Criminal Law Forum. Volume 9

Author: Gao Mingxuan, Zhao Bingzhi
Publisher:
Publishing Date: 2005-04-01
Features: The 9th volume of Criminal Law Forum contains 16 articles, covering various fields of criminal law such as Chinese criminal law, foreign criminal law, comparative criminal law, international criminal law, and regional criminal law. It includes in-depth theoretical research on fundamental issues like criminal policy and unit crimes, as well as pioneering explorations into practical problems such as withdrawal from complicity and partial complicity. The volume features both lengthy essays exceeding 60,000 words and concise, insightful short articles, along with valuable informational resources.
The "Chinese Criminal Law" section includes 10 articles. Professor Yang Xingpei's article "Research on the Future Trends of Criminal Policy from the Perspective of Integrated Criminal Law" points out that the future direction of China's criminal policy, at the practical level, may depend on the occurrence and development of crimes; at the profound level, it will depend on our renewed understanding of the causes of crime; and at the theoretical level, it will depend on the fundamental attitude of criminal law theories that support criminal policy. The author believes that establishing a theory that integrates criminal law within criminology and unifying criminal law theory with practice will highlight the social status and role of criminology, thereby significantly influencing China's criminal policy. Professor Wang Zuofu and Dr. Zhuang Jing's article "Hacking: Subcultural Culture, Psychological Types, and Criminal Law Responses" analyzes the cultural and psychological factors of hacking behavior and, based on the idea of "polarized criminal policy," specifically explores criminal legislative responses to hacking. The authors argue that hackers should be distinguished between high-risk and mild types, and different criminal legislative measures should be adopted. Professor Feng Jun's article "Unit Crimes in the New Criminal Law" first introduces the legislative status of unit crimes, describes and analyzes the theoretical debates and judicial practices in China's criminal law academia regarding unit crimes, and then delves into the specific issues in the legislative design of unit crimes in the new criminal law, proposing solutions. Associate Professor Wei Dong and Prosecutor Zhang Guya's article "Review of Corporate Criminal Responsibility" first introduces the basic theory of corporate crimes and the general principles of corporate criminal responsibility, then explores the implementation methods of corporate criminal responsibility, and finally elaborates on the improvement of China's corporate criminal responsibility from aspects such as the scope of corporate crimes, the design of criminal constitutions, and the allocation of statutory penalties.
The volume also includes a series of articles on joint crimes. Dr. Chen Jialin's article "Research on Joint Perpetrators by Agreement" introduces the theory of joint perpetrators by agreement and focuses on analyzing relevant doctrines in Japan and Germany. The author concludes that there is no necessity to apply the theory of joint perpetrators by agreement in China. Dr. He Ronggong's article "On the Theoretical Basis of Partial Joint Perpetrators" introduces the basic theory of partial joint perpetrators and discusses related identification issues. Dr. Tian Penghui then specifically discusses "The Basic Types of Partial Joint Perpetrators." The author argues that partial perpetrators by execution, organization, incitement, and assistance can all constitute joint crimes. Prosecutor Pan Li's article "On the Establishment of Incitement Crimes" introduces the relevant theory of inciters and advocates for the independent criminalization of non-joint inciters, providing detailed explanations on the concept, constitutive elements, and legislative design of incitement crimes. Dr. Liu Lingmei's article "On the Concept and Constitutive Elements of Aiders" defines the concept of aids and discusses the constitutive elements of aids from subjective and objective perspectives. Dr. Lai Zaoxing's article "Exploring the Ancient Chinese View of Heavy Punishment" is a historical criminal law study. The paper introduces and analyzes the evolution of the ancient Chinese view of heavy punishment, concluding that the concept of heavy punishment should be abandoned as it is a necessary requirement for pursuing the rationality of criminal law values.
The "Foreign Criminal Law" section features an article by Professor Malcolm D Evans of the University of Bristol, UK, titled "Major Factors, Significant Developments, and British Experience in the International Legal System for Preventing Torture." The author elaborates on the progress and challenges in preventing torture at the international level and particularly introduces the British experience in this regard. The article may be beneficial for China's practice of prohibiting torture. The "Comparative Criminal Law" section includes two articles. Professor Diao Hongxian and Dr. Wang Mingxing's joint article "Comparative Study on Patent Crimes" conducts an in-depth comparison of legislative models, types, and constitutive elements of patent crimes in various countries and proposes numerous improvements for China's patent crimes. Dr. Cheng Hong's article "Comparative Study on the Protected Interests of Environmental Criminal Law" attempts to provide references for reconstructing the criminal law philosophy of mainland China by comparing the protected interests of environmental criminal law and re-evaluating environmental crimes.
The "International Criminal Law" section includes an article translated by Professor Zhao Bingzhi et al. titled "Contemporary Practice of Universal Jurisdiction—Disagreements and Developments" by Professor Chandra Lekha Sriram of the United States University. The article introduces several recent cases advocating for universal jurisdiction and aims to reveal the nature and scope of universal jurisdiction. The "Regional Criminal Law" section adopts the article "Criminal Protection of Intellectual Property in Macau's Intellectual Property Field" by Professor Zhao Guoqiang of Macau University. The paper first provides an overview of Macau's intellectual property legislation, then discusses the criminal protection of specific intellectual property rights in Macau, including copyrights, industrial property, computer programs, audio and video recordings.
The "Academic Information" section includes Dr. Du Qixin and Dr. Du Xiaojun's article "Review of the Symposium on the Abuses of U.S. Troops in Iraq," summarizing the key points of the specialized academic symposium "The Abuses of U.S. Troops in Iraq and Human Rights Protection in International Criminal Law" held by the Criminal Law Science Research Center of Renmin University of China on May 21, 2004.
