Criminal law is to provide crime, criminal responsibility and punishment of the law, specifically some say, that is to power the ruling class, in order to maintain the rule of the political class and economic interests, according to its class will, as to which acts are crimes and should be criminal liability, given what the perpetrators of criminal punishment law. General criminal law and criminal law are divided into narrow criminal law. Refers to all the provisions of general criminal offenses, criminal liability and penalties the sum of legal norms. It not only refers to the Penal Code, also includes the single non-criminal law, criminal law and criminal liability provisions (also known as ancillary criminal law). Narrow provisions of the Criminal Code refers to the system, crime, criminal liability and penalties of the Penal Code. In China, referring to July 1, 1979 the Fifth National People's Congress adopted the second meeting, March 14, 1997 the Eighth National People's Congress Fifth 次会议修订 the "Criminal Law" ( also referred to as "criminal"). And general criminal law, criminal law associated with the narrow, criminal law can also be divided into general and special criminal law and criminal law. Ordinary criminal law is the effect of universal use of criminal law, penal code in fact refers. Special criminal law refers only to a specific person, times, places, things (crime) of the Criminal Code. In China, also refers to the Criminal Code and ancillary single criminal law.
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Characteristics of Criminal Law
Crime and punishment provisions of the Criminal Code is the relationship between law and crime. Criminal law as an independent unit, has the following characteristics: (A) the characteristics of public law Public law and private law is the corresponding concept is of public interest law, particularly the national interests of the law. The private interests involved in private law is the law. Public law is the vertical adjustment of the legal relationship between the public law, the state and the individuals in the legal subordination. The private law is the horizontal adjustment of the legal relationship in private law relationships, between citizens of equal status in law. As a public law, criminal law, individuals are dominated by the legal status of state power, as long as the main acts in breach of criminal law constitutes a crime, that the judiciary should be subject to criminal prosecution. (B) the characteristics of the criminal law (C) the characteristics of jus cogens Force method is the concept corresponding to any wears, any arbitrary method, also known as legal norms, means the legal relationship between the statutory range allows participants to determine their mutual rights and obligations of the specific content of legal norms. The force law, also known as the force of legal norms, referring to the implementation of legal norms must be absolute. In legal theory, is generally considered the main force criminal law, only to be handled only under an arbitrary law of nature only; and civil law is mainly an arbitrary law, only a small number of forcible sex legal norms. Criminal law as a force characteristics of this state more clearly reflects the coercive force.
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Criminal Law (Amendment)
(July 1, 1979 the Fifth National People's Congress adopted the second meeting of March 14, 1997 the Eighth National People's Congress Fifth 次会议修订 March 14, 1997 Order of the President Article thirteenth release from October 1, 1997 shall come into force. According to the "PRC Criminal Law Amendment Act" (December 25, 1999 the Ninth National People's Congress adopted the Thirteenth Meeting of the Standing Committee) Amendment; under the "China People's Republic of the Criminal Code Amendment (b) "(August 31, 2001 the Ninth National People's Congress Standing Committee of the twenty-third session) amended; under the" Criminal Law Amendment (c) "(2001 12 Ninth People's Republic of 29 March National People's Congress Standing Committee of the twenty-fifth session) amended; under the "Criminal Law Amendment (d)" (28 December 2002 the Ninth National People's Congress thirty-first session of the General Assembly by the Standing Committee) Amendment; under the "Criminal Law Amendment (e)" (February 28, 2005 of the Tenth National People's Congress adopted the Fourteenth Meeting of the Standing Committee) Amendment; under "Criminal Law Amendment (f)" (June 29, 2006 of the Tenth National People's Congress Standing Committee of the twenty-second session) correction; under the Eleventh National People's Congress Standing Committee of the Seventh meeting, February 28, 2009 by the "Criminal Law Amendment (g)" revised.) Part One General Provisions Chapter Criminal Law of the basic principles and application The first in order to punish crime, protect the people, under the Constitution, the fight against crime in our country with the specific experience and the actual circumstances of this Law. The second task of the PRC Criminal Law, to use punishment with all the fight against crime, to protect national security, safeguard the people's democratic dictatorship regime and the socialist system, protection of state property and collectively by working people's property, protection of private citizens all property, protection of personal rights of citizens, democratic rights and other rights, maintain social order, economic order, and guarantee the smooth progress of socialist construction. The third law explicitly defined as criminal acts, convicted and punished in accordance with the law; law does not explicitly defined as criminal acts, shall not be convicted and punished. Article crime for any person, shall be equal before the law. No one is permitted beyond the law of privilege. Article V of penalties should be commensurate with the crimes and criminals bear criminal responsibility. Article crime areas of the PRC, in addition to other provisions of law in particular, are applicable to this Law. Where a ship or aircraft of the People's Republic of crimes, but also by this Law. Criminal act or a consequence of a place within the territory of the PRC to consider the field of crime in the Republic of China. Article PRC citizens outside the territory of People's Republic of crimes committed by this Act apply to this law, but the law stipulates a maximum sentence of three years imprisonment, and may not be dealt. PRC state personnel and military outside the territory of the People's Republic of crimes committed by this Act apply to this Law. Article VIII of foreigners outside the territory of the People's Republic of China state or citizens of crime, while the law stipulates a minimum sentence of three years or more in prison may be applied to this law, but in accordance with the laws of the crime was committed is not punishable excluded. Article IX of the Republic of China or the crimes under international treaties, People's Republic of treaty obligations in the exercise of criminal jurisdiction within the scope of this Law shall apply. Article crime outside the territory of the PRC, should bear criminal responsibility according to this law, even after the foreign trials can still be prosecuted under this law, but has already received criminal punishment in a foreign country, may exempt or reduce the punishment. Enjoy diplomatic privileges and immunities of the criminal responsibility of foreigners, through diplomatic channels. After the founding of Article XII of the PRC's behavior before the implementation of this Law, if the law was not considered a crime, the applicable law at that time; if the law was considered a crime, in accordance with Chapter VIII of the General Provisions provisions should be prosecuted, investigated for criminal responsibility according to law at that time, but if this law is not deemed a crime or a lighter punishment, this Law shall apply. Before the implementation of this Law, in accordance with the law at the time decisions have been made to the entry into force, remain valid. Chapter II Crimes Section of crime and criminal Article XIII of all endanger the sovereignty, territorial integrity and security, secession, subversion against the people's democratic dictatorship and overthrow the socialist system, and disrupt social order and economic order, and violation of the state-owned property or property owned collectively by working people, all violations of private citizens property, violation of personal rights of citizens, democratic rights and other rights, and other acts that endanger society, should be criminally punished according to law, are crimes, but the circumstances are obviously minor and little harm is not considered a crime. Article XIV know that their actions will cause socially dangerous consequences, and wishes or allows such results occur, thus constituting a crime is a crime. Intentional crime shall bear criminal responsibility. Article XV should have foreseen his own behavior may result a danger to society because of negligence and did not