"Criminal law amendment (eight)" highlights and progress

"Criminal law amendment(Eight)"Bright spot and progress

[note] Blogger2011Years2Month25The Eleventh National People's Congress Standing Committee of the nineteenth meeting of the "PRC Criminal Law Amendment (eight)", will be on the2011Years5Month1The date of promulgation. The criminal law amendment (eight) worth of legal person, entrepreneurs, managers make good reading, worthy of the old Boxing Study hard. Since the amendment of criminal law is larger and modify the important, not just13A the abolition of the death penalty, there are many business crime, the crime of social order, new types of crime, there are new provisions. The criminal law amendment (eight) through, is a big progress, this progress not only reflect the abolition of death penalty of non violent crimes, but also in the new crime of dangerous driving, the malicious back pay crime and crime and illegal trade in human organs75Years old and above do not apply the death penalty and the other a mitigated punishment and18Minors under the age of prescribed punishment of the petty misdemeanor exempt from the criminal record reporting obligations, in addition to the individual terms for political reasons (such as: improve"Stir up trouble crime"The five years from the mentioned ten years, should be to deal with group events and petition, the crime of endangering national security as long as the renegade not harm national security also constitute the crime), the criminal law amendment embodied nine highlights, the revision of great significance, should be highly. The following excerpts of the amendments to the criminal law, so that we study and do a good job in advance.

Eighth of the criminal law amendment embodied nine highlights:

One bright spotThere is limit to up to 25 years in prison;

Highlight twoCancel 13 non violent economic crime death penalty;

Highlight threeTo strictly limit the death sentence;

Highlight four"Malicious wages", "traffic accident", "drunk driving", "racing" into sin;

Highlight fiveSpecial protection for the elderly, minors;

Highlight sixExpand the range of special recidivism strike terror;

Highlight sevenThe illegal trade in human organs to be guilty;

Highlight eightTo reduce the sale of counterfeit drugs, environmental pollution crime threshold;

Highlight nine"Ants" smuggling, falsely making out invoice etc. as a crime.

The amendment to the criminal law of the people's Republic of China (eight)

(2011Years2Month25The Eleventh National People's Congress on the nineteenth session of the Standing Committee)

A, in article seventeenth of the criminal law. After adding a, as one of seventeenth:"The full seventy-five years of age who intentionally the crime, may be given a lighter or mitigated punishment; criminal negligence, shall be given a lighter or mitigated punishment."

(Note: General Chen Youxi, sentencing to modify, old)

Two, in article thirty-eighth of the criminal law in one paragraph is added as the second paragraph:"Sentenced to control, can according to the crime situation, also prohibit criminals to engage in special activities during the period of execution, into specific regions, specific place, contact person."

(Note: General Chen Youxi, the control punishment specific)

Original paragraph second as paragraph third, amended as:"Criminals sentenced to control, shall be subject to community correction."

One paragraph is added as the fourth paragraph:"Violation of the second paragraph of the ban, by the public security organs in accordance with the "Regulations of Public Security Administration Punishment Law of the people's Republic of China."."

(Chen Youxi note: general, criminal law and security law)

Three, in article forty-ninth of the criminal law in one paragraph is added as the second paragraph:"At the time of trial has attained the age of seventy-five years, the application of the death penalty, but by especially cruel means death caused exception."

(Chen Youxi's note: general, the modified principle, death, honoring the old)

Four, the article fiftieth of the criminal law is amended as:"Sentenced to death with a two-year suspension of execution, the execution period, if not intentional crime, after the expiration of two years, to life imprisonment; if there are major meritorious service, after two years, reduced to twenty-five years in prison; if the intentional crime, verification, approval by the Supreme People's court, execution.

"To be sentenced to death with a two-year suspension of execution, a criminal element sentenced to recidivism of death sentence with a reprieve for intentional homicide, rape, robbery, kidnapping, arson, explosion, dissemination of hazardous substances or organized violent crime, the people's court according to the circumstances of the crime and so can also decided on the commutation limit."

(Chen Youxi note: general, sentence commuted the sentence refinement, limit the discretion of judges)

Five, the article sixty-third of the criminal law is amended as:"The criminals with the provisions of this Law of mitigating circumstances, shall be sentenced to a punishment in legal punishment under the provisions of this law; a plurality of sentencing, he shall be sentenced to a punishment in a range of statutory sentencing sentencing range."

(Note: the general, Chen Youxi"Ease"Definition of refinement, limit the discretion of judges)

Six, the article sixty-fifth of the criminal law is amended as:"A criminal element sentenced to fixed-term sentence or more severe punishment, punishment is finished or pardon, within five years shall be sentenced to more than make a punishment of sin, is a recidivist, shall be given a heavier punishment, but the error crime and under the age of eighteen crimes except."

(Note: the general, Chen Youxi"Recidivism"Clearly defined, limit the discretion of judges)

Seven, the article sixty-sixth of the criminal law is amended as:"The criminal crimes of endangering national security, terrorism, organized crimes of the underworld, the penalty is finished or pardon, at any time to make any of such crimes, are to be treated as recidivists."

