Project Stars, let’s talk about things like "very handcuffed" and "I think punishment" …
Original Zhang Shijun Shashi District People’s Court
In order to further improve the level of revolutionization, regularization, specialization and professionalization of the court team, the "Star Project" of Shashi District People’s Court is in full swing this year …

On the afternoon of July 14th, the People’s Court of Shashi District held the fifth lecture hall for judges of the "Stars Project", which was given by the judges of the criminal trial court. Judges and assistant judges of the whole hospital attended this lecture hall for judges. Wan Qian, director of the Rule of Law Section of Shashi Branch of Jingzhou Public Security Bureau, Jiang Qin, director of the Public Prosecution Department of Shashi District People’s Procuratorate, and police representatives from relevant units were specially invited to attend.

During the lecture, Cao Xuhua, vice president of the criminal trial court, and Zhang Zhihao, vice president of Jiefang Road People’s Court, respectively shared the themes of "Rethinking the General Theory of Criminal Law" and "Interpretation of the Minutes of the National Conference on Drug Cases Trial". The teaching content includes both theoretical knowledge and typical cases. It is rich in content, close to practice, and has strong pertinence, guidance and practicality.

Shared by:
Cao Xuhua, Vice President of Criminal Court
General introduction and thinking of relearning criminal law
The traditional "four elements theory" in criminal law includes the object of crime, the objective aspect of crime and the subjective aspect of crime. Generally speaking, the object of crime and the objective aspect of crime are objective hazards; The subject of crime and the subjective aspect of crime refer to subjective malignancy. The structure of crime is actually the sum of objective harm and subjective malignancy, which is social harm. As long as the social harm reaches a certain level, a crime can be established.
On the other hand, the stratum theory holds that the structure of crime is "illegality" and "responsibility" "Illegality" is an infringement of legal interests and the essence of crime. It can’t be a crime without infringing on legal interests. The legal interest here refers to the legal interest of others, not including one’s own. "Responsibility" means that if a person has the ability to identify and control, and has the possibility of accepting legal norms and carrying out legal acts, but he does not accept the requirements of legal norms and carries out illegal acts, then he has a basis for condemnation.

Shared by:
Zhang Zhihao, Vice President of Jiefang Road People’s Court
Interpretation of the Minutes of the National Conference on Drug Cases Trial in Courts
On June 26th, 2023, the contents of the new Minutes of the National Conference on Drug Cases Trial (hereinafter referred to as the Minutes of Kunming Conference) can be summarized as follows.
First, inherit and retain, sort out and absorb. Most of the provisions in Dalian Meeting Minutes and Wuhan Meeting Minutes have been tested by judicial practice for a long time, and proved to be feasible and effective, and widely accepted by all walks of life. On the basis of inheriting and retaining relevant provisions, Kunming Meeting Minutes has made some integration and refinement of its contents, adjusted and standardized its structural order and written expression, so as to make it better in dealing with problems such as drug addicts involved in transporting drugs when buying and storing drugs.
The second is to keep pace with the times and improve it. Following the legislative revision and the pace of the times, the issues such as the characterization of drug purchasing behavior, the handling of investigation cases by people with hidden identities, and the conviction and sentencing standards for new types of drugs have been revised in line with the latest legislative spirit and the needs of anti-drug work in the new era.
The third is problem-oriented, supplemented and increased. Make provisions on the nature of the behavior of "purchasing and sucking" that has existed for a long time in practice and has been trying to solve but has not been well solved; In recent years, the new and prominent issues such as the characterization of the behavior involving narcotic drugs and the application of the death penalty to the crime of manufacturing semi-finished drugs, etc., should be clarified as much as possible if conditions are ripe to reach a consensus.
Fourth, persist in seeking truth from facts and reserve space for exploration. There are still many disputes about the identification of drug crime forms and minor drug recidivism before committing a crime, but they have not been stipulated in the end, leaving it for practice to continue to explore.




The participating police officers started a heated discussion.
After the lecture, representatives of the police officers of the Public Security Bureau and the Procuratorate said that the lectures given by the judges were compact and targeted, and through this study, they had a new understanding and a good promotion of specific work.

Wang Xi, deputy secretary of the Party Group and vice president of the People’s Court of Shashi District, affirmed the effect of this lecture for judges. She expressed the hope that everyone can digest and absorb the contents shared in this lecture for judges, apply what they have learned, truly gain something from this lecture, effectively promote the transformation of learning achievements into the ability to perform their duties, and strive to expand the new situation of trial work in the People’s Court of Shashi District.
In the next step, the People’s Court of Shashi District will continue to carry out the "Stars Project" series of activities as planned, making it an inclusive, open and dynamic learning platform, and becoming a landmark activity for the People’s Court of Shashi District to build a cultural brand of "Grinding into a Pearl and Farun Jiangjin". By promoting learning through lectures and learning, the professional ability and comprehensive quality of the police officers in the hospital will be continuously improved, and the role of serving the front line and trial will be better played to provide a steady stream of intellectual support for the trial execution in the hospital.
Original title: "Project Stars, let’s talk about things like" very handcuffed "and" I think punishment "…"
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