The sixth chapter crimes of property violation

A property crime, law

(a) ownership

(two) the legal right of possession

Refers to the legal right of possession, such as a real right of pledge, mortgage, lease. The legal right of possession in criminal law violations of property rights is the core of the object. The vast majority of property crime and "possession" relationship. Possession refers to a kind of reality to own and control.

Legal possession and ownership are all protected by criminal law, when the conflict legal possession and ownership, possession right is prior to the ownership of the.

(three) the illegal possession of interest

Illegal possession of interest, that requires recovery status through legal procedures. But when the possession and no ownership or the right reasonable against reason, with respect to the right to recover the right behavior, is not the property crime law benefit.

Two, the behavior object

(a) property

Property, which has value and management of the possibility of goods. Property crime object includes the following properties: (1) physical things and no substance; (2) valuable and has only a "subjective value"; (3) movable and immovable property; (4) the contraband; (5) and (6) human sacrifices; physical isolate; (7) debt certificates: Certificate claims itself as material (paper, card), has the property attribute, but as the value is low, does not deserve the protection of criminal law. CDO is reflected in the value of the claims recorded thereon. If the loss of credit certificate means the certificate records of property loss, the certificate should be protected in accordance with the property, not the property interests, such as Treasury bills. On the contrary, the loss of creditor's rights, does not mean the loss of wealth, is not in accordance with the property to be protected, such as the theft of credit card itself, does not constitute the crime of theft, only use the credit card act only to violations of the criminal law for the protection of property rights is worth.

(two) the interest of property

The interest of property, refers to the ordinary property outside the interests of property, such as the burden to others some kind of debt or make others from their own debt.

The first day of violence, coercion crime

One, the crime of robbery

(a) behavior

 

Human behavior

The victim's free

Property

 

                  Compulsory    To resist state      Using this condition

 

The overall understanding of the 1 act structure, said

 

People use coercive methods, the victim is not the state of resistance, people use this behavior to hold destruction, establish new relationship holds. It is in accordance with the behavior of people's imagination, the force method is used to destroy the holding means.

2, force behavior

(1) the direct violence: direct holders of violence is not limited to the property of the object, have the right to dispose of property of the people and other obstacles to robbing people use violence, also do not affect the establishment of the crime of robbery.

(2) the compulsory but can produce indirect effect on people: for example, the victim will be locked in the house; destruction of property makes the victim scared to resist. However, if the victim is locked in the house, but fell asleep and then, people can not constitute robbery, only constitute theft.

(3) stress: the intangible force. To human life or health hazard for the content, with the realization of violence on the spot.

(4) the other victim method cannot resist: other victim method can not resist, namely stress and violence, and similar enough to quell the rebellion, the victim behavior, such as charmed, hemp turn, also contains drunk way.

3, enough to make the victim can not resist

Violence and intimidation to achieve enough level so that the victim can not resist, and the victim's resistance ability is not the same, so the "victim" is the ordinary people. But if the behavioral person when knowing the victim is as timid as a mouse, take mild violence in objectively to suppress the revolt of victims, also set up the crime of robbery.

4, get property or property of others held on the illegal interests

First, obtains the way including criminals take as well as the victim himself. Second, to obtain the object including illegal interests, such as forcing the victim to write an IOU, is in accordance with the robbery to handle. Third, the behavior must be         . The indirect benefit is not included, such as forced others to busk, from booking profits, is not in accordance with the robbery to handle.

(two) the legal punishment upgraded conditions

1, the "household robbery"

Refers to the relative isolation and into the lives of others for the implementation of robbery and outside home, including an enclosed yard, nomad tents, fishermen as family living space, the boat house rent for living are acts of robbery. For a burglary, is found and on the spot the use of violence or threats of violence, shall be deemed as the robbery of housebreaking.

"Home" is the purpose, which is to        And into the. "Into the" refers to two aspects: first, the body into indoor. Second.         Place indoors. "Family" is a family life contents of the family home, so robbery college dormitories, hotels, temporary work shed is common robbery.

2, "robbery in public transportation vehicles"

Both engaged in various bus passenger transport, large, medium-sized taxi, train, ship, airplane maneuver of public transportation in operation on passengers, ticket, the flight attendants robbery, including mobile public transportation to run way to intercept, the implementation of public transport personnel the robbery.

Public transport itself indicates that it is not a specific person can use. The taxi only contains large and medium-sized taxi, does not contain a small taxi.

Transportation must be flexible, must be a mechanical force, does not contain the natural force, so robbery manpower vehicle can not be identified as a robbery in public transportation vehicles, no motor device robbery sailing is not considered robbery in public transportation vehicles.

The core is the violence in public transportation, has nothing to do with the public security.

3, "rob the bank or other financial institutions"

The robbery of a bank or other financial institutions, refers to the robbery of a bank or other financial institutions operating funds, securities and customer funds, does not contain the bank's common property. The bank robbery also contains a robbery armored cars, specifically refers to the robbery                If only, grab the car, only the establishment of common robbery.

4, "gun robbery"

Refers to the act of using guns or revealed to the victim to hold, wear the guns of marauding behavior. The scope and concept of "guns", for "gun control law" of the people's Republic of china. "Hold" refers to the use of firearms, display. If a person does not use guns, guns to the victim is not displayed, not the establishment of armed robbery. "gun" refers to the real, does not contain a fake gun. With the simulation gun to rob, only to set up common robbery, but shall not be considered armed robbery.

