Abstract
The function and role of legal precedent is evident. During the development process of customary law to statute law, the legal precedent plays the role of experience summary; as the statute law develops and improves, the legal precedent is usually the origin and prelude of law reform. Although legal precedent system is not practiced in China today, the compilation, release and study on typical cases play an important role in guiding administration of justice and improving legislation. In recent years, the circle of the theory of criminal law has taken an active part in the organization and research on cases and has compiled and published dozens of books on case study, which played an important role in scientifically understanding, applying criminal law, improving the quality of administration of justice and even improving legislation.
In this set of books, the author strives to embody the following characteristics: First, the case selected has to be authentic, typical and difficult so that the results of case study can offer reference in practice; second, the case introduction and judgment have to be comprehensive and accurate so that readers can have a full picture of the case characteristics and key issues; third, the theory review is precise, appropriate, concise and makes it convenient for the judicial practice to play the role of example and reference. In addition, to facilitate understanding and research of readers, this book sets relevant links after each questions, records laws, regulations, judicial interpretation and guiding opinion, reference cases related to the questions.
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How to distinguish the boundary between unit crime and natural person crime in general goods and item crime?
- CAO Yi The case of general goods and items
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Does object in rare animal products include non-wild endangered species products?
-LI Xiniu, WEN Shanqi, YI Guang The case of rare animal products, illegal transportation and sales of rare and endangered wild animal products
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How to deal with cognition error in rare animal products crime?
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Contents
1. How should we distinguish the boundary between organizational crime and natural person crime in the crime of smuggling ordinary goods and articles?
--"Case of CAO Yi’s Smuggling of Ordinary Goods and Articles”
2. Do the objects of the crime of smuggling rare animal products include the on-wild endangered animal products as well?
--“Case of LI Xiniu, WEN Shanqi, YI Guangzhen’s Smuggling of Rare Animals and Illegal Transportation and Sales of Rare Endangered Wild Animals”
3. How should the cognitive mistakes be handled in the crime of smuggling rare animal products?
--“Drug Smuggling Case of Biqia Yagelong, Minba Hadu Jiali, LI Changquan, etc.”
4. How should the supervisor and directly responsible person be identified in the organizational smuggling crime?
--“Case of Smuggling Ordinary Goods and Articles of Zhaoqing Zhaogang Passenger Joint Operation Co., Ltd., WU Zhuoliang, GAN Qiyuan, etc.”
5. How should the behavior of falsifying registered capitals of company’s general manager in taking full charge of industrial and commercial registration be judged?
--“Case of YU Xia’s Falsification of Registered Capitals”
6. How should the directly responsible person in the crime of falsifying financial reports be judged?
--“Case of Providing Falsified Financial Reports by DONG Bo, etc. ”
7. How should the behavior of the staff’s “embezzlement” of loans in state-owned enterprises be judged?
--“Case of FU Ling’s Crime of Enterprise Staff Crime”
8. How should the behavior of enterprise staff’s claim and bribe-taking behavior be confirmed?
--“Case of Enterprise Staff YANG Zhihua’s Crime of Bribe-taking”
9. How should arbitrary disposal of company’s inventory assets during internal liquidation be judged?
--“Case of SHEN Weiguo’s Embezzlement of Funds and Obstruction of Liquidation”
10. How should the behavior of receiving the falsified draft as the consideration in automotive sales be judged?
--“Case of CHEN Guoqiang’s Negligence in Contract Signing and Performance”
11. How should the behavior of the deputy minister of the operation department of a joint venture to establish a company in the name of family member to sell products from the joint venture be judged?
--“Case of YANG Wenkang’s Illegal Operation of the Company’s Business”
12. How should the accomplishment and non-accomplishment of the crime of counterfeit coin be judged?
--“Case of Coin Counterfeit by TANG Fangjun, etc.”
13. Should the behavior of not preventing others from purchasing something but using it after the purchase be constituted the joint defense?
--“Case of JIANG Changyuan’s Purchase”
14. How should the boundary between the crime of purchasing and the crime of holding be distinguished?
--“Case of HUANG Shiguo’s Holding”
15. How should the behavior under investigation traps be judged?
--“Case of LIANG Shengjin and DING Yu’e”
16. Should the crime of transporting and counterfeiting national coins be targeted at making profits?
--“Case of ZHANG Jiquan’s Transport and Counterfeiting of Coins”
17. How should the behavior of non-profit illegal purchase be judged?
--“Case of Selling and Purchase of CAI Shaoqun, etc.”