(Note: General Chen Youxi, for political crimes"Recidivism"Meaning of a more generalized strict penalty provisions)

Eight, in article sixty-seventh of the criminal law in one paragraph is added as the third paragraph:"The suspect is not with the provisions of the preceding two paragraphs plot, but confess, may be given a lighter punishment; for his truthful confession, to avoid serious consequences occur, can reduce the punishment."

(Note: the general, Chen Youxi"Surrender oneself"Extension to explain, encourage frank. Can"Lighter""Ease")

Nine, article sixty-eighth paragraph second delete.

(Note: General Chen Youxi. Meritorious service provisions. Delete"Crime after the surrender and major meritorious services, shall be reduced or exempted from punishment.")

Ten, the article sixty-ninth of the criminal law is amended as:"Before the judgment is pronounced a committed several crimes, except sentenced to life imprisonment and death, should be above the maximum total term following, several sentences, as appropriate, decided to be executed, but the regulation of maximum of not more than three years, criminal detention of not more than one year in prison, a total term of less than thirty-five years, the highest not more than twenty years, the total sentence of thirty-five years or more, the maximum not more than twenty-five years.

(Note: General Chen Youxi. The total sentence for new breakthrough, to be twenty-five years)

"Among the crimes with which a supplementary punishment is imposed, the supplementary punishment shall still be executed, which combined to perform additional penalties of the same kind, different kinds of, respectively, the execution."

Eleven, the article seventy-second of the criminal law is amended as:"Sentenced to criminal detention, the following three years there are criminals in prison, also meet the following conditions, may declare the probation, the people under eighteen years of age, pregnant women and has attained the age of seventy-five years, the probation shall be:

"(a) the circumstances of the crime is lighter;

"(two) there is repentance;

"(three) there is no danger of re offending;

"(four) probation without significant adverse impact on the residential community.

"Probation, according to the criminal case, also prohibit criminals to engage in special activities during the probation period, into specific regions, specific place, contact person.

"A criminal whose sentence is suspended, if a supplementary punishment is imposed, the supplementary punishment shall still be executed."

(Note: General Chen Youxi. Probation standard clear)

Twelve, the article seventy-fourth of the criminal law is amended as:"For recidivists and ringleaders of criminal groups, not applicable probation."

(Note: General Chen Youxi. Not listed felony probation)

Thirteen, the article seventy-sixth of the criminal law is amended as:"The criminal probation, the probation period, shall be subject to community correction, if not the law of the seventy-seventh article of the cases, the expiration of probation, the punishment originally decided is not executed, and shall be announced to the public."

Fourteen, the criminal law is amended as the second paragraph seventy-seventh:"A criminal whose sentence is suspended, during the probation period for violation of laws, administrative regulations, or the departments concerned under the State Council on probation supervision and management regulations, or violation of the people's court injunction, if the circumstances are serious, the suspension shall be revoked, the implementation of the original penalty."

(Note: General Chen Youxi. Probation end program)

Fifteen, the criminal law is amended as the second paragraph seventy-eighth:"After commutation of sentence cannot be less than the actual execution time:

"(a) sentenced to public surveillance, detention, are to be sentenced to not less than the term originally decided, 1/2;

"(two) for those sentenced to life imprisonment, not less than thirteen years;

"(three) the Criminal Court stay of execution in accordance with this law, the provisions of the second paragraph fiftieth restrictions on commutation of the death penalty, after the expiration of the period of suspension of execution shall be reduced to life imprisonment, not less than twenty-five years, after the expiration of the period of suspension of execution shall be reduced to twenty-five years in prison, not less than twenty years."

(Note: General Chen Youxi. Commutation limit)

Sixteen, the article eighty-first of the criminal law is amended as:"A criminal element sentenced to fixed-term sentence, the implementation of the above sentence sentence 1/2, a criminal element sentenced to life imprisonment, the actual implementation of more than thirteen years, he conscientiously observes prison regulations, accepts education and reform, shows true repentance, there is no danger of re offending, release can be false. If there are special circumstances, with the approval of the Supreme People's court, can not subject to the restrictions relating to the term executed.

"Recidivists and for intentional homicide, rape, robbery, kidnapping, arson, explosion, dissemination of hazardous substances or organized violent crime was sentenced to ten years in prison, criminals sentenced to life imprisonment, without the possibility of parole.

"The parole of criminal decision, should consider its release on parole on the community impact."

(Note: General Chen Youxi. Parole standards clear, limit the discretion of judges)

Seventeen, the article eighty-fifth of the criminal law is amended as:"The criminal parole, during the probation period, shall be subject to community correction, if not the law of the eighty-sixth article of the cases, the probation period, the original sentence shall be deemed to have completed, and shall be announced to the public."

Eighteen, the criminal law is amended as the third paragraph eighty-sixth:"The criminals are on parole, during the probation period, in violation of laws, administrative regulations or the relevant departments of the State Council on the behavior of the parole supervision regulations, does not constitute a new crime, the parole shall be revoked in accordance with legal procedures, and committed to prison, not the completion of the execution of punishment."

Nineteen, in article 100th of the criminal law in one paragraph is added as the second paragraph:"When he committed the crime under the age of eighteen was sentenced to the penalty of five years, exemption from the provisions of the preceding paragraph reporting obligations."

