General provisions of criminal law review outline (according to the scope of abridged)


The basic principle of criminal law

The third section is equal principle
The principle of equality and the use of the principle of equality before the law, also known as,China's constitution stipulates, "any organizations or individuals must abide by the Constitution and the law", "not to be beyond the Constitution and legal privileges", "all activities that violate the Constitution and laws, must be investigated"

The fourth section proportionality
Proportionate punishment to crimes, also known as the principle of suiting punishment to crime
A felony, misdemeanor penalty light punishment, punishment commensurate with the crime, penalty according to the severity of the penalty, "should be with crime criminal responsibility and commitment to adapt."

Effect of criminal law

The first section outlines the scope of validity of criminal law
Spatial (location, people), time (force, failure, retroactive effect)

Effect of section second of criminal law in space

Effect of the criminal law of our country space

The territorial jurisdiction of the criminal law:

China's criminal law sixth paragraph first: "anyone who commits a crime in the territory of the people's Republic of China, except when otherwise stipulated by law, the law is applicable to."
   China's criminal law sixth paragraph second: "anyone who commits a crime in the people's Republic of China aboard a ship or aircraft, this law is also applicable to."
   China's criminal law sixth provisions of the third paragraph: "the criminal act or consequence takes place within the people's Republic of China, is considered a crime in the territory of the people's Republic of china."
Airspace, territorial land, inland waters is the space above, it is only in the air space, not including the outer space. According to the international practice, national sovereignty and territory except outside, also in the "fiction territory". Preparation of territory, is a hypothesis generated in order to solve the problem from the legal jurisdiction, so the only legal fiction, but not the real territory. The territory consists of ships and aircraft, but also some of the past called "floating territory". (a state within a state: the embassy or consulate)
   China's criminal law of personal jurisdiction:
   "Criminal law" article seventh, paragraph two of the first
   Protection of our country criminal jurisdiction:
   "Criminal law" article eighth, paragraph two or three of the first
   Application of universal jurisdiction in criminal law of China:
   Article ninth of the criminal law revised rules: "the provisions of the international treaties concluded or acceded to by the people's Republic of China, the crime, the people's Republic of China in the scope of the treaty obligations to exercise criminal jurisdiction, applicable law."

The third section time validity of criminal law

Concept: the time effect, refers to the criminal law in force and effect of the termination of time and the criminal law on it before the commencement of the act is retroactive.

The new criminal law: shall enter into force as of October 1, 1997

Retroactivity of criminal law, also called the validity of criminal law of the retroactivity of criminal law, refers to a new future, can be applied to the effect of previous without trial or sentencing undefined behavior. If applicable, new criminal laws is retroactive; otherwise, there is no retroactive effect.

    In today's world, most is to adopt the doctrine of.

   Article twelfth of the criminal law. The second paragraph revised, increased "before the implementation of this law, in accordance with the law has made the effective judgment, shall remain in force".

The objective elements of crime

Overview of the objective elements of crime
Concept: the objective requisites of crime, refers to the provisions of the criminal law, infringement of certain social relations and the objective facts must constitute a crime.

The second section harmful behavior
1 concepts: the constitution of the crime of dangerous act, refers to the criminal law expressly prohibited, express one's consciousness and will harm the social body movement or words.

Words:  
2 as, is the behavior of the implementation of the criminal law prohibited the positive activities.
Not as, is the behavior of negative does not fulfill certain obligations behavior. Omission needs three conditions: duty, have the ability, harm.

The fourth section causality

1 concepts: refers to the internal relations of harm behavior caused some damage results.
Characteristics of criminal law:
Objective: a causal relationship exists between the causal relationship is not to people's subjective will as the shift, the subjective motives of people does not affect the determination of causality.
Specific causal relationship exists
The sequence of the formation of causal relations
The complexity of causal connection
Diversity of causal relation form: is there a causal relationship may not be investigated for criminal responsibility, for example the curse death does not constitute a homicide, causing serious consequences, will insult

The eighth chapterThe main elements of crime

1 subject of crime concept: the legal age, have the capacity of criminal responsibility, the implementation of the natural person or legal person serious harm the social behavior or other units.

2 natural person crime subject
Criminal behavior capacity constraints: the full 14 under 18; has not completely lost the ability to identify and control the mental patient; deaf and dumb people; blind

3 the age of criminal responsibility: usually refers to the provisions of the criminal law, act on their own implementation of the serious harm the social behavior must reach the age for criminal responsibility.

