Criminal Law: General Provisions

Name: Criminal Law: General Provisions
ISBN: 9787202051672

李靖Hebei People's Publishing House · ChinaJan 2018

3.6

Word count: 56K words
Chapters: 67
ISBN: 9787202051672

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Summary

This volume of the Practical Law Series for New Rural Development: Criminal Law · General Provisions covers topics such as: a victim's statement that they will not pursue prosecution does not affect the fact that Zhang's conduct constitutes a crime; his conduct constitutes a direct intentional crime; Li's killing of the wrong person likewise constitutes a crime; a single slap leading to a five-year prison sentence; why electrocution cases with seemingly similar facts yield very different outcomes; careless words can also constitute a crime; and village cadres can be guilty of embezzlement.

Editor's review

Mr. Li Jing's Criminal Law · General Provisions is a professional work grounded in China's criminal law system that combines theoretical depth with practical value. Taking the 2017 General Provisions of the Criminal Law as its basic framework, the book systematically explains foundational theory while placing particular emphasis on analyzing legislative intent, the meaning of statutory provisions, and the difficult and contested issues in judicial practice. Online research shows that the book has received high praise among professional readers, with its value reflected in three main aspects. First, its structure is clear and its logic rigorous, following the classic exposition path from basic principles to the constitution of a crime and then to the penal system, making it easy for readers to build a complete body of knowledge. Second, the content does not simply restate mainstream doctrine but incorporates the author's original insights based on long-term research and observation, offering thought-provoking discussion of core issues such as the distinction between criminal intent and negligence, the limits of justifiable defense, and the determination of joint crimes. Finally, the book cites numerous guiding cases and typical precedents from the Supreme People's Court and the Supreme People's Procuratorate, closely linking theory and practice and providing important reference value for understanding how abstract statutory provisions apply in concrete cases. Overall, this is a high-quality read suitable for law students seeking to consolidate their foundations, legal practitioners who need a desk reference, and readers with a deep interest in criminal law who wish to study systematically. The rigor of its exposition and the focus of its questions make it stand out among comparable textbooks and monographs.

Who it's for

A good fit for

Undergraduate and graduate students in law (especially criminal law), for systematic study and deeper understanding
Lawyers, prosecutors, and judges engaged in criminal defense, public prosecution, adjudication, and other legal practice
Candidates preparing for the National Unified Legal Professional Qualification Examination who need in-depth mastery of the General Provisions of criminal law
Readers with a strong interest in criminal law theory and criminal justice practice who wish to go beyond popular introductions and study systematically

Not a good fit for

General leisure readers seeking only sensational or story-driven interpretations of criminal cases
Readers seeking quick access to fragmented legal knowledge points who have no intention of systematic theoretical study

Reading tips

It is recommended to read alongside the original text of the Criminal Law of the People's Republic of China, comparing as you read to deepen understanding of the specific wording of provisions and legislative intent
When reading, pay particular attention to the case commentary sections after each chapter; try first to think through the legal issues involved in a case yourself, then compare your analysis with the author's discussion
For more theoretical chapters (such as the theory of the constitution of a crime), do not insist on fully mastering them in one reading; reread them repeatedly and consult other reference materials for support

About the publisher

Hebei People's Publishing House China · Founded in 1950

Founded in 1950, Hebei People's Publishing House has gradually developed directions in Party and national history, political theory, academic culture, popular reading, and teaching materials, with thematic publishing as a guide. Judging from the 88 titles in the database, its publishing interests span social culture and practical life: historical and regional cultural works such as The Wild Great Wall of China and Currency of the State of Zhao; academic sociological collections such as the 2021 and 2022 Selected Master's Theses in Sociology from Peking University, Tsinghua University, and Renmin University of China; popular health and personal growth titles such as Fundamentals of Yang-Style Tai Chi and My Adolescent Boy; and cultural tourism material such as Yheyuan Garden Guide Words. Authors such as Yang Yueluan, Lu Huilin, Jin Jun, Wen Xiang, and Li Ding provide scholarly support. Overall, the press combines an academic and cultural foundation with popular reading and local cultural dissemination; public information on its specific publishing scale and honors is limited.

