1Criminal:, the ruling class of the state, to maintain its political and economic interests, according to the will of law about the crime, criminal responsibility and penalty.

The generalized criminal law: all the laws and regulations of crime, criminal responsibility and penalty in general, including the provisions of criminal responsibility criminal code, separate criminal law and non criminal in (accessory criminal law).
The special criminal law: criminal law system stipulated crime, criminal responsibility and penalty.
Class nature of the criminal law: criminal law is with the emergence of private ownership, class, country, determined by the essence of national class, as the ruling class service tools. China's criminal law is the essence of socialism to protect the people, against the enemy, punishing crimes, and modernization construction, the consolidation of democracy and an important tool of the powerful weapon.
The legal nature of criminal law: the scope of social relations of criminal law for the protection of more extensive, involving economic foundation and superstructure of the criminal law of the most severe mandatory.
The criminal law purpose: punishing crimes, protecting the people, safeguarding the political status and economic interests of the ruling class.
The tasks of criminal law: the expansion of criminal law purpose, according to the "criminal law"2The criminal law of our country, the task, is the struggle against all criminal acts, the people's democratic dictatorship and the socialist system of national security, defend; ② defend the socialist economy foundation, namely the protection of state-owned, collective ownership and private property; the protection of the citizen personal, democratic and other rights; the maintenance and the stable social order, economic order, guarantee the smooth progress of the socialist construction.
The system of criminal law: the composition and structure of criminal law. China's criminal law is divided into the general: about the crime, criminal responsibility and penalty, the principle of the general principle of the standard system; the specifics: Standard System on specific crime, conviction and sentencing; ③ Annex: slightly; general principles and criminal law is general and special, abstract and concrete, specific provisions of general guidance specific reflect, general provisions, the two complement each other.

2The interpretation of criminal law, criminal law: clarify the meaning of the. According to the interpretation effect can be divided into:
The legislative interpretation: the highest legislative body (the National People's Congress and its Standing Committee to explain the meaning of criminal law). Including: the interpretation of the criminal law terminology used in criminal law; interpretation of law drafting and revision of the national legislature interpretation ambiguity; the Standing Committee of National People's Congress on the criminal law enforcement.
The judicial interpretation: the highest judicial (Supreme Court and procuratorate) interpretation of criminal law meaning, if the principle of interpretation ambiguity, submitted to the Standing Committee of National People's Congress interpretation or decision.
The doctrinal interpretation: a national advocacy organization, social organization, teaching and scientific research units or experts and scholars from the perspective of non legally binding to explain the meaning of criminal law.
According to the interpretation method is divided into:
The literal interpretation: Interpretation of legal provisions of word meanings from the arts. (words, concepts, terminology).
The logical explanation: according to legislative spirit, contact the relevant situation, logical explanation of meaning of criminal law, including the extended interpretation and limited interpretation.
The expansion explanation: according to the original intention of legislation, the provisions of the criminal law more than literally.
The restrictive interpretation: according to the original intention of legislation, narrow literal interpretation of criminal law.

3The basic principle of criminal law, criminal law: throughout, specific guidance and control all the criminal legislation, judicial, manifests the criminal legal system of our country to adhere to the rule of law, abandoned by man; to adhere to the principle of equality, oppose privileged; emphasis on justice, against the basic principles of play favouritism and commit irregularities criterion.
The principle of legality: whether the act constitutes a crime, criminal punishment should be what, how, to the law. The criminal law3A: "the law expressly provides for the crime of conviction and punishment, in accordance with the law; the law does not expressly provided, shall not be convicted or punished". The principle of derivation: exclusion of customary law and absolute indeterminate sentence; prohibiting guilty analogy and heavy law retroactivity; clear principles and the principle of strict interpretation. The criminal law embody: the crime and punishment legal, clearly defines the concept of crime, constitutive elements, types of punishment, sentencing principles and specific crime legal punishment. The judicial application: correct determination of the crime and sentenced to a punishment, do justly, according to law, be worthy of the name; strictly on the basis of legal punishment and sentencing plot. The right of judicial interpretation, not ultra vires interpretation, expansion and restrictive interpretation cannot violate the legal meaning, not to replace the criminal law judicial interpretation.
The principle of equality before the law: the law applicable to anyone who commits a crime, equal, that no one is above the law of privilege. Also the principles of our constitution. The gist: any organization and individual, the same shall be protected by law, and must abide by the Constitution and the laws, shall not be beyond the constitutional and legal privileges; all violations of the Constitution and the law must be investigated the behavior. The embodiment of the conviction, sentencing: execution, equality.
The principle of suiting punishment to crime: crime and the severity of criminal responsibility and penalty phase equilibrium criterion. "Criminal law"5A: "the severity of the penalty, crime and criminal responsibility and criminal suit." The legislation: establish a rigorous scientific system of punishment, the punishment principle stipulated differently; set the weight different legal punishment amplitude. The judicial application: correct re light sentencing convicted of error, the two are equally important position; to correct severe sentence principle, strengthen law enforcement idea of sentencing justice; rectify the different court sentencing gap, realize the balance and coordination of law enforcement.

4Effect of criminal law, criminal law (applicable): time, place, person and whether it has back and force.

5Validity of criminal law, the validity of criminal law: the space and people, the scope of the criminal jurisdiction of the state.
The territorial principle: by the regional standards, where the crime in the country in the field of nationals and foreigners are applicable national criminal law. "Criminal law"6Article1,2Paragraph: "anyone who commits a crime in the territory, except when otherwise stipulated by law, the law is applicable to. Anyone who commits a crime on the Chinese ships or aircraft, this law is also applicable to". The field to lead the way, territorial waters, airspace. The special regulations of the laws "criminal law"11A: "the criminal responsibility of foreigners who enjoy diplomatic privileges and immunities, resolved through diplomatic channels". "The basic laws of the Hongkong SAR"2A: "the National People's Congress authorized the District of Hongkong in accordance with the provisions of this Law shall enjoy a high degree of autonomy, administrative and legislative powers, an independent judiciary". "Vienna Convention on diplomatic relations": "all embassies, consulates and diplomatic personnel not subject to local jurisdiction and under national jurisdiction".
The principle of Nationality: in their areas, crimes committed outside the country people, all applicable national criminal law. The "criminal law"7A: "Chinese citizens to commit the crimes specified in this Law Chinese outside the field, the applicability of this law, but according to the provisions of this law the maximum punishment for3Years in prison, but not to pursue. Chinese state personnel and military personnel who commit the crimes specified in this Law Chinese outside the field, the applicability of this law." The "criminal law"10A: "where in the China outside the territory of the crime, in accordance with the law shall bear criminal responsibility, although the foreign judgment, still according to this law, but in foreign countries have received criminal punishment, can be avoided or mitigated punishment."
The protection principle: foreigners in their areas, crimes committed outside their,, any violations of national interests of all applicable national criminal law. "Criminal law"8A: "the foreigner crime against the state or citizen in Chinese domain, and punishable according to the law as the3Years or more in prison, this law may be applicable, except by criminal law without penalty."
The general principle: foreigners in their areas, crimes committed outside their,, where the violation of the provisions of international treaties in the common interest of the international community for their criminal law. "Criminal law"9A: "the rules for the international treaties concluded or acceded to by Chinese crimes, Chinese within the scope of its treaty obligations to exercise criminal jurisdiction, applicable law."
The criminal law of our country space validity principle to adopt the principle of territorial jurisdiction basis, both personal principles and protective jurisdiction, and retained by the principle of universal jurisdiction.

6, limitation of criminal law: Provisions Concerning the laws and the effectiveness of the termination of the time and have the back and force.
The criminal law effect of time ~ ① announced the date of entry into force of the time effect. The new criminal code in China1997Years10Month1The date of promulgation.
The failure time of the criminal law to the national legislature declared failure; the natural failure, the old method instead of the content of the same, disappeared special legislative conditions or old method, the old law shall be invalidated automatically.
The retroactivity of criminal law and criminal law after the entry into force, apply prior to the commencement of without trial or sentence had not yet determined behavior. From the old principle, from the new principle, from new and lighter principle, the doctrine of. Our country to the retroactivity of criminal law to adopt the doctrine of. "Criminal law"12Article: "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 the time; if the law was deemed a crime under the general provisions of this law, the four chapter8The provisions of section should be prosecuted, shall be investigated for criminal responsibility according to law at the time, but if the act is not deemed a crime or imposes a lighter punishment, this Law shall apply. Before the promulgation of this law, in accordance with the effective judgment when the law has been made, continue to be effective".

7Criminal: "criminal law"12A: "all the harm national sovereignty, territorial integrity and security, secession, to subvert the people's democratic dictatorship and overthrow the socialist system, destroy the social and economic order, violations of state, collective or private property, the infringement of citizens' personal, democratic and other rights, and should be punished by criminal punishment acts against society, it is a crime, but circumstances are obviously minor and the harm is not great, not deemed a crime".
One should not be punished to the act does not constitute a crime, no punishment.
No need to punishment to the behavior constitutes a crime, the punishment, but considering the minor, voluntary surrender, meritorious service and other specific circumstances, and exempted from criminal punishment.
Social harmfulness to the basic characteristics of serious crime; the criminal illegality, is expressly prohibited specific behavior in the criminal law of china. Its essence is the behavior of serious violations of the provisions of criminal law to establish the prohibitive norm; ③ to criminal punishment, which must be given criminal punishment, was identified as a crime.

8, constitution of crime: according to Chinese criminal law, the organic unity of objective and subjective elements of all the social harmfulness and its degree of a specific behavior and the act constitutes a crime required. It includes the object of crime, objective aspect of crime, subject of crime, subjective aspect of the crime of four components.
The organic unity of the characteristic to all the subjective and objective elements; social harmfulness and its degree of the concrete behavior and the act constitutes a crime; the act constitutes a crime of essential elements, by the provisions of the criminal law. The general provisions of criminal law provisions of the common members of the specific crime, criminal law provides specific members of the concrete crime.
The significance of the crime to offer basis for criminal behavior; ② to divide the crime and non crime, this crime and other crimes provide standard; the innocent people without providing security illegal investigation.

9Criminal responsibility, criminal legal consequences: behavior caused by violation of criminal legal duty behavior one should reflect the national criminal law, according to the behavior of negative moral and political evaluation to assume the standard.
The difference between criminal and other legal liability to the foundation is different; the procedure is different; the effects of the different.
The feature to criminal liability of mandatory to criminal responsibility for the crime act, is a kind of special legal obligation of compulsory criminal undertakes to the country; the strictness of criminal responsibility is the legal nature of the liability to the most serious, negative evaluation of the most intense, the most severe sanctions; ③ specificity to the establishment of criminal liability basis which is conform to the objective facts of a crime and crime, criminal responsibility shall be borne by the only person or unit crime, with special properties, can not be passed on and alternative; the applicable of criminal responsibility is the comprehensive response to the facts of the crime, is also the reality of criminal law norms, which provides the basis for the penalty, once determined not to change and "private", this is only limited to the negative evaluation of the crime.
The function to criminal responsibility to regulate the relationship between crime and punishment. Criminal responsibility is the result of a crime, the crime and penalty of the pilot-The responsibility-The logical structure of the sentence, is the epitome of the whole criminal content.
The possibility of relation to criminal responsibility and punishment of criminal responsibility to determine the punishment applicable, no criminal responsibility there is no penalty, two is the relationship between the premise and the consequences; the criminal responsibility is the size of the penalty responsibility judgment standard, heavy duty, light light punishment, suiting punishment to crime and criminal responsibility is inherent; factor of penalty, the penalty is the external manifestation of criminal responsibility, criminal responsibility mainly through penalty to achieve.
The criminal responsibility shall be investigated for criminal responsibility according to the state and the perpetrator of criminal responsibility according to the. The philosophical basis to their own initiative to implement the crime based on the criminal behavior; the legal basis to act with crime. The solution to the conviction and sentence of condemnation; from; the eradication treatment, including Amnesty release of crime, crime, death over the limitation period for prosecution of the crime; the transfer processing (only for foreigners who enjoy diplomatic privileges and immunities).

10The object of the crime:, protected by criminal law for criminal acts and violations of the socialist relations of production. Divided into:
The general object to reflect all the crime object of all crimes in common common violations, namely whole protected by criminal law of our country socialist relations of production.
The object of similar objects to a common criminal violations, which is protected by criminal law of our country socialist relations of production or part of a hand.
The direct object to a specific crime direct violation of the criminal law of our country, the protection of a specific social relationships.
The object relations to the criminal object and the criminal is protected by the criminal law and criminal violations of social relations; the object of crime is the crime directly the role of specific things or people. Connection to concrete is the material manifestation of social relations; subject specific knowledge of social relations. The difference between the crime determines the nature of the crime to the object, the object of crime is not; ② all crimes are the object of the crime, but not everything is the object of crime; the crime object of any harm, but not necessarily harm the object of crime; the object of the crime is the crime classification standard, the object of the crime is not.

11Objective external manifestations of crime, objective aspect of crime to harm, including harm behavior, result, the causal relationship between behavior and harmful results.
The significance of the research to the help to distinguish between crime and non crime, this crime and that crime; subjective elements to help correct analysis and determination of the crime; it is helpful to the correct sentence.
The harm behavior to subjective consciousness or will, objective harm the social behavior. Unconscious people and will less physical activity (irresistible force, physical coercion, sleep or delirium condition) harm behavior is not the meaning of the criminal law, the damage caused by the objective can not constitute a crime.
The harm behavior forms - as to implementation of the prohibition of the criminal law of China against the social behavior of positive behavior by criminals, including positive behavior, I personally implementation by means of animal, the forces of nature, through crime does not have the subjective conditions of crime of others or the fault of others. The omission to criminal has a statutory, job or business, the behavior of human behavior to advance some interest legal protection at risk arising from the specific implementation of compulsory and capable of implementing some kind of positive behavior and not implemented, violation of the criminal law protection of object and object behavior.
The correct understanding of act and omission ~ ① and intent and fault phase difference, act and omission are two basic forms of the objective harm behavior, both intentionally, also has the fault; the act and omission harm degree does not determine criminal acts; the acts and omissions in different ways, does not affect the nature of the crime.
The harmful results to generalized is all damage caused by harmful acts of the defendant, including direct and indirect results, and does not belong to the crime member belongs to the narrow sense; crime and cause direct damage tangible object can be measured and intangible can't specific measurement results.
The law of our country physical harm result rules to the direct object specific to cause material damage as the standard of accomplished crime; ② to serious physical harm as a result, crime and non crime standard; risk according to the specific matter of serious consequences, as the standard of accomplished crime; taking the material damage results weight as suitable for different legal punishment amplitude standard.
The causal relationship between behavior and harmful results to the objectivity to harm behavior and harm result objective relationship between subjective content, does not involve human behavior; objective, relative to the causation of criminal law on crime of the behavior person, is whether the harm results to bear criminal responsibility, causality is the result of determination statutory has the tangible harm results can be measured, the cause is harm the social behavior; the time sequence to cause must first, only after, two time order cannot be reversed, the harm behavior only caused and determined results, to prove that it is the results of the causes; the conditional and specific to the implementation from the harmful behavior specific time, place, condition judgment harm result; the complexity to a fruit because, a result of more fruit, much performance in the responsibility of accident and the crime; not necessarily act itself and the harm result harm the necessity and chance to, and other causes of accidental interleaved, other causes of accidental inevitably caused the harm result, fortuitous causal relationship has a certain significance for sentencing.
Is not as a causal relationship to the omission crime causal relationship exists between the objective behavior and harm result, because do not act without specific obligations to prevent occurrence of harmful consequences.
I have other objective elements of crime to crime specific location, time, method (method) and other essential elements of non criminal (except as otherwise provided by law). Is of great significance to the social harm of crime and the sentencing judge correctly.

12The subject of the crime, to implement the capacity of criminal responsibility, harm behavior. According to the natural attribute as:
The natural person subject to criminal responsibility, the implementation of the natural person acts against society and should bear criminal responsibility according to law.
The unit subject to "criminal law"30A: "companies, enterprises and institutions, organs, organizations implement harm the social behavior, the law as a crime, he shall bear criminal responsibility". "Criminal law"30A: "the unit crime shall be sentenced to a fine, and sentenced to a punishment of the persons directly in charge and other directly responsible personnel. The provisions of this Law and other laws provide otherwise, in accordance with the provisions".
According to the legal attribute of the subject of natural person is divided into:
The subject of crime of natural person subject to generally requires only the capacity of criminal responsibility can be.
The special subject to possess not only the capacity of criminal responsibility, criminal subject also requires specific position or status can constitute.

13The ability of criminal responsibility, to the acts constitute a crime and criminal responsibility required, identify the criminal behavior were necessary and the ability to control their own behaviour.
The ability of criminal responsibility content to the identification ability is the foundation of criminal responsibility, is the premise of control ability; ② control ability is the key to the capacity of criminal responsibility; criminal responsibility of existence, asked to identify and control ability must be complete, indispensable.
To the degree of impact of criminal responsibility of knowledge and intellectual maturity; the human spirit (brain) status.
The classification to criminal responsibility complete criminal responsibility to who do not belong to the provisions of the criminal law has no or limited capacity for criminal responsibility of natural person, not only at the age of18Years of age, psychological and physiological functions of sound and normal intellectual development of people; ② completely without capacity of criminal responsibility to act without criminal sense of identification or the ability to control their own behaviour, both dissatisfaction14Old people and can not identify and control their own behavior of mental patients; the relative inability to criminal liability is limited to some serious crime criminal law clearly stipulates the criminal responsibility, both14-16Natural person years of age; the limit (limit or reduce the intermediate state criminal responsibility ability) to complete criminal responsibility ability and completely without capacity of criminal responsibility, the perpetrators harm behavior prohibited by the criminal law, for reasons of age, mental state, physiology function defects, although has the responsibility, but the identification and control of their the ability to act with full criminal responsibility has weakened, decreased to a certain degree of. Include14-18Years of age effects do not have the ability to complete criminal responsibility due to age of minors; deaf, dumb, blind; mental patient who has not completely lost their ability to identify and control behavior.

14The factors affecting the ability of criminal responsibility:
The age ~ ① discontent14Age is not a negative phase of the age of criminal responsibility14-16The age is relatively negative phase of the age of criminal responsibility; the full16One is completely negative phase of the age of criminal responsibility.
The juvenile delinquency processing to the principle of lenient punishment to14-18A person under the age of the crime, be given a lighter or mitigated punishment; the application of the death penalty in principle to criminal law49A: dissatisfaction18A person under the age of crime do not apply the death penalty (including death). The criminal law17A: "full16A person under the age of criminal responsibility for the crime.14-16Years of age, the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, poisoning crime, shall bear criminal responsibility.14-18A person under the age of the crime, be given a lighter or mitigated punishment. Because of dissatisfaction with the16Years of age are not subject to criminal punishment, the parent or guardian shall be ordered to discipline; when necessary, can also be taken in by the government."
The mental obstacle to no criminal responsibility of mental patients to "criminal law"18Article1Paragraph: the mental patient harm results upon verification and confirmation through legal procedure does not bear criminal responsibility in is unable to recognize or control their own behavior, but his family or guardian shall be ordered to keep a strict eye, when required by the government of compulsory medical, confirm the spirit obstacle without responsibility must have medical standards and the psychology standards at the same time.
The full criminal responsibility of mental disorder to the spirit of the normal period of intermittent mental patients to criminal law18Article2Paragraph: the mental patient intermittent crime when in normal mental shall bear criminal responsibility; the majority of non psychotic disorders to various neurosis, personality disorder, sexual perversion, emotional reaction, physiological drunk with simple chronic alcoholism, sequelae of cerebral concussion, slight spirit dysplasia.
The spirit obstacle to the criminal liability of the criminal law18Article3A: is not completely lost the mental patient identification and control his own conduct crime, shall bear criminal responsibility, but may be given a lighter or mitigated punishment.
The physiological dysfunction to criminal law19A: deaf blind crime, but lighter, mitigated punishment or be exempted from punishment.
The criminal responsibility to the drunk person physiology (ordinary, simple) drunk, because of excessive drinking and mental excitement or confusion situation. "Criminal law"18Article4Paragraph: "who commits a crime shall bear criminal responsibility drunk". Because the medical evidence physiology intoxicated person who identify and control capacity is reduced but not completely lost is not without capacity of criminal responsibility; ② physiology intoxicated person in a drunken before their drunken may implement harm behavior should be foreseen, even have foreseen harm behavior, drunken state, subjective elements have deliberately or negligence crime; the drunk is entirely artificial can get rid of behavior.

15The subject of crime, subjective aspect of the crime: for since its behavior and harm result of sin (including mental attitude, intention and negligence, criminal purpose and motivation).
The criminal intention to act knowing that your behavior will cause socially dangerous consequences, hope or indulge the results of mental attitude. The direct intention to knowing that their actions would entail harmful consequences to society. Hope this harmful consequences. The indirect intentional and knowing that their actions may entail harmful consequences to society, laissez faire (don't want don't stop) the harm the social result, results do not violate behavior will.
The criminal negligence to behavior person should have foreseen that his behavior may cause socially dangerous consequences, because of carelessness or have already foreseen and unforeseen believe can avoid mental attitude. A negligent crime law, criminal responsibility shall be borne. Was the fault of negligence to occur on the results of their actions, should meet can foresee, just because of carelessness and unforeseen; its will is not want to also do not allow harmful consequences. The fault of over confidence to occur on your actions harm result of understanding, but credulous harm result can be avoided; its will is neither want nor laissez faire harmful consequences.
The purpose of the crime to behavior person hope to implement the behavior to achieve some kind of harm results mental attitude. It exists only in the direct intentional, indirect intention and negligence may not exist the criminal purpose. The criminal purpose is to achieve the harmful results, can be divided into direct purpose and ultimate objective.
The inner cause or thought to commit a crime motive of the crime - and stimulation of criminals. Conditions to the behavior of the inherent human need and desire; the external incentives and stimulation. The criminal purpose and the harm result directly; the motive for the crime is the pursuit of the harm result.
The accident ~ which caused the damage, but the subjective not intentional or negligent, but due to irresistible or unforeseeable causes event. Characteristics of ~ ① act in fact results in harmful consequences; the behavior of no negligence and intentional subjectively; appear the damage results due to unforeseen or irresistible reasons caused by.
The irresistible force to act in fact results in harmful consequences, but not the intent or negligence, but due to irresistible or unforeseeable causes the situation, it is not a crime.

16Error of cognition, behavior law: act on their own behavior in law is a crime, what constitutes a crime, shall be subject to incorrect understanding what punishment.
The imaginary crime to the act does not constitute a crime according to law, behavior of people mistakenly believe that constitute a crime.
The hypothetical sin not to acts of crime, and the behavior of people mistakenly think that do not constitute a crime. The behavior of its behavior in the crime and penalty on a misunderstanding.

17Error of cognition behavior, the fact: incorrect understanding act on their own behavior in fact.
The error of the object to the perpetrator intended invasion of an object, but in fact the violation of another object. According to the error of the object's case, the conviction according to behavior intention infringement.
The object of the crime object error ~ the specific behavior does not exist, people mistakenly think that the infringement object exists and the implementation of crime, the crime did not succeed, should be attempted crime. The behavior of people mistakenly think that the human beast and the implementation of harm behavior, mistook the awareness of non infringement people is for defense against unscrupulous people, this is obviously not an intentional crime, according to the actual situation or negligent crime, or accident. The specific objectives of error, behavior person to use a person as a violation of another person to.
The behavior of the real nature of error to real property act on their own behavior to deviate or wrong understanding.
The tool (or method) error - in this case, the behavior of people with criminal objective and subjective elements of crime, just because the effectiveness of misunderstanding and lead to criminal behavior not accomplished crime crime results, should be attempted crime for the perpetrator of criminal responsibility.
The causal relationship between the actual development process error to act on their own behavior and the causal relationship between the result of wrong understanding, including the behavior person thought has reached the anticipated crime results, the results did not occur in fact; the behavior of people seeking result is in fact due to other reasons the behavior of people mistakenly thought, whose behavior is caused; the act did not develop according to the expected direction and expected to stop, but the behavior than predicted and the pursuit of the goal of the results; the behavior of people in the implementation of a, B two behavior, damage was caused by the B behavior, behavior human error that is caused by a behavior. In this case, the behavior of human mistake does not affect the criminal responsibility.

18Stop condition, intentional crime: crime occurrence, development and complete the process and stage, and various state stopped because of subjective and objective reasons. Including the accomplished crime (accomplished) morphology and the incomplete crime (preparation, attempted and termination) form.
The accomplishment of a crime to act intentionally has all the elements of a crime. The characteristics of subjective behavior to specific criminal intent has been implemented by criminal behavior all expanded or be realized; objective behavior of crime has reached the statutory end in the subjective criminal intent and will to control, to complete the crime status. The results have to not only have the objective elements of the act constitutes a crime, and must have the legal crime result, constitutes the accomplished crime. The behavioral offense and to complete the statutory crime as signs of accomplished offense of crime. Crime risk harm behavior and dangerous to the actors caused some harm results as statutory signs of accomplished offense. The act committed to conduct a started the crime report crime has been completed, which fully meet the elements of crime accomplished crime. The principle to the punishment in considering the guidance and constraint based on general principles of sentencing in general provisions of criminal law, criminal law crime directly according to the specific provisions of the statutory penalty auxiliary punishment.
The preparation for a crime to human behavior crime to create conditions, and due to the failure to act will cause other than the implementation of crime crime stop shape. The feature to behavior person has started implementing the crime in preparation; actual behavior but not to a crime; crime stagnates in action had not yet started when is against the subjective behavior, namely due to reasons other than the will of the people. The form of expression to prepare tools, to create convenient conditions for the implementation of criminal behavior, criminal investigation, including time, place, remove obstacles, the whereabouts of crime victim, seduce aggregation tracking for joint crime of crime premeditated crime, formulate plans. The principle of the criminal law to punish22Article2Paragraph: "the preparatory crime, according to the accomplished offense, a mitigated punishment or be exempted from punishment".
The criminal attempt to act have come to implement specific acts of crime, because a crime causes the outside the will but failed to complete the crime stop shape. Includes fully accomplished and has not fully accomplished; attempted crime and attempted crime due to impossibility of type two. Characteristics of ~ ① behavior has begun to implement the crime; the crime is not complete without stopping; ③ crime stop in an unfinished state is due to reasons other than the will of the people.
The performance of the implementation of the end of attempted to behavior of people mistakenly believe that the implementation of criminal intention required behavior have been implemented, so stop crime, but because of factors outside its will and failed to make the crime accomplished state. The behavior of crime people required to complete the implementation of criminal crime, this point is not a mistake, but at the end of accomplished crime behavior from a distance, in the end to implement later due to reasons other than the criminal consciousness that failed to reach the state of accomplished crime.
It has not fully accomplished to crime is not implemented. The implementation of social harmfulness than attempted end has not fully accomplished, when sentencing the former than the latter from master.
The attempted crime to crime by the actual possible accomplished but stopped due to the failure to act will cause other than the accomplishment of.
The impossibility to act wrong understanding of facts about the crime, the crime can not be accomplished, including tool impossibility and object impossibility. The principle of punishment, take take doctrine, criminal law23Article2Paragraph: "for the attempted offense, but accomplished crime shall be given a lighter or mitigated punishment".
⑻ discontinuance of crime to acts of crime or automatic waiver to effectively prevent the crime results in the crime occurred during. Characteristics: ① the space-time, crime must be in motion without the formation of any stagnant condition to stop crime. The automatic, the behavior must automatically stop the crime. ③ thoroughness, behavior person completely abandon the original crime. The principle of punishment in criminal law24Article2Paragraph: discontinuation of a crime if no damage is caused, be exempted from punishment; causing damage, should be mitigated punishment.

19Intentional crime, common crime: more than two people together.
The main body of common crime must be conditions to more than two people, including 12The common crime more natural form; II2The common crime more units; common crime of natural person and unit the responsibility ability.
The objective elements of the crime to crime must have joint criminal behavior. Including the common, not as common as, the omission as set; no division of the joint direct implementation of crime, common crime per capita direct implementation of the crime. The existence of common crime division, performance for the organization, implementation, abetting, and help behavior.
The subjective elements to common crime all common crime must have the same criminal intention. Characteristics: the understanding of factors to recognize not alone but with others with common crime; not only to recognize their behavior but also recognize other criminal behavior will cause certain harm result; each joint offender can foresee the causal relationship between the behavior of joint crime and joint crime results. ② will ~ if the performance for the common occurrence of this common hope results directly intentionally; if the performance for the common indulge harm result occurred with the common indirect intention; individual case, may also act out hope for some, others in the laissez faire.
To the common crime can not be established without a common criminal means to contact, and the implementation of the same crime at the same time for the same goal and make not the common crime, should be made to separate were punished. At the same time the implementation of crime and intentional content different does not constitute joint crime. ③ beyond joint intention outside the crime, does not constitute a crime.
In the form of common crime and the joint crime to any specific provisions of criminal law can be implemented by a single crime, when2More common are implemented, which is a common criminal. Features: no limit on the number of the criminal law on the crime subject, if implemented together two people, is the establishment of common crime. The necessary joint crime to criminal law provided only by the common behavior of more than two people as the elements of crime constitutes a crime. Characteristics: the subject of crime must be more than two and has a joint criminal behavior, a person can not constitute a crime in the criminal law of our country alone, as the common crime and group crime in two forms. Joint crime to the conspirators of joint crime intentionally, is to form a crime before. Joint crime to the non premeditated joint crime of intentionally, is committing a crime or in the set in the criminal process. The simple common crime - also known as common (offender) principal, two or more persons jointly direct the implementation of specific provisions of criminal law of a specific crime behavior. The complicated joint crime to the crime of human existence crime division of joint crime, the organized crime is: responsible for the whole crime activities planning, command and leadership; instigator abetting others to have criminal intent intention is not to commit a crime; abettor is the implementation of the crime, complete and maintain the crime of illegal status, provide material and spiritual help. The common crime (not a group general accomplice) to the common crime has no special organization form. The characteristics of common crime is a crime for implementation of temporary binding, once accomplished crime, this combination is not exist. The common crime and common crime to have special organization, known as the group of crime, criminal law26Article2Paragraph:3People above the common crime is fixedly consisted of organized crime.
The classification to the offender by nature and crime division of joint crime, is divided into organizational crime, perpetrator, abettor, instigator; according to in joint offence in the status and role, divided into principal and accessory; ③ by common criminal division in joint crime in effect, the common criminal into organizing offender, abettor, accessory, abettor, then distinguish between the principal and accessory, coerced offender. The criminal code of our country mainly to in joint offence in the role and status, appropriate consideration of joint crime division, will be divided into principal, accomplice, accomplice instigator and Co.
The principal and the criminal responsibility to the criminal law26A: organization, leads a criminal group in carrying out criminal activities or play a principal role in a joint crime, are the main culprits. More than three people as the common crime is fixedly consisted of organized crime, criminal groups. Ringleader who organizes, leads a criminal group, punished according to all the crimes committed by the group. The article3The principal paragraph outside, should according to their participation or organization, command of all criminal punishment.
⑻ accessory criminal law and criminal responsibility to27A: plays a secondary or auxiliary role in a joint crime is an accessory. Including secondary implementation method, help offender. The accessory, should be lighter, mitigated punishment or be exempted from punishment.
Assisting offender and the criminal responsibility to make forced (force or spirit threat) crime in joint crime. The criminal law28A: the coerced offender, according to the circumstances of the crime should be reduced or exempted from punishment. As the circumstances of the crime, mainly refers to the extent of being stress, and the actual role in a joint crime.
That the instigator and the criminal responsibility to the instigator is I don't personally trial crime, and deliberately abetting crime decision and criminals committing a crime. Have the conditions to the subjective intent of abetting a crime; with abetting criminal behavior of the objective. The criminal law29A: who instigates others to commit a crime, should be in his role in joint crimes punishment. Instigates a person under the18A person under the age of crime, should be severely punished. If the instigated person does not commit the instigated crime, the instigator, be given a lighter or mitigated punishment.
We (indirect perpetrator) to instigate disaffection14A person under the age of the patient or the spirit (people without responsibility) crime of instigators instigator, shall be guilty of a separate crime.

20, one crime and several crimes in criminal law theory form - also known as the pattern of crime number. Study on the pattern of crime number theory, is called the pattern of crime number theory. Its basic task is to describe the morphological characteristics, the perpetrator's harm behavior constitutes a crime from the crime of single angle, to illustrate the various forms of quantity of crime constitution, reveal the essence of the crime, the common characteristics of different forms of quantity of crime and the scientific definition of the different boundaries, and then determine the various forms of quantity of crime the application of the principle of treatment.
The one crime and several crimes in terms of quantity for a man to committing a crime. Specifically, based on the implementation of a fault, a harmful act, with a crime as a crime; a plurality of SINS based on the number of hazards, the implementation of behavior, with the number of crime of the crime.
The crime number judgment standard to the criminal law of our country with dialectical materialism as the guiding ideology, to the standard of criminal constitution says (subjective unification said) as the basic theory to distinguish between a crime and several crimes. Because, according to the standards constitutes a crime, or determine the crime number between single double standards, should be the number of crime, the perpetrator of criminal facts have a crime as a crime, with a number of criminal constitution of the crime. The standard of criminal constitution, the phenomenon of crime of their own laws as the starting point. Carry out the principle of unity of subjective and objective, to distinguish the crime as a crime and several crimes standard, can be in to ensure the number of crimes determine the statutory basis, unity and fairness, reflect the basic requirements of the principle of legality. The standard of criminal constitution, not only in the pattern of crime number theory to the theory of constitution of crime, but also provides the necessary security in-depth study and healthy development for the crime theory. So, by the constitution of the crime standard number as the judging standard is scientific and rational crime.
The type of a crime to pure (pure, typical of a crime) - based on a form of sin, the implementation of a crime with crime, a crime. The number of crime has some characteristics of the essence of a crime to form, but in essence constitute only a crime one crime, it includes the continued offence, imaginative jointer of offense and consequential offense. The statutory one crime and several crimes in accordance with the number of crimes, because of the specific reasons, crime legal as a crime, including the combination of crime and recidivism. The broken (referee) a crime to conform to the crime constitutions of crimes, because of its inherent characteristics, the judicial process as a crime. Including continuous crime, implicated offense and absorbable offense.
The number crime types to the same crimes to the perpetrator of the same criminal intent, the implementation of a number of acts of the same nature, the number of independent crime violated the same criminal. This kind of crime is still controversial whether punishment. The several dissimilar crimes to the act of a number of different criminal intent, carried out a number of different behavior, the number of independent crime violates several charges. This kind of crime should be punished.

21To make (continuous offence):Crime since embarking on time until its constitute accomplished, and usually in the crime to crime after the end of a certain period of time, the criminal behavior arising from its illegal status at the same time in the form of crime in the process of.
The characteristics of ~ ① must be subjective or generalization based on a single crime intentionally, to accomplish the same criminal intent to implement a harmful act crime. ② must be continued violations of the same simple direct object or the same complex direct object of crime, the crime behavior arising from its lawlessness and continuous process. It must be sustained for a certain time or a certain time for the establishment of conditions. The above four basic characteristics of mutual connection, mutual restriction, must have at the same time, to continue to make.
The principle of punishment to a crime according to criminal law, not a combined punishment for several crimes.

22, the imaginative joinder of offenses (imagine the number crime) ~ behavior of several faults based on a criminal intention dominated. The implementation of a harmful act, crime and violation of two or more dissimilar.
The constitution characteristics (essential) ~ ① must commit a crime several different crime a crime intent based. The behavior of people only implement a harm the social behavior. The implementation of the behavior of a harm social behavior, must violate a number of different direct object. The implementation of the behavior of a harm the social behavior, must also violates several charges.
The principle of punishment to be "a heavier punishment", without the combined punishment for several crimes.

23, aggregated consequential offense (aggravated) to implement the basic crime behavior happened outside elements constitute the basic legal crime, should be according to the law to increase the legal punishment crime.
The basic crime constitution implementation features to the behavior of human elements of the act must objectively caused heavy elements other than the basic crime constitution. A causal link between that accords with the basic crime and aggravated consequence. The aggravated result elements outside the structure of the basic crime, must be expressly stipulated in the criminal law, become attached to the basic elements of crime of organic component and the presence of specific crime. The behavior for the basic crime by the implementation of the elements of the act and the aggravated consequence caused had criminal intent.
The type to the basic crime and aggravated consequence are intentionally; the basic crime is intentional, the aggravated consequence for negligence; the basic crime and aggravated consequence are out of negligence.
The statutory Aggravating Punishment by the principle of punishment to should be in accordance with the provisions of the criminal law of the.

24Combination of crime: crime, from more than two independent charges.
The combination of features to make the number must be combined with a specific crime independent; the number of independent specific crime are combined into a new crime; combined with the number of crimes is based on the provisions of the criminal law.
Combined with offense to should be in accordance with statutory punishment of specific provisions of criminal law.

25In some crime, criminals: regular business, or to the proceeds of crime is the main source of life (waste), repeated the same one or several kinds of crime in a long time, have formed the habit of criminals and criminal state.
Characteristics to the recidivist of long time repeated implemented with one or several crimes, the crime is often industry or the formation of criminal abuse; the subjective repeated crime intentionally malignant deep, difficult transformation.
The habitual principle of punishment to directly according to the specific provisions of criminal law punishment, not subject to the same punishment.

26Continuous offence:Behavior based on the number of the same crime intentionally, repeatedly carried out a number of properties of the same crime, crime violated the same criminal.
The feature to continuous offence intention must be continuously under the control of several same premeditated crime intentionally based on, this is a subjective element of continuous offence. We must implement a number of separate harmful behavior enough to constitute a crime. This is one of the objective elements formed continuous offence. The continuous offence between several crimes which must have continuity. The number of continuous committed the crimes must be violated the same charges.
The continuous principle of punishment to without under the combined punishment for several crimes, should be applied according to a crime shall be given a heavier punishment or according to a crime as the aggravated punishment for crime.

27, implicated offense:The perpetrators of a crime (i.e. the crime), their behaviors or results behavior violate other laws (i.e. he sin) form of crime.
The implicated offender characteristics - must be a final purpose of crime based on the. We must have more than two, relatively independent of the harm the social behavior. The number of hazards must have implicated relationship between social behavior. The implicated relation is intrinsically linked with the means and purpose or reason and result of the behavior's social behavior between the number of hazards. And depend on each other to form an organic whole. The number of behavior must be different crimes.
The implicated offense to should be strictly in accordance with the specific provisions of criminal law, the specific crime implicated offense principle of corresponding fault. In addition, the other criminal law does not stipulate principle of punishment of implicated offense, should be a felony, not a combined punishment for several crimes.

28The absorbable offense: person, number of conform to the crime constitution the attachment and attached to criminal behavior relations, resulting in a non independent crime, is absorbed by another independent crime, the behavior person only to absorb the crime, but to be absorbed by the crimes set regardless of the form of crime.
The absorbable offense characteristics ~ ① behavior must implement several are in accord with the constitutive elements of the crime of dangerous act. The number of crimes, must the independence and non independence of the unity of opposites characteristics based on each other, and form a relationship between absorption. The number of crimes must be violations of the same or similar direct object and point to the same object specific crime. The behavior of people must be a criminal intention based on, to achieve a specific criminal purpose and the implementation of a number of crimes.
The form of absorbable offense to absorbing relationship types, the accomplished offense absorption preparatory crime or offense. The absorption of the preparatory crime attempted offense. The implementation stage of preparatory crime discontinuance of absorption. But by the felony misdemeanor principle of absorption, when the actual implementation stage of the discontinuation of crime in preparation for a crime caused by absorption of light, not state, should be prepared to commit to the implementation stage of absorption of discontinuation of crime, as a stage of the discontinuation of crime to absorb an exception of the preparatory crime. The principal conditions with executing criminal constitute the crime, abettor, accessory absorption, secondary perpetrator of crime. The subjective constitute crime absorption accessory accomplice under duress, constitute a crime. The crime with aggravated constitution of crime absorbing the common crime constitution of crime, or the common crime constitution absorbs the crime crime crime with ease.
The absorption of offense to absorbable offense, only according to the absorption of punishment, not a combined punishment for several crimes.

29The elimination of the hazard, proper behavior: also known as sex or stop illegal behavior, a behavior consistent with in the form of a crime, but given the special circumstances in essence no harm to society, do not constitute a crime. Including the self-defense; the act of necessity; perform duties in accordance with the law; execution behavior; the rights of people with behavior.

30In order to unlawful infringement, justifiable defense: national, public interests or the legitimate rights and interests of others, I am against the ongoing, and to the suppression of unlawful acts of infringement, unlawful infringement.
The constitute elements ~ ① there must be unlawful infringement. On the legal behavior, accident, negligence and not as a criminal defense is not justifiable defense. Know the infringer is a mental patient or without capacity of criminal responsibility, are not allowed to take self-defense, can carry out the emergency. Imaginary defense is not justifiable defense. ② must is being infringed, beforehand and afterwards defense defense is the defense is not timely, constitute a crime should be investigated for criminal responsibility. It must be out of order to the country, the public interests or the legitimate rights and interests of others, I am from being violated. Justifiable defence is not obviously exceeds the limits of necessity and causes great damage. It must be only for natural persons who have committed illegal violation, not including animal, property, legal person, not the innocent citizens. The implementation of the anti defense of self-defense is not, the unjustifiable self-defense, emergency hedge when it implements the justifiable defense. The instigation of defense and mutual trespass not in self-defense theory.
The unlawful infringement over standard ~ should be infringed upon the legitimate rights and interests of the real danger is eliminated as the standard. Specific: the unlawful infringement has ended; the unlawful infringement people automatically cease infringement; the perpetrator is uniform; the unlawful infringement people lose the ability to continue to abuse.
The right of special defense to criminal law20Article3Paragraph: to murder, robbery, rape, kidnapping and other serious violent crimes endangering personal safety, to take defensive actions, against illegal caused casualties is not undue defence, and he shall not bear criminal responsibility.
The unjustifiable self-defense to defend the person's subjective sin to act of defense exceeds the limits of necessity, against criminals who caused major damage to the case. The criminal law20Article2Paragraph:

Justifiable defence obviously exceeds the limits of necessity and caused significant losses, shall bear criminal responsibility.

31, emergency: for the state and public interests, the legitimate rights and interests of himself or others from danger happening, emergency avoidance behavior may have taken damage the lawful rights and interests of the legitimate rights and interests of the larger smaller preservation.
Dangerous to some (people harm behavior, natural disasters, animal invasion, human physiological disorders) urgent state of facts may immediately harm the legitimate rights and interests of the.
The emergency conditions to the subjective conditions to the emergency to are taking place against the risk of damage and protect the legitimate rights and interests; the causes of the condition to have the danger to the collision; conditions must be dangerous to avoid happening; the object condition to only hurt innocent people's legitimate rights and interests through third, the preservation of the state and public interests, the legitimate rights and interests of himself or others, the feasibility conditions to emergency only because you have to; the limitation to damage the legitimate rights and interests can not exceed the limits of necessity.
The imaginary necessity to behavior of people mistakenly believe that the risk does not exist, the implementation of the so-called " emergency". If the actor's subjective fault, to punish criminal negligence; no fault, according to the accident theory, may be excluded from the criminal responsibility.
The emergency exception limited to criminal law21Article3Section I: avoid risk, not suitable for office, business person who is charged with specific responsibility.
The excessive hedge to hedge the actor's subjective fault of the hedging behavior objectively exceeds the limits of necessity, not due to damage the legitimate rights and interests of.
The criminal responsibility of hedge - when the criminal law21Article2Paragraph: the excessive necessity, should be reduced or exempted from punishment.

32Penalty: Master, a mandatory national ruling class of punishment. Our punishment is mandatory for criminal law, court on behalf of the state for the crime and the specific mechanism of execution.
The essential difference to the penalty and the exploiting class national penalty of represent the will and interests of different class. The role in the social development of different. The struggle in different position in the same crime. The effectiveness of criminal behavior of different people.
The difference to the penalty and other compulsory measures of different severity; the different applicable objects; the application of different organs and procedures; the formulation and implementation of the different organs.
The purpose of penalty to countries to develop, apply and execution to achieve results. The purpose of our penalty is the prevention of crime, specifically the special prevention to countries through the application and execution of penalty, deprivation or restriction of the perpetrator of the crime prevention and criminal behavior ability again, again crime. Reflect and negative evaluation countries condemned the perpetrators of the crime and its behavior. The general prevention to countries through the development, application and execution of criminal punishments, specification, education law-abiding citizens, unstable molecules may alert the society, prevent them to embark on the road of crime. Special prevention and general prevention is a dialectical relation of unity of opposites, the two are closely combined, complement each other, the penalty formulation stage, to the general prevention, taking into account the special prevention; the stage of the penalty application, two equally; execution of penalty to special prevention, both general prevention.

33Total penalty method, penalty system: by criminal law and according to certain order. Our country's penalty is divided into:
The principal (Basic Law) to independently on the perpetrator can only, cannot attach the main penalty. Including control, criminal detention, fixed-term imprisonment, the death penalty.
The additional punishment (penalty) to supplement the principal penalty, penalty method can independently and additional applicable, attached to the application, can be used more than two. Including fines, deprivation of political rights, and confiscation of property; criminal aliens, also can be independent or additional deportation application.
The characteristics of China's criminal law system to meet the needs of the crime; the punishment with leniency, embodies the combination of punishment and education reform policy; the embodiment of socialist humanitarianism; the specialized organizations and the masses reflected by combining the fight against crime policy.

34Regulation: the lightest punishment, imprisonment, criminal acts, but limit the free punishment by public security organs, methods and supervision reform the masses. Control the period from the date of decision3More than a month2The following year, does not exceed the maximum punishment3Years before, the enforcement of judgments in custody1The time of day2Day. Criminals sentenced to public surveillance, executed by a public security organ.
The criminal law39A: the criminals sentenced to public surveillance shall, during execution: to abide by 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 the right to freedom; and according to the rules of the organ executing the report from the activities of the executive authorities to oneself; drawing regulations; leave in the city, county, or moved to, should be reported to the approval of the organ executing the. The criminal is sentenced to control, in the labor should be equal pay for equal work.
The criminal law55Article2Paragraph,56A: for the crime of endangering national security, sentenced to control additional deprivation of political rights, and the control period of deprivation of political rights shall be performed at the same time.
The criminal law40A: the criminals sentenced to control, the control period, the executing organ shall immediately to himself and his unit or residence crowds that deregulation. Additional deprivation of political rights, but also announced the resumption of political rights.

35Detention: short-term deprivation, crime of the personal freedom penalty method, by the public security organ in the vicinity of the education reform. Criminal detention sentence from the date of decision1- 6Months, the combined punishment for several crimes can not exceed the maximum1Years before, the enforcement of judgments in custody1The time of day1Day.
The detention and criminal detention of different to different legal nature of criminal law to criminal detention is a kind of punishment; criminal detention is one of compulsory measures of the criminal procedure law; the different applicable objects to criminal detention for criminals to judgment, criminal detention applicable to pending criminal or major criminal suspects; ③ application of different to criminal detention by the court for the organ, criminal detention by the public security, procuratorial organs apply; the suitable condition of different to criminal detention for criminals to crime when facts have been verified, and criminal detention, public security organs is a compulsory measures according to law in case of emergency temporary restrictions on criminal suspects or significant personal freedom. The term of criminal detention period for different ~1- 6For months, not more than1Years, criminal detention from the restriction of personal freedom to date, extending up to30Day.
The difference to the detention and prison term of different to a period of only long term, high starting point, large range of detention and. The different applicable objects to prison for crimes in the crime more serious criminals in crime, criminal detention for lighter. The implementation of different places to prison execution in prison or other executing place, criminal detention is to perform. The different legal consequences to prison after the implementation, in5Years of violation of criminal law, criminal recidivism; does not produce the consequences. The different treatment to convicted criminals in prison, deprivation and restriction of freedom of person who have the ability to work shall participate in unpaid labor, accepts education and reform; be criminal detention monthly home1To2Day, can be achieved certain labor remuneration.

36Are to be sentenced to deprivation, crime: a certain period of personal freedom. Penalty methods compulsory labor and education reform in prison or other executing place.
The period from the date of prison sentence for6More than a month15The following year, special circumstances can be raised to20Years. The execution of the judgment of first detention1The time of day1Day.
The combined punishment for several crimes, are to be sentenced to not more than the highest20Years;
The sentence commuted the sentence to15-20Years;
The life imprisonment sentence in prison for18-20Years.

37Life imprisonment: deprivation, crime free life, penalty method compulsory labor and education reform in prison or other executing place. And in prison difference to the different term. The different severity. The different applicable objects. The application of other provisions, sentenced to not necessarily of additional deprivation of political rights, advance detention period can be against the sentence; sentence to life imprisonment and deprivation of political rights, the problem does not exist in custody period to date.

38The death penalty, deprivation of crime: the life.
The criminal law48A: the death penalty criminals in the most serious offense. Should criminals sentenced to death, if immediate execution is not essential, but also declared with two years reprieve sentenced to death. The death penalty except for judgments made by the Supreme Court in accordance with the law, shall be submitted to the Supreme Court for approval. Death sentence with a reprieve, the high court decision or approved by the.
The criminal law49A: crime under the age of eighteen and trial women pregnant, do not apply the death penalty.
The court organization law13A: the death penalty cases by the Supreme Court in addition, shall be submitted to the Supreme Court for approval. Murder, rape, robbery, explosion and other serious harm public security and the social security death penalty cases of approval authority, the Supreme Court if necessary, authorize the province, autonomous region, municipality directly under the central government, senior court.
Suitable conditions to the death sentence with a reprieve of the death of sin; ② does not have to be executed immediately.
The reprieve expires processing ~ ① no intentional crime,2Years later commuted to life imprisonment; ② has major meritorious services,2Years later reduced to15-20Years in prison; ③ intentional crime is verified, by the Supreme Court approved nuclear execution; execution of probation2Years ruled that his former and new crime of late has not yet, not seen in the execution period of the implementation of the crime. Normal commutation to commit a crime shall be prosecuted the trial.
The reprieve during the calculation to the criminal law50A: Calculation of reprieve during the period from the date of the judgment. The death of a sentence to sentence, calculated from the date of the expiration of the two-year stay of execution.

39The judgment of the court, fine: crime person or unit to pay the penalty of a certain amount of money to the state, the criminal law52A: the amount of the fine shall be determined according to the circumstances of the crime.
The difference to fines and administrative penalty of different nature to fine is a penalty method, administrative penalty is an administrative penalty; the different applicable objects to fines for violating criminal law entity or natural person, fines for illegal administrative act; the application of different organs to slightly.
The penalty applicable way to the selection of fine to fine as alone can be applied or not applied selective legal punishment, not attached to the application; the single fine to fine only no choice of units applied singly; ③ fined ~ fine only and must be attached to the application, not only for the single or fined; to separate or additional applicable penalty.
The fine payment way ~ ① once or in installments; ② compulsory pay; ③ any recovered; the reduction or exemption of payment.

40Method: the penalty, deprivation of political rights deprives the crime behavior person to participate in the national management and political rights, as additional punishment alone or attached to the application.
The criminal law54A: deprivation of political rights is deprivation of the following rights: the right to vote and to be elected; ② speech, publication, assembly, association, parade, demonstration of the right to freedom; the rights of the position in state organs; the State-Owned Company, enterprise, institution or people's organization right.
The criminal law55A: deprivation of political rights period, unless this Law57The provisions, is1-5Years. For control of additional deprivation of political rights, and the control period of deprivation of political rights shall be performed at the same time.
The article56A: for the crime of endangering national security should additional deprivation of political rights; criminal intentional homicide, rape, arson, explosion, poisoning, robbery and other serious damage to social order, additional deprivation of political rights. Where deprivation of political rights in accordance with the provisions of this law.
The criminal law57A: who is sentenced to death, life imprisonment of criminals, shall be deprived of political rights for life. In the two-year stay of execution to fixed-term imprisonment or life imprisonment sentence, should put additional deprivation of political rights shall be changed to3-10Years.

41, confiscation of property: the offender's personal property of a part or all of the mandatory penalty free nationalized.
The difference to the confiscation of property and fines of different applicable objects to penalties applicable to the lesser corrupt crime, confiscation of property is applicable to endanger national security and other serious crimes; the content of different ~ fine deprivation is not a crime reality all the money, the confiscation of property is depriving the criminal reality all property (money or other possessions) of part or all of the execution of penalty; different to pay by installment and relief, the confiscation of property confiscated only once, not of installment payment and relief.
The application to the confiscation of property of fine or confiscation of property; (2 can be attached to the application) confiscation of property; and shall impose (additional applicable) confiscation of property.
The confiscation of property debt condition to criminal law60A: 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.

42Deportation of foreigners,: forced crime left Chinese country (edge) penalty method environment. The criminal law35A: to a foreigner who commits a crime, can be independent or additional deportation application.

43, the non penalty processing method: general term for court to the crime punishment than other processing methods.
The species to the imposed and ordered to make compensation for the economic loss; the sermon, ordered to make a statement of repentance and apology; administrative punishment or punishment by the Department in charge of the.
The suitable condition to the victim's economic loss must be the result of a criminal act; suitable object must be the crime shall be sentenced to punishment. The criminal law36Article2Paragraph: the criminals bear civil liability for compensation, and was sentenced to a fine, and the property is not sufficient to pay or be sentenced to confiscation of property, should bear the liability for civil compensation to the victim.

44, penalty (Liang Xing): Court of criminal behavior according to discretion decides the penalty or be exempted from punishment of criminal trial. Divided into:
The penalty legal circumstances to the criminal law of criminal discretion plot. The criminal law of our country stipulates the heavier, lighter, reduce, exempt from punishment four. The heavier, lighter standards to the crime fact, nature, circumstances and the degree of harm to society, in the legal punishment and range, decided sentenced to lighter or heavier punishment. The mitigation of punishment to below the legally prescribed punishment punishment. Divided into the law of mitigating circumstances and criminals do not have the statutory mitigating circumstances, but according to the circumstances of the case sentenced to the minimum statutory penalty is still too heavy, "approved" by the Supreme Court can be mitigated punishment. The exemption from punishment to the behavior constitutes a crime, shall be subject to criminal punishment, only because of a minor, without penalty or other exemption from punishment plot. The criminals guilty announcement, but exempted from criminal punishment. For the criminals exempted from punishment, can be applied to the non penalty method, to properly handle the various contradictions caused by the crime.
The penalty discretion discretionary circumstances to law does not expressly provided, by the court in accordance with the spirit of legislation and judicial practice, master plot. The "criminal law"63A, according to the special circumstances of the case, with the approval of the Supreme Court, can also be sentenced to below the legal punishment in the "criminal law"37A, for the crime are minor and do not require punishment, but punishment. Including extenuation, waiver plot. The common circumstances have crime motive, means, time, place, object, consistent performance of the perpetrator, pleaded guilty attitude after committing a crime.
Whether the penalty discretion to require content on the perpetrator sentenced to a punishment, sentenced to the punishment and the punishment, sentenced to punishment would be executed immediately.
The important significance of the penalty discretion to realize the task of criminal law; the important means to realize the purpose of penalty is an important way to carry out; the basic principles of criminal law and policy.
According to the principle of penalty discretion to criminal facts, find out the facts of the crime, to determine the nature of the crime, the crime plot analysis, to judge the severity of the crime; the criminal law as the criterion, according to the criminal law of the specific crime sentencing range, and the perpetrator of the crime to adapt penalty and sentence in accordance with the provisions of general principles of criminal law, criminal liability principle, decide on the crime shall be given a heavier, lighter, mitigated punishment or be exempted from punishment in accordance with the provisions of the general provisions of the criminal law; penalty method and system of the object and conditions, application method and system of punishment.

45, recidivism: because of the criminal offence and punishment, punishment is finished or pardoned crime, crime and crime people within the statutory time limit.
The general recidivism and sentenced to the punishment, punishment is finished or remit5Years, recidivism crime should be sentenced to a prison or more severe punishment. Parole and probation criminals, on parole or probation after expiration of the crime, not the recidivist.
The crime of endangering national security is to commit the crime of endangering national security received criminal punishment, criminal punishment is finished or remit any time and committed the crime.
Criminal responsibility to the recidivist criminal law65A: for the recidivist should be punished severely.

46, Surrender: on the basis of combining punishment with leniency system of penalty measurement principle, divided into:
The general surrender to voluntarily surrender after committing the crime the crime, truthfully confesses the crime behavior. Because of illness or to mitigate the consequences of the crime of crimes, commissioned the first generation to surrender or to surrender letter, should be regarded as voluntary surrender; the perpetrator voluntarily surrender after the escape, cannot recognize surrenders; the crime were retracted, cannot recognize surrenders, but a trial before the confession, shall be deemed to surrender.
The special voluntary surrender (quasi voluntary surrender or "surrender") to be coercive measures of criminal suspects, defendants and is serving a sentence, the confession of the judicial organ has not grasped myself other crimes act. If the same offence is truthful, can only be punished more leniently, the confession of the same crime heavier, should generally be lighter punishment.
The criminal responsibility to surrendering criminal law67Article2Paragraph: the culprit, be given a lighter or mitigated punishment. Among them, the lesser crime, can be exempted from punishment.

47, meritorious service:
The general crime to criminal law68Article1Paragraph: criminals expose others to crime behavior verified, or provide important clues and cracking of other cases performed meritorious service may be given a lighter or mitigated punishment;
The major meritorious service to criminals exposing other major crimes verified, or provide important clues to solving other major cases, or to prevent others from major criminal activities, or assist the judicial authorities arrested the suspect other great (including the accomplice), behavior or other major contributions to the state and society meritorious service the. The criminal law68Article2Paragraph: performs major meritorious services, can be reduced or exempted from punishment. Crime after the surrender and major meritorious services, shall be reduced or exempted from punishment.

48The combined punishment for several crimes, penalty system: with a committed several crimes.
Characteristics to the combined punishment for several crimes the precondition to a crime committed several crimes; conditions to the time for the same crime, before the judgment is pronounced, the number of crimes committed, or following the verdict, on probation, the probation period, in the execution of punishment and found leaks the crime, or of having committed a crime, should be the number of crimes under the criminal law provisions in accordance with the combined treatment; operation rules to the crime of conviction and sentencing of logarithm respectively, according the principle and calculation method for sentence, decided to implement the punishment.
The principle of graft ~ ① (add) and science principle to according to "the guilty must be punished, a crime penalty" principle of logarithmic sins were declared crime number sum of penalty, and execution; the absorption principle to logarithmic sins were declared after one of the most important penalty execution of punishment, the penalty is the most severe lighter the absorption, not to be executed; the limitative aggravation principle to logarithmic penalty to the crime were declared the most severe punishment based on certain, aggravated punishment execution, or in the number crime total sentence below, the maximum sentence above according to maximum limit prescribed decided to execute the penalty; the compromise (comprehensive) principle to logarithmic crime combined punishment and mining and science, absorption and limitative aggravation principle, applicable to different kinds of penal punishment.
The Chinese criminal law punishment principle to take the limitative aggravation principle, principle of combined punishment for several crimes and, absorption principle as supplement. Specifically, according to the "criminal law"69A: for the death penalty, life imprisonment by absorption principle, take "for additional punishment if the number of crime has a supplementary punishment is imposed, the supplementary punishment shall still be executed" and science principle, to control, criminal detention, fixed-term take the limitative aggravation principle. But the regulation can not exceed the maximum3Years, criminal detention penalty of not more than1Years, are to be sentenced to not more than the highest20Years. Firstly, after the judgment is pronounced, and reduced to, criminal law has not been completed before the discovery of criminals convicted before the verdict and other crimes have not been found to deal with crime judgment, judgment, and then with the original judgment together on the combined punishment for several crimes principle to determine the execution of punishment, punishment should have included. The first reduction and to declare the verdict, the criminal law is not before the execution, criminals sentenced to have committed a crime, to deal with the new criminal judgement, never execute penalty crime and executed together.

49Probation: don't perform, the conditions of the original penalty penalty application system.

The criminal probation to court sentenced to criminal detention,3Years in prison criminals, according to the circumstances of the crime and the performance of repentance that a stay of execution of the original judgment, does not further harm to society, in the test period, has not committed a crime, not discovered leaks the crime, not in violation of laws, administrative regulations or the public security departments on probation supervision regulations, the original penalty no longer execution system. A criminal whose sentence is suspended, if a supplementary punishment is imposed, the supplementary punishment shall still be executed.
The probation period to criminal law73A: the detention of the probation period for suspension or above1The following year, but it may not be less than2Month. In prison, the probation period for suspension or above5The following year, but it may not be less than1Years. Probation period, calculated from the date of the judgment.
The probation rules of conduct to criminal law75A: first, abide by the laws, administrative regulations, submit to supervision; according to the stipulation of the observing organ reporting his activities; to comply with the provisions on the observing organ; ④ leave live in city, county, or moved, approval shall be obtained from the investigation organ for approval.
The probation revocation to criminal law77A: a criminal whose sentence is suspended, discovered that before the judgment is pronounced, another crime during the probation period without judgment commits another crime or, should the revocation of probation, decide on the new crime or newly discovered crime, the crime before the crime and penalty, in accordance with this Law69The decision, execution of punishment. 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 regulations, if the circumstances are serious, shall revoke probation, the implementation of the original penalty.
The wartime probation to criminal law449A: in wartime, sentenced to3Years in prison have no real danger probation criminal soldiers, allowing it to redeem himself, has performed meritorious service, can cancel the original sentence, not to the crime.

50, execution of punishment: the implementation of court verdicts penalties determined by the judicial organ to the crime criminal justice activities. Annihilation of punishment to the criminal penalty is executed, the probation period, the death of criminal, super time, forgive and other legal reasons, the national penalty for certain crimes were annihilated.

51, commutation: sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment of criminals, the penalty execution period conscientiously observes prison regulations, and consciously accept the education reform, has to repent or meritorious performance, therefore appropriate to reduce the original penalty execution system. Sentence reduced to no period or in prison and a fine relief in accordance with the law, not the meaning of criminal law in our country on the commutation. Divided into:

The sentence could be to criminal law78Article1Paragraph: sentenced to public surveillance, criminal detention, fixed-term imprisonment, criminal, during execution, he conscientiously observes prison regulations, accepts education and reform, shows true repentance, or performs meritorious services, his sentence may be commuted;
The sentence shall be reduced to the criminal law78Article2Paragraph: the following major meritorious service of sentence, should be: ① to prevent others from major criminal activities; the report outside the prison in major criminal activities, can be verified; the invention or major technological innovation; in the daily production, life risk one's life for another; in resisting natural disaster or preventing major accidents, outstanding performance; the other major contributions to the state and society.
The commutation limit to criminal law78Article3Paragraph: commutation actual execution in prison, sentenced to public surveillance, detention, prison, not less than the term originally decided1/2; sentenced to life imprisonment, not less than10Years. Sentence reduced to no period or in prison after being commuted the sentence can not be less than the actual execution12Years.
The commutation process to the execution of punishment to the jurisdiction of the intermediate court a written proposal for commutation of punishment; the jurisdiction of the court accepts the commutation cases, shall review the executive authorities to declare material is complete, complete; the court accepts the commutation cases, shall form a collegial panel to conduct the trial, the true repentance or major meritorious service in fact, decide commutation of punishment. The commutation should arrive in time, before the service discovery commutation facts have access or criminal illegal, criminal behavior, may influence the commutation of sentence, should defer to declare, for reconsideration.

52, Parole: was sentenced to a period of imprisonment, criminal, in the execution of a sentence, shows true repentance, and will not cause further harm to society, but some additional conditions ahead of the release of the penal system.
The condition of parole to the object is sentenced to life imprisonment and must not or recidivism and for murder, explosion, robbery, rape, kidnapping and other crimes of violence was found out10Years or more in prison, life imprisonment sentence; the constraints to be sentenced to prison, must execute the original judgment sentence1/2The above; was sentenced to life imprisonment, the actual execution10Years or above. If special circumstances exist, with the approval of the Supreme Court, be not subject to the restrictions relating to the term executed. The essential condition to the criminals must conscientiously observes prison regulations, accepts education and reform, true repentance, and will not cause further harm to society.
The probation period to sentenced to probation period has not been completed sentence of life imprisonment; the probation period for10Years.
The parolee behavior rules to criminal law84A: is declared crime, parole shall be as follows: to abide by the laws, administrative regulations, submit to supervision; ② in accordance with the provisions of the supervising organ reporting his activities; to comply with the provisions of the supervising organ; ④ leave live in city, county, or moved, it shall be submitted to the supervision and approval.
The parole revocation ~ ① parolees in test period and new crime or that there are leaks the crime, shall parole revocation, the before and after the two crime penalty, and according to the first reduction, the combined punishment for several crimes. The parole violations of law in the trial period, administrative regulations or the State Council, the Public Security Department of the parole supervision, does not constitute a new crime, should be in accordance with the statutory procedures for parole revocation, and committed to prison, not completed the execution of punishment.

53Limitation of criminal law: the legal system, the provisions of the criminal law of the country to criminals criminal prosecution and criminal law enforcement effectively in a given period of time. Include.
The valid period of limitation of prosecution to the provisions of the criminal law on the crime of criminal responsibility. In addition to the special provisions, in excess of the statutory period for prosecution, not to prosecute the criminals, should have a prosecution, revocation, or not to prosecute, or termination of the trial.
The provisions of the execution limitation to our country has no execution time.
The provisions of the period for prosecution to our criminal law, criminal prosecution by the following period no longer: the maximum statutory penalty of not more than5Years in prison, after5The maximum statutory penalty for years5-10Years in prison, after10The maximum statutory penalty for years10Years or more in prison, after15Years; the maximum statutory penalty is life imprisonment or death, after20Years. If more than20Years later must be prosecuted, be submitted to the Supreme Court approval.
The prosecution phase calculation to "criminal law"89A: the criminal prosecution, calculated from the date of the crime; the criminal act is of a continuous or continuing state, calculated from the date of the end of crime. Here the "date of crime" refers to the date of the establishment of "crime, crime refers to the date of the end of" continuous crime last date of crime, continued state make a date to the end of the. The limitation interrupt ~ the prosecution period, due to the legal provisions for the aging has been through the void, the prosecution limitation from the legal provisions of the date of recalculation. "Criminal law"89A: during a limitation period and the period for prosecution before the crime, crime of accessory after the date of the crime.
The limitation of prosecution to during the limitation of prosecution, due to legal reasons, the indefinite extension of the period for prosecution system. "Criminal law"88A: in the procuratorate, the public security organs, state security organs or in court cases, escape accountability, not prosecuted limitation. After the victim brings a charge period, the judicial organ shall not be prosecuted the case, the time limit.

54Forgiveness: the state, declare a part or all of the legal system of prosecution or exempt from punishment for a crime. Divided into:
The amnesty to the unspecified crimes amnesty.
The amnesty to the specific criminal acts of forgiveness.
The difference between amnesty and pardon:

The amnesty is forgiveness of certain specific types of crime or not, the object is not a specific crime; Amnesty pardon particular crime. The amnesty may be exempted from punishment and criminal prosecution, may apply to court determined before and after determining; Amnesty only exempt from punishment, can only be implemented in court judgment. The amnesty is for punishment and forgiveness, amnesty for punishment not only forgiveness. The amnesty after crime is no longer a recidivist, the amnesty after crime with recidivism conditions, the recidivist.
The amnesty system to our country according to the constitution of our country has often decided by the National People's Congress, the President issued an amnesty to implement. From the1959-1975Years, China has been carried out7Time amnesty.