The first chapter overview of criminal law
A, single choice
1, China's Criminal Law refers to the criminal law ().
A, compositionB, structureC, composition and structureD, general and specific provisions
2, which of the following explanation of criminal law belongs to the right to explain ( ).
A, judicial interpretationB, the academic interpretationC, a logical explanationD, literal interpretation
3, the current criminal law of our country is the () of the criminal law.
A, aB, twoC, threeD, four
4, the implementation of the present criminal law of China is ().
A, 1997 OctoberB, 1979 JanuaryC, 1980 JanuaryD, 1997 March
Two, multiple choice questions
1, China's criminal law by the ().
A, the penal codeB, separate criminal lawC, the subsidiary criminal lawD, International Criminal Law
2, criminal law and other laws were characterized (is).
The range of A, the protection of criminal law is more widely
B, most articles of criminal law
C, the criminal law can only be used by the people's court
Mandatory D, the criminal law of the most severe
3, the general rules of the criminal law article ninety-second of the "citizens' private property" provisions of the ().
A, the academic interpretationB, legislative interpretationC, judicial interpretationD, restrictive interpretation
4, in accordance with the provisions of the laws of our country, have the right to judicial interpretation of criminal law authority ().
A, the Ministry of public securityB, the Department of JusticeC, the Supreme People's ProcuratorateD, the Supreme People's court
Three, terms to explain problems
1, the criminal law
2, the criminal law system
3, the interpretation of criminal law
4, the legislative interpretation
5, the judicial interpretation
6, the academic interpretation
7, literal interpretation
8, a logical explanation
Four, short answer questions
1, what is the criminal law? What is the object of criminal law science?
2, what is the criminal law? What is the nature of China's criminal law?
3, how to learn the criminal law and criminal law research?
4, what is the goal of our country criminal law?
5, China's criminal law basis for what? How they are reflected in the criminal law in China?
What is 6, the criminal law of our country?
7, the criminal law of China "proviso" meaning and function.
Five, to discuss the problem
The criminal law of our country task.
The first chapter overview of criminal law (the answer)
A, single choice
1, C 2, A 3, B 4, A
Two, multiple choice questions
1, A B C  2, A D  3, B D  4, C D
Three, term explanation question (omitted)
Four, short answer questions
1 criminal law is the responsibility and punishment of criminal law and the provisions of the crime, criminal science. It is one of the most important legal branch discipline. Responsibility and punishment of criminal law is the study object of criminal law and the provisions of the criminal, criminal. Specific include: (1) criminal law itself, such as the concept of criminal law, the nature, status, purpose, principle, scope of application; (2) criminal law and regulations, general provisions for the crime and criminal responsibility is the criminal law and the specific provisions; (3) the philosophical foundation of criminal law norms, namely the theory of criminal law (; 4) on the interpretation of criminal law legislation; (5) of the criminal law judicial interpretation, mainly refers to the Supreme People's court, the Supreme People's Procuratorate on the specific application of the criminal law judicial interpretation; (6) rules, experience and problems of the application of criminal law.
2 Marx of criminal law, criminal law is to grasp the state power of the ruling class, in order to maintain the class in the political and economic benefits, according to his own will, on behalf of the state promulgated regulations, what behavior is a crime and how to punish the criminal law. China's Criminal Law means that we the people's democratic dictatorship socialist country, in order to safeguard the interests of the country and the people, according to the will of the people, published by the national legislative provisions, what behavior is the legal norm sum of crime and criminal responsibility of how. In simple terms, provisions of criminal law is a crime, criminal responsibility and penalty law.
Nature of criminal law includes the class attribute and legal character of criminal law.
(1) the class attribute of the criminal law
The class attribute of the criminal law is embodied in the criminal law is the product of class society; criminal law reflects the will of the ruling class; the criminal law safeguard the interests of the ruling class. The class nature of the criminal law is decided by the class nature of the nation. There are four types of states in human history, is to adapt to this, there are four types of criminal law: criminal law, national slavery feudal state criminal law, criminal law and criminal law in capitalist countries in socialist countries. Our country socialist criminal law, it has essential difference from the other country of exploiting class criminal law.