(Note: Chen Youxi, employment report from the army criminal record)

Twenty, the article 107th of the criminal law is amended as:"Domestic and foreign institutions, organizations or individuals to support the implementation of chapter 102nd, 103rd, 104th, 105th provisions of the crime, the person directly responsible, is less than five years imprisonment, criminal detention, control or deprivation of political rights; if the circumstances are serious, department for more than five years in prison."

(Note: sub Chen Youxi. Delete"Funding within the organization"Attributive, subsidized object extension for domestic and foreign object, is guilty of this crime)

Twenty-one, the article 109th of the criminal law is amended as:"State functionaries in performing his duties, leaves his post without permission, from overseas or in the outside of the country, is less than five years imprisonment, criminal detention, control or deprivation of political rights; if the circumstances are serious, five to ten years in prison.

(Note: sub Chen Youxi. Delete"Endanger State Security"The original attribute, as long as a renegade, not harm national security also constitute a crime)

"Grasp the state from foreign secret national staff or on the outside of the country, in accordance with the provisions of the preceding paragraph shall be given a heavier punishment."

Twenty-two, in article 133rd of the criminal law. After adding a, as one of 133rd:"Drive a motorized vehicle on the road racing, if the case is serious, or in the way of drunken driving motor, detention, and shall also be fined.

"There are the acts mentioned in the preceding paragraph, which also constitutes another crime, in accordance with the provisions of punishment heavier punishment."

(Note: sub Chen Youxi. Drunk driving, drag racing, crime, penalty is different from administrative detention, detention)

Twenty-three, the article 141st of the criminal law is amended as:"Production, sales of counterfeit drugs, is less than three years imprisonment or criminal detention, and shall also be fined; causing serious harm to human health or other serious circumstances, three to ten years in prison, and shall also be fined; causing death or other especially serious circumstances, department for more than ten years in prison, life imprisonment or death, and concurrently be sentenced to a fine or confiscation of property."

(Note: sub Chen Youxi. Delete the punishment condition"Enough to serious harm to human health"As long as there is a production, sales into sin, increase the intensity of punishment.)

Twenty-four, the article 143rd of the criminal law is amended as:"Production, sales do not meet the food safety standards of food, enough to cause a serious accident of food poisoning or other severe food borne diseases, is less than three years imprisonment or criminal detention, and shall also be fined; causing serious harm to human health or other serious circumstances, three years less than seven years imprisonment, fined; the consequences are especially serious, department for more than seven years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property."

(Note: sub Chen Youxi. The attributive"The food does not meet health standards"Instead of"Do not meet the food safety standards"Fine penalty and simplify the calculation standard)

Twenty-six, the article 151st of the criminal law is amended as:"The smuggling of weapons, ammunition, nuclear materials or counterfeit currency, at more than seven years in prison, and concurrently be sentenced to a fine or confiscation of property; if the circumstances are especially serious, he shall be sentenced to life imprisonment or death, also be sentenced to confiscation of property; if the circumstances are relatively minor, three years less than seven years imprisonment, fined.

(Note: sub Chen Youxi. Cancel third, retention period, no death penalty written this paragraph)

"Smuggling national ban on the export of cultural relics, gold, silver and other precious metal or precious animal prohibited import and export its products, more than five years to ten years in prison, and shall also be fined; if the circumstances are especially serious, department for more than ten years in prison or life imprisonment, confiscation of property; if the circumstances are relatively light, is less than five years imprisonment, fined.

(Note: sub Chen Youxi. Crime of smuggling cultural relics, the crime of smuggling, smuggling precious metals precious animal and its products sin, cancel third, cancel the free period, the death penalty)

"The smuggling of rare plants and their products in countries such as the prohibition of other goods, the import and export, is less than five years imprisonment or criminal detention, or be fined; if the circumstances are serious, department for more than five years in prison, fined.

"Where a unit commits the crimes, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with this article, the provisions of paragraph."

Twenty-seven, the article 153rd of the criminal law is amended as:"The 151st article of this law, except the smuggling of article 152nd, the provisions of article 347th of the goods, articles, according to the seriousness of the case, were punished in accordance with the following provisions:

"(a) the smuggling of goods, the amount of tax evasion is big or a year for smuggling is two administrative sanctions and smuggling, is less than three years imprisonment or criminal detention, and the amount of tax evasion is one to five times the fine.

"(two) the smuggling of goods, the amount of tax evasion is enormous or other circumstances are serious, department for more than three years to ten years in prison, and the amount of tax evasion is one to five times the fine.

"(three) the smuggling of goods, the amount of tax evasion is especially huge or other especially serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, and the amount of tax evasion is one to five times the fine or confiscation of property."

(Note: sub Chen Youxi. The crime of smuggling common goods, cancelled15Million,50Other tax provisions million, prevent the criminal law is influenced by inflation and unscientific amount grade)

Twenty-eight, the article 157th of the criminal law is amended as:"Smuggling arms, in accordance with this law, the provisions of the first paragraph of article 151st shall be given a heavier punishment."

