Among all legal disciplines, criminal law can be said to be one of the disciplines that most tests the ability to summarize facts, logic, language, mathematics and the sense of justice. Cases that happen in life are far more complicated than we imagine. Whether any legal provisions apply and which legal provisions apply cannot be simply copied. It requires analysis and reasoning in specific cases to make accurate judgments. The knowledge of criminal law is something that every reader who is interested in law should know. "Lecture Notes on Criminal Law by Zhang Mingkai" is such a good book that teaches through examples.
The author of this book, Professor Zhang Mingkai, was born in July 1959 and graduated from Zhongnan University of Economics and Law in 1982. Obtained a master's degree in 1985 and stayed at the school to teach. He also serves as a professor and doctoral supervisor at the Central South University of Political Science and Law. Transferred to Tsinghua University in February 1998. He mainly studies criminal law, and the textbook "Criminal Law" he edited has been updated to the sixth edition. It has deeply influenced many generations of law students. This "Lecture Notes on Criminal Law" comes from the lecture "100 Lectures on Criminal Law" given by Teacher Zhang. Through 100 vivid cases, it introduces the knowledge of criminal law that we are concerned about. It is a good introductory book on criminal law.
What attracts me is the relationship between the coexistence of legal provisions and the coexistence of imagination. For example, the relationship between the crime of fraud and the crime of using counterfeit currency. An interesting example is that A celebrated his child’s birthday, and B gave A 10,000 yuan in counterfeit currency. Will this behavior constitute a crime of fraud? From a formal point of view, legal conflict and imaginary conflict should be distinguished based on whether there is an inclusive or cross-relationship between norms. There is no need to consider facts when it comes to conflicting legal provisions, only whether there is inclusiveness or cross-relationship between the expressions of the legal provisions. The relationship between legal provisions is an inevitable intersection or inclusive relationship between legal provisions and has nothing to do with facts. Whether it is actually a conflict of laws requires further judgment based on substantive standards. Imagining competition requires considering the facts. The conflict of imagination and conflict of law should be distinguished from the scope of infringement of legal interests. An act that constitutes a conflict of legal provisions infringes upon one legal interest, while an act that constitutes an imaginary conflict infringes upon multiple legal interests. One act infringes two crimes with different protective legal interests, and there is imaginary competition between the two.
When dealing with conflicting legal provisions, any action that complies with special legal provisions must meet the constituent requirements of common legal provisions. Our country's criminal law stipulates three situations of conflicting legal provisions: one is a closed privilege clause; second, the sentencing of special legal provisions is consistent with that of common law; and third, the statutory penalty of common law is heavier than that of special law. Where applicable, heavy laws should be used over light laws. From this we can see the complex relationship between competing laws and imaginary laws.
Through reading, I have a preliminary understanding of the relationship between the two types of competition and cooperation. Several complex legal concepts were explained in a simple and in-depth manner under Teacher Zhang's explanation. When discussing issues in criminal law, we must keep in mind the abnormal and rare situations in our daily lives, treat abnormal cases as the usual objects of our research, and treat rare cases as the most obtained results of our research. Only in this way can we carry out fruitful research. This informative lecture on criminal law is a good legal textbook as well as a good thinking textbook. By studying this book, we can cultivate our rigorous thinking mode, use logic to solve complex problems, and use wisdom to pursue fairness and justice. This may be the point of this book.