5, "repeated robbery or large amount of"

Committing robbery repeatedly refers to the robbery 3 times. For the "times" that, each time the robbery to the perpetrators are already constitute a crime as the premise, considering the criminal intention, criminal acts of the time, place and other factors, objective analysis, determination. For the behavior based on an intent to commit the crime, such as in the same place at the same time, the more robbery; or the same offense to the same location based on continuous robbery crime; or in a crime of a residential building in several households continuous implementation of household robbery in general, shall be deemed a crime.

6, "robbery causing serious injury, death"

Belongs to the robbery's erfolgsqualifizierte Delikte, causing serious injury, death, including both intention, also contains errors. But the robbery and death or there must be a direct causal relationship between the injured.

7, "posing as police officers"

8, "robbing military materials or disaster, disaster relief, relief materials"

Here to pay attention to the subjective and objective consistent requirements, namely the behavior people should know their robbery is the military supplies or disaster, disaster relief, relief supplies in the robbery, or that may be military supplies or disaster, disaster relief, relief materials. If a person doesn't recognize, thought robbery is the common property, rob to the later found to be military supplies, only in accordance with the ordinary robbery to handle.

When the number of statutory sentence upgraded conditions at the same time meet, belong to the overlap of articles of law, choose a suitable.

(three) identified accomplished robbery

Robbery is a violation of property crime, should be understood as the behavior control the property as the standard of accomplishment. But in the judicial practice to conduct causing the victim to light damage or take property is accomplished, namely robbery two accomplished standard. Think of robbery crime violated the two object: first, personal rights. Second, property rights. These two rights are violated constitutes a robbery.

(four) the legal fiction -- the crime of transformed robbery

1, after the robbery

According to the provisions of article 269th of the criminal law, crime of theft,           , robbery, for booty, resist arrest or destroy criminal evidence and on the spot the use of violence or threats of violence, in accordance with the provisions of the crime of robbery conviction and punishment. This kind of situation in the criminal law theory called robbery or quasi robbery.

(1) the implementation of theft, fraud, snatch crime. Refers to the intention and behavior people have committed theft, fraud, the crime of seizing (act).

First, was found in the preparation stage of theft, to escape and violent, not to robbery. Second, the obvious petty behavior in any case can not be converted into robbery, intentional behavior because the person has not committed the crime of theft.

(2) the use of violence or violent stress in order to conceal booty, resist arrest or destroy criminal evidence. Destruction of evidence needs to pay attention, is the annihilation to former crime evidence, of course, refers to the theft, fraud, snatch crime evidence. If the behavior of people in the process of implementation of theft, fraud, snatch, was found to have not yet obtained the property, in order to illegally acquired property, and the use of violence or threats of violence, shall be directly identified as robbery, not transformed crime.

(3) uses violence on the spot or the threat of violence.

On the spot: first, place, time adhesion adhesion. Still others in pursuit of "on the spot", but not "half-way encounter on the spot". Second, the use of violence or violent intimidation: fairly and robbery, is sufficient to suppress the rebellion. On the spot the use of violence or violent phase stress, according to the robbery, if captured the hearts of hemp turn, will not be able to translate. Third, use object contains subjective imagination on the holder or to protect hold third people. Such as mistake accomplice was tracking and violence, but also to robbery.

2, "carrying weapons snatch, convicted and punished for robbery"

(1) the murder weapon, refers to the property or use, enough to kill others artifacts. The weapon consists of weapon and usage properties on the murder weapon. Common items when destruction will have identified as a weapon, is an in-depth analysis of the problem. If the item is often carry a common people life, and have a strong sense of danger to people generally don't, it should not be recognized as a weapon. If the glasses legs can be used to attack, but wearing glasses to rob, not the crime of robbery.

(2) carrying, refers to the outside in daily life or residential living places, some items in the vicinity of the body or on the side, will act under the reality of. The actor has the possibility to use the weapon, otherwise, can not be identified as snatching with lethal weapon.

(3) need to act with the murder weapon consciousness. With lethal weapon is a unity of the subjective and the objective behavior, the behavior person has a ready to use consciousness. Ready to use consciousness should include two types: one is behavior person to use in the snatch before carrying the goods; the two is the behavior for other purposes may be used for killing others carry items at the scene, aware of their carrying weapon and implementation of seizing behavior. On the contrary, if the behavioral person not to crime and carry certain items, snatch no ready to use consciousness, is not suitable for "criminal law" the second paragraph 267th.

(4) the act of seizing with lethal weapon, in resisting arrest and the use of weapon damage caused by others, only "criminal law" the second paragraph 267th, no longer apply "criminal law" article 269th.

Two, the crime of blackmail and impose exactions on

(a) the concept and composition of blackmail and impose exactions on Crime

Blackmail and impose exactions on crime, refers to the behavior of people for the purpose of illegal possession, intimidation to force the other defective mean based representation, to deliver the property or dispose of the property benefit, a relatively large amount of behavior. The basic structure of the crime of blackmail and impose exactions on is: -- the other psychological fear -- fear each other based on the disposal of property -- behavior person or third people to obtain property -- the victim suffers property loss for others to implement threat.

Behavior person threatening content is illegal, if the exercise of their rights, it has legitimacy. But if the disclosure of each other with their independent crime by asking for money, but also set up this crime.

