After the Portuguese leased in Macao in the mid-period of Ming Dynasty, the Portuguese officials here were asked to comply with the law of China more than once. To the Qing dynasty, the Portuguese still stubbornly ref...After the Portuguese leased in Macao in the mid-period of Ming Dynasty, the Portuguese officials here were asked to comply with the law of China more than once. To the Qing dynasty, the Portuguese still stubbornly refused to obey the law of China and often escaped from Chinese criminal law using briberies. In the case about Huiqian CHEN and the processing in the end of 1743, the fact that the Portuguese often escaped from the law of China was changed, and the principle of the Chinese judicial officials about processing the murders about Chinese killed by foreigners was explicitly defined. In this principle, Chinese significant compromises and concessions to the Portuguese were also included, but the criminal jurisdiction was ultimately controlled by the Government of the Qing Dynasty. Thus, the foreign-related criminal procedures conforming to foreign conditions were revised by the government of the Qing Dynasty according to the actual circumstances of Macao. However, the foreign-related criminal procedures revised by the government of the Qing Dynasty were not honestly observed by the Portuguese. After several major cases occurred in Macao, security rules and regulations were further issued by the government of the Qing Dynasty, in which the judicial control power of the government of the Qing Dynasty in Macao was unequivocally stated.展开更多
Since the ＂five -punishment＂ system was established from the period of the slavery society of the Western Zhou Dynasty, corporal punishment has been always in existence as a tool used by the rulers to punish people ...Since the ＂five -punishment＂ system was established from the period of the slavery society of the Western Zhou Dynasty, corporal punishment has been always in existence as a tool used by the rulers to punish people in ancient China. Although corporal punishment was abolished in the punishment sentencing reform of Emperor Wen of Han, it was further developed and improved in the penalty system of the Sui and Tang dynasties. However, it was restored in the Song, Liao, Yuan, Ming, and Qing Dynasties, etc. From the studies of the corporal punishment change, the reform law of the penal system in ancient China can be found, and also the significance of ancient Chinese corporal punishment reform to the progress of criminal penalty can be sought. Meanwhile, it is of vital significance to knowing well the development of China＇s legal history and improving the current penal system.展开更多
The theory of action liberal in cause has a long history. But this concept originally did not exist in our country＇s traditional crinainal law. It has caused widespread controversy and discussion after being introduc...The theory of action liberal in cause has a long history. But this concept originally did not exist in our country＇s traditional crinainal law. It has caused widespread controversy and discussion after being introduced into Chinese academy of criminal law. From researches on various viewpoints about the theory of action liberal in cause in German and Japanese theories of criminal law, this paper discusses problems such as recognition of the form of a crime of action liberal in cause, the basis of straPoarkeit and how to coordinate with criminal law principles like ＂capacity for responsibility coexists with capacity for act＂. In the end, it puts forward the scheme of modification for relevant legislation of action liberal in cause.展开更多
In the criminal justice system, the criminal execution though is the last part, but with the conviction and sentencing of the system have the same importance. Criminal conviction and sentencing execution is guaranteed...In the criminal justice system, the criminal execution though is the last part, but with the conviction and sentencing of the system have the same importance. Criminal conviction and sentencing execution is guaranteed to achieve, but also fairness and justice contained in the Criminal Code. In criminal law enforcement issues related to research more deeply refined today, supervision of Criminal changes have also been made to perform individually and have a very important significance. A direct result of the implementation of the activities of Criminal debtor prison of term prison sentences and the way to change the location, and the status of implementation as well as criminal penalties for the personal interests are closely related, and therefore it is a very, important enforcement regime. Under our current legal environment, the high amount of crime, large numbers of people in custody are restdting in criminal arduous tasks. It is coupled with the existing legal provisions for change-flawed execution of supervision that is extremely prone to change in the course of execution carried favoritism, money corruption. Meanwhile, the new introduction of the ＂Criminal Law Amendment eight,＂ is for which the commutation, parole perform content changes made adjustments and changes.But for the first time, it provides for community corrections system officially to be incorporated into China＇ s Criminal Law among but the corresponding lack of prosecutorial oversight and other content specific legal provisions, changes are related to the implementation of community Corrections supervision given probation, parole, probation and other penalties to bring the practical operation of the nroblerns.展开更多