(fifty-one to three phase connection)

Twenty-nine, the article 164th of the criminal law is amended as:"To seek illegitimate interests, giving the company, enterprise or other unit staff to property, large amount of, is less than three years imprisonment or criminal detention; the enormous amount of, at more than three years to ten years in prison, fined.

"To seek illegitimate business interests, given to foreign public officials and officials of public international organizations to property, shall be punished in accordance with the provisions of the preceding paragraph.

(Note: sub Chen Youxi. Added"Other units of staff","Officials of foreign public officials or public international organization"The subject of the crime, expansion)

"Where a unit commits the crime in the preceding two paragraphs, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, shall be punished in accordance with the provisions of the first paragraph.

"In the prosecution of former briber confesses his crime may be given a mitigated punishment or be exempted from punishment."

Thirty, the article 199th of the criminal law is amended as:"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, also be sentenced to confiscation of property."

(Note: sub Chen Youxi. Cancel ninety-four bills fraud, financial documents fraud, ninety-five letters of credit fraud crime death penalty)

Thirty-one, the article 200th of the criminal law is amended as:"Where a unit commits the day 192nd, 194th, 195th provisions of the crime, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, is less than five years imprisonment or criminal detention, may also be fined; if the amount is enormous or other circumstances are serious, department for more than five years ten years in prison, and shall also be fined; if the amount involved is especially huge or other especially serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, fined."

(Note: sub Chen Youxi. Add ninety-two fund-raising fraud, ninety-four the bills defraud crime, crime of financial certificate fraud, ninety-five letter of credit fraud crime penalty)

Thirty-two, article 205th paragraph second delete.

(Note: sub Chen Youxi. To abolish the death penalty Xukai invoice crime)

Thirty-three, in article 205th of the criminal law. After adding a, as one of 205th:"Other invoices Xukai 205th article of this law, if the circumstances are serious, is less than two years imprisonment, criminal detention or control, and shall also be fined; if the circumstances are especially serious, department for more than two years of less than seven years imprisonment, fined.

(Note: sub Chen Youxi. Falsely making out other invoices crime)

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

Thirty-four, article 206th paragraph second delete.

(Note: sub Chen Youxi. Deleting the original"The sale of fake and forged special invoices for value-added tax, the amount is especially huge, if the circumstances are especially serious, serious damage to the economic order, shall be sentenced to life imprisonment or the death penalty, also be sentenced to confiscation of property."That the abolition of forgery, sales promotion value of the death penalty tax invoices)

Thirty-five, in article 210th of the criminal law. After adding a, as one of 210th:"Knowing is forged invoices and hold, large quantity, is less than two years imprisonment, criminal detention or control, and shall also be fined; a great number of, two years less than seven years imprisonment, fined.

(Note: sub Chen Youxi. Increase"Holding a forged invoices")

Thirty-six, the article 226th of the criminal law is amended as:"Using violence, threats, the implementation of one of the following acts, if the circumstances are serious, is less than three years imprisonment or criminal detention, or be fined; if the circumstances are especially serious, department for more than three years of less than seven years imprisonment, fined:

"(a) to sell or buy goods;

"(two) forcing others to provide or accept services;

"(three) forcing others to participate in or withdraw from the tender, auction;

"(four) forcing others to transfer or acquiring company, enterprise shares, bonds or other assets;

"(five) forcing others to participate in or withdraw from a certain business operation."

(Note: sub Chen Youxi. Increase"Crime of forced transaction"The sentencing, from three to seven years. And the objective aspect of the crime list)

Thirty-seven, in article 234Th of the criminal law. After adding a, as one of 234th:"Organizing others betray body organs, is less than five years imprisonment, fined; if the circumstances are serious, department for more than five years in prison, and concurrently be sentenced to a fine or confiscation of property.

"Removal of the body organs against their wishes, or I was not agreed, in violation of state regulations, take the body organs against their close relatives will, in accordance with the provisions of article 302nd convicted and punished."

(Note: sub Chen Youxi. In the crime of illegal blood collection, blood accident crime, increase"The organization crime of selling organs","The crime of illegal organ harvesting")

Thirty-eight, the article 244th of the criminal law is amended as:"Forcing others to violence, threat or restriction of personal freedom of labor, is less than three years imprisonment or criminal detention, and shall also be fined; if the circumstances are serious, department for more than three years of less than ten years imprisonment, fined.

(Note: sub Chen Youxi. The original"The crime of forced labor". We should be"The crime of forced labor". Article 244th the:"The employing unit violates labor laws and regulations, forcing workers to labor by restricting personal freedom, if the circumstances are serious, the persons who are directly responsible, is less than three years imprisonment or criminal detention, or be fined."Now in addition to the unit, provisions for individual crime. Combined with the features of"Violence, threat or restriction of personal freedom"The sentencing, increase, from three years to ten years)

"Knowingly commits the act, for the recruiting, transporting personnel or other assistance force others to work behavior, shall be punished in accordance with the provisions of the preceding paragraph.

Thirty-nine, the article 264th of the criminal law is amended as:"Theft of public or private property, the larger amount, or multiple theft, burglary, larceny, theft of carrying weapon, is less than three years imprisonment, criminal detention or control, or be fined; if the amount involved is huge or other serious circumstances, three years or ten years in prison, fined; if the amount involved is especially huge or other especially serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property."

