★ inclusion crime in the criminal law are:
(1) the crime of kidnapping inclusive of intentional homicide (see article 239, actor in the kidnapping crime, and ordered the death of the kidnapped person or kills the kidnapped person , is still in the kidnapping crime; but the kidnapping crime can not contain the crime of intentional injury, but according to the imaginative joinder of offenses is a heavier punishment, because intentional injury crime legal punishment than kidnapping basic legal punishment);
(2) the crime of abducting and trafficking in women and inclusive QJ sin (see article 240, actors in the implementation of crime to buy women turn in the process, and to buy stolen women seduce behavior);
(3) the crime, trafficking in women and forced prostitution sin inclusive lure (see article 240 , actors in the implementation of crime to buy women turn in the process, and the implementation of deception, forcing abducted to buy a woman to engage in prostitution or abducted for women to prostitution behavior);
(4) robbery containing the crime of intentional injury, intentional homicide (263, human behavior to plunder property and premeditated murder, or in the robbing of the victim, as the uniform resistance murderer, convicted and punished for robbery), but if the act of robbery, to kill and murder the, shall be convicted of the crime of intentional homicide and robbery, and combined punishment for several crimes. Like a knife in a robbery, intentional killing the victim after the removal of the property, or a during a robbery, to suppress the revolt, deliberately victims killed, take the property, should be regarded as a crime of robbery; and a enemy killed after the removal of the body of the 5000 yuan in cash, or a implementation of robbery crime, in order to prevent the victim to, to kill it, should be to robbery and intentional homicide crimes (2005 2 sixty-first questions);
(5) crossing the border crime of organizing others contain obstruction of official crime, the crime of illegal detention (see article 318, actors in the implementation of other persons in the edge organization border criminal behavior in the process of implementation, and deprivation, restriction of personal freedom of the people being organized, or by means of violence or threat, resist inspection);
(6) crossing the border crime of transporting other containing the crime of obstruction of official business (see article 321 paragraph second, actors in the implementation of transports the other persons border crime behavior in the process of implementation, and the means of violence or threat, resist inspection);
(7) the smuggling, trafficking, manufacture, the crime of transporting drugs containing the crime of obstruction of official business (see article 347 , actors in the implementation of manufacturing, transportation, smuggling, trafficking drug related crimes in the process, and use violence to resist inspection, detention, arrest, if the circumstances are serious, the obstruction of official acts not conviction alone);
(8) the organization prostitution crime, the crime of forced prostitution sin inclusive QJ (see article 358 , actors in the implementation of the organization prostitution, forced prostitution crime process, in the form of QJ forcing women or young girls into prostitution);
4, transformed crime refers to the behavior person to implement a lighter crime because of its specific situation, and make their behavior changed in nature, into a heavier crime, not to the original nature of behavior is not a combined punishment for several crimes conviction.

Transformation defined in the criminal law of 14:

 

(1) tax revolt crime and the crime of intentional injury, intentional homicide. (because the tax revolt crime legal punishment is higher than that of the crime of negligence causing death, so the revolt of negligently, death belongs to the imaginative joinder of offenses is a heavier punishment, can only be tax revolt crime); (2) the crime of illegal detention and intentional injury, intentional homicide (in the illegal detention of crimes in the process, the act of using violence to cause disability, death, the original lighter illegal detention behavior transformation --238 paragraph third;

 

(3) buying abducted women and children, the crime of buying → turn buy Women, children of sin (241 paragraph fifth to buy and sell,);

 

(4) the crime of obstruction of official business and the crowd to obstruct rescue bought women and children, the crime is the way (to prevent functionaries of a state organ from rescuing bought women, children and the transformation only for the ringleaders, other participants of the mob crime is not any problem, still be the crime of obstruction of official business 242, see section second);

 

(5) the crime of torture to extract confessions, violence crime and the crime of intentional injury, intentional homicide (cause disability, death, 247);

 

(6) abuse regulated human sin and intentional injury, intentional homicide (cause disability, death, 248);

 

(7) from the open, destroying, mail, telegraph crime and theft (condition is when postal personnel to open, destroying, mail, Telegraph and steal from property. See article 253 paragraph second);

 

(8) the seizing crime and the crime of robbery (carrying weapons snatch, 267 second);

 

(9) theft, fraud, robbery and theft, fraud and robbery (robbery crime behavior, the occasion, for booty, resist arrest or destroy criminal evidence and on the spot the use of violence or threats of violence. See Article 269);

 

(10) the specific funds crime and the crime of misappropriating public funds (misappropriated while the 273 is stipulated in relief, disaster relief and other seven specific funds, but for personal use, see the Article 384 paragraph second);

 

(11) the affray crime and the crime of intentional injury, intentional homicide (who died of wounds, caused by the. See article second paragraph 292nd);

 

(12) the illegal blood selling crime, forcing blood selling crime and the crime of intentional injury (cause harm, limited to the heavy damage);

 

(13) the illegal provision of narcotic drugs, psychotropic medication crime and the crime of drug trafficking (355th paragraph first, the illegal provision of narcotic drugs, psychotropic medication crime into drug trafficking have two situations: one is the accomplice, smuggling, drug trafficking actor to criminals for narcotic drugs, mental disease medicine, two; sell, human behavior to smoke, profit and people who inject drugs provide narcotic drugs, psychiatric drugs);

 

(14) the crime of embezzlement of public funds and corruption (there are two cases changed: one is the ability to return the refund and refusing to return not to subjectively, two is carrying the misappropriation of public money. If the perpetrator is unable to pay, because of objective reasons can not be returned, still be the crime of misappropriating public funds shall be given a heavier punishment)

The statutory punishment.