China's criminal law take on the age of criminal responsibility is the "four parts", i.e. the age of criminal responsibility is absolutely no responsibility (under 14 years of age, but their parents or guardian shall be ordered to discipline, when necessary, can also be taken in by the government), the relative responsibility (the full 14 years of age, under 16 years of age, to murder, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, poisoning crime, shall bear criminal responsibility), fully responsible (full 16 years of age), lenient responsibility (the full 14 years of age, under 18 years of age, should be lighter or mitigated punishment plexus the four period).

4 criminal responsibility: refers to the act of understanding the nature of their actions, meaning, function and effects, and can control their behavior direction and bear criminal responsibility for their own behavior ability.

China's criminal law provisions of the first paragraph: Eighteenth mental patient harm results in time when he is unable to recognize or control his own conduct, upon verification and confirmation through legal procedure, he shall not bear criminal responsibility

Article 18 paragraph second: intermittent when he is in a normal mental crime, criminal responsibility shall be borne.
The third paragraph: mental patient who has not completely lost the ability to recognize or control the crime, he shall bear criminal responsibility, but may be given a lighter or mitigated punishment.

Eighteenth the provisions of the fourth paragraph: an intoxicated person who commits a crime, he shall bear criminal responsibility.

Rule nineteenth: deaf and mute or blind person who commits a crime, shall be given a mitigated punishment or be exempted from punishment.

The second section subject of unit crime

1 concepts:

The subject of unit crime, has the capacity of criminal responsibility, the implementation of the criminal law stipulated the units can constitute crime companies, enterprises, institutions, groups and organs. In its internal structure, capacity of criminal responsibility of unit, unit has two components, the most basic.

2 of our unit crime legislation  Article thirty-first of the criminal law provides specific punishment shall be investigated for criminal responsibility of the unit, which is "a crime committed by a unit, the unit is to be fined, and the persons directly in charge and other directly responsible personnel penalty. The provisions of this Law and other laws provide otherwise, in accordance with the provisions." The criminal law of our country basically is the implementation of the double penalty system.

The ninth chapterSubjective elements of crime
Subjective elements of crime concept: the subjective element of crime, refers to the behavior of the main provisions of the criminal law, the harm behavior and harm society has already or may cause the mental attitude.

The second section of intentional crime
1 concepts: criminal intent, refers to the act of knowing that your behavior will cause socially dangerous consequences, and wishes or allows such results mental attitude.

2 characteristics:
In the understanding of factors, must be "knowing that their actions would entail harmful consequences to society"
In the will factor, have to harm the social result to "Hope", "laissez faire" attitude

3 statutory classification:

Direct intent: knowing that their actions would entail harmful consequences to society, and hope that the mental state

Indirect intentional: knowing that their actions would entail harmful consequences to society, and let this result psychological state

In order to pursue a kind of harm results occur, leaving another harm result.
In order to pursue a legitimate interests, and let another harm result.
The implementation of risk behavior in emergencies, reckless neglect harmful consequences.

The third section of criminal motivation and purpose
The criminal purpose, is the act of hope through the implementation of harm behavior to achieve some specific harm as a result of the psychological desire.

The fourth section of criminal negligence

1 concepts: the negligence of crime, is refers to the behavior person should have foreseen that his behavior may cause socially dangerous consequences, because negligence and do not foresee, or have already foreseen but believe can avoid psychological state.

2 characteristics:
In the understanding of factors, must be on the harmful consequences to society "should foresee foresaw" or ""
In the will factor, must be seen as a "careless" or "gullible"

3 statutory classification:
Negligence: should have foreseen that his behavior may cause socially dangerous consequences, because negligence and did not foresee the mental state.
Overconfident negligence: is already and brought their actions may entail harmful consequences to society, trust can be able to avoid the psychological state.

Similarities and differences between the 4 are overconfident negligence and indirect intention
The same point: foresaw the possibility harm
A keen not to harm the mental attitude
Different points: Degree: overconfident negligence has larger probability; indirect intention is a kind of "knowing"
     The result: overconfident negligence does not want to happen, and actively seek to avoid the result goes against the original intention; indirect intention is not hope, but indulge harm results occur
In action: the confidence to take action to stop; indirect intentional laissez faire

Mistake fifth

1 concepts: the error of cognition in the criminal law, refers to intentional or negligent act on their own behavior in the understanding deviation in the legal evaluation and implementation status.