(Note: sub Chen Youxi. Theft completely abolish the death penalty.97The criminal has been removed most of the death penalty, only two kinds of theft of the death penalty. We then delete"Any of the following circumstances, he shall be sentenced to life imprisonment or death, confiscation of property: (a) the theft of financial institutions, if the amount is especially huge; (two) the theft of precious cultural relics, if the circumstances are serious."The death penalty, China larceny abolished.)

Forty, the article 274th of the criminal law is amended as:"Blackmail and impose exactions on public and private property, a relatively large amount of time or blackmail and impose exactions on, is less than three years imprisonment, criminal detention or control, or be fined; if the amount involved is huge or other serious circumstances, three to ten years in prison, and shall also be fined; if the amount involved is especially huge or other especially serious circumstances, at for more than ten years in prison, fined."

(Note: sub Chen Youxi. Blackmail and impose exactions on counts increased"Or multiple blackmail and impose exactions on"The term, improve, increase the fine punishment)

Forty-one, in article 276th of the criminal law. After adding a, as one of 276th:"The method of transfer of property, escape to avoid paying the remuneration of workers or the ability to pay and no pay labor remuneration, labor amount is larger, the relevant departments of the government shall pay still do not pay, is less than three years imprisonment or criminal detention, or only be fined; if the consequences are serious, department for more than three years less than seven years imprisonment, fined.

(Note: sub Chen Youxi. Increase"The malicious back pay crime")

"There are two kinds of actions, no serious consequences, pay the remuneration of workers in the public prosecution, and bear corresponding liability for compensation according to law, can be reduced or exempted from punishment."

Forty-two, the article 293rd of the criminal law is amended as:"One of the following acts of creating trouble, undermines social order, is less than five years imprisonment, criminal detention or control:

"(a) they beat the others, if the case is serious;

"(two), chase intercept, insulting, threatening to others, if the case is serious;

"(three) take strong force or any damage to, occupation of public or private property, if the circumstances are serious;

"(four) in a public place, creating a disturbance, causing serious disorder in public places.

"Many people repeatedly commits the act, serious damage to the social order, the Department for more than five years to ten years in prison, can be fined."

(Note: sub Chen Youxi. To improve the"Stir up trouble crime"The sentencing, five years from the mentioned ten years. To deal with the group events)

Forty-three, the article 294th of the criminal law is amended as:"The organization, leading a Mafia organization, department for more than seven years in prison, also be sentenced to confiscation of property; the active participants, three to seven years in prison, may concurrently be sentenced to a fine or confiscation of property; in the other, is less than three years imprisonment, criminal detention, control or deprivation of political rights, may concurrently be sentenced to a fine.

"Mafia abroad to the development staff members within the territory of the people's Republic of China, three to ten years in prison.

"Workers of state organs who harbored the underworld property organization, or connive illegal and criminal activities of the organization, is less than five years imprisonment; if the circumstances are serious, department for more than five years in prison.

"Three paragraphs are committed and other crimes shall be punished in accordance with the provisions, the combined punishment for several crimes.

"The underworld property organization should also have the following characteristics:

"(a) the criminal organization is relatively stable, the number, there are clear organizer, leader, basically fixed backbone members;

"(two) organized to obtain economic benefits through illegal and criminal activities or other means, has a certain economic strength, to support the activities of the organization;

"(three) by violence, threat or other means, organized many illegal and criminal activities, do evil, oppression, harming the masses;

"(four) through the implementation of the illegal and criminal activities, or the use of harboring or connivance by the State functionaries, dominate the party, in a certain area or industry, forming an illegal control or significant influence, serious damage to the economy, social order."

(Note: sub Chen Youxi. Definition"The underworld crime"Definition. Organization, economy, violence, umbrella four characteristics. The increased to more than seven years, the original limit below ten years)

Forty-four, the article 295th of the criminal law is amended as:"Teaching methods of committing a crime, is less than five years imprisonment, criminal detention or control; if the circumstances are serious, department for more than five years of imprisonment less than ten years; if the circumstances are especially serious, department for more than ten years of fixed-term imprisonment or life imprisonment."

(Note: sub Chen Youxi. Cancel"Crime of Imparting Criminal Methods"Death penalty.

Forty-five, the article 328th of the criminal law is amended as:"Excavation has historical, artistic or scientific value, the ancient cultural sites, ancient tombs, the Department for more than three years to ten years in prison, and shall also be fined; if the circumstances are relatively minor, is less than three years imprisonment, criminal detention or control, and shall also be fined; in any of the following circumstances, department for more than ten years in prison or life imprisonment, and concurrently be sentenced to a fine or confiscation of property:

"(a) they identified as a national key cultural relics protection units and the provincial cultural relics protection units of the tomb of ancient cultural sites, buried;

"(two) the first molecular robbing ancient cultural ruins, ancient tomb group;

"(three) repeatedly excavating and robbing ancient cultural sites, ancient burial;

"(four) excavation of ancient sites of ancient culture, funeral, and stealing precious cultural relics or causing serious damage to valuable cultural relics."

(Note: sub Chen Youxi. Cancel"Excavation of ancient sites of ancient culture, funeral sin"Death penalty.

