In 1997, "criminal law" new charges featured

In 1979 the new Chinese enacted the first criminal law, a country even in the absence of "penal code" the case management society in 30 years, not only in China is unprecedented in the history, but also rare in the history of the world. The Chinese law system from the Warring States period "after", "Qin" to later "Ming Dynasty law", "Qing law", has been the "model law", the so-called "tag", "the law will be punished". The Chinese law system become an independent school, and India law, Rome law, Anglo American law system is composed of four big legal systems in the world "". The Korean Peninsula, the islands of Japan, the Indochina Peninsula and Burma and other countries in the "Chinese law". In 1979 the new China first "penal code" is not from "Chinese legal system", also not from "civil law" or "common law", but from the legal history of the world, almost no contribution to "the law", and left a pile of strange. China greatly in 1997 into the international society gradually cleared, "Russian law" impression ", referring to the Chinese legal system" and "Rome law", has established a although not perfect but has been gradually standardized "penal code". Chinese "penal code" normalization ", from the beginning to the Soviet Union" start.

1, the crime of endangering national security -- the replaced the "Russian law" and "counter revolutionary crime", so the political (revolution) body that is located in the national (sovereignty). In this way, a "vicious attack the great leader is extremely close comrade in arms" that "disrespectful" and "counter revolutionary crime" will no longer exist, "political prisoners" only endanger national security rather than criticizing the state leaders and party leaders may occur. The crime of endangering national security instead of anti revolution, also makes the "patriotism" in the criminal law protection, vassal state will no longer become a political revolution.

2, the crime of illegal business crime -- instead of the "Russian law" play the market "crime", the state gradually relaxed controls on private economy. Of course, this crime has not finally abolish, have led to the "market economy" said of an aged person. If China abolished the crime of illegal business operation, for any business activities more through the industrial and commercial registration, tax collection, damage control, and that is the standard "market countries".

3, stir up trouble Crime -- the "Russian law" instead of "hooliganism", although the "pocket crime", but is not speak in detail with respect to that of "hooliganism" has great progress. However, as long as it did not ultimately abolished, so the public security case criminal is inevitable. The normal state should not cannot quantify the defiance and affray crime, for malicious disorderly conduct, shall be accomplished by administrative punishment.

Separated 4, given the statutory crime -- from the original "rape", this is a huge setback legislation, obviously not conducive to the protection of the young girl. In all developed countries, adult and young girl sex will commit the crime of rape and other felonies (known in the UK as "the crime of unlawful sexual intercourse", the maximum sentence of life in prison). Chinese young young girl crime should be abolished, incorporated into the crime of rape or single "illegal sex crime".

5, the crime of abducting and trafficking in women and children from the original "-- this crime is the crime of trafficking in persons" development, this is a huge setback legislation, obviously not conducive to the protection of over eighteen year old man. "The United Nations Convention against transnational organized crime prevention, suppress and Punish Trafficking of women and children in particular protocol" Supplementary requirements against all acts of trafficking in human beings, every country will sell, human trafficking as a crime, but our country law will only women and children trafficked as crime, trafficking in adult men only column "the crime of illegal detention". Chinese shall restore the crime of trafficking in persons, extended to the protection of the population.

6, the crime of breach of privilege -- this crime is the new charges, the original criminal law only "be forgetful of one's duties crime". If say "be forgetful of one's duties crime" is to should be not as for, so should not be considered as random as. The crime of breach of privilege in criminal law, it is a return to the Chinese legal system, but also on the official Prudential requirements. According to Shen does not harm, Shang Yang's point of view, breach of privilege is greater than the harm to be forgetful of one's duties, it will directly against the legitimate rights of others.

7, the defenders hamper sins testify -- this crime is the new charges of criminal law, the original "perjury lawyer" does not include the legislation in the world, only China will advocate (attorney) included in the penalty of perjury. Not the abolition of the charges, will cause the defender cannot normal investigation and normal defense, thus destroying the balance.

8, a huge amount of property crimes -- the unknown source or origin from the crime of corruption, is a kind of soft on corruption officer pleaded not guilty. Huge amount of property of unknown source or origin crime case of the starting point is 300000 yuan, and 300000 yuan in the crime of embezzlement to sentenced to death. This is because developed countries have strict property declaration system, our country has no official property declaration system, which makes it become the embezzler an indulgence pleaded not guilty.