Mistake 2 of behavior evaluation (mistake of law): refers to the behavior of people for their own behavior legal nature and the legal consequences of human cognition deviation.
Specifically manifested in two cases:

A. understanding of the behavior of crime of error: the non crime mistaken for crime or crime mistaken for non crime.

B. on the behavior of punishment mistake: act has constituted a crime on their behavior in the need to know and how specific error penalty punishment. Usually mistaken for heavy or light by heavy to light.

Fact error conditions of 2: refers to the behavior of people for their own behavior in fact characteristics influence the understanding deviation of constitution of crime.


Classification of the following:

Error A. object behavior understanding. Usually mistaken a to B, therefore, also known as the target recognition error. Divided into different kinds of objects recognition errors and different kinds of object recognition error.

B. means (tool) understanding mistake: that behavior in the crime, but its use or careful selection of tools can not achieve the intent to commit the crime.

Mistake C. causality: the recognition errors specific harm result that behavior has on the behavior and facts on their own whether a causal link.

Decriminalization act

The first section decriminalization act overview

Concept: the elimination of criminality, refers to a behavior while with the objective behavior on a specific crime, but because of the act itself is conducive to the interests of society, has no harm to the society, or as a result of lack of subjective behavior, does not have the subjective risk, therefore, the criminal law stipulated explicitly however, the drag crime case.

The second section of self-defense

1 concepts: the justifiable defense is to protect national, public interest, the person himself or herself or others, property and other rights from being infringed, and the infringement people through personal means to fight back, to stop the illegal infringement on behavior. The article twentieth of the criminal law clearly stipulates: "in order to enable countries, the public interest, the person himself or herself or others, property and other rights from being infringed, and to the suppression of unlawful infringement behavior, causes harm to the unlawful infringer, is justifiable defence, and he shall not bear criminal responsibility.
"
2 conditions:

The justifiable defense must be implemented as to protect the lawful rights and interests of (the opposite: provocation defense: refers to the behavior person to provoke others through their offensive, then to self-defense as counter)
The justifiable defense must be unlawful infringement in order to implement the
The justifiable defense must be an ongoing unlawful infringement in order to implement (the opposite: imaginary defense and the defense is not timely)
The justifiable defense must be for illegal violate oneself to implement (the opposite: the innocent)
The justifiable defense must be not significantly exceed the limits of necessity (the opposite: excessive defense)

3 excessive defense and its criminal responsibility:

Excessive defense standards: the concrete analysis of concrete conditions of justifiable defense, but people can not be too high. The criminal law also stipulates: "the ongoing assault, murder, robbery, rape, kidnapping and other serious violent crimes endangering personal safety, to take defensive actions, against illegal caused casualties, it is not undue defence, and he shall not bear criminal responsibility."

Forms of sin: careless, too confident, indirect intent

The punishment principle of self-defense when: according to criminal law, "shall be reduced or exempted from punishment".

The third section emergency

1 concepts: the emergency is to protect the country, the public interest, the person himself or herself or others, property and other rights from danger, is by default actions to take another small damage to the legitimate interests of the.
The interests of a party's loss caused by the party to bear civil liability.

2 conditions:

Emergency must be in order to protect the legitimate interests to;

Emergency must be targeted to the actual existence of imaginary necessity; for, shall be in accordance with the understanding erroneous principles to deal with, the fault negligence theory, no fault to accident theory.

Emergency must be targeted to taking place of

Emergency can only be carried out in no other elimination method in the case of (but the criminal law of our country stipulates: "I am about to avoid dangerous provisions, do not apply to the office, business with specific responsibility person)
Emergency must not exceed the limits of necessity (standard is caused by the damage of hedging behavior, must be less than the protection of interests, and cannot be greater than or equal to the protection of the interests of the.

3 object conditions: only the legitimate interests of the third party

4 excessive necessity and its criminal responsibility:
Fault: should be identified to sin nature of negligence
The principle of punishment: it's criminal liability is shall bear criminal responsibility, but should be reduced or exempted from punishment. But if the damage is not out of the hedge of wrongdoing, but due to irresistible or unforeseeable, which should be punished by accident, should not be investigated for criminal responsibility.

Comparison of 5 emergency and justifiable defense

The emergency of self-defense  

The same point subjective purpose of legitimacy, in order to defend the country society or others, my personal and property interests
Objective effect is beneficial: good for society

The legal attributes are valid
   
Hazard source of human behavior; natural disaster; illegal invasion animal can only come from the people  
Behavior objects for legal interests of the third party infringement people I
  
Under the condition behavior condition but not affected by this restriction 

The legitimate rights and interests of damage degree requirements of different emergency damage must be less than the protected as long as no more than necessary limits, allowing equal to or greater than the violation
  
The main requirements of different behavior is not suitable for official business person who is charged with specific responsibility everyone is free to implement, and for positions in a specific responsibility, business people must implement justifiable defense

The fourth section accident

1 concepts: incident refers to behavior has caused damage results in an objective, but not the intent or negligence, but due to irresistible or unforeseeable causes.


2 characteristics:
Behavior has caused some damage results in the objective;
The damage is due to irresistible or unforeseeable causes, namely behavior does not exist in the subjective intent or negligence.

3 accidents and negligence has some similarities, which is reflected in the:
The actor in the subjective are not aware of their behavior may damage or harm the social result;

The behavior of both the objective has been to society caused some damage or harm result.

The essential difference lies in: to unexpected events, the perpetrator of the damage is not foreseen, and should not, could not have foreseen; while for negligence, the perpetrator of the harm result is not foreseen, but should see, is also able to foresee.

The eleventh chapterIntent crime

The first section intent crime overview

1 concepts: intentional crime form, also known as crime, crime stop shape, refers to the state crime several appear in intentional crime in the evolution of different, namely the preparatory crime, attempted crime, crime and discontinuation of a crime.

2 forms of crime according to the completed crime can be divided into two categories, namely the complete form of crime (crime) and unaccomplished crime (crime, suspend, reserve)

3 criminal negligence does not exist unaccomplished formation; indirect intentional crime, most people also believe that there is no crime unfinished state.

4 stages of crime, namely crime development process, is divided by the subjective and objective law of the development of different contents of intentional crime in the process of contiguous, and progressive passages, into the crime preparation and practice stage of crime.

The second section accomplished crime


1 concepts: the accomplished offence, is a crime refers to the behavior person intentionally has all the elements of criminal law provisions of the constitution of crime, which has reached the completion of crime form.

2 types of:
Results except for the crime, refers to a crime regulated by the criminal law, but also need to have the legal crime result, can constitute the accomplished crime. Result made to specific results as a sign of crime. Such as the crime of intentional homicide, robbery, etc.
Behavioral offense refers to the crime occurs, regardless of whether or not, as long as the implementation of a crime stipulated in criminal law, which constitute accomplished crime. Such as the crime of false accusation
Dangerous crime, refers to as long as the implementation of the serious enough to harm results occur some dangerous behavior of the criminal law, which constitute accomplished crime. If serious harmful result has not yet occurred also constitute a crime.

The third section preparation for a crime

1 concepts: the provisions of the first paragraph of article twenty-second of the criminal law: in order to crime, preparation tools, manufacturing conditions, is the preparation for a crime.

2 characteristics:
People have been preparing activities crime
Preparation is carried out in the started the crime before, and started the crime had to stop
Preparatory action to stop the embarked on crime, for reasons other than the will of the people

3 punishment:
The preparatory crime can be accomplished crime shall lighter, mitigated punishment or be exempted from punishment, but for individual preparatory crime circumstances are particularly bad, serious, dangerous, can not be a lighter, mitigated or exempted from punishment.

The fourth section attempted crime

1 concepts: the attempt of crime, the criminal law of our country the twenty-third paragraph first: has already begun to crime, due to reasons other than the criminals will not succeed, is attempted crime.

2 characteristics:
Has already begun to crime, refers to the elements of the acts constitute a specific crime regulated by the criminal law has been implemented
(how to determine whether to implement actions must be: actual contact or close to the object of crime; action must be damaged or threats; the object of the crime act can directly cause harm; Results Act must be, in the crime will dominated and can reflect the criminal will.)
Unfinished crime refers to the crime, failed to complete all requirements of a specific crime
Unfinished crime is due to reasons other than the will of the criminal element (the cause of the accident was expected to crime, criminals to commit a crime in the way, even if it was forced to stop crime)

3 classification:
The crime termination and not as the standard, can be divided into the completed attempt and not the completed attempt.
To actually constitute accomplished as the standard, can be divided into criminal attempt and impossibility (superstitious offense does not belong to not crime, its behavior without social harmfulness, does not constitute a crime)


4 punishment:
Article twenty-third of the criminal law provisions in the second paragraph: for attempted offense, can be accomplished crime shall be given a lighter or mitigated punishment.

