The original address:Self taught criminal law essence of notes 00919Author: Hong Yunxuan Camille

The first chapter of the criminal law    The task of criminal law, the basic principles and scope of application

1 basic principles of criminal law:

(1) the principle of legality: Requirements: legality, rationality, clear.

(2) the principle of suiting punishment: Requirements

   1) the penalty and the crime quality adaptation of the crime subjective element of crime of crimes is unity

   2) penalty and criminal suit. The accurate conviction basis at

   3) danger the penalty and the crime person level

(3) equal application of principles of criminal law: on behalf of the following requirements

1) is to protect people's freedom demands

2) is the protection of law requirements

3) is the criminal law itself demands

4) is the basic requirement of the rule of law

Effect of criminal law of 2 spaces: the territorial based, supplemented by the principle of general principles.

(1) on the domestic made applicable principles: the principle of territorial jurisdiction (supplementary principle: the flag state doctrine):

A. in the territory of the people's Republic of crime, except when otherwise stipulated by law, the law is applicable to;

B. in the people's Republic of China who commit crimes aboard a ship or aircraft, this law is also applicable to.

C. 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.

(2) to apply the principle of foreign prisoners:

A. of the people's Republic of China citizens to commit the crimes specified in this law field outside the people's Republic of China, shall apply the provisions of this law, the provisions of this law, but according to the highest penalty of three years in prison, may not be dealt with. PRC state personnel and military personnel who commit the crimes specified in this law field outside the people's Republic of China, the applicability of this method. (personal jurisdiction)

B. of foreigners in the territory of the people's Republic of the people's Republic of China national or civic crimes, and punishable according to the provisions of this Law for more than three years in prison, this law may be applicable, but according to the criminal law is not punishable. (protective jurisdiction)

C. The provisions of the people's Republic of China to the international treaties concluded or acceded to by the people's Republic of China of the crime, within the scope of its treaty obligations to exercise criminal jurisdiction, applicable law. (the principle of universal jurisdiction, international law crime, such as drug, hijack civil aviation products, multinational would sell women and children, the transnational damage, terrorism, war and genocide, or humanitarian, prosecution, or extradition, the traditional jurisdiction supplement)

Note: for the train on the crime, according to the bilateral agreement with the first arrived, or destination court jurisdiction.

D. anyone outside the people's Republic of China in accordance with this law, crime, criminal responsibility shall be borne by the foreign judgments, though, can still be in accordance with the provisions of this law, but in foreign countries have received criminal punishment, can be avoided or mitigated punishment.

E. enjoys the criminal responsibility of foreigners diplomatic privileges and immunities, resolved through diplomatic channels. (foreign jurisdiction)

3 time effect of criminal law (1949.10.1 - 1997.9.30 the old law, 1997.10.1 law)

The doctrine (exception: the parties evade capture or behavior continues to this day) according to the principle of the behavior of the law. Only applicable to pending cases, including the retrial case; provisions of the new laws and old laws, apply behavior; continue to act by the law after the entry into force before the entry into force, apply the law;

4 criminal law concurrence principle: by special law is superior to the general law for felony misdemeanor exception principle, superior.

Characteristics of 5: wide adjustment range of criminal law is not complete mandatory supplementary

The 6 tasks of criminal law: fighting crime, protecting the people, the protection of law. The tasks of the PRC Criminal Law, is the struggle against all criminal acts, to protect national security, safeguarding the people's democratic dictatorship and the socialist system, the protection of state-owned property and collective property of all labor, protecting the citizen private property, protect citizen's personal rights and democratic rights and other rights, maintaining social order and economic order, guarantee the smooth progress of socialist construction

The two basic functions of 7 criminal law (real or may play the role): function protection of the interests of the law and freedom

The second chapter of crime

The concept of crime

Three features of crime:

1, the social harmfulness: nature or social property crime, the social harmfulness is the unity, the unity of quality and quantity of relative stability and variability

2, the criminal law: the legal attribute of crime, the "law" means the general criminal law.

3, should be subject to punishment

The second section of the classification of crime

1 Theoretical classification:

(1) a felony and misdemeanor: to 3 years in prison for the standard.

(2) the natural crime and statutory crime: natural crime is a clear violation of ethics of traditional crime of moral, legal crime is not obviously violate the ethics of modern crime moral. As the unit crime, are the official crime.

(3) across the gap crime and non vibration gap made: there is time, places between the crime and the crime of interval, for every gap crime; otherwise, for non vibration gap crime. Time interval between behavior and criminal result as committed in places separated; interval between perpetrating act and the criminal result for the next commit.

2 statutory classification:

(1) a state crime and common crime.

(2) identity and non identity: identity crime includes the true identity of the perpetrators and not true identity. With special status as the subject of crime constitutive elements of crime, is the true identity; not true identity of the subject is the general subject, however, if the body is the special identity, the severer punishment.

(3) dear dear dear action and non action: action five: insult, libel, violence, abuse of interference in the freedom of marriage, occupation.

The third chapter of crime

1, the concept: criminal law, that the behavior of social harm and culpability, organic whole must have the behavior and crime all of subjective and objective.

2, general requirements: (1) the object of the crime; (2) the objective aspect of crime; (3) the subject of crime; (4) the subjective aspect of crime.

3, crime constitution:

(1) the basic constitution of crime and amendatory constitution of crime.

(2) the increase of the crime and reduce crime. Belong to the intellectual law, to be able to identify.

(a): the object of the crime of criminal law for criminal acts and violations of interest (interest)

The basic content of the object of the crime: the general object and the similar object and the direct object

A. general object: all the crimes of common violations of the law benefits the whole;

B. similar object: a legal one kind of common violations of the crime

C. direct object: concrete law benefit the specific crime directly

2, the relation and the difference between crime object and crime object: the object of crime is specifically refers to criminality direct effect or concrete. The behavioral object response object of crime, the object of the crime control act.

  The A. object is presented by the external characteristics of things, the object of the crime is the behavior reaction essence

  B. specific behavior object only certain elements of crime, and the object of the crime is all common elements of crime

  The behavior of C. objects are not in violation of any crime, and the object of the crime in all crimes have been infringed or threatened

  D. is not a crime according to the classification of the crime object, and the object of the crime is a crime according to the classification of

(two) the objective aspect of crime

Element 1, the objective aspect of the crime: between harm behavior, damage results, causality between behavior and consequence, and the behavior of the time and place etc.. Among them, only the damage behavior is an essential objective elements, and the other is the selective factors.

Features 2, dangerous act in Criminal Law: a body (the human body movement), intentional (is the physical movement control behavior under the will or consciousness), hazard (value evaluation -- objectively violation or threatened legal action)

3, the harm behavior forms: action and omission (dynamic and static body). Hold the scope of as.

As, refers to the behavior of people in a positive physical activity to implement the harmful acts prohibited by law.

Not as (it is not a Crime Obligations), refers to the act to fulfil their obligations in the case of non performance of the obligations. Grasp from these three aspects:

　　 One is the feature (or conditions): responsible for the implementation of specific duty behavior has the ability to perform the specific obligations and failed to fulfill the obligation, cause or may cause harm result

　　 The two is a source of specific obligation: ① law caused the legal obligation of compulsory requirements of job or business of the antecedent act obligation obligation

Three types: (1) omission, (2) the offense of nontypical omission; as the - tax combined with the sins of omission

4, harm result: objectivity, abstraction

The so-called objectivity refers to the causality in criminal law is a kind of objective relation between harm behavior and harm result. There is no causal judgments, and subjective can anticipate nothing, only from the subjective irresistible force for their excuse; a causal relationship, is the necessary condition to determine the criminal responsibility, also need the subjective element (with or without intention, negligence) and subject qualification (responsibility age, responsibility)

5, the criminal law causal relationship: the conditions as the theoretical basis, should consider intervention factors, there is no causal relationship between the previous criminal law sense behavior and harm result.

Interventional factors include three types: natural events, the behavior of others as well as the victim's behavior.

The main consideration of the relationship between nature and with the advance behavior intervention factors, namely the factors involved in itself is the factors involved in the abnormal or normal, independent or subordinate to the advance behavior? If the intervention of the intervention factors is abnormal, itself independent from antecedent actions, the causal relationship between behavior and harmful results previously cut caused no causal relationship exists, the meaning of the criminal law on the other hand, is the advance behavior causal connection with the harmful results did not cut off the causality in criminal law sense and still exist.

(three) the subject of crime

  The subject of crime refers to the crime of criminal law and criminal responsibility of the person (natural person and unit)

Classification: 1, the subject of the crime of natural person subject 2, unit subject. The subject of natural person is divided into: general subject and special subject.

The natural person crime: the crime of natural person to master the three problems: the age of criminal responsibility, criminal responsibility, status crime.

1, the age of criminal responsibility can make three points: no responsibility age (under 14 years of age), the relative age of responsibility (more than 14 years of age under 16 years of age), full responsibility age (16 years old).

The calculation principle for 1 year, should be in chronological age as the standard, from second days before the birthday for the full 14 years of age or 16 years of age;

The full 14 people under 16 years of age, should bear criminal responsibility: eight behaviors: murder, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, poisoning crime. 　　

The robbery crime includes not only the provisions of article 263rd of the crime of robbery, also include other types of "quasi robbery", such as theft, fraud, robbery, for booty, resist arrest or destroy criminal evidence and on the spot the use of violence or threats of violence, carrying weapons snatch

The drug crimes, has over 14 years of age under the age of 16 only to bear criminal responsibility behavior of drug trafficking, the basic properties of the same damage equal smuggling, manufacturing, transport behavior of drug is not to bear criminal responsibility. Over 14 people under 16 years of age shall not bear criminal responsibility, but the crime of kidnapping, involved in the killing of hostages, should decide the crime of intentional homicide, and criminal responsibility.

The full 14 people under 16 years of age only to legal several intentional criminal responsibility, but for any negligence crime is not to bear criminal responsibility

The full 14 under the age of 16 crimes, penalty two principles: first, shall be given a lighter or mitigated punishment, two do not apply the death penalty (including death)

2, the ability of criminal responsibility: requirements and have the ability to identify (understanding) and control (will), namely the ability of crime; criminal responsibility has no effect and the degree of factors: age, mental disorders, loss of physiological function.

Partial or limited or relative responsibility, there are a few categories of people: one is full already 14 people under 18 years of age a crime, shall be given a lighter or mitigated punishment and death penalty; two is a mental patient who has not completely lost the ability to recognize or control the crime, from the lighter or mitigated punishment; three is the deaf mute blind people or a crime, shall be given a mitigated punishment or be exempted from punishment.

Identification and control ability, judgment: (1) medical standards; (2) the psychology standards

3, the identity: identity crime is special identity called or special subject, is relatively general subject of crime, refers to complete with the general subject conditions, sin will be special status as a main body condition. Position or state criminal responsibility provisions of criminal law of special status that the personal aspects of specific qualifications. Typically such as the crime of corruption, crime of escape, such as the crime of torture to extract confessions.

The unit crime

1,Characteristics of unit crime: refers to the unit crime refers to the crime itself, rather than all the common members in common.

2,The unit crime: refers to a company, enterprise, institution, organization, group for the units to seek illegitimate interests, the decision unit collective research or decided by the responsible person, by the unit directly responsible implementation of crime

3, according to the characteristics and the related judicial interpretation, not criminalized units:

(1) the individual is illegal and criminal activities and the establishment of the unit crime, according to personal crime.

(2) after the establishment of the unit crime, as its main activities, not to the processing unit crime.

(3) individuals pirated the name of the unit crime, the illegal income to all individuals, according to personal crime.

(4) article 393 of the criminal law, unit bribery after the interests of individual crime, according to personal crime.