Forty-six, the article 338th of the criminal law is amended as:"In violation of state regulations, discharge, dumping or disposal of radioactive waste, waste containing pathogen of infectious diseases, toxic substances or other harmful substances, severe pollution of the environment, is less than three years imprisonment or criminal detention, or be fined; if the consequences are especially serious, department for more than three years to seven years in prison, and shall also be fined."

(Note: sub Chen Youxi."The crime of major environmental pollution accident"Now, instead of"The crime of illegal pollution of the environment".

The original 338th: in violation of state regulations, to the land, water, air emissions, dumping or disposal of radioactive waste, waste containing pathogen of infectious diseases, toxic substances or other hazardous waste, causing serious environmental pollution accident, resulting in serious consequences by significant losses or human casualties of public or private property, three years in prison or detention, or be fined; if the consequences are especially serious, department for more than three years of less than seven years imprisonment, fined. The discharge form, consequences of the accident will no longer be required, as long as the pollution that constitute a crime, the result crime to crime, more stringent Protect environment)

Forty-seven, the article 343rd of the criminal law is amended as:"Mineral resources law, without a mining license, unauthorized entry into national planning mining, mining and other mining area mining has important value to the national economy, or unauthorized exploitation of the State applies the specified minerals of which protective mining, if the circumstances are serious, is less than three years imprisonment, criminal detention or control, or be fined; if the circumstances are especially serious, department for more than three years of less than seven years imprisonment, fined."

　(Note: sub Chen Youxi."Destructive mining crime"Instead"The crime of unauthorized mining"."Delete"The ordered to stop mining refuses to stop mining, causing damage to mineral resources"A consequence of this requirement, as long as the illegal mining serious, committed to the circumstance.)

Forty-eight, the criminal law is amended as the third paragraph 358th:"As the organization prostitution were recruited, transported personnel or other help organize the prostitution of others behavior, is less than five years imprisonment, fined; if the circumstances are serious, department for more than five years of less than ten years imprisonment, fined."

(Note: sub Chen Youxi."Assist the organization prostitution crime", increase"Recruiting, transporting personnel or other assistance"The phenomenon of lists, clear)

Forty-nine, in article 408th of the criminal law. After adding a, as one of 408th:"Work personnel of state organs in charge of food safety supervision and management duties, breach of privilege or be forgetful of one's duties, causing a major food safety accidents or other serious consequences, is less than five years imprisonment or criminal detention; if the consequences are especially serious, five years to ten years in prison.

"Play favouritism and commit irregularities committed the crime mentioned in the preceding paragraph, shall be given a heavier punishment."

(Note: sub Chen Youxi."Environmental supervision and dereliction of duty crime", plus a"The food safety supervision and dereliction of duty crime"The limit of three years, up to ten years.)

Fifty, the amendment shall2011Years5Month1The date of promulgation.

Xinhuanet.com Beijing 25 February, the eleven session of the nineteenth National People's Congress 25 days of voting by the "PRC Criminal Law Amendment (eight)", President Hu Jintao signed the chairman shall be promulgated by order No. forty-first. Xinhua news agency, 25 authorized the full text of the amendments to the criminal law (eight).

The criminal law amendment (eight) a total of fifty, the relevant provisions of the criminal law was revised, increased. The criminal law amendment (eight) to further implement the criminal policy of combining punishment with leniency, canceled 13 economy that the death penalty for non violent crime, the death penalty and no criminals in prison sentence, parole made strict norms, logarithmic crimes the implementation period adjustment has been made, has increased the intensity of recidivism and the crime of the underworld organization punishment will be drunkDrunk drivingCar, motorcycle racing, refused to pay labor remuneration and other serious harm to the interests of the masses of the Act provides for the crime, refine the provisions of food safety hazards, production and sales of fake drugs and environmental resources and other aspects of crime, and further strengthen the protection of criminal law on the people's livelihood, according to the law of community correction of provisions. The criminal law amendment (eight) shall be implemented as of May 1, 2011.

<The criminal law>Amendment (eight)"Add, subtract, multiply and divide"

This paper/Liu Guiming

Another concern, being concerned about the criminal law amendment was born

As"1997Version of "criminal law" "the eighth amendment, compared with the previous seven amendment, obviously its birth more unique, more need to study.

Can almost be called a small law or regulations50Provisions, seems simple, but in fact the extraordinary significance. If I were summed up, I can "substance use four words to describe the amendment of criminal law add, subtract, multiply and divide" and special significance.

One is the"Plus"Be realistic.So-called"Plus", refers to the content or charges. We see,"Drunk driving and racing"Dangerous driving behavior was first written into the "criminal law","The malicious back pay and pay remuneration"Behavior first included in the "criminal law","According to the practice of community correction"As a concept, or even as a new system design, it was first written into the "criminal law".

