"Criminal law amendment (eight)" new law comparison and interpretation of

 

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"Criminal law amendment (eight)" new law comparison and interpretation
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The old law

The new law

Interpretation of revision and test prediction

1

Article seventeenth: "the full sixteen years of age who commits a crime, he shall bear criminal responsibility.
Over fourteen years of age under sixteen years of age, the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, poisoning crime, criminal responsibility shall be borne.
The full fourteen years of age under the age of eighteen crimes, shall be given a lighter or mitigated punishment.
Under sixteen years of age are not subject to criminal punishment, his parents or guardian shall be ordered to discipline; when necessary, can also be taken in by the government."

The seventeenth one: "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."

As a criminal one of seventeenth increase:"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".
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2

Article first paragraph thirty-eighth: "the term of control, for more than three months to two years."
The second paragraph: "thirty-eighth criminals sentenced to public surveillance, executed by a public security organ."

Article second paragraph thirty-eighth: "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."
The third paragraph: "criminals sentenced to control, in accordance with the lawThe implementation of community correction."
The fourth paragraph: "in violation of the provisions of the second paragraph of prohibition, by the public security organs in accordance with the" Regulations of Public Security Administration Punishment Law of the people's Republic of China. "."

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 provisions place, contact person ".
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."."
Modify:"The criminals sentenced to control, executed by a public security organ repair" to "shall be subject to community correction". (The second paragraph as the third paragraph revised)
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Article forty-ninth: "when he committed the crime under the age of eighteen and trial of pregnant women, the application of the death penalty."

Article second paragraph forty-ninth:"At the time of trialThe full seventy-five years of age, the application of the death penalty,But by especially cruel means death caused exception."

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."
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Article fiftieth: "sentenced to death with a 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 fifteen to twenty years in prison; if the intentional crime, verification, approval by the supreme people's court, execution."

Article fiftieth: "sentenced to death with a 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 toTwenty-five yearsIn 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 the recidivism and murder, rape, robbery, kidnapping, arson, explosion, dissemination of hazardous substances orOrganized violence crimeA criminal element sentenced to death with a two-year suspension of execution,The people's court according to the circumstances of the crime and so can also decided on the commutation limit."

Modify:"If there is significant meritorious service, after two years, reduced to fifteen to twenty years in prison" is amended as: "if there are major meritorious service, after two years, reduced to twenty-five years in prison".
At the same time, increase the following provisions: "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."
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The first paragraph: "sixty-third criminals with the provisions of this Law of mitigating circumstances, shall be sentenced to a punishment below the legally prescribed punishment."

The first paragraph: "sixty-third 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 range, should be in theAmplitude under a statutory sentencing sentencingSentenced to a punishment."

The first paragraph sixty-third of the criminal law will add the following content:"The provisions of this law, a plurality of sentencing range, should be in theMethodA sentencing range quantitative range of punishment in the penalty."
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Article first paragraph sixty-fifth: "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 negligence crime except."

Article first paragraph sixty-fifth: "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 andExcept for persons under the age of eighteen with a crime."
"

The criminal law amendment and the first paragraph sixty-fifth add the following content:"But the negligent crime and under the age of eighteen crimes except."
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Article sixty-sixth: "the crime of endangering national security in the penalty is finished or pardon, at any time to commit the crime of endangering national security, are to be treated as recidivists."

Article sixty-sixth: "the crime of endangering national security,The criminal terrorist crimes, organized crimes of the underworldIn the future, the penalty is executed or pardon, at any time to make any of such crimes, are to be treated as recidivists."

The criminal law amendment and the first paragraph sixty-sixth add the following content:"The criminal crimes of endangering national security, terrorism, organized crimes of the underworld". Will"At any time to recidivism crime of endangering national security, are to be treated as recidivists."Amended as"At any time to make any of such crimes, are to be treated as recidivists."
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Article first paragraph sixty-seventh: "after the voluntary surrender, the confession of his crime, is surrendered. Criminals surrender may be given a lighter or mitigated punishment. Among them, the lesser crime, may be exempted from punishment."
Article second paragraph sixty-seventh: "the coercive measures of criminal suspects, defendants and is serving a sentence, the confession of the judicial organ has not grasped myself other crimes, to surrender."

