Practical Criminal Law Commentary (Third Edition) cover

Practical Criminal Law Commentary (Third Edition)

Rating 4.3
Word count
2M words
Chapters
61
ISBN
9787301361320

Tags

Summary

It has been a year since the second edition of Annotations on Practical Criminal Law was published in January 2024. Over the past year or more, China's criminal justice norms have been significantly updated: the Supreme People's Court and the Supreme People's Procuratorate, together with relevant departments, have issued several new judicial interpretations, normative documents, and guiding cases, all concerning the application of criminal law provisions. As a result, the second edition can no longer fully meet the needs of criminal justice practice, making a third edition inevitable. The third edition supplements all criminal law provisions and judicial rules (also adding individual previously omitted relevant provisions and normative documents), makes necessary technical adjustments to connect the original rules, clarifies the hierarchy of rules for quick reference, and at the same time adds a section on reference cases from the case database and selected answers from the Legal Q&A Network and Procuratorial Q&A Network, supplements replies and letters on legal application issues and new case rules from the Criminal Trial Reference (up to volume 41, case No. 623), and compiles and includes relevant content from the Guide to the Trial of Duty-Related Crimes (Volume 2), further systematically improving the rule system for the application of criminal law. After these revisions, the length of the third edition has increased slightly (by about 100,000 characters), accurately reflecting the current state of China's criminal law and its application rules.

Editor's review

This book is a criminal law reference work oriented toward criminal justice practice; the third edition builds on the second with systematic supplementation and updating. Its value lies in integrating criminal law provisions with application rules scattered across judicial interpretations, normative documents, guiding cases, and reply letters into a single system, and clarifying the hierarchy of rules according to the provisions to which they belong, reducing the cost of searching during practice. This edition adds reference cases from the case database, answers from the Legal Q&A Network and Procuratorial Q&A Network, replies and letters on legal application issues, and new case rules from the Criminal Trial Reference, and includes relevant content from the Guide to the Trial of Duty-Related Crimes, bringing rule coverage closer to current judicial practice. It is not intended to be read straight through like a textbook, but is better used as a reference tool in case handling and research, checking rules and cases layer by layer through the provision index when specific provision disputes arise. Readers who need to track dynamic changes in criminal law application rules should pay particular attention to the supplemented parts.

Who it's for

A good fit for

  • Legal practitioners engaged in criminal defense, prosecution, and adjudication who need to quickly search applicable rules by provision
  • Graduate students and young teachers of criminal law who need to understand the system of judicial interpretations and case rules corresponding to provisions
  • Corporate legal counsel and compliance personnel who need to assess the boundaries of criminal risk against criminal law provisions
  • Readers preparing for the legal professional qualification examination or graduate studies in criminal law, as auxiliary material for organizing rules

Not a good fit for

  • Beginners seeking a systematic study of the basic theories of the general and specific parts of criminal law; this book does not focus on theoretical exposition
  • Ordinary readers who only need to understand common criminal law knowledge; this book is too voluminous and professionally dense
  • Readers who prefer continuous reading and do not accept the reference-book mode of consultation

Reading tips

  1. First read the preface and revision notes of the third edition to understand the scope of supplementation and the treatment of rule hierarchy in this edition, then proceed to provision lookup
  2. Use a specific case or disputed provision as the entry point, and check judicial interpretations, reply letters, and case rules in order through the provision index
  3. Take separate notes on the newly added reference cases from the case database and answers from the Legal Q&A Network and Procuratorial Q&A Network for easy comparison with the old edition
  4. When encountering rule conflicts in practice, pay attention to how this book connects the hierarchy of rules and trace back to the original normative documents for verification

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.

Contents

  1. 版权信息
  2. 《实务刑法评注》使用指南
  3. 配套公众号使用指南
  4. 中华人民共和国刑法
  5. 第一编 总则
  6. 第一章 刑法的任务、基本原则和适用范围
  7. 第二章 犯罪
  8. 第二节 犯罪的预备、未遂和中止
  9. 第三节 共同犯罪
  10. 第四节 单位犯罪
  11. 第三章 刑罚
  12. 第一节 刑罚的种类
  13. 第二节 管制
  14. 第三节 拘役
  15. 第四节 有期徒刑、无期徒刑
  16. 第五节 死刑
  17. 第六节 罚金
  18. 第七节 剥夺政治权利
  19. 第八节 没收财产
  20. 第四章 刑罚的具体运用
  21. 第一节 量刑
  22. 第二节 累犯
  23. 第三节 自首和立功
  24. 第四节 数罪并罚
  25. 第五节 缓刑
  26. 第六节 减刑
  27. 第七节 假释
  28. 第八节 时效
  29. 第五章 其他规定
  30. 第二编 分则
  31. 第一章 危害国家安全罪
  32. 第二章 危害公共安全罪
  33. 第三章 破坏社会主义市场经济秩序罪
  34. 第一节 生产、销售伪劣商品罪
  35. 第二节 走私罪
  36. 第三节 妨害对公司、企业的管理秩序罪
  37. 第四节 破坏金融管理秩序罪
  38. 第五节 金融诈骗罪
  39. 第六节 危害税收征管罪
  40. 第七节 侵犯知识产权罪
  41. 第八节 扰乱市场秩序罪
  42. 第四章 侵犯公民人身权利、民主权利罪
  43. 第五章 侵犯财产罪
  44. 第六章 妨害社会管理秩序罪
  45. 第二节 妨害司法罪
  46. 第三节 妨害国(边)境管理罪
  47. 第四节 妨害文物管理罪
  48. 第五节 危害公共卫生罪
  49. 第六节 破坏环境资源保护罪
  50. 第七节 走私、贩卖、运输、制造毒品罪
  51. 第八节 组织、强迫、引诱、容留、介绍卖淫罪
  52. 第九节 制作、贩卖、传播淫秽物品罪
  53. 第七章 危害国防利益罪
  54. 第八章 贪污贿赂罪
  55. 第九章 渎职罪
  56. 第十章 军人违反职责罪
  57. 附则
  58. 附录
  59. 附录一
  60. 附录二 刑法立法、司法解释及相关文件总目录
  61. 附录三 重印修订增补内容

FAQ

What main content does the third edition add compared with the second edition?
According to the revision notes, the third edition supplements all criminal law provisions and judicial rules and adds individual previously omitted provisions and normative documents; it adds selected reference cases from the case database, selected answers from the Legal Q&A Network and Procuratorial Q&A Network, replies and letters on legal application issues, and new case rules from the Criminal Trial Reference, and includes relevant content from Volume 2 of the Guide to the Trial of Duty-Related Crimes, increasing the length by about 100,000 characters.
Is this book suitable for reading straight through from beginning to end?
Not very. This book is positioned as a practical commentary reference work, organized by criminal law provisions and layered with judicial interpretations, replies, and case rules, so reading it straight through is inefficient. A more suitable approach is to consult it around specific provisions or case disputes and compare the relevant rules and cases.
Is it meaningful for legal professionals not in criminal practice to read this book?
It has some reference value, especially in civil, commercial, and administrative legal scenarios where it is necessary to judge whether certain conduct touches the criminal boundary. However, this book does not teach basic criminal law theory; without a foundation in the general part of criminal law, readers may find it difficult to grasp the application logic behind the rules when consulting it, so it is advisable to use it together with a textbook.

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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.

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