"The unit crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph."

   The criminal law amendment (six) tenth, (in article 175th of the criminal lawCrime of relending at high interest rate)After adding aIn this article, as the third paragraph, paragraph fourth, provides that "the loan, the banks or other financial institutions by deception, acceptance, credit guarantee, to the bank or other financial institutions caused heavy losses or other serious circumstances, is less than three years imprisonment or criminal detention, a fine or a single penalty gold; to banks or other financial institutions especially heavy losses are caused or other especially serious circumstances, three years less than seven years imprisonment, fined.

  "The unit crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph".

A, amendmentThe new trap financial loans, financial bill crimes, andProvides for individual and unit crime case, through punishment and deterrent to lure financial crimes, to maintain the order of financial management, guarantee the positive significance of financial security.

　　Eleven, the article 182nd of the criminal law is amended as: "any of the following circumstances, manipulation of the securities and futures market, if the circumstances are serious, is less than five years imprisonment or criminal detention, or be fined; if the circumstances are especially serious, five to ten years in prison, fined:

"(a) individually or in collusion, financial strength, holding or positions or the advantage of information superiority to jointly or continuously trading, manipulation of securities, futures prices or securities, futures trading volume;

"(two) in collusion with others, to the predetermined time, price and mode for securities, futures trading, securities, futures trading prices of securities, futures trading volume or;

"(three) for securities transactions between their actual control account, or to themselves as the transaction object, since the buy from sell futures contracts, affecting the securities, futures prices or securities, futures trading volume;

"(four) the manipulation of securities, futures markets by other methods.

"The unit crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph."

   The criminal law amendment (six) eleventh, the article 182nd of the criminal law (criminal law amendment (sixth) manipulating the trading prices of securities, futures crime) "To obtain illegitimate interests or the transfer of risk"PartDeleteThe fine, standard"More than five times the illegal income below"PartDeleteAt the same time"If the circumstances are especially serious"The situation, and the corresponding provisions of sentencing range," more than five years to ten years in prison, fined ", will also be four case behavior of this crime to have different degree increase, delete or adjustment, at the same time, the unit crime sentencing extends to second.

A, amendment increased the behavior of stock market manipulation, will"Since the typical methods of listed stocks ", will effectively regulate market behavior.

B, this articleIncrease the penalty for this crime, the highest can be sentenced toDecadeAt the same timeCancel the fine standard provisionsAuthority will be transferred to the people's court, the specific operation.

C, amendmentExpand the scope of the crime of rigging the market, willNo longer limited to manipulating the trading prices of securities, futures crime in the originalThe criminal law, criminal and from the macro level completely against the manipulation of the securities, futures market.

　　Twelve, in article 185th of the criminal law. After adding a, as one of 185th ": commercial banks, stock exchanges, securities companies, futures exchange, futures Broker's Firm, insurance company or other financial institutions, the breach of fiduciary duty, unauthorized use of client funds or other trust, the trust property, if the circumstances are serious, shall be sentenced to a fine, and the person in charge directly responsible and other directly responsible personnel, is less than three years imprisonment or criminal detention, a fine of thirty thousand yuan three hundred thousand yuan fine; if the circumstances are especially serious, department for more than three years to ten years in prison, a fine of fifty thousand yuan and five hundred thousand yuan fine.

"The public fund management institutions of social security fund management institutions, housing provident fund management institutions, as well as the insurance company, Asset Management Co, insurance, securities investment fund management company, in violation of state regulations, use of funds, the directly responsible persons in charge and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph."

   The criminal law amendment (six) twelfth, in article 185th of the criminal law (Amendment of criminal law (seventh)The crime of misappropriation of funds, misappropriation of public fundsAfter adding a)In this article, as the third paragraph, fourth paragraph, provisions of the "commercial banks, stock exchanges, securities companies, futures exchange, futures Broker's Firm, insurance company or other financial institutions, the breach of fiduciary duty, unauthorized use of client funds or other trust, the trust property, if the circumstances are serious, shall be sentenced to a fine, and personnel in charge the directly responsible and other directly responsible personnel, is less than three years imprisonment or criminal detention, a fine of thirty thousand yuan three hundred thousand yuan fine; if the circumstances are especially serious, three to ten years in prison, a fine of fifty thousand yuan and five hundred thousand yuan fine.

"The public fund management institutions of social security fund management institutions, housing provident fund management institutions, as well as the insurance company, Asset Management Co, insurance, securities investment fund management company, in violation of state regulations, use of funds, the directly responsible persons in charge and other directly liable persons shall be punished in accordance with the provisions of the preceding paragraph".

A, amendment of the criminal law article 185thAn important supplement to the crime of misappropriation of funds and the crime of embezzlement of public funds,The securities industry common phenomenon and the establishment of its establishment, breach of trust, isIn the light ofThe unit crime.

B, amendment"Unauthorized",Has not been subjected to any customer or client consentApplication.Should include "use, dynamic branch, extraction, misappropriation of property punishment" etc..

C, an amendment is the basic legal relationship between securities market -- trust or fiduciary relationship, and make embezzlement crime, and public funds management, management organization of the misappropriation of the funds into the hit list, will effectively deter crime, the protection of clients and public interests.

　　Thirteen, the article 186th of the criminal law. The first, the second paragraph is revised as follows: "the bank or other financial institution staff in violation of state regulations, a huge amount of loans, or cause a major loss, is less than five years imprisonment or criminal detention, a fine of ten thousand yuan to one hundred thousand yuan fine; if the amount involved is especially huge or serious loss, department for more than five years in prison, a fine of twenty thousand yuan and two hundred thousand yuan fine.

"The bank or other financial institution staff in violation of state regulations, loans to related people, according to the provisions of the preceding paragraph shall be given a heavier punishment."

    The criminal law amendment (six) thirteenth, is the first paragraph of article 186th of the criminal law (Crime of illegally granting loans to connectionsParagraph (second)Crime of illegal loans)Two crime merge as a crime, will"To make loan to connections", asThe "severe punishment"Behavior, and increase the "huge amount", "huge amount" case.

A, the amendment willTwo for sin as a punishment, and increase the operability, embodies the scientific rigor, legislation.

B, this crime, the author thinks that can be considered as "illegal loaning crime", the specific charges also remains to be the Supreme People's court and the highest detection combined to make supplementary provisions agreed on this crime.

　　Fourteen, the article 187th of the criminal law is amended as: "the bank or other financial institution staff absorption customer funds not accounted for the amount is huge, or cause a major loss, is less than five years imprisonment or criminal detention, a fine of twenty thousand yuan two hundred thousand yuan fine; if the amount involved is especially huge or especially heavy losses are caused, at the for more than five years in prison, a fine of fifty thousand yuan and five hundred thousand yuan fine."

    The criminal law amendment (six) fourteenth, is the first paragraph of article 187th of the criminal law (with their clients' money illegal lending, loans to the crime) "to profit for the purpose of" and "of funds for lending, loans" partially removed, and increase the behavior of "huge amount", "huge amount" case.

A, the amendment will describe the purpose and use the part removed, further expanded the scope of application of this crime, crime will be from the original "with their customers only adjustment lending of funds, loans, as long as the" expansion "customer capital is not recorded absorption", "huge amount" or "significant loss", i.e. constitute a crime.

B, this crime, the author thinks that can be considered as "illegal use of customer funds crime", to reflect the essential characteristics, and also the twelfth amendment charges (units in the illegal use of client funds crime) distinction, the guilty also remains to be the Supreme People's court and the highest detection combined to make supplementary provisions unified recognition on this crime.

　Fifteen, the article 188th of the criminal law is amended as: "the bank or other financial institution staff in violation of regulations, a letter of credit or other guarantee, bill, certificate, proof of credit for others, if the circumstances are serious, is less than five years imprisonment or criminal detention; if the circumstances are especially serious, department for more than five years in prison."

  The criminal law amendment (six) fifteenth, is the first paragraph of article 188th of the criminal law (illegal issuing financial coupons crime) "Caused great loss "and" caused heavy losses"Amended as"If the circumstances are serious "or" if the circumstances are especially serious".

A, the amendment will"The loss of "change" plot", aimed at expanding the behavior of this crime, but easily lead to the actual operational inconvenience, can only be the legislative or judicial interpretation to solve.

 

　　Sixteen, the article 191st of the criminal law is amended as: "knowing is the drug crimes, organized crimes of the underworld, terrorist crimes, the crime of smuggling,The crime of corruption and bribery, the destruction of financial management order, crime of financial fraudThe income and its benefit, to cover up, conceal the source and nature, one of the following acts, confiscate the implementation of the crime income and its benefit, is less than five years imprisonment or criminal detention, or impose a single amount of money laundering more than five percent below twenty percent fine; if the circumstances are serious, department for more than five years ten years in prison, and impose a fine of more than five percent twenty percent of the amount of money laundering:

"(a) to provide capital account;

"(two) to assist in the transfer of property into cash, financial instruments, securities;

"(three) to transfer funds through transferring accounts, or other ways of settling accounts;

"(four) to remit funds to;

"(five) other ways to cover up, conceal the proceeds of crime and the sources of income and property."

   The criminal law amendment (six) sixteenth, is the first paragraph of article 191st of the criminal law (criminal law amendment (three) (seventh)The crime of money laundering) increase the upstream crimes of corruption and bribery ", the destruction of financial management order, crime of financial fraud",And delete the repeat the proceeds of crime "illegal", at the same time, this article (two) Xiang ZhongAdd regulations of property transfer forms of "securities".

A, amendment increased the species of the upstream crimes of the original amendment,The drug crimes, organized crimes of the underworld, terrorist crimes, the crime of smugglingThe four kinds of crime,Extended toThe crime of corruption and bribery and financial crimes (the destruction of financial management order, crime of financial fraud),In order to increase the anti money laundering, anti-corruption efforts, timely stop the outflow of funds.

B, amendment failed to adopt the draft in the two paragraph of this article to improve the unit crime sentencing recommendations, even regret, is not conducive to the fight against organized crime of money laundering behavior.

　　Seventeen, in article 262nd of the criminal law. After adding a, as one of 262nd ": by violence, coercion or organization for the disabled minors under the age of fourteen to beg, is less than three years imprisonment or criminal detention, and shall also be fined; if the circumstances are serious, department for more than three years of less than seven years imprisonment, fined."

   The criminal law amendment (six) seventeenth, in article 262nd of the criminal law after increasing a, as this article second, stipulates "by violence, coercion or organization for the disabled minors under the age of fourteen to beg, is less than three years imprisonment or criminal detention, and shall also be fined; if the circumstances are serious, place more than three years to seven years in prison, fined".

A, amendmentThe new compulsory begging crime, and qualifiedBegging forDisabled persons or minors under the age of fourteenA powerful blow, will be organized illegal begging behavior, safeguard the legitimate rights and interests of the disabled and minors.

B, amendment increased forced begging crime, is linked to "Public Security Management Punishment Law".

　　Eighteen, the article 303rd of the criminal law is amended as: "for the purpose of profit, gambling or the gambling industry, is less than three years imprisonment, criminal detention or control, and shall also be fined.

"Casinos, is less than three years imprisonment, criminal detention or control, and shall also be fined; if the circumstances are serious, department for more than three years of less than ten years imprisonment, fined."

   The criminal law amendment (six) eighteenth, the article 303rd of the criminal law (gambling) "casino" behavior on the other book a paragraph, and set new sentencing range, for "serious", "three years to ten years in prison, fined".

A, the amendment will open a casino crimeThe maximum penalty from 3 years to 10 yearsAdded to this kind of crime, punishment and crackdown.

B, gambling and gambling crime is based on the different kind of state, so the casino crime shall be convicted as appropriate, can be considered as "the crime of opening casinos", this has to be the Supreme People's court and the supreme inspection can be separate provisions the crime.

　　Nineteen, the article 312nd of the criminal law is amended as: "knew perfectly well that is the crime income and its benefit and to be harboring, transfer, acquisition, sale or for other ways to cover up, conceal, is less than three years imprisonment, criminal detention or control, or only be fined; if the circumstances are serious, department for more than three years less than seven years imprisonment, fined."

  The criminal law amendment (six) nineteenth, the article 312nd of the criminal law (Harboring, transfer, acquisition, sale of stolen goodsThe object of the crime)"The proceeds of crime"Amended as"The proceeds of crime and its benefit", increased" behavior of serious circumstances ", and the provisions of the sentencing range" for more than three years to seven years in prison, fined".

A, the amendment will"Stolen goods"Amended as"Income and its benefit", in line with the principle of legality, excluding the presumption of guilt, the" proceeds of crime "to describe more objectively, and with science.

B, the amendment will be theThe maximum penalty from 3 years to 7 yearsAdded to this kind of crime, punishment and crackdown.

 

　　Twenty, in article 399th of the criminal law. After adding a, as one of 399th: "take the duties, deliberately contrary to facts and the law in the arbitration of pervert the law ruling, if the circumstances are serious, is less than three years imprisonment or criminal detention; if the circumstances are especially serious, Department for more than three years to seven years in prison."

   The criminal law amendment (six) twentieth, increases one in article 399th of the criminal law, as this article fifth, provides a "bear the arbitration duties, deliberately contrary to facts and the law in the arbitration of pervert the law ruling, if the circumstances are serious, is less than three years imprisonment or criminal detention; plot particularly serious, department for more than three years to seven years in prison".

A, amendmentThe new arbitration personnel crime of misuse law in Adjudication, is a strong supplement perverting the law on criminal law, legislative structure to improve the criminal judicial personnel, arbitrators, the arbitration to guarantee the normal activities will play a positive role.

B, the sentencing range, and markedly different amplitude crime sentencing in the judicial activities, is to distinguish the two referee act based on the nature and the social consequences of different and, in accordance with the principle of suiting punishment.

 

　Twenty-one, the amendment shall take effect from the date of.