General Compilation of the Gist of the People's Court's Criminal Guiding Case Adjudication (Volume II, Third Edition).
Chen Xingliang, Zhang Jun, Hu Yunteng, editors-in-chief.
Preface to the third edition. Chen Xingliang (Boya Chair Professor, Peking University).
The first edition of the book "General Gist of the Criminal Guiding Cases Adjudication of the People's Courts" was published in 2013, the second edition in 2018, and the third edition in 2024. It is gratifying to note that following the development and maturity of China's Case Guidance System, this book has been updated and republished at a rate of about once every five years, and has become an influential brand of codification publications for criminal guiding cases. 
In 2010, the Supreme People's Court promulgated the Provisions on Work on Case Guidance (hereinafter referred to as the "Provisions"), formally establishing the Case Guidance System with Chinese characteristics. Subsequently, in 2015, the Supreme People's Court promulgated the Detailed Rules for the Implementation of the Provisions on Work on Case Guidance (hereinafter referred to as the "Detailed Implementation Rules"), further standardizing and improving the system for work on Case Guidance. Of particular note is the Guiding Opinions of the Supreme People's Court on Unifying the Application of Law and Strengthening the Search for Similar Cases (Trial) (hereinafter referred to as the "Guiding Opinions"), which came into effect on July 31, 2020. If we say that the "Provisions" and the "Detailed Implementation Rules" are the normative basis for the case guidance system of the people's courts in China; Then, the search system for similar cases established by the Guiding Opinions indicates that the Case Guidance System of the People's Courts of China has entered a stage of full implementation, which has laid the foundation for the integration of the Case Guidance System into the judicial system of China. As Chinese scholars have pointed out, on the premise of adhering to the framework of China's current legal system, the Guiding Opinions position China's search system for similar cases as a specific system under the statutory law system with Chinese characteristics, emphasizing that the people's courts should give full play to the reference role of Guiding Cases and other similar cases on the basis of adjudicating cases in accordance with the law, promote the realization of judicial justice such as the uniform application of law, and continuously enhance the stability and predictability of the law. The search system for similar cases is a way for guiding cases to be applied to judicial adjudication and law-finding activities, and it requires judges to not only find the law when handling criminal cases or other cases, that is, to find the legal rules applicable to pending cases from normative documents, but also to conduct a search for similar cases, and further clarify the normative basis for case handling through guiding cases. In particular, when legal norms are abstract and comprehensive, it is more necessary to refer to the gist of the adjudication of the Guiding Case. When conducting a search for similar cases, the concept of similar cases should first be clarified. Similar cases here, as the name suggests, refer to similar cases. There are some controversies in the academic circles in China on the understanding of similar cases, and there are mainly the following three views: The first view is that similar cases refer to cases that have similar factors to pending cases, including similar facts, similar legal relationships, similar points of dispute, and similar legal issues in dispute. The second view is that the similarity of cases refers to comparing the factual characteristics stated in the precedent with the litigation issues of the pending case and judging the sameness or similarity, rather than generally determining the similarity of the facts of the whole case. The third view is that the essence of "same case" in different judgments in the same case is to use the legal characteristics of the facts of the case as a clue to determine whether the facts of the case are of the same legal nature as a whole. In the above-mentioned disputes, the core issue is the distinction between similar cases and similar cases. As mentioned earlier, a similar case refers to a similar case. So, does the same kind of case here refer to one type of case or is it divided into two types of cases, i.e., the same kind of case or similar case? In my opinion, similar cases should refer to the same type of cases, i.e., similar cases. As for the "same case" in the same case and different judgments, I think it refers to similar cases. Because there is no such thing as an identical case, a similar case is one that is essentially the same, that is, similar. Therefore, there is no need to dwell on the conceptual dispute between similar cases and the same case, but we should go deep into the comparison of the contents of the pending cases and the guiding cases to examine whether there is a similar relationship between the two. What needs to be taken seriously here is the scope of similarity, and in the formulation of the various points of view mentioned above, the similarities are specifically stated, including both factual similarity and legal similarity. However, in my opinion, the so-called similarity can only refer to the similarity of the facts of the case, and does not include the similarity of laws, such as similarity in legal relationships and similarity in legal disputes. It should be pointed out that Article 1 of the Guiding Opinions clearly stipulates the concept of similar cases, "similar cases refer to cases that are similar to pending cases in terms of basic facts, focus of disputes, application of law, etc., and have already been adjudicated and effective by the people's courts". Here, the similarities of similar cases can be summarized into three aspects: the facts of the case, the focus of the dispute, and the application of law. Logically, however, it is debatable whether the focus of the dispute and the application of law can be used as similarities. The distinction between factual and legal issues is involved here: facts are the premise for the application of law, and the law applicable to different facts should also be different. Therefore, similar cases can only be judged from whether the facts of the cases are similar. As long as the facts of the cases are similar, the focus of the dispute and the application of law must be referred to. 
