In February 25, 2011, the eleven meeting of the nineteenth NPC Standing Committee voted through the "PRC Criminal Law Amendment (eight)". On the whole, the revision of the criminal law is revised previous action of the largest, a total of 50, effective May 1, 2011.

   In China there is death penalty, penalty punishment on partial light problems in the actual implementation, the need for appropriate adjustments. One is the provisions of the criminal law, the death penalty charge more, a total of 68, in judicial practice, some charges less applicable or not applicable, can be appropriate to reduce the. Two, according to China's current economic and social development reality, appropriate to cancel some economic non violent crime, the death penalty, will not bring negative effects to the stability of our social and political situation. Three, criminal sentenced to death with a reprieve, the actual implementation of the short term, the criminals for some serious crimes, it is difficult to disciplinary action, should be strictly restricted commutation. Accordingly, the interpretation of this correction from eight aspects, so that everyone from a more macroscopic angle to grasp the spirit of the legislation amendment eight.

   First, to further improve the provisions of the criminal law on the death penalty law

   The cancellation of 13 economy the death penalty for non violent crimes. Specific include: the crime of smuggling cultural relics, the crime of smuggling precious metals, precious, precious animal products animal smuggling crime, crime of smuggling ordinary goods,, the bills defraud crime, crime of financial certificate fraud, credit card fraud, crime of falsely making out special invoices for value-added tax, for export rebates, tax invoices, forges, sells counterfeit the special VAT invoice crime, the crime of theft, crime of imparting criminal methods, robbing ancient cultural sites, ancient tombs sin, robbing ancient human fossils, ancient vertebrate fossils of sin.This part we need know, choice questions may be 11 years in the national judicial examination.

   Two,Prolong the prison sentence and punishment

   In our present criminal law, before the judgment is pronounced a committed several crimes, are to be sentenced to not more than 20 years. The criminal law amendment (eight) the provisions is amended as: a term in prison total term of less than 35 years, the maximum not more than 20 years, the total sentence of 35 years or more, the maximum not more than 25 years. This knowledge as the test preparation.

   Three, sentenced to death sentence with a reprieve and non criminal sentence commutation, parole made strict specification

   The criminal law amendment (eight) will be life imprisonment to fixed-term imprisonment is amended as: not less than 13 years, also provides: Criminal restrictions on commutation of the death sentence with a reprieve, after the expiration of the period of suspension of execution to fixed-term imprisonment is in accordance with the law, not less than 25 years, after the expiration of the period of suspension of execution in accordance with the law for a period. To 25 years in prison, not less than 20 years. The criminal law amendment (eight) on parole conditions has also been revised: sentenced to life imprisonment of crime molecules, the actual implementation of more than 13 years, he conscientiously observes prison regulations, accepts education and reform, but there is repentance, there is no danger of re offending, may be granted parole.

   Four, the elderly, Minors stipulates the special protection

   Specifically in the following aspects: "criminal law amendment (eight)" first stipulates clearly, has over seventy-five years of age who intentionally the crime, may be given a lighter or mitigated punishment, criminal negligence, shall be given a lighter or mitigated punishment. This article established has been using but not to the elderly lenient treatment according to the principle in the judicial practice. In addition, the provisions of the more refined, not of the elderly offender will be lenient, for aggravated is not applicable to this principle, and in the wide range of further distinction between intentional and negligent, it also embodies the basic principle of suiting punishment to crime of criminal law. Then in third, eleventh and regulations, for the full seventy-five years of age, do not apply the death penalty, but by especially cruel means death caused exception; the full seventy-five years of age who commits a crime, as long as they comply with the conditions of probation, the probation shall be. The spring from the penalty and the execution of punishment reflects the particularity of the elderly criminals.

The minor crime for the treatment of special principle to realize the protection, this point of China's "criminal law" originally applied. But overall, "criminal law" for the protection of this special group of minors are not comprehensive, efforts are also very weak. This amendment from two aspects of breadth, depth of the juvenile protection system. The provisions of article sixth crimes under the age of eighteen does not constitute recidivism; eleventh provisions under the age of eighteen who meet the conditions of probation, the probation shall be; nineteenth of the persons under the age of eighteen criminal sentenced to the punishment of five years, from the criminal record reporting obligations.

