judicial circles have conducted in-depth and detailed research on it, achieving rich theoretical research results. How to systematically summarize, synthesize, and study these research findings and fully apply them to judicial practice, especially in the investigation and handling of criminal cases, to guide practice and serve frontline practitioners, is also very important.
To better study and organize criminal law theory and better guide and serve judicial practice, we have compiled the series Judicial Application of Individual Crimes in Criminal Law. The series addresses new situations and issues that have emerged in judicial case handling since the implementation of the Criminal Law, adhering to the close integration of theoretical research and judicial practice. It conducts an in-depth, comprehensive, and systematic study of the key, difficult, and controversial issues in individual crimes under the Criminal Law, making it a practical series that "focuses on judicial practice and serves frontline practitioners"; it is also a reference book to help public security and judicial personnel fully and correctly understand individual crimes under the Criminal Law and improve the quality of case handling.
Guided by the basic theory of criminal law, based on frontline case handling practice, and centered on existing key, difficult, and controversial issues, the series adheres to the close integration of criminal law theory and judicial practice, explaining the key, difficult, and controversial issues of individual crimes from the perspective of judicial practice. Through the analysis, reasoning, and argumentation of individual crimes, it resolves difficulties and ambiguities, providing guidance and reference for frontline practitioners, helping case handlers to correctly grasp and understand the key points of cases, and enabling them to accurately analyze and handle the difficult and ambiguous issues in case handling.
The series emphasizes practicality. It achieves the integration of theory and practice, relying on typical cases in judicial practice, based on criminal law provisions and legislative interpretations, judicial interpretations, to study and analyze the key, difficult, and controversial issues in judicial practice one by one. Combined with typical cases, it explains and clarifies theoretical issues, providing theoretical guidance for the correct application of law in criminal judicial practice.
The series emphasizes accuracy. That is, the discussion of each issue, especially the viewpoints proposed for controversial issues, must be grounded in legal, theoretical, and practical evidence.
The series pursues novelty. First, the content is novel: The entire series is based on the latest laws, regulations, legislative interpretations, and judicial interpretations, using new theoretical research findings to analyze practical issues in case handling. Second, the format is novel: It does not discuss individual crimes according to the four constitutive elements one by one, but instead directly studies and discusses the key, difficult, and controversial issues in the crime constitution and judicial determination.