The 9th volume of Criminal Law Forum contains 16 articles, covering various fields of criminal law such as Chinese criminal law, foreign criminal law, comparative criminal law, international criminal law, and regional criminal law. It includes in-depth theoretical research on fundamental issues like criminal policy and unit crimes, as well as pioneering explorations into practical problems such as withdrawal from complicity and partial complicity. The volume features both lengthy essays exceeding 60,000 words and concise, insightful short articles, along with valuable informational resources.
The "Chinese Criminal Law" section includes 10 articles. Professor Yang Xingpei's article "Research on the Future Trends of Criminal Policy from the Perspective of Integrated Criminal Law" points out that the future direction of China's criminal policy, at the practical level, may depend on the occurrence and development of crimes; at the profound level, it will depend on our renewed understanding of the causes of crime; and at the theoretical level, it will depend on the fundamental attitude of criminal law theories that support criminal policy. The author believes that establishing a theory that integrates criminal law within criminology and unifying criminal law theory with practice will highlight the social status and role of criminology, thereby significantly influencing China's criminal policy. Professor Wang Zuofu and Dr. Zhuang Jing's article "Hacking: Subcultural Culture, Psychological Types, and Criminal Law Responses" analyzes the cultural and psychological factors of hacking behavior and, based on the idea of "polarized criminal policy," specifically explores criminal legislative responses to hacking. The authors argue that hackers should be distinguished between high-risk and mild types, and different criminal legislative measures should be adopted. Professor Feng Jun's article "Unit Crimes in the New Criminal Law" first introduces the legislative status of unit crimes, describes and analyzes the theoretical debates and judicial practices in China's criminal law academia regarding unit crimes, and then delves into the specific issues in the legislative design of unit crimes in the new criminal law, proposing solutions. Associate Professor Wei Dong and Prosecutor Zhang Guya's article "Review of Corporate Criminal Responsibility" first introduces the basic theory of corporate crimes and the general principles of corporate criminal responsibility, then explores the implementation methods of corporate criminal responsibility, and finally elaborates on the improvement of China's corporate criminal responsibility from aspects such as the scope of corporate crimes, the design of criminal constitutions, and the allocation of statutory penalties.
The volume also includes a series of articles on joint crimes. Dr. Chen Jialin's article "Research on Joint Perpetrators by Agreement" introduces the theory of joint perpetrators by agreement and focuses on analyzing relevant doctrines in Japan and Germany. The author concludes that there is no necessity to apply the theory of joint perpetrators by agreement in China. Dr. He Ronggong's article "On the Theoretical Basis of Partial Joint Perpetrators" introduces the basic theory of partial joint perpetrators and discusses related identification issues. Dr. Tian Penghui then specifically discusses "The Basic Types of Partial Joint Perpetrators." The author argues that partial perpetrators by execution, organization, incitement, and assistance can all constitute joint crimes. Prosecutor Pan Li's article "On the Establishment of Incitement Crimes" introduces the relevant theory of inciters and advocates for the independent criminalization of non-joint inciters, providing detailed explanations on the concept, constitutive elements, and legislative design of incitement crimes. Dr. Liu Lingmei's article "On the Concept and Constitutive Elements of Aiders" defines the concept of aids and discusses the constitutive elements of aids from subjective and objective perspectives. Dr. Lai Zaoxing's article "Exploring the Ancient Chinese View of Heavy Punishment" is a historical criminal law study. The paper introduces and analyzes the evolution of the ancient Chinese view of heavy punishment, concluding that the concept of heavy punishment should be abandoned as it is a necessary requirement for pursuing the rationality of criminal law values.
The "Foreign Criminal Law" section features an article by Professor Malcolm D Evans of the University of Bristol, UK, titled "Major Factors, Significant Developments, and British Experience in the International Legal System for Preventing Torture." The author elaborates on the progress and challenges in preventing torture at the international level and particularly introduces the British experience in this regard. The article may be beneficial for China's practice of prohibiting torture. The "Comparative Criminal Law" section includes two articles. Professor Diao Hongxian and Dr. Wang Mingxing's joint article "Comparative Study on Patent Crimes" conducts an in-depth comparison of legislative models, types, and constitutive elements of patent crimes in various countries and proposes numerous improvements for China's patent crimes. Dr. Cheng Hong's article "Comparative Study on the Protected Interests of Environmental Criminal Law" attempts to provide references for reconstructing the criminal law philosophy of mainland China by comparing the protected interests of environmental criminal law and re-evaluating environmental crimes.
The "International Criminal Law" section includes an article translated by Professor Zhao Bingzhi et al. titled "Contemporary Practice of Universal Jurisdiction—Disagreements and Developments" by Professor Chandra Lekha Sriram of the United States University. The article introduces several recent cases advocating for universal jurisdiction and aims to reveal the nature and scope of universal jurisdiction. The "Regional Criminal Law" section adopts the article "Criminal Protection of Intellectual Property in Macau's Intellectual Property Field" by Professor Zhao Guoqiang of Macau University. The paper first provides an overview of Macau's intellectual property legislation, then discusses the criminal protection of specific intellectual property rights in Macau, including copyrights, industrial property, computer programs, audio and video recordings.
The "Academic Information" section includes Dr. Du Qixin and Dr. Du Xiaojun's article "Review of the Symposium on the Abuses of U.S. Troops in Iraq," summarizing the key points of the specialized academic symposium "The Abuses of U.S. Troops in Iraq and Human Rights Protection in International Criminal Law" held by the Criminal Law Science Research Center of Renmin University of China on May 21, 2004.