   Five, increase the two tallest penalty of the crime for the case of the death penalty

   The criminal law amendment (eight) the provisions in article 234Th of the criminal law, adding a, as one of 234Th: organizing others betray body organs, a fixed-term imprisonment less than five years and shall also be fined, if the circumstances are serious, department for more than five years in prison, and concurrently be sentenced to a fine or confiscation of property.

   Without the consent of the organ harvesting from, or under the age of 18 human organ, or forced to cheat them of donor organs, in accordance with the 234Th article of this law, shall be convicted and punished in 232nd. The present Article 232 of the criminal law, Article 234 stipulates the crime of murder and mayhem, the maximum punishment is death.

   For correction, article 144th of the criminal law of reproduction, sale of food mixed with poisonous, harmful non food raw materials, or knowingly sells mixed with toxic, harmful non food raw materials for food, is less than 5 years imprisonment, fined, cause serious harm or other serious circumstances on the body, 5 years or more in less than 10 years imprisonment, fined, causing death or other especially serious circumstances, in accordance with the provisions of article 141st of the criminal law punishment. Article 141 of the criminal law provides for the production, sales of counterfeit drugs crime, the maximum punishment of death.

   Six, expand the range of special recidivism crime crackdown, increase the intensity of

   The current criminal law, organization, leadership of the underworld organization, department for more than three years of less than 10 years imprisonment, criminal law amendment (eight) will be a criminal sentence to 7 years, also be sentenced to confiscation of property. In the criminal law amendment(Eight)In the draft, related to the crime of the underworld organization linked blackmail and impose exactions on crime, the crime of forced transaction, stir up trouble crime are different degrees of perfection, so as to intensify the punishment of organized crime.

   Seven, add not to pay labor remuneration and the crime of drunk driving, drag racing and other crime

     The criminal law amendment (eight) the provisions , to transfer property, escape to avoid paying the remuneration of workers or the ability to pay rather than pay the remuneration of workers, and requests to the larger amount, the relevant departments of the government shall pay still do not pay. Has been the existence of private enterprises in China wage arrears problem, especially in arrears of wages of migrant workers is more prominent. It has also triggered can not ignore the social contradictions, make the unstable factors. This behavior into the adjustment scope of the criminal law, that the great social harmfulness, must take the most stringent means of regulation and control. Because the wage payment is the final objective to ensure the interests of the victims of the criminal law, so the default provisions relief: no serious consequences, pay the remuneration of workers in the public prosecution, and bear corresponding liability for compensation according to law, can be reduced or exempted from punishment.

   Will drive a motorized vehicle on the road racing, bad plot or in the way of drunk driving behavior, crime, and provisions of the acts mentioned in the preceding paragraph, which also constitutes another crime, in accordance with the provisions of punishment heavier punishment. These two types of behavior in recent years has frequently appeared, and the social harm is serious, bad influence. In the past, the judicial practice of the crime of endangering public safety, traffic accident crime to punish these two types of behavior, but the effect is not obvious. In addition, the two types of punishment has been plagued by a judicial worker, for the crime of causing traffic casualties may be too light, the crime of endangering public safety and may be overweight. This will be a separate crime, indicating the importance degree on, can greatly improve the purpose of crime prevention, but also conducive to the rational application of the penalty. 

In addition, the amendment also increased and invoice forged crime of falsely making out invoice, such provisions for invoice crime is more comprehensive, ordinary invoice has also become the object of the criminal law protection.

   Eight, improve the non imprisonment penalty to community correction in criminal law

   The current criminal law, the criminal probation, the probation period, investigation by the public security organs, the unit or the basic level organization to coordinate. The criminal law amendment (eight) will be observed by the public security organ in accordance with the law for community correction. The criminals were sentenced to control, also have the original execution to public security organs shall be subject to community correction.

   I hope you to be more understanding and grasp the eight aspects in the preparation process, in addition to the familiar with the law and to study the law carefully, because the amendment (eight) belongs to the new law, judicial examination in 2011 will not test too deep, the basic knowledge to understand and grasp the calmly test key.

   Hope for and preparing for the 2011 judicial examination candidates friends make a study plan, establish with confidence, sufficient preparation, pass the judicial examination.