Article third paragraph sixty-seventh: "although suspects do not have 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."

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."
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Article first paragraph sixty-eighth: "criminals expose others to crime, verified, or provide important clues, and the cracking of other cases meritorious performance, may be given a lighter or mitigated punishment; there are significant meritorious performance, can be reduced or exempted from punishment.
Article second paragraph sixty-eighth: "crime after the surrender and major meritorious services, shall be reduced or exempted from punishment."

 

The second paragraph sixty-eighth of the criminal law will delete the content.
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Article first paragraph sixty-ninth: "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, are to be sentenced to not more than twenty years."
Article second paragraph sixty-ninth: "if the number of crimes in a supplementary punishment is imposed, the supplementary punishment shall still be executed."

Article first paragraph sixty-ninth: "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 total term of less than thirty-five years, the maximum not more than twenty years, the total sentence of thirty-five years or more, the maximum not more than twenty-five years.
Article second paragraph sixty-ninth: "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."

Modify:The article sixty-ninth of the criminal law in first paragraph "are to be sentenced to not more than twenty years in prison for" modify "total term of less than thirty-five years, the maximum not more than twenty years, the total sentence of thirty-five years or more, the maximum not more than twenty-five years."
The article sixty-ninth of the criminal law second increase in "which combined to perform additional penalties of the same kind, different provisions, respectively, to implement".
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The first paragraph: "seventy-second sentenced to criminal detention, the following three years there are criminals in prison, according to the circumstances of the crime and the performance of repentance criminals, probation does not cause further harm to society, to probation."
Article second paragraph seventy-second: "a criminal whose sentence is suspended, if a supplementary punishment is imposed, the supplementary punishment shall still be executed."

The first paragraph: "seventy-second sentenced to criminal detention, the following three years there are criminals in prison,Meet the following conditions at the same time,Suspension of sentence may be pronounced, thePeople under eighteen years of age, pregnant women and has over seventy-five years of age,ShouldProbation:
(a) the circumstances of the crime is lighter; (two) repentance; (three) there is no danger of re offending;
(four) probation without significant adverse impact on the residential community."
Article second "seventy-second 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."
Article third "seventy-second criminal whose sentence is suspended, if a supplementary punishment is imposed, the supplementary punishment shall still be executed."

The article seventy-second of the criminal law in first paragraph"According to the circumstances of the crime and the performance of repentance criminals, probation does not cause further harm to society, to probation"Amended as"Meet the following conditions at the same time, can be declared 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) repentance; (three) there is no danger of re offending;
(four) probation without significant adverse impact on the residential community."
One paragraph is added as the second paragraph:"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."
The second paragraph in the original content is the same as the third paragraph,
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Article seventy-fourth: "not for recidivism, probation."

Article seventy-fourth: "for recidivism andThe ringleaders of criminal groups, not applicable probation."

The provisions on the crime group increased the ringleader not applicable probation.
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Article seventy-sixth: "a criminal whose sentence is suspended, during the probation period, investigation by the public security organs, the unit or the basic level organization cooperate, if not the law of the seventy-seventh article of the cases, the expiration of probation, the punishment originally decided is not executed, and a public announcement shall be."

Article seventy-sixth: "the criminal probation, during the probation period, according to the lawThe implementation of community correctionIf 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."

The article seventy-sixth of the criminal law "Investigation by the public security organs, the unit or the basic level organization to coordinate"Amended as"According to the practice of community correction".
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Article second paragraph seventy-seventh: "a criminal whose sentence is suspended, during the probation period, in violation of the law, administrative regulations or the public security department under the State Council on probation supervision and management regulations, if the circumstances are serious, the suspension shall be revoked, the implementation of the original penalty."

Article 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."

Increase"The people's court or violation of prohibition, if the circumstances are serious"This situation.
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Seventy-eighth the second paragraph: "after commutation the actual execution of the sentence, sentenced to public surveillance, detention, are to be sentenced to not less than the term originally decided, 1/2; sentenced to life imprisonment, not less than ten years."

