Practical Criminal Law Commentary (2nd Edition)

Name: Practical Criminal Law Commentary (2nd Edition)
ISBN: 9787301347843

喻海松Peking University Press · ChinaJun 2025

4.4

Word count: 1.8M words
Chapters: 66
ISBN: 9787301347843

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Summary

It has been more than a year since the Practical Criminal Law Commentary was published in August 2022. Over the past year or so, China's criminal law legislation and judicial policy have both seen "major moves," and the Criminal Law Amendment (XII) was formally adopted in December 2023, making a revised second edition inevitable. The second edition supplements all the latest criminal law provisions and judicial rules, makes necessary technical adjustments to the original rules for coherence, clarifies the hierarchy of rules for quick reference; at the same time, it supplements replies and letters on legal application issues, compiles the new case rules added to the Criminal Trial Reference, sorts out and includes relevant content from the Guiding Cases on Duty Crime Trials, and further improves the rules at the non-normative level. With these revisions, the second edition has slightly expanded in length and can accurately reflect the latest appearance of China's criminal law and its applicable rules.

The Practical Criminal Law Commentary (Second Edition) strives to be a criminal law reference book with a point of view: an attitude is needed to accurately apply statutory provisions, an attitude is needed to effectively resolve practical difficulties, an attitude is needed to properly coordinate the connection of rules, and an attitude is needed to appropriately select among existing rules. To deepen the grasp of criminal law provisions and their applicable rules and facilitate the handling of related criminal cases, the author takes a clear stance on issues that need to be resolved wherever possible, which helps practitioners improve the acceptability of their reasoning and conclusions.

Editor's review

The Practical Criminal Law Commentary (2nd Edition) continues the first edition's positioning as a "reference book with a point of view" and has been fully updated after the adoption of the Criminal Law Amendment (XII). The book's distinctive feature is not textbook-style systematic exposition, but rather the hierarchical arrangement around criminal law provisions of normative legislative provisions together with non-normative materials such as judicial rules, replies and letters on legal application, and case rules from the Criminal Trial Reference, making it easy for readers to locate materials quickly. The second edition makes technical adjustments to the connection of rules and clarifies hierarchical relationships, bringing the content closer to the actual needs of current criminal case handling. The author takes a clear stance on key issues wherever possible, helping readers understand the controversies and choices in applying provisions. This book is suitable as a desk reference for criminal case handlers, corporate legal counsel, and criminal law students, especially for consultation and comparison when encountering difficulties in applying specific provisions. Readers should note that the book excels at organizing practical rules and should not replace systematic criminal law textbooks or academic monographs.

Who it's for

A good fit for

Criminal judges, prosecutors, lawyers, and other case handlers who need to quickly consult rules on the application of provisions
Corporate legal counsel and compliance personnel who need to understand the latest changes in criminal law provisions and judicial rules
Graduate students and researchers in criminal law concerned with the hierarchical connection between norms and judicial rules
Those preparing for the legal professional qualification examination who can use it as an auxiliary reference on the application of provisions

Not a good fit for

Absolute beginners: the book is difficult to use effectively without a basic framework of the general and specific parts of criminal law
Readers who only need a systematic overview of criminal law theory: the book does not focus on doctrinal exposition
General readers seeking case stories or popular legal education: the book is oriented toward rules and reference use

Reading tips

Read the preface to the second edition and the notes on arrangement first to understand the hierarchy of rules and the scope of additions, then consult by provision
Locate and consult based on specific provision-application questions in case handling or study; it is not necessary to read from beginning to end
For provisions involving the Criminal Law Amendment (XII), compare old and new rules and take notes
When consulting case rules, note the sources for later verification and citation

About the publisher

Peking University Press China · Founded in 1979

Peking University Press is a comprehensive university press whose publishing areas cover classical literature, popular science, social culture, world history, Western philosophy, and culture. Its catalogue contains 6,031 titles, with representative books including A Dream of Red Mansions, Relativity: The Special and General Theory (15th Edition) (with Einstein's classic papers on unified field theory and other topics), Elements, Conics, The Aristocratic Families of the Eastern Jin, The Philosophy of Mythology (Volume I), The Philosophy of Mythology (Volume II), and The Origin of Continents and Oceans. Representative authors include Cao Xueqin, Zhou Ruchang, Albert Einstein, Euclid, Apollonius, Tian Yuqing, Schelling, and Xian Gang. The press has developed distinctive strengths in classical Chinese literature and in the translation of Western philosophical classics, while also covering scientific classics and social and cultural studies. As public information is limited, this description is based only on the books in the catalogue and offers no further extrapolation.