18. How should the behavior of offsetting loans be judged?
--“Case of Selling, Holding and Use of WU Zhenxing, etc.”
19. How should the behavior of being arrested after just starting use be judged?
--“Case of YE Jiejun’s Holding”
20. How should the boundary between the crime of arbitrarily setting up the financial institution and the crime of illegally absorbing public savings be distinguished?
--“Case of LI Xiaoguang’s Arbitrary Setting of the Financial Institution”
21. How should the scope of objects for the crime of illegally absorbing public savings be defined?
--“Case of Illegal Absorption of Public Savings by the Longgang Town Chipu Village Committee, ZHAO Dianfei, etc.”
22. How should the objective behavior and subjective behavior in the crime of illegally absorbing public savings be defined?
--“Case of Illegal Absorption of Public Savings by ZHANG Dun’en, etc.”
23. How should the crime of helping others to steal the client’s credit card information be defined?
--“Case of Financial Bills by WANG Quntao, etc.”
24. How should the subject of the crime of insider transaction be judged?
--“Case of Insider Transaction and Leakage of Insider Information by YE Huanbao, etc.”
25. What are the differences between the crime of falsifying and spreading securities and futures trading information and the crime of manipulating the securities trading price?
--“Case of LI Dingxing’s Falsification and Spread of Securities Trading Information”
26. How should the behavior and purpose of manipulating the securities trading price be identified?
--“Case of ZHAO Zhe’s Manipulation of Securities Trading Price”
27. How should the subjective constituents of the crime of interbank lending by illegally using the off-balance client’s funds be defined?
--“Case of Illegal Use of the Off-balance Client’s Funds for Inter-bank Lending by ZHANG Haiyan, etc.”
28. How should the boundary between the behavior of illegally issuing financial bills as a crime and non-crime be defined?
--“Case of Verdict of Credit Fraud by MO Jing, etc. and Illegal Issuance of Financial Bills by HUANG Yonggang as Non-crime”
29. How should the behavior of using falsified bills in others’ identity before the announcement of criminal penalty be judged?
--“Bill Case of DONG Chengyu”
30. Does the behavior of stealing depositors’ materials to make the savings card to withdraw money constitute the crime of financial bills?
--“Financial Bill Case of MA Qiu, etc.”
31. How should the behavior of using falsified financial vouchers be judged?
--“Financial Voucher Case of CAO Yasha and LIU Jinxiang”
32. Does the behavior of simulating securities trade to obtain investors’ funds constitute any crime?
--“Case of Investment Falsification by LI Wen, etc.”
33. Does the behavior of withdrawing loans constitute the crime of loans?
--“Case of Charge against ZHANG Fushun for the Crime of Loans to be Announced as Non-crime”
34. Does the behavior of using the falsified property certificate for loans constitute the crime of loans or the crime of contract?
--“Loan Case of CHENG Yuquan and ZHOU Zhenrong”
35. How should the behavior of malicious overdraft of the credit card in the name of the organization be judged?
--“Credit Card Case of YANG Rui”
36. Does the behavior of falsifying bank bonds to withdraw bank funds constitute the crime of negotiable securities?
--“Negotiable Securities of TU Xujie and LI Guizai”
37. Does the organization’s behavior of ex-post insurance constitute the crime of insurance?
--“Insurance Case of a Shipping Operation Department, etc.”
38. How should the behavior of setting up two sets of accounts and paying taxes below the required be judged?
--“Appeal Case of ZHANG Lechang’s Crime of Tax Evasion”
39. How should the non-profit enterprise’s issuance of partial assets to collect management fees and enjoy the national preferential policy of tax reduction and exemption be judged?
40. How should the behavior of refusal to pay taxes in case of tax personnel’s reckless tax levitation be judged?
--“Case of Verdict of ZHAO Yuan’s Refusal to Pay Taxes as Non-crime”
41. How should the behavior of asking others to issuing VAT special invoices be defined?
--“Case of YU Guosheng’s Falsification of VAT Special Invoices for Others”
42. How should the behavior of falsifying VAT special invoices to acquire the national export rebates be judged?
--“Case of CAI Weiting’s Acquisition of Export Rebates”
43. How should the behavior of falsifying transport invoices for others and buying transport invoices for oneself to falsify tax declaration be judged?
