The thirteenth chapterCriminal responsibility
A, noun explanation
1, criminal responsibility
2, the foundation of criminal responsibility
3, convicted way
4, from the way the conviction
Two, short answer questions
The basic characteristics of 1, criminal responsibility
2, the criminal responsibility of the solution
Three, to discuss the problem
1, the relationship between the crime, criminal responsibility and penalty
The thirteenth chapterCriminal responsibility (the answer)
A glossary, (omitted)
Two, short answer questions
Answer: 1, basic features of criminal responsibility are:
(1) the criminal responsibility is a kind of burden of criminal law
(2) the criminal responsibility for the crime and
(3) the criminal responsibility in criminal punishment or simple negative legal evaluation content
(4) can only be a crime to bear criminal responsibility
(5) the criminal liability by the representatives of the judiciary criminal enforcement undertaking
2, answer: there are four kinds of criminal responsibility way:
(1) convicted way
(2) from the way of conviction
(3) eradication treatment
(4) transfer process
Three, to discuss the problem
Answer: the relationship between criminal responsibility and punishment of the crime:
First of all, the criminal responsibility, crime and punishment three-in-one, interdependence.
Second: the relationship between criminal responsibility and criminal perspective:
Criminal responsibility is the legal responsibility of criminal behavior and assume. Therefore,
Criminal responsibility and crime are closely linked. Crime is the criminal responsibility and the precondition and foundation of the existence, and the criminal responsibility is the legal punishment after the crime. "No crime, no criminal responsibility." Only the implementation of the crime, to impose criminal liability. Criminal responsibility is the inevitable result of the implementation of crime. Criminal responsibility for the crime and criminal responsibility, it is with other legal responsibility in the difference between the base.
Again: the relationship between criminal responsibility and penalty point of view: the criminal responsibility is the bridge and the link between crime and punishment of the crime and the penalty, which play the role of regulation. The criminal responsibility and punishment are closely linked, which displays in: first, the criminal responsibility is the premise, the penalty is the method of undertaking criminal responsibility. No criminal responsibility there is no penalty. Secondly, the criminal liability is the size of the penalty depends on the heavy responsibility, the responsibility heavy punishment, light punishment light. For example, people under the age of 18 crime, because of their mental development is not mature, the responsibility is relatively light, so the law of their crime should be given a lighter or mitigated punishment. Once again, the penalty is an important form of criminal responsibility. In most cases, criminal responsibility shall be investigated for criminal, the criminal punishment show.
Of course, the criminal responsibility and punishment are two different concepts, there are obvious differences: first, criminal responsibility is the negative evaluation of the state according to law, crime and the criminal the condemnation, the more abstract; the penalty is a punishment for the judicial organs of the State applies to criminals. The more specific; the penalty caused by the criminal responsibility, criminal responsibility, but is not always the same to punishment. Criminal responsibility can be realized through the following ways: first, the moral condemnation of negative evaluation and laws. Namely, declaring guilty and be reprimanded or a statement of repentance, offer an apology. Second, compensation for losses. The criminal shall be ordered to make up the crime caused by the material loss. Third, the collection, recover stolen goods and articles for a crime. Fourth, convicted, but from criminal punishment guilty, because itself is negative evaluation of the crime and the crime and condemned. Fifth, the penalty, the criminal punishment, which is the main method of behavior person of criminal responsibility.
 
 
 
The fourteenth chapterPenalty (the answer)
A, single choice:
  1, A  2, B  3, A4, C5, D 6, A
Two, multiple choice questions
1, BC D    2 , AC     3 , ABCD      4, AB three, term explanation (omitted)
Four, short answer questions
Function of criminal law for 1:
(1) to the crime person functions: (a) deprive function (two) penalty function (three) education reform
(2) the function: the main is to appease the function.
(3) social functions: (a) the deterrent function(two) encourage the function of Education
The difference between the 2 penalties and other legal sanctions method is mainly manifested in the following aspects:
(1) different applicable objects. The penalty is only applicable to the crime person, other legal sanction methods generally apply only to the general law but does not constitute a crime or has not yet been determined constitute a crime people.
(2) of different severity. To deprive of the criminal penalties including life, liberty, property and qualification, is the most severe legal sanctions for nature.
(3) for organ, different departments. The penalty can only be used by the judicial organs of the state criminal judicial department, civil sanction by the judicial organs of the state civil judicial departments for administrative sanctions, can only be used by the administrative organ in accordance with the law.
(4) according to different and procedures applicable. The criminal punishment in criminal law, must be based on and in accordance with the provisions of the criminal procedure law program. Civil sanction, administrative sanctions and other legal sanctions method with the corresponding civil law, administrative law, substantive law as the basis, and in accordance with the civil procedure law, administrative procedure law, administrative penalty law and other legal norms procedures.
(5) the establishment of different organs. Punishment can only be established by the highest legislative organ of the state. And other legal sanctions method is different can have different levels of legislative body.
3 penalty has the characteristics as follows:
(1) the penalty for the victim of certain rights to restrict or deprive.
(2) application of punishment is the criminal object only.
(3) the main penalty is only the judicial organs of the state.
(4) kinds of punishment and applicable standards must be based on the provisions of the criminal code as the basis.
(5) penalty shall be carried out in accordance with relevant provisions of the criminal procedure law of procedure.
(6) the penalty executive organ specific authority must be expressly provided in law.
4 our country penalty purpose, method, through the combination of punishment and education reform criminals, education of criminals, and eventually to the purpose of crime prevention. The prevention of crime, including the special and general prevention. Special prevention, which, by means of penalty, criminal re crime prevention. General prevention, is refers to the criminal punishment, unstable molecules surveillance society, prevent them to embark on the road of crime. Our country penalty of special and general prevention is closely integrated, complementary.
Five, to discuss the problem
1, (points above short answer question 4)
2, the special prevention, by means of penalty, criminal re crime prevention. General prevention, is refers to the criminal punishment, unstable molecules surveillance society, prevent them to embark on the road of crime. Between our country penalty of special and general prevention is the dialectical and unified relationship, the two are closely combined, complement each other. Special prevention and opposition in order to prevent the lie in the two prevention of different objects. Object specific prevention are criminals, which requires the according to the degree of difficulty criminals application and execution of penalty, the object of general prevention is the social unstable molecules, which requires the according to the social security situation of application and enforcement of penalties. Therefore, for a crime and punishment, probably should put from the special prevention and general prevention perspective, from the point of view should be relatively strict, or from the perspective of special prevention should be strict, but from the general prevention perspective should be relatively from wide, which makes the special and general prevention in the opposition contradiction. Special and general prevention are unified, which is reflected in the two purpose is completely consistent, that is, in order to prevent crime, to realize the purpose of the method is basically the same, give full play to depend on the penalty function

System and the fifteenth chapter of punishment
A, single choice
The 1, which one of the following situations is the penalty of confiscation of property ().
A, a drug trafficking was seized on the spot, 1000 grams, 1000 grams of drugs confiscated the
B, a fishing boat with their organization to secretly cross the national boundary (edge) exit, shall be confiscated by the court
C, a criminal organization and leadership of the crime syndicate illegal profit of 4000000 yuan, the court shall be confiscated
D, a crime of embezzlement, the confiscation of all personal property court belongs to all
2, a convicted of rape was sentenced to 10 years in prison, deprived of political rights for 3 years, are to be sentenced to execution from July 1, 1989, to a practical term of deprivation of political rights is: ()
A, from July 1, 1989 to June 30, 1992
B, from July 1, 1999 to June 30, 2002
C, from July 1, 1989 to June 30, 1999
D, from July 1, 1989 to June 30, 2002
3, the execution of the judgment in custody before the 1 days to be shortened by 2 days of penalty is ().
A, deprived of political rights for B, C, D, control of detention in prison
A 4 penalty punishment, the lightest is ()
A, B, C, fine control D, are to be sentenced to criminal detention
5, the term of control (general).
The above A, 3 months to 2 years
B, 15, or 6 months following
C, for more than 2 months to 3 years
D, 3 to 15 years
The executing organ 6, control is ().
A, B, C, prison procuratorial organs grass-roots unit D, the public security organ
7, criminal detention for a period of (below) for more than 6 months, the combined punishment for several crimes shall not exceed 1 years.
A, 15 B, 1 months C, 2 months, 3 months, D
8, a criminal sentenced to criminal detention, during execution, each month can be home () day.
A B, 1 days, 3 days, 1 days to 2 days in C D, 2 to 3 days
9, execution to fixed-term imprisonment is counted, calculated from (date).
A, a court decision
B, the execution of judgment
C, death sentence with a reprieve expires
D, the verdict
In 10, during the period of suspension of execution of death penalty, in accordance with the following (), after a period of 2 years, through legal procedures after approval to life imprisonment.
A, performance of repentance B, no intentional crimeC, repentance and performs meritorious services, D has performed meritorious service
11, a, was born in November 1982, no industry. In 1998 December, in order to "make money", a rich kid B kidnapping, extortion and B father 500000 yuan, alarm due to find the father of B, for minors, shortness of breath, will b kill. The intermediate court in 1999 December public hearing of the case. According to the relevant provisions of the criminal law, should be on: (a)
A, sentenced to death
B, sentenced to death with a two-year reprieve
C, sentenced to death, not the implementation, execution after 1 years
D, can not be sentenced to death, be sentenced to life imprisonment
12, Wu was sentenced to the death penalty was suspended for 2 years, in July 27, 2002 the test period, the prison on the day reported dying slowly reduced to life imprisonment materials. Two days later on July 29th, Wu same Jianshe Zheng the Zheng without reproach him playing deaf in one ear.. Wu should be how to deal with? ()
A, submitted to the Supreme People's court approved the death penaltyB, report to the local senior people's court approved the death penalty
C, to life imprisonment and sentenced to criminal punishment damage
D, the withdrawal of commutation material, to extend the probation period
13, the provisions of criminal law provisions: make A a crime ", is less than 3 years imprisonment, or be fined". The defendant has committed the crime of single A, if the circumstances are relatively minor, and broke. In this regard, which of the following decision in accordance with the provisions? ()
A, a judge with the defendant broke ground, was sentenced to 6 months
Judge B, B to defendant penniless grounds and circumstances of the crime is lighter on the grounds, the court sentenced him to 1 years, suspended for 2 years
Judge C, C to the crime is lesser, sentenced to criminal detention 3 months
D, Ding judge with the defendant's criminal lesser grounds, shall be sentenced to a fine of 1000 yuan
14, Chen if the victim is severely injured in the robbery, court to robbery sentenced Chen to 15 years in prison, and fined 50000 yuan, compensation for the victim's economic loss of 50000 yuan after, Chen's personal property is only 80000 yuan, how to implement the property part of this decision shall be? ()
A, fines and compensation for economic losses to Chen existing property in equal proportion and execution
B, the first implementation of a fine of 50000 yuan, the remaining 30000 yuan compensation to the victim
C, the first implementation of compensation for economic loss of 50000 yuan, 30000 yuan remaining as the execution of fine penalty
D, the first implementation of a fine of 50000 yuan, the economic loss of part of the problem, to be released after Chen continue to perform the obligation of compensation
15, a court to fraud sentenced Zhou period of 1 years in prison and fined 10000 yuan, Zhou to have no money on the grounds, refused to pay the fines. Released from prison after third years, Zhou ready to get married, buy a 29 inch color TV and refrigerator. The court heard the case after sending a bailiff forced TV and refrigerators seizure. How do I ask the court acts? ()
A, not appropriate
B, although less properly but it is legitimate
C, there is nothing wrong, is perfectly legal
D, is not in keeping with the law
16, Lee smuggling by the people's court shall be sentenced to not sentenced to confiscation of property, it should be how to deal with the confiscated property to repay the debt? ()
A, pay only legitimate debts previously negative case
B, pay only legitimate debts before the end of the negative case reconnaissance
C, pay only legitimate debts attachment previously negative
D, pay only legitimate debts before the property was confiscated by the negative
17, a criminal element sentenced to death with a two-year suspension of execution, after two years of suspension of execution of death penalty term reduced to 15 more than 20 years of fixed-term (conditions).
A, no intentional crime
B, true repentance performance
C, there are meritorious performance
D, there are major meritorious performance
18, Sun Mou for robbery was sentenced to death, suspended for 2 years. In the period of suspension of execution of death penalty, Sun Mou in labor disobeys management, violates the rules and regulations, causing heavy casualties. The sun should be how to deal with? ()
A, whose crimes were verified to be true, by the Supreme People's court. Approved, the immediate execution of death penalty
B, whose crimes were verified to be true, by the Supreme People's court. Approval, executed after a period of 2 years
C, after a period of 2 years to life imprisonment
D, 2 years after the expiration of 15 years reduced to 20 years in prison
19, the accused man committed intentional homicide, the crime of corruption, is A City Intermediate People's Court of First Instance sentenced to the death penalty, decided to implement the death penalty, in the appeal period, said no appeal, procuratorate no protest. The British how to check?
A, the Provincial Higher People's court approval
B, directly reported to the Supreme People's court for approval
C, a senior billion court review consent and then submitted to the Supreme People's court for approval
D, the crime of intentional homicide Provincial Higher People's court approval, the crime of corruption report approved by the Supreme People's court
20, for deciding the punishment of a criminal element, should be based on the ( )
Sin, crime properties of A    B, the facts of the crime
C, the nature of the crime, the plot   D, the degree of harm to society
E, a crime
21, the criminal penalty is the general conditions ()
A, commit the most heinous crimes      B, the most serious crimes
C, the consequences of the crime is very serious    D, great anger
22, control is ()
A, criminals enjoy full freedom of person
B, the criminal is not detained, limit its freedom
C, deprive criminals of a certain freedom of the person
D, the criminals should accept the supervision of the people's court and the masses
23, the following statement which is false?
A, the implementation of theft, damage caused by public or private property, but also constitutes a crime, he shall be given a heavier punishment one felony
B, after the theft to cover up the crime and intentional destruction of public or private property, which belongs to the crime, theft of heavier punishment
C, "stealing credit card and using genus, theft and credit card fraud in the competition, from a felony conviction and punishment
D, theft of trade secrets, concurrence of theft and crime of infringing on business secrets, from a felony conviction and punishment
24, the provisions of the criminal law of our country "and sentenced to deprivation of political rights" provisions, deprived of political rights for the period limit (  )
A, and in prison, period
The following B, 1 to 5 years
C, 1 to 3 years
D, 3 to 10 years
Two, multiple choice questions
1, of which one of the following situations shall be attached to the application of deprivation of political rights (:)
A, a guilty of illegally providing state secrets to overseas, intelligence crime, was sentenced to 7 years in prison
B, a crime to intentionally harm to man's death was sentenced to life imprisonment
C, a rape was sentenced to 15 years in prison
D, a robbery was sentenced to 10 years in prison
2, the criminal law of the amount of fine penalty rules is divided into several situations: ()
No specific A, the amount of the fine penalty of criminal law, the minimum of not less than 1000 yuan, to the minor mitigated punishment, not less than 500 yuan
B, impose a fine or involved in the crime and the penalty equal to the amount of
C, set to determine the relative amount of
D, in violation of the crime or the amount of money involved as a foundation, a certain percentage or multiple fine
3, some armour because rape was sentenced to death with a reprieve of 2 years, the probation period, wounding one of the guards to escape from prison, prison guards B found after driving rush after. Not to move a shot. Somebody shot injuries, will be a captured. The case (:)
A, B the crime of intentional injury
B, on a should be combined punishment for several crimes
C, a form of escape
D, the man should be approved and executed
4, according to the provisions of the criminal law, which is not suitable for the death penalty for the following: ()
A, custody and spontaneous abortion pregnant women during the trial
Pregnant B, crime, is abortion women in custody
Pregnant women, the trial of C
D, murder trial has over 16 years of age under the age of 18
5, the execution of the judgment in custody before the penalty for 1 days to be shortened by 1 days (with).
A B, criminal detention, fixed-term C, deprived of political rights for D, control
Characteristics of 6, control is ()
A, the criminal is not held, only certain restrictions on personal freedomB, by the public security organs and the masses bundle
C, by the decision of the court, the public security organs to performD, is only applicable to minors
7, are to be sentenced to criminal detention difference ()
A, executive in different placesB, different applicable objectsC, the prisoner treatment of different D, different legal consequences
8, which of the following kinds of punishment or penalty execution method of sentence, calculated from the date of execution ()
A, deprived of political rights for B, control C, D, death with reprieve to detention in prison
9, apply to death with reprieve must have the conditions for a ().
A, criminals repentB, criminals has performed meritorious service  C, the execution of the crime
D, not to be the immediate execution of death penalty
10, the following answers, () is the property punishment.
A, B, C, confiscation of property penalty fine of D, compensation for economic losses
11, the term of deprivation of political rights (), calculated from the date of.
A, are to be sentenced to execution or on parole from   B, from the completion of the execution of criminal detention
C, control and deprivation of political rights and execution   D, life imprisonment from the execution of judgment
12, for the (), the term of deprivation of political rights for 1 to 5 years.
A, may be sentenced to deprivation of political rightsB, criminal detention, fixed-term additional deprivation of political rights              C, the control of additional deprivation of political rights       D, was sentenced to life imprisonment
13, non penalty processing method ().
A, shall be ordered to compensate the losses B, C, D, fine fine by the competent departments shall be given administrative sanctions
14, some still in control during the execution of Pei Pei, one of which of the following is in breach of regulations behavior? ()
A, in collaboration with others wrote a "stock market participation skills", published under the pseudonym
B, quietly back home in Yunnan for a funeral for his father
C, the home often go to the people, come and go very suspicious, and never report
D, every day to buy a stack of newspapers home, I do not know what to do
15, according to the law, the following sentence saying what is not true? ( )
A, do not belong to the extremely serious criminal offense, can not be sentenced to death immediately, cannot be sentenced    
B, suspension of execution of death penalty decision, approved by a higher people's court may 3
C, the criminal is under 18 years of age, cannot be executed immediately sentenced to death, but may be announced at the same time with two years reprieve sentenced to death
D, on the pregnant women, may be sentenced to death, but must be in its birth or abortion only after the implementation of the death penalty
16, on the basis of law, the decision and enforcement aspects of the following, which is not correct? ()
A, the term of control is more than 3 months to 2 years, cumulative punishment of not more than 3 years
B, criminals sentenced to public surveillance, executed by a public security organ
C, criminals sentenced to public surveillance, in labor should be issued to pay
D, control term calculated from the date of the execution of the judgment, before the judgment execution of detention, detention, the term is to be shortened by one day
17, in reforming criminals through labor (places)
A, B, prison labor reform of the C, the detention house D, the reformatories for juvenile delinquents
18, in accordance with the single penalty situations: ()
A, the circumstances of the crime is lighter, and will not cause further harm to society and is coerced to participate in a crime
B, the circumstances of the crime is lighter, and will not cause further harm to society and has back all dirty and repentance
C, the circumstances of the crime is lighter, and will not cause further harm to society and other circumstances may be fined
D, the circumstances of the crime is lighter, and will not cause further harm to society and is a casual or accessory
19, on the basis of law, the decision and enforcement aspects of the following, which is not correct?
A, the term of control for more than 3 months to 2 years, the combined punishment for several crimes shall not exceed 3 years
B, criminals sentenced to public surveillance, executed by a public security organ    
C, criminals sentenced to public surveillance, in labor should be issued to pay
D, control term calculated from the date of execution of judgment, the judgment in custody before the execution, each day spent in custody in prison one day
20, are to be sentenced to life imprisonment and the main difference is that (       )
A, in different period        
B, different applicable objects 
C, suitable for different organs      
D, of different severity
E, different legal consequences
21, the following the deprivation of political rights argument, which is right?
The provisions of A, the general provisions of criminal law, the crime of intentional homicide, rape molecular seriously undermines social order, can be of additional deprivation of political rights. Therefore, for serious theft, crime of intentional injuries molecules, can be of additional deprivation of political rights
B, additional deprivation of political rights from the prison sentence, executed on or from the parole date 'deprivation of political rights shall of course be during the execution of punishment
C, criminals have been deprived of political rights, no right to participate in the election of a villagers committee
The provisions of D, the general rules of the criminal law: "the crime of endangering national security shall be of additional deprivation of political rights". But if the people's court to the crime of endangering national security may be sentenced to deprivation of political rights, is no longer the additional deprivation of political rights
22, according to the law, the following sentence saying what is not true?
A, do not belong to the extremely serious criminal offense, can not be sentenced to death immediately, cannot be sentenced B, suspension of execution of death penalty decision, by the higher people's court approval of C, at the time of the crime under the age of 18, can not be sentenced to immediate execution, but can also declare a probationary period of two years the implementation of D, to the pregnant women, sentenced to death may be sentenced to death, but must be in its birth or abortion only after the implementation of the death penalty
23, deprivation of political rights (including)
A, a State-Owned Company, enterprise of deprivation, institution or people's organization right
B, deprived of the right to hold a position in state organs
C, deprived of the right to vote and to be elected
D, deprived of access to labor remuneration right
E, freedom of speech, press, assembly, association, pop, demonstration of the right to freedom
Three, term explanation
In 1, the penalty system2, the main3, the supplementary punishment4, are to be sentenced to5, life imprisonment6, death with reprieve7, the fine 8, deprivation of political rights 9, the confiscation of property
Four, short answer questions
1, the criminal detention and criminal detention, detention, the difference between civil administrative detention.
2, the regulation.
3, the criminal law of our country penalty payment way.
What kinds of non penalty processing method of 4, our country criminal law?
5, the restrictive provisions of our criminal law on the application of the death penalty.
6, the criminal shall comply with the provisions of regulation during the execution of the content.
7, the debt to the confiscation of the property of conditions.
Specified period of deprivation of political rights, the 8 of China's criminal law.
9, the deprivation of political rights attached to the application.
10, the contents of deprivation of political rights.
11, in our country the abolition of the death penalty?
What are the disadvantages of short-term freedom penalty 12,?
13, China's death penalty restriction on what?
14, how non - penalty processing method of meaning?
 
Five, to discuss the problem
1, combined with the specific provisions on the death penalty in the criminal law of our country, talk about your overall evaluation on the death penalty.
2, the China's 2 year stay of execution system
System and the fifteenth chapter penalty (the answer)
A, single choice
1, D 2, D 3, C4, B 5, A 6, D  7, B 8, C 9, C  10, B  11, D 12, C 13, D 14, C 15, C16, D 17, D 18, C
19, D20, B21, B22, B23, B24, B
Two, multiple choice questions
1, AB 2, ACD3, BCD 4, ABCD5, AB 6, ABC7, ABCD 8, BC9, CD10 , AB11, BC 12, AB13, ABD    
14, ABC 15, CD 16, CD 17, ACD 18, ABCD 19, BCD20, ADE21, AC22, CD 23, ABCE three, term explanation (omitted)
Four, short answer questions
1, (1) different nature. (2) different applicable objects (3) for organ (4 different legal basis)
2, briefly explain the concept of regulation and article thirty-eighth of the criminal law to the provisions of article 41.
3, (1) a payment. (2) in installments(3) forced to pay(4) at any time(5) relief payment
4, (1) sentenced to compensation for the economic losses or ordered to make compensation for the economic losses. (2) sermons, ordered to make a statement of repentance and apology (3 Department of administrative punishment or administrative) by the competent
Limits of 5, our country general provisions of the criminal law of the application of the death penalty, mainly manifested in the following aspects:
(1) the scope of application of death penalty restriction. According to the provisions of article forty-eighth of the penal code, the death penalty criminals in the most serious offense.
(2) the suitable object of death penalty restriction. The time when he committed the crime under the age of 18 and trial of the pregnant women do not apply the death penalty.
(3) the limitation of death penalty application program. According to the provisions of section second of the criminal code forty-eighth, power to approve death penalty entirely by the Supreme People's court to exercise unified. In judicial practice, according to China's actual situation, for some approve the death penalty cases, the Supreme People's court authorized the high court.
(4) the execution system of death penalty. According to the provisions of article forty-eighth of the penal code, who should be sentenced to death, if immediate execution is not necessary, can judge the death penalty also declared suspended for two years.
6, according to the provisions of the criminal law, the criminal is sentenced to control shall abide by the following rules during execution:
(1) comply with the laws, administrative regulations, submit to supervision;
(2) without the approval of the organ executing the speech, may exercise, publishing, assembly, association, parade, demonstration of freedom;
(3) according to the rules of the organ executing the reporting his activities;
(4) to comply with the provisions of the executive organ of the;
(5) leave live in city, county, or moved, it shall be submitted to the approval of the organ executing the.
7, article sixtieth of the criminal law, legitimate debts incurred by the criminal element before the property, need to use the confiscated property to repay, the request of the creditors, shall be repaid. Accordingly, to repay the debt to the confiscation of property, should have the conditions for:
(1) must be negative in the criminal confiscation of property before the debt;
(2) must be legitimate debts
(3) to repay the debt by the confiscation of property, must be approved by the creditors request.
8, according to the provisions of the criminal law, the term of deprivation of political rights for the applicable conditions are different:
(1) sentenced to death, life imprisonment shall be deprived of political rights for life;
(2) applied in an independent or sentenced to detention or deprivation of political rights, for a period of 1 to 5 years;
(3) sentenced to control additional deprivation of political rights, the term of deprivation of political rights and the control of the same period, while performing;
(4) sentence suspended for two years or life imprisonment, to fixed-term imprisonment is, should put additional deprivation of political rights shall be reduced to 3 to 10 years.
9, according to China's criminal law and judicial interpretation concerned, scope of deprivation of political rights attached to the application for:
(1) for the crime of endangering national security shall be of additional deprivation of political rights;
(2), a criminal who is sentenced to death to life imprisonment shall be additional deprivation of political rights for life;
(3) for the criminals of intentional homicide, rape, arson, explosion, poisoning, robbery and other serious damage to social order, can be of additional deprivation of political rights;
(4) for intentional damage, theft and other seriously undermine public order crime, crime subjective malignant is deep, the circumstances of the crime, the crime of serious bad, can also according to the law of additional deprivation of political rights.
10, according to the provisions of the criminal law, deprivation of political rights, refers to the right to deprive criminals are as follows:
(1) the right to vote and to be elected;
(2) speech, publication, assembly, association, parade, demonstration of the right to freedom;
(3) the right to hold a position in state organs;
(4) as a State-Owned Company, enterprise, institution or people's organization right.
Five, to discuss the problem
Two year stay of execution system, is a method of execution are unique to china. According to the provisions of the criminal law, the specific content of death include:
(1) the application condition of suspended death sentence. According to the criminal law provisions, apply to death with reprieve should have the following two conditions: first, crime when executed, which is the precondition for declaration of death; secondly, need not be executed immediately, this is the essential condition that the principles of boundary conditions of reprieve, which distinguishes the immediate execution of death penalty and death.
(2) decision and approval of death. According to the provisions of the criminal law, penalty except by the Supreme People's court, may be decided or approved by a higher people's court.
(3) the legal consequences of death. According to the provisions of the criminal law, criminals sentenced to death with reprieve, there are several legal consequences: first, during the execution of the intentional crime, submitted to the approval of the Supreme People's court, the death penalty; reprieve during second, no intentional crime, after the expiration of 2 years, to life imprisonment; third, with no intentional crime and a performance of great merit, after the expiration of 2 years, 15 years reduced to 20 years in prison.