The Fundamental Issues upon Criminal Law Theories

This book mainly adopts the theoretical analysis approach for the argument regarding issues in criminal law. As one of the most influential scholars in criminal law research in China, with his profound knowledge and experiences in criminal law research, the author Professor Mingkai Zhang, has made in-depth argument demonstrating matters in the field, covering the basis of illegality and culpability, the prior act of criminal omission, the illustration of Lehre Vonder Objektive Zurechnung (causation and results imputation), behavioral utilitarianism, defense by accident, risk assumption, specific method errors, anticipated possibility, discontinuation of crime, joint crimes, and concurrence. In this way, the book makes an effort in building critical and distinguished theses of the aforementioned domains. Legal scholars who do research concerning criminal law, law school students who have some previous understanding of criminal law, practitioners who seek for further academic support can find it's beneficial to read the book since the utmost and latest theoretical results of criminal law research in current China are provided here. To be mentioned, the most outstanding features of this book are its theory-orientated argumentation and critical-characterized thinking logics, based on such efforts and on the literature references linking to the pioneers in other civil law countries, audience can be better equipped with the comprehension on criminal law issues.

The first English collection of academic articles of criminal law theory of China The exhaustive and critical discussion of rule of law upon the field of criminal law The most important academic articles of Professor Mingkai Zhang in last two decades

Autorentext

Professor Mingkai Zhang is one of the most influential scholars in criminal law research in China, and he currently is the Vice President of Chinese Association of Criminal Law, Vice President of China Association of Police Law, the member of Advisory Committee of the Supreme People's Procuratorate of the People's Republic of China, the special invited researcher of the Association of International Criminal Law of RENMIN University of China, the member of guiding group of Doctoral Program of Criminal Law of Peking University, the adjunct professor of National Judges College, the adjunct professor of National Prosecutors College of P.R.C, the director and professor of the Zhongnan University of Economics and Law, the visiting research of the University of Tokyo, the visiting research professor of Tokyo Metropolitan University, the advanced visiting scholar of University of Bonn, the associated dean of School of Law of Tsinghua University, the Deputy Director of the eighth Prosecutor's Office of the Supreme People's Procuratorate of the People's Republic of China, Vice President of the People's Procuratorate of Xicheng District of Beijing Municipality.

Inhalt

The Pillar of the Theoretical System of Crime.- Criminal Omission through Creation of Dangerous Situations.- Causation and Ojective Attribution.- Theory of Wrongdoing from the Perspective of Behavioral Utilitarianism.- Basic Nature of Defense by Accident.- Basic Legal Principles of Risk Assumption.- How to Dealing with Specific Method Mistake.- Jurisprudence of Reasonableness.- The Legal Nature of Abandonment of Crime.- The Identification of Joint Crime.- Legal Concurrence and Ideal Concurrence.