The Seventy-eighth paragraph second: 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.Sentenced to life imprisonment, not less than thirteen years;
(three) the people's court in accordance with the provisions of the second paragraph of the act of fiftiethThe criminal restrictions on commutation of the death sentence with a reprieve, 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."

Modify:"Sentenced to life imprisonment, not less than ten years" is amended as "sentenced to imprisonment of not less than thirteen years".
Added provisions:"(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."
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Article eighty-first: 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 ten years, he conscientiously observes prison regulations, accepts education and reform, shows true repentance, parole and will not cause further harm to society, may be granted parole. 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 murder, robbery, rape, kidnapping, explosion and other violent crimes was sentenced to ten years in prison, life imprisonment of criminals, without the possibility of parole.

Eighty-first shall be 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, may be granted parole. 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.
Because of the recidivism andIntentional homicide, rape, robbery, kidnapping,Set fire to,The explosion,Release of hazardous substances or organized violent crimeA criminal element sentenced to ten years in prison, life imprisonment without parole.
The parole of criminal decision, should consider its release on parole on the community impact."

Modify:"A criminal element sentenced to life imprisonment, the actual implementation of the ten years" is amended as "a criminal element sentenced to life imprisonment, the actual implementation of the thirteen years".
Will "recidivists and for murder, robbery, rape, kidnapping, explosion and other violent crimes was sentenced to ten years in prison, life imprisonment of criminals, without the possibility of parole." Is amended as "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."
Added provisionsThe criminal decided: "parole, the parole shall be considered on the community impact."
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Article eighty-fifth: "a criminal who is granted parole, during the probation period, the public security organ shall supervise the law, if not 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."

Article eighty-fifth: "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."

Modify:"By the public security organ shall supervise" is amended as "shall be subject to community correction".
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Article third paragraph eighty-sixth: "a criminal who is granted parole, during the probation period, in violation of laws, administrative regulations or the public security department under the State Council on parole supervision management provisions of the act, does not constitute a new crime, the parole shall be revoked in accordance with legal procedures, to the execution is not completed the execution of punishment."

Article third paragraph eighty-sixth: "a criminal who is granted 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, to the execution is not completed the execution of punishment."

Modify:"The public security department under the State Council shall be modified as" "the relevant departments of the state council".
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19

Article 100th: "subjected to criminal punishment according to law, in the recruitment, employment, shall truthfully report has been subjected to criminal punishment to the relevant units, and shall not conceal."

Article second paragraph 100th:"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."

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."
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Article 107th: "domestic and foreign institutions, organizations or individualsFunded by domestic organizations or individualsThe implementation of this chapter 102nd, article 103rd, article 104th, article 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."

Article 107th: "domestic and foreign institutions, organizations or individualsTo support the implementation ofChapter 102nd, article 103rd, article 104th, article 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."

Delete"Within the organization or individual "content, expressions are more accurate.
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Article 109th: "state functionaries in performing his duties, leaves his post without permission, from overseas or on the outside of the country, endangering the state security of the people's Republic of China, 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.
Master state secrets commits the crime in the preceding paragraph, in accordance with the provisions of the preceding paragraph shall be given a heavier punishment."

Article 109th: "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.
"Mastering the state from overseas 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."

Delete:"Provisions of endangering the state security of the people's Republic of China".
The relevant provisions of the second paragraph of refinement.
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Article 133rd: "violation of the traffic regulations, so the occurrence of major accidents, causing serious injury, death or causes heavy losses to public or private property, is less than three years imprisonment or criminal detention; traffic accident or other special circumstances of the poor, more than three years to seven years in prison; due to death caused by escape, department for more than seven years in prison."

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."

One article is added 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."
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Article first paragraph 141st: "production, sale of fake medicines, to serious harm to human health, is less than three years imprisonment or criminal detention, or impose a single sales amount of fifty percent to less than two times the fine; cause serious harm to human health, department for more than three years to ten years in prison, and the amount of sales fifty percent more than two times the fine; when causing death or serious harm to human health, department for more than ten years of imprisonment, life imprisonment or death, and the sales amount of fifty percent to less than two times the fine or confiscation of property."

Article first paragraph 141st: "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, more than ten years imprisonment, life imprisonment or death, and concurrently be sentenced to a fine or confiscation of property."

