In his more than 20 years of law teaching career, Zhou Guangquan has published more than 220 papers in publications such as "Chinese Social Sciences", "Legal Studies", "Chinese Law", "Chinese and Foreign Laws", and published personal He has written 11 monographs and edited or co-edited more than 30 books on criminal law, promoting the development of criminal law in my country.
Zhou Guangquan, who once served as Deputy Prosecutor General of the First Branch of the Beijing Municipal People's Procuratorate and Deputy Director of the Public Prosecution Department of the Supreme People's Procuratorate, has a unique understanding of judicial practice and strives to break the shackles of criminal law doctrine and build theoretical foundations. A bridge to practice.
In the book "Criminal Law Open Course", Zhou Guangquan specifically reflected and criticized "the phenomenon of expansion and round-up in the practice of fighting gangs at the grassroots level": "High-level judicial officials have stated many times that in the process of cracking down on gangs and eliminating evil, Among them, no one will be spared who is truly an evil force; no one will be spared who is not a true evil force. I think this is very reasonable. In judicial practice, the number of wrongful convictions will be reduced. But in grassroots practice, I think there are still some phenomena of expanding criminal gangs and making up for the crime." Zhou Guangquan said.
In addition, Zhou Guangquan also discussed in the above-mentioned monograph the difficulties in defending legitimate defense, judicial deviations in the identification of legitimate defense, especially the judicial concept that the deceased is the most important, and the judicial inability to take responsibility and correctly apply Article 20 of the Criminal Law, etc. Question raised criticism.
It is worth mentioning that Zhou Guangquan has been hired as a "special consultant" to the Supreme People's Procuratorate and the Supreme Court many times, and was invited to participate in the "Two Highs" symposium. On February 17, 2017, the Supreme People's Procuratorate held a symposium with some National People's Congress deputies to solicit opinions on the Supreme People's Procuratorate's work report. At the symposium, Zhou Guangquan suggested that the procuratorial organs should deeply analyze the unjust cases that have occurred in recent years, further improve the long-term mechanism for preventing unjust cases, and strive to maintain legal dignity and social fairness and justice.
We have suggested raising the threshold for drunk driving to curb the abuse of facial recognition technology crimes
During the National "Two Sessions", Zhou Guangquan, as a representative of the National People's Congress, frequently expressed his views on the pain points in criminal law practice. Give advice and suggestions.
Since the outbreak of the pneumonia epidemic, criminal cases such as selling fake masks, violently resisting epidemic prevention inspections, falsely claiming to be infected with the virus and fabricating rumors have frequently come into public view, and have also attracted Zhou Guangquan’s attention. He found that in the process of epidemic prevention and control, some places failed to accurately grasp laws and policies, and illegal acts were "serious", "severe" and "quick": some places pursued "first cases". For the "first case", the time from filing to judgment was shortened to 3 hours.
Zhou Guangquan called on this, the judiciary needs to discover the truth in the process, and the time normally consumed and the time spent listening to the opinions of both the prosecution and the defense must not be saved, and must be carried out on the premise of ensuring that there are no mistakes or as few mistakes as possible. In addition, in the judicial process, we should not pursue efficiency too much. We must consider fairness and achieve a certain balance between fairness and efficiency.
Since 2019, "drunk driving" has replaced theft as the "first crime" in criminal prosecutions. Issues such as the high crime rate after drunk driving is punished have also triggered extensive discussions. During the National "Two Sessions" in 2021, Zhou Guangquan called for the criminal threshold for drunk driving to be appropriately raised. Only when the defendant cannot drive safely due to drunkenness does it constitute a crime, thereby reducing the incidence of crime. In an interview with a reporter from Nandu, he said, "Drunk driving becoming the first crime in criminal prosecution will cause huge losses to the country, society and drunk driving drivers, and it deserves the high attention of relevant departments."
During the National Two Sessions this year, Zhou Guangquan accepted an exclusive interview with a Nandu reporter on how to curb the abuse of facial recognition technology.
In recent years, while facial recognition technology has been implemented on a large scale, crimes such as illegally obtaining, providing, and cracking facial recognition data, as well as related telecommunications network fraud, illegal issuance and collection of loans, have been repeatedly banned. During the National Two Sessions this year, Zhou Guangquan called for comprehensive measures from the aspects of publicity and education, industry self-discipline, social supervision, legal supervision, etc. to effectively curb the abuse of facial recognition technology crimes.
"Criminal law scholars should maintain the ability to reflect on theory