(5) the alleged crime unit before trial or process is revoked according to law, bankruptcy and other reasons not exist held directly responsible responsibility

4, unit crime punishment: to double punishment principle, to a single penalty for the exception

(four) the subjective aspect of crime -- sin

Under the criminal law refers to the crime must have, the subject of crime of endangering the society held in implementation of the behavior and harm result mental attitude

	Set    Righteousness	After theFruit
Intentional crime	Knowing that their actions would entail harmful consequences to society, andHopeOrLaissez-faireThis result occurs, thus constituting a crime, is an intentional crime.	Direct intention	Knowing (inevitable) and hope	Shall bear criminal responsibility
Indirect intent	Knowing that the (possible) and laissez faire
Unpremeditated crime	Should foreseeYour behavior may cause socially dangerous consequences, becauseNegligence and did not foresee, orHave already foreseen but believe can avoidThis result, it occurs, is a negligent crime.	Careless negligence		Legal criminal responsibility shall be borne
Overconfident negligence	Whether the actor has the negative attitude, take measures to avoid, avoid to, otherwise, indirect intention
It is not a crime	Although an act objectively caused damage, but not the intent or negligence, but due to irresistible or unforeseeable causes, it is not a crime.	And he shall not bear criminal responsibility

Article 398 faults and deliberately leaking state secrets as punishment.

Cognition factor and will factor have different combinations, specifically available below said: understanding of factors having will factor of culpability

The difference between each other

1, direct and indirect intentional difference:

The understanding of factors: the former understanding to occur or may occur; the latter will happen to

The will factor: the former actively pursue; the latter is the laissez faire, indifferent attitude (key difference)

The indirect intent no unfinished form, cause what results constitute what crime

The difference between intention and negligence with undue assumption 2, indirect:

understanding, have foresight, will factor: the former laissez faire; the latter believe can avoid, do not want to harm. Characteristics of overconfident negligence is "believe can avoid", on one hand, people hope and believe that can avoid the harmful consequences; on the other hand, the actor has no reliable objective basis and that can avoid rash.

Indirect intentional circumstances.

1) the pursuit of a crime and the crime results allowed the results of another of the same nature.

2) under bursty impulsive, reckless behavior, the implementation of harm harm result of a laissez faire.

3) the act itself is bad, and the pure lucked occasions.

3, overconfident negligence and negligence difference: understanding the differences of results -- with or without understanding.

Prior knowledge, are overconfident negligence. Prior to the results did not know, it is the fault of negligence.

The difference between the 4, negligence and accidents:

1) breach of laws, regulations or habit (objective standard)

2) whether the actor has the ability to foresee the normal. The behavior of human foreseeable obligations and foresight in general is consistent.

The fact error problem

1) recognize the error specific facts: including object error, strike error and causality errors.

　　The general principles of settlement of mistake of fact:

　　 A. if the behavior of a deliberate crime, the intentional crime process for "mistake" and did not succeed, the "mistake" does not interfere with the intent of crime. 　　

B. if the behavior of the non criminal intent, in daily life for the "mistake" and the harm result, was not intentional crime; judge has no fault, if there is a fault, be negligent crime. If it is due to unforeseeable, belongs to the accident

    2) Abstract: the facts wrong object error and hit the wrong

(five) the comprehensive elements of a crime

"Serious": it is suggested that the rules, not elements. Not on the specific content of a certain aspect, it means that any one aspect of a serious, its behavior is a crime.

Purpose and motivation of crime: crime except some intentional outside, still need a specific purpose.

The fourth chapter of excluding criminal reasons

Classification, causes of crime

The justifiable defense, necessity, legal behavior, the proper business behavior, the victim's commitment (not including give up the right to life), self-help behavior, the obligation conflict behaviour.

Two, the justifiable defense

(a) the justifiable defense and excessive defense: crime, generally do not rule out the possibility of indirect intentional negligence. Justifiable defense is not independent

(three) special justifiable defense

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. The understanding: the damage behavior of heavy hurt more.

A. in violent crime. Anesthesia Robbery is not applicable.

The B. also includes other violent crime. As the aircraft hijacking.

C. has ended in violent crime that seriously endangers his personal safety, the behavior of the crime person killed, belonging to the afterwards defense.

Accidental defense: deliberately violated the legitimate rights and interests of others' behavior, the coincidence of other justifiable defence

(3) emergency: in order to enable countries, the public interest, the person himself or herself or others, property and other rights from danger happening, not causing harm to the other smaller or equal rights act

The danger from: 1, the nature of the spontaneous forces and animal attacks; 3, human physiology, pathology and other special circumstances; unlawful infringement of the 4

The fifth chapter intent crime

There is a deliberate crime

   Intent crime refers to an intentional crime in its development process, due to some reason appeared ending the state, namely the preparatory crime, attempted crime, the discontinuance of crime, crime

Negligence and indirect intention no preparation for a crime, attempted, discontinuation of a crime, only direct intent

The relationship between the two, the form of crime

Intent crime	Features	Comparison	Handle	Explain
Preparation for a crime	In order to crime, preparation tools, manufacturing conditions, but due to reasons other than the behavior of the will of the people and failed to start the implementation of criminal case is the preparation for a crime	1Get setAndAttemptedHaveTo startThe implementation of crime. (difficult) 2. preparation and suspension: if the initiative to stop. 3: attempted and termination of desire but not attempted, and do not want to stop	One who prepares for a crime,SureAccording to the accomplished crimeLighter,EasePunishment orExemptPunishment.	And the difference between criminal intention: whether it constitutes a threat to reality.
Attempted crime	Have begun to implement the crime, due to reasons other than the criminals will not succeed, is attempted crime.	For the attempted offense,SureAccording to the accomplished crimeLighterOrEasePunishment.	1To startThe concept of: started the implementation of specific crimes in specific provisions of criminal law elements of the act is to. 2. Impossibility: (see the error of cognition) A. object impossibility B. means not prisoners C. superstitious offense
The discontinuance of crime	In the criminal process, gave up the crime or automatically and effectively prevent the result of crime, discontinuation of a crime refers to.	The discontinuance of crime, caused no damage (damage),Shall be exempted from punishmentDamage (Must not be accomplished results),Be given a mitigated punishment. For example, killing suspension, caused no damage results, shall be exempted from punishment.	1 can occur in the preparation and implementation of stage. 2 criminal intention is not crime discontinuance. Automatically restore 3 crime is not set up. 4. attempted crime is impossible after the suspension of crime. 5 aborted objectivity: the behavior of real abandonment. Effectiveness of the 6 stop: as long as no signs of accomplished offense of the crime.

Three, accomplished

The standard of accomplishment

Results: 1, guilty of some crime consequence is accomplished

2, dangerous crime: does not require a result, risk requires only result is accomplished

3, behavioral offense: neither results no danger signs, only to see the results

　4, act crime: a start the implementation of criminal acts, immediately declared completed, no attempt.

Four, crime characteristics

1, the subjective, in order to implement the crime; the actor has subjective intention to facilitate implementation, completion of a crime.

2, the objective, the implementation of the preparatory behavior for a crime (preparation tools, manufacturing conditions). Prepare tools, refers to the implementation of various articles for use, crime of manufacturing conditions, to create conditions for the implementation of crime of manufacturing opportunities or, if the investigation were excluded before a crime; crime obstacles; ③ to the scene of the crime or lured victims to the place of crime; the track or waiting for the victims; the seduction of joint crime; the counsel or intended to commit the crime plan etc..

3, failed to proceed with the implementation of;

4, because the cause will surprise

Five, the attempted crime (key)

Causes beyond volition, whether breach the real intention of some of the criminals think objectively can not realize his own will. In some cases such criminal objectively impossible to commit a crime or impossible crime results. The behavior has ended, but something stopped results.

Type

1, the completed and implemented without end:

2, criminal attempt and impossibility

Six, the discontinuance of crime reason:

The thought may be accomplished crime, but voluntarily give up. Can be accomplished, the understanding of human behavior is subject to.

The suspension of the reasons, some may be afraid of punishment, but also can be regarded as suspension.

The sixth chapter of joint crime

　Conditions for establishment of a, accomplice

1, the main conditions: more than two people, including artificial person

2, the subjective conditions: must have a common purpose, interesting liaison between. Note: the intentional content of different does not constitute accomplice, direct intention and indirect intention can constitute the accomplice, accomplice situation not.

　     1). The joint negligence does not constitute accomplice 2). Intentional crime and negligent crime does not constitute accomplice 3) also do not constitute accomplice 4) the implementation of intentional crime related successively, no contact, not an accomplice 5) beyond joint intention of crime is not the accomplice; 6) without harboring, shielding, through counsel second, selling behavior does not constitute accomplice, if there is a conspiracy, is the establishment of common crime; 7) the one-sided accomplice does not constitute accomplice; 8) the indirect principal offender is not an accomplice.

3, the objective conditions: must have a common behavior, i.e. the same constitutive behavior. (common crime is not necessarily the same charges)

Two, the form of common crime:

A. arbitrary joint crime and joint crime (must have the intent to commit more than two common crime);

The common crime B. conspirators and non premeditated joint crime;

C. simple common crime and complicated joint crime: simple: the implementation of behavior, also called the common principal offender. Complex: the implementation of behavior is not the same, a perpetrator, abettor, organizing offender, abettor.

D. general common crime and the special joint crime: General: no common crime organization.Special: a criminal group: more than three people as the common crime is fixedly consisted of organized crime, criminal groups. Characteristics: a large number of criminal group, relatively fixed, clear purpose.

Classification of three, common criminals and criminal responsibility:

China's criminal law on the crime in joint crime in the role as the main standard, and taking into account the division of labor, the common criminal into principal, accomplice, accomplice under duress and instigator 4. Abettor is not crime, it should be convicted of abetting content. For the solicitation is not applicable to specific regulations have been instigating acts, typical: obstruction of witnessing in instigating others to commit perjury is equivalent to instigate others to commit perjury perjury, not the instigator, direct determination of prejudice to testify the crime; the crime of endangering national security in the armed rebellion and violence, crime, police have instigated rebellion, violence of armed rebellion and violence crime. The two is the crime of instigation act. To instigate instigator should be treated.

Classification	Identification of	Be careful	Criminal responsibility
Principal	Organization, leads a criminal group in carrying out criminal activities or play a principal role in a joint crime, are the main culprits.	Primary elements must be the principalHowever, the principal is not necessarily the ringleaders, can also be other people.	1Ringleader who organizes, leads a criminal groupThe group has committed, in accordance with theAll the crimesPunishment.
The ringleader, refers to the crime organization, planning, command of molecular interaction in a crime committed by a criminal group or a crowd.	2. for primary molecules outside of the principal, shall be in accordance with theParticipationOrOrganization, commandOf all criminal punishment.
Accessory	Plays in the joint crimeA secondary or auxiliary roleAccessory.	Can not only the principal offender, butNot only no principal accomplice.	An accomplice,Shall be given a lighter, mitigated punishment or be exempted from punishment. But an accessory in joint crime bear full responsibility on the basis of a lighter, mitigated punishment or be exempted from punishment.
The coerced offender	Forced to take part in the crime, is coerced offender.	Later into the positive initiative to commit the crime, do not think it is coerced offender.	The coerced offender,Should be in accordance with the circumstances of his crime, a mitigated punishment or be exempted from punishment.
(Comparative Civil Law abettor abettor joint tort) abetting crime, and I don't intend to carry out the actual participation in the actual crime	1 the instigator of abetting the object must be to achieve the capacity of criminal responsibility, or establishedThe indirect principal offender.		1. instigates others to commit a crime, he should be in accordance with the common crimeThe effect of punishment. The abettor plays a principal role in a joint crime, according toPrincipalPunishment, played a secondary role, according toAccessoryPunishment. 2. instigates a person under the age of eighteen crimes, shall be given a heavier punishment. 3. if the instigated person does not commit the instigated crime, the instigator, may be given a lighter or mitigated punishment. Include the following: A. was instigated people refuse to teach B. receive instigation, but not commit crime; c. instigated crimes not abetting behavior; D. instigated crimes and the crime of instigation of different nature.
2There must be a crime(General requirementsClear violation objectYesA clear incentiveOtherwise, no meaning), but if the threat, forcing the instigated person lose freedom degree, is establishedThe indirect principal offender.
3. should be in accordance with the instigator of abetting the crime of conviction, if the instigated personMisunderstanding or subjective instigated crime beyond the scope ofThen, the instigatorOutside the scope of the crime of instigation does not bear criminal responsibility. The abettor itself constitutes a crime not to be instigated crime is necessary to end.
4 for indirect abetting abetting crime should also be punished.
5. in specific provisions of criminal law as an independent crime: T104 second: planning, stress, seduce, buy the staff of state organs, armed forces, the people's police, militia to carry out armed rebellion or armed riots, in accordance with the provisions of the preceding paragraph shall be given a heavier punishment.