(2) the legal character of Criminal Law refers to the special attribute difference between criminal law and other laws. Mainly in the following areas:
First, the specific regulation content. This is the law that defines crimes, criminal responsibility and criminal law. In other words, the criminal code prohibits the crime, and the provisions of other laws are generally illegal behavior and its legal consequence. This specific, is the criminal law to become an important reason for the special law.
Second, extensive protection of legal interests. Departments of law are to adjust and protect the one aspect of the social relationship. Such as civil law only adjustment and protection of property as well as the relationship between the part and the property related personal relationship; marriage law only adjustment and protection of marriage and family relations. But the criminal law to protect the social relations adjustment range, many aspects of personal, economic, property, marriage and family, social order, social relations. The criminal law is not specific to the social relations adjustment, but adjustment method specific makes it different from other department law.
Third, strict sanctions. The General Department of law is also applicable to general illegal behavior of coercive measures, such as compensation for the losses, warning, administrative detention. But the severity of the force method is far better than the penalty. The penalty can not only deprive criminals of property, freedom of person, may also deprive criminals of life. So that means the most severe criminal law enforcement. Supplementary D Department of law. There are many departments, need to protect the legal interests first by the law to protect; if all the departments can be fully and effectively protect a law, criminal law did not exist in the room; on the contrary, only when the departments of law can not fully protect the interests, needs the protection of criminal law.
3 how to learn the criminal law and criminal law research?
Research on criminal law, as well as the study of other social science, to the Marx philosophy as a guide, follow epistemology of materialism, combining theory with practice, based on their own, have the whole world in view, the study of criminal law comes from practice, and practice. We should try to use the following method to study the science of criminal law: first, analysis method; second, the comparative method; third, the historical method; fourth, the method of theory and practice. In the research of criminal law, we must thoroughly understand the spirit of the legislation, and to be fully elucidated, but should be good at discovering problems, put forward to perfect criminal legislation.
What is the 4 of our criminal law purpose?
Article first of the criminal law on the development of the purpose of criminal law and made clear according to: "to punish crimes, protecting the people, according to the constitution, combined with practical experience in combating crimes in our country and the actual situation, this law is enacted."
5 of China's criminal law basis for what? How they are reflected in the criminal law in China?
Criminal law according to the contents of the two levels:
(1) according to the criminal law
The constitution is the supreme law of the criminal law of our country according to the. The criminal law according to the constitution specifically formulated a series of crime and punishment code, use the penalty to the same object and does not perform all the harm national, social and civic interests of the crime constitution principle to fight.
  (2) according to the criminal law making practice
Our experience in the fight against crime and the actual situation is established according to the practice of criminal law in china. Development of new criminal law, insist on proceeding from reality, embodied in the:
A according to the new situation and new problems of reform and opening up and the market economy construction, provides the new crime.
B concluded China's long-term with experience in the fight against crime, the principle of legality, written in the criminal law, delete some is unsuitable to the present stage of the actual needs of the system, such as analogy.
C from the international society with the organized crime, the crime of money laundering, terrorist experience in the fight against crime, stipulated the crime syndicate.
The 6 tasks of criminal law is also known as the function of criminal law, criminal law, refers to the criminal law should bear what responsibility in social life. The criminal law second stipulation: "the tasks of the PRC Criminal Law, is the struggle against all criminal acts, to protect national security, safeguarding the people's democratic dictatorship and the socialist system, property protection of state property and collective, protection of citizens' private property, protection of citizens' rights of the person, democratic rights and other rights, maintaining the social order, economic order, guarantee the smooth progress of socialist construction." According to the provisions of the criminal law of our country, the task includes two aspects, one is the punishment of crime; the two is to protect the people. They are closely linked, the organic unification. The punishment of crime is the means, to protect the people is the goal. From the protection point of view, including the following four aspects: national security, the people's democratic dictatorship and the socialist system; to protect the socialist economic base; to protect the citizens' personal rights, democratic rights and other rights; the maintenance of social order, economic order.
7, when the same terms of posterior segment to make instead, exceptions, limitations or supplementary provisions to the front content, often use "but" is a word to be said, "this text but" called "proviso". But before the content is called "the". But the following situations: (1) the earlier said the opposite relationship, such as the 13 proviso, that is a supplement to teaching. (2) the earlier expressed the relation of exception, such as eighth. (3) the earlier expressed constraints, such as seventy-third, 2, first. (4) the earlier said complementary relationship, such as thirty-seventh. In view of this, but for the accurate expression plays an important role in the legislative intent, but can not be ignored in interpretation and application of criminal law.