foresee, or have foreseen the consequences, readily able to avoid that such a result, it is criminal negligence. Criminal negligence, the law only provided for criminal liability. Article XVI act in fact results in harmful consequences, but not out of intent or negligence, but due to unavoidable or unforeseeable cause, not the crime. Article XVII full sixteen years of age commits a crime shall bear criminal responsibility. Less sixteen fourteen years of age who commits intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, poisoning the crime shall bear criminal responsibility. Eighteen years of age fourteen years of age who commits a crime should be given a lighter or mitigated punishment. Sixteen years of age not because of dissatisfaction with criminal punishment, and ordered him to discipline the parents or guardian; when necessary, also by the government for rehabilitation. Article XVIII mental patient can not recognize or can not control their behavior when harm results, the accreditation of legal procedures, and not criminally responsible, but should be ordered to his family members or guardians of strict surveillance and medical care; when necessary, forced by the government health care. Intermittent mental patient mental normality crime shall bear criminal responsibility. Not completely lost the capacity to recognize or control his mental patients commit a crime shall bear criminal responsibility, but can be given a lighter or mitigated punishment. Intoxicated person who commits a crime shall bear criminal responsibility. Article XIX deaf and dumb or blind person crime, may be given to reduce or waive penalties. Diershitiao to the state, public interest, the person himself or others, property and other rights from being violated, and taken to stop the unlawful infringement of the conduct, criminal damage against the people, are self-defense, not criminal liability. Significantly exceeds the necessary limits of self-defense to cause significant harm, shall bear criminal responsibility, but should reduce or waive penalties. The ongoing violence, murder, robbery, rape, kidnapping and other serious violent crimes endangering personal safety, to take defensive actions, resulting in injury or death to criminal violations, not defensive, not criminally responsible. For twenty-one countries, the public interest, the person himself or others, property and other rights from being the risk, forced to take emergency risk aversion, causing damage, not criminally responsible. The emergency exceeds the necessary limits and causes undue harm, shall bear criminal responsibility, but should reduce or waive penalties. The first paragraph with respect to avoid danger to oneself shall not apply to his office, the business bears a particular responsibility. Crime, Criminal preparation and attempt Twenty-two for a crime, prepare tools, creation of the conditions for a crime. For prepares for a crime can be compared completes the crime, be given a lighter or mitigated punishment or be exempted from punishment. Twenty-three has already begun to commit a crime without reason independent of his will to succeed, it is attempted crime. Who attempts to commit, can be compared completes the crime, a lighter or mitigated punishment. Twenty-four in the criminal process, to give up crime or voluntarily and effectively prevent the consequences of the crime occurred, a crime stop. Who discontinues a crime without causing damage, they shall be exempted from punishment; cause damage, it shall reduce the punishment. Section III the crime Twenty-five common crime is an intentional crime committed by two or more persons jointly. Common fault of two or more crimes, not to common crimes punished; should bear criminal responsibility for crimes committed in accordance with their respective penalties. Twenty-six organizations, leading a criminal group or criminal activities in the crime play a major role, are the main culprit. Three or more persons formed for the joint implementation of the crime, the more stable criminal organization, criminal syndicates. The organization, leading a criminal ringleader, according to all the crimes committed by the syndicate. Other than the principal offender for the third paragraph shall, or shall they participate in organizing, directing all criminal penalties. Twenty-seventh amended, in a joint crime played a secondary or auxiliary role, is an accomplice. An accomplice shall be given a lighter or mitigated punishment or be exempted from punishment. Twenty-eighth to articles are coerced to participate in a crime, shall be in accordance with the circumstances of his crime mitigated punishment or be exempted from punishment. 第二 nineteen abetting a crime, common crime, he should be in accordance with the role of punishment. Abetting crimes committed by persons under eighteen years of age, should be severely punished. If the instigated person has not committed the instigated crime, the instigator may be given a lighter or mitigated punishment. IV Unit Crime The third ten companies, enterprises, institutions, agencies, groups that endanger society, the law required for the unit crime shall bear criminal responsibility. 第三十一条 unit of a crime, be sentenced to a fine, and directly in charge and other directly responsible persons sentenced to penalties. This Law and other law, in accordance with regulations. Chapter penalties Types of Punishments Thirty-second Penalties divided into principal punishments and supplementary punishments. The principal punishments thirty-third types are as follows: (A) control; (B) detention; (C) imprisonment; (D) life imprisonment; (E) the death penalty. 第三 fourteen additional punishments are as follows: (A) Fines; (B) deprivation of political rights; (C) confiscation of property. Additional penalties may be imposed independently. Thirty-fifth to articles of Criminal Aliens, can be independent or supplementary for deportation. 第三 sixteen as crime victim has suffered economic losses, the criminal than the criminal punishment according to law, and should be sentenced to compensation for economic losses under the circumstances. Civil liability of the criminal elements, also imposed a fine, not sufficient to pay his property, or be sentenced to confiscation of property, shall first pay the victim's civil liability. Thirty-seventh to articles do not require punishment committed a minor crime, can be exempted from criminal punishment, but can the different circumstances of the case, be reprimanded or ordered to make a statement of repentance, apology, compensation for loss of, or be subject to administrative punishment by the competent department or administrative action. Section Control 第三 eighteen control period, more than three months two years of age. Criminals sentenced to control by the public security organ. Thirty-ninth are sentenced to public surveillance, during the implementation period, shall observe the following: (A) comply with laws, administrative regulations, submit to supervision; (B) without the approval of the enforcement authority shall not exercise of speech, press, assembly, association, of procession and of demonstration the right to freedom; (C) The enforcement authority report his activities; (D) to comply with the enforcement authority for meeting visitors; (E) to leave the residence city, county, or moved, shall be reported to the executive authority. Is sentenced to control the criminal element that should be equal pay for equal work. The fourth ten criminals sentenced to control, control of expiration, the executing organ shall immediately and their unit or place of residence in the mass declared deregulation. 第四十一条 control term, from the date the Enforcement of Judgments; sentence in custody before the execution, detention on the 2nd day detention sentence. Section detention 第四 twelve term of criminal detention for one month more than six months. Forty who are sentenced to detention of criminals, by public security organs vicinity. During execution, criminals sentenced to criminal detention home one or two days a month; participate in labor compensation can be distributed proportionally. 第四 fourteen detention in prison, from the date the Enforcement of Judgments; sentence in custody before the execution, detention day detention sentence day. Fourth term of imprisonment, life imprisonment 第四 period of fifteen fixed-term imprisonment, in addition to this Act have ten, sixty-ninth article provides, for the six months to fifteen years. Forty-sixth are sentenced to imprisonment, life imprisonment of criminals in prison or other place for the execution; where the ability to work, should take part in labor, education and transformation. 