As everyone knows, in recent years has become a hot news because of drunk driving and racing in the city caused casualties, had become the social from all walks of life cherish a deep-seated hatred for two"Killer on the road". Therefore, the "criminal law amendment (eight)" to make positive response. So, drunk driving, drag racing and other dangerous driving behavior into the sin. The revised "criminal law" clearly defined:"Drive a motorized vehicle on the road racing, if the case is serious, or in the way of drunken driving motor, detention, and shall also be fined. There are the acts mentioned in the preceding paragraph, which also constitutes another crime, in accordance with the provisions of punishment heavier punishment."Not only that, this revision a"Dangerous driving"The formal conviction, but also really changed"The after punishment"The traditional way. In the past, the crime of causing traffic casualties provisions of China's "criminal law" in, requirements must be caused casualties for the perpetrators of serious negligence to criminal punishment. Now, regardless of the consequences, as long as there is a dangerous driving behavior will be punished.

When it comes to the malicious back pay, we all know that work for money, as unalterable principles, but in real life is often the exception. Only concerned about the media reports will find, some helpless workers especially migrant workers, often kneel, climbing tower crane, jump off building and other extreme seeking Taoxin news, often become the hot news. Why wages in arrears malicious behavior despite repeated prohibitions? Then, in view of the reality of the staged"The malicious back pay"Behavior, "criminal law amendment (eight)" made specific provision:"The method of transfer of property, escape to avoid paying the remuneration of workers or the ability to pay and no pay labor remuneration, labor amount is larger, the relevant departments of the government shall pay still do not pay, is less than three years imprisonment or criminal detention, or only be fined; if the consequences are serious, department for more than three years less than seven years imprisonment, fined."Can be expected, will"The malicious back pay"Defined as criminal acts, will help ease the majority of migrant workers in a certain degree of difficulty. However, I still worry about the operation. In other words, to truly reflect the deterrent effect.

For the community correction, despite years of exploration in practice, but the current "criminal law" has not been reflected. Only the provisions:"The criminal probation, the probation period, investigation by the public security organs, the unit or the basic level organization to coordinate."The "criminal law amendment (eight)" will be"Investigation by the public security organs"Instead of"According to the practice of community correction". At the same time, criminals sentenced to public surveillance, also from the original"Executed by a public security organ"Instead of"According to the practice of community correction". As a mode of operation, more as a system design,"Community correction"Refers to the sentenced to public surveillance, probation, is the temporary execution outside prison, convicted of parole the criminals into the community, by the special social groups in the relevant state organs, non-governmental organizations and the social volunteers, in the judgment, ruling or decision within the time limit set, supervision and education on the criminals, to promote the smooth and effective return to society. According to engage youth crime prevention experience during my time in the League Central Services, especially obvious transformation of the delinquent juvenile and the education effect of this system. It is reported, since 2009, the implementation of community correction, the country totaled over the community correction personnel about 400000 people, the cumulative release correction of about 200000 people, the community correction of recidivism in the correction of the total number of correction during the acceptance of 0.18%, received good results. Visible, the community correction plays an important role in maintaining social stability. More importantly, the promotion of community correction is not only beneficial to focus resources on those in prison correction only criminals in prison conditions can be modified, and mobilize social forces to rectify and reform criminals, will improve the quality of education and reform criminals effectively. Community corrections will be written into the "criminal law", can be said to be an important reform in the aspects of non imprisonment penalty method, whose purpose is to take more effective supervision and management on the part of the perpetrator, and can also help them to return to society, social integration.

Two"Reduction"In accordance with the tide.No doubt, I highlight here"Reduction"Nature is the abolition of the death penalty charges that the. In our country, about the death penalty abolished all, although has been a controversial topic, but from the real target is only one"Hundred years dream". Therefore, the use of continuous limit the death penalty and timely to reduce the death penalty charges, is a logical Chinese practical choice, is a line with the trend of the times progress. The most to attract the eye of the "criminal law" amendment, is the change of the death penalty charges only"Addition"Do not do"Subtraction"Approach, in one fell swoop cancelled13An economical, non violent crime, the death penalty, accounting for China's "criminal law" in 1/5 death penalty charges. In accordance with the provisions of the "criminal law" the eighth amendment, since May 1st this year, crime of smuggling cultural relics, the crime of smuggling precious metals, precious, precious animal products animal smuggling crime, crime of smuggling ordinary goods,, the bills defraud crime, crime of financial certificate fraud, crime of fraud on letter of credit, the VAT invoices to defraud export, tax rebate, tax invoices, forge, sell forged special invoices for value-added tax crime, the crime of theft, crime of imparting criminal methods, robbing ancient cultural sites, ancient tombs sin, robbing ancient human fossils, ancient vertebrate fossils of 13 non violent economic crime will not be sentenced to death, death penalty charge in China by 68 down to 55. The most attract sb.'s attention changes, since 1979 is the "criminal law" the promulgation of the new China first cut the death penalty charges, highlights from the top to the public consensus about the respect for life and the protection of human rights, started the real formation of legal knowledge.