版权信息
1．受害人表示不追诉并不影响张某的行为构成犯罪
2．他的行为构成直接故意犯罪
3．李某杀错了人同样构成犯罪
4．打人一巴掌，被判5年刑
5．同样是电死人，为啥结果差别大？
6．祸从口出，言论也能构成犯罪
7．村干部也能构成贪污罪
8．因不能预见的原因造成损害结果并不构成犯罪
9．我国刑法规定的刑事责任年龄是多大？
10．屡次盗窃却为何只被劳教？
11．精神病人在病情发作期间“犯罪”不负刑事责任
12．醉酒的人犯罪依法承担刑事责任
13．聋哑人、盲人犯罪如何承担刑事责任
14．单位也能构成犯罪
15．他的行为是正当防卫吗？
16．她杀了人为何不被追究刑事责任？
17．假想防卫是否负刑事责任？
18．紧急避险不负法律责任
19．她的行为是避险过当吗？
20．不知道自己有性病而卖淫不是犯罪
21．自家人实施安乐死也要承担刑事责任
22．唐某又是非法拘禁，又构成强奸，该咋处罚
23．作了犯罪预备也是犯罪
24．什么是犯罪中止？
25．郝某行为构成犯罪未遂
26．如何认识犯罪既遂
27．不作为也能构成杀人罪
28．见死不救是否构成犯罪？
29．几次三番诈骗厂家终食恶果
30．什么是共同犯罪？
31．两人以上的共同的过失行为不构成共同犯罪
32．对犯罪集团应严惩
33．为骗保费将家人灭口天理难容
34．教唆不满18周岁的人犯罪应从重处罚
35．他们是从犯还是胁从犯？
36．对于胁从犯应当减轻处罚
37．我国刑罚中的主刑主要包括哪些？
38．管制是限制一定自由但不予关押的刑罚方式
39．拘役是短期剥夺人身自由的刑罚
40．有期徒刑和劳动教养有什么区别？
41．被判无期徒刑并不等于无期
42．什么情况下适用死刑缓期执行？
43．流产后的妇女也不应适用死刑
44．犯罪时未满18周岁不适用死刑
45．被判死刑为何要剥夺政治权利终身？
46．一般什么案件中判处罚金？
47．他为何只被判剥夺政治权利？
48．没收财产时应怎样执行？
49．犯罪分子被追究刑事责任，其造成的经济损失是否赔偿？
50．犯罪分子所欠他人债务怎么办？
51．因意外买了赃物，后被公安机关收回，其经济损失应如何挽回？
52．自首是犯罪后的重要出路
53．罪犯供述司法机关未掌握的本人其他罪行，是否是自首？
54．犯罪后有重大立功表现，或许能挽救自己的生命
55．构成累犯的条件是什么？
56．一人犯数罪应该如何判罚？
57．判决宣告后，刑罚执行前发现“漏罪”怎么处罚？
58．在什么条件下可以适用缓刑？
59．被法院判了缓刑的人，还可以回原单位上班吗？
60．被宣告缓刑的犯罪分子还会服刑吗？
61．什么条件下可以适用假释？
62．假释期间重新犯罪如何处理？
63．假释后如有违法行为将被撤销假释并收监执行
64．服刑罪犯表现出色可获减刑
65．超过追诉时效不再追究刑事责任
66．杀人后外逃8年也难逃刑事追诉

FAQ

How does this book differ from criminal law exam-prep books for the judicial examination (legal professional qualification exam)?

This book is a systematic academic monograph and teaching reference that focuses on in-depth, systematic exposition and scholarly discussion of General Provisions theory. Exam-prep books, by contrast, usually aim at passing the exam and focus more on distilling test points, answering techniques, and drills of high-frequency past questions. This book can serve as a foundational reader for consolidating criminal law theory and works best when used alongside exam-prep books.

Are the cases in the book outdated?

Most of the cases cited in the author's discussion are landmark guiding cases and classic precedents intended to illustrate legal principles and application rules that are universal and stable; their legal logic and holdings are not outdated. Of course, readers should note that individual specific conclusions may have developed further with subsequent judicial interpretations or legislative amendments, but the analytical framework and methods the book provides remain highly valuable.

Can readers with no legal background understand this book?

The book assumes readers have some basic legal knowledge. Readers with no legal background at all may find the theoretical sections demanding on a direct reading. Such readers are advised first to read an introductory legal survey or a popular criminal law book to gain a preliminary understanding of basic concepts and frameworks, and then attempt this book, or begin with the sections where cases are concentrated.

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About the author

李靖 Author

Li Jing has eleven works collected in this catalog, spanning military studies, management, computing, law, literary appreciation, and miscellaneous prose, a range that is far from uniform. The military titles attributed to Li Jing include Questions and Replies Between Emperor Taizong of Tang and Li Weigong, Tang Taizong and Li Weigong's Questions and Replies, and A Compiled Edition of Li Weigong's Art of War, all traditional works of military learning, suggesting that he has left traces in the compilation and interpretation of ancient military texts. At the same time, the catalog includes a management practice title, The OKR Coach's Practical Handbook, and a computing title, Selenium 3 + Python 3 Automated Testing Project Practice: From Beginner to Expert, as well as works on law and workplace topics such as Criminal Law: General Provisions and Interview Techniques Interviewers Won't Tell You. Because public information is limited, the author's life, nationality, and dates of birth and death cannot be confirmed; the available information only shows that his works cross ancient and modern subjects and combine practical and documentary interests, allowing readers to understand the scope and distribution of his writing.