第四 seventeen prison sentence, from the date the Enforcement of Judgments; sentence in custody before the execution, detention day detention sentence day. V Death Forty-eighth death penalty shall apply only to commit the most heinous criminals. The criminals should be sentenced to death, if not to be executed immediately, you can declare the same time sentenced to death suspended for two years. In addition to the death penalty ruling by the Supreme People outside the law, should be submitted to the Supreme People's Court for approval. The death penalty with suspension of execution, by the Higher People's Court decided or approved. Committing a crime when the forty-ninth eighteen years of age and pregnant women the time of trial, does not apply the death penalty. Ten sentenced to death suspended the fifth, in the period on death row, if not an intentional crime, two years after the expiration of commuted to life imprisonment; If there are really major meritorious service, two years after expiration, reduced to fifteen years twenty years imprisonment; If an intentional crime, verified by the Supreme People's Court approved the death penalty. 第五十一条 period on death row, from the decision to determine the date. Suspended death sentence commuted to imprisonment, suspended from the death of the expiry date. VI fine 第五 twelve imposed shall be determined under the circumstances of the crime penalty amount. 第 fifty-three fine within the period specified in the judgment payment of a lump sum or installments. Expired without pay, forced to pay. For not all pay the fine, the people's court finds the person has at any time, the property can be performed, shall be recovered at any time. If the disaster because of an unavoidable true difficulties in paying, and may be reduced or waived. Deprivation of political rights in section VII 第 fifty-four deprivation of political rights is a deprivation of the following rights: (A) the right to vote and stand for election; (B) freedom of speech, press, assembly, association, of procession and of demonstration the right to freedom; (C) the right position in state organs; (D) as the state-owned companies, enterprises, institutions and people's organizations the right to leadership positions. 第五 fifteen deprivation of political rights shall, in addition to the provisions of this Act seventeen, one year to five years. Sentenced to control additional deprivation of political rights, and deprivation of political rights and control of the duration of the period equal to be executed simultaneously. Fifty-sixth to articles criminals that endanger national security should be an additional deprivation of political rights; for voluntary manslaughter, rape, arson, explosion, poisoning, robbery and other serious criminals who undermine the social order, can be attached to deprivation of political rights. Where deprivation of political rights, in accordance with the provisions of this Law. Fifty-seventh to articles to be sentenced to death or life imprisonment of criminals should be deprived of political rights for life. Suspended the death penalty commuted to imprisonment or life imprisonment commuted to prison time, should the period of deprivation of political rights attached to three to ten years. 第五 eighteen additional sentence of deprivation of political rights, from imprisonment, criminal detention ends or from the date of parole; deprivation of political rights shall of course the duration of the principal punishment. Deprived of political rights of criminals, in the implementation period, the shall abide by laws, administrative regulations and supervision and management of the State Council, the public security departments of the provisions, submit to supervision; purposes of article fifty-four shall not exercise the rights provided. Confiscation of Property Fifty-ninth Confiscation confiscation of criminal property is personal property, part or all of all. Confiscation of all property shall be on the criminals and their family members supported by personal living expenses. Sentenced to confiscation of property at the time, no confiscation of criminal as_set_s to family members or should. Sixth ten criminal forfeiture of property before the legitimate debts, need to be confiscated property to repay the request of the creditors should be repaid. The concrete application of the penalty chapter Section sentencing 第六十一条 penalties for criminals, when the decision should be based on the facts of crime, nature of the crime, the circumstances and the degree of harm to society, in accordance with the relevant stipulations of this Law. Sixty elements committing a crime under this Law shall be punished severely, lighter punishment, it should be within the limits of the punishment to impose penalties. Committing a crime under this Law, the molecular mitigating circumstances, it should be in the statutory sentence the following sentence. Although criminals do not have the provisions of this Law mitigating circumstances, but the special circumstances of the case, the Supreme People's Court also sentenced the following in the legal punishment. Committing a crime elements sixty-fourth of all illegally obtained property, shall be recovered or order restitution; the legal property of the victim, shall be promptly returned; contraband and I used for property crime, shall be confiscated. Confiscated property and fines shall be turned over to the treasury, shall not be diverted themselves. Section recidivism Sixty-fifth or more are sentenced to imprisonment for criminal penalties, after the sentence or pardon, repeated within five years or more should be sentenced to the penalty of sin, are repeat offenders should be punished severely, but the negligent crime. Period of the preceding paragraph, was on parole for criminals, from the date the parole expires. 第六 sixteen of endangering national security criminals after the sentence or pardon at any time commit the crime of endangering state security, have to repeat offenders punished. Voluntary Surrender and Meritorious Sixty-seventh surrendered after committing a crime, a true account of his crime, is surrender. For the surrender of criminals, be given a lighter or mitigated punishment. Among them, the crimes are relatively minor and can be exempted from punishment. Compulsory measures of criminal suspects, defendants and offenders serving sentences, the judiciary does not know, a true account of other crimes, of voluntary surrender. Sixty-eighth molecules committing a crime expose criminal acts of others, verified, or provide important clues for cracking of other cases meritorious services be given a lighter or mitigated punishment; a performance of great merit, it may reduce or waive penalties . After the crime surrendered to perform major meritorious service, it shall reduce or waive penalties. IV graft 第六 nineteen previously announced a decision to commit several crimes, in addition to other death penalty and life imprisonment, should be the sum of the following sentence, several more than the highest individual sentence, depending on the circumstances of the sentence, but the control can not exceed three years, criminal detention not exceed one year, the maximum term of imprisonment not more than twenty years. If the crimes are sentenced to an additional punishment, the supplementary punishment must still be executed. Ten decision declared the seventh after the completion of the penalty previously found that criminals sentenced declared in another crime decision has not been sentenced, the crime should be found on the new ruling, the two decisions before and after the sentence imposed, in accordance with the provisions in Article nineteen, decided to implement the penalty. Sentence has been executed, shall be counted in the term decided by the new ruling. 第七十一条 decision announced after the completion of the penalty before the convicted criminals and crime, the crime should be committed to the new ruling, the implementation of the earlier crime and the penalty for the crime after the sentence imposed in accordance with Article No. sixty-nine shall be decided on the implementation of the penalty. V suspended Seventy-second to articles to be sentenced to imprisonment, three years in prison for criminals, according to the circumstances of the crime and criminals show repentance for probation does not cause further harm to society probation. Is declared criminal probation, if sentenced to an additional punishment, the supplementary punishment must still be executed. 第七 thirteen probation period for suspension of criminal detention shall the term originally decided more than one year, but not less than two months. Probation period of imprisonment of more than five years the term originally decided, but not less than one year. Probation period to determine from the decision date. Seventy-fourth to articles recidivism, not the application of probation. Seventy-fifth bar is declared criminal probation, shall observe the following: (A) comply with laws, administrative regulations, submit to supervision; (B) in accordance with the provisions of inspection authorities report their activities; (C) observing organ for meeting visitors; (D) to leave the residence of the city, county, or moved, shall be reported to the inspection authorities. Seventy-sixth bar is a criminal probation, during the probation period, visits by the public security organs, where the unit or to be with the grass-roots organizations, if not the circumstances prescribed in this Law 第七十七条, probation expired, the original verdict of the penalty will no longer perform, and be made known publicly. 