The difference between art and conspiracy:

1,Be instigated usually had no intent to commit the crime, the criminal intention is caused by the instigator; and common people usually have a crime

Figure, or in the mutual influence, after discussion under under the joint criminal intention, there is no who put the question of who.

2, the instigator himself doesn't participate in the implementation of crime. The conspirators may intend or actual participation in a crime. The abettor, the conspirators were according to their status and role in the common crime punishment. The abettor, according to the general principal punishment; for the conspirators, according to its role in the crime punishment, not necessarily in the principal punishment. The principle of liability of complicity: "a behavior, full responsibility"

Four, the partial accomplice suspension of judgment: ① must have validity. The effectiveness of effectively prevent crime happen; or effectively eliminate the effect of his previous behavior on the effect of crime on the part of joint offense discontinue behavior, only to stop himself not as other common criminal

The seventh chapter of crime number

crime number: a person committed the crime or crime crimes quantity. A crime or plural crimes criterion: in principle by the constitution of the crime as the standard

When considering the special provisions of the criminal law:

  The number of crimes determine the two dimension (behavior + benefits) of three steps: check the behavior of a number, find the relevant theory, see have no special provisions

The pattern of crime number:

A crime, essence, a line of classified as a crime, the behavior;

1 continue to make: also known as the continuous crime, refers to the behavior from embarking on before because of some reason to terminate, has been in a continuous state of crime

2. aggregated consequential offense: plot the aggregated consequential offense. Rob behavior cause the victim casualties, that is the imaginative joinder of offenses, rather than the aggregated consequential offense.

Two, the legal provisions of a crime the behavior as a crime. Repeat offenders: only one -- Taking gambling as often as the crime of gambling industry.

Three,Break a sin: real number behavior of crime number, from the rationality of punishment according to a crime and a punishment.

1 continuous offence: our same crimes not punishment, there is continuity of do not need the combined punishment for several crimes. Significance: the retroactivity of criminal law; crime prosecution effect from the date of the end of. The difference between continuous offence and continue to make: continue to make only one behavior, according to an object, no interval in time; and the continuous of several behavior, according to different objects, the number of the behavior of a certain interval in time.

The 2 implicated offense difference and the absorbable offense: whether the behavior object and object are identical. If, as the absorbable offense; if not, for implicated offense.

3 the absorbable offense: there are a number of different behavior in fact, its action absorption of other behavior, only the establishment of absorption behavior a crime crime. Crime has three main types: (1) the absorption phase behavior, such as the act of burglary, rape occasion, often illegally intruding into others' residences behavior. "Housebreaking" was looting absorption, only need to rob a crime. (2) absorption component behavior. If the act of forging VAT invoices, and forged invoice seal behavior. Forged seal behavior is false invoices behavior absorption, only need to fake invoice crime. Forged financial bill crimes, at the same time have forged seal behavior. Forged seal behavior is a former crime absorption. (3) the absorption of course results behavior. If the illegal manufacture guns and hold the illicit manufacturing of firearms. Illegal possession of firearms is the illicit manufacturing of firearms act absorption, need only to the illicit manufacturing of firearms crime one crime. (4) absorption of actions of non action, is also considered the absorbable offense. For example, actors in the same case as instigation, helping behavior, and participate in the implementation of crime, generally in accordance with the implementation of punishment.

For the purpose of killing to steal a gun is implicated offense; theft of motor vehicles and to commit other crimes, to theft and other crimes.

Special circumstances relevant to the number of four, crime in criminal law

1 "rape forced prostitution", in accordance with the forced prostitution a crime.

2, the kidnapping and murder of hostages; as a crime of kidnapping;

3, trafficking of women, rape abducted women; a crime of abducting and trafficking in women;

4, trafficking in women and forced, lure, sheltering abducted women into prostitution to a crime of abducting and trafficking in women. Forced, lure, sheltering abducted women into prostitution, as an increase of the trafficking of women;

5, the organization prostitution and forced, lure, shelter a woman to engage in prostitution crime, as a crime of organizing prostitution;

6 other persons, organizations in the border and illegal detention by the organizer, to organize to secretly cross the border crime a crime;

7, organization, transporting other persons to use violence to resist investigating border, to organize, to secretly cross border crime carrying a conviction and punishment;

8, smuggling, manufacturing, trafficking, drug transport, armed escort, or use violence to resist inspection, detention or arrest, if the circumstances are serious; to smuggling, manufacturing, trafficking, drug trafficking crime punishment. The theory for the general understanding of implicated offense.

9, "stealing credit card and using other's credit card, with larceny.

10, counterfeit currency and sell, transport the counterfeit money, to the crime of counterfeiting currency crime shall be given a heavier punishment.

11, private buildings, destroys mail from steal property to a crime of theft, he shall be given a heavier punishment. The general explanation for implicated offense.

12, due to bribery and favoritism or perverted the law, guilty of taking bribes and the crime or the crime of misuse law in adjudication of one felony punishment.

13, smuggling and sale of foreign exchange, to purchase foreign exchange and forge relevant documents, if the crime of smuggling, the smuggling crime punishment. If you have not yet implemented smuggling, to purchase foreign exchange crime one crime punishment. Explanation for implicated offense.

14, the use of the destructive means of theft of large amount of property, and destroyed a lot of property, to theft crime shall be given a heavier punishment. Interpretation of the imaginative joinder of offenses.

18, committed robbery, stealing state-owned archives, which also constitutes another crime, in accordance with the provisions of punishment heavier punishment. Interpretation of the imaginative joinder of offenses.

20, unauthorized sale, transfer of state-owned archives also constitutes another crime, in accordance with the provisions of punishment heavier punishment. Interpretation of the imaginative joinder of offenses.

21, the behavior of the people buying counterfeit money after use, to buy counterfeit convicted of a crime, he shall be given a heavier punishment.

22, illegal detention of a person intentionally used violence to be detained any disability, death, to the crime of intentional injury, intentional homicide crime.

23, abuse, torture to extract confessions were disability, death induced by regulators, to murder, intentional injury crime.

24, affray caused a serious injury, death, the directly responsible person in the murder, intentional injury crime.

25, the illegal blood selling, forced to sell blood causing serious injury, the intentional injury crime.

26, in the theft, fraud, plunder process using violence, threats to robbery.

27, carrying weapons snatch, the crime of robbery (whether to belong to the transforming crime is not clear).

28, stir up trouble causing minor injuries, will stir up trouble crime, but serious injury, death and transformed crime.

The eighth chapter penalty

Penalty: is the country in order to prevent the crime of infringing national interests, social interests, civil law and regulations, the people's court according to the criminal legislation on the crime, established on the deprivation of pain on the basis of the most stringent sanctions.

The ninth chapter system of punishment

The 1 Principal: control, criminal detention, fixed-term imprisonment, the death penalty.

2 additional penalties: penalty, deprivation of political rights, deportation, confiscation of property. Supplementary punishments may be imposed independently

3 to a foreigner who commits a crime, can be applied in an independent or supplementary deported.

4 because of the crime and the victim has suffered economic losses, in addition to the criminal punishment according to law, be sentenced to compensation for economic loss according to the situation.

5 for the crime are minor and do not require punishment, can be exempted from criminal punishment, but according to the different circumstances of the case, be reprimanded or ordered to make a statement of repentance, apology, compensation for losses, or by the competent departments shall be given an administrative punishment or administrative sanctions.

One, the main

1, a period of punishment

　1) are to be sentenced to more than 6 months, less than 15 years, more than 15 years to 20 years is the combined punishment for several crimes, death penalty and life imprisonment sentence probation: 1 - 5.

　More than 2), the following 1 months or 6 months, fined not more than 1 years; in February, 1 years of probation.

3) regulation, more than 3 months to 2 years, fines not exceeding 3 years.

2, allowance (1) deprivation of freedom day is a day of detention; (2) restrictions on freedom is control one day to two days detention.

The 3 sentence: starting from the starting point, the execution of the judgement day

4, the relationship between rights and obligations

　1) labor and reward: control, equal pay for equal work; criminal detention, consider to pay; a period, no period, must work.

2) political rights: control if not sentenced to deprivation of political rights, no speech, publication, assembly, association, parade, demonstration of rights; criminal detention, fixed-term political rights defects.

Two, the death penalty

The limitation of death penalty: 1) the applicable conditions: the extremely serious. 2) the limitation of time: when he committed the crime under the age of 18 and trial of pregnant women, the application of the death penalty. ① includes not applicable reprieve. The minors under the age of 18 is at the time of the crime.

Supplement: the trial under the age of 18 is not a public hearing. The pregnant woman is pregnant at the time of trial; it refers to the trial from registration to the whole process of implementation; (illegal means to lead to pregnancy does not apply the death penalty.) If abortion at the trial: abortion, be regarded as pregnancy; spontaneous abortion, are generally deemed to be pregnant, there are exceptions. 3) shall not violate the statutory procedures to apply death penalty 4) shall not be adopted the death penalty 5) must strictly abide by the principle of legality

2, death with reprieve

Sentence ending 1) if not intentional crime, after a period of 2 years, to life imprisonment 2) if there is significant meritorious service, after a period of 2 years, reduced to 15 to 20 years in prison if 3) intentional crime, verification, approval by the Supreme People's court, execution

Two, the supplementary punishment (can be used two additional punishment)

(a) fine (unit can only to the crime punishment) the people's court sentenced to criminal punishment method to pay a certain amount of money to the country

1: amount of not less than 1000 of the lowest limit, minors are not less than 500;

2 any recovered system: the people's court at any time to find the person subjected to execution has the property, should be ready;

3 relief payment system: if an irresistible disaster has true difficulties in paying, can be reduced or exempted according to the circumstances;

4 bear the civil liability of the crime, and sentenced to a fine, and its assets are not sufficient to pay off, or be sentenced to confiscation of property, should bear the liability for civil compensation to the victim.

(two) the deprivation of political rights

1, the content of a. of deprivation of political rights: the right to vote and be elected; B. speech, publication, assembly, association, parade, demonstration of the right to freedom; C. rights of the position in state organs; D. as a State-Owned Company, enterprise, institution or people's organization right.

2, applicable objects must be added: ① sentenced to death, life imprisonment (lifelong); ② endanger national security.

3, the death sentence to life imprisonment, lifelong deprivation; ② reprieve, no commutation sentence reduced to 10 years; ③ independently or in addition to the prison, detention of 1-5 years; the term of deprivation of political rights, regulation and control the same;

Starting from the beginning of parole, parole, deprivation of political rights shall of course implementation period in the main punishment.

(three) the confiscation of property

1, the object: the lawful property of all individuals, not recovered proceeds of crime of property;

2, confiscation of all the property should retain the necessary living expenses for the criminal personal and family;

3, the debt repayment: legitimate debts incurred by the criminal element before the property, need to use the confiscated property to repay, the request of the creditors, shall be repaid.

4, at the same time confiscated property and fines. All the confiscation of property, the absorption principle; the confiscation of property, can be added.

(four) deported Object: foreigners

For question three, the punishment of property

1 the amount of the fine:

(1) there is no explicit legal provisions is not less than 1000 yuan, the minor lighter, mitigated punishment of not less than 500 yuan;

(2) a number of fine punishment of criminals should be added, the amount of the sum, the execution.

(3) impose fines and confiscation of property and execution, if the confiscation of all personal property, fine penalty is the penalty of confiscation of property is not performed, absorption.

(4) can be a single penalty situation: the circumstances of the crime is lighter, would not endanger the community

(5) could be appropriate or exempt from penalty for

(6) can be sentenced to a fine, it shall bear civil liability for compensation: the property is not sufficient to pay, preferably shall bear civil liability for compensation.

(7) the penalty of confiscation of property and pursue illegal income, the confiscation of tools of contraband the difference: the former is the penalty, the confiscation of the object is the legal property crime; illegal property cannot be used as the sin of objects, must be recovered, and belongs to the administrative procedural confiscated.

