Recently, the German monograph by associate professor ZHAO Shuhong of our college was published in Germany by Duncker und Humblot, a famous German publishing house. This book is the revised result of ZHAO Shuhong based on his postdoctoral research, and the research was completed under the guidance of Professor Hans-Jörg Albrecht, and funded by German MPG(MAX-PLANCK-GESELLSCHAFT) and German Fritz-Thyssen Stiftung Foundation.
The core question that this study tries to solve is: What facts ultimately determine the penalty imposed on criminals in sentencing practice? Through the comparative study of sentencing norms and sentencing practice, this study found that the theory of integration of retribution and prevention adhered to by the general theory has not been tested in sentencing practice. On the contrary, it is only a limited number of sentencing facts that ultimately determine the penalty in sentencing practice, and they are mainly retributive facts related to the seriousness of crime, while the preventive need is always in the marginal position of sentencing. Sentencing presents a concise trend in sentencing practice.
Two monographs of Associate Professor ZHAO Shuhong were published in Germany
Strafzumessung bei Schwerer Kriminalität—Eine Vergleichende Theoretische und Empirische Studie zur Bestimmung der Strafe
Felony Sentencing—A Comparative Study of Theoretical and Empirical Determination of Penalty
Contents:
Introduction
Chapter I: Sentencing norms and theoretical basis
(I) Purpose and determination of penalty
(II) Normative structure of sentencing
(III) The Influence of sentencing theory on penalty determination
Chapter II: Handlungsunrecht—the starting point of sentencing
(I) Basis and scope of unlawfulness judgement
(II) Handlungsunrecht that does not depend on results
(III) Erfolgsunrecht as a result of damage to law and order
(IV) Judgment of Erfolgsunrecht degree
(V) Basis and content of strata determine of seriousness of crime
Chapter III: The facts determining the penalty in felony sentencing
(I) Normative structure of felonies
(II) Judgment of sentencing facts and Handlungsunrecht
(III) Distribution of felonies sentencing within the statutory sentencing range
(IV) The definitiveness of sentencing facts to the choice of different kinds of punishment
(V) Significance of sentencing facts in determining penalty quality within different penalty ranges
(VI) The relationship between the fact that determines punishment and retribution and prevention
Chapter IV: The significance of the research to sentencing theory, sentencing practice and criminal policy
Another English monograph by Associate Professor ZHAO Shuhong was also published in Springer, a famous German publishing house. This book was compiled after his continuous research on a deadly interpersonal violence crime between intimate partners for nearly five years. After anonymous comments by international peers, the research results were finally accepted and published by Springer Publishing House.
A key question to be solved in this research attempt is: In intimate partner homicide, what is the significance of the intimate relationship between the perpetrator and the victim, including the types and state of intimate relationship, to understanding this deadly interpersonal violent crime? Through the analysis of 979 research samples, it was found that the intimate relationship between perpetrators and victims is an important clue to deeply understand the intimate partner homicide in China today. Within the framework of existing research theories, this study analyzed the correlation between the focus variable of intimate relationship between perpetrators and victims and other variables, and found that the type of intimate relationship is of great significance to explain and understand the basic characteristics and risk factors of this kind of crime.
Perpetrator-Victim Relationship: An Important Clue to Understanding Intimate Partner Homicide in China
Contents:
Introduction
Chapter I: Theoretical framework of intimate partner homicide research
(I) Two pillars supporting the basic theoretical framework: violence and self-defense
(II) Theoretical research and empirical discovery
(III) Defects of mainstream theories in empirical discovery test
Chapter II: Perpetrators and victims in intimate partner homicide
(I) Methods of determining the basic characteristics of perpetrators and victims
(II) Perpetrators and victims in intimate partner homicide in China
(III) Characteristics and risk factors of perpetrators and victims
Chapter III: The intimate relationship between the perpetrators and the victims
(I) Types and states of intimacy
(II) Motivation of deadly violence between intimate relationships and intimate partners
(III) Correlation between intimate relationship and development trend of deadly interpersonal violence between intimate partners
(IV) The significance of intimate relationship in explaining the characteristics of deadly interpersonal violent crime between intimate partners
(V) The significance of intimate relationship in determining risk factors of deadly interpersonal violent crime between intimate partners
Chapter IV: The significance of main findings to explaining this deadly violent crime theoretically and empirically