第七十七条 is declared criminal probation, during the probation period of new crimes or found guilty of another crime verdict announcement has not been sentenced, it shall revoke probation, the newly committed crime or crime of the new ruling found to the former and latter crimes and the penalties imposed, in accordance with the provisions in Article nineteen, decided to implement the penalty. Is declared criminal probation, during the probation period, the violation of laws, administrative regulations or the public security departments of the State Council, the supervision of probation regulations, the circumstances are serious, shall revoke the probation, execution of the original sentence. VI commutation Seventy-eighth who are sentenced to control, criminal detention, imprisonment, life imprisonment for criminals, during execution, if conscientiously abide by prison regulations, access to education reform, the performance of true repentance, or contribute to, and may reduce the sentence; had the following significant meritorious service of sentence shall be reduced: (A) to prevent others from significant criminal activity; (B) outside the prison that major criminal activities that can be verified; (C) inventions or major technological innovations; (D) in the daily production and life of self-sacrifice; (E) fighting against natural disasters or major accidents, there are outstanding performances; (Vi) the state and other major contributions to society. After commutation, the actual implementation of the sentence, sentenced to control, criminal detention, fixed-term imprisonment of not less than one half of the term originally decided; sentenced to life imprisonment, not less than ten years. Seventy-ninth sentence criminals to articles by the enforcement authority to the Intermediate People's Court commuted the above proposals. The people's court shall form a collegial panel to examine, on the fact that true repentance or meritorious service, the order of commutation. Without due legal process shall not be commuted. Article ten prison sentence reduced to life imprisonment, commuted from the decision date. VII parole 第八十一条 criminals sentenced to imprisonment, execution of the original sentence of one half or more, criminals sentenced to life imprisonment, the actual implementation of more than a decade, if carefully follow prison regulations, access to education reform, true repentance, parole will no longer cause harm to society on parole. If there are special circumstances, approved by the Supreme People's Court can not limit the implementation of the sentence. On recidivism and homicide, explosion, robbery, rape, kidnapping and other violent crimes be sentenced to ten years imprisonment, life imprisonment for criminals, without parole. Eighty-second to articles criminals on parole, in accordance with the provisions in Article ninth article provides that procedure. Without parole without due legal process. 第 eighty-three prison for the probation period, the sentence has not been completed; life imprisonment for the probation period of ten years. Probation period from the date of parole. 第 eighty-four criminal who is granted parole, shall observe the following: (A) comply with laws, administrative regulations, submit to supervision; (B) in accordance with the provisions of oversight bodies report on their activities; (C) compliance monitoring authority for meeting visitors; (D) to leave the residence of the city, county, or moved, shall be reported to the supervisory authorities. 第八十五条 criminals are on parole during the probation period, be supervised by the public security organs, if not the eighty-sixth article of this Law the case, the probation expired, he said that the original sentence has been completely executed, and publicly be declared. Eighty-sixth bar is paroled criminals guilty of the probation period for new crimes, parole should be revoked, in accordance with the provisions of this Law 第七十一条 practice of Punishment. In the probation period, found to be criminals on parole sentence declared in another crime has not been sentenced, parole should be revoked, in accordance with Article VII provides for ten of the graft. Criminals being released on parole during the probation period, in violation of laws, administrative regulations or the public security departments of the State parole supervision provisions of the act, not constitute a new crime, parole should be revoked in accordance with legal procedures, put in prison to complete the unfinished penalty. VIII Aging Eighty-seventh term of not committing a crime through the prosecution of the following: (A) The statutory maximum penalty is less than five years in prison, and after five years; (B) the statutory maximum penalty of five years imprisonment for not more than ten years, after ten years; (C) a statutory maximum penalty is imprisonment for more than ten years, after fifteen years; (D) The statutory maximum penalty is life imprisonment or the death penalty, after two years. If after twenty years that the crime must be prosecuted, submitted to the Supreme People's Procuratorate approved. Eighty-eighth amended, in the People's Procuratorate, the public security organs, state security organs in investigation or in the people's court accepts the case after the escape from investigation or trial, without time limits for prosecution. Victim filed a complaint within the time limit for prosecution, the People's Court, People's Procuratorate, the public security organs should not be placed on file to register it, and not limitation period for prosecution. 第八 nineteen prosecution for the period from the date of the crime; criminal acts of a continual or continuous nature, the criminal act is the date. The limitation period for prosecution and crime, crime prosecution deadline before the latter crime date. Chapter V Other Provisions Ninth ten autonomous areas can not be fully applicable provisions of this law, by the autonomous region or province, according to the local people's congresses of national political, economic and cultural characteristics and the basic principles of this Law, formulate contingent or supplementary provisions, submitted to the National People's Congress Standing Committee for approval and implementation. Ninety-called public property in this Law, refers to the following: (A) state-owned property; (B) property owned collectively by working people; (C) for poverty alleviation and other social public welfare donations or special funds of the property. In the state organs, state-owned companies, enterprises, collective enterprises and people's organizations, management, use or transport of private property to public property. 第九十二条 this Act all the property of private citizens, refers to the following: (A) his legitimate income, savings, houses and other means of livelihood; (B) normalized according to individuals, families, all of the means of production; (C) the legal property of the self-employed and private enterprises; (D) according to individual ownership shares, stocks, bonds and other property. 第 ninety-three this Act referred to national staff, the State agencies engaged in public service personnel. State-owned companies, enterprises, institutions, people's organizations engaged in public service staff and state organs, state-owned companies, enterprises and units assigned to non-state-owned companies, enterprises, institutions, social organizations, engage in public service, and other engaged in official business in accordance with law staff to national staff on. Ninety-fourth judicial officer referred to in this Law, means of investigation, prosecution, adjudication and supervision duties of staff. Ninety-fifth of this Law, referred to serious injuries, is one of the following circumstances the damage: (A) of the limbs or crash makes appearance; (B) makes the loss of hearing, sight or other organ function; (C) other significant harm to human health. Ninety-sixth alleged violations of state regulations in this Law, refers to violations of the NPC and its Standing Committee have formulated laws and decisions, administrative regulations formulated by the State Council, the administrative measures, decisions and orders issued. 第九十七条 alleged ringleaders of this Law, refers to a criminal group or organization from the mob crime, planning, command and the role of criminals. Ninety-eighth purposes of this Law to be handled only if the victim to be handled. If the victim because of coercion or intimidation can not tell, the People's Procuratorate and the victim's close relatives can tell. 第九十九条 this Act referred to above, below, within, including the number. Article subjected to criminal punishment lawfully people join the military, employment, it shall truthfully report to the relevant units of criminal punishment they had received and shall not be concealed. Article one of the General Provisions apply to the penalty provisions of other laws, but other laws have special provisions excluded.