The tenth chapter is the discretion of punishment

　One, the principle: take facts as the basis, take the law as the criterion

Two, sentencing: premise in a crime has been constituted a crime, the people's court should consider the criminal punishment, sentencing or exempted according to the decision of various penalty

(a) classification of 1, statutory, discretionary circumstances

2, Cong Kuan, with the plot: recidivism, instigate minors crime and drug recidivism

3, in the case of the plot, the plot

(two) recidivism: be sentenced to criminal punishment of crime, the penalty is finished or pardon, certain crimes committed within the statutory time limit condition

1, the general recidivism: a criminal element sentenced to fixed-term sentence or more severe punishment, punishment is finished or pardon, the recidivism within 5 years shall be sentenced to the punishment of sin, crime except

Conditions: ① before and after the two crime must be intentional crime; criminal negligence except;

　　   The former crime sentenced penalty above, after the crime should be sentenced penalty above;

　　   The crime took place after before the crime is executed or pardon after 5 years, the principal shall prevail.

From the date of parole parole expires; probation period, before the crime is not performed, not as a recidivist.

2, special recidivism: the crime of endangering national security, the penalty is finished or pardon, at any time to commit the crime of endangering national security

Conditions: (1) before and after the two crimes are crimes of endangering national security.

　　    (2) must be a crime in penalty is finished or pardon

3, the punishment shall be given a heavier punishment,: not applicable probation and parole.

(three)

1, general Surrender: after crime automatic surrenders, the confession of his crime behavior

(1) the Voluntary Surrender: dear to judicial authorities, related organizations, by telegram, letter to the surrender of relatives and friends; be tied to send up, regarded as voluntary surrender

(2) truthfully metasomatism crimes: accurately account for all the crimes he committed

　   A. committed several crimes confessed part, only by the voluntary confession confession part.

　　   B. in the common crime, truthfully confession must be confessed his knowledge of accomplice crime. One pocketing crimes was not surrender.

　   The C. statement after the confession, not surrender. But in a trial before they can truthfully confession, to surrender.

　　   D. due to objective reasons can not truthfully confessed all his crimes, as voluntary surrender.

　　   E. surrender should allow for their own defense, criminal appeal or corrected, supplement. A little suspicious appearance and movements, inventory will confess honestly considered surrender;

2, special Surrender: also known as quasi voluntary surrender, is being taken coercive measures of judicial organs of criminal suspects and defendants, and is serving a sentence truthfully confessed, the judiciary has not yet mastered his other crimes act

3, surrender and confess distinction: whether to automatically

4, the legal consequences: for the criminals to surrender, he may be given a lighter or mitigated punishment. Among them, the lesser crime, may be exempted from punishment. 　　

5, voluntary surrender and confession difference: surrender is the plot lenient punishment legally, honestly is the discretionary circumstances of sentencing

(four) crime

   Common meritorious service and points difference lies in whether a significant major meritorious service. Focusing on the standard is a major crime, major cases, major criminal suspects that may be sentenced to life imprisonment or criminal punishment or cases in the province, autonomous region, municipality directly under the central government or the nationally influential.

Legal consequences

　　A. has performed meritorious service may be given a lighter or mitigated punishment.

　B. performs major meritorious services, can be reduced or exempted from punishment.

　　C. crime after the surrender and major meritorious services, should be mitigated punishment or be exempted from punishment (general surrender and meritorious service, may be given a lighter or mitigated punishment, crime is lighter, can be exempted from punishment).

The difference between crime and Surrender: meritorious service is assigned to others, surrender is confessed himself guilty

Three, the sentencing system

(a) a mitigated punishment: outside the law: approved by the Supreme People's court mitigated punishment

(two) the combined punishment for several crimes

1, the three rule

(1) absorption principle: a death penalty or life imprisonment; 2) additional punishment, confiscation of all the property of absorption fines deprived of political rights for life

Absorption of other deprivation of political rights

(2) the limitative aggravation principle: to add, limited, relative to the absorption, increased

(3) the principle of additivity: additional punishment added: additional punishment and penalty adding; addition additional penalties and additional penalties (in addition to absorb external)

2, suitable for the different situations

(1) in penalty execution period, find leaks the crime, before and after reduction

(2) in penalty execution period, and new crime, the first reduction and

3, supplement the small problem

If the decision is for the situation, before and after the reduction to implement the requirements of the sentence, sum of crime rather than judgment recognition; if the first decision is a crime, there is no difference. During the period of appeal or protest that leaks the crime, remand.

(three) the probation

1, the concept of probation; is sentenced to detention, to 3 years in prison for the crime, according to the circumstances of the crime and the performance of repentance, if a stay of execution of punishment does not in danger to society, provided certain test period, suspend the execution of punishment, in the trial period, if abide by certain conditions, a the punishment was not executed

2 conditions: 1), was sentenced to criminal detention, the following subjects: three years in prison. 2) substantial conditions: crime plot slight, not endanger the community prohibiting conditions: 3) cannot be the recidivist

3, the test period: a probation sentence test period: the original term ≤ test period ≤ 5 years (but not less than 1 years)

　          Criminal probation test period: the original term ≤ test period ≤ 1 years (but not less than 2 months)

4, probation revocation reasons

A. test period commits another crime (if the new crime committed in test period, but in the test period was found, also the suspension shall be revoked, the combined punishment for several crimes, but leaks the crime situation does not apply, leaks the crime must be in the test period expires, not the revocation of probation, but without a prescription, still want to to investigate, but there is no probation revocation, the combined punishment for several crimes problem);

B. found that leakage crime;

C. is illegal if the circumstances are serious, but not to the extent of crime;

D. irregularities, serious (in violation of the provisions of probation Management)

5, technical problems

The first detention date cannot be offset test period, if the revocation of probation into execution can allowance; revocation of probation, after the test period not to be shortened.The eleventh chapter the execution of punishment

The first section outlines the execution of punishment and division of labor:

(1) three: the executive organ of court, public security organs, judicial administrative organs (mainly prison) Division: "2.5"

The second section of commutation system

A concept of commutation, commutation is divided into two types: one is to be commuted two commutation.

Two, the commutation condition 1, object: sentenced to public surveillance, criminal detention, fixed-term imprisonment, criminal substantive conditions: 2, 1) substantial conditions can commutation: Crime in penalty execution period, he conscientiously observes prison regulations, accepts education and reform, shows true repentance or meritorious service 2) essence conditions should be commuted: performs major meritorious services

Limit of three, commutation and amplitude

1, after commutation the actual execution of the sentence, sentenced to public surveillance, detention, prison, not less than the term originally decided 1/2; sentenced to life imprisonment, not less than 10 years. The original judgment for the reprieve, after many times of commutation, the actual execution of sentence of not less than 14 years (some say 12 years).

2, the commutation amplitude: less, many times.

Program and commutation, commutation of the sentence of four after calculation program: 1) to determine the right in judicial organs, but the executive organs have the right; 2) above intermediate people's court ruling: in prison and penalty in prison the following shall be ruled by the intermediate court; life imprisonment, suspended sentence, ruling the high court. especially attention time starting point: in prison: from the execution date, first detention term is to be shortened by one day life imprisonment: from the decree computing in custody, no allowance has expired second days; reprieve from the probation test: calculation, shall not be less than 12 years the criminal is held in custody, and the test period is not folded.

3, probation sentence commutation principle: probation is not reduced, but there are major meritorious service, can reduce. The original sentence first decreased, and then shorten the appropriate test period. Can not directly reduce test period.

In section third, the parole system

1, the original is in prison, probation period for the remaining term of his sentence; sentence to life imprisonment, the test for a period of 10 years. The probation period for parole, the parole is calculated from the date of.

2, be a criminal shall comply with the provisions of the four paragraph of Article 84

3, the new A. test period for parole commits the crime if the B. found leaking sin C. are illegal, but not to the extent of crime; illegal behavior of d.. Illegal, illegal without serious restrictions.

Regulation thirty-ninth	Probation seventy-fifth	Parole eighty-fourth
A. comply with the laws, administrative regulations, submit to supervision; B. without the approval of the organ executing the speech, may exercise, publishing, assembly, association, parade, demonstration of the right to freedom; C. in accordance with the rules of the organ executing the reporting his activities; D. comply with the provisions of the executive organ of the; E. left the living city, county, or moved, it shall be submitted to the approval of the organ executing the.	A. comply with the laws, administrative regulations, submit to supervision; B. in accordance with the provisions of the observing organ reporting his activities; C. comply with the provisions of the observing organ reception; D. left the living city, county, or moved, it shall be submitted to theInvestigateAuthority for approval.	A. comply with the laws, administrative regulations, submit to supervision; B. in accordance with the provisions of the supervising organ reporting his activities; C. compliance supervision organ about the meeting; D. left the living city, county, or moved, it shall be submitted to theSupervisionAuthority for approval.

Note: the same control crime, the probation shall be subject to the provisions of comparison, the difference: the regulation made one more duty, i.e. without approval, shall not exercise the speech, publication, assembly, association, parade, demonstration of rights.

A, parole conditions:

1, the premise: applies only to be sentenced to life imprisonment for the crime. 　

2, to prison conditions: prison, execution of more than 1/2; the life imprisonment, the implementation of more than 10 years

3, substantial conditions: application of parole and will not cause further harm to society.

4, the negative conditions: recidivists and sentenced to 10 years of violent crime, parole.

Note: the act committed several crimes, as long as the violent crime was sentenced to 10 years or more, shall be released on parole.

Elimination of the twelfth chapter of punishment

The first section outlines

The causes of eradication: 1) 2) beyond the limitation of prosecution by Amnesty punishment 3) told to deal with crime, not tell or withdraw) tell 4 criminal suspects and defendants, died 5) other legal reasons

The second section aging

　The limitation of period 1) maximum statutory penalty dissatisfied with 5 years in prison, after 5 years; 2) maximum statutory penalty of 5 years of fixed-term imprisonment of less than 10 years, after 10 years of 3) maximum statutory penalty of 10 years in prison, after 15 years of 4) maximum statutory penalty no period, the death penalty, after 20 years. If that must be prosecuted after twenty years, the matter shall be submitted to the approval of the Supreme People's procuratorate. Note: "above, below, including the number.". Five years after ten years, ten years after fifteen years, fifteen years after fifteen years.

Three, the statute of limitations

The calculation of 1, general criminal prosecution: calculated from the date of the crime. Date of crime refers to the crime, behavior, which conform to the crime constitution day

The period for prosecution, 2 continuous offence or continue to make calculation: from the date of the end of crime.

Extension 3, the statute of limitations: 1) after a people's Procuratorate, the public security organ, the state security organ or the people's court has accepted the case on file for investigation, escapes from investigation or trial, no limitation on the period for prosecution) in 2 victims filed charges within the period for prosecution, the people's court, procuratorate, public security organs should be placed on file and will not put on record, no limitation on the period for prosecution; 3) the maximum prescribed punishment is no period, the death penalty, 20 years after the supreme inspection approval of prosecution, no limitation on the period for prosecution. Note: by the judicial organ for investigation or the admissibility of the case although no limitation on the period for prosecution, but crime later still limitation on the period for prosecution.

4, the statute of limitations interrupt:

The new crime and crime in the period within the period for prosecution of the former crime, accessory after the date of the crime. The period after the expiration of the crime if the limitation period for prosecution, the crime is not full, it can only be investigated for criminal responsibility of the crime before the. According to the calculation of stolen goods price, not by the amount of stolen goods, joint crime according to the total amount of common crime. Whoever finds the time to pay attention to the aging problem. The date, but also pay attention to the responsibility age; pay attention to the problem of recidivism.

The third section pardon

1, including Amnesty and pardon pardon. Amnesty is exempted from the penalty, and free of crime; the punishment not only avoid the amnesty, his. Under the premise of amnesty, there is no recidivism. 2, our country only existence of amnesty system, and no amnesty.

In the thirteenth chapter the theory

1 penalty point: relates to several crimes, kidnapping and murder and rape, trafficking in women; the aggravation situation, 2 common crimes such as robbery, rape, trafficking in women and children; 3 specific statutory aggravating circumstances, such as the crime of illegal detention China house staff, torture to extract confessions of serious injuries or deaths, post and staff dismantle private mail, telegraph, steal property; special punishment 4 general, specific: surrender, meritorious service, minor, recidivism; 5 criminal law concurrence:

There is concurrence of law, leading to a crime of violation of the law more, this is called a crime. The concurrence of articles of law is a crime standard, better than the general, but the law is superior to the light of law.

Overlap of articles of law and imaginative jointer of distinction, the imaginative joinder of offenses infringe a number of legal interest (interests) and no correlation between the number of clauses involved, take any clause conviction package is incomplete. The concurrence of articles of law is a crime standard, take any appropriate provisions.