(two) the difference between blackmail and impose exactions on crime and fraud

In general, fabricates false "evil" threat to the victim, if behavior lies in the people themselves as "evil" a party is established, blackmail and impose exactions on crime; if people act as problem solvers, to solve the "evil" as an excuse to cheat money, set up the crime of fraud.

Subject practice:

1 "criminal law" article 269th has made the stipulation to the transformed robbery, which of the following statements is not applicable to the rules?

A. a burglary, was the Master Lee find and pursue, a kitchen knife into the Lee, took care to his chest, Lee said: "you don't come, my courage is very small. "Then, turn window escape

B. B rob Wang's property, Wang to let dogs chasing B. B to escape, killing dogs

C. C cheat other people's property, just ready to leave the scene, fraud is found. The victim after C. Cornered propylene pulled out knife from the body, into his arms, and the victim said: "you'll catch, I'll die before you. "The victim see C blood DC, be stupefied. C quickly fled the scene

D. in a cafe theft and to escape, by management to find. Ding to stop to catch up, lift bar the door kettle, boiling water poured on to the body, and then fled the scene

2, about the robbery, the following statement is correct:

A, a to b ring and the killing of B, wallet was found in the removal of the ring, be removed. A set of robbery and the crime of Embezzlement

B, a to b ring and the killing of B, in the ring after a week, to destroy the body to the murder scene, found the wallet and take. A set of robbery and the crime of Embezzlement

C, a to B robbery after fleeing the scene, occasionally C enemy before met in the escape route, then the killing, the armor to intentional homicide and robbery crimes

D, a second two people carrying out common robbery C, because of differences of opinion to kill each other, resulting in serious injuries, two people set up robbery causing serious injury

3, about the crime of blackmail and impose exactions on judgment, which of the following statements is true?

A. Jia Wang after the killing, and Wang was kidnapped on the grounds, to his family and asked for money. In addition to constitute a crime of intentional homicide, also constitute blackmail and impose exactions on crime and crime of fraud of the imaginative joinder of offenses

B. hotel boss B to cola Duishui posing as wine sales, to the actual consumption of dozens of Yuan Lee for thousands of yuan. Lee is not from a, B called the clerk carries on the beat, causing the forced to give the money to the B. B acts constitute the crime of robbery and the crime of blackmail and impose exactions on non

C. staff C company was dismissed, require companies to pay 100000 yuan compensation, otherwise the company trade secrets sold to other companies to use. The act constitutes a crime of blackmail and impose exactions on C

D. Ding Weimou seek improper interests to the national staff Liu 100000 yuan. Obtain improper benefits, Ding to denounce phase coerce, asked Liu to return the 100000 yuan. Liu worry accused, return to Ding 100000 yuan. The Ding behavior should be to bribery and blackmail and impose exactions on crime be punished

4, which of the following situations can be established robbery causing death?

A. a winter night robbery Wang property, in order to suppress Wang against the stab into severely wounded and take money left after. Three hours later, Wang was frozen to death

B. B rob women a high property, passers-by have a man to stop, B using homemade gun powder will have a shot

C. C and a greeting to rob a strict property, a strict screaming for help and intense revolt. C stabbed a strict, strict a Dodge, C will he stabbed to death

D. Ding theft Qiu family belongings ready to drive away by Qiu found, qiumou stood in front of the car to stop Ding Ding left, drove Qiu killed after the escape

The second section steal, cheat the property crime

One, the crime of theft

(a) definition of theft and condition

Theft is the illegal possession for the purpose of theft, possession of a large amount of property, or for many times stealing behavior.

1, the stolen objects

Must be in possession of others (control) property, including tangible and intangible things. "Stealing credit card and using it, also constitute the crime of theft. For the purpose of making profits, stealing others' communication lines, copying other people's telecommunications code or number or that are stolen, copied telecom equipment, facilities and use, in order to larceny. Theft of invoices, set up the crime of theft.

2, burglary

Theft is the use of non violent coercion to the exclusion of others on controlling property, establishing new domination relationship.

3, the purpose of theft

Theft is the illegal possession of large amounts of property for the purpose of,That isAccording to the economic use and use, dispose of property.If not for the purpose of illegal possession, may constitute other crimes.

4, "the use of" the crime of theft

The illegal use of for the purpose, without the consent of the owner or occupier license theft of property, has lost the specific value after using discarded or returned behavior. It has been recognized in the judicial practice of our country, such as the Supreme Court judicial interpretation, to practice driving, recreation and other purposes, steal a motor vehicle not to discard and loss, theft crime according to treatment.

(two) determined the amount of theft, calculation

1, goods

The goods           The calculation of larcenous amount stolen goods, if the amount exceeds the actual value, to         Calculation.

2, the document of title

If the nominal amount of title certificate, and can immediately to cash, the par value and the availability of interest calculation amount of theft; theft of bills of exchange, stock, check, as long as the above par amount determination, can deliver a timely manner, written on the face how much money is much, the amount of theft. Other documents, mainly refers to the deposit and remittance. According to the judicial interpretation, if the face amount stolen bank passbook determination, and can deliver a timely manner, to determine the amount of theft at par value. If not timely cash, but cash by cheating the bank clerk can, according to             To deal with.

3, credit card, invoice

"Stealing credit card and using it, constitute the crime of theft, burglary amount according to the actual amount of consumption of stealing and using credit card. Theft invoices can also constitute the crime of theft, amount to invoice number, such as the theft of 25 invoices, belong to the larger amount, constitute the crime of theft.

(three) the larceny hands and accomplished standard

1, to

Only when the theft has immediate danger to others lost property, is the start of theft. In pickpocket, should be based on the behavior of human hands or tools to contact with outside pocket victim actually wallet or cash to begin; to invade the unguarded warehouses or no tenants of housing, began to invade when it is started; if the building there are people, from entering the building, looking for property to begin.

2, accomplished

Only when the crime control property is theft, crime, the so-called control. But when the victim's loss to dispose of objects, you should think criminals have control.

Two, the crime of fraud

1, the concept of the crime of fraud

Fraud refers to the behavior person to conceal the truth, concoctive fact, make or mistake and punishment based on the property, behavior person or other person so get property, the fool disposes the intention to achieve the purpose of property did not realize the situation.

2, the object of the crime of fraud

The object of the crime of swindling includes property, including property interests.

3, the crime of fraud behavior

Fraud is fraud. Cheating in various ways, can be both verbal deception, also can be the text, image deceptive; can move to deceive express, can also move deception implied. Cheating itself can be as, can also be not as. But fraud is not as established, the actor has the obligation to inform.

4, the difference between fraud and theft

(1) fraud must have the appropriate dupe

The victim must be cheating                     People cheat, so children, mental patients (not to dispose of property rights) or machine (there can be no mistake, fraud) can not be established, the establishment of crime of theft.

(2) deceit made dupe into mistake was to dispose of property

If the victim is not because of being cheated and make a mistake and dispose of the property, the behavior is not set up the crime of fraud. Disposal of property refers to the property transfer is behavior person or the third party (made). The disposition of the property is the direct delivery of debt relief, the establishment of claims, etc..Sanctions include a complete transfer of ownership in reality, transfer and possession.

(3) the fool disposes of property must have consciousness disposition

That is aware of their own has a certain property is transferred to the behavior person or third party, but does not require the value and quantity of goods are fully aware of the.

5, the tripartite fraud

Fraud is usually only the perpetrator and the victim. The victim and the cheated person is the same person. If the victim and deceived people and not the same person, the fraud was known as the "triangle fraud". Triangle fraud deceived people still need to have the property rights disposition or may dispose of the property in the position, or human behavior cannot be established the crime of fraud, the indirect principal offender and the establishment of the crime of theft. Judging by a right and disposal status, need to study various factors: (1) or whether the victim's general authorization. (2) or whether it belongs to the camp; victim belongs to the injured party, the behavior of people constitute fraud; fraud deceived people belong to a party, people set up the crime of theft. (3) or whether the possession of property or auxiliary possessor. The authority or status not only the legal authority and status, also including the fact that authority and status.

Subject practice:

1, the A in the supermarket by sales do not pay attention to the machine, packaging, open different price liquor replacement goods, 5 bottles of high value of "Wuliangye" wine into the relatively low price of "rum" packaging box, in the supermarket desk over a small amount of cash to the cashier B, get higher value the property, whether the establishment of crime of fraud?

2, A will be about to the restaurant, that need to borrow a victim's mobile phone. The victim will be mobile phone to A, the behavior people pretend to call, that the signal is not good, while "call", one side to the restaurant, and then took the opportunity to escape. A is a fraud?

3, the pet hospital B found feeding dogs in the sun on the grass, C care will deceive ourselves hospital said: "Yi Jia gave me his dog to hit precautionary needle, you go to the grass to take her to." C: act according to a requirement, a day the dog sold to others. A is able to set up the crime of fraud?

4, C in a shopping mall, several bags of instant noodles secretly removed from a box of instant noodles, and a camera placed in the instant noodles box, then take the instant noodles box payment, the clerk found no instant noodles box camera, only a box of instant noodles.

5, Ding found a book for the crime of fraud victims "inquiry" book with a stamp, claiming that the book reading, the victim did not realize the book clip with precious stamps circumstances, will lend books to ding. Ding the stamps for it, return it to the victim.

6, a woman in a bar support, and men in online chat, about to meet a bar, during the period of high consumption and the man. A woman is a fraud?

7, B employed as a nanny for others to take care of the child one three years old, while the owner to work, luring children to the bridge, the children dressed as a beggar, begging passers, and children begging income back their own. B constitute what crime?

The third section embezzlement, destruction of property crime

One, the crime of Embezzlement

(a) overview of Embezzlement

The crime of embezzlement, refers to the custody of property of others illegally have been accounted for, the larger amount, refusing to return, or to other people's forgotten or buried property illegally have been accounted for, the larger amount, refused to hand over behavior.

The occupation of the object: (1) the depository, in fact or law on property of others with force; (2) the forgotten things, namely the left lost; (3) buried, buried in the ground, all of them are unknown or the State shall all things.

(two) the difference between theft and Embezzlement

The essential difference between theft and embezzlement crime is judged as the object of crime whether the property from the possession and who plays, behavior may not in fact occupy the theft of their property on their own, in fact has possession of the property can only be set up the crime of embezzlement. Possession refers to the fact that domination (and illegal possession purpose of possession is not the same concept), including not only the physical dominate range, but also includes the social conception can infer controlling property of state. Specifically:

1, the use of residential, vehicle control on the property

For example, others within the residential property, the car, even if others completely forget its existence, also belong to the possession of the property of others. Moreover, visitors to the park pool throwing coins, which belongs to the park managers in possession of the property. And as the owner of the house, even after the trip, by others the keepers of the house, but house property still owned by the owner of the house, not occupied by the keeper; at best is an assistant keeper.

2, the living habit of the dominant

Although the property in fact dominate others outside the realm of existence, but can be seen is dominated by others in fact state, also belong to the possession of the property of others. For example, bicycle park in front of the others, even if not locked, should also be considered by the possession of others. Now, hanging on the doors, windows, any property of others, by the possession of others. Park in the vehicles on the road by the owner or the parking possession.

3, the animal has depended on animal behaviour

The master raised, with back ability or habit of pets, no matter where, all should be recognized as owner occupied.

4, has shifted, the original possessor shall lose possession

For example, hotel room pajamas, slippers, occupied by the owner of the hotel; even if the actor will pajama wearing the pajamas, also by the hotel owner occupied, not occupied by the behavior. Similarly, the clothes in the shop, the customer to try, but also by the owner or the possession, not by the customer share. Also, B carrying their package to a house, shall decide the packet from the B share, not a possession. The owner of the house leased to B living, but agreed B shall not transfer, the use of the wardrobe of property, should think the wardrobe property belonging to the owner a possession, instead of B share.

5, the common management of property cases, the possession in criminal law usually belong to the

Even lower in fact holds the property or to dominate the property, in fact, is just a simple eye or possession of helper. Therefore, the lower their illegal all purpose to take property based on the establishment of the crime of theft. However, if the upper and lower highly trust relation, the lower was awarded the degree of punishment right, should recognize the person of possession, the arbitrary punishment of property, can't constitute the crime of theft, and constituted the crime of embezzlement or crime of duty encroachment.

Two, the crime of intentional destruction of property

The crime of intentional destruction of property act to destroy, damage to property, loss of original utility behavior. "Destroy", such as a painting people tear up the abandoned. "Damage" is the damage property use function, such as the mobile phone is placed in the water to make it short circuit. "Cause property loss would have the effect", a wide range, the loss of all property originally utility behavior are included, is not limited to property itself by physical injury.

Subject practice:

1, a and B are travelling in a train. Train in a station only 2 minutes, but a cheat B said: "the station parking 12 minutes", B for gospel truth, out shopping. B just get off, the train departure. Armour instantly B property transferred to another car, then get off at the next stop after carrying abscond. A behavior constitute what crime?

A. fraud        B. embezzlement

C. theft             D. vandalism

2, a watering the flowers in the 8 floor balcony, accidentally will Jin Zhuozi (value 30000 yuan) thrown downstairs. Armour instantly let son stared in the upstairs, he ran downstairs to pick up the bracelet. Pass by here B saw a golden bracelet on the ground, who thought it was accidentally lost, in a prior to the arrival of pick up the bracelet quickly fled the scene. A multi query to find B, but B deny picked up gold bracelet. B behavior constitute what crime?

A. theft        B. embezzlement

C. robbery             D. does not constitute a crime

3, a to B the use of violence, for the disabled. B hurriedly took out his mobile phone to alarm, a grabbed the mobile phone into the pocket and B seriously wounded. A at five kilometers away from the scene, the mobile phone into the ditch b value 7000 yuan. A behavior constitute what crime?

A. the crime of intentional injury, theft

B. the crime of intentional injury, robbery

C. the crime of intentional injury, robbery   

D. the crime of intentional injury, intentional destruction of property crimes

The seventh chapter of obstructing the administration of public order crime

One, the crime of disrupting public order

(a) the crime of obstruction of official business

1, the behavior object: must be             Personnel. State organ personnel does not include institution national staff, including law enforcement career staff personnel administrative duties in the. Do not include personnel living in China foreign civil servants, Army soldiers, if obstacles in performing their duties, will hinder the military duty crime.

2, the content of the act: hinders the performance of duty behavior functionaries of a state organ legal. Here the "legitimate", not only refers to the fact and legal, legitimate form. To hinder the illegal behavior, not set up this crime. The establishment of a common crime of obstruction of official business, the behavior must by violence, coercion hinders the performance of duty, but does not require objectively impeding effect. To prevent the state security organs, the public security organs in performing a task for state security according to law, does not require the use of violence, coercion method, but requires serious consequences.

3, the subjective aspect: deliberately, knowing is the staff of state organs is exercising its authority and obstruct. If the behavior of people mistakenly think that the legal duty behavior of the staff of state organs is illegal, and the use of violence, coercion means to hinder, belongs to the fact error, lack of deliberately obstructing public business, does not constitute a crime.

4, obstruction of official crime number

Obstruction of official acts, if a crime or other means the establishment of implicated offense, in principle, should be a felony punishable. Criminal law has special provisions, in accordance with the special provisions. In the criminal law and the judicial interpretation, the following are expressly situation:

(1) obstruction of official crime and the crime of smuggling, producing and selling shoddy goods crime, illegal hunting, killing of rare, endangered wild animal sin the implementation of combined punishment for several crimes; (2) in smuggling, trafficking, transporting, crime of manufacturing narcotics, organizing other persons border crime, carrying people to secretly cross the national boundary border crime of obstruction of official, nuisance their behavior become aggravated the crime punishment condition.

(two) try every trick to mislead the public crime (279th)

(three) forged, altered, the sale of official documents, certificates, seals

Violations of the object is the official documents, certificates, seals of public credit. The behavioral object is documents, certificates and seals. Documents, must have the expression of awareness or concept. If only the forged document format, in the end, is not this time, constitute the crime. The seal includes seal (stamp), and seal (stamp imprint shadow which presents in the paper on the object image). Behavior is the implementation of forged or altered, the trading behavior. The implementation of the above acts, will constitute a crime.

(four) the organization, leadership, to participate in the organization with underworld society nature

According to the interpretation of the Standing Committee of the NPC legislation, there are four standard defining the underworld property organization: (1) the organization: the criminal organization is relatively stable, the number, there are clear organizer, leader, basically fixed backbone members; (2) the economy: organized to obtain economic benefits through illegal crime activities or other means, has a certain economic strength, to support the activities of the organization; (3) criminal: by violence, threat or other means, organized many illegal and criminal activities, do evil, or pressure, harming the masses; (4) control: through the implementation of the illegal and criminal activities, or the use of shield state functionaries or connivance, dominate the party, in a certain area or industry, forming an illegal control or significant influence, serious damage to the economy, social order.

The organization, leadership, to participate in the organization with underworld society nature, and the nature of the crime of the underworld organization and implementation of the other, it should be combined punishment.

(five) the promiscuous crime (301st)

(six) the crime of gambling

The object of this crime is the social customs and social management order. Gambling is accidentally or gambling and gambling behavior to property. Gambling industry, refers to the act of gambling by income as the main source of income, not including those engaged in such as reception service in the casino business. Belongs to the criminal law in professional crime. Subjective aspect is, and must have the purpose of profit, not the purpose of gambling does not constitute a crime for profit.

Chinese casino on the outside, if you are in China in the field of periphery, in order to attract Chinese citizens as the main source, is according to our country criminal law should be investigated.

Set a trap to lure others gambling, using deceit method to get the money, because the outcome does not depend on chance, do not meet the gambling characteristic, should decide the crime of fraud.

Two, crime of obstruction of Justice

(a) the evidence of crime

The difference between the evidence of crime:

Charge	Time and space conditions	Subject	Behavior
Perjury	Criminal action	The witness (including         ), identification, record, translation	False proof, identification, recording, translation
The defenders and agents ad litem, destruction of evidence, false evidence, prejudice to testify the crime	Criminal action	The defender, agent ad litem (not limited to lawyers)	(1) destroy or falsify evidence (2) to help the parties destroy or falsify evidence (3) the threat, seducing witness to change of perjury
The crime of obstruction of evidence	All types of litigation or litigation before	The general subject	A witness from giving testimony or instigates others to commit perjury
Help destroy, crime of fabricating evidence	All types of litigation or litigation before	The general subject	Help (to) the parties destroy or falsify evidence

 

(two) harboring, shielding crime

1, the behavior object is "criminals", including the actual crime, including being held judicial organs as the criminal suspects, defendants. But according to the special provisions of article 362nd of the criminal law, also constitute the crime of non criminal object: if the hotel industry, catering services, rental cars and other units of the staff, the public security organs investigated prostitution activities, for prostitution send news secretly, if the circumstances are serious, shall be punished by the crime.

2, the content of harboring and covering behavior. As the criminal make-up, to guide him, provide shelter for him or to provide property belong to hide. Here to help is not the accomplice of help, even if not intend to escape criminal behavior, but will people drunk crime to the field, also belongs to "help them escape". Harboring only one kind of situation, is false proof, cover up the crime, including the crime of pretending.

3, this crime and the crime of harboring drug ("criminal law" article 349th), shield, connive ("criminal law" article 294th), the crime of helping criminals escape punishment ("criminal law" article 417th) the relationship between general law and special law,                  .

(three) to conceal, conceal the proceeds of crime, the proceeds of crime

1, the behavior object is obtained by crime in the crime of property and the gains. The proceeds of crime, refers to the proceeds of crime booty, also is through the property crime. Instrument of crime is not the proceeds of crime. The proceeds of crime, refers to the use of the proceeds of crime booty benefits.

2 the difference between this crime and the accomplice, lies in whether the perpetrator in the crime of intentional participation, if participation deliberately in this before committing the crime, shall be determined as the crime. Such as a that B entrusted property possession C, B and a conspiracy of the property sold to others, two people constituted the crime of embezzlement accomplice. The accomplished offence of participation, constituted to conceal, conceal the proceeds of crime, the proceeds of crime. If B is illegal to dispose of their own possession of the property of others, a knowingly buy, is not the accomplice, the establishment of booty crime.

3, the natural person, the unit can constitute the crime.

(four) escape

1, is the subject of the behavior in accordance with the law             The criminal, the criminal suspect or the defendant. An innocent person is wrongly or wrong grasp, if it is because the judicial error, the escape behavior should not constitute a crime of escape; if the judiciary in held that compliance with the statutory procedures and substantive conditions, are held legally, detained criminals, defendants, suspects even itself is not guilty, the escape behavior constitutes crime of escape.

2, the objective is to escape, is away from the regulatory authorities to control, escape from the place of custody. No limit out of the way, can be peaceful, can also take the violence coercion, can be as a way out of control, can also be not as a way to refuse to accept the supervision according to law, such as leave prisons, deliberately not return on time prison escape, also established.

Three, obstruction of the country (border) environmental management crime

(a) organize people to secretly cross the national boundary (border) environmental crime (318th)

(two) carrying people to secretly cross the national boundary (border) environmental crime (321st)

Four, the crime of obstruction of administration of cultural relics

(a) cultural relics crime

The behavioral object must be national prohibition of cultural relics, including the national protection has scientific value of ancient human fossils and ancient vertebrate fossils. Behavior is "profit", namely buy and sell behavior. So the behavior of people will own cultural relics sold, not set up this crime. If theft and sale of precious cultural relics, reselling the selling behavior does not belong to this crime, not another reselling valuable cultural relics crime, only the establishment of theft. The subjective aspect is intentional, and have the purpose of profit.

(two) excavation of ancient sites of ancient culture, funeral sin

The behavioral object of historical, cultural, scientific value of ancient cultural sites, ancient tombs. Ancient tombs, the tombs Xin Hai before the revolution and after the revolution of Xin Hai celebrity tombs, and the well known historical events and the site of the memorial, including the revolutionary martyrs cemetery. Behavior content for robbing, stealing refers to the theft, dig refers to the excavation, i.e. without the approval of the departments of cultural relics competent private mining.

In excavating and robbing sites of ancient culture, ancient tombs in the process, at the same time steals precious cultural relics or causing serious damage to valuable cultural relics, which belongs to the excavating and robbing sites of ancient culture, ancient tombs of the aggregated consequential offense. But in excavating and robbing sites of ancient culture, ancient tombs, the deliberate destruction of ancient cultural sites and ancient tombs and precious cultural relics, should take the excavating and robbing sites of ancient culture, ancient tombs and the crime of intentional damage to places of historic interest and scenic beauty or the crime of intentionally damaging relics crimes.

Five, crime of endangering public health

(a) the illegal blood selling crime

"Organization", refers to the gathering mobilization, recruitment advertising, persuaded by the words, the lure of money for many people. Guilty of this crime caused heavy damage to others, be the crime of intentional injury. If the cause of injury, still should be the. Tissue of patients with infectious diseases to sell blood or blood products, and the blood or blood products for others to use, at the same time committing murder, intentional injury crime, crime of throwing dangerous substance, which belongs to the imaginative joinder of offenses, from the most serious crime.

(two) the crime of medical accident

1, is the subject of the behavior          . Including medical epidemic prevention workers, pharmacists, nurses and other professional and technical personnel engaged in medical care.

2, the behavior is in the process of medical and nursing care of serious irresponsibility, treatment caused death or serious harm to health of patients. To distinguish between the accident and the accident.

(three) the crime of illegal medical practice

1, the actors must be                 People. According to the relevant provisions of judicial interpretation, has one of the following circumstances, should be recognized as "did not get the doctor qualification of illegal practice of medicine": (1) did not obtain or illegally obtained qualification in medical activities; (2) individuals that do not have "started the practice license of medical institution" medical institutions; (3) period is to revoke the practicing certificate of doctors engaged in medical activities; (4) did not obtain the village doctor practicing certificate, engaged in rural medical activities; (5) the family midwife implementing medical behavior outside of the family.

2, is engaged in medical activities. Here the "medical treatment", which must be made by doctors engaged in, otherwise it will have dangerous behavior. Behavior of people engaged in massage, acupuncture and other acts, not medical behavior. The crime of illegal practice of medicine belongs to the occupation crime. Because of this crime is the crime of endangering public health, if a person is only a specific person engaged in medical activities, can not endanger public health system, only the actor will practice as a business, with repeated, repeated intentional and implementation, to harm the public health system.

3, the subjective aspect is deliberately, knowing that no physician qualification and medicine. And without the need for the purpose of profit, free of charge for the treatment of others, can also set up this crime.

4, as the object of this crime is the public health system, so the patient (the victim) commitment, do not affect the establishment of the crime.

5, the implementation of crime of illegal practice, and constitute the production, sales of counterfeit crime, production, sales of substandard drugs crime, fraud and other crimes, in accordance with the provisions of the criminal law punishment heavier punishment.

Six, environmental crime

(a) the illegal hunting, killing of rare, endangered wild animal sin

1, the behavior object is included in the national key protected wild animal list of one or two protected wild animal, on international trade in endangered species of wild animal and Convention on the domestication and breeding of the species.

2, hunting, killing behavior if it is taken with explosion, poisoning, pull the power grid and so on, at the same time committing the crime of endangering public safety crime, and the establishment of the crime of endangering public safety the imaginative joinder of offenses, from the heavy processing.

(two) crime of felling trees, crime of wanton cutting of forest

1, crime of felling trees is undocumented (Wu Quan) deforestation, infringement of title; deforestation crime is documented but illegal deforestation, although violation of forestry management system.

2, the state, collective, and others all have fallen trees steal, steal others scattered trees and cut in the land, planting, the larger amount, convicted and punished as theft.

3, the forest ownership dispute party before the forest ownership rights, unauthorized felling of forest or other trees, large quantity of felled trees, to the crime.

Seven, smuggling, trafficking, transporting, making drugs

(a) the smuggling, trafficking, transporting, making drugs

1, the behavior object is a drug, that the provisions of the state regulation can form addiction narcotic drugs and psychotropic drugs. Due to the small amount of drugs also have significant pharmacological effect, so the smuggling, trafficking, transporting, manufacturing of narcotic drugs, regardless of the quantity, should be investigated for criminal responsibility, criminal penalties.

2, including smuggling, trafficking, transporting behavior, manufacturing. Smuggling is a cross border transport. Selling that sold, including buying for selling to the behavior. Transportation refers to the transfer of drugs, in domestic, and must be with the smuggling, trafficking, manufacturing related transport behavior. Manufacturing refers to the use of original plants of narcotic drugs (raw material) into drugs, including production, refining, conversion of drugs.

3, this is a crime         Charges, according to the different cases of drug smuggling, trafficking, transporting respectively, making behavior, smuggling, trafficking in, transport, making drugs a crime.

4, the subjective intent, knowing that their smuggling, trafficking, transporting, manufacturing of drugs. But don't need   

           Objective. Such as a, B are drug addicts, and close. B because of can't buy drugs, repeatedly let a few grams of their use of the drug transfer to B, B each purchase price for transfer of drugs to B, not profit from. Because the crime of drug trafficking is not required for the purpose of profit, so a behavior set up drug trafficking.

5, in the process of smuggling, trafficking, transporting, manufacturing drugs to violence, coercion to resist inspection, detention, arrest, smuggling, trafficking in, transport, making drugs           . Use of smuggling, trafficking, instigate minors, transportation, manufacturing drugs, or sell drugs to minors shall be given a heavier punishment.

6, the application of the criminal law to the provisions of Article 155, direct to go private illegal purchase of smuggled drugs, or in the inland sea, territorial sea transport, purchase, drug trafficking, also belong to the crime of smuggling drugs.

(two) the crime of illegal possession of drugs

1, the behavior object is a drug.

2, the behavior content to hold, that behavior to control the drug in fact. Both the acts themselves carry, storage, including the behavior people use others to achieve control of drugs, or jointly with others of the controlled drugs. The drug must be held              , set up the crime of illegal possession of drugs. The actor was smuggling, trafficking, transporting, crime of manufacturing narcotics and possession of drugs, smuggling, trafficking, transporting, belongs to the crime of manufacturing drugs of course content, can not be identified as the crime of illegal possession of drugs, not punishment. Drug addicts illegal possession, or I used to smoke the drug and indent, drug purchasing, amount to "criminal law" the provisions of article 348th of the standard, indent and purchaser can constitute the crime of illegally holding drugs.

3, the subjective aspect is deliberately. The behavior must knowing is the drug while holding. If the wrong drug as flour and hold, not to set up crime.

Eight, the organization prostitution, forced prostitution

(a) the crime of organizing prostitution, forced prostitution sin (358th)

(two) given a statutory crime (second, 360th)

Subject practice:

1 A to B's son, jointly operate a restaurant. One day, the public security organ to a and B are the common crime on the grounds, to the restaurant and B a detention, because did not participate in any crime and unaware of the truth, so the police detention practices of resistance, leading to a security personnel injured. A behavior whether to set up the crime of obstruction of official business?

2 class 10 and A 9 in the fight affray, process, Party B is stabbed in the heart. But can not find out the death caused by B who act (or even possibly caused by Party A's behavior). The case should be how to deal with?

3 ordinary citizens a solicitation defender B to defend A false evidence. B receive instigation in B falsifying evidence in criminal proceedings. A behavior constitute what crime?

The 4 class by the teacher Liu Xu Xu unprepared theft on the podium of the mobile phone (3500 yuan). Then Liu to mobile phone to the classmate Li Moujia, inform the theft of mobile phone thing and Lee will discuss mobile phone sold. When Liu, Li holding a mobile phone in Tiananmen Square to a mobile phone shop price searching, Xu telephone inquiries, Lee will phone, talking with each other, Li Huangcheng and Xinjiang accent: "mobile phone is spent 3500 yuan from a woman bought in wireless office door." Xu offered 3500 yuan redemption, Lee, Liu Tongyi, and about the good place of delivery. Captured by police Lee agreed to the place of delivery at. Liu, Lee's behavior is stolen goods crime or fraud?

5, the following statements which constitute counterfeiting, altering, buying and selling official documents, certificates, seals:

A: a fake court verdict on "the copy and the original check is" chapter

B: B false judgement copy

C: C forged "interior ministry" of the people's Republic of China Stamp

D: Ding trading counterfeit official

6, the following statement is correct:

A: a theft bodies, B for harboring a, B to conceal, conceal guilty of offending

B: C = ABCD et al's theft booty, separate theft ABCD et al have not reached 500 yuan, but harboring amounted to the larger amount, C constituted to conceal, conceal guilty of offending

C: Ding said they "drug" can cure some diseases, and sell drugs in order to practice in the name of, constitute the crime of illegal medical practice

D: A was knowingly sell drugs to B, still should A request will be forwarded to the B drugs, drug trafficking was

7, which of the following acts constitute the crime of shield?

A. a help rape criminals to destroy evidence

B. B (car) after the traffic accident to the perpetrators escaped, causing the victims died because they were unable to rescue

C. C knowingly commits murder, arson crime is a terrorist organization, and cheat proof shield

D. Ding, song and dance hall owner, in the public security organs and prostitution illegal behavior is illegal send news secretly, if the circumstances are serious