It should be pointed out that not all cases can become similar cases, and only authoritative cases can become similar cases that can be referred to. Article 4, Paragraph 1 of the Guiding Opinions specifically stipulates the scope of similar cases: "The scope of search for similar cases generally includes: (1) Guiding Cases issued by the Supreme People's Court; (2) Typical cases released by the Supreme People's Court and cases in which judgments have taken effect; (3) Reference cases and cases in which judgments have taken effect published by the high people's courts of that province (autonomous region, directly governed municipality); (4) Cases in which the judgment of the people's court at the level above or that court has taken effect. "Among the above four types of cases, the Guiding Cases issued by the Supreme People's Court are, of course, the most authoritative, and therefore the main cases of the same kind**, which play a very important guiding role in the adjudication work of courts across the country. In a sense, the Guiding Cases released by the Supreme People's Court are in the nature of precedents. In fact, not only Guiding Cases, but also all cases in which the Supreme People's Court's judgments and judgments take effect have a guiding role in the adjudication work of the people's courts at all levels, and are therefore in the nature of similar cases. In addition to Guiding Cases, the Supreme People's Court also publishes Typical Cases, which often release several cases on a certain topic, which are relevant to a certain type of case and therefore of practical significance. In addition to cases issued by the Supreme People's Court and cases in which judgments and judgments take effect, according to the Guiding Opinions, cases in which the judgments of the High People's Court, the people's court at the next higher level, and this court take effect may also become similar cases. It can be seen from this that the scope of similar cases in China's judicial practice is relatively extensive. It should be noted here that, although there are many types of similar cases, not all of them have the same effect. First of all, the impact of similar cases at different levels is different in terms of pending cases. For example, the Guiding Cases of the Supreme People's Court are of reference value. The referential effect here is only lower than that of the commendability. Other similar cases are referential, and the effect of referential is significantly lower than that of referential here. Second, the effectiveness of judgments of different levels of people's courts shall correspond to the level of the people's courts. In other words, the higher the level of the people's court's judgment, the higher the level of validity of the case, and vice versa. For example, the reference value of cases in which a judgment of a high people's court takes effect is higher than that of a case in which a judgment of an intermediate people's court takes effect; The reference value of cases in which the judgments of intermediate people's courts take effect is higher than that of cases in which the judgments of basic people's courts take effect, and so on, all of which make the effectiveness of various types of cases form an orderly hierarchy, thereby eliminating the conflict between the effects of these similar cases. Chinese scholars have adopted the principle of referring to Guiding Cases issued by the Supreme People's Court as cases with explicit binding force; Cases published in the Gazette of the Supreme People's Court, other typical cases, and cases in which judgments take effect, as well as reference cases and cases in which judgments take effect issued by the High People's Court of this province (autonomous region, municipality directly under the Central Government), are referred to as cases or cases with strong implicit binding force; It is appropriate to refer to cases in which the judgment of the people's court at the next higher level and the judgment of this court takes effect as a case with weak hidden binding force. It should be pointed out that judges often have certain preconceived notions when adjudicating cases, and are easily influenced by their own adjudication precedents. Therefore, after searching for similar cases, if you find that the results of the case in which your judgment has taken effect are different from those of the Supreme People's Court, the High People's Court, or the Intermediate People's Court, you should follow the binding similar cases and change the results of your habitual case handling. The establishment of a search system for similar cases has greatly stimulated the demand for similar cases in the people's courts at all levels. Judging from the current situation, the Supreme People's Court's Guiding Cases and Typical Cases have been publicly released, so that judicial organs at all levels can quickly understand them, and thus they are relatively easy to retrieve. Although other cases in which judgments have taken effect have also been published through various channels, such as the China Judgments Network, it is slightly more difficult to retrieve. Under such circumstances, the Supreme People's Court has also disclosed some cases with important reference value through publications such as the Gazette of the Supreme People's Court, the Criminal Trial Reference, and the Selected Cases of the People's Court, and has processed these cases to extract the focus of the dispute and the reasons for the adjudication, which has brought convenience to judges in retrieving similar cases and applying them for reference, which is worthy of recognition. At the same time, various publications on the compilation of cases have also been published, and the above-mentioned cases have been reprocessed and compiled into a book to provide information for judges to search for cases. With the implementation of the search system for similar cases, it is conceivable that the demand for case compilation works by the judiciary will also increase. Therefore, it is timely to supplement and revise the "General Compilation of the Essentials of the People's Court's Criminal Guiding Case Adjudication" in a timely manner. 