The fourteenth chapter crimes of endangering national security

A common problem

1, this chapter is easy to form the special recidivist crime; 2, to be deprived of political rights.

Two, the specific problem

A) funded the crime of crimes of endangering national security (107): essentially help offender, but the conviction alone two) the staff of state organs to escape: subject (add: Secrets of the national staff); during the course of performing official duties; a "hazard, threats to national security" acts three) spy the enemy capital crime

1, espionage: ① for espionage organization; ② accept spy organization extremely agent task; the enemy bombardment target indication

2, stealing, spying, buying, illegally providing state secrets, intelligence crime (if people know or should know the great interests of states as knew or should have known)

3, inciting the fission country crime: by spreading rumors, slander or any other means to subvert the state power or overthrow the socialist system, behavior (behavior crime, a behavior is accomplished);

The fifteenth chapter of the crime of endangering public safety

1     The crime of endangering public safety: refers to the intentional or negligent, implement harm or harm to people not specific to the life, health or major public and private property

Security (public safety) act.

2 in a dangerous means to endanger public security crime, fire, explosion, poisoning, by water or by other dangerous means destruction of public or private property, endangering public safety. (the main attention to solve water of the crime is not included under the age of sixteen, fire, explosion, poisoning include)

3 destroy public tools, utilities: 1) the common public properties or public related 2) must be in use as the standard, to deliver;

4 crime of destruction of means of transport 1) train, car, tram object: ships, aircraft, 2) the destructive means: the key parts of the destruction of means of transport

5 crime of combustible or explosive equipment: relationship with arson, the crime explosion is overlap of articles of law, this article is special provisions, should according to the processing.

6 organization, leadership, participating in terrorist organization: organization, leadership and actively participate in a terrorist organization and by the terrorist organization commits murder, explosion, kidnapping and other criminal activities as implicated offender treatment

7: Hijacking aircraft in China including civil and military aircraft, but in the international convention, only refers to the civil aircraft. Violent crime of endangering safety of flight object: can be driving personnel, service personnel, can also be a passenger. Objective: the purpose of controlling aircraft hijacking

8: the crime of sabotaging power equipment for power equipment is in use.

9 failure of radio and television, public telecommunications facilities crime of larceny, pay attention to the relationship is how to deal with

10 firearms and ammunition crime: 1) illegally manufacturing, trading, transportation, mailing, storage of firearms, ammunition, explosives sin two) illegal manufacturing, sale of guns

The subject of the crime: qualified manufacturing enterprise, sale of guns. Objective aspects include three kinds: one is for the purpose of illegal sale, exceed the limit or not according to the rules of the variety manufacturing, engaged in rationed sale of guns; two is for the purpose of illegal sale, manufacture without number, weight, fake guns; three is the illegal sale of guns or sell in domestic made for the export of firearms. 3) illegal possession, possession of firearms, ammunition, behavioral offense, it need not cause serious consequences, it can constitute a crime.

(1) the illegal storage: knowing that others illegally manufacturing, trading, transportation, mailing of firearms, and its storage.

(2) the illegal possession of: not equipped with guns, configuration of the conditions of the people, in violation of the provisions, unauthorized possession of firearms act.

(3): in accordance with the law, illegal possession of firearms with allocation of personnel, after the disappearance, configuration equipped with guns conditions,

(four), the crime of illegal rental gun

"Lawfully equipped with guns for the discharge of official duties of personnel" (police, bank protection unit) as long as the lease, lend the guns would constitute a crime; "lawfully equipped with guns" (athletes, herdsmen, Orion, shooting) in the lease, mandatory, causing serious consequences to constitute a crime. Knowing that if the other party to crime and lease rental, constitute accomplice.

(five) crime of losing firearms without report: no timely report and cause serious consequences

10 traffic accident crime, "criminal law" article 133rd

(1) subject: general subject; the driver outside the person can also constitute the crime of traffic accident, in charge of personnel, units of motor vehicles or motor vehicles of all Contractor instigate, or force others to drive significant traffic regulations for the crime of conviction and punishment (not to mention the accomplice problem). After the accident to escape causes death to the victim, an accomplice.

(2) temporal range 1) aircraft, train behavior does not constitute the crime of traffic accident; 2) in addition to the public traffic management does not constitute the crime of traffic accident;

3) the ship collision, the crime of causing traffic casualties.

(3) the objective conditions of traffic accident crime behavior (related regulations and consequences) 1) full responsibility with primary responsibility for more than one person was killed or seriously injured more than three people or cause direct loss of more than 300000 public and private property and cannot afford the compensation. One of the more serious one and is under any of the following circumstances: drunk, after taking the drug driving without a driving license; ②; ③ knowing condition; and knowing that without the license, end-of-life vehicles; ⑤ serious overloading of the escape. 2) equal responsibility: the death of three people above 3) secondary responsibility or no liability for traffic accident causing death (7 years) is the result aggravated behavior, refers to the not timely assistance to the death of the victim, note was caused by the death, not constitute the crime.

(4) the escape problem 1) negative escape, to escape the legal sanction. 2) positive escape, take measures actively, and directly led to the victim's death, if the crime of causing traffic casualties, and intentional homicide crimes.

10 major liability accident crime

1) subject: factories, mines, forestry, construction enterprises or other enterprises, institutions and workers; 2) occurred during production operation time.

11 major labor safety accident crime, crimes of safety accidents of educational facilities and fire liability accident crime

General: knowing that the safety hidden trouble and refuse to rectification and accidents.

The crime of major accident 12 project: construction units, design units, construction units, engineering supervision units (mainly is the unit crime) in violation of state regulations, reduce the engineering quality standard, causing major safety accident, the workers on the construction site of the accident, should set a major liability accident crime.

The sixteenth chapter destroy the order of socialist market economy

One, on the production, sales of fake and shoddy goods crime

1 production, selling fake or substandard products 1): fake products in general, not including building products (a major liability accident crime of amount of Engineering) 2): sales in the amount of fifty thousand yuan, and the value reached 150000, sales and shoddy products constitute a crime.

2 production, sales of counterfeit crime and production, sales of substandard drugs crime (not including veterinary drugs) the difference between the two crimes: object is different, the difference between fake medicines and medicines of inferior quality

3 production, sales do not meet hygiene standards of food and the crime of producing, selling poisonous and harmful food, crime: 1) of toxic, harmful food (such as alcohol) and does not conform to the hygiene standards of food 2) is caused by the difference in the process of production, sales

Sin cosmetics 4 production, sales do not meet the health standards to be serious consequences as characteristics of objective aspects.

Application of Rule 5 Law: if the behavior is a 140 crime and the composition of 141 -- 148 of the crime, choose a heavier punishment.

Two, the crime of smuggling

1, the essence: evade Customs supervision, evades duty 2, contraband (object: there is no limit to the amount of ordinary goods) and 3, 1) around the behavior 2) from 3 through 4)) disguised smuggling Object: tax reductions and exemptions, the bonded goods 5) indirect smuggling of knowing is smuggled goods directly from the smugglers to buy. ② in inland waters, territorial sea , river, lake, purchase, transportation selling prohibited articles, or transport, buy, sell the goods, goods import and export restrictions.

2, crime of smuggling cultural relics and the crime of smuggling precious metalsObject: the State prohibits the export of cultural relics, gold, silver and other precious metals. If imported, according to Article 153 of smuggling ordinary goods fixed charges. If the overseas gold carrying to the territory, shall be subject to customs supervision, and payment of customs duties in accordance with the law, or if the duty evasion amounted to 50000 yuan or more, shall constitute a crime of smuggling ordinary goods, crime.

3, the concept of smuggling ordinary goods, goods crime of smuggling crime is a kind of crime, not the specific charges. Usually can't choose it as a crime. 1): more than 50000, the amount of smuggling untreated, the accumulative calculation. 2) Note: disguised smuggling and smuggling 3) indirect accomplice: whether pre plan. Smuggling armed, he shall be given a heavier punishment

to smuggling crime situation: the direct purchase of private (illegal reselling are illegal behavior) in the inland sea, territorial sea transport, purchase, sale to prohibit the import and export of goods or restrict the import or export of goods, respectively, in accordance with the relevant crimes of smuggling;

Three, such as the enterprise management order crime

(a) the crime of false registered capital and false capital contribution, smoke escape capital crime

The difference: object 1, deceive the different: the former, unit in charge of the company registration; the latter, other shareholders or promoters. 2, time of occurrence of different:

The former, before the establishment of the company and established process; the latter, after the establishment of companies.

(two) companies, corporate officers taking bribes and the company, the enterprise personnel bribery

The difference and the bribery crime: the subject: the different nature of different position: the nature of the business of public property;

The difference between the crime of bribery and Bribery: different objects: one for enterprise staff, non official person; a national staff;

(three) the crime of illegal business operations and the crime of illegal profiteering for relatives

1, the crime of illegal business operations 1) and the crime of illegal business operation phase difference between 2) subject: State-Owned Company, enterprise's board of directors, manager

2, the subject of the crime of illegal profiteering for relatives of three conditions: State-Owned Company, enterprise, institution staff: 1) using the convenience of duty; 2) the implementation of one of the following three kinds of behavior: the unit profit business by their relatives and friends for operation; to obviously higher than market prices to their friends and family management unit purchase goods or to significantly below market prices to their relatives and friends management unit sales of commodities; to their relatives and friends management unit purchase substandard merchandise. 3) resulting in heavy losses of the interests of the state.

(four) signed the contract, subject of the crime of dereliction of duty was: the directly responsible personnel in charge of State-Owned Company, enterprise, institution, state organ staff

And "in the crime of malfeasance, staff of state organs to perform the contract signed, the crime of dereliction and being deceived," separate malfeasance will government and enterprises, and the crime of accepting bribes is not four, the destruction of financial management order crime

Ancient coins do not constitute monetary crime, crime of fraud.

1, after the sale, use forged, hold, transport behavior, is to absorb the direct determination of the crime of counterfeiting currency crime shall be given a heavier punishment in appropriate. In order to counterfeit currency and mold making counterfeit money or provide mold to counterfeit currency crime. The difference between the 2, use and sale of counterfeit money selling is both desirable, use a fraud. 3, hold a counterfeit

★ the sale of counterfeit currency crimes is known to be counterfeit paid to transfer to others, the large amount of behavior. The objective is usually lower than the face amount to the sale of fake currency, can be expressed as counterfeit and genuine currency transactions between, also may display for the exchange between counterfeit and physical.

★ purchase of counterfeit currency crimes refers to the others holding counterfeit currency to purchase, a large amount of behavior. The crime. Two or more than two people, crime means opposing each other through collusion and established, because the behavior of human and each has its objective, each on its own responsibility, no criminal intent liaison between each other, so do not take the common crime theory.

★ counterfeit currency crime is knowingly is counterfeit as (i.e., posing as a true money) used in economic exchanges, in daily life, which does not have the universal force of counterfeit money to act as a real currency circulation, large amount of behavior. 　　

★ possession of counterfeit currency crimes is known to be counterfeit currency instead of the actual domination and control, a relatively large amount of behavior, amount is the big crime, par value $four thousand.

(four) forged, altered financial tickets: refers to forged, altered financial tickets, any one of the following acts: 1 forged, altered drafts, promissory notes, cheques; 2 forged, altered certificate, remittance documents, certificates of deposit, and other bank settlement vouchers; 3 counterfeiting, altering letters of credit or attached with the documents, documents; 4 counterfeit credit card. Implicated offense: forged, altered financial tickets for the crimes of financial fraud, belongs to the typical implicated crime, felony punishment. Point: the difference between fake country related charges, securities company, corporate bonds and forging financial coupons crime, crime of fraud and other financial instruments. The object of forgery of national securities crimes are treasury bills or other negotiable securities issued by the state;

The object of falsifying the company, corporate bonds, corporate bonds and stocks are corporate bonds, stocks sin = forged; forged financial coupons crime the crime object mainly includes: drafts, promissory notes, cheques, credit card, credit card and bank settlement vouchers etc.. But does not include: securities, corporate bonds.