★ criminal law provisions of the crimes are mainly 8 kinds of:
(1): organized crime organization, leadership, to participate in a terrorist organization, and the organization and implementation of homicide, explosion, kidnapping crime, organization, leadership, to participate in a terrorist organization and crime of the specific intentional homicide, explosion, kidnapping crime be punished; organization, leadership, to participate in the organization with underworld society nature, or entering the underworld organization, and the organizational and committed other crimes, be punished.
(2) the duty crime of Embezzlement: illegal activities constitutes another crime, or for embezzlement, taking bribes from constitutes a crime, be punished.
(3) crossing the border crime: organizing other persons in the border, and kill, hurt, QJ, trafficking and other criminal acts to organize people, or to check personnel killed, injury and other crimes, be punished; transporting other persons in the border, and to the persons being transported to kill, injure, QJ, trafficking and other criminal acts, or the inspection personnel killed, injury and other crimes, the punishment.
(4) production and sales of fake and shoddy products and Prejudice official: implementation and shoddy products crimes 140th to 148 production, sales of fake and shoddy goods and counterfeit drugs, specific, and at the same time, by violence, threats to resist the investigation, combined punishment for several crimes.
(5) the smuggling and Prejudice official: smuggling crime and violence, threats to resists the seizure, and obstruction of official crime be punished, but must pay attention to the crime of smuggling is not including the crime of smuggling drugs, because according to the provisions of article 347th, in the process of drug smuggling and obstruction of official, directly to aggravate the situation of drug smuggling treat, and not be punished.
(6): insurance fraud, insurance fraud with the intent to cause property damage, the death of the insured, disability or illness insurance accident, as the crime of insurance fraud and arson, the crime of intentional injury, intentional homicide crimes.
(7) buying abducted women and children crime: buy buy and then deprived of restriction of freedom of person, hurt, QJ, affront to QJ, crime, crime of illegal detention, the crime of intentional injury, insult and paid for the trafficking of women and children crime.
(8) for the implementation of other crime (theft,) and steal a motor vehicle as a means of crime and will take forcible possession of motor vehicles or lost to other crimes, theft and the implementation of punishment.

(a) general common legal sentencing circumstances

 

1, shall be given a lighter or mitigated punishment

Under the age of 18 crimes.

2, shall be reduced or exempted from punishment

Excessive defense, avoiding excessive, after the surrender of a major meritorious service, coerced offender, discontinuance of crime (caused no damage results, shall be exempted from punishment; causing damage, should be mitigated punishment).

3, shall be given a mitigated punishment or be exempted from punishment

Blind, deaf and dumb people crime; surrendered, may be given a lighter or mitigated punishment, crime is lighter, can be exempted from punishment; preparatory crime accomplished crime shall be reduced, exempted from punishment.

4 shall be given a lighter, mitigated punishment or be exempted from punishment

In the criminal law is only one, that is an accessory.

5 may be given a lighter, mitigated punishment

The general crime; attempted instigation; mental patient who has not completely lost the ability to recognize or control his own conduct crime; attempted crime accomplished crime shall lighter, mitigated punishment.

6 he shall be given a heavier punishment

Recidivism, abetting under the age of 18 crime,

7 can be reduced or exempted from punishment

Significant meritorious; I state jurisdiction, but in foreign countries have received criminal punishment, can be avoided or mitigated punishment. (exemption must be written in the first place)

(two) a common legal sentencing circumstances

1 armed smuggling, he shall be given a heavier punishment;

2 counterfeit currency and sells or transports counterfeit currency, he shall be given a heavier punishment;

3 staff of state organs to mandate the use of crime of unlawful detention crime, he shall be given a heavier punishment;

4 staff of state organs committing crime of false accusation, he shall be given a heavier punishment;

5 posing as police try every trick to mislead the public, he shall be given a heavier punishment;

6 judicial personnel guilty of obstruction of witnessing, help the parties to forge, destroy the evidence of crime, he shall be given a heavier punishment;

7 use, instigate minors smuggling, trafficking, transporting, or manufacturing drugs, sell drugs to minors shall be given a heavier punishment;

8 Lure, abetting, cheat or forcing minors into taking or injecting drugs, shall be given a heavier punishment;

9 for smuggling, trafficking, transporting and manufacturing, the crime of illegal possession of drugs was sentenced to punishment and crime, drug crime, he shall be given a heavier punishment;

10 of the principal responsible person of the unit, the unit, organization, force, induce, shelter, introducing others into prostitution, he shall be given a heavier punishment;

11 to minors under the age of 18 spread pornographic materials, shall be given a heavier punishment; learning network

12 people accused of bribery in active account bribery may be given a mitigated punishment or be exempted from punishment;

The 13 national staff abuse of power and illegal search, breaking into others' houses, he shall be given a heavier punishment;

The 14 national staff torture to extract confessions or evidence of violence cause disability, death, shall be given a heavier punishment in the crime of intentional injury, intentional homicide;

15 guilty of taking bribes bribes, he shall be given a heavier punishment;

16 guilty of embezzlement, misappropriation on certain property, such as disaster relief, rescue, flood prevention, special care, poverty, immigration funds for personal use, shall be given a heavier punishment;

Organization of audio and video products production, 17 copy obscene, pornographic film video playback, shall be given a heavier punishment;

XFW

18 fornication with an underage girl, (QJ sin) from the crime punishment;

19 illegal deprivation of personal liberty of others, having beaten insult plot (the crime of illegal detention), he shall be given a heavier punishment;

20 post staff to open mail, telegraph, concealment, steal property from theft, to be given a heavier punishment.