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Primary elements of the criminal law
China's "Criminal Law" in the provisions on the primary elements can be divided into general principles of the regulations and the provisions of sub-two situations: 1: General requirements in the main refers to the primary elements, the Penal Code, "third paragraph of Article 26 provides that" organized crime syndicate led ﹑ elements ", which of course is the principal ringleader. 2: "Criminal Law", sub-prime elements can be divided into the following two situations: A: the ringleaders is devoted to legal punishment, such as "Criminal Law" Section 104 ﹑ armed rebel riot violence crimes, were the ringleaders ﹑ ﹑ active part in major crime and other participants, ranging from the statutory provisions of the severity of punishment. The first molecule is a principal, but also the culprits of the crime is necessary. B: the most important elements for the constituent elements of the crime, such as "Criminal Law" in Article 291 of the gathering crowds to disturb public order, crime, transport order, only the most important elements to constitute a crime. And constitutes a separate offense rather than a common crime. This course is not the first principal molecular method.
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Mistake of Criminal Law
Knowledge of criminal law is the wrong actor for his actions in the legal sense or incorrect understanding of the existence of objective facts do not meet the relevant knowledge of the truth. It includes specific knowledge of the law of de facto understanding of errors and mistakes. Understanding of a ﹑ law behavior of the error is in the implementation of certain acts consciously, when the legal nature of their action or the significance of a misunderstanding of law. Specifically including the following three conditions: ① no guilt of innocence; ② no innocent for the guilty; ③ their criminal acts in the number of charges ﹑ ﹑ sentencing and other aspects of crime have incorrect understanding of law. Understanding of the law the perpetrator error does not affect the conviction and sentencing of the perpetrator. Second, the perpetrator of the crime constitutes ﹑ understanding of the facts wrong, as reflected in the behavior of the perpetrator's subjective state of mind, based on "subjective and objective in line" principle, the understanding of the facts constitute a crime error will affect the amount of criminal offenses of conviction. Specifically including four cases: ① understanding of the nature of the behavior and error method. Companies such as: false defense does not hold an intentional crime, if the person is negligent acts constitute negligence committed, and if an accident does not constitute a crime; ② means of understanding behavior and error method. Companies such as: sugar mistakenly kill as arsenic, intentional attempted murder; mistake arsenic when the sugar to the guests to eat, if there is negligence constitute criminal negligence, accidents are not at fault in the law. ③ understanding of the behavior of objects and error method. Business if the violence is the same as the social relations, the charges of the same (kill A, but manslaughter b), if the violence in different social relations, the behavior of the guilt and sin form will be different (wrong to kill a bear when people attempt, mistakenly When bears kill people to see if there are no mistakes, if there is negligence constitute criminal negligence, is a no-fault accidents); ④ understanding of causality and error method. Business understanding of causality error usually does not affect the formation of a crime. In summary, the understanding of the facts constitute a crime error handling principle is consistent with the principles of objective and subjective method.
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Criminal on the "new crimes" concept
New crime, the penalty is not executed before the completion of another crime, in other words, is in the process of implementation and criminal penalties for acts of law. In the course of execution of punishment has committed new crimes, should be implemented graft law. Criminal law, the verdict announced after the completion of the penalty before the convicted criminals and crime, the crime should be committed to the new ruling, the former crime after the implementation of the penalty and the penalty imposed by the crime, in accordance with Article Sixty nine shall be decided on the implementation of the penalty method.
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Criminal law "as" and "not as" concept
Criminal law as a means of positive behavior by the perpetrators for the implementation of the Criminal Law of the prohibited acts harmful to society, that is prohibited by the Penal Code to do and do act. It should be noted, can not be used as equivalent to hand the implementation of the act, as an addition to including criminal by my own hand the implementation of positive activities, but also should include the offender with the forces of nature (such as the use of wind ﹑ water potential) ﹑ with animals (such as the use of dogs ﹑ snakes, etc.) ﹑ do not have the subject of crime through the conditions of others (such as the use of Children, the mentally ill) or with the negligent acts of others to carry out criminal acts, shall be considered is the use of these introduced himself as a criminal act law. Not as a criminal law, refers to the act and to implement obligations of people to do an act, not to fulfill this obligation and negative, resulting in serious harm to the consequences of behavior, that is, do not do it should be. A typical case is the abandonment of sin. It should be noted, not as a criminal law should have the following to see, (1) the obligations of the law expressly provides (2) of his position or business to fulfill the obligations (3) have been implemented by the perpetrator's liability arising out of acts. Dialectical materialism, the study of the relationship between cause and effect of criminal law guide
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Criminal law of causality
Behavior and harm against a causal relationship between the results is that the elements constitute a crime against the objective aspects of behavior and hazards that exist between the results was caused by the relationship between cause and method. When the harmful results occur, to determine whether a person should responsible for the results, it must identify the hazards imposed by his behavior and the result is a causal relationship between law. 1 ﹑ the objectivity of causal law. As the objective causality between the phenomena of the relationship between cause and be caused, it is an objective, not subjective to the people as the transfer method. 2 ﹑ specific causal relationship between law. Things are generally linked, in order to understand a single phenomenon, we must link them from popular taken out, study them in isolation, one for the reasons for the results of another method. Causal relationship between criminal law reflected in the specific nature of the harm it can only be one result of behavior and the causal link between harm law. 3 ﹑ causal time series of law. The reasons must be first, the results only after the time of the order of the two methods can not be reversed. In criminal cases, only the results from the damage before the damage occurred to find the cause of the behavior of law. 4 ﹑ causality and specificity of the conditions Causal relationship is conditional ﹑ specific method. In criminal cases, what kind of harmful behavior can cause harm results, there is no fixed model method. Therefore, the identification of causal relations, we must act to implement the time, place hazards, conditions and other specific conditions for specific analysis. 5 ﹑ the complexity of the causal relationship Dialectical view that the diversity of the link between objective things, determine the causal complexity method. Causal relationship in the form of criminal law, including the following: (1) a result of a fruit This is the simplest form of law of causality. Refers to a harmful behavior caused directly or indirectly the result of a hazard method. Judicial practice, this causal relationship is more easily recognized form of law. (2) a result of more fruit A result of more harmful fruit is a result of behavior can cause a variety of case law. Behavior caused by a variety of results, to analyze the results of the main results of secondary and indirect result of or directly the result, it makes sense for the conviction and sentencing law. Business (3) more because of a fruit If more than one means for the result of a damage caused by a number of harmful acts of the law. The most obvious manifestation of it, there are two situations: First, accidents; second common criminal law. (4) due to more fruit and more More and more fruit for more hazard behavior is caused by multiple hazards simultaneously or successively the results of method. The typical manifestations of organized crime exists in France. 6 ﹑ not as a causal relationship between crime Not as the reason that it should stop but did not stop things to a dangerous direction, which led to the occurrence of harmful results method. Not as a crime the special nature of causality is that it owes a particular obligation to act as a precondition law. In addition, it is a causal relationship should be the same as a crime solving method. 7 ﹑ Criminal Cause and Criminal Responsibility Investigate criminal acts of causality person of criminal responsibility to provide an objective basis for criminal responsibility is not equal to solve the problem of method. For an actor who harm caused by their actions the result of criminal responsibility, the perpetrator must have the subjective intent or negligence law.