(five) the insider trading, disclosing inside information crime

1, the insider information: in accordance with the provisions of laws, administrative regulations, as insiders are aware not disclosed and may affect the price of securities market information. Does not include the information analysis and prediction of open content. 2, subject: insiders

(six) the subject of the crime of evading: confined to the unit, but is not limited to the state-owned units

(seven) the crime of fraudulent purchase of foreign exchange Use forged, altered documents, documents means to purchase foreign exchange, is implicated offense punished, according to.

(eight) the crime of money laundering is illegal income specified drug crimes, organized crimes of the underworld, terrorist crimes, the crime of smuggling and the revenue generated, and hide, conceal the source and nature of the behavior.

5 kinds of behavior of 1, Money Laundering: 1) provide capital account 2) to assist the property into cash or financial instruments 3) through the transfer or other payment assistance funds transfer 4) helping remit funds to 5) other ways to cover up, conceal the source and nature of the crime of illegal income and its revenue.

Object: 2, 4 kinds of money: 1) 2) drug crime organization crime of underworld nature crime of terrorist activities, 3) 4) the crime of smuggling.

3, main body includes unit.

(nine) the crime of manipulating the security marketControl methods: 1) individually or in collusion, financial strength, ownership advantage or take advantage of information jointly or continuously trading, manipulation of securities trading prices 2) colluding with others, to the predetermined time, price and mode of securities trading or traded securities not held by affecting the prices of securities trading, and securities trading volume 3) to themselves as the transaction object, from stocks without transferring ownership of the stock, affect the price or volume of securities trading 4) manipulation of securities trading prices by other methods

(ten) occurred in the financial institution about embezzlement, misappropriation of special provisions of bribery

The insurance company staff fabricate non accident false claims, with job occupation crime, the State-Owned Company to the crime of corruption; financial institutions misappropriation of funds to the crime of misappropriation of funds, a State-Owned Company to the crime of embezzlement of public funds.

Five, the crime of financial fraud

(a) common problems: have occupied property, and fraud is overlap of articles of law problems.

(two) the specific content

1, the crime of loan fraudSubject: a natural person in general, not including units. Objective 1) up to introduce capital, project false reasons; 2) using false economic contracts 3) using false documents 4) using false property right certificates or duplicate guarantee exceeding 5) defrauding loans by other means;

2, the bills defraud crimeObjective 1) use forged, altered drafts, promissory notes, cheques and use 2) knowingly voided drafts, promissory notes, cheques and use 3) using someone else's draft, promissory notes, cheques issued 4) lip-service or seal is not in conformity with the cheque for property 5 drafts) promissory notes issued, no funds to ensure the drafts, promissory notes or making false records in the drawer, cheat. Using a forged, altered certificate, remittance documents, certificates of deposit, and other bank settlement vouchers shall be punished under the preceding paragraph

3, the letter of credit fraud and credit card fraud

　　Credit card fraud. Behavior: the use of forged or fraudulent use of credit cards to others; malicious overdraft. Credit card does not constitute this crime.

　　Identification: counterfeit credit card fraud is implicated offense punished, according to.

credit fraud - objective behavior: 1) the use of forged, altered documents, letters of credit or accompanying documents 2) use of invalid credit card 3) fraudulently obtaining a letter of credit 4 methods of letter of credit fraud) to other activities.

4, the crime of insurance fraudObjective 1) the insured intentionally fabricates the subject-matter insured defrauds insurance money, 2) the applicant, the insured or the or the beneficiary intentionally causes losses to the occurrence of an insured accident insurance scam degree, 3) the insurant, the insured or the beneficiary fabricate non insurance accident, defraud insurance gold 4) the insured, the insured intentionally causing the loss of property insurance accident insurance scam, 5) the insured, the beneficiary intentionally causes the death of the insured, disability or illness, defrauds insurance money. The crime mentioned in the preceding paragraph number: Fourth, fifth of the act, which also constitutes another crime, shall be punished in accordance with the provisions of graft (a behavior intentionally causing the loss of property insurance accident, defrauds insurance money by deliberately causing the death, or insurance, disability or illness, defrauds insurance money, at the same time constitutes another crime the combined punishment for several crimes, punishment according to regulations).

Six, the harm tax revenue collection crime

1 of tax evasion crime: the subject is a special subject: tax, withholding agent. Punishment condition: the amount of tax evaded tax payable shall be accounted for more than 10% and the amount of tax evasion in ten thousand yuan of above, because the tax is the tax authorities to give two administrative penalties and tax evasion (withholding agents to meet this condition does not constitute the crime of evading taxes)

2 export tax rebate fraud crime: the false export reports or other fraudulent means, defrauding export tax refund. Attention should be paid to this crime and to distinguish tax theory. The taxpayer to pay tax, to deception for the payment of taxes, the tax evasion crime, cheat more than the tax, to export rebates on crime.

3 tax revolt crime constitution characteristic. Refers to the means of violence or threat, refuses to pay the tax payment behavior. If the behavior of people in violent resistance to pay tax crime, the violence causing serious injury or death, shall be in accordance with the principle of punishment of implicated offender, one felony offense, that should be set respectively the crime of intentional injury, intentional homicide. That is to say, the violence crime of refusing to pay taxes in the "violence" in principle cannot contain intentional injury, intentional homicide

Seven, crimes of infringing on intellectual property rights

1 the crime of counterfeiting registered trademarks 1) if the circumstances are serious, the large amount of the same product using the same 2) is a registered trademark of. As in the use of the same trademark products are similar, does not constitute a crime, is a kind of tort. But if the circumstances are serious will be selling the production of inferior products, the crime. Behavior of counterfeit shoddy goods production in the registered trademark should be punished, a felony;

2 copyright infringement crime 1) without permission from the copyright owner, reproducing and distributing a written work, music, film, television, video works, computer software and other works 2) publishing others enjoy the exclusive rights of books 3) without recording producer licensing, issuing the copy produced the recording 4) production, sale of fake others sign art works.

3 sales of the infringing copies of copyright infringement and if sales behavior, crime, the crime of infringement of copyright law to be punished; if the offence of the crime of infringement of copyright at the same time, also knowing is an infringing copy others sales, constitute a crime, should be combined punishment for several crimes.

4 commercial secret infringement behavior: 1) obtaining, using or disclosing one; 2): refers to the commercial secret is not known to the public, can bring economic benefits to the obligee, technology information and management information is of practical use and the right to take security measures; 3) if the theft of stolen technological achievements, should be based on the crime of infringing on business secrets penalty. It requires a serious loss, no consequence does not constitute a crime. For stealing, luring, coercion or any other improper means to obtain commercial secrets of others, the secret manufacture products and counterfeit registered trademarks and then using the business, should be recognized as one act violates several charges, a felony punishable.

Eight, crimes of disrupting market order

1 the contract fraud crime of illegal possession for the purpose, in the process of signing and fulfilling the contract, for the other party property. Fraud 1) in the fictional units or infringe upon the nominal contract (borrow not) 2) with forged, altered, or invalid negotiable instruments or other false certificates of property rights 3) no actual ability to perform, to fulfill the contract or small part to perform the contract, the other party to sign and deception the performance of the contract 4) receiving the other party goods, payment, advance payment guarantee property or go into hiding after 5) with other methods for the other party property.

2 the illegal business crime 1) unauthorized business exclusive products; tobacco, salt 2) the sale of import and export licenses and other relevant batch certificate; 3) there are other seriously disrupt the market order behavior. Including: behavior, I. in the state designated foreign exchange trading places the sale of foreign exchange of serious; II. printed illegal publications (feudal superstition, obscenity etc.), but not to the crime of infringement of copyright or obscene goods crime, crime of inciting split of the state and so on.

3 the crime of false advertisingFalse advertising and selling fake and inferior products, this time for the two crimes, punishment according to one felony punishment of implicated offense, the false advertising means.

4 Forced Transaction CrimeAttention and blackmail and impose exactions on crime (in the amount of 3000 yuan) difference

The seventeenth chapter encroaches upon the citizen personal rights, democratic rights of crime

The crime of intentional homicide, intentional injury crime, the crime of negligence causing death.

1 the difference between intentional homicide and the crime of intentional injury, intentional content is different. The former is deliberate deprivation of life, the latter only harm health purposes. If a sudden case, can not be proved to be homicidal intentionally or harm intentionally, not avoid the consequences of the behavior of people under the premise, to the theory, people die for the kill, not die for damage.

2 the difference between intentional injury and death caused by negligence. Difference is that the cause of death of behavior whether the nature of the injury.

3 Dutch act behavior and related question 1) help Dutch act Acts 2) Dutch act of abetting behavior constituted the crime of intentional homicide, 3) forced Dutch act actTwo,The crime of rape: should pay attention to whether the use of violence, coercion to determine whether the violation of women's will; on the other hand also not only from the women whether resistance

 To determine whether the violation of women's will. Other means of rape: anesthesia, irrigation wine intoxicating, religion, superstition doctor excuse treatment. And mental disease of women,

The disease of women have sex: the key to see whether the actor that women are disease, dementia in patients with mental illness. Transformation of rape and adultery: first

After the rape, adultery, which constitute the crime of rape; after rape of adultery, not be investigated for criminal responsibility in the crime of rape.

Crime of carnal knowledge of a child. The object is under the age of 14 young girls. Regardless of method, young girl or the parents agree to all can constitute a crime, and accomplished the contact said, if people should know the victim for the young girl with the theory.

Five kinds of aggravating circumstances of rape crime: 1) the rape of women, having sexual intercourse with a minor plot bad 2) raped women, more than 3) of having sexual intercourse with a minor in public and the rape of women 4) more than two gang rape 5) cause the victim serious injury, death or other serious consequences.

Three, violation of the personal freedom of the crime

1 of the crime of illegal detentionA typical continuous crime. Illegal detention of causing serious injury or death belongs to the illegal detention of aggregated consequential offense. Such as the use of violence to cause disability, death, to the crime of intentional injury, intentional homicide on. Essentials of aggregated consequential offense and transformed crime difference Is it right? Intentional violence causing serious injury.

The only requirement 2 kidnapping extortion is not guilty. Behavior person acts that accomplished, not by whether the property is the result of demand. Whether intentional killing, or causing death, causing the death of people kidnapped sentenced to death.

The crime of abducting and trafficking in women and children 1 3) subjective characteristics are for the purpose of selling, objective, kidnapping, kidnapping, trafficking, transporting, buying transit acts, acts done acts that accomplished

aggravating circumstances: Department for more than ten years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property; if the circumstances are especially serious, the death penalty, shall be confiscated. 1) primary molecular group of trafficking in women and children, 2), more than three people trafficking in women and children 3) rape abducted women; 4) deception, forcing abducted women to engage in prostitution or those selling abducted women to prostitution, 5) for the purpose of selling, the use of violence, coercion or anesthesia abduction of women, children 6) for the purpose of selling, stealing a baby 7) causing abducted women, children or their relatives serious injury, death or other serious consequences 8) women, children will be sold to overseas.

4 buying abducted women and children crimeBuying women after sexual intercourse behavior, illegal detention, injurious to the combined punishment for several crimes;

5 the hinder the rescue of bought women and children emphasizes the importance of the crime forms, such as behavior but not the form can constitute the crime of obstructing the.

6. , a crime of false accusation is a typical behavior crime, refers to the behavior made up the facts of the crime of false accusation to state organs or units concerned, attempt to subject others to criminal investigation error.

D: false accusations that frames the crime, libel, revenge against crime.

Distinguish: Crime of false accusation refers to the intention to make the person subject to criminal investigation, and deliberately fabricated facts of crime reported to the relevant authorities act. Libel refers to fabricating facts to slander others, crime objective to belittle others personality and dignity, visible, made defamation fact is not the facts of the crime.

The revenge against crime required behavior must use their power, jobbery. The problem of distinguishing crime of false accusation and libel, the key lies in the nature of "facts", fabrication as well as the perpetrator of the crime purpose is dignity intent to make the person subject to criminal investigation or demeaning to others.

7 the 247th subject of the crime of torture to extract confessions is limited to the judicial staff, the objective requirements of the judicial authority, the subjective requirements extort confession for the purpose, object is suspect, the defendant ; and the crime of intentional injury is the difference between this crime has the extort confession. Such as torture to extract confessions lead to disability (not seriously injured, heavier than seriously), death by intentional injury, intentional homicide crime (transformed crime), and to be given a heavier punishment. And the violence of difference is that different objects, the former is on criminal suspects, defendants, and the latter is for the defendant.