 

Two, discretionary circumstances

This is refers to the people's court summed up from the trial experience, in the measurement of penalty should be flexible, applicable. It mainly includes the motive of crime; the criminal means of crime; the time, location; the crime results; the object of crime; the consistent performance and criminals; and after the crime attitude; the record etc..

Type three, sentencing

Sentencing a heavier punishment, light punishment, punishment reduced, exempted from punishment. In 1997 criminal law, the general no longer have aggravated punishment. If you need to increase the punishment must be explicitly stipulated in the criminal law, which is generally called the crime with aggravated circumstances.

1 he shall be given a heavier punishment. Within the range of statutory penalty, apply to no aggravating circumstances of heavier punishment.

2 lighter punishment. Within the range of statutory penalty, apply to the situation without a lighter punishment lighter punishment. Attention is required, shall be given a heavier punishment does not mean that the legal punishment "middle line" above punishment, light punishment does not mean that in the legal punishment "median line" in the following sentence. The correct approach is, first temporarily exclude criminal is heavier, lighter punishment, considering the crime fact, nature, circumstances and the harm to society program, according to the criminal law shall be sentenced to a punishment measure what, then consider the aggravating circumstances and mitigating circumstances, thus determined shall declare the punishment.

3 a mitigated punishment. Sentenced to a punishment below the legally prescribed punishment.

There are two kinds of mitigation of punishment. First, the statutory mitigating circumstances. It is divided into two types. In the criminal law provisions of the penalty is only a range of sentencing circumstances, mitigation of penalty is sentenced to less than the provisions of the minimum penalty sentencing range. The provisions of the criminal law provisions of punishment has several of sentencing circumstances, mitigated punishment is sentenced to less than and the criminal crimes specific corresponding to the provisions of the minimum penalty sentencing range. Second, was mitigated punishment. Although do not have the crime prescribed in this Law for mitigating circumstances, but according to the special circumstances of the case, approved by the Supreme People's court can also be sentenced to a punishment below the legally prescribed punishment.

4 exemption from punishment. As the conviction, but exempted from punishment.

Four, the concurrence of circumstances of sentencing

If the criminal with a plurality of sentencing circumstances, should be considered respectively, and can not arbitrarily change the function of sentencing. For criminals who have several mitigating circumstances, it should be to the crime person several times within the statutory range of sentences, and cannot be mitigated punishment, the corresponding if several aggravating circumstances, nor to the aggravated punishment. If the criminal is lenient, and severe circumstances, you should first consider the severe circumstances, in considering the lenient circumstances.
The limitation of action in civil law ---

