Criminal Application of Crimes Infringing on the Personal Rights and Democratic Rights of Citizens (Second Edition)

Author: Ding Qiang Ding Meng
Publisher:
Publish Date: 2006-11-01
Features: The series has the following characteristics:
Novelty. The content is novel: The series is based on the newest 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 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 them theoretically, providing theoretical guidance for the correct application of law in criminal judicial practice.
Accuracy. For each issue discussed, it ensures there is legal, theoretical, and practical basis. Criminal law is our country's fundamental 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 unit. Since the revised Criminal Law was implemented on October 1, 1997, nearly eight years have passed. With the passage of time, new situations and issues have emerged in the implementation of the law. 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 exercise 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. It is also very important to deeply summarize, synthesize, and study these research findings and fully apply them to judicial practice, especially in the investigation of criminal cases, to guide practice and serve the frontline of case handling.
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 the 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 the frontline of case handling"; and a reference book that helps public security and judicial personnel fully and correctly understand individual crimes under the criminal law, thereby promoting and improving the quality of case handling.
Guided by the basic theory of criminal law and based on frontline case handling practice, the series focuses on the key, difficult, and controversial issues, adhering to the close integration of criminal law theory and judicial practice. It elaborates on 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 the frontline of case handling, helping case handlers to correctly grasp and understand the key points of individual crimes in case handling, and enabling them to correctly analyze and handle the difficulties and ambiguities 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 them theoretically, providing theoretical guidance for the correct application of law in criminal judicial practice.
The series emphasizes accuracy. That is, for each issue discussed, especially the viewpoints proposed for controversial issues, it must be supported by legal, theoretical, and practical evidence.
The series pursues novelty. First, the content is novel, with the entire book based on the newest 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 directly studies and discusses the key, difficult, and controversial issues in the crime constitution and judicial determination.