8 abuse regulated human sin is the main regulators; beaten or corporal punishment, abuse, if the circumstances are serious, constitute a crime; if the circumstances are especially serious, department for more than three years to ten years in prison. Cause disability, death, into intentional injury, intentional homicide.

9, the crime of insult, libel two difference between crime of lies, libel is concoctive fact to harm others personality right, right of reputation, and insult is through violence or words.

The 10 child labor in critical labor crime, child labor: 1 under the age of 16, 2 acts in three ways: first, in the super strength physical labor; second, high-altitude, underground work; third, engaged in labor in the explosive, flammable, radioactive, toxic and other dangerous environment. 3, identified: hire minors under the age of 16 to engage in labor cause accidents, constitutes another crime, shall be punished in accordance with the provisions of graft

Six, obstruction of the marriage and family rights crime

1. violence crime of interference with the freedom of marriage, including marriage also include divorce. Five tell just processing of interference in the freedom of marriage: violent crime, crime of abuse, insult, libel, the crime of embezzlement. Note does not include the crime of abandonment.

Bigamy refers to a spouse and marriage with others, or knowingly marries a person who has a spouse's behavior.

The crime of destruction of military marriage 1) known to be active duty military spouse and get married and cohabiting 2) 3) and long-term adultery, destroy the poor families of soldiers

　  Two active duty soldiers bigamy or cohabitation, and their spouse is a serviceman, does not constitute a crime.

Crime of abuse if abuse one-time put people into serious injury, death, is directly fixed to deliberately hurt or kill. Abuse of negligence resulting in the victim's injuries, death, or to abuse crime, aggravated circumstances, and not applicable to tell just processing.

The crime of abandonment is a kind of typical negative crime, is a special subject; behavior has the characteristics of continuous crime; criminal object is not a member of the family self-care ability; identified: 1) if the forsaken have an obligation to be abandoned when, is pure omission offense, do not immediately lead to the death of the victims, only constitutes the crime of abandonment, cause of death, belonging to increase; if hope or indulge the victim's death, is the crime of intentional homicide 2) abuse, is mainly for the purpose of revenge, anger, abandoned is thrown.

The eighteenth chapter crimes of property violation

　The intersection point of a robbery, assault and crimes of property violation. The 1. object: the property of others, if my property in public authorities seized under the act, if violence rob, can also constitute the crime of robbery, if the theft, also constitute the crime of theft 2 pay attention to other means, such as anesthesia, irrigation wine, kidnapping crime, but must be made. 3 to pay special attention to the crime of robbery, there are three conditions 1) committed theft, fraud behavior, the crime of seizing 2) on the spot the use of violence or threats of violence 3) objective: to resist arrest, harboring stolen property, destruction of evidence one can, carrying weapons snatch the robbery theory "mob beating" destroy or take public property, the ringleaders, convicted and punished for robbery

Eight aggravated burglary 1) 2) robbery on public transportation 3) robbing banks or other financial institutions 4) repeatedly robbed or large amount of 5) robbery causing serious injury, death 6) posing as police officers armed robbery robbery of 7) 8) robbing military materials or disaster, disaster relief, relief materials.

Behavior person to rob prior MI murder dead, still be robbery.

According to homicide murder for money, not on wealth;

Behavior person for the purpose of murder, murder and later found property, lead away the sheep by the way away, to murder and theft crimes;

Rape women to take the property, in order to robbery and rape crimes;

When rape while people don't pay attention to take the purse, rape and theft crimes.

The difference between the crime of robbery and blackmail and impose exactions on violence in the crime of robbery: must be sufficient to inhibit each other against the degree, but does not require in fact inhibit each other. Therefore, in order to not be able to curb violence against each other slightly has the property of others, should be determined as the crime of blackmail and impose exactions on.

Example 1: B often invite a wife playing mahjong, therefore resulting in a marital discord. One day, B and a wife invited to B home playing mahjong, a learned later to B's, overturned the mahjong table, playing the B ears, and the second says: "you destroyed my family, must pay 5000 yuan."

Answer: the crime of blackmail and impose exactions on.

Forced to plunder property, refers to the violation of the other party will transfer to own property or the third party. Usually includes four types: one is behavior person himself seized property directly, take away the victim's possession; two is to force the victim was delivered (punishment) property; three is the violence, coercion forced behavior, while the other did not pay attention to property on the spot take their property; four is in the use of violence, coercion behavior at the victim fled, because of fear, will be on the side of property left at the scene, people took the property on the spot. It should be noted that, on the one hand, for "spot" can not be understood too narrow. Between violence, coercion and obtaining property although continued for some time, also do not belong to the same place, but look from whole behavior and uninterrupted, can be identified as the spot to obtain the properties.

Cases of violence against B 2:A, forcing B to deliver the property, but the B A B penniless, immediately took out of house property, or a way to obtain property B. Answer: the crime of robbery.

The perpetrators of violence, the victim was found broke, and then make the murdered man to deliver the property, should be identified as robbery (attempted) crime and crime of blackmail and impose exactions on, be punished. On the other hand, the "on the spot" can not be understood so absolute. If people were implemented to inhibit each other against violence, make the other side after the delivery of the property, can be identified as the crime of robbery.

Example 3: a village in the village in 4 10 years old to 12 years old children to play, then go and find them for money, 4 children said no money. A ferret out one kid B, tied, hung upside down, with a whip, and cigarette burns, causing minor injuries. Then tell B and 3 other children second days to a designated location to pay, otherwise the consequences will be more serious than B. The next day, each child to a pay 20 yuan, 30 yuan. Answer: the crime of robbery.

The difference between the crime of robbery and snatch:

Robbery violence must be for the people, not including the physical violence. This is the key difference between the crime of robbery and snatch.

The difference between crime and the crime of kidnapping:

In the kidnapping crime for property, only to be kidnapped outside the third for property, otherwise there would not be the kidnapped person as a "hostage".

　　Two, the crime of seizing

Depending on the speed and agility gain property, not by force, such as rob basket. In practice, rob woman's necklace earrings, at this time although hurt women's body, but also to rob on.

If rob process uses violence on the spot, to rob the theory, such as robbery, take away, kicking and punching; carrying weapons snatch the robbery theory (ask the criminal weapon for criminal intent, in a ready to use state, packets in the baggage is not). With lethal weapon is a unity of the subjective and the objective behavior. That requires that the perpetrator is ready to use consciousness. On the contrary, if the behavioral person not to crime and carry certain items, snatch no ready to use consciousness, not the second application of the criminal law 267th.

　　Three, the organized robbery

Is gathering crime.

　　Four, the crime of blackmail and impose exactions on 274th

To threaten or coerce (violence) (privacy, defect) method, strong cable public and private property. The amount requested a big crime.

And the crime of robbery is different from the latter acts of violence on the spot and take the money on the spot (two spot), and the former is the threat of violence is threatened, not make, the only one on the spot.

In some cases A thing for it., such as the one sister and dumped, the beat up force to write IOUs, to blackmail and impose exactions on crime, don't loot;

If the robbery, didn't have money, forcing the write IOUs, was convicted of robbery, not blackmail and impose exactions on crime.

The difference and the crime of kidnapping, abduction is associated with illegal detention and blackmail and impose exactions on, so the difference is that there are no buckle hostage, there is no set up the crime of kidnapping. Hostages were held as accomplished, blackmail and impose exactions on obtaining property for the accomplished offense.

Behavior of fictional kidnapping, arson fact, extort money, set. If the behavior means of implementation, constitute the crime of kidnapping, or arson (+ blackmail and impose exactions on crime).

　　Five, 264th theft (about the theft of judicial interpretation, the calculation to get rid of stolen goods except)

Note the conviction: attempted theft, if the circumstances are serious should be prescribed punishment; the burglary amount little, many can constitute the crime of theft. (three times a year, even though every time the cumulative amount is not large); theft of large amount, but one of the following circumstances, can not punishment, such as I. The invoice amount in twenty-five or more.

Both attempted larceny

The out of control as the standard, resulting in the victim lost control of his property.

Example: a textile factory and a late theft, put 7, 8 cloth horse into the wall, and then out for removal, the cloth is pass by taxi drivers in a C away, then a and B constitute the crime of theft crime.

Steal a car problem:

(1) stealing stealing car driving, even in the burglary amount;

(2) steal drive designed in other crime, theft and other criminal punishment in;

(3) such as stealing drive engaged in other crimes and back to its place, and there is no loss, theft, regardless of;

(4) steal drive after playing casually discarded, theft of theory.

Theft and destruction of public or private property, shall be given a heavier punishment to the crime of theft, constitutes another crime, a crime shall be given a heavier punishment weight selection. Must pay attention to the theft crimes punishable by death in two cases (theft of financial institutions; stealing precious cultural relics).

"Stealing credit card and using modeled on the provisions of this law, article 264th, namely the larceny conviction and punishment.

Another look at the judicial interpretation of article twelfth fifth provisions to cover up the theft or revenge, deliberate destruction of public or private property constitutes a crime shall be subject to the crime of theft and other combined punishment for several crimes, the provisions of the sixth theft technology secrets, in accordance with the provisions of article 219th of the criminal law, namely infringing business secret crime conviction and punishment. To practice driving, recreation and other purposes, multiple drives a motor vehicle, and the motor vehicle lost, convicted and punished as theft; stealing a traffic accident constitutes crime of motor vehicle process, constitutes another crime, should be based on the traffic accident crime and other crime implements several crimes; steal vehicles cause damage to the vehicle in accordance with the provisions of article 275th of the criminal law, conviction and punishment; occasionally drives a motor vehicle, if the circumstances are minor, can not be considered a crime.

Trade secret theft technology, in accordance with the provisions of article 219th of the criminal law of the crime (Crime of infringing on business secrets) punishment.

Some special cases of the crime of theft.

"Stealing credit card use" provisions of the 3 paragraph of article 196th of the criminal law of larceny case;

"Theft can be used for defrauding export tax refunds invoice" is the 210th article of the criminal law stipulated in the 1 paragraph of the magic weapon of larceny case;

"Postal workers dismantle private mail stolen property" is the 2 paragraph of article 253rd of the criminal law in case of magic larceny.

Note: "companies who use their positions to facilitate working convenience to steal the unit property", although it is also a kind of theft from the behavior, but not with larceny, but article 271st of the criminal law of the crime of duty encroachment.

Determination and calculation of the amount of theft

According to "the provisions of the Supreme Court on the theft of concrete application of law interpretation of several issues", for the common case of theft, not to participate in the per capita amount to score, but of the crime of theft of the common participation of the amount of charge. Understanding: first of all should have the integral attention common criminal acts, all participants should be responsible for the overall behavior, but not to cut crime. Criminal acts of individual behavior and then in the common crime implemented separately shall be responsible for its own.

The difference between the crime of theft and fraud

The key difference between fraud and theft lies in: whether or erroneous understanding based on property punishment (delivery). Not as long as the behavior of the implementation of fraud then made property on the establishment of the crime of fraud, because thieves may commit fraud. Theft is the indirect principal offender, thieves can use deception by not having to dispose of property rights or the status of people who acquired property. For example the laundry manager A B porch basking in the suit, they deceive the store temporary C said: "B to wash the suit, but did not have time to send you to go home; B corridors in suits and." C for gospel truth, and suit to A, A will take forcible possession of suit (hereinafter referred to as the suit case). C apparently cheated, but he just A theft tool only, do not have sanction to suit B A holds authority or status. Therefore, the establishment of A theft (indirect). Disposition means to transfer the property to behavior person or third plays, namely behavior person or third party in fact control properties. As for whether the victim has been transferred to the behavior person or third person play, on the one hand, to judge according to the general idea of society, namely, in the circumstances, whether the general idea of society that the victim has to transfer the property to the behavior person or third were in fact control or control; on the other hand, dupe if has the property is transferred to the behavior person or third party to dominate or control. For example, A pretends to buy suits in the commodity, the salesman B let the fitting suit, A put on a suit and then claimed to look in the mirror, B to receive the customer, A took the opportunity to slip away. The establishment of A theft. Because although B cheated, but he didn't because the deceived and suit to A possession of disposition and disposition. If A put on a suit, said to B: "I bought the suit to agree with his wife, I would charge card here, such as the wife agreed, I come back tomorrow to pay; if the wife does not agree, I also return to suit tomorrow." B agreed that A will suit to wear home, but A was using a fake ID, the next day no money or suit to B. then, A acts constitute a crime of fraud. Because B allows A to suit to wear home, actually has the suit is transferred to the A command and control, the disposition is because be caused by, so, in line with the characteristics of the crime of fraud.