1.[1 years]
During the "general principles of civil law" article 136th the limitation of action for a year:
(a) claims for compensation for bodily injuries;
(two) the sale of substandard goods undeclared;
(three) deferred payment or refusal to pay rent;
(four) register property lost or damaged.
The claim of "maritime law" 257th paragraph first to the carriage of goods by sea carrier for compensation, the limitation period for a year, since the carrier shall deliver the goods delivered or the date of expiry of the period; the limitation period or later, was identified as the responsible people filed a claim compensation from the third person requests, the limitation period for ninety days, since the compensation claimant to solve the compensation request or the date the receipt of a copy of the indictment filed a lawsuit against its own court accepted. Calculation.
Claim the "maritime law" article 260th of the relevant contract of sea towage, the limitation period for a year, knows or should know the date of calculation are infringed rights.
④ "maritime law" article 263rd claims for general average contribution, limitation period is one year, counting from the date of the end of.
The "auction law" sixty-first paragraph third because of defects of the subject of auction is not declared, the period of limitation of action to claim compensation for a period of one year, since the party knows or should know the right to damage the date of calculation.
2.[2 years]
During the "general rules of the civil law" 135th article for protection of civil rights to the people's court litigation for two years, except as otherwise stipulated by law.
The "contract law" solution (a) the sixth technology contract disputes right is infringed by the fact in the contract law before the implementation, since the party knew or should have known the infringement of its rights to the date of implementation of the contract law, more than a year, the people's court shall not protect; not more than one year, the limitation period for prosecution for two years.
Limitation of the "patent law" article sixty-second the infringement of patent right is two years, since the patentee or any interested party became aware or should have become aware of the act of infringement on the date of calculation.
An application for a patent for invention to the grant of patent right to use the invention without paying adequate royalties, patent litigation request their payment for two years, since the patentee obtains or should have known, others to use its invention of the day but, recently the patentee granted patent is in know or should know, since the special rights to calculate the date of the grant of the.
④ "trademark cases to explain" eighteenth infringement litigation exclusive right to use a registered trademark for two years, since the owner of a registered trademark or the claimant knew or should have known the infringement behavior calculation date. The owner of a registered trademark or the interested persons over two years of prosecution, if the infringement behavior continues in the prosecution, the registered trademark in the special period, the people's court shall sentence the defendant to stop infringement, the amount of compensation for the infringement shall be the right to a suit in a people's court date forward pass two years.
The "interpretation" of copyright disputes litigation twenty-eighth copyright infringement for two years, since the copyright person knows or should know the infringement on the date of calculation. The rights of people over two years of prosecution, if the infringement behavior continues in the prosecution, the copyright protection period, the people's court shall sentence the defendant to stop infringement; the amount of compensation for the infringement shall the right to sue in the people's Court on the forward pass two years.
Aging of the "State Compensation Law" thirty-second paragraph first claimant claims for state compensation for two years, since the state organs and their staff in exercising their functions and powers according to law when actions are recognized as illegal the date calculated from, but the period of detention shall not be counted.
Right of claim, "maritime law" 257th paragraph second voyage charter party, the limitation period for two years, since knew or should have known that his right had been infringed on the date of calculation.
Claim the "maritime law" 258th article to the carriage of passengers by sea carrier for compensation, the limitation period for two years, which shall be calculated as follows:
(a) claim the passenger personal injury, since passengers or should leave the ship date calculation;
(two) claims for death of passengers, occurred during the transportation of passengers shall leave the ship, since the date of delivery; because of an injury during the period of passengers from the ship caused death after, counted from the date of death of the passenger, but this period shall not exceed three years from the date of the ship;
(three) claims for loss of or damage to the luggage, the passengers or should leave the ship date.
The "maritime law" 259th claims to charter parties, the limitation period for two years, since knew or should have known that his right had been infringed on the date of calculation.
Claim the "maritime law" article 261st concerning the ship collision, limitation period is two years, counting from the day on which the collision occurred; the right to request the 169th paragraph third the provisions of this law to recover, the limitation period for a year, since the parties jointly and severally paid compensation for damage calculation date.
○ 11 "maritime law" article 262nd the salvage rights, limitation period is two years, the salvage operation termination date.
○ 12 "maritime law" 264th claims for indemnity against the insurer to contracts of marine insurance, limitation period is two years, counting from the date of occurrence of the insurance accident.
○ 13 "product quality law" article forty-fifth due to defects of products cause damage limitation of action for damages for a period of two years, since the party knows or ought to know the calculation of the damage to the interests of.
For the claim of the defective product is delivered to the first consumer demand compensation, when the defective product causes damage over ten years loss; but, not exceeding the specified safe use period except.
3.[3 years]
The claim of "maritime law" article 265th ship oil pollution damage, limitation period is three years, counting from the date of occurrence of the damage; however, shall not exceed the damage caused by the accident occurred within six years in any case aging.
The "environmental protection law" forty-second article for the pollution damage to the environment the limitation period for prosecution for three years, from the party knows or ought to know the computation by the pollution damage.
4.[4 years]
"Contract law" article seventh (a) technology import and export contract dispute the parties right is infringed by the fact in the contract law before the implementation, since the party knew or should have known the infringement of its rights to contract law come into effect on the date of the day for more than two years, the people's court shall not be protected and not more than two years;, the limitation period for prosecution for four years.
5.[5 years]
"Explain" action forty-second citizens, legal persons or other organizations do not know the specific administrative behavior made by administrative organs, the prosecution deadline from knows or ought to know the content of the specific administrative act is calculated from the date of. To not move the specific administrative act made from the date of making more than twenty years, other specific administrative acts from the date of making more than five years of litigation, the people's court shall not accept the.
6.[20 years]
During the "general principles of civil law" article 137th limitation from knows or should know that his rights have been infringed upon. However, from the rights have been infringed on the more than twenty years, the people's court shall not protect. There are special circumstances, the people's court may extend the limitation of action.
The views of the people through "175th" in the second paragraph general principles of the civil law the provisions of article 137th of the "twenty years" the period of limitation of action, can the general principles of civil law to extend the provisions of the regulations, suspension, interruption is not applicable.
The "explanation" action forty-second citizens, legal persons or other organizations do not know the specific administrative behavior made by administrative organs, the prosecution deadline from knows or ought to know the content of the specific administrative act is calculated from the date of. To not move the specific administrative act made from the date of making more than twenty years, other specific administrative acts from the date of making more than five years of litigation, the people's court shall not accept the. 
Special provisions
 The 3 set, stress, seduce, buy the staff of state organs, armed forces, the people's police, militia to carry out armed rebellion or armed riots (armed rebellion, violence crime)
 Article 104th
 
4 and foreign institutions, organizations, individuals in collusion with the implementation of 103rd (the fission country crime (up) the fission country crime), 104th (armed rebellion, violence crime), 105th (subversion) (inciting subversion of state power) to commit crime
 Article 106th
 
5 master state secrets commits the escape
 Article 109th
 
6 armed smugglers
 Article 157th
 
7 State-Owned Company, enterprise, institution staff play favouritism and commit irregularities committed institutions personnel State-Owned Company, enterprise, dereliction of duty crime
 Article 168th
 
8 State-Owned Company, enterprise, institution staff play favouritism and commit irregularities committed personnel and institutions, enterprises, the crime of breach of privilege of State-Owned Company
 Article 168th
 
9 Whoever counterfeits currencies and sells or transports counterfeit currencies (counterfeit currency)
 Article 171st
 
10 rape of young girls under the age of 14 (QJ sin)
 Article 236th
 
The 11 child molestation (child molestation)
 Article 237th
 
12 illegal detention of a person or other unlawful deprivation of personal liberty of others, and have beaten insult plot (the crime of illegal detention)
 Article 238th
 
13 staff of state organs using powers committed the crime of illegal detention
 Article 238th
 
14 staff of state organs committing crime of false accusation
 Article 243rd
 
15 judicial personnel breach of privilege, criminal trespass
 Article 245th
 
16 judicial personnel breach of privilege, commit the crime of illegal searches
 Article 245th
 
17 the judicial staff because of violence, torture to extract confessions cause disability, death (murder, crime of intentional injury)
 Article 247th
 
18 prisons, detention, detention and other regulatory and supervisory personnel to be supervisors were beaten up or corporal punishment, abuse, cause disability, death (murder, crime of intentional injury)
 Article 248th
 