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Criminal statute of limitations
Statute of limitations, is held in accordance with the provisions of the Criminal Code criminal law the validity of criminal responsibility. Criminal behavior of criminals over criminal law statute of limitations period, and no longer criminally responsible; If you have already been prosecuted for criminal liability, the case law should be revoked. Statute of limitations period is based on the severity of the punishment to a variety of crimes, namely the provisions of the statute of limitations period of different lengths: 1 ﹑ statutory maximum penalty for the under 5 years in prison, the statute of limitations for a period of 5 years; 2 ﹑ statutory maximum penalty of 5 years but less than 10 years in prison, the statute of limitations period of 10 years; 3 ﹑ statutory maximum penalty of 10 years in prison, the statute of limitations period of 15 years; 4 ﹑ ﹑ statutory maximum penalty is life imprisonment or the death penalty, the statute of limitations period is 20 years. If 20 years later that the crime must be prosecuted, report to the Supreme People's Procuratorate approved, the law can still be prosecuted. Provisions of criminal law provisions on the punishment to include several different situations: There are several in a sentencing range of criminal cases, shall be determined in accordance with the actual crime of the length of the statute of limitations period, which found that crime, sentencing range, the sentencing range should be to determine the statutory maximum penalty statute of limitations period law . Statute of limitations restrictions are not law. According to China's criminal law, public security organs in the People's Procuratorate ﹑ ﹑ national security investigation of police or the people's court accepts the case after the escape from investigation or trial, free from prosecution time limits law. Victim filed a complaint within the time limit for prosecution, the People's Court ﹑ ﹑ People's Procuratorate and the public security organs should not be placed on file in the filing, without time limits for prosecution law. Lapse of law. The limitation period for prosecution and crime, crimes prosecution before the deadline date of the latter crime calculation. In general, the statute of limitations period calculated from the date of the crime However, if the criminal act is a continuous or continuing, the statute of limitations period from the date of the criminal act calculation.
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The basic principles of criminal law
The basic principles of criminal law, criminal law is inherent ﹑ ﹑ reflected throughout the entire Criminal Law Criminal Law and Criminal Justice of the basic spirit of the guidance and constraints ﹑ all criminal legislation and the basic norms of the criminal justice process method. New Penal Code provides for three basic principles of criminal law, namely, the principle of legality and the principle of suiting punishment ﹑ applicable law principle of equality law. (A) the principle of legality Business "principle of legality is the crime and its punishment must be clearly defined by law, law does not a crime, law does not punish" law. Is the specific content of the provisions of section 3 of the Criminal Code, that "the law expressly provides for the criminal acts, convicted and punished in accordance with the law; law does not provide for the criminal act, shall not be convicted and punished" method. Principle of legality requirements: 1 ﹑ judiciary must be based on facts and law as the criterion, carefully grasp the nature of crime and the specific composition of elements, strict distinction between this crime and he Zuiyufeizui ﹑ the boundaries of the crime, qualitative accuracy, appropriate sentencing, is not worthwhile longitudinal; 2, judicial interpretation of criminal legislation is not contrary to the intent, not a substitute for the legislation law. (B) to adapt the principles of Crime and Punishment Adapt the principles of crime and how crime is committed, how much they should bear criminal responsibility, rather the imposition of the severity of the penalty, a felony subject to heavy penalties, misdemeanor light punishment, crime and punishment commensurate punishment when the severity of the offense law. (C) all applicable law, the principle of equality Applicable law, the principle of equality refers to any crime, are equal before the law, the law does not allow anyone the privilege beyond the law.
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Interpretation of the Criminal Code
Interpretation of criminal law, is to clarify the meaning of the Criminal Law Act. Criminal Law to explain why, mainly because of the provisions of the Criminal Code has a certain abstract and stability, but real life is both varied and complex of the law. To make the abstract, this law applies to specific cases, the judicial activities to keep up with changes in objective circumstances, we need to interpret the law on the Criminal Law. There are two main categories: Explained by the effect of a ﹑ classification, can be divided into legislative, judicial interpretation and the interpretation of academic interpretation Legislative interpretation is that by the highest legislative body National People's Congress and its Standing Committee's interpretation of the meaning of the Penal Code Act. Interpretation of criminal law legislation, including the following three methods. 1 ﹑ provisions in the Penal Code relating to criminal law terminology used by the Interpretation Act. 2 ﹑ by the state legislature in the drafting of laws or a description that explained in the law. 3 ﹑ implementation of criminal law in the event of ambiguity, interpretation of law by the NPC Standing Committee. Judicial interpretation, is the highest judicial organ of the criminal law's interpretation of the meaning of law. The right to a judicial interpretation of the Supreme Court and the Supreme People's Procuratorate law. Theoretical explanation, is the propaganda by the State, Social Organization ﹑ teaching and research units, or experts and scholars from the doctrinal explanation of the meaning of the Penal Code Act. Theoretical interpretation of the law is not binding law. Second, to explain the method of classification by ﹑ can be divided into Arts and explain the interpretation and reasoning Arts and interpretation, is the meaning of legal provisions, including the concept of the word ﹑ ﹑ terms, the explanation from the Arts and the law. Logical explanation is in accordance with the spirit of the legislation, contact the relevant circumstances, the explanation from the logical method.
