Criminal Law Review. Volume 12 (2003)

Author: Chen Xingliang
Publisher:
Publish Date: 2003-04-01
Features: This volume is the 12th issue of Criminal Law Review. This volume highlights three distinctive features: First, it focuses on practical issues such as the campaign against severe punishment and terrorist crimes, advocating for a practical approach to criminal legal governance. Second, it provides insights into foreign systems, such as the Canadian criminal trial system, a comparative study of the role of judges in Europe, and an introduction to the work of the Yale University Whitney Institute, aiming to draw lessons from them. Third, it introduces innovations in research methods and breaks through traditional theories, whether through the application of game theory or the recognition of criminal customary law. I do not insist on flawless conclusions but hope to inject a fresh breeze into existing research. In the "Research on Severe Punishment" section, three papers were published, offering an in-depth and comprehensive study of severe punishment. In the "Case Method Teaching Research" column, three papers were published exploring how to apply cases in legal education. In the "Theoretical Frontiers" section, four papers were developed. Deng Zibin's article "On Presumptions in Criminal Law" selects the concept of presumption as a cross-disciplinary issue that spans both criminal law and criminal procedure law, delving into a comparative study of theoretical presumptions and practical presumptions. In the "Law and Society Research" column, this volume published Wang Qing's article "Evidence Issues in Judicial Practice—A Case Study of First-Instance Cases in a Intermediate Court in Northern China." In the "Foreign Perspectives" section, Li Guifang et al.'s article "A Study on the Criminal Trial System in Canada" was published, providing a comprehensive introduction to criminal evidence, defendant rights, court trials, and criminal legal aid in the Canadian criminal trial system. The "Foreign Translation" column has always been committed to introducing foreign criminal legal systems to domestic scholars. In the "Academic Reflections" section, Jiang Xihu's article "The Art of Punishment—A Study of Foucault's Penal Thought" was published. Through comparative reading, it offers an understanding of a non-specialist in penal studies or criminal law, analyzing the author's stance and methodology, unveiling Foucault's "mask," and extending the discussion to postmodern criminal law thought, advocating for "native talent going abroad and foreign talent returning home" to seek the dimensions of the art of punishment. The papers published in the "Special Research" section cover various fields of criminal law, including Chinese criminal law, international criminal law, criminal procedure law, and criminal execution law.