19 regulators ordered condoned by the regulation, beaten or corporal punishment abuse other regulators cause disability, death (murder, crime of intentional injury)
 Article 248th
 
20 postal workers committed to opening, destroying, mail, Telegraph and steal property crime (theft)
 Article 253rd
 
21 as police try every trick to mislead the public's (try every trick to mislead the public crime)
 Article 279th
 
22 allure minors to participate in a promiscuous activities (allure minors crime of group licentiousness)
 Article 301st
 
23 judicial personnel guilty of obstruction of witnessing
 Article 307th
 
24 judicial personnel committing crime of fabricating evidence, helping to destroy
 Article 307th
 
25 logging, deforestation in National Nature Reserve of forest or other trees (crime, crime of felling trees felled trees)
 Article 345th
 
26 use, instigate minors smuggling, trafficking, transporting, manufacturing drugs or selling drugs to minors (smuggling, trafficking, transporting, making drugs)
 Article 347th
 
A staff of 27 anti drug officers or other state organs, cover shields offenders engaged in smuggling, trafficking, transporting, manufacturing of narcotic drugs (harboring drug criminals)
 Article 349th
 
28, the lure, deception, forcing minors into taking, injection drug users (lure, instigate, deceive others drug crime, forcing others drug crime)
 Article 353rd
 
29 for smuggling, trafficking, transporting and manufacturing, the crime of illegal possession of drugs was sentenced to punishment, and make the criminal law sixth chapter of seventh crime (smuggling, trafficking, transporting, crime of manufacturing narcotics and other 12 kinds of charges)
 Article 356th
 
30 hotels, catering services, entertainment industry, car rental industry and other units responsible for the conditions of tissue, this unit, lure, shelter, the forced prostitution of others
 Article 361st
 
31 making, duplicating obscene film, video, audio and video products organization playing (play pornographic audio-video products organized crime)
 Article 364th
 
32 to less than 18 years old minors to disseminate pornographic materials (the crime of spreading obscene objects)
 Article 364th
 
33 wartime destruction weapons and equipment, military equipment, military communications (destruction of weapons and equipment, military facilities, military communications (negligence crime) sabotage weapons and equipment, military facilities, military communications sin)
 Article 369th
 
34 calls for emergency relief, flood control, poverty, immigration,, allowances, relief funds and materials for personal use (the crime of misappropriating public funds)
 Article 384th
 
35 bribes (bribery)
 Article 386th
 
36 war by violence, threat, hinder the command staff or duty, duty officer in the execution of his duty (duty crime of hindering the implementation of military)
 Article 426th
 

Legal lenient punishment in criminal law:
1 should be reduced or exempted from punishment
(1) over defense (20)
(2) it (21)
(3) after the surrender of a major crime (68. Second)
(4) the coerced offender (28)
(5) the discontinuance of crime (24) -- no damage is caused, be exempted from punishment; damage is caused, be given a mitigated punishment.
2 shall be given a lighter, mitigated punishment or be exempted from punishment
  Accessory (27. Second)
3 shall be given a lighter or mitigated punishment
  Over 14 people under the age of 18 crime (17. Third)
4 may be exempted from punishment
(1) the lesser crime and surrender (67)
(2) of illicit cultivation of narcotic plant voluntarily uproot them before harvest (351. Third)
5 can be mitigated punishment or be exempted from punishment
(1) in foreign countries. Although the crime by the law, but in foreign countries have received criminal punishment (10) -- the first consideration is exempt, secondly is reduced, this namely selection tendency and behind several different.
(2) a major meritorious services (68)
(3) before prosecution active account to company personnel bribery behavior (164. Third)
(4) the personal corruption or bribery amount is less than 10000 yuan in 5000 yuan of above, after committing the crime of repentance, positive gains (383)
(5) before prosecution active account to national staff bribery behavior (390. Second)
(6) before prosecution take account of bribery (392. Second)
6, shall be given a mitigated punishment or be exempted from punishment
(1) a deaf mute or blind person who commits a crime (19)
Preparation for a crime (2) (22)
7 may be given a lighter or mitigated punishment
(1) mental patient who has not completely lost the ability to identify and control ability of the crime (18. Third)
(2) attempted crime (23. Second)
(3) the instigated person does not commit the instigated crime, the attempted instigation (29. Second)
(4) after the crime of surrender (67)
(5) after the crime has performed meritorious service (68. First)

Specific graphics memory -- Excerpt 1 production and sales of fake and inferior commodities

Producing, selling fake or substandard products
 Refers to the producers, sellers in adulterates products, fake, shoddy, or with unqualified products as qualified products, sales amount of fifty thousand yuan of above behavior.
 Result crime
 
The production, selling poisonous foods
 In the production, sale of food mixed with poisonous, harmful non food raw materials, or knowingly sells mixed with toxic, harmful non food raw materials for food
 Behavioral offense (death)
 
Production, sales do not meet hygiene standards of food crime
 Production, sales do not meet the health standards of food, enough to cause a serious accident of food poisoning or other severe food borne diseases, harm to human health
 Dangerous crime
 
Production, sales of counterfeit drugs crime
 Knowing is fake (the object of crime does not include false pesticide, veterinary drug production, false) and sales, to serious harm to human health
 Dangerous crime (death)
 
Production, sales do not meet the standard of the crime of medical equipment
 Production is not consistent with the protection of human health and national standards, industry standards of medical equipment, medical material, or knowingly sells is not in conformity with the national standards, industry standards of medical equipment, medical materials, serious enough to endanger human health
 Dangerous crime
 
Production, sales of substandard drugs crime
 While knowing the production, sale of medicines of inferior quality, causing serious harm to human health
 Result crime
 
