táo bīnɡ (1) without permission from the army soldiers. (2) [analogy] for fear of difficulties people out of jobs. First, the concept and its components Troops fled the crime, in violation of military regulations refer to flee troops, serious behavior. (A) Objective Elements Object of this crime is the country's military regime. China's "Constitution" provides that to defend the motherland and resist aggression, is the lofty duty of every citizen. Military service in accordance with the law, is the honorable duty of citizens. "Military Service" on how the citizens of military service obligations detailed, specific provisions must comply with the specific requirements of active duty military rules and regulations, dedicated, ready to fight for the defense of the motherland. Military service in accordance with law, must strictly abide by military regulations, perform military duties, shall flee forces. Otherwise, serious violations of national law military service system, damage to the interests of national defense. (B) the objective elements The objective aspect of crime in the performance of acts of violation of military regulations, the implementation of the fleeing troops, serious behavior. Violation of military regulations refers to violations of China's "constitution", "National Defense Act" and the "Military Service" and other regulatory requirements of military servicemen must effectively implement the provisions of military service obligations. Fleeing troops refers to evade military service and out of troops. Behavior troops fleeing There are two basic ways, one is a way that the original actors in the armed forces, without the approval of the unauthorized leave the army; another is not a way that the perpetrator had left the army approved, but refused to rejoin overdue, if the perpetrator does not rejoin after the expiration of leave family visit, and some do not heal rejoin hospitalized after discharge, and some job transfer or assign the students refused to leave the unit after the original report and other new units. Escape behavior forces must meet the circumstances are serious extent, constitutes the crime. The so-called serious and generally refers to the commanding officers or other personnel play an important role fleeing troops, instigated people or coercing others fleeing troops; perform important tasks during the troops fleeing troops; disciplined by fleeing troops still repent again fleeing troops; fleeing troops longer duration of Education refused to rejoin; After fleeing troops engaged in illegal activities in the community; After fleeing troops leaving the country without permission, etc.. (C) the main elements The subject of this crime as a special subject, serving active duty officers that the PLA officers, civilian cadres, soldiers and cadets with military status and the Chinese People's Armed Police Forces, civilian cadres, soldiers and cadets with military status and the reservists to perform military tasks and other personnel. Upon retirement from active military personnel, and other non-military, like that, do not constitute the main body of the crime. In view of the provisions of Article 376, paragraph 1, has been devoted to the wartime reservists who refuse to evade military recruitment or training of a crime, so reservists during peacetime military missions without leave, to refuse to perform military tasks, then the crime should not be be held criminally responsible; wartime unauthorized leave, refusing to perform military tasks, can be held criminally accountable directly to the provisions of this Act pursuant to section 376, paragraph 1, it can not be the subject of crime reservists this crime. (D) the subjective element Subjective aspects of the performance of willful sin, and can only consist of direct intent. That the perpetrator know that their behavior would infringe the country's military regime and want this outcome. It is the behavior of people in defiance of the country's military regime dominated subjective awareness, intent to evade military service obligations. The perpetrator fled the subjective purpose forces have varied: some would like to get rid of tension barracks hard life, some individuals for some purposes but not reached to flee to vent their dissatisfaction with the way the troops, and some have been criticized for scoring dissatisfaction to escape the troops to confront; some money or seek to achieve business corruption and other personal purposes fleeing troops. Regardless of the motivation for what purpose the behavior of people, their country against the military regime of direct intent are obvious. Second, identify (A) to distinguish the boundaries Zuiyufeizui The key difference is that the behavior of the troops fled the circumstances are serious. For the plot to escape without serious acts of force, in violation of military discipline should be handled by. (B) the implementation of other military forces have fled the crime convictions When military forces or fled to escape the troops after the implementation of other crimes conviction issues should be treated differently to different circumstances. If the behavior of the military forces fleeing itself serious enough to constitute the crime of fleeing troops, and other criminal acts and their implementation should be graft; If the behavior of the military forces fleeing the plot itself is not serious, you can escape the troops as other crimes behavior aggravating circumstances punishment, sin no longer be fleeing troops. Boundaries (c) The distinction between crime and sin collaborators mutiny The difference between the two crimes is that: 1, the main elements are different. The subject of this crime as a special subject, only a soldier; and collaborators mutiny subject to the general subject of sin, can be both Chinese soldiers may also be other Chinese citizens. 2, collaborators mutiny requires that the perpetrator must be based on the crime of endangering national security for the purpose of implementing the collaborators renegade behavior, regardless of the perpetrator being seduced, instigated, buy, or can not stand the test of captured after his arrest, and fleeing troops only for the performance of the troops fled the crime, no collaborators renegade behavior. If military forces fled after he alleged collaborators of endangering national security for the purpose of mutiny, which is not only committing troops to flee the crime, but the crime committed mutiny collaborators, the general should choose a felony crime that collaborators mutiny sentencing. (D) to distinguish between the crime and the crime of desertion in wartime boundaries Both may be guilty of the crime for a similar motive for the crime, such as the fear of war, the objective and may to some extent from the troops, the difference is whether when faced with the task of crime fighting. The former refers to the usual, even occur in wartime, are also not faced concrete, specific combat missions, such as troops are moved into the theater or theater break standby, etc.; while the latter must be faced with specific and clear combat mission, so only occur in wartime and the battlefield. (E) to distinguish between the crime and the crime of trespassing the boundaries from military duty Both crimes have unauthorized leave performance. The main difference is intentional crime in addition to the former, the latter is criminal negligence, the troops fled the crime is a crime subject to all servicemen, their behavior violated the law is active duty military service duty requirements, the perpetrator must have left the armed forces; objective the requirements have not caused serious consequences, and unauthorized absence from military duty subject of the crime is limited to commanding officers and personnel on duty, their behavior while serving as command and on duty tasks, which is a violation of command and on duty special duty personnel requirements, the perpetrator just leave specific jobs, not required to leave the army, you must have serious consequences. (F) to distinguish between the crime and the crime of military defectors boundaries Both criminal behavior has to leave no return. The main difference is that the former in order to evade military service for the purpose, does not require fled abroad; the latter, for the purpose of betraying the motherland, and must fled abroad. Soldiers defected act itself must contain the fleeing troops behavior. Therefore, the applicable law should be based on the principle of absorption of a misdemeanor of felony, to be punished for the crime of defecting soldiers, troops can no longer be implemented to flee the crime concurrence. Third, punishment Guilty of this crime, three years imprisonment or criminal detention. Wartime guilty of this crime, at more than seven years in prison