Since the implementation of the rules of the supplement and correction of the defective evidences, there are many problems in the practice. The actual investigations and researches also feedback that the judges also h...Since the implementation of the rules of the supplement and correction of the defective evidences, there are many problems in the practice. The actual investigations and researches also feedback that the judges also have a lot of problems in the face of the definition of the meaning of the defective evidences, the correction application, and the degree restrictions. Behind this reflects the contradiction between the stress of the prosecution organs in the criminal detection and the deepening of the resisting mechanism in the court. And the litigation structure of the ＂division of responsibilities among three authorities＂ and the trial mode of ＂the centralism of the book records of the cases＂ exacerbated this opposition. On the basis of clarifying the origin and the meanings of the defective evidences, the author of this paper analyzes the essence and its harm of the rule. Through the reflections of the problems existing in the practice, the author further defines the two types of the ＂defects＂ that shall not be allowed to correct.展开更多
In Germany, Japan and in the Taiwan Region of our country, there is the long-standing debate about the joint negligence crime, and in the mainland of China, there are many scholars having discussed, but because the pr...In Germany, Japan and in the Taiwan Region of our country, there is the long-standing debate about the joint negligence crime, and in the mainland of China, there are many scholars having discussed, but because the provisions on the joint crimes in the criminal law of our country exclude the joint negligence, the relevant discussions are not very sufficient. This paper talks about the views on the relevant issues of the joint negligence crimes, with the provisions on the traffic accident accomplice in the ＂Explanation of several issues concerning the specific application of law in the trial of criminal cases of traffic accidents＂ by the Supreme People＇s Court in 2000 as the starting point, in recognition of the negligent offender, the author further analyzes the constitution of the concept, in order to more clearly define the instigator of the negligent offender.展开更多
The nineteenth session of the Standing Committee of the Eleventh National People＇s Congress in February 25, 2011 approved the ＂PRC Criminal Law Amendment （eight）＂, which for the first time added the provision of ...The nineteenth session of the Standing Committee of the Eleventh National People＇s Congress in February 25, 2011 approved the ＂PRC Criminal Law Amendment （eight）＂, which for the first time added the provision of the lenient punishment for the elderly crimes. The provision filled the legislative blank of the criminal responsibility of this special group of the old people in the criminal law of our country. But at the same time, we should also clearly see the deficiencies of the amendment （eight）. This paper attempts to sort out the rationality of the lenient application of the punishment on the older people from the aspect of the criminal policy oftemperingjustice with mercy and other aspects, and to construct and perfect the specific legislative proposals that the amendment （eight） puts forward.展开更多
Since the enactment of China＇s Criminal Procedure Law in 1979, China＇s criminal procedure system has undergone a process of refinement and elaboration. A relatively complete framework for the criminal procedure syst...Since the enactment of China＇s Criminal Procedure Law in 1979, China＇s criminal procedure system has undergone a process of refinement and elaboration. A relatively complete framework for the criminal procedure system has been constructed that fits in well with contemporary international thinking on criminal procedure. The Decision on Amending the Criminal Procedure Law of the People＇s Republic of China passed by the National People＇s Congress on March 14, 2012 highlights China＇s strenuous efforts in protecting human rights and promoting the modernization of the legal system. It also demonstrates the consolidation and absorption of the achievements of China＇s continuing reforms. A review of the main content of the Amendment to Criminal Procedure Law is highly significant for the further improvement of the system.展开更多
文摘After the Portuguese leased in Macao in the mid-period of Ming Dynasty, the Portuguese officials here were asked to comply with the law of China more than once. To the Qing dynasty, the Portuguese still stubbornly refused to obey the law of China and often escaped from Chinese criminal law using briberies. In the case about Huiqian CHEN and the processing in the end of 1743, the fact that the Portuguese often escaped from the law of China was changed, and the principle of the Chinese judicial officials about processing the murders about Chinese killed by foreigners was explicitly defined. In this principle, Chinese significant compromises and concessions to the Portuguese were also included, but the criminal jurisdiction was ultimately controlled by the Government of the Qing Dynasty. Thus, the foreign-related criminal procedures conforming to foreign conditions were revised by the government of the Qing Dynasty according to the actual circumstances of Macao. However, the foreign-related criminal procedures revised by the government of the Qing Dynasty were not honestly observed by the Portuguese. After several major cases occurred in Macao, security rules and regulations were further issued by the government of the Qing Dynasty, in which the judicial control power of the government of the Qing Dynasty in Macao was unequivocally stated.
文摘Since the ＂five -punishment＂ system was established from the period of the slavery society of the Western Zhou Dynasty, corporal punishment has been always in existence as a tool used by the rulers to punish people in ancient China. Although corporal punishment was abolished in the punishment sentencing reform of Emperor Wen of Han, it was further developed and improved in the penalty system of the Sui and Tang dynasties. However, it was restored in the Song, Liao, Yuan, Ming, and Qing Dynasties, etc. From the studies of the corporal punishment change, the reform law of the penal system in ancient China can be found, and also the significance of ancient Chinese corporal punishment reform to the progress of criminal penalty can be sought. Meanwhile, it is of vital significance to knowing well the development of China＇s legal history and improving the current penal system.