Production, sales do not meet safety standards product crime
 Production is not in conformity with the personal and property safety, national standards, industry standard electrical, pressure vessel, flammable and explosive products, or knowingly sells is not in conformity with the personal and property safety, national standards, industry standard products, causing serious consequences
 Result crime
 
Production, sale of fake or substandard pesticides, veterinary drugs, fertilizers, seeds of sin
 The production of pesticides, veterinary drugs, false false false fertilizer, knowingly selling fake or losing efficacy of pesticide, veterinary medicine, fertilizer, seed or producers, sellers with substandard pesticides, veterinary drugs, chemical fertilizer, seed as qualified pesticide, fertilizer, seed, make production suffered great loss
 Result crime
 
Crime of cosmetics production, sales do not meet the health standards
 Production does not conform to the hygiene standards of cosmetics, or knowingly selling do not meet the health standards of cosmetics, causing serious consequences
 Result crime
 

Prejudice to the company, enterprise management order crime

Associated with the company, enterprise or the organization crime
 The crime of misstating registered capital
 False expansion capital to a company registration authority, and has been approved for the company; the main units and individuals to apply for registration
 
A false capital contribution, smoke escape capital crime
 In before the establishment of the company does not pay the investment or does not transfer property rights, or after the establishment of the company out of capital contribution; subject to the promoters of the company, the shareholders
 
Fraudulent issuance of stocks, bonds, crime
 In the prospectus, warrants or bond issuance plan, concealing important facts or make major false content and the issuance of shares or corporate bonds; as the main unit and individual stocks, bonds
 
Illegal disclosure, not to disclose information crime
 As -- provide financial reports which are false or conceal important facts to shareholders and the general public; not as -- to be other important information disclosure is not in accordance with the disclosure requirements in accordance with the law; serious damage to the interests of shareholders or others, or other serious circumstances; the subject is obligated to disclose the information, enterprises ltd.. Pure unit crime, but a single penalty system.
 
Interference of the accounts settlement
 Subject is the liquidation of the company, the enterprise; in a liquidation, hiding property, or on the balance sheet or inventory false records or distribution company, the outstanding debt of enterprise property. Pure unit crime, but a single penalty system.
 
Concealed, intentionally destroying accounting vouchers, accounting books, financial and accounting reports of crime (one of 162nd)
 The insidious or intentionally destroying shall keep accounting vouchers; is the main unit and individual has the obligation to save.
 
The crime of false bankruptcy (162nd of two)
 Company, enterprise through the hiding property, bearing the fictitious debt or otherwise transfer, dispose of the property, the implementation of false bankruptcy, serious damage to the interests of creditors or other people's behaviors. Pure unit crime, but a single penalty system.
 
With the company, enterprise or other unit staff related crimes
 The non national staff bribery crime
 Body for the company, enterprise or other unit staff (state-owned body composed of article 385th of the criminal law of the crime of accepting bribes; Article 184th of the criminal law is to pay attention to the bank or other financial institution staff commits this crime); behavior: taking advantage of his position, for he property or accept bribes, for the benefit of others a large amount of, (5000 yuan); in economic activities, taking advantage of his position, in violation of state regulations, accept all kinds of commission, fees, to all individuals.
 
The non national staff bribery crime
 To seek illegitimate interests, giving the company, enterprise or other unit staff to property, large amount of behavior. The general subject (including natural person and unit); has to seek illegitimate interests purpose; behavior object for the company, enterprise or other unit staff (not including the "state-owned" subject). Such as bribery in the prosecution of former active account, can be reduced or exempted from punishment.
 
Institutions, State-Owned Company, enterprise crime
 The crime of illegal business operations
 Special subject -- State-Owned Company, corporate director, manager; by taking advantage of their own business or for others, business and service State-Owned Company, business similar to the business, to obtain illegal interests.
 
Crime of illegal profiteering for relatives
 State-Owned Company, enterprise personnel and institutions work, use convenient position, the unit profit business to their relatives and friends in the business, significantly higher or lower than the market price to their friends and relatives management unit purchase or sales of goods, procurement unit to his relatives and friends management substandard goods.
 
The performance of the contract signed, the crime of dereliction and being deceived
 Subject to the directly responsible personnel in charge of State-Owned Company, enterprise, institution; in the process of signing and fulfilling the contract, to be fraud because of serious irresponsibility; subjective aspect of negligence, wilful constitute fraud crime.
 
The crime of dereliction of duty and institutions, enterprises, State-Owned Company
 Because of serious irresponsibility, resulting in State-Owned Company, enterprise bankruptcy or serious losses of state-owned institutions, or serious losses. Before the crime of negligence. Play favouritism and commit irregularities committed this crime shall be given a heavier punishment.
 
State-Owned Company, enterprise personnel and institutions, the crime of breach of privilege
 Because of breach of privilege, resulting in State-Owned Company, enterprise bankruptcy or serious losses of state-owned institutions, or serious losses. The crime of intentionally. Play favouritism and commit irregularities committed this crime shall be given a heavier punishment.
 
Play favouritism and commit irregularities - shares, the sale of state assets crime
 Subject to the directly responsible personnel in charge of State-Owned Company, the directly responsible person in charge or the superior competent department; play favouritism and commit irregularities, the state-owned assets - shares or sell.
 