The fifth day suspension of crime

1 concepts: twenty-fourth of criminal law provisions of the first paragraph: in the criminal process, gave up the crime or automatically and effectively prevent the result of crime, discontinuation of a crime refers to.

Established in 2 conditions: must be to stop the crime in the criminal process; behavior of the stop must be for themselves will.

3 punishment:
Article twenty-fourth of the criminal law provisions in the second paragraph: for the discontinuance of crime, no damage is caused, be exempted from punishment; damage is caused, be given a mitigated punishment.

The twelfth chapterCommon crime

Overview of common crime

1 concepts: the provisions of the first paragraph of article twenty-fifth of the criminal law: a joint crime is an intentional crime committed by two or more persons jointly.


2 elements:
Object: the object of joint crime is the crime of each joint offender common point.
The objective aspect of crime: more than two people in a common purpose is under the control of, is the inner link between the crime jointly implemented, this is the objective basis of joint crime shall bear criminal responsibility.
The subject of joint crime: must be more than two people. "People" here may be a natural person, also can be the unit.

A condition of criminal responsibility by another deficiency of criminal responsibility of crime, is called the indirect principal offender, is a separate crime

The subjective aspects of crime: deliberately must have a common crime, which is more than two people have the same understanding in the common criminal acts (aware of their own is not isolated crime, to understand the nature and consequences of behavior on the basis of common crime), hold the hope or laissez faire attitude which will cause harm to society will results.

The second day limit of joint crime

Several cases of 1 does not constitute complicity:

The act of joint negligence of over two people, cause a harm results, if it constitutes a crime, shall be punished separately, does not constitute a crime.

Intentional crime and negligent crime combination, form the same crime.

An intentional crime, the other party without the intention of committing caused some damage results.

More than two people at the same time in the same place intentional crime, but their subjective intention and objective behavior had no relation to the.

Create one using other crimes of intentional crimes, successively, two people in a certain link objectively but subjectively has no common intention.


More than two people in the common intent crime, some beyond the scope of the joint crime intention, separately carried out another crime, other common criminals do not assume liability of joint crime.

After hiding, without prior collusion shield, receiving stolen goods, the behavior of. (non causal)

2 on the "one-sided accomplice" problem

The one-sided accomplice, also known as the common crime one, is a symmetric full of common crime, refers to a party that the other party is committed and involved in the crime, but the crime on the other side to know nothing at all the case.

In section third, the form of common crime

1 take the common crime can arbitrarily form as the standard, can be divided into arbitrary joint crime and joint crime

Any common crime criminal law: one person alone can perform in the crime, crime is implemented jointly by two or more people.

Necessary joint crime into polymeric necessary joint crime (including criminal gangs and crime. Features: the number of participants of more than three people; in general have primary molecules together, planning, command) and the necessity of joint crime (with the relative behavior between the joint crime of crime)


2 according to the joint criminal intention formation time standard

Premeditated joint crime: joint crime of joint intention is formed in the starting to commit a crime before, namely in the preparatory crime, common crime of the planning and negotiation of crime.


Non premeditated joint crime: joint crime in started the crime or the crime in the form of temporary joint criminal intention.


3 to have no division of labor as the standard: simple accomplice; complex accomplices

Between 4 in the common crime has no (Yan Mi) organization as the standard

Common crime: more than two people do not have the common crime strict organization.

Jointly organized crime (crime group, features: more than three people; has the certain organization, stability and criminal purpose)

The fourth section joint crime types

The 1 Principal: organization, leads a criminal group in carrying out criminal activities or play a principal role in a joint crime, are the main culprits.

2 the coerced offender: refers to the criminals in crime is not voluntary, namely from the will factor, is in the bullying and force, the weak fault and participated in criminal activities.

3 the instigator

Article twenty-ninth of the criminal law: who instigates others to commit a crime, shall be punished according to the role he plays in a joint crime. Instigates a person under the age of eighteen crimes, shall be given a heavier punishment.
           If the instigated person does not commit the instigated crime, the instigator, may be given a lighter or mitigated punishment.

An abettor conditions:
There must be abetting abetting crime, or cause others to commit acts of resolution, abetting behavior content must be abetting the crime, that crime should be specific, definite, if the general abstract no specific content is not called instigation;
Abetting behavior and should be a causal relationship between the instigated crime behavior;
Abetting behavior must be positive as;

The instigated person must have reached the age of criminal responsibility, criminal responsibility, or form of indirect principal offender

The thirteenth chapterThe number of crimes determine

1 determine the number of crimes standard:
Subjectivism standard said: is the subjective sin as the cognizance of the crime number standard. Can be divided into criminal intention and objective criteria that the standard.
Objectivism standard said: is based on the objective elements of human behavior as the cognizance of the crime number standard. Can be divided into the behavior standard and object standard.
The standard of criminal constitution says: the number of the constitution of crime as the standard to determine the crime of one complex.

The second section type of a crime

A. A single crime

1 purely a crime: refers to the criminal law on the provisions for the crime constitutes a crime.

A crime 2 choices: refers to the Penal Code stipulates some independent constitutive elements of crime, can be composed of one or more crime a crime.
Penalty crime, a choice of a crime penalty.

Two. One crime in nature: refers to the number of crime has some characteristics, but the substance belongs to a crime situation.

1 the imaginative joinder of offenses


Features: the actor in the subjective in a deliberate crime; in fact only one behavior; this behavior also violates several charges.

For the punishment of imaginative jointer of offenses, in accordance with the "from the heavier one.".

2 the aggregated consequential offense: refers to meet a specific criminal acts constitute crime, the form of the legal provisions of the more serious consequences and aggravating the punishment.

The aggravated consequential offence in general by the basic crime and aggravated consequence of two parts. The basic crime refers to the crime person's basic crime has meet certain crimes in specific provisions of criminal law in the constitution. The aggravated consequence is caused by the crime behavior of human harm result is beyond the scope of basic crime constitution, but in accordance with the provisions of the law on the aggravated punishment.

Only intentional crimes before the establishment of the imaginative joinder of offenses, the basic crime is criminal negligence does not constitute the imaginative joinder of offenses.

In the specified range, the aggravated consequence can be intentional crime, can also be negligent crime; the aggravated consequence crime provided above is only intent.


3 continue to make: also known as continuous crime, a crime and lawlessness in the continuing crime state not pause in a certain period of crime.

Feature: the perpetrators of a crime;

Crime and lawlessness and continue; (illegal status refers to the crime object continues to suffer from after the termination condition.)

Crime and lawlessness to certain period;

Behavior continued against the same object.


Case analysis: a stolen B color TV and use, B found after use violence to recapture; C illegal detention Ding, Ding family found after use violence to rescue the ding. Asked whether the family behaviour of B and D self-defense?
Explanation: a stolen TV, their criminal behavior has been terminated, but illegal status (illegal possession, use of property of others) to continue; and third unlawful detention crime and lawlessness (illegal restriction of personal freedom of others) exist at the same time, the latter due to the former to continue. So the Ding family behavior should be recognized as legitimate defense.

Three statutory one crime

1 combination of crime
Features: with committed sin must be a number of independent crime;
     A number of different original sin together into new crime;
     A number of original sin are combined into a new crime must be in accordance with the provisions of the criminal code.
If a crime is a criminal constitutive elements of crime (such as robbery homicide murder is murder robbery means or objective elements), don't think we can make a plurality of evaluation for the same crime.

2 repeat offenders repeated: refers to a criminal in a long time, or in some crimes as ordinary industry or in the proceeds of crime as a source of life or wasteful, and become the crime behavior.
Feature: the act has constituted a crime; objective to a certain time repeated the same crime; subjective intentional crime has repeatedly and continuously.

Four. Break a sin

1 continuous offence
Features: the number of behavior independence and continuity, the behavior of the implementation of a number of behavior or several implementation of the same behavior, each acts constitute a crime and has independent, objective and subjective sense of continuity;
     Based on the same number of behavior or general intent;
     Several violates the same charges;

The 2 implicated offense: refers to investigate a crime for the purpose of the crime, crime and the act of offend other charges.
Features: constitute implicated must have more than two, and must have more than two constitutive elements of crime. The objective behavior and behavior (such as burglary and assault) or objective behavior and the behavior (such as the manufacture and sale of fake and shoddy goods caused deaths);
The number of behavior of implicated offense must be violated the criminal law on the different charges;
Constitute implicated, the same as the number in the subjective behavior with the criminal purpose, the number in the objective behavior must be a relationship.

Case: three stole a computer and ready to fence, asked whether the behavior of implicated offense?

Explanation: in Criminal Law refers to the crime of stolen goods others to help criminals selling stolen goods to obtain illegal income, while criminals his stolen goods associated with no theft, not implicated offense, nor does it constitute crime of disposal of stolen goods.
Some crimes are implicated offense or crime, is to grasp the relationship between the implicated crime, the key lies in the implicated crime constitution. For example: fake seal, documents and fraud is involved (the former is the necessary means for the latter); and the theft of firearms and ammunition and robbery is the crime relationship.
Implicated offense "from a felony" principle.

3 the absorbable offense
Features: crime is a relationship between the number of; absorption behaviors, such as heavy conduct absorbs the light behavior; behavior from the main absorption behavior.
Implicated offense can be regarded as a kind of absorbable offense.

The third series theory of punishment

The seventeenth chapterPenalty system

1 concepts: the sum of the penalty system is provided by the criminal law and penalty arranged in some order.

Our country criminal law 2 stipulation, punishments are divided into principal and supplementary punishments two. Principal: control, criminal detention, fixed-term imprisonment, the death penalty. The additional penalty: fines, deprivation of political rights, and confiscation of property.
In addition, to a foreigner who commits a crime, according to the provisions of Article 35 of the criminal law of our country, can be applied in an independent or supplementary deported.

Second mainPunishment

Principal can only be applied independently, can not be attached to the application; a crime can only be applicable to a punishment.
The main provisions of the criminal law: control, criminal detention, fixed-term imprisonment, the death penalty.

2 control: the criminal not in jail, but limit its freedom, the people's court, under the public security organs control and supervision by the masses, in the original unit or residence of participates in the collective productive labor or work, to transform the penalty.
* China's three characteristics: control, death with reprieve, commutation of punishment
Properties: the penalty of restraining freedom
Object: applicable to the offence is a minor one, does not require criminal custody
Executive authority: public security organs.
Duration: 3 months or more than 2 years of combined punishment for several crimes, not more than 3 years. The execution of the judgment before detention, detention of 1 days to be shortened by 2 days.
* criminals sentenced to public surveillance, in labor should get equal pay for equal work

3: the criminal detention term of deprivation of liberty, criminal law method to implement labor transformation.
Properties: punishment of deprivation of Liberty
Object: crime is lighter, but still need to implement the temporary detention of criminal reform
Duration: 1 months or 6 months, cumulative punishment cannot exceed 1 years
The implementation of the place: the people's court, by the public security organ nearby in the local jail execution reform through labor; monthly home 1 to 2 days, can consider to participate in labor remuneration.

4 sentence: the criminal deprivation of certain period of the free, the penalty method of forced labor transformation.
Object: in prison for crimes is relatively serious offenders
The implementation of the place: sentenced to criminal, general of the prison or other work places, who have the ability to work will be forced labor reform free.
The legal consequences: prison can be a recidivist, recidivist and detention without
Duration: 6 months above, the following 15 years, the combined punishment for several crimes can not be more than 20 years.

5 life imprisonment of criminals: deprivation of life free, the penalty method of forced labor transformation.
Properties: the most severe punishment of deprivation of Liberty
Execution place: a criminal element sentenced to life imprisonment, the prison or other place place of reform through labour, who have labor ability, reform through labour.

6 concepts: criminal law method of death penalty deprive criminals of life, is the most severe punishment of the criminal law system in our country.

The application range of the A. strictly controlling death penalty
The provisions of Article 48 of criminal law: the death penalty criminals in the most serious offense
Restrictive provisions of Article 49 of the criminal law on the crime applicable to death penalty subject: when he committed the crime under the age of 18 and trial of pregnant women, the application of the death penalty.

B. strict procedure: the provisions of Article 48 of criminal law: the death penalty except for judgments made by the Supreme People's court in accordance with the law, should be submitted to the approval of the Supreme People's court.

C. provides the death sentence with a reprieve system

Death concept: criminals sentenced to death but need not be executed immediately announced at the same time, can be suspended for 2 years system sentenced to death

Penalty execution:
In the period of suspension of execution of death penalty, if not intentional crime, after the expiration of 2 years to life imprisonment.
In the period of suspension of execution of death penalty, if there are major meritorious service, after a period of 2 years reduced to 15 years more than 20 years in prison.
In the period of suspension of execution of death penalty, if the intentional crime, verification, approval by the Supreme People's court execution.