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Effectiveness of the Criminal Code of space
Effectiveness of the Criminal Code of space, refers to criminal law and human effects on the local law. It is clear the scope of national criminal law jurisdiction. The scope of criminal jurisdiction on the national space principles are: 1 ﹑ territoriality principle, that is simply on a geographical standard, all areas in their national criminal law are applicable criminal law. Otherwise, do not apply its criminal law. 2 ﹑ personality principle, that is just on the nationality of the standard, any national who commits a crime in their areas, whether inside or outside its territory, both for their own criminal law; where foreigners who commit crimes, even in their own fields, but also does not apply its criminal law. 3 ﹑ protection principles, from protecting their own interests, or citizens of all countries against the interests of their crimes, whether crimes are domestic or foreign, and whether the crime was committed is within its territory or its territory, the application of national criminal law are . 4 ﹑ universal principles, from protecting the common interests of the international community that any treaty against international conventions protecting ﹑ the common interests of the international community, crime, whether the offender is also foreign nationals, regardless of whether the crime was committed in its territory or within its territory In addition, all applicable national criminal law. 5 ﹑ comprehensive principle, those who commit crimes within its territory, whether nationals or foreigners, are subject to national criminal law; nationals or foreigners outside the territory of a crime in the country, under certain conditions, but also to its criminal law. Article 6 of the Criminal Code, where a crime in our area, unless there are special provisions other than the law, promulgated by law. Within the borders of the field means the total space of all body areas including: (L) land, which borders the land within the law and its basement. (2) territorial waters, the territorial sea and internal waters to the lower law. Within the internal waters, including inland lakes ﹑ ﹑ seas as well as with foreign countries as part of the water sector (usually the center line of the river as the boundary, if it is a navigable river, places the centerline of the main channel for the sector) method. Territorial waters, according to our government in August 1958 4 Statement of purpose, a width of 12 nautical miles of territorial law. (3) airspace, that is, over territorial land and waters of the law. The following two sections are an extension of our territory for our criminal law: first, China's ship, aircraft or other aircraft, whether or not the vessel or aircraft navigation or parked in any location laws. Second, our embassies law. Criminal act or a consequence of a place in our field to consider is the area of criminal law in our country. Including three cases: (1) the implementation of criminal acts in our country, but the consequences of the crime in foreign countries, such as in the territory shot and wounded outside personnel; (2) criminal acts committed abroad, but the results in our country, such as from the outside to the inside opened fire, killing the victim within the criminal; (3) the results of criminal behavior and criminal law occurred in our country. Criminal Law Article 6 the following four exceptions: 1 ﹑ enjoy diplomatic privileges and immunities of foreigners in criminal, through a diplomatic solution method. Diplomatic representatives of the spouses and minor children of immunity can be expressly waived by the Government of the sending method. Such as crime, you can apply to the Criminal Law Act. Solution through diplomatic channels have a deadline to leave ﹑ ﹑ declared persona non grata and recall law requires contributors. 2 ﹑ autonomous areas can not be fully applicable to the criminal law, by the autonomous region or province, according to the local National People's Congress, the political, economic, cultural characteristics and the basic principles of this Law, formulate contingent or supplementary provisions, submitted to the National People's Congress for approval and implementation method. 3 ﹑ criminal law enacted by the legislature after the implementation of the national provisions of criminal law in particular. 4 ﹑ according to the Hong Kong SAR, Macau Special Administrative Region of the exceptions to the provisions of the Criminal Law shall not extend to Hong Kong and Macau law. Our citizens in our area who commit the crimes of this Law, this Law shall apply law. But the maximum penalty under the Penal Code for the 3 years of imprisonment, can not be dealt with law. That is the main provider for the specific state of the field of personnel and military personnel who commit crimes in this Act, all applicable criminal law of China. Outside the territory of our citizens in the crime, according to this Law shall be held criminally responsible, even after the foreign trials can still be prosecuted under the Criminal Law, but has already received criminal punishment in a foreign country, may exempt or reduce the penalty method. This requirement not only safeguard the judicial sovereignty, but also to avoid double punishment law. Outside the territory of foreigners in our country or citizens of our country of crime, the statutory minimum sentence of 3 years imprisonment may be applied to China's criminal law, but in accordance with the laws of the crime was committed is not punishable, except law. For our international treaties concluded or acceded to the crimes provided for, our treaty obligations in the context of the exercise of criminal jurisdiction, applicable law in Criminal Law.
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The Criminal Law
Criminal Law of the sentence refers to all criminal acts with the struggle to defend national security and defending the people's democratic dictatorship and the socialist system, protection of state property and collective property of working people and protect all property of private citizens to protect ﹑ personal rights of citizens of democratic rights and other rights, to maintain social order, economic order, and ensure the smooth progress of socialist construction law. Specifically, the following four aspects: A ﹑ safeguarding national security and defending the people's democratic dictatorship and the socialist system method. Second, the socialist economic base ﹑ protection law. Three ﹑ ﹑ protected personal rights of citizens of democratic rights and other rights law. Four ﹑ maintain social order method.
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Effectiveness of the Criminal Code of the time
Criminal law to take effect, there are two provisions of ways: First, from the date of publication; Second, after a period of time after the publication of the purposes of law. Criminal Law in July 1, 1979 through, issued July 6, from 1 January 1980 with effect; March 14, 1997 through the effective date of the new Criminal Code provisions in the Penal Code section 452, that is, 1997 effective October 1 method. The failure time of the Penal Code, there are two ways: First, the state legislature explicitly declared that failure of certain laws; the second is the natural failure, that the promulgation of the new law replaced the old method of similar content, or the disappearance of the special conditions of the original legislation, the old law automatically invalidated law.
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Retroactivity of Criminal Law
Retroactive effect of criminal law is the Penal Code took effect, how to apply in criminal behavior before it becomes valid. Entry into force in criminal behavior, criminal law should follow the following rules apply: First, in September 30, 1949 after the October 1, 1997 to act before the entry into force of the criminal law for the crime and the law before the effective date is not considered a crime, the applicable law at that time, entry into force the behavior of the criminal law does not have retroactive effect, that is not the behavior of conviction and sentencing; Second, in September 30, 1949 after the October 1, 1997 to the previous behavior, when the law considers a crime, and criminal law in force should also be prosecuted according to law finds, in accordance with the law at the time conviction and sentencing provisions, not in accordance with the conviction and sentencing of criminal law provisions in force; Third, in September 30, 1949 after the October 1, 1997 to the previous behavior, when the law considers a crime, and after the commencement of the criminal law that is not a crime, or it is considered a crime, but lighter punishment, according to the criminal law after the entry into force of conviction and sentencing, the criminal law will come into force with retroactive effect to the act; Fourth, criminal law, effective until the people's court has been made in accordance with the law was effective judgments, criminal law does not apply force, which entered into force before the entry into force of criminal law decision of the criminal law has no retroactive effect. Generally speaking, the penalty is retroactive effect, follow "from the old criminal liability."
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Failure of the criminal law
Failure of the criminal law, criminal law is the law have lost the force of law. Criminal lose the force of law, the crime of failure will not occur after the application of the loss of binding law for criminal acts. Failure of the Criminal Code are the following: Invalidated due to repeal a law ﹑. "Criminal Law" four hundred and fiftieth two articles listed in Annex I to this Law, the NPC Standing Committee has enacted regulations ﹑ supplementary provisions and decisions have been incorporated into this Law or are not applicable to the implementation of this law date, be repealed law. Included in Annex I to this Law, Regulations ﹑ total of fifteen supplementary provisions and decisions, because of its content into the Criminal Code, or out of date does not apply, since the cause of the effective date of the Penal Code expressly abrogated the failure of the Criminal Code Act. Second, the legal alternative ﹑ invalidated by other methods. "Criminal Law" four hundred and fiftieth two articles, Annex II to this Law, the National People's Congress Standing Committee supplementary regulations and decisions shall be maintained, including the relevant administrative punishment and administrative measures shall remain in force; the criminal The provisions have been included in this law shall be in force from the date of this Law shall apply the provisions of law. Included in Annex II, there are eight single criminal law, some of which have been included in the criminal law of criminal responsibility has been replaced by criminal law, since the effective date of the Criminal Code, Criminal Code is replaced in the eight-line part of the relevant criminal law would lose the force of law. Third, Amending the failure of law. 1979 of the Penal Code, was amended in 1997, since October 1, 1997, the 1979 criminal law ineffective and no longer binding on crime, replaced by a revised after the entry into force October 1, 1997 implementation of the Criminal Law. Criminal Law in March 14, 1997 shall come into force on October 1 ﹑ announced after the National People's Congress Standing Committee in 1999 ﹑ ﹑ II II OO OO a year two years three and two ﹑ II OO OO Six have been part of the criminal law has six terms of the amended provisions after the date of its publication, the terms were revised since the publication date of the failure of law.