Delete:"Enough to serious harm to human healthRegulations. Modify the provisions of fine.
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143rd: "the 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, is less than three years imprisonment or criminal detention, or impose a single sales amount of fifty percent to less than two times the fine; cause serious harm to human health, three years or seven years in prison, and sales amount of fifty percent to less than two times the fine; if the consequences are especially serious, department for more than seven years of fixed-term imprisonment or life imprisonment, with sales of fifty percent more than two times the fine or confiscation of property."

143rd: "the production, sales do not meetThe food safety standardsFood, 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 circumstancesAt three years, more than seven years in prison, and shall also be fined; if 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."

Modify the provisions of fine.
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Article 144th: "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 amount of fifty percent to less than two times the fine; cause serious accidents food poisoning or other severe food borne diseases, cause serious harm to human health, department for more than five years to ten years in prison, and sales amount of fifty percent to less than two times the fine; when causing death or serious harm to human health, shall be punished in accordance with the provisions of this article 141st."

Article 144th: "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, food, and five years in prison,And shall also be fined; causing serious harm to human health or other serious circumstances, five to ten years in prison, and shall also be fined; causing death or other especially serious circumstances, shall be punished in accordance with the provisions of this article 141st."

RevisedThe production, selling poisonous, harmful food crime legal punishment.
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Article 151st: "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 relatively minor, three years less than seven years imprisonment, fined.
Smuggling national ban on the export of cultural relics, gold, silver and other precious metal or precious animal prohibited import and export its products, office for more than five years in prison, and shall also be fined; if the circumstances are relatively minor, is less than five years imprisonment, fined. 
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.
The State prohibits the import and export of smuggling of rare plants and their products, and five years in prison, or be fined; if the circumstances are serious, department for more than five years in prison, fined.
First, the crime committed second paragraph, if the circumstances are especially serious, he shall be sentenced to life imprisonment or death, also be sentenced to confiscation of property.
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.

Article 151st: "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 to seven years in prison, and shall also be fined.
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. 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."

Modify:The abolition of the death penalty
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Article first paragraph 153rd: "151st article of this law, except for smuggling 152nd, 347th provisions 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 in five hundred thousand yuan of above, 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; if the circumstances are especially serious, shall be punished in accordance with the provisions of section fourth of the act of 151st.
(two) the smuggling of goods, the amount of tax evasion in one hundred and fifty thousand yuan less than five hundred thousand yuan, more than three years to ten years in prison, and the amount of tax evasion is one to five times the fine; if the circumstances are especially serious, department for more than ten years of fixed-term imprisonment or life imprisonment, and evade payable to one to five times the fine or confiscation of property.
(three) the smuggling of goods, the amount of tax evasion is less than one hundred and fifty thousand yuan in fifty thousand yuan of above, is less than three years imprisonment or criminal detention, and the amount of tax evasion is one to five times the fine.

Article first paragraph 153rd: "151st article of this law, except for smuggling 152nd, 347th provisions of the goods, articles, according to the seriousness of the case, were punished in accordance with the following provisions:
(a)Smuggling goods and articles, 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."

To make the new requirements on the smuggling amount.
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Article first paragraph 157th: "smuggling arms in accordance with the provisions of this law, the first paragraph of article 151st, paragraph fourth shall be given a heavier punishment."

Article first paragraph 157th: "smuggling armed, in accordance with this law, the provisions of the first paragraph of article 151st shall be given a heavier punishment."

Revision"Smuggling armed, in accordance with the provisions of this law the first paragraph of article 151st, paragraph fourth shall be given a heavier punishment" is amended as "smuggling armed, in accordance with this law, the provisions of the first paragraph of article 151st shall be given a heavier punishment".
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Article 164th: "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.
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.
In the prosecution of former briber confesses his crime may be given a mitigated punishment or be exempted from punishment."

Article 164th: "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.
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."

Increase"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 paragraphRegulations.
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Article 199th: "make this section 192nd, 194th, 195th 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."

Article 199th: "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."

Modify:Cancel 194th, 195th of the death penalty.
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Article 200th: "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; if the amount is enormous or other circumstances are serious, department for more than five years ten years in prison; 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."

Article 200th: "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, place more than five years to 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,And shall also be fined."

Increase"Provisions fined ".
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32

Article second paragraph 205th: "with the behavior of stealing the national tax, if the amount involved is especially huge, if the circumstances are especially serious, especially heavy losses are caused to the interests of the state, shall be sentenced to life imprisonment or the death penalty, also be sentenced to confiscation of property."

 

The provisions in the second paragraph of the criminal law to remove 205th, namely, the abolition of the death penalty.
Examination of:

33

 

One of 205th:"Outside the law or the provisions of article 205thOther invoicesAnd, 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.
"The unit crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph."

One article is added as one of 205
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34

Article second paragraph 205th: "forgery and sells 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."

 

Remove the criminal law article206Article2The provisions of the abolition of the death penalty, i.e..
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35

Article 210th: "theft of exclusive value-added tax invoices or other invoices to defraud export tax rebates, tax deduction, in accordance with the provisions of article 264th convicted and punished.
The use of deception of exclusive value-added tax invoices or other invoices to defraud export tax rebates, tax deduction, in accordance with the provisions of article 266th convicted and punished."

The 210th one: "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.
"The unit crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph."

One article is added as article 210th, one of: "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.
"The unit crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph."
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36

Article 226th: "by means of violence or threat, buy and sell goods, compelling others to provide or receive a service, if the circumstances are serious, is less than three years imprisonment or criminal detention, or be fined."

Article 226th: "by means of violence or threat,, 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."

Add: "(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."
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37

Article 234Th: "deliberately hurt others body, is less than three years imprisonment, criminal detention or control.
The crime mentioned in the preceding paragraph, causing serious injury, three years and ten years in prison; causing death or by especially cruel means that lead to serious injuries resulting in severe disability, ten years imprisonment, life imprisonment or death. The provisions of this act, in accordance with the provisions."

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 crime of intentional injury, intentional homicide]
"Take 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." [theft, the crime of insulting corpse]

One article is added in article 234Th of the criminal law, 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 crime of intentional injury, intentional homicide]
"Take 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." [theft, the crime of insulting corpse]
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38

Article 244th: "employers violate 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."

Article 244th: "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.
"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.
"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."

Delete "employers violate labor laws and regulations",Increase"By the violence, threat," and "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.
"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."
Examination of:★ ★ ★ ★ ★

39

Article 264th: "theft of public or private property, a relatively large amount of time or theft, 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; the amount is especially huge or other especially circumstances are serious, department for more than ten years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property; in any of the following circumstances, he shall be sentenced to life imprisonment or death, also be sentenced to confiscation of property:
(a) the theft of financial institutions, especially huge amount of;
(two) the theft of precious cultural relics, if the circumstances are serious."

Article 264th: "theft of public or private property, the larger amount, or multiple theft,Burglary, theft, 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 to 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, and concurrently be sentenced to a fine or confiscation of property."

Increase"Burglary, theft, theft of carrying weapon",The abolition of the death penalty.
Examination of:

40

Article 274th: "blackmail and impose exactions on public and private property, large amount of, a fixed-term imprisonment less than three years, criminal detention or control; the amount is enormous or other circumstances are serious, three to ten years in prison."

Article 274th: "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 the plot, at more than ten years in prison, fined."

Increase the "multiple blackmail and impose exactions on" and "shall be punished with gold", "and shall also be fined".
Examination of:★ ★ ★

41

Article 276th: "because spite revenge or other personal aims, machinery and equipment, farm animals to destroy or damage by other means of production and operation, a fixed-term imprisonment less than three years, criminal detention or control; if the circumstances are serious, three years more than seven years of fixed-term."

Article 276th: "one of the methods to transfer 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 be fined; causing serious consequences at three years, more than seven years in prison, fined.
"The unit crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.
"The acts mentioned in the preceding two paragraphs, if serious consequences have not yet resulted, 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."

After a 276th increase, as one of 276th ": to transfer 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, a fine or punishment; causing serious consequences, more than three years to seven years in prison, fined.
"The unit crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.
"The acts mentioned in the preceding two paragraphs, if serious consequences have not yet resulted, 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."
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42

Article 293rd: "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) chasing, intercepting, abuse 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 of the public."

Article 293rd: "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."

Increase the "gathered others 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."
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43

Article 294th: "organization, leadership and actively participate in the use of violence, threats or other means, organized criminal activities, dominate the party, do evil, oppression, harm people, serious damage to the economic, social life order of the underworld organization, three to ten years in prison; other to participate, is less than three years imprisonment, criminal detention, control or deprivation of political rights.
Mafia abroad to the development staff members within the territory of the people's Republic of China, three to ten years in prison.
Two paragraphs are committed and other crimes shall be punished in accordance with the provisions, the combined punishment for several crimes.
Workers of state organs who harbored the underworld property organization, or connive illegal and criminal activities of the organization, is less than three years imprisonment, criminal detention or deprivation of political rights; if the circumstances are serious, three to ten years in prison."

Article 294th: "the organization, leading a Mafia organization,More than seven years in prison, sentenced to confiscation of property; actively participate in, more than three years to seven years in prison,SureImpose a fine or confiscation of property; in the other, is less than three years imprisonment, criminal detention, control or deprivation of political rights, can be fined.
"Mafia abroad to the development staff members within the territory of the people's Republic of China, three to ten years in prison.
"National office working personnel harboring the underworld property organization, or connive illegal and criminal activities of the organization,A fixed-term imprisonment less than five years; 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) 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."

Change the penalty, and increasedThe organization characteristic of the underworld part.
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44

Article 295th: "teaching methods of committing a crime, is less than five years imprisonment, criminal detention or control; if the circumstances are serious, is more than five years; if the circumstances are especially serious, he shall be sentenced to life imprisonment or death."

Article 295th: "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."

The abolition of the death penalty.
Examination of:

45

The first paragraph: "328th robberies have history, art, science and the value of 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; any of the following circumstances, more than ten years imprisonment, life imprisonment or death, 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."

The first paragraph: "328th robberies have history, art, science and the value of 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; any of the following 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: [] the abolition of the death penalty
"(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 sites of ancient culture, ancient burial;
"(four) excavation of ancient sites of ancient culture, funeral, and stealing precious cultural relics or causing serious damage to valuable cultural relics."

The abolition of the death penalty.
Examination of:

46

Article 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, serious consequences resulting in serious losses to public or private property or human casualties, three years under the 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."

Article 338th: "in violation of state regulations, discharge, dumping or disposal of radioactive waste, waste containing pathogen of infectious diseases, toxic substances or other harmful substances,Serious 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 of less than seven years imprisonment, fined."

Will"Causing major environment pollution accidents, serious consequences resulting in serious losses to public or private property or human casualties"Amended as"Serious pollution of the environment".
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47

Article first paragraph 343rd: "mineral resources law, not a mining license, unauthorized entry into national planning mining area, has the important value to the national economy and other mining area mining, unauthorized exploitation of the State applies the specified minerals of which protective mining, the ordered to stop mining refuses to stop mining, causing damage to the mineral resources, is less than three years imprisonment, criminal detention or control, or be fined; caused severe damage to mineral resources, department for more than three years to seven years in prison, and fined."

Article first paragraph 343rd:"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."

Will"Unauthorized exploitation of the State applies the specified minerals of which protective mining, the ordered to stop mining refuses to stop mining, causing damage to mineral resources"Amended as:"Or unauthorized exploitation of the State applies the specified minerals of which protective mining, if the circumstances are serious".
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48

Article third paragraph 358th:"Assist to organize the prostitution of others, 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."

Article 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."

Will"Assist in organizing prostitution",ModifyAs for the organization prostitution: recruitment, transport personnel or other help organize the prostitution of others behavior.
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49

Article 408th: "the staff in state organ responsible for supervision and management of environmental protection seriously irresponsible, causes a serious environmental pollution accident, resulting in serious losses or serious consequences caused personal injury to public and private property, is less than three years imprisonment or criminal detention."

One article is added in article 408th of the criminal law, 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,A fixed-term imprisonment less than five years or criminal detention; if the consequences are especially serious, department for more than 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."

One article is added 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,A fixed-term imprisonment less than five years or criminal detention; if the consequences are especially serious, department for more than 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."
Examination of:★ ★

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