The difference between theft and Embezzlement

The key distinction between the crime of theft and embezzlement, is in the judgment as the object of crime whether the property from the possession and possession by who. People 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. Characteristics of embezzlement crime is illegal possession of the property change myself for all, therefore, as long as a possession has the possibility to be punished, it belongs to the crime of Embezzlement

So long as is dominant in the field of property in other facts, even if others have no reality or monitoring, also belong to the possession of others. 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.

Although in 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. Moreover, any property is hanging in the other door, window, by the possession of others.

The master raised, with back ability or habit of pet pet, regardless of where, should be identified as owner occupied.

The original possessor lost his possession even, but when the transfer of building property managers or third accounts sometimes, should also be considered to occupy others' property. For example, in a taxi passenger forgotten property, belonging to the taxi driver possession, although relative to passengers to forget things, but with respect to the taxi driver, is the possession of the property. So, the third taken from the taxi in the behavior of property, should be recognized as theft.

And when the number of co management of certain property, but also exist in the relation, the lower is also possessed the property?

For example, the private store owner and the common management store clerk whether property, possession of store belongings?

It should be that, in this case, the possession in criminal law usually belong to the upper (owner), but does not belong to the person (Assistant). 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.

　　Six, 266th of the crime of fraud

The 1 section: Structure: five deception, the victim in the wrong understanding, make a disposition of property crime victims, the benefit of the people, damaged.

Zhang San find a friend Li Si borrows money business, but Li Siming knows Zhang San drug to business without money, or borrowed, this does not constitute fraud, because Li four not in the wrong understanding.

Note the distinction with theft. (note to exercise the theft may be fraud, fraud for the victim to act of disposition, substantial such as behavior people pretend that customers to the store to try to wear expensive clothes, behavior of escape, theft, try not to act of disposition (if behavior claimed credit Cary no money, in a hurry, the ID card buckle down, wearing clothes away, for fraud); pick jewelry, to ladle false with the crime person, at this time should be selected for theft, not punishment; from the factory to steal something, the guard found that director, pull, theft of theory).

The 2 identified: special fraud provisions of the law, the priority for the special provisions in accordance with the law concurrence principle.

For example, the act of forging certificates of deposit (forge financial coupons crime), take the certificate to sign the loan credit cooperatives (financial documents fraud, loan fraud crime, did not sign the contract and contract fraud), take out one million spent: forge financial coupons crime and is implicated in behavior, behavior violates several charges, crime of financial certificate crime, loan fraud, contract fraud, a heavier punishment: the financial documents fraud.

In some cases, theft and fraud intertwined

Example 1: B and B to a construction site to site property, a duty personnel is cheated out, then a B to the site looted property, B and B constitute the crime of theft. Example 2: one in the vending machine with an iron instead of coins, acquisition of wealth, if things go on like this, would constitute the crime of theft.

The difference between the 3 and blackmail and impose exactions on Crime

Fraud is a fictional fraud make people into error, unaware of the truth and the surface of voluntary delivery of property;

Blackmail and impose exactions on is to make others feel fear and extortion (there may be cheating, but the essence is blackmail).

For example, son lied about being kidnapped cut off fingers to father money to redeem, Ding blackmail and impose exactions on crime, not fraud.

3 fraud and commercial fraud (false, false advertising) difference

If the difference between production and sales of fake and shoddy goods crime, as long as there is a point of sale, on the set of specific crimes, but no transaction content, if the fraud.

For example: Wuhan someone says to turn water into oil, sold to several tons, making millions, court decision, production and sales of fake and shoddy goods crime.

　　Seven, the crime of Embezzlement

In particular to the depository, the forgotten things, buried and refused to act not surrendered.

Characteristics: legal possession, illegal embezzlement. The crime happened after a legally held to constitute a crime.

The crime of embezzlement is a lawful possession of illegal embezzlement, misappropriation of intent after produced in legal possession, lawful possession of goods is the premise of this crime.

The crime of theft, fraud refers to the crime of thought and behavior are produced before holding the property of others, and by stealing, defrauding the formal control of the property of others.

Note the forgotten things is not equal to the lost property, lost property can not be caused the crime, but only constitute unjust enrichment.

For example:

Riding a bike, someone in the house, was in car frame, take the package, constitute theft;

Taxi access, people did not come down, go out to look, the driver saw bag in the car, and drove off, constitute theft; if people just get off, driving away, can't catch, constitute robbery;

Drive to cargo, shippers and goods, driver asked the owner to see the tyre has no gas, the owner to get off, the driver will be vehicles freight car, constitute robbery.

If the goods in order to deceive, drive to take the business, goods that drove away, it will be fraud.

B as a result of a business trip if the notebook is stolen, will give the neighbors to keep a B, but B the notebook sale, a back, a B told stolen a home, a laptop was stolen. A constituted the crime of embezzlement.

Crime, larger, more than 5000 yuan; and refuse to return;

Typical dear action.

The 271st section first special duty embezzlement and misappropriation distinguished from the subject company, enterprise or other unit personnel. embezzlement is subject to a management function as the premise, the main line for the custodial staff, such as only the general labor personnel can only lead to theft. Different from the corruption crime and corruption must be official nature (including appointed to manage state-owned property). Is the difference between business and official embezzlement embezzlement. 272nd crime of misappropriation of funds, foreign private legal patch appearance can make.

Article 273rd the specific payment disaster relief, rescue, flood prevention of crime, special care, poverty alleviation, immigration, and social relief and misappropriation of public funds is different from the former is diverted to non personal use, in violation of the provisions is earmarked for personal use, such as constitute the crime of misappropriation of public funds. The crime of misappropriation on certain property: public.

　　Eight, the crime of intentional destruction of property and the crime of sabotaging production and business operation

The difference between the two: belong to destroy crime, crime of sabotaging production and business operation object is other production and business activities (destruction of property and equipment specific) affected.

For larger amount, if the circumstances are serious, pay attention to the distinction between crime and non crime.

With the crime of endangering public security (such as the destruction of means of transport, electric power facilities, to see whether enough to endanger public safety) difference. Harmful behavior of public security is not only to the offenses.

The nineteenth chapter of obstructing the administration of public order crime

A, disrupting the public order crime

1 277th obstruction of official crime

(1) note four forms of crime:

1) by violence, threat obstructs a state functionaries to perform their duties;

2) by violence, threat obstructs the people's Congress of a representative in the performance of their duties in accordance with the law;

3) in natural disasters and emergencies by violence, threat obstructs a Red Cross personnel perform their duties according to law behavior;

4) methods other than violence, threat obstructs a state security organ, public security organs of the staff to implement national security tasks in accordance with the law, the serious consequences of behavior.

(2) one crime and several crimes

The crime of obstruction of official business behavior, may become another crime means, in principle should be a felony, but the criminal law has special provisions, should be in accordance with the special provisions of criminal law.

For example, by violence, coercion to resist the anti smuggling, smuggling and the crime should be based on the combined punishment for several crimes; transporting people sneak across the border to violence, coercion methods resist inspection, should choose a heavier punishment in criminal law, but not to the offenses; violence crime if violates other crimes, such as acts of violence by seriously injured, to snatch the implementation of judicial personnel duty gun according to law, shall be regarded as the imaginative joinder of offenses, a felony punishable.

According to article 277th of the criminal law, the crime of obstruction of official business for obstructing objects, objective behavior is also different: if the block is the object of functionaries of state organs at all levels, the National People's Congress or the Red Cross to perform their duties, must use methods of violence, threat; if the block is the state security organs, the public security organs in performing a task for state security in accordance with the law, it does not necessarily require the use of violence, threats, without the use of violence, threats but as long as the serious consequences of the civil service remains nuisance crime. Without the use of violence, threat and hindering the implementation of tasks and cause serious consequences shall generally be not cooperate, not active, not as the delay method.

2 279th try every trick to mislead the public crime

Is as state organ personnel (posing as members, juniors of high-ranking officials not to seek illegal interests for the purpose). Extensive the continuity and the behavior of the.

Non state staff posing as a state functionary; staff general state organs as the staff of state organs; the staff of state organs as another national staff.

If the fraud a huge amount of fraud crime by. The difference and fraud, such as breaking the optional felony penalties of crime of fraud.

3 280th first forged, altered, the sale of official documents documents seals

For implicated offense, to one felony punishment.

Article second paragraph 280th fake companies, enterprises, institutions, people's organizations seals

The seal is generalized, including seal, seal, the new criminal law, fake companies, enterprises, institutions, people's organizations documents and certificates is not deemed a crime. Forging or selling fake university degree certificate, in the treatment of.

Forgery include visible forgery (without making authority) and invisible forgery (have the authority to make it).

4 285th illegal invasion of computer information system

Invasion is accomplished. Three kinds of objects of attention, namely, national affairs, national defense construction, advanced science and technology, other information system only invasion does not constitute a crime.

Article 286th the crime of destroying computer information system

Method refers to the use of technical means (method of operation, increase, delete noise data and application in the computer information system etc.), also caused serious consequences, not including violence means. No restriction on the object destruction.

If you go to the post office to physical damage center computer, then destroy the radio and television communication crime, if the physical destruction of power plant control computer, to destroy the power equipment on crime, if the destruction of personal computer, set the crime of intentional destruction of property.

Carry out acts of corruption, embezzlement, theft by computer, with specific crime.

If the behavior of the computer connected to the computer system of the bank, delimits unplug the money, the act of theft.

5 290th first to disturb the social order of sin

Social order refers to the unit order. Second, the impact of state organs crime.

6 292nd of the crime of Affray

Special cases at 3 to 10 years:

(a) many times affray of affray; (two) the number, size, bad social impact; (three) in a public place or traffic affray, causing serious public disorder; (four) an affray;

The only light damage, such as causing serious injury or death to the person responsible be intentional injury, intentional homicide, the non responsibility to others is the crime of affray;

Where both parties meet affray, does not refer to a few people to play another or others.

7 293rd crime

Note that the four objective form:

(1) and they beat the others, bad plot;

(2) chasing, intercepting, abuse others, bad plot;

(3) take strong force or any damage to, occupation of public or private property, if the circumstances are serious;

(4) in a public place, creating a disturbance, causing serious disorder in public places (a rogue motivation).

Grasp the main points: the motivation -- make trouble out of nothing, random beatings, lord it over others want a small amount of property,, a challenge to the social morality and law; many times repeated. Such as walking on the road to see others not pleasing to the eye, spit, others accused, then beat.

In 8 294th Mafia organization, leadership, the first paragraph of crime

Characteristics: strict organization; obtain economic benefits through illegal and criminal activities, have a certain economic strength; bribery, coercion, inducement, forcing the State functionaries in black social organization, or to provide protection; in certain areas to violence in illegal and criminal activities, disrupt economic, social life.

To participate in the group itself is a behavior, and terrorist organizations, is also the act of perpetrating. In addition to the two, participate in the organization is ready. Such as behavior and other crime, punishment.

Article 294th paragraph second immigration crime of underworld society organization

The main limitation of foreign underworld organization staff.

Article fourth paragraph 293rd shield, connive

9 295th crime of Imparting Criminal Methods

Not only impart crime method, and the crime of solicitation, look at both the content, the object is the same, is the imaginative joinder of offenses, one felony penalties; if you don't have the same nature, the combined punishment for several crimes.

Example 1: criminal methods to teach a B a fraud, and to incite a B a fraud. A fixed one.

Example 2: a method to teach a B theft, and a C implementation of abetting theft. A joinder of punishments for plural crimes.

Example 3: methods to teach a B a fraud, and to incite a B implementation of theft. A joinder of punishments for plural crimes.

10 302nd theft, the crime of insulting corpse

If the body was on the behavior control, does not constitute a crime, murder revenge, which belongs to the subsequent behavior does not constitute the crime of murder. If the behavior people kill after damage body feeling of dignity or injury related personnel's behavior can be combined punishment for several crimes.

11 303rd gambