Newly Compiled Handbook on the Application of Criminal Law

Author: Yu Jianwei
Publisher:
Publish Date: 2003-01-01
Features: The Fourth and Fifth Sessions of the Eighth National People's Congress successively made major amendments to the "Criminal Procedure Law of the People's Republic of China" and the "Criminal Law of the People's Republic of China" (hereinafter referred to as "the two laws"). Before the amendments, a large number of judicial interpretations formulated by the Supreme People's Court and the Supreme People's Procuratorate, as well as administrative regulations and departmental rules formulated by the State Council and its departments, were no longer applicable due to inconsistencies with the amended laws; some were rendered obsolete as they were absorbed by the amended legal provisions; and some remained valid as there were no substantive changes in the legal provisions before and after the amendments. Some documents could be fully referenced, while more often only a portion of their content was still applicable. Due to the large number and complexity of these judicial interpretations and administrative regulations, a systematic review has not yet been completed. Moreover, after the amendments to the "two laws," numerous new interpretations, regulations, and rules have been issued, resulting in an overlap between new and old documents, as well as between effective and those no longer applicable, which makes their use inconvenient. To facilitate the correct application of "the two laws" by judicial personnel, as well as to assist legal education, researchers, and lawyers in their work by eliminating the need for extensive searches and comparisons, the compilers have spent several years collecting, studying, and screening judicial interpretations and administrative regulations and departmental rules related to "the two laws" before the amendments. They have excluded parts that have been explicitly abolished, are inconsistent with the amended legal provisions, or have been absorbed by the amended laws, while retaining the content still applicable. They have also listed relevant legal provisions, legislative interpretations, judicial interpretations, administrative regulations, and departmental rules issued after the amendments to the "two laws" (up to December 2000) in the form of questions, organized them according to the order of the provisions in "the two laws," and categorized them under the corresponding provisions. The book has three main features: First, comprehensive content. The content of "the two laws" is not overlooked, and all relevant effective legal provisions, legislative and judicial interpretations, administrative regulations, and departmental rules are included as much as possible. Additionally, it includes legal provisions, judicial interpretations, and departmental rules related to criminal compensation and the investigation and punishment of illegal case handling. Second, innovative format. Effective legal provisions, legislative and judicial interpretations, administrative regulations, and departmental rules are categorized and placed under the relevant provisions of "the two laws." This way, all legal provisions, legislative interpretations, judicial interpretations, administrative regulations, and departmental rules related to each issue are systematically organized in a hierarchical manner. Third, concise and practical. Most judicial interpretations before the amendments to "the two laws" were only partially applicable, and administrative regulations and departmental rules were even more limited in their relevance to the application of "the two laws." In response, the compilers did not simply reproduce these documents in full but extracted the useful parts and assigned appropriate titles based on their content, listing them under the corresponding legal provisions. This significantly reduces the (length) while highlighting the key points. With the table of contents, the issues you need to find become immediately clear, making the book very user-friendly.