版权信息
做一部有态度的刑法工具书（第二版引言）
《实务刑法评注》使用指南
中华人民共和国刑法
第一编总则
第一章刑法的任务、基本原则和适用范围
第二章犯罪
第一节犯罪和刑事责任
第二节犯罪的预备、未遂和中止
第三节共同犯罪
第四节单位犯罪
第三章刑罚
第一节刑罚的种类
第二节管制
第三节拘役
第四节有期徒刑、无期徒刑
第五节死刑
第六节罚金
第七节剥夺政治权利
第八节没收财产
第四章刑罚的具体运用
第一节量刑
第二节累犯
第三节自首和立功
第四节数罪并罚
第五节缓刑
第六节减刑
第七节假释
第八节时效
第五章其他规定
第二编分则
第一章危害国家安全罪
第二章危害公共安全罪
第三章破坏社会主义市场经济秩序罪
第一节生产、销售伪劣商品罪
第二节走私罪
第三节妨害对公司、企业的管理秩序罪
第四节破坏金融管理秩序罪
第五节金融诈骗罪
第六节危害税收征管罪
第七节侵犯知识产权罪
第八节扰乱市场秩序罪
第四章侵犯公民人身权利、民主权利罪
第五章侵犯财产罪
第六章妨害社会管理秩序罪
第一节扰乱公共秩序罪
第二节妨害司法罪
第三节妨害国(边)境管理罪
第四节妨害文物管理罪
第五节危害公共卫生罪
第六节破坏环境资源保护罪
第七节走私、贩卖、运输、制造毒品罪
第八节组织、强迫、引诱、容留、介绍卖淫罪
第九节制作、贩卖、传播淫秽物品罪
第七章危害国防利益罪
第八章贪污贿赂罪
第九章渎职罪
第十章军人违反职责罪
附则
附录
附录一
《全国人民代表大会常务委员会关于修改部分法律的决定》
《全国人民代表大会常务委员会关于特赦部分服刑罪犯的决定》
《全国人民代表大会常务委员会关于在中华人民共和国成立七十周年之际对部分服刑罪犯予以特赦的决定》
《中华人民共和国香港特别行政区维护国家安全法》
附录二刑法立法、司法解释及相关文件总目录

FAQ

What are the main updates in the second edition compared with the first edition?

The second edition supplements all the latest criminal law provisions and judicial rules, incorporates content related to the Criminal Law Amendment (XII), and makes technical adjustments to the original rules for coherence, clarifying the hierarchy of rules. It also supplements replies and letters on legal application issues, compiles the new case rules added to the Criminal Trial Reference, and sorts out and includes relevant content from the Guiding Cases on Duty Crime Trials, further improving the rules at the non-normative level.

Is this book suitable for reading from beginning to end?

The book is positioned as a practical reference work, arranged primarily for consultation by provision and for locating rules; reading it straight through is not efficient. It is more advisable to consult it as needed in connection with specific provision-application questions and, when encountering difficulties, to compare items one by one across the hierarchy of normative and non-normative rules, so as to make the most of its reference value.

How does this book differ from a criminal law textbook?

Criminal law textbooks focus on theoretical systems and doctrinal exposition, whereas this book focuses on organizing, around provisions, legislative norms, judicial rules, replies and letters, and case rules, and takes a stance on issues that need to be resolved. The two serve different functions; this book is suitable as a desk reference for the application of provisions and should not replace systematic textbook study.

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About the author

喻海松 Author

Yu Haisong is a Chinese author of legal-practice books, about whom limited public information is available. Judging from the three works included in the library, his writing centers on criminal-law practice and the understanding and application of judicial interpretations. These works include the second and third editions of Practical Commentary on Criminal Law and a related work on the Understanding and Application of the Judicial Interpretation by the Supreme People's Court and the Supreme People's Procuratorate on the Crime of Infringing Citizens' Personal Information. His topics lean toward practical operation and article-by-article commentary, combining criminal-law provisions, judicial interpretations and concrete application issues, and are aimed at judges, prosecutors, lawyers and other legal practitioners as well as students of law. The commentary's updated editions reflect the author's continued attention to developments in criminal-law practice, while the work on the judicial interpretation concerning personal information shows his focus on the judicial application of specific and emerging offenses. Overall, his works are practice-oriented, clearly structured and of some reference value.