Damage the interests of the crime of listing Corporation
 Breach of trust to damage the interests of the listing Corporation (one of 169th)
 Listing Corporation directors, supervisors, senior management personnel violate the duty of loyalty to the company, use convenient position, operating listing Corporation engaged in: (1) free to other funds, unit or the individual commodity, service or any other asset; (2) the obviously unfair conditions, providing or accepting money, goods, services or other assets; (3) to provide funds, commodity, service or any other asset or individual who obviously does not have the ability of repayment units; (4) to provide a guarantee for or individual who obviously does not have the ability of repayment units, or to other units or individuals to provide security without justified reasons; (5) a waiver of claims, liabilities without proper reason; (6) the other way damage listing Corporation interests, resulting in heavy losses to the interests of the behavior of listing Corporation.
The listing Corporation of the controlling shareholder or actual controller, to the directors of the listing Corporation, supervisors, senior management personnel to carry out the act mentioned in the preceding paragraph, shall be punished by the crime.
 

The destruction of financial management order crime

 

Currency crime
 The crime of counterfeiting currency
 In violation of regulations in accordance with the currency, currency style, making false currency fake currency
 
The sale, purchase, transport of counterfeit currency crimes
 To sell, buy counterfeit money, or knowingly counterfeit currency and a large amount of transportation
 
The staff of financial institutions to buy counterfeit currency crimes, counterfeit money in exchange for
 The bank or other financial institution staff buy counterfeit money, or take advantage of their positions to the counterfeit money, in exchange for money (special subject is the staff of financial institutions)
 
Hold, the crime of using counterfeit money
 Violation of monetary management regulations, that is counterfeit, use a large amount of possession
 
Crime of altering currency
 Patching, clip, alter, piecing together method on the currency, the currency denomination increase or change, a large amount of
 

Financial bills, securities crimes
 Forged, altered financial tickets
 Forged, altered drafts, promissory notes, cheques, certificate, remittance documents, certificates of deposit, and other bank settlement vouchers, credit or accompanying documents, files or forged (without altering) credit card
 
The hindrance credit card management crime (177th of first)
 Knowledge is the forge credit card holders, transport, or use forged blank credit card holders, transportation, the greater number; illegal possession of other's credit card, the larger number; use of false proof of identity getting credit cards, purchase, sale; put card or false proof of identity. Credit card for the forged credit for others
 
Stealing, buying, illegally providing credit card information crime (177th of second)
 Theft, bribery or other illegal credit card information provided (banks or other financial institutions of the personnel who take advantage of their office to steal, bribery or other illegal credit card information provided, shall be given a heavier punishment)
 
Forged, altered state securities crime
 Forges, alters treasury bonds or other securities issued by the nation, large amount of
 
Forging, altering, company stock, enterprise bond crime
 Forging, altering the shares or corporate, corporate bonds, a large amount of
 
Stocks, company, enterprise bonds to crime
 Unless approved by the competent departments of the state, the issue of shares or corporate bonds, enterprise arbitrarily, the amount is huge, or if there are other serious circumstances of serious consequences
 

 

Financial business crime
 Financial institutions to set up unauthorized crime
 Unless approved by the competent departments of the state, commercial banks, stock exchanges, securities companies, futures exchange, futures Broker's Firm, insurance company or other financial institutions to set up unauthorized
 
Forge, alter, transfer of financial institutions operating license, approval documents of sin
 The approval document of forged or altered, the transfer of commercial banks, stock exchanges, securities companies, futures exchange, futures Broker's Firm, insurance company or other financial institutions, business license, disrupts financial order
 
Crime of relending at high interest rate
 For the purpose to lending, taking credit funds from a financial institution and relending at others, a fairly large amount of illicit income
 
Cheating loan, bills acceptance, financial coupons crime (one of 175th)
 In order to cheating loan, bills acceptance bank or other financial institutions, credit, letter of guarantee, to the bank or other financial institutions caused heavy losses or other serious circumstances
 
The crime of illegal absorbing public deposits
 Illegal absorbing public deposits or disguised absorbing public deposits, disrupts financial order (not the purpose of illegal possession, but only the illegal profit-making purposes)
 
Breach of entrusted property
 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
 
Using funds illegally
 The social security fund management institutions, housing provident fund management institutions and other public fund management institutions, as well as the insurance company, Asset Management Co, insurance, securities investment fund management company, in violation of state regulations, the use of capital.
 
Crime of illegal loans
 The bank or other financial institution staff in violation of state regulations, a huge amount of loans, or cause a major loss (to grant loans, in accordance with the former crime shall be given a heavier punishment; "person" includes: (1) commercial bank's directors, supervisors, managers, credit business personnel and their close relatives; (2) in which the aforesaid personnel investment or holding senior management positions of the companies, enterprises and other economic organizations)
 
Absorption of client funds not recorded crime
 The bank or other financial institution staff; absorption of client funds not accounted for the amount is huge, or cause a major loss
 
Regulations issued by financial coupons crime
 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 (circumstance, does not require "caused great loss")
 
The illegal acceptance, payment, ensure the crime
 The bank or other financial institution staff in bill business, in violation of the provisions of the negotiable instruments law, guarantee the payment or acceptance, causing major losses
 

Foreign exchange crime
 The crime of evading foreign exchange
 Companies, enterprises or other organizations in violation of state regulations, to deposit foreign exchange abroad, or illegally transfer foreign exchange abroad, a large amount of (pure unit crime)
 
The crime of fraudulent purchase of foreign exchange
 By means of cheating, from the State Administration of foreign exchange to buy foreign exchange, a larger amount of: (1) the use of forged or altered, issued by the customs declaration, certificate of import, foreign exchange management department approval certificates and documents such as purchase foreign exchange; (2) repeated use issued by the customs declaration, certificate of import, foreign exchange management department approval certificates and documents such as purchase foreign exchange; (3) other ways to purchase foreign exchange.
 