Three"Take the"With the people's livelihood.This"Take the", is given to criminal acts that endanger others survival and development rights of punishment, not punishment, but to the aggravated punishment. Even can say, is not only increased, but the double punishment. For example, food safety, the amendment not only reduces the plea bargain, but also increased the punishment. From happening in recent years"Tonyred events","The melamine event"To the recent"Leather milk incidents","Noodles mixed with glue events", all that, food security problem not only disrupt the order of production, but also endanger the survival and life of every citizen. Thus, requirements"Increase the food safety crime punishment"Became the universal appeal of all circles of the society. Therefore, the "criminal law" amendment, a suitable conditions to increase in the provisions of food safety crime, which has caused serious harm to human health and,"Or if there are other serious circumstances", also will be relevant punishment. The current "criminal law" provisions:"In the production, sale of food mixed with poisonous, harmful non food raw materials, or knowingly sells mixed with toxic, harmful non food raw food, is less than five years imprisonment or criminal detention, or impose a single sales amount50%More than two times the fine."The revised "criminal law", delete"Less than five years imprisonment or criminal detention"In the"Criminal detention". Such an arrangement, the food safety crime minimum sentences into prison. In fine, only put forward"And shall also be fined", not a specific amount, it also provides operating space to give punishment heavier and more from the economy.

Also of concern is the "criminal law amendment", to reduce the death penalty charges at the same time, also increased the two tallest penalty of the crime for the case of the death penalty. This is the production, selling poisonous food crime and the crime of organizing others betray body organs.

The "criminal law" amendment (eight) provides that: "in the production, sale of food mixed with poisonous, harmful non food raw materials, or knowingly sells mixed with toxic, harmful non food raw food, is less than five years imprisonment, fined; to cause serious harm to human body or other circumstances are serious, five to ten years in prison, and shall also be fined; causing death or other especially serious circumstances, in accordance with the provisions of the criminal law141The punishment." While the "criminal law" article141The provisions of the production, sales of counterfeit drugs crime, the maximum punishment of death.

"Criminal law amendment (eight)" provisions, add a "criminal law" in article 234Th, as one of 234th:"Organizing others betray body organs, is less than five years imprisonment, fined; if the circumstances are serious, department for more than five years in prison, and concurrently be sentenced to a fine or confiscation of property."

"Without the consent of the organ harvesting from, or under the age of eighteen organs, or force, deceive others donate organs in accordance with the provisions of this law, article 234Th, article 232nd convicted and punished."The current "criminal law"232Article,234Bars are respectively provided the crime of murder and mayhem, the maximum punishment is death.

"Criminal law amendment (eight)" also stipulates: "the removal of the body organs against their wishes, or I was not agreed, in violation of state regulations, take the body organs against their close relatives, intention, will be punished."

It is understood, there are 1000000 people or hemodialysis in our country every year, need a transplant; liver transplantation patients with advanced liver disease to 300000 each year, and this one is only about 1% of the patients can obtain the chance of organ transplantation. Therefore."Donor"The shortage is bound to lead to the existence of the illegal trade in human organs.Therefore, the law must respond. Therefore, the crime that the illegal trade in human organs must crack down and punish.

Four"In addition to"In accordance with the law.The "criminal law" amendment, reduce not only increased charges and the death penalty, there are double the degree of punishment, and in the"Laws do not discriminate against anyone"Context"Except"Management. Such a vote by the "criminal law amendment (eight)" the provisions:"At the time of trial has attained the age of 75 years, the application of the death penalty, but by especially cruel means death caused exception."At the same time:"The full 75 years of age who intentionally the crime, may be given a lighter or mitigated punishment; criminal negligence, shall be given a lighter or mitigated punishment."

The provisions of the laws on the one hand"The trial has attained the age of 75 years shall not apply the death penalty"But on the other hand, in order to prevent"The 75 year old to death"Negative guidance, understanding that may be caused by the therefore, the revision to give full consideration to the actual situation. So, at the same time also made"Except"Special provisions. While similar"Except"Regulations, to the minors and the elderly. In this regard, deputy director of the NPC Standing Committee Law Committee Lang Sheng made the following summary: on the one hand, better embody the criminal policy of combining punishment with leniency of punishment, some adjustments, such as the cancellation of part of the criminal penalty, standard was sentenced to death with reprieve of commutation and parole, after the actual implementation period, adjusted for the in prison, for minors, the elderly some penalty provisions of the adjustment. On the other hand, according to the needs of economic and social development, to further strengthen the protection of criminal law on the people's livelihood, aggravated crime on some serious violations of people's life security punishment, such as the production of toxic and harmful food, fake medicines etc.. In addition, adds some new crimes, such as refusing to pay laborers remuneration, drunk driving, drag racing. Has increased the intensity of some serious criminal punishment, such as organized crimes of the underworld, and recidivism punished all increased.

It should be said, is equal, also speak except, is the true embodiment of the equivalent principle. Do this, can make between crime, criminal responsibility and penalty three balanced relations maintain an inherent, corresponding. Of note, the"Except"Not only lighter or mitigated, in fact there are heavier and heavier punishment. For example, the "criminal law" amendment(Eight)Involved in three articles"The personnel of state organs"Who, are sin, shield, connive, environmental supervision and dereliction of duty crime. Compared with the general subject of crime, the punishment is severer punishment. 　

Of course, this revision hot concern many. But from my personal feeling, the most noteworthy is the emphasis of this paper"Add, subtract, multiply and divide"Principle. The specific and the provision of more concern and understanding, might as well on this50A provision in the read every single word or phrase, believe that will have a greater harvest.