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Entry into force of criminal law
Entry into force of criminal law, criminal law is the starting time force of law. The effective time of the Penal Code has two provisions: One does not take effect immediately after the announcement ﹑ to provide over time a day after the Act came into force. "Criminal Law" is March 14, 1997 release, but in effect October 1, 1997 to take effect, it is because the provisions of the Criminal Code ﹑ complex, content rich is not easy to spread, publish not take effect after, after a period of propaganda study, the popularity of certain procedures take effect, it can bring the criminal law against ﹑ shock proactive role. Second, the date of publication ﹑ law. The entry into force of the criminal law generally refers to special criminal law, that is, an event for a time the single ﹑ criminal law, criminal law provisions of such single ﹑ less, content popularity and easy to master, such as the "Decision on Drug Control", "on the non- Prostitution decision "belong to the date of publication of the single criminal law. When the Criminal Code entered into force, will be the last in the criminal law provisions to say so, "Criminal Law" Supplementary four hundred and fiftieth two articles: This Law shall October 1, 1997 shall come into force; "Decision on Drug Control" Article XVI of this decision into effect from the date of publication of law.
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General and special criminal law
General criminal law of all criminal legal norms, including: (1) of the Criminal Code. (2) separate criminal statutes. The NPC Standing Committee, adopted December 99 "on the punishment of fraudulent purchase of foreign exchange, evasion, and illegal trade in foreign criminal decisions." (3) subsidiary of Criminal Law. Non-criminal legislation that criminal liability provisions. For example, the "Price Law" Article 46: Price of staff leaking state secrets, commercial secrets, abuse of power, corruption, dereliction of duty, bribery constitutes a crime, should be held criminally responsible. "Price Law" are administrative law, but because of 46 criminal responsibility related to the terms, are subsidiary penal norms, therefore, are broad areas of criminal law. Criminal Penal Code refers only to narrow. That under the Eleventh National People's Congress Standing Committee of the Seventh Meeting of February 28, 2009 by the "Criminal Law Amendment (g)" revised. Talked about teaching criminal law is a narrow criminal law.
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Criminal law in the judicial examination of the scores
Criminal Justice examinations is still one of the largest sub-subjects, if the candidates _select_ed for the fourth volume is the seventh title of the second question, then the criminal law of the score reached 103 points! Legal Education Network tutor Professor Wei Jingmiao say "severe Scale, the light value of light" is really the case. 2008 Criminal Investigation of the kinds of questions including multiple choice, multiple choice, multiple choice volatile items, case studies and essay questions raised, of which Volume II 1 of the multiple-choice questions to 20 questions of criminal law question, a total of 20 points inspection , the first 51 multiple choice questions to 65 questions were investigated by 30 points, variable item multiple-choice questions 91 to 94 total visits 8 points title, title IV of the second score of 20 points, seventh title The second question 25 points, totaling 103 points.
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Encyclopedia
xingfa Criminal Law criminal law One of the important modern state of the Basic Law, the ruling class by virtue of the provisions of the State's coercive power of what acts are criminal and criminal penalties imposed on the legal norms. Penal Code also refers to the narrow one. There are four types of human history, the criminal law. The pre-capitalist feudal system of slavery in criminal law and criminal law, criminal law and capitalism, socialism criminal law. Pre-capitalist slave criminal law and criminal law, including criminal feudal society. They have three common salient features: Hierarchy that is in strict accordance with the provisions of the parties as to the penalty level. China from the 21th century BC into slavery society. Under this system has developed a series of repressive slave laws, the so-called political chaos of summer there, but for Yu punishment; providers have in politics, and punishment for the soup; Zhou political chaos, and for nine penalties. Master class openly "ceremony no less than common people, punishment is not the doctor," the principle of hierarchy and privilege. This idea was later absorbed by the feudal society and the inherited legislation. For example, the system of the Han have first call, that the privileged nobility and officials guilty of more than six stone, approval must first petitioned the emperor to be arrested, interrogated and sentenced; Tang, Song and other provisions corresponding to the DPRK proposal, please do not make torture by those who , was sentenced nobles, officials required items can be _set_ off against the official penalty (see official when) or free access to excellent. Officials and civilians for the same crime, the punishment is unfair. Regulations for the civilian anti-feudal nobles, officials, have adopted the principle of increasing punishment. Nobles, officials killing civilians, then according to first call should be proposed, please cut and excellent system of free treatment. Legislation is also a hierarchy of ancient foreign. 18th century BC Babylon, "Code of Hammurabi," provides that the identity of the victim by the perpetrator level of the penalty provisions. Such as the Code states: "The Eye of Destruction free man who lost his own eye damage" (Article 196), "the bones of people who break free, break its own bones" (p. 197); and "Destruction of Civilian Civilian eye or broken bone, the compensation that a bank (the amount of Babylon system) "(p. 198)," Destruction of the eye or the other slaves Slave broken bone by others, and a half "(p. 199). In Roman law, freedom also have high and low level of points. Such as murder, the former only at the island prison sentence, while the animals on the latter sentence to impose. 5th century Frankish "Sa Like Code" also has provisions by level of punishment. Good at breaking crime regardless of the judge or sovereign law, conviction and sentencing by individual will. Ancient China did not open in the statute, the "rules of procedure to the system" ("Zuo Zhao Gong six years"), but with an open statute, the officials still do not decide cases according to law, the emperor's will, commands, is the law of a forms, the legal effect even above the law above all else. In Europe, crime is not only good at breaking the existence in the monarchies in the republic is also prevalent, such as ancient Greek law, the judge can decide the provisional crime based on personal conviction and sentence. 18th century capitalism, the bourgeois criminal law, and J.-J. Rousseau, Montesquieu and other thinkers, anti-feudal political views with the fit, in terms of criminal law theory put forward many new ideas. Montesquieu claims the referee judges should be strictly based on law, does not allow judges to interpret the law, the penalty must fit the crime and the Light Punishment. Rousseau against the feudal system and the difference between the level of indiscriminate punishment in favor of limiting the application of the death penalty, and the "Social Contract" elaborated the argument against the death penalty. After them, the bourgeois theory of criminal law has several main schools: Classical school of criminal representative of CB Beccaria in Italy and Germany P.von Feuerbach (177
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English Expression
n.: penal code; criminal law, criminal code, penal code, criminal law, crown law, penal laws, punitive laws, penal law, the penal `code, torture, deliberately inflicting severe pain, as a punishment or in order to force sb to say or do sth, punishment
French Expression
n. code pénal , loi pénale
Thesaurus
the Court of Common Pleas elisor torture, a constrained confession, third degree, torture dragoon
Sun Yat-sen