文摘The theory of action liberal in cause has a long history. But this concept originally did not exist in our country＇s traditional crinainal law. It has caused widespread controversy and discussion after being introduced into Chinese academy of criminal law. From researches on various viewpoints about the theory of action liberal in cause in German and Japanese theories of criminal law, this paper discusses problems such as recognition of the form of a crime of action liberal in cause, the basis of straPoarkeit and how to coordinate with criminal law principles like ＂capacity for responsibility coexists with capacity for act＂. In the end, it puts forward the scheme of modification for relevant legislation of action liberal in cause.
文摘In the criminal justice system, the criminal execution though is the last part, but with the conviction and sentencing of the system have the same importance. Criminal conviction and sentencing execution is guaranteed to achieve, but also fairness and justice contained in the Criminal Code. In criminal law enforcement issues related to research more deeply refined today, supervision of Criminal changes have also been made to perform individually and have a very important significance. A direct result of the implementation of the activities of Criminal debtor prison of term prison sentences and the way to change the location, and the status of implementation as well as criminal penalties for the personal interests are closely related, and therefore it is a very, important enforcement regime. Under our current legal environment, the high amount of crime, large numbers of people in custody are restdting in criminal arduous tasks. It is coupled with the existing legal provisions for change-flawed execution of supervision that is extremely prone to change in the course of execution carried favoritism, money corruption. Meanwhile, the new introduction of the ＂Criminal Law Amendment eight,＂ is for which the commutation, parole perform content changes made adjustments and changes.But for the first time, it provides for community corrections system officially to be incorporated into China＇ s Criminal Law among but the corresponding lack of prosecutorial oversight and other content specific legal provisions, changes are related to the implementation of community Corrections supervision given probation, parole, probation and other penalties to bring the practical operation of the nroblerns.
文摘Since the implementation of the rules of the supplement and correction of the defective evidences, there are many problems in the practice. The actual investigations and researches also feedback that the judges also have a lot of problems in the face of the definition of the meaning of the defective evidences, the correction application, and the degree restrictions. Behind this reflects the contradiction between the stress of the prosecution organs in the criminal detection and the deepening of the resisting mechanism in the court. And the litigation structure of the ＂division of responsibilities among three authorities＂ and the trial mode of ＂the centralism of the book records of the cases＂ exacerbated this opposition. On the basis of clarifying the origin and the meanings of the defective evidences, the author of this paper analyzes the essence and its harm of the rule. Through the reflections of the problems existing in the practice, the author further defines the two types of the ＂defects＂ that shall not be allowed to correct.
文摘In Germany, Japan and in the Taiwan Region of our country, there is the long-standing debate about the joint negligence crime, and in the mainland of China, there are many scholars having discussed, but because the provisions on the joint crimes in the criminal law of our country exclude the joint negligence, the relevant discussions are not very sufficient. This paper talks about the views on the relevant issues of the joint negligence crimes, with the provisions on the traffic accident accomplice in the ＂Explanation of several issues concerning the specific application of law in the trial of criminal cases of traffic accidents＂ by the Supreme People＇s Court in 2000 as the starting point, in recognition of the negligent offender, the author further analyzes the constitution of the concept, in order to more clearly define the instigator of the negligent offender.
文摘The nineteenth session of the Standing Committee of the Eleventh National People＇s Congress in February 25, 2011 approved the ＂PRC Criminal Law Amendment （eight）＂, which for the first time added the provision of the lenient punishment for the elderly crimes. The provision filled the legislative blank of the criminal responsibility of this special group of the old people in the criminal law of our country. But at the same time, we should also clearly see the deficiencies of the amendment （eight）. This paper attempts to sort out the rationality of the lenient application of the punishment on the older people from the aspect of the criminal policy oftemperingjustice with mercy and other aspects, and to construct and perfect the specific legislative proposals that the amendment （eight） puts forward.
文摘Since the enactment of China＇s Criminal Procedure Law in 1979, China＇s criminal procedure system has undergone a process of refinement and elaboration. A relatively complete framework for the criminal procedure system has been constructed that fits in well with contemporary international thinking on criminal procedure. The Decision on Amending the Criminal Procedure Law of the People＇s Republic of China passed by the National People＇s Congress on March 14, 2012 highlights China＇s strenuous efforts in protecting human rights and promoting the modernization of the legal system. It also demonstrates the consolidation and absorption of the achievements of China＇s continuing reforms. A review of the main content of the Amendment to Criminal Procedure Law is highly significant for the further improvement of the system.