--“Case of Falsification of Invoices to Offset and Evade Taxes by Shanghai Hangtong Shipping Co., Ltd., Baoshan Civil Construction Line Pipe Installation Team, TANG Yi and HUANG Xinxiang”
44. How should the crime of falsifying registered trademarks, the crime of selling products with falsified registered trademarks, and the crime of selling shoddy products be judged?
--“Case of Registered Trademark Falsification by HUANG Weijin, etc.”
45. How should the crime of falsifying registered trademarks and the crime of illegal operation be judged?
--“Case of GUO Rong’s Illegal Operation and Falsification of Registered Trademarks”
46. How should the illegal operating amount in the crime of falsifying registered trademarks be identified?
--“Case of Registered Trademark Falsification by ZHANG Wanping, etc.”
47. How should “others” in the crime of illegally manufacturing registered trademarks be identified?
--“Case of ZHANG Hongwei’s Crime of Falsifying Stamps and Registered Trademarks”
48. Should the behavior of illegally using others’ trademarks be defined as the crime of counterfeit?
--“Falsification Case of ZHOU Xiaobo”
49. How should the crime of infringing the copyright and the crime of selling illegal duplicates be judged?
--“Case of GE Quanwei’s Invasion of Copyrights”
50. How should the principle of law applicability be adopted in judging the crime of selling duplicates infringing others’ rights and the crime of illegal operation?
--“Illegal Operation Case of GU Ran, etc.”
51. How should the incriminating plots in the crime of copyright infringement be judged?
--“Copyright Infringement Case of Hunan University Financial and Tax Distance Education Center”
52. How should the amount of illegal operation in the crime of copyright infringement be judged?
--“Copyright Infringement Case of LI Weiwei, etc.”
53. What is the definition of “illegally acquired amount” in the crime of copyright infringement?
--“Copyright Infringement Case of WANG Hongxing and ZHAO Kun”
54. How should the “business secret” in the crime of violating business secrets be defined?
--“Case of Business Secret Violation of MA Changgen, MA Guoqing, LI Guogang, and YUAN Yonglin”
55. Should technological information be defined as the business secret in the crime of business secret violation?
--“Case of Business Secret Violation of FANG Shunlong, LIN Yaozhang, XIANG Xiaoxiang, HUANG Yingzhong, LI Qibing, and LI Rurun”
56. How should “major economic losses” in the crime of business secret violation be defined?
--“Case of Business Secret Violation by ZHU Jiahui, etc.”
57. How should non-direct bidder’s behavior of bid-rigging via violation and other means be judged?
--“Case of Big-rigging by XU Shuhua, etc.”
58. What is the boundary between the contract and economic contract dispute and their difference from contract fraud?
--“Contract Fraud Case of LI Qingji”
59. How should the behavior of failing to perform the economic contract after prepaying small-amount contracted pledge and acquiring the prepayment from the counterpart be judged?
--“Case of Verdict of LIAO Guowan’s Breach of Contract as Non-crime”
60. How should the behavior of phone fraud of the counterpart’s supply of goods be judged?
--Contract Fraud Case of BIAN Guangdou, etc.
61. How should the behavior of using other’s huge amount of funds to operate cottons which are restricted from circulation by the national government be judged?
--“Case of YU Jun’s Illegal Operation”
62. How should the behavior of illegal operation for the organization by illegal means be judged?
--“Case of WANG Dajiang’s Illegal Operation”
63. How should the behavior of illegally printing and selling Dharma-cakra books?
--“Illegal Operation Case of TAN Min, etc.”
64. How should the behavior of falsifying postage stamps for sales be judged?
--“Case of Falsifying Negotiable Bills”
65. How should the behavior of violence and robbery to force the counterpart to pay the contract deposit be judged?
66. How should the behavior of entrusting the copies with the audit verification paper is stamped to the client be judged?
--“Case of Verdict of ZHANG Changxiang and other Intermediaries Controlled to Issue Certifying Documents to Cause Major Falsifications as Non-crime