Research On Disputes Of Article306of Criminal Law

As one of the new provisions of the criminal law of1997, controversies surroundsthe question of the article306of the criminal law never goes away from theestablishment date to this day, and the voice that calls for the abolition of this articlehas never weakened. Especially the “Li Zhuang case” and the incident about fourlawyers’ arrest in Beihai, Guangxi province(four lawyers were arrested on suspicion ofviolating the article306of the criminal law) that occurred in recent years, brought thearticle306of the criminal law to public attention once again, problems exposed in lawtheory and judicial practice demanding prompt solution. This thesis is precisely cutsinto by analyzing disputed problems associated with the article306of the criminal law,dismiss the views of abolitionist, draw a clear distinction between the article306of thecriminal law and the adjoining provisions, clarify the situation since theimplementation of the article306of the criminal law, point out that we should gain asystemic and comprehensive understanding of the detail contents from the angle of thecombination of substantive and procedural criminal law, and propose specificsuggestions about improving the special judicial procedures of investigating thecriminal responsibility of the crime.This thesis includes four sectors. To start with its legislation background, the firstpart expounds the origins of the article306of the criminal law and the practicalsignificance of including this article, then points out problems that arise from theimplementation of the article306of the criminal law both in theory and practice.The second part analyses disputed problems associated with the article306of thecriminal law from a macro point of view, further clarifies the definition and distinctionbetween the article306and other related articles of the criminal law on a basis ofrefuting the abolitionists’ arguments, and establishes the disputes over the article306of the criminal law with a certain data and information, elaborates the rationality andpracticability of the article306of the criminal law.The third part explains the specific meaning of legal provisions in combinationwith domestic scholars’ viewpoint of object of action、behavior patterns、criterion ofestablishment, explains the article306of the criminal law under the principle ofsystematic and comprehensive, and expounds the criterion of crime, resolve the disputeover whether the article306of the criminal law is behavioral offense or consequential offense.The fourth part of this thesis from the perspective of judicial implementation, putsforward measures for prosecuting erroneously decided cases relating to violation of thearticle306of the criminal law on the one hand, and proposes the crime establishstandard and corresponding procedural measures which is based on protecting lawsfrom being abused in order to guarantee the correct implementation of the article306of the criminal law on the other.