 

The crime of money laundering

 Knowing is the drug crimes, organized crimes of the underworld, terrorist activity crime, smuggling crime, the crime of corruption and bribery, the destruction of financial management order, crime of financial fraud crime income and its benefit, to cover up, conceal the nature and source of fund account, assist in the transfer of property into cash, financial instruments or securities, through the transfer or other settlement way helping transfer capital, assist the nature and source of the illegal income funds remitted abroad or in other ways to conceal, conceal the crime and the gains of the (belong to crime)
 

Securities and Futures Crime
 Insider trading, disclosing inside information crime
 Insiders of securities, futures trading on inside information or illegal acquisition of securities, futures trading information staff, involved in securities, securities, futures trading or other securities, have a significant impact on futures trading prices information not yet publicized, buy or sell the securities, or engage in futures transactions associated with the insider information leak the information, or, if the circumstances are serious
 
To fabricate and disseminate false information or goods, trading of securities crime
 Fabricating and disseminating false information that affects securities, futures trading, disturb the market securities, futures order, resulting in serious consequences
 
Luring investors to buy and sell securities, futures crime
 Securities exchanges, securities companies, futures exchange, futures Broker's Firm practitioners, the Securities Industry Association, the association of futures industry or the securities and futures supervision department staff, deliberately provides false information, or forged, fabricated, the destruction of records, luring investors to buy and sell securities, futures contracts, resulting in serious consequences
 
The manipulation of securities, futures markets
 In the securities, futures activities, violating the relevant provisions of the state, the manipulation of the securities and futures market, if the circumstances are serious (1) individually or in collusion, financial strength, ownership advantages or positions or the advantage of information superiority to jointly or continuously trading, manipulation of securities, futures trading prices or securities, futures trading volume (2); colluding with others, to the predetermined time, price and mode for securities, futures trading, securities, futures prices or the impact of securities, futures transaction volume; (3 of securities) account to their actual control of the transaction, or to themselves as the transaction object, since the buy from sell futures contracts, securities, influence the price of futures or securities, futures trading volume; (4 methods of Manipulating Securities, futures) to other markets
 

The crime of financial fraud

The crime of fraud
 For the purpose of illegal possession, by using the method of fictitious facts, conceal the truth, illegal to the public to raise funds, large amount of
 Objective is different from the crime of illegal absorbing public deposits
 
The crime of loan fraud
 For the purpose of illegal possession, by using the method of fictitious facts, conceal the truth, defraud the bank or other financial institution loans, large amount: (1) make up the introduction of capital, project false reasons; (2) using false economic contracts; (3) using false documents; (4) using false certificates of property rights or duplicate guarantee exceeding the value of the mortgaged goods; (5) defrauding loans by other means
 Subject can only be a natural person; objective and behavior is different from the crime of relending at high interest rate or cheating loan, bills acceptance, financial ticket
 
The bills defraud crime
 For the purpose of illegal possession, by using the method of fictitious facts, conceal the truth, fraud, financial instruments: use a large amount of (1) use forged, altered drafts, promissory notes, cheques and use; (2) that is voided drafts, promissory notes, cheques and use; (3) use another bill, promissory notes, cheques; (4) issued lip-service or with the reserved seal does not match the cheque, diddle property; (5) drafts, promissory notes issued no funds to ensure the drafts, promissory notes or making false records in the drawer, cheat.
 
Financial documents fraud
 For the purpose of illegal possession, by using the method of fictitious facts, conceal the truth, the use of forged, altered certificate, remittance documents, certificates of deposit, and other bank settlement vouchers for fraudulent activity
 
The letter of credit fraud
 Using forged, altered letters of credit or the accompanying documents, files, or use invalid credit card, or fraudulently obtaining a letter of credit fraud and credit activities carried out by other methods: (1) the use of forged, altered letters of credit or bills, documents attached; (2) use invalid credit card; (3) fraudulently obtaining a letter of credit; (4) the letter of credit fraud activities by other methods
 
Credit card fraud
 The use of forged, invalid credit card, or falsely use another credit card, or the use of malicious overdraft of credit card fraud, large amount of: (1) the use of counterfeit credit card, or using false identity cheat brought credit card; (2) use invalid credit card (3;) of fraudulent use of credit card; (4) the malicious overdraft. The so-called "malicious overdraft" means the holders for the purpose of illegal possession, more than the prescribed time limit or overdraft limit, and after collection by the issuing bank does not return.
 Subject can only be a natural person
 
Securities fraud
 Using a forged, altered Treasury bills and other securities issued by the nation for fraudulent activity, a large amount of
 Subject can only be a natural person; object of action is the only national securities
 
The crime of insurance fraud
 The applicant, the insured or the beneficiary intentionally fictional insurance object, or fabricate false or exaggerated the extent of the loss of the occurrence of an insured accident, or fabricate non insurance accident, or cause insurant intentionally death, disability or illness, cheat bail insurance gold, large amount: (1) the insured intentionally fabricates the subject matter of the insurance, defrauds insurance money; (2) the insurant, the insured or the or the beneficiary intentionally causes losses to the occurrence of an insured accident degree, defrauds insurance money; (3) the insured, the insured or the beneficiary fabricate non insurance accident, defraud insurance money; (4) the insured, the insured intentionally causing the loss of property insurance accident, defrauds insurance money; (5) the insured, the beneficiary intentionally causes the death of the insured, disability or illness, defrauds insurance money.
 Special subject of the insured, the insured, the beneficiary (the insured, but others can be the accomplice)