The Supreme People's Court on the court to maintain the countryside "

"Notice of stable criminal trial work forum

(method 1999) (No. 217)

The provinces, autonomous regions, municipalities directly under the central government, the Supreme People's court, PLA military court, the production and Construction Corps Branch of the higher people's Court of the place of the Xinjiang Uygur Autonomous Region; all intermediate people's courts, military courts each big unit, the Xinjiang production and Construction Corps, the intermediate court:

The national court to maintain rural stability of criminal trial work summary of the forum issued, please carry out seriously.

October 27, 1999

The national court to maintain rural stability of criminal trial work summary of a panel discussion

In order to implement the party's Third Plenary Session of the fifteen Central Committee of Communist Party of China made "several major issues concerning agriculture and rural work of the decision" (hereinafter referred to as the "decision") in 1999, the Supreme People's Court on August held in Shanghai National High Court Dean Forum (hereinafter referred to as the "Shanghai Convention") on the promotion of people's court reform, cogent the people's court work focus on the spirit, to further explore and develop the criminal trial principle for the stability of rural areas and agriculture development service, the Supreme People's court in September 8, 1999 to 10 in Shandong Province, Ji'nan city held a national court maintain rural stability of criminal trial work forum. The meeting was attended by all provinces, autonomous regions, municipalities directly under the central government, the higher people's court vice president in charge of criminal trial work of criminal trial judge. The PLA military court and the higher people's Court of the Xinjiang Uygur Autonomous Region production and Construction Corps Branch also sent representatives to attend the meeting. The Supreme People's court vice president Liu Jiachen at the meeting made an important speech.

Comrade attending the meeting reviewed and discussed in recent years from the court trial of criminal cases in rural areas and experience, analysis of the current situation of rural public order and criminal cases in rural areas and farmers in the characteristics of the crime, we discuss the current trial rural major criminal cases and criminal cases of farmers should pay attention to strengthening the work of criminal justice on the current; and the next time, clear requirements to maintain rural stability is proposed, the summary is as follows:

A

The meeting considered, the stability in the rural areas is to consolidate the worker peasant alliance regime, maintain national long period of stability of the solid foundation. The development of social security, agriculture and rural areas, are changing the long peasant crime in China accounted for most of the status of the social conditions and material basis fundamentally. Since the reform and opening up, China's rural political stability, steady development of agriculture, rural public security situation is stable, which is the mainstream. But in some places, problems still affect security and stability. Its main characteristics:

One is the rural social contradiction is complicated, some leading group fights and petitions, some acute serious case crime; two are illegal religion and cult had revived in some rural township; three is the order of financial and market management of rural chaos, damage the legitimate rights and interests of farmers, serious impact on rural stability and agricultural development; four farmers due to internal production life, neighborhood disputes, marriage and family conflicts into crime situation is more prominent. This situation, if not effectively controlled, go down for a long time, will lead to the basic structure of team of Party and government in the rural areas depend on the change, unfavorable for consolidation and development of the grass-roots political power; five is the number of parts of the "tyrants", "Xiang Ba" evil forces and the feudal clan forces across the village, some criminal gangs with the underworld property, become a major source of security threat to the stability of rural areas; six is prostitution, trafficking in, drugs, gambling and other social evils spread development in some rural areas, induced a variety of criminal. The above problems, there is a certain degree of universality in the vast rural areas, some of them are still prominent, not only affects the development, reform and stability of agriculture in rural areas, and the stability of the whole society is closely related to. Particularly worthy of attention is, rural areas and farmers of criminal cases in criminal cases in the our country all criminal cases and criminal ratio increases year by year, especially in the robbery, murder, theft, damage in cases of criminals, peasants accounted for the majority, the proportion rose. The criminals sentenced to death, the proportion of farmers criminals have been rising in recent years.

The above shows, peasant crime in rural areas has become an important factor affecting social stability in China, and to a large extent determines the direction of China's public security situation. To solve this problem is actually found in China an important breakthrough to solve the problem of crime. Careful analysis of these problems, puts forward the concrete countermeasures. Is of great significance to solve the rural stability, the national social security problem.

The meeting that the trial of criminal cases, involving the rural farmers, in criminal cases, directly related to the party policy, working in the countryside in the policy can be implemented. Correctly handle this kind of case, is not only the trial work, but also a serious political problem. Therefore, strengthening the judicial work of criminal cases, criminal cases in rural farmers, rural and the maintenance of social stability, should always be important and urgent political task of a people's court faces.

Two

The meeting in the study "decision" and "Shanghai conference" documents, in combination with the judicial practice implementation of criminal law, criminal procedure law, the trial of criminal cases, some important problems of peasants' crime cases were studied, discussed. Agree, for intentional homicide, rape, robbery, intentional injury, kidnapping and other violent crime of serious harm of rural social security as well as the Mafia gangs, must continue to crack down severely and fast approach. According to the characteristics of the local social security, will often "strike hard" and concentrate on, struggle together, and always maintain the "high-pressure situation hard", effectively curb serious criminal activities to spread, make every effort to maintain the stability of rural social security. At the same time, to apply law correctly, handle the rural common multiple cases, comprehensive, correctly grasp the Party of criminal policy, agree:

(a) about the murder, intentional injury cases

To accurately grasp the murder crime death penalty standard. On the crime of intentional homicide is sentenced to death, is not only to see the causes death to the victim, but also consider all the circumstances of the case. Due to marriage and family, neighborhood disputes and other civil conflicts caused by the death penalty for the crime of intentional homicide, one must be very careful, should be with the other crime of intentional homicide case differs from the serious harm in society's social security. The victim has obvious fault or on the intensification of contradictions directly responsible, or the defendant legal lenient punishment, should generally not be sentenced to death immediately.

Must pay attention to the strict distinction of murder and mayhem. In the direct intentional homicide and indirect intentional homicide cases, subjective malignant degree of the criminal is different, the sentence should also be different from. Indirect intentional homicide and intentional injury causing death, although have caused death, but a behavior intentionally nature and content is entirely different. Do not pay attention to distinguish between the nature crime and intentional content, as long as there is death on death sentences is the wrong approach, this work in the future, should be corrected. To hurt the cause death, particularly cruel means, if the circumstances are especially serious, they may be sentenced to death.

To accurately grasp the intentional injury causing serious injury caused "severe disability" standard. According to the State Bureau of Technical Supervision in 1996 promulgated the "work-related injuries and occupation disease disability degree evaluation standard" (hereinafter referred to as the "industrial standard"), provided for in the second paragraph of the criminal law 234Th "serious disability" means any of the following circumstances: bodily organs, organ defect deformity, body organs have moderate dysfunction, resulting in serious complications. Disability program can be divided into general disability (ten to seven), severe disability (six to three), especially severe disability (two to one), level six or above as "severe disabilities". In the relevant judicial interpretations promulgated, unified reference "industrial standard" to determine the grade of disability.In practice, not only to "severely disabled" was sentenced to death, according to the specific circumstances of human injury "handicap", considering the circumstances of crime and the harmful consequences to decide the penalty. Deliberately causing serious injury cause serious disability, only crime means extremely cruel, especially serious consequences, can consider to apply the death penalty (including the death penalty, suspended for two years).

(two) about the theft cases

To focus on is: theft of agricultural means of production and management of forest, fruit trees, fish pond products is influenced and destroyed the development of rural economy crime; theft farmer life data, seriously affect the life of farmers and social stability; gang crime theft, burglary and theft, transported, group marketing through-train; theft, oil field, railway key engineering materials crime.

Ringleaders of theft, group of theft recidivists, recidivism, theft activities cause especially serious consequences, should be severely punished according to law. For the theft of cattle, horses, mules, tractors and other production and management tool or means of production, should be severely punished according to law. First, the crime of theft juvenile offenders, or because of difficulties in life and the implementation of theft, or positive return, compensation for losses, should pay attention to reflect the policy, discretionary lighter punishment. Among them, have fined or sentenced to control, probation conditions, we should distinguish the different situation as far as possible applicable regulation, fine or probation.

The Supreme People's court "about a number of issues of specific application of law in the trial of theft case explanation" section Fourth "Burglary" "households", refers to the relative isolation of the family and its members and outside living places, including an enclosed yard, for the family rented housing, herders tents and fishermen as family life places fishing boats. Set life, operating in one place, in the operating time is generally not considered as "households".

(three) about the countryside evil force crimes

The revised criminal law will be the original "hooliganism" into several charges, which provides for the corresponding punishment, more conducive to the fight against this kind of crime, also easy to operate in practice. The implementation of a variety of criminal law stipulates "rogue" behavior, constitute a crime, criminal law should be in accordance with the revised charges were convicted of a crime, according to the principle of cumulative punishment. The gang members are relatively fixed, by means of violence or threat, dominate the party, oppressing the people, take charge "protection money", generation to debt collection, illegal forced contracting and other means, open confrontation with the government, should be in accordance with the crime of the underworld organization; among them, and murder, intentional injury crime the punishment according to the provisions of, the combined punishment for several crimes.

(four) about the destruction of agricultural production and a large number of cases

For the prosecution to the court case of entraping peasants, to timely treatment in accordance with the law. Criminals sentenced to criminal punishment, should pay attention to as much as possible to save the farmers loss. The defendant to compensate for the losses, may consider appropriate from light punishment. The victim criminal prosecution, to different circumstances: the victims more, should rely on the local Party committees, and coordinate with the relevant department of political science and law, as far as possible through public prosecution; the victim directly to the court and in accordance with the provisions of the private prosecution case, shall be made and shall hear the case. For the production, sale of fake or substandard pesticides, veterinary drugs, chemical fertilizer, seed loss caused by the crime of amount standard, made in the Supreme Court judicial interpretation of the Supreme Court, can make reference to the implementation of the standards according to local conditions.

(five) a case of villagers group fights

To handle such cases we must pay great attention to the limits of policy. The trial of cases and put forward opinions, to solicit the opinions of the relevant departments of the local Party committee and. Should strictly according to law, but also to explain the patient and meticulous work, the handling of the case and the radical reason fights occur together, to prevent accidents and the emergence of new conflicts.

To clarify the responsibilities of ascertaining the facts, the correct application of the penalty. Treatment should focus on the backbone of the molecule with the organizers, planners and crime. In general, organizers and planners with organization, planning, should bear full responsibility for the crime; direct the implementation of crime, crime against actually applied for. Attention should be paid to narrow the scope of attack, expand education. The accessory actively involved in a crime, shall be given a lighter or mitigated punishment. Which meet the conditions of probation, probation to incite shall apply;, deception, coerced and participation in the war, if the circumstances are relatively minor, the education shows true repentance, may not be dealt with as a crime.

Attention should be paid to do the work. Due to the participation in the fighting and the injured victims, should also be pointed out that the illegal nature of behavior; due to the victim caused production, difficulties in life, to assist the relevant departments to solve, efforts to do a good job in the aftermath, eliminate antagonism, eliminate potential risks for revenge again.

(six) about the trafficking of women and children, crime

From the first molecular Punish Trafficking in women and children, criminal gangs and the trafficking of women and children, for ordinary industry "traffickers".

The boundaries must be strictly handle such cases of crime and non crime. For the sale of their cases, should be treated differently: to selling profit for the purpose of "adoption" children, should be the crime of trafficking of children; to those under the difficulties of life, the men are superior to women thought influence and betrayed his own children, or adoption of a child, not as a crime; to betray their children is aggravated, can the punishment according to the crime of abandonment; for those who truly belongs to the introduction of the marriage, and the men and women mutual understanding the basic situation of the other party, or indeed the introduction and adoption, the adoptee parents agree, although many people collect property are introduced, from which, also should not make a crime.

Three

The meeting in a careful analysis of the basic reasons and characteristics of crime, crime in rural farmers on the role and status, combined with China's rural grassroots organizations, the policy limits of rural farmers in criminal cases and criminal cases should grasp were studied; to correctly handle the following problems agree:

(a) a criminal case problems caused by contradiction correctly handle the relations between cadres and the masses

The trial of such cases, the general should go deep into the case, to ascertain the facts, the real reason to understand the case, to distinguish the responsibilities of both sides, fair, reasonable, dealt with legitimate.

To use the power of the hands to oppress the people, play the gangster, serious damage to the interests of the masses and the collective, which constitutes a crime, be punished according to law; the only because of simple methods to constitute a crime, to do a good job, get masses understanding, as appropriate, shall be dealt with.

Resist the normal management organizations at the grass-roots level, the criminals are take revenge rural cadres, must be severely punished by the law; on the A thing for it. and constitutes a crime the defendant, should reflect the lenient policy. In the event groups, very few led and organizer of punishment should be only constitutes a crime; for other general participation of the masses, to education, does not make a crime.

We should fully rely on the local Party committee and government, the opinions of the relevant department's decision on such cases. The local government strongly demanded the death penalty cases, to understand the background. It should be sentenced to death in accordance with the law, not because of fear of the defendant overwhelm with numerical strength will make trouble not sentenced to death; on the contrary, the should not be sentenced to death, not because the victim was sentenced to death. Want to do the work of legal publicity and education on party and government departments, in not doing ideological work among the masses of the situation, not to rush to judgment.

(two) on the farmers the defendant sentenced to criminal punishment, probation, shall be exempt from regulation

On the application of farmers the defendant punishment, should strictly follow the principle of suiting punishment to crime, but also give full consideration to the special subject of the crime. Must rely on local Party committee to the work of relevant departments, according to the appropriate application of non imprisonment penalty. To have constituted a crime, but not the punishment of the law, or the criminal punishment, shall be exempted from criminal punishment or sentenced to public surveillance. For crime is lighter and pleaded guilty attitude is good, accord with the declaration of conditions of probation, probation shall be in accordance with the law.

Efforts should be made to cooperate with relevant departments to implement the non custodial supervision measures. Can explore a variety of effective way in the regulatory measures to implement the problem, such as in the city should be strengthened and probation criminals from government and grass-roots organizations to contact the implementation of related measures; in rural areas through the grass-roots organizations and the defendant relatives, family, friends to help and etc..

(three) qualitative questions about the village committee and village Party branch members by taking advantage of the collective property crime of Embezzlement

In order to ensure the timely trial of cases, in the absence of judicial interpretation of the provisions, for the prosecution to the court of this kind of case, in principle to embezzlement conviction and punishment.

(four) on the property penalty

Where the law and concurrently be sentenced to a fine or confiscation of property, shall be imposed, the defendant's executive ability could not be sentenced to the punishment of property on the basis of. Do not perform or can not perform, can according to the implementation of the end or relief. Legal provisions on punishment have the death penalty, life imprisonment and imprisonment, and concurrently be sentenced to confiscation of property or a fine, such as the decision to sentence to death, can also be sentenced to confiscation of property; sentenced to life imprisonment, and may concurrently be sentenced to confiscation of property, can also be fined; sentenced, can only be fined.

A fine punishment crime for the legal provisions, the specific amount of penalty according to the crime should be determined. The criminal law and the judicial interpretation stipulates, in accordance with the regulations imposed; otherwise, all in accordance with the law principle and the specific situation, on the basis of summarizing trial experience on Uniform provisions with reference to the implementation of the standards for the amount of.

The freedom penalty and fine penalty can choose suitable case, such as theft, in determining the penalty, not only to avoid the penalty replace freedom penalty, but also overcome the tendency of mechanical law enforcement only sentenced to punishment against freedom. For executable property punishment and crime is not serious, I first offender, accessory and so on, can be a single fund punishment. It should be and penalty of crime, such as the defendant to pay a fine, pleaded guilty to a better attitude, and sentenced to fines amount is larger, the free punishment can be properly mitigated, or consider probation. This is consistent with the principle of suiting punishment to crime, because the fine penalty is the penalty.

The defendant has committed several crimes, should avoid sentenced penalty at the same time, sentenced to confiscation of property. For the confiscation of all property, and sentenced to fine penalty, should be decided to implement the confiscation of all the property, no enforcement of fine penalty.

(five) on the issue of civil litigation incidental

The people's Court of incidental civil litigation case scope, should be limited to the personal rights and property crimes by the criminal damage material losses suffered by criminals, not including illegal possession, dispose of the property and the physical damage to the. Due to the crime of illegal possession, dispose of the property and make it suffer loss of material, shall be handled according to the provisions of article sixty-fourth of the criminal law, which should be solved by way of recovering booties, shall be ordered to make restitution. If the stolen money is in, should be recovered; has been spent, destroyed or wasted, shall be ordered to return. No gains, in determining the penalty, as discretionary aggravating plot to be considered.

About the range of supplementary civil compensation, in the absence of judicial interpretation of the provisions, should pay attention to the following principles: one is to make full use of the existing laws and regulations, material loss maximum compensation victim has suffered because of the defendant's criminal acts within the scope of the law of. Material damage should include have resulted in the loss of the future, including the inevitable losses. Two is the compensation for the only crime directly cause material losses, not including the spiritual loss and indirect cause material losses. Three is to properly consider the defendant's compensation ability. The defendant's compensation ability includes now the compensation capacity and compensation ability of the future, juvenile defendant should also take into account the guardian's compensation ability, in order to avoid the negative effects of excessive amount of air caused by the defendant sentenced, civil compensation can be used as discretionary circumstances of sentencing. Four is to protect the legal rights of the victims. Incidental civil plaintiff prosecute people for do not constitute a crime, the common perpetrator, also want to pursue its civil liability for compensation. The juvenile offender by or guardian shall bear the responsibility for compensation and its legal representative. However, the fugitive accomplice should not be listed as defendants in incidental civil action. Sharing of liability: joint offender shall bear joint and several liability; in the internal school unit crime victim is caused by the loss, liability with fault in the management of the school and other units have the responsibility, but do not assume joint responsibility for compensation; traffic accident crime vehicle owner (unit) no compensation ability in the criminals case, assume responsibility for compensation or payment.

(six) on the issue of criminal private prosecution cases

To a case of private prosecution case. In some places, in order to facilitate the operation, to develop specific filing standards, but also in some places a "case hearing", so that the full court listen to the views of interested parties, to review the evidence materials, decide whether to file a case. These practices can further summary, good effect, can be gradually extended.

Should pay attention to guide and assist the parties to forensic evidence. Because of the broad masses of peasants legal level is not high, personal forensics difficult, in general it is difficult to achieve the requirements of the law of evidence. If because of a lack of evidence and simple, a hasty decision is inadmissible in a case of private prosecution, it may cause the intensification of contradictions, trigger a new criminal cases. Therefore, for the burden of proof according to not fully, in the foundation to guide the private prosecutor forensics, for there are difficulties, the people's court shall investigation.

To correctly apply conciliation. Mediation shall ascertain the facts, clearly define the responsibilities, in accordance with the law on a voluntary basis, can not be forced to mediate, not illegal mediation.

To correctly apply the mandatory measures and penalties. Cases of private prosecution after review the preliminary determination of serious and constitutes a crime, the defendant may evade criminal liability and civil liability according to law, to take coercive measures in a timely manner. On may be sentenced to public surveillance, detention or independent additional penal apply or timely appear, the defendant does not endanger society, should not be decided to arrest. In a case of private prosecution and punishment, the defendant should pay attention to in accordance with the law is suitable for non custodial sentence.