From the Western civilization of the country under the rule of law and Chinese traditional legal system country the biggest difference is that all countries, the legal form of the law is the law, and the rule of law is that all laws not only of natural law and conflict is legal, it is "evil law is illegal". "Rule of law" requirements will be legal as its basis, and in the "rule of law" is only the law as the governing tool. Since the 1979 "criminal law" promulgated China, changed several times and even re issued, but many "autocracy" still exists. The author tries to find some spare time in terms of proposed changes to the criminal law and the abolition of, from the "dictatorship" tool "for the protection of human rights", recovery of weapons.

  1, "criminal law" one hundred and five regulations "organization, planning, implementation, to subvert the state power or overthrow the socialist system, the ringleaders or those whose crimes are serious, be sentenced to life imprisonment or for more than ten years in prison; the active participants, three to ten years in prison; the other participants, is less than three years imprisonment, criminal detention, control or deprivation of political rights." The terms will direct all "subversion of state power" overthrow the socialist system behavior is for the "crime", a clear violation of the principle of "sovereignty belongs to the people" -- that the people are the masters of the country, so "master" regime change and the changes in the social system, is also the legitimate rights of the people in the exercise of "national sovereignty". Therefore,The author suggests that the provisions is amended as: "organization, planning, implementation of violent subversion of state power, and overthrow the socialist system", which is also only incite violence or the use of violence to change state, the changes in the social system is the "crime" behavior, if it is through the normal democratic voting change state and the changes in the social system, all belong to the the people's legitimate behavior.

  2, "criminal law" stipulates that the 197th "make this section 192nd provisions of the crime, the amount involved is especially huge and especially heavy losses are caused to the interests of the state and the people, shall be sentenced to life imprisonment or the death penalty, confiscation of property, the terms" direct "fund-raising fraud" and "from the crime of loan fraud", "financial bills fraud", "the letter of credit fraud", "credit card fraud", "securities fraud", "the crime of insurance fraud" the same penalty singled out by "death", which clearly undermines the "crime and punishment" principle. Therefore,The author suggests that either the uniform crime as "financial fraud" sentenced to five years in prison or detention, and impose a fine five times the amount of money involved; the amount is huge, punishable by five years to ten years in prison, and the ten times the amount of fines; if the amount is especially huge department for more than ten years in prison the amount of money involved, and impose a fine twenty times. In this way, can we avoid "misdemeanor" heavy "severe punishment" malpractice.

 3, "criminal law" article two hundred and thirteen to the provisions of article 220th of the "crimes of infringing on intellectual property rights", that is through the "IPR infringement crime" to "the protection of intellectual property rights". Have a look to Europe and the United States Japan's practice, intellectual property belongs to the special property rights, basic only administrative protection, civil protection, without the protection of criminal law. National legislation to protect intellectual property rights is to encourage knowledge innovation, so the infringement to intellectual property ownership economic compensation, is conducive to intellectual property owner's knowledge into property, also has the dissemination and application of advanced technology for knowledge. China's "criminal law" the pure civil disputes in the scope of criminal protection, the apparent neglect of the developed countries to protect intellectual property, and thus easily into legal barriers to suppress intellectual property application.The author suggested, would be "crimes of infringing on intellectual property rights" abolished all, but in the "intellectual property law" stipulated in the "double compensation" system, can not only conducive to the protection of intellectual property owners to encourage research and development, but also conducive to intellectual property are widely used, also can save the public security organs handling resources.

 4, "criminal law" article 221st to the provisions of article 231st of the "crimes of disrupting market order". If one of the "contract fraud", "organization, leadership pyramid selling", "crime of forced transaction", "forging, reselling the counterfeit valuable tickets crime", "the crime of providing false documents", "major issue false documents crimes" are necessary to retain, then other so-called "crimes of disrupting Market order" is the basic general dispute can be settled through administrative penalty or civil compensation mode, will waste a lot of law resources to normal market construction, is clearly a serious misunderstanding of criminal law, is Chinese traditional "a not --".The author suggests that, in addition to the retention of some crimes, the other should be abolished.

 5, "criminal law" stipulates that the 237th "by the violence, coercion or other means, the coercive indecency or insults a woman, is less than five years imprisonment or criminal detention", "child pornography, in accordance with the provisions of the preceding two paragraphs shall be given a heavier punishment". The clause protects only the father children's body dignity, ignore the man will also become the "coercive indecency" and "insulting" the victim, cannot reflect the principle of "equality".The author suggests, "women" to "others", which will be extended to all the personal dignity of a natural person, of course, children can continue to be protected.

 6, "criminal law" article 240th to two hundred and forty-two provisions "trafficking in women and children, the crime", "buying abducted women and children, the crime", "gathering a crowd to hinder the rescue was bought women, child crime", like 237th, neglects the protection of adult men, perhaps lawmakers believe the criminals will not "in the" adult men, in fact many crime has shown that "human trafficking" never disappeared. Therefore,The author suggests that these terms "women, children" is amended as "others", which will be included in the criminal law in the protection of the natural person.

 7, "criminal law" stipulates that the 277th "by the violence, threat obstructs a state functionaries to perform their duties, is less than three years imprisonment, criminal detention, control or fines." In the crime of obstructing, the most obvious one does not require "serious", which makes "brutal law enforcement" has become a "normal" phenomenon, any conflict with law enforcement actions are likely to be in "crime of obstructing" arrest, obviously not conducive to the protection of the public.The author suggests that, to increase the "serious" elements of the terms, so that ordinary obstruction behavior into a "punishment" (administrative detention or a fine), serious obstruction to constitute a crime.

 8, "criminal law" stipulates that the 278th "to resist the state laws, administrative regulations, a fixed-term imprisonment less than three years, criminal detention, control or deprivation of political rights; if the consequences are serious, department for more than three years to seven years in prison." This article will only "the anti violence law" that is "crime", no additional "serious consequences" elements (belong to "the elements of the result aggravated"), and this is all the anti violence law event into a "crime", which is "unexpected events" layer of legal origin is not poor the. In this context, apparently to people as the object of dictatorship is not a service object.The author suggests, the clause will be "serious consequences" as the crime elements, which will be "serious consequences" as "aggravated", and "fired the crowd violence to resist the implementation of national law, administrative regulations of the State functionaries" as mentioned in the preceding paragraph shall be given a heavier punishment in accordance with, so that it can avoid some officials "aroused" anger and abuse of the terms "repression" groupAll the.

 9, "criminal law" stipulates that the 296th "held a rally, parade, demonstration, not application in accordance with the law or without permission, or not permitted by the competent authority in accordance with the stop time, place, route, and refuses to obey an order to dismiss, serious damage to social order, person responsible for the assembly, parade, demonstration and directly responsible persons, is less than five years imprisonment, criminal detention, control or deprivation of political rights." The provisions in fact deprived people rally, parade, demonstration of rights. The author suggests, modify the special "rally, parade, demonstration law" provisions, held a rally, parade, demonstration so as not to use violence or incite violence, not attack state organs and foreign institutions in China, does not destroy the normal work in the enterprises and institutions, just ahead of 3 working days to inform the public security organ for the record can be held, to avoid jam that people express their wishes channel. For violation of the "two no" ban, also should only as "punishment", but should not use the power of criminal law.The author suggested that direct repeal of this provision, and modify the "rally, parade, demonstration method" and "Public Security Management Punishment Law".

 10, "criminal law" stipulates that the 306th "in the criminal procedure, the defenders and agents ad litem, destroy or forge evidence, to help the parties destroy or forge evidence, threat, seducing witness to change or make false testimony, is less than three years imprisonment or criminal detention; if the circumstances are serious, three to seven years be sentenced to." This clause is "famous" "three zero six clause", be regarded as big kill special "hit" lawyer "". In fact, "the lawyer exemption" belongs to the international practice, namely for lawyers in the case of all position behavior "exemption", as the common values like "members exemption". There is no "Legal Disclaimer" no lawyers to defend the criminal to the defendant, have a look from the trial of Japanese war criminals (Tokyo Trial) to the trial of Nazi war criminals (Nuremberg trial), even as a "war criminal defense commit the most heinous crimes", also does not have any lawyer accused not arrested, this is the premise of system to avoid the abuse of judicial power.The author recommended the abolition of this provision, and can be used to correct the prosecution counsel bias, reduce the "unjust".

  11, "criminal law" article 318th to the provisions of article three hundred and twenty-two of the "obstruction of the country (border) environmental management crime" of a variety of "crime", be less than three years to seven years in prison or a punishment. In fact, since the people are the masters of the country, then the populace "smuggling" abroad should belong to the "public" behavior, but should not belong to the "criminal" behavior. If the border is the first line of defense to protect their people from outside "stowaway" infestation, then for their people to "vote with their feet" exit is totally should reflect on their own system of "keep" why can't Chinese people.The author suggests, the abolition of "criminal law" article 318th directly to the provisions of article three hundred and twenty-two, allowing people "free exit" (but the limit foreign population immigration), which will become the "border line" rather than "blockade". The border should be differentiated with prison, should not limit "leave".

 12, "criminal law" stipulates that the 423rd "on the battlefield but to lay down their arms and surrender to the enemy, automatic, place above three years imprisonment less than ten years; if the circumstances are serious, department for more than ten years of fixed-term imprisonment or life imprisonment. After surrendering to the enemy service, department for more than ten years of imprisonment, life imprisonment or death." The clause expressly prohibited "surrender" in fact, in accordance with the "Geneva Convention", belongs to the save soldiers surrender life legal action, "no surrender" of the German army, the Japanese army still be "allowed to surrender" American forces defeated, "allowed to surrender" is actually a manifestation of respect for soldiers of the right to life. As long as there is war there are prisoners of war, both powerful German army is invincible USA forces. Soldiers captured not a soldier's fault, but the inevitable law of war, those who advocate punish captured soldiers approach, in fact is a kind of contempt of the military life behavior.The author suggests, the clause added a "Disclaimer" matters, that is "the military has worked hard to not to lay down their arms will lead to serious consequences, forced to lay down their arms and surrender to the enemy is not subject to the constraints". Thus, the "soldiers were forced to lay down their arms" surrender to the enemy, it does not constitute a "crime of surrender", but to enjoy "the treatment of prisoners of war".These soldiers now that does not belong to the "crime", it should be in the "exchange of prisoners of war" or "rescue the prisoners" respected, and continue to enjoy a variety of military treatment. Some people did not participate in the war, but he who was captured in the war soldiers as a "traitor", in fact, the "traitor" rather than "be filled with righteous indignation" "Patriot" far greater, at least the country needs them, they did not escape.