Five, to discuss the problem
China's criminal law enginery of criminal law, also known as the task of criminal law, refers to the criminal law should bear what responsibility in social life. The criminal law second stipulation: "the tasks of the PRC Criminal Law, is the struggle against all criminal acts, to protect national security, safeguarding the people's democratic dictatorship and the socialist system, property protection of state property and collective, protection of citizens' private property, protection of citizens' rights of the person, democratic rights and other rights, maintaining the social order, economic order, guarantee the smooth progress of socialist construction." According to the provisions of the criminal law of our country, the task includes two aspects, one is the punishment of crime; the two is to protect the people. They are closely linked, the organic unification. The punishment of crime is the means, to protect the people is the goal. From the protection point of view, including the following four aspects:
1, to defend the national security, the people's democratic dictatorship and the socialist system.
2, safeguard the socialist economic base.
3, to protect the citizens' personal rights, democratic rights and other rights.
4, the maintenance of social order, economic order.
The second chapter of the basic principles of criminal law
A, single choice
1, the principle of legality is seen at the earliest ().
A, 1215 the king signed the "Great Charter"
B, France in 1789 "Declaration of human rights"
C, USA "Declaration of independence"
D, the 1810 French penal code ""
The effectiveness of the 2, heavy law have retroactive, violated in nature ().
A, the principle of suiting punishment to crime
B, the legal principle of crime and punishment
C, the principle of equality before the law
The combination of D, the principle of punishment and education
3, the recidivism punished, voluntary surrender system, reflecting China's Criminal Law ().
A, the legal principle of crime and punishment
B, the principle of suiting punishment to crime
C, the principle of equality before the law
The combination of D, the principle of punishment and education
4, severe punishment is inconsistent with which one of the following basic principles of criminal law ().
A, the legal principle of crime and punishment
B, the principle of suiting punishment to crime
C, the principle of equality before the law
The combination of D, the principle of punishment and education
Two, multiple choice questions
1, the basic principles of criminal law have ().
A, the legal principle of crime and punishment
B, the principle of suiting punishment to crime
C, the principle of equality before the law
D, the penalty humanitarianism
2, the principle of legality is (derived).
A, prohibiting guilty analogy
B, forbids law retroactivity
C, the customary law
D, rejection of absolute Indefinite Penalty
3, the principle of suitable punishment (required).
A, a felony penalties
B, minor crime and light punishment
C, suiting punishment to crime
D, penalty according to the crime
4, Liu, 17 years old, was convicted of theft arrested by public security organs, the court under section third of the criminal law of our country seventeenth, a lighter or mitigated punishment, conforms to our country criminal law ().
A, the legal principle of crime and punishment
B, the principle of suiting punishment to crime
C, the principle of equality before the law
D, take facts as the basis, take the law as the criterion
Three, terms to explain problems
1 basic principles of criminal law
2, the legal principle of crime and punishment
3, the principle of suiting punishment to crime
The principle of equality before the law, 4
Four, short answer questions
1 basic principles of criminal law, the significance of.
2, the principle of equality of the meaning of criminal law.
Five, to discuss the problem
1, the legal principle of crime and punishment.
2, the criminal punishment embody the meaning and principles of legislation.
Six, case study
A bus to pick a passenger in the wallet, there are 800 yuan, theft just takes is the passengers found, after a mass will be seized and turned over to the police. Procuratorate of a prosecution, the court finally conviction and sentencing, to now is in the social security "strike hard" period, on the bad, to theft severely sentenced to a period of 5 years in prison.
Ask: the court's decision is correct or not, explain the reason.
The basic principle of criminal law second chapter (the answer)
A, single choice
1, A  2, B  3, B  4, B.
Two, multiple choice questions
1, A B C   2, A B C D   3, the A B C D  4, A B
Three, term explanation question (omitted)
Four, short answer questions
1 basic principles of criminal law, the significance of.
The basic principle of criminal law is throughout all the norms of criminal law and criminal law norms, embodies the basic spirit of criminal legislation, has great guiding significance to the criminal legislation and criminal justice. The basic principle of criminal law has a strong power, which is conducive to actively fight against crimes, and is conducive to the effective protection of the legitimate rights and interests of citizens; is conducive to promoting the legalization process, but also conducive to the maintenance of the justice of the law; is advantageous to realize the purpose of criminal law, but also beneficial to achieve the best effect of punishment.
2, the principle of equality of the meaning of criminal law. China's criminal law provisions of article fourth of the criminal law the principle of equality, is the specific embody the constitutional principle of equality before the law in criminal law, its meaning is: anyone who commits a crime, shall be prosecuted; the same plot of crime, the conviction and punishment should be equal; any person from crime infringement, shall be protected by law, and shall be subject to criminal victims have the same rights as the same protection; no person shall enjoy the privileges beyond the law, not because of the special identity, the offender or victim's position, or different class, ethnic, religious belief and the crimes and criminals to apply different penalty.
Five, to discuss the problem
1 the legal principle of crime and punishment. The principle of legality means "no crime without law", "law does not punish", its basic content includes the following three aspects: one is the legal, namely the crime and penalty must be expressly provided by law, are not allowed to judge free; the second is the, for what is the legal consequence of crime and crime produces, must make a substantive provisions; the third is clear, namely, the criminal law must express the exact meaning in clear text, not Equivocation or ambiguous. The article third of the criminal law clearly stipulates the legal principle of crime and punishment, namely "the law expressly provides for the crime of conviction and punishment, in accordance with the law; the law does not expressly provided for the crime, shall not be convicted or punished." principle of legality is derived from the following principles: the customary law; rejection of absolute indeterminate sentence; prohibiting guilty on Prohibition of retroactivity; method; principle of strict interpretation; the principle of legitimate procedure; entity. The article third of the criminal law on the crime punishment legal principle explicitly represented, and in the new criminal code and the criminal law amendment and single criminal law systematically, embodies the principles: first, as the penal code in 1979, the new criminal code and the criminal law amendment and criminal law of the crime of statutory and the penalty legal. Statutory crime for specific performance: defined the concept of crime; clearly stipulates the common requisites in constitution of crime; clearly defined elements of various specific crime. Legal penalty for specific performance: Specifies the kinds of punishment; clearly stipulates the principle and system of punishment and sentencing; stipulate the specific crime legal punishment. Second, the new criminal code to cancel the analogy system of penal code of 1979 stipulated in article seventy-ninth, this is the principle of legality is an important prerequisite for the real implementation of the. Third, the new criminal code reiterated the criminal code in 1979 ninth about criminal law in the retroactivity issue from the old and mitigating the principle, and made further clear, specific provisions. Fourth, in charge of the new criminal law provisions, and subsequent amendments to the criminal law and special law has already been quite perfect. Provisions from 103 in 1979 to 350, crime number increased from 130 in 1979 to more than 400. Fifth, in particular the constitutive elements of the crime or the crime and the legal punishment of crime of setting, the new criminal code and subsequent amendments to the criminal law and special law also enhance the operability of the law. For a large number of crime, try to prove guilt; in criminal penalties, focus on the specific circumstances of sentencing.
2 the suiting punishment to reflect the meaning and principles of legislation.
The fifth article of Chinese criminal law the crime punishment adapts the basic meaning of principle is: the degree of punishment shall be with crime, criminal responsibility and commitment to adapt. The principle should be understood from two aspects of legislation and justice. On the criminal legislation, the provisions of the criminal law principle of punishment to crime, the penalty, penalty execution system and set of legal punishment for various crimes, not only to consider the social harmfulness of crime, but also to consider the subjective malignant and behavior of danger. In the criminal judicial level, the judge of the criminal punishment, harm result not only to look at the crime and the cause, but also to the social harm degree of the whole criminal facts including the factors of crime and criminals, to emphasize the individualization of punishment. The current criminal law fully embodies the principle of suiting punishment to crime. Firstly, the principle of suiting punishment to crime legal punishment is to establish a specific crime in criminal law criterion; crime, legal punishment is heavy; crime, legal punishment too light. Secondly, to adapt to the principle of punishment is determined on the basis of certain norms in general provisions of criminal law, punishment third, additional punishment criminal law, order, or combination of upper and lower connection, can be flexibly penalty system, all kinds of concrete crimes can be divided, can flex, higher amount of legal punishment, laid the foundation for the judicial application of guilt punishment.
Six, case study
Incorrect, contrary to the principle of suiting punishment. To adapt to the requirements of criminal culpability principle court conviction and sentencing to felony penalties, misdemeanor and light punishment, suiting punishment to crime, penalty according to the analysis, in the severity of the crime and criminal responsibility in hours, not only to look at the social harmfulness of crime, but also to consider the subjective malignant and behavior of danger, to determine the criminal the degree of responsibility for the severity of the penalty, the corresponding.
In this case, a theft of large amount, already constituted larceny, according to article 264th of the criminal law, theft of large amount (500-2000 yuan), should be in prison, detention or control in the 3 years following the scope of statutory sentence sentencing, not because of the case in the strike period and increase the criminal punishment on the defendant, or the the defendant bear the punishment of crimes and does not adapt, cause the law spirit, contrary to the principle of suiting punishment to crime.
 
The scope of validity of the third chapter of the criminal law
A, single choice
1, China's criminal law in space effect, are taken to the (), and other principles.
A, protection principle
B, the principle of the person
C, the principle of territoriality
D, general principles
2, for the people's Republic of China in the field of general citizens of the people's Republic of China (crime).
A, endanger national security, criminal law to be applied China.
B, minimum statutory penalty for more than 3 years in prison, it is China criminal law.
C, the legal crime also considered a crime, the criminal law is only applicable Chinese.
D unconditionally apply equally to China criminal law.
3, our country criminal law in the effect of time, is the ().
A, from old principleB, from the new principleC, from the new and lighter principleD, the doctrine of
4, according to the provisions of the criminal law, a A the implementation of intentional homicide behavior on C citizens to drive in a row in China B Chinese train, should apply ().
A, A law B, B law C, C law D, China's criminal law
5 civilian aircraft, a citizen from country B C country hijacked to Thailand, fled to China in the field, the judicial organs of China application of our criminal law shall be investigated for criminal responsibility in the behavior of people, which is ().
A, protective jurisdiction principle B, eclectic principle of jurisdictionC, the principle of territorial jurisdictionD, the principle of universal jurisdiction
Two, multiple choice questions
1, include the effectiveness of criminal law (space).
Effect of A, criminal lawEffect of human B, criminal lawEffect of C, criminal lawThe effectiveness of D, criminal time
2, foreigners in China outside the territory of the people's Republic of China national or civic crimes, only to meet the following conditions, can be used China (criminal law).
A, criminal law also punished
B, in accordance with the minimum statutory penalty China criminal law for more than 3 years in prison
C, seriously endanger the personal safety of citizens crime
D, endangering the state security of the people's Republic of crime
3, countries to resolve criminal jurisdiction principle, summed up the ().
A, the principle of territoriality B, the principle of the person C, protection principle D, general principles
Three, terms to explain problems
The scope of validity of criminal law, 1
The effectiveness of the 2 space, criminal law
3, the principle of territorial jurisdiction
4, the personal jurisdiction principle
5, protective jurisdiction principle
6, general principles
7, the retroactivity of criminal law
8, from the old principle
9, from the new principle
10, from the new and lighter principle
11, the doctrine of
Four, short answer questions
Several on the severity of the penalty, compared to 1.
2, the criminal law of our country personal jurisdiction.
3, the protection of our country criminal jurisdiction.
4, the universal jurisdiction of the criminal law of our country.
Five, to discuss the problem
1, the time effect of criminal law in our country.
2, try the provisions of the territorial jurisdiction of the criminal law of our country.
Six, case study
1, the discipline of a, Li Moujun system China citizens, employed by a shipping company USA. In 2002 September, the ship docked at a port in France, because two people and the captain (British) quarrel, collusion will captain killed, and robbing other crew property after the escape. After 3 months, two people by the French police and extradited to Chinese captured, arrested.
Ask: for the discipline of a, Lee's behavior is to be processed in accordance with the criminal law? Why?
2, the defendant a foreign people, foreign students, Department of a Medical University in china. In late June 10, 2003 7 when make, international fight occurs between a Medical University in China, a stab in another country students b a B a belly, died from hepatic rupture.
Ask: for a certain behavior whether can be processed in accordance with the criminal law? Why?
The scope of validity of the third chapter of the criminal law (the answer)
A, single choice
1, C   2, D   3, D   4, D  5, D
Two, multiple choice questions
1, A B   2, A B   3, the A B C D
Three, term explanation question (omitted)
Four, short answer questions
Several on the severity of the penalty compared to 1.
Legal penalty is lighter, refers to the maximum statutory penalty is relatively light; if the maximum statutory penalty, refers to the minimum statutory penalty lighter. If a crime criminal law is only a legal punishment range, maximum statutory penalty or minimum sentence refers to the maximum penalty of the statutory range of punishment or minimum punishment; if a crime criminal law, there are more than two legal punishment range, maximum statutory penalty or minimum sentence refers to the body of crime should be the maximum punishment applicable statutory range of punishment or minimum punishment.
The 2 answer: Article seventh of the criminal law stipulates: "citizens of the people's Republic of China commit the crimes specified in this law field outside the people's Republic of China, shall apply the provisions of this law, the provisions of this law, but according to the highest penalty of three years in prison, may not be dealt with. PRC state personnel and military personnel who commit the crimes specified in this law field outside the people's Republic of China, the applicability of this method." This is the provisions of our criminal law of personal jurisdiction. Our citizens in China in the field of crime, in principle, application of our criminal law, only in accordance with the provisions of the criminal law, the civil crimes maximum statutory penalty of 3 years in prison, may not be dealt with. Article tenth of the criminal law also stipulates: "where in the field outside the people's Republic of China in accordance with this law, crime, criminal responsibility shall be borne by the foreign judgments, though, can still be in accordance with the provisions of this law, but in foreign countries have received criminal punishment, can be avoided or mitigated punishment." This indicates that China's legal independence and national sovereignty is not affected by the intervention.
The 3 answer: the criminal law eighth stipulation: "foreigners in the territory of the people's Republic of the people's Republic of China national or civic crimes, and punishable according to the provisions of this Law for more than three years in prison, this law may be applicable, but according to the criminal law is not punishable." This article is about the protection of China's criminal law jurisdiction, namely our country criminal law on foreigners in China in the field of crime applicable provisions. According to this provision, foreigners in China in the field of national or civic crimes in our country, the criminal law of our country has jurisdiction over such jurisdiction, but also have certain restriction: one is the minimum punishment, crime in accordance with the provisions of the criminal law must be 3 years or more in prison, for less than 3 years in prison for misdemeanor not applicable; two is in accordance with the criminal law and should be punished, and it is not applicable for in accordance with the criminal law without penalty. The above two aspects must also have limited. This article, is an important manifestation of China's criminal law protection of personal and national interests, such provisions, to protect our national interests, the protection of our diplomatic staff, visiting staff, students, their interest is absolutely necessary.
The 4 answer: the criminal law ninth stipulation: "for the international treaty crimes of the people's Republic of China has concluded or acceded to by the people's Republic of China, in the range of its treaty obligations to exercise criminal jurisdiction, applicable law." According to the regulations, the provisions of any of our country in the international treaties concluded or acceded in crime, regardless of the criminal is Chinese or foreigners, regardless of the crime took place in China in the field or fields, the scope of the treaty obligations in China, if not extradited to relevant countries, our country should exercise criminal jurisdiction.
Five, to discuss the problem
1, the time effect of criminal law in our country. Time validity of Criminal Law refers to the criminal law effect of time, time to failure and the behavior of the criminal law in force occurs whether has the retroactivity. The effective date of the criminal law two stipulation: one is from the date of publication is effective; two is released after a period of time to execute. Criminal law failure time is the time effect of termination, shall be prescribed by the state legislature. The failure of criminal law has two forms: one is by the state legislature declared some legal failure; two is the natural failure, the old law enforcement for similar content, or because the legislative conditions of the original special has disappeared, the old law shall be invalidated automatically. Retroactivity of criminal law: refers to the criminal law in force, the habit of behavior before it becomes effective without trial or sentence had not yet determined whether suitable problem; if applicable, have retroactive effect, if not, there is no retroactive effect. The retroactivity of criminal law in our country, with the old and light principle. The criminal law twelfth stipulation: "after the people's Republic of China was established before the implementation of this law, if the law is not considered a crime, applicable law at that time; if the laws at the time considered a crime, in accordance with the provisions of law fourth chapter eighth section should be pursued litigation, criminal responsibility shall be investigated in accordance with the the law, but if the act is not deemed a crime or imposes a lighter punishment, this Law shall apply. Method before the entry into force, in accordance with the law at that time already make effective judgment, continue to be effective." According to the Supreme People's court "on the application of criminal law twelfth few issues of interpretation", here the "sentences is light", refers to a crime punishment criminal law is statutory punishment than before the revision of criminal law of light. The legal punishment lighter refers to the maximum statutory penalty is relatively light; if the maximum statutory penalty, refers to the legal minimum lighter. If a crime criminal law is only a legal punishment range, maximum statutory penalty or minimum sentence refers to the maximum penalty of the statutory range of punishment or minimum punishment; if a crime criminal law, there are more than two legal punishment range, maximum statutory penalty or highest low penalty refers to the specific criminal acts should be the maximum punishment applicable statutory range of punishment or minimum punishment.
2, try the provisions of the territorial jurisdiction of the criminal law of our country. Article sixth of the criminal law provisions in the first paragraph, "anyone who commits a crime in the territory of the people's Republic of China, except when otherwise stipulated by law, the law is applicable to." This is the basic principle about the spatial effect of criminal law in criminal law in our country. Here the "field", refers to the whole area within the boundary of China, including the territory, territorial waters and airspace. According to the provisions of the second paragraph of article sixth, where the crime in the people's Republic of China aboard a ship or aircraft, this law is also applicable to. The ship or aircraft, can be civil, also can be the military, can be in transit, also can be in the parking state, can sail or parking in China in the field, and can also be a voyage or parked in a foreign field or on the high seas and over the high seas. According to the international treaty. China's embassies and consulates in the crime as a crime in China in the field of. The law has special provisions, refers to: (1) the criminal law eleventh stipulation: "the criminal responsibility of foreigners who enjoy diplomatic privileges and immunities, resolved through diplomatic channels." So it is not directly applicable to the provisions of the criminal law. (2) the criminal law ninetieth stipulation: "not in national autonomous areas completely apply the stipulations of this law, by the autonomous region or province of the people's Congress according to the basic principle of characteristics of local residents in politics and economy, culture and the provisions of this law, formulate adaptive or supplementary provisions, shall be approved by the Standing Committee of the National People's Congress General assembly." The article also belong to the exceptions. (3) according to the "Regulations" the basic law of the Hongkong Special Administrative Region and the basic law of the Macao Special Administrative Region "", the application of criminal law is not in these two areas. (4) the provisions of current criminal law after the implementation of special criminal law enacted by the legislature of the state of. Article sixth of the criminal law provisions in the third paragraph, "the criminal act or consequence takes place within the people's Republic of China, is considered a crime in the territory of the people's Republic of china". This section is for the special isolation made clear stipulations on the specific criteria for territorial jurisdiction.
Six, case study
1, the discipline of a, Lee in China in the field of international crime, should be applied in our criminal law.
The provisions of the first paragraph of article seventh of the criminal law, the people's Republic of China citizens commit the crimes specified in this law field outside the people's Republic of China, the applicability of this method. But according to the provisions of this law the maximum sentence of 3 years in prison, may not be dealt with. The defendant in the case of a Ji, Li Mou in France committed intentional homicide, robbery, in accordance with the provisions of the criminal law of our country, the highest legal punishment for more than 3 years in prison, and this kind of crime according to the criminal law also belong to should be punishment behavior. Therefore, the judicial organs of China in this case has criminal jurisdiction, it shall apply to the criminal law of our country. Of course, the discipline of a, Li crimes in France, in accordance with the principle of territoriality, the French have jurisdiction. In case of conflict of jurisdiction, extradition or mutual agreement shall be settled through. In this case, the defendant Ji, Lee was extradited, therefore, the case shall be borne by the judicial organs in accordance with China's criminal trial.
2, a crime in China in the field of application of our criminal law.
Article sixth of the criminal law, where a crime in the territory of the people's Republic of China, except when otherwise stipulated by law, the law is applicable to.