The General Essentials of the Criminal Guiding Cases Adjudication of the People's Courts is based on the amendments to the Criminal Law and relevant judicial interpretations, and in accordance with the style and methods of the second edition, supplementing and adding appropriate cases, and writing the gist and explanation of the adjudication. With the promulgation of judicial interpretations, the gist of the adjudication of relevant cases has also been revised. The deadline for this book is the end of June 2023. It should be noted that the supplementary writing of the third edition of this book was completed by Associate Professor Xu Lingbo of Nanjing University Law School alone, with a total of more than 980,000 words. We would like to thank her for her hard work in making it possible for the timely publication of the third edition of this book. Acquaintance in Kunming Binjiang Junyuan Residence.
September 13, 2023.
Excerpted from the preface to Chen Xingliang's "General Compilation of the Essentials of the Criminal Guiding Cases of the People's Courts" (Volume II, Third Edition).
Table of Contents
Chapter I: Crimes of Endangering ***.
* State offences (Article 103, Paragraph 1 of the Criminal Code).
Subversion of State power (Article 105, Paragraph 1 of the Criminal Law).
Espionage (Article 110 of the Criminal Code).
The crime of stealing, espionage, buying, or illegally providing state secrets or intelligence for foreign countries (Article 111 of the Criminal Law).
Chapter II: Crimes Endangering Public Security.
Arson (Articles 114 and 115, Paragraph 1 of the Criminal Law).
* Crime (Articles 114 and 115, Paragraph 1 of the Criminal Code).
The crime of releasing dangerous substances (Articles 114 and 115, Paragraph 1 of the Criminal Law).
The crime of endangering public safety by dangerous means (Articles 114 and 115, Paragraph 1 of the Criminal Law).
Negligent endangerment of public safety by dangerous means (Article 115, Paragraph 2 of the Criminal Law).
The crime of sabotage of transportation facilities (Articles 117 and 119, Paragraph 1 of the Criminal Law).
The crime of sabotage of electrical equipment (Articles 118 and 119, Paragraph 1 of the Criminal Law).
Organizing, leading, or participating in a terrorist organization (Article 120 of the Criminal Law).
Hijacking of ships and automobiles (Article 122 of the Criminal Law).
The crime of sabotaging radio and television facilities and public telecommunications facilities (Article 124, Paragraph 1 of the Criminal Law).
Illegal manufacturing, trading, transporting, mailing, and storing firearms, ammunition, and ** items (Article 125 of the Criminal Law).
Paragraph 1) Illegal manufacture, trade, transportation and storage of dangerous substances (Article 125, Paragraph 2 of the Criminal Law).
Illegal possession or concealment of firearms and ammunition (Article 128, Paragraph 1 of the Criminal Law).
Traffic accident (Article 133 of the Criminal Law).
Dangerous driving (Article 133-1 of the Criminal Law).
The crime of major liability accident (Article 134, Paragraph 1 of the Criminal Law).
Dangerous goods causing accidents (Article 136 of the Criminal Law).
The crime of fire protection liability accident (Article 139 of the Criminal Law).
Chapter III: Crimes of Undermining the Order of the Socialist Market Economy.
The crime of producing and selling counterfeit and shoddy products (Article 140 of the Criminal Law).
Production, sale, and provision of counterfeit drugs (Article 141 of the Criminal Law).
Obstruction of drug administration (Article 142-1 of the Criminal Law).
The crime of producing and selling food that does not meet safety standards (Article 143 of the Criminal Law).
The crime of producing and selling poisonous or harmful food (Article 144 of the Criminal Law).
The crime of producing and selling products that do not meet safety standards (Article 146 of the Criminal Law).
The crime of producing and selling counterfeit and shoddy pesticides, veterinary drugs, fertilizers, and seeds (Article 147 of the Criminal Law).
Smuggling**, ammunition (Article 151, Paragraph 1 of the Criminal Law).
The crime of smuggling cultural relics (Article 151, Paragraph 2 of the Criminal Law).
The crime of smuggling precious animals and precious animal products (Article 151, Paragraph 2 of the Criminal Law).
The crime of smuggling goods and articles prohibited by the state from being imported or exported (Article 151, Paragraph 3 of the Criminal Law).
Waste smuggling (Article 152, Paragraph 2 of the Criminal Code).
The crime of smuggling ordinary goods and articles (Articles 153 and 154 of the Criminal Law).
False declaration of registered capital (Article 158 of the Criminal Law).
False capital contribution and evasion of capital contribution (Article 159 of the Criminal Law).
Fraudulent issuance of ** (Article 160 of the Criminal Law).
Illegal disclosure or non-disclosure of important information (Article 161 of the Criminal Law).
Obstruction of liquidation (Article 162 of the Criminal Law).
The crime of concealing or intentionally destroying accounting vouchers, accounting books, and financial accounting reports (Article 162-1 of the Criminal Law).
Crime of non-state functionary** (Article 163, Paragraph 1 of the Criminal Law).
Offering bribes to non-State functionaries (Article 164 of the Criminal Code).
Illegal operation of the same type of business (Article 165 of the Criminal Law).
The crime of being deceived by dereliction of duty in signing or performing a contract (Article 167 of the Criminal Law).
Counterfeiting of currency (Article 170 of the Criminal Code).
*The crime of purchasing and transporting counterfeit money (Article 171, Paragraph 1 of the Criminal Law).
The crime of usury (Article 175 of the Criminal Law).
Fraudulently obtaining loans, acceptance of bills, and financial bills (Article 175-1 of the Criminal Law).
The crime of illegally absorbing deposits from the public (Article 176 of the Criminal Law).
Forging or altering financial documents (Article 177 of the Criminal Law).
Obstruction of credit card management (Article 177-1, Paragraph 1 of the Criminal Law).
The crime of stealing, buying, or illegally providing credit card information (Article 177-1, Paragraph 2 of the Criminal Law).
Insider trading and leaking inside information (Article 180, Paragraph 1 of the Criminal Law).
The crime of using non-public information for trading (Article 180, Paragraph 4 of the Criminal Law).
Manipulation and market crimes (Article 182 of the Criminal Law).
The crime of using entrusted property in breach of trust (Article 185-1, Paragraph 1 of the Criminal Law).
Illegal issuance of loans (Article 186 of the Criminal Law).
Money-laundering offence (Article 191 of the Criminal Code).
Fund-raising fraud (Article 192 of the Criminal Law).
Loan fraud (Article 193 of the Criminal Law).
Bill fraud (Article 194, Paragraph 1 of the Criminal Law).
Fraud of financial documents (Article 194, Paragraph 2 of the Criminal Law).
Credit card fraud (Article 196, Paragraph 1 of the Criminal Law).
Insurance fraud (Article 198 of the Criminal Law).
Tax evasion (Article 201 of the Criminal Code).
The crime of fraudulently obtaining export tax rebates (Article 204 of the Criminal Law).
False *** is used to defraud export tax rebates and tax deduction invoices (Article 205 of the Criminal Law).
The crime of forging or forging special VAT invoices (Article 206 of the Criminal Law).
The crime of illegal ** special VAT invoice (Article 207 of the Criminal Law).
Illegally manufactured or illegally manufactured invoices (Article 209, Paragraph 2 of the Criminal Law).
Counterfeiting of registered trademarks (Article 213 of the Criminal Law).
The crime of selling goods with counterfeit registered trademarks (Article 214 of the Criminal Law).
The crime of illegally manufacturing or selling illegally manufactured registered trademark logos (Article 215 of the Criminal Law).
Copyright infringement (Article 217 of the Criminal Law).
Infringement of trade secrets (Article 219 of the Criminal Law).
Crimes of harming commercial reputation and commodity reputation (Article 221 of the Criminal Law).
Bid-rigging (Article 223 of the Criminal Law).
Contract fraud (Article 224 of the Criminal Law).
Organizing and leading pyramid selling activities (Article 224-1 of the Criminal Law).
Illegal business operation (Article 225 of the Criminal Law).
Forced transaction (Article 226 of the Criminal Law).
The crime of forging or reselling forged negotiable instruments (Article 227, Paragraph 1 of the Criminal Law).
The crime of reselling bus and ferry tickets (Article 227, Paragraph 2 of the Criminal Law).
The crime of illegally transferring or reselling land use rights (Article 228 of the Criminal Law).
Crime of providing false supporting documents (Article 229 of the Criminal Code).
1. 2) Chapter IV: Crimes of Infringing on Citizens' Personal Rights and Democratic Rights.
Intentional homicide (article 232 of the Criminal Code).
Negligence causing death (Article 233 of the Criminal Code).
Intentional injury (Article 234 of the Criminal Law).
The crime of organizing the sale of human organs (Article 234-1 of the Criminal Law).
* Crime (Article 236 of the Criminal Code).
Coercion, insult (Article 237 of the Criminal Law).
Illegal detention (article 238 of the Criminal Law).
Kidnapping (Article 239 of the Criminal Code).
Abduction and trafficking in women and children (Article 240 of the Criminal Law).
The crime of buying abducted and trafficked women and children (Article 241, Paragraph 1 of the Criminal Law).
Forced labor (Article 244 of the Criminal Law).
Trespass into a dwelling (Article 245 of the Criminal Code).
Insult (Article 246 of the Criminal Code).
** (Article 246 of the Criminal Law).
Infringement of citizens' personal information (Article 253-1 of the Criminal Law).
Violent interference with the freedom of marriage (article 257 of the Criminal Code).
Bigamy (Article 258 of the Criminal Code).
Crime of sabotaging a military marriage (Article 259 of the Criminal Law).
Ill-treatment (article 260 of the Criminal Code).
Organizing the disabled and children to beg (Article 262-1 of the Criminal Law).
Chapter V: Crimes against Property.
Robbery (article 263 of the Criminal Code).
Theft (article 264 of the Criminal Code).
Fraud (Article 266 of the Criminal Law).
Robbery (Article 267, Paragraph 1 of the Criminal Code).
Misappropriation (Article 270 of the Criminal Code).
The crime of embezzlement in public office (Article 271 of the Criminal Law).
Misappropriation of funds (Article 272 of the Criminal Code).
Extortion (Article 274 of the Criminal Code).
Intentional destruction of property (Article 275 of the Criminal Law).
The crime of sabotaging production and business operations (Article 276 of the Criminal Law).
The crime of refusing to pay labor remuneration (Article 276-1 of the Criminal Law).
Chapter VI: Crimes of Obstructing the Order of Social Management.
Obstruction of official duties (Article 277 of the Criminal Law).
Solicitation and deception (Article 279 of the Criminal Law).
The crime of forgery, alteration, or buying official documents, certificates, or seals of ** organs (Article 280, Paragraph 1 of the Criminal Law).
Illegality**, the crime of providing test questions and answers (Article 284-1, Paragraph 3 of the Criminal Law).
Illegally obtaining data from computer information systems and illegally controlling computer information systems (Article 285 of the Criminal Law).
Paragraph 2) Crime of sabotage of computer information systems (Article 286 of the Criminal Law).
The crime of assembling a crowd to disrupt social order (Article 290, Paragraph 1 of the Criminal Law).
The crime of assembling a crowd to disrupt order in public places or traffic order (Article 291 of the Criminal Law).
The crime of fabricating or intentionally disseminating false terrorist information (Article 291-1, Paragraph 1 of the Criminal Law).
The crime of fabricating or intentionally disseminating false information (Article 291-1, Paragraph 2 of the Criminal Law).
The crime of throwing objects from high altitudes (Article 291-2 of the Criminal Law).
The crime of assembling a crowd to fight (Article 292 of the Criminal Law).
The crime of picking quarrels and provoking troubles (Article 293 of the Criminal Law).
Organizing, leading, or participating in the crime of organizing a *** nature (Article 294, Paragraph 1 of the Criminal Law).
Harboring or abetting the crime of *** criminal organization (Article 294, Paragraph 3 of the Criminal Law).
The offence of teaching methods of crime (article 295 of the Criminal Code).
Gambling (Article 303, Paragraph 1 of the Criminal Code).
The crime of opening a casino (Article 303, Paragraph 2 of the Criminal Code).
Obstruction of testimony (Article 307, Paragraph 1 of the Criminal Law).
False litigation (Article 307-1 of the Criminal Law).
Harboring or harboring (Article 310 of the Criminal Law).
The crime of covering up or concealing criminal proceeds or the proceeds thereof (Article 312 of the Criminal Law).
The crime of refusing to enforce a judgment or ruling (Article 313 of the Criminal Law).
Escape (Article 316, Paragraph 1 of the Criminal Law).
The crime of organizing others to illegally cross the national (border) border (Article 318 of the Criminal Law).
The crime of fraudulently obtaining exit documents (Article 319 of the Criminal Law).
The crime of stealing and excavating ancient cultural sites and tombs (Article 328, Paragraph 1 of the Criminal Law).
Obstruction of the prevention and control of infectious diseases (Article 330 of the Criminal Law).
Medical malpractice (Article 335 of the Criminal Law).
Illegal practice of medicine (Article 336, Paragraph 1 of the Criminal Law).
Illegal sterilization (Article 336, Paragraph 2 of the Criminal Law).
Environmental pollution (Article 338 of the Criminal Law).
Illegal fishing of aquatic products (Article 340 of the Criminal Law).
Crimes against precious and endangered wildlife (Article 341, Paragraph 1 of the Criminal Law).
Illegal occupation of agricultural land (Article 342 of the Criminal Law).
The crime of endangering plants under national key protection (Article 344 of the Criminal Law).
Illegal logging of trees (Article 345, Paragraph 1 of the Criminal Law).
The crime of indiscriminate felling of trees (Article 345, Paragraph 2 of the Criminal Law).
Smuggling, trafficking, transporting and manufacturing drugs (Article 347 of the Criminal Law).
Illegal possession of drugs (Article 348 of the Criminal Law).
The crime of harboring, transferring, or concealing narcotics or drug proceeds (Article 349 of the Criminal Law).
Illegal production, trading, transportation and smuggling of narcotic substances (Article 350 of the Criminal Law).
The crime of allowing others to take drugs (Article 354 of the Criminal Law).
Crime of organizing ** (Article 358 of the Criminal Law.)
Paragraph 1 and 2) Crime of coercion ** (Article 358 of the Criminal Law.
1. and 2) The crime of inducing, accommodating, or introducing ** (Article 359, Paragraph 1 of the Criminal Law).
Spread of venereal diseases (Article 360 of the Criminal Code).
The crime of producing, reproducing, publishing, selling, or disseminating ** items for profit (Article 363, Paragraph 1 of the Criminal Law).
The crime of disseminating ** articles (Article 364, Paragraph 1 of the Criminal Law).
The crime of organizing a performance (Article 365 of the Criminal Law).
Chapter VII: Crimes Endangering National Defense Interests.
The crime of impersonating a soldier to deceive (Article 372 of the Criminal Law).
Chapter VIII **Bribery.
* Crime (Article 382 of the Criminal Code).
Misappropriation (Article 384 of the Criminal Law).
* Crime (Article 385 of the Criminal Code).
Crime of using influence (Article 388-1 of the Criminal Law).
Offering bribes (Article 389 of the Criminal Law).
The crime of offering bribes to a unit (Article 391 of the Criminal Law).
The crime of offering bribes by a unit (Article 393 of the Criminal Law).
The crime of privately dividing state-owned assets (Article 396, Paragraph 1 of the Criminal Law).
Chapter IX: The Crime of Dereliction of Duty.
Abuse of power (Article 397 of the Criminal Law).
Dereliction of duty (Article 397 of the Criminal Law).
Perverting the law for personal gain (Article 399, Paragraph 1 of the Criminal Law).
Arbitration (Article 399-1 of the Criminal Law).
Crime of holding a person in custody (Article 400, Paragraph 1 of the Criminal Code).
The crime of not collecting or underpaying taxes for personal gain (Article 404 of the Criminal Law).
The crime of dereliction of duty and deception by a state organ functionary in signing or performing a contract (Article 406 of the Criminal Law).
The crime of illegally issuing a forest felling permit (Article 407 of the Criminal Law).
Food and drug supervision dereliction of duty (Article 408-1 of the Criminal Law).
The crime of dereliction of duty in the prevention and treatment of infectious diseases (Article 409 of the Criminal Law).
The crime of releasing persons who illegally cross the national (border) border (Article 415 of the Criminal Law).
The crime of helping criminals evade punishment (Article 417 of the Criminal Law).
Recruiting civil servants and students for personal gain (Article 418 of the Criminal Law).
Case Index. Index of subject headings.
New book recommendations
General Compilation of the Gist of the People's Court's Criminal Guiding Case Adjudication (Volume II, Third Edition).
Chen Xingliang, Zhang Jun, Hu Yunteng, editors-in-chief.
The offences in the chapters of this book are arranged in the order of the provisions of the Criminal Code. The included cases are composed of two parts: the basic facts of the case and the gist of the adjudication, and the gist of the adjudication is discussed in combination with the facts of the case, which is clearer and easier to understand.
The third edition of this book supplements and updates the cases, and is an indispensable "reference work" for criminal law researchers and criminal law practitioners.
China has established the Case Guidance System, and according to relevant provisions, courts across the country "shall refer to" Guiding Cases when hearing cases similar to Guiding Cases. The manuscript of this book is the collation and refinement of similar cases, and it is extremely practical.
The General Gist of the People's Court's Criminal Guiding Case Adjudication is a book that extracts the gist of the adjudication that is of guiding significance for criminal trials on the basis of the selection of existing criminal guiding cases. Therefore, it is different from previous compilation works of Guiding Cases, and highlights the gist of the adjudication extracted from the Guiding Cases. It can be said that the gist of the adjudication is its key word.
When refining the gist of the adjudication, this book pays attention to the corresponding facts of the case and the reasons for the adjudication, and at the same time has a certain degree of abstraction, so as to "originate from the case and be higher than the case". In the same case, if there are several rules, they are marked separately.
On the basis of the processing and refinement of the relevant business chambers of the Supreme People's Court, this book has been further processed, and the main work of this book is to select and rewrite the cases, extract the gist of the adjudication from them, and make necessary arguments and elaborations on the gist of the adjudication in combination with the cases.
The third edition complements new case studies from the previous edition of the book to the present. The Supreme People's Court issued the Guiding Opinions on Unifying the Application of Law and Strengthening the Search for Similar Cases (for Trial Implementation), which came into effect on July 31, 2020. The Opinions require that in the course of trial of cases, judges need to conduct a search for similar cases in four types of situations, such as cases that lack clear adjudication rules or have not yet formed uniform adjudication rules, and standardize judges' discretion and promote the uniform application of law by referring to similar cases that have been in effect in the past. And this book is the collation and refinement of similar cases.
Related good books
Annotated encyclopedia of criminal law.
Chen Xingliang, Liu Shude, Wang Fangkai, eds.
The annotations to the current provisions of the Criminal Law are rich in content and voluminous, and can be described as a collection of criminal law legislation, justice and cases.
The most important feature of this book is that it is large and complete: "big" here means grandiose. Compared with similar criminal law reference books, this book is rich in content and voluminous, and can be described as a collection of criminal law legislation, justice and cases. "Complete" here means that the information is complete. This book collects all kinds of materials related to criminal law, and scientifically arranges them with the current criminal law provisions as the central clue to form a content system with internal logical relationships, which is easy to find. It is precisely because of these characteristics that this book is different from other criminal law reference books.
This book is a large-scale legal professional reference book that is annotated article by article in accordance with the style and regulations of the current Criminal Law in China.
Under each article of the Criminal Law, this book lists the columns of [Legislative Interpretation], [Legislative Explanatory Documents], [Legislative History], [Legislative Reasons], [Explanation of Provisions], Judicial Interpretations, Judicial Interpretative Documents, Subsidiary Criminal Law, Guiding Cases, Gazette Cases, and Reference Cases. In addition, the editors of this book also use the dividing line as the boundary, and cite the views of China's current criminal law textbooks and important periodicals in the footnote part, so as to support the practical views or reflect each other with the practical views.
This book is led by Professor Chen Xingliang, a well-known criminal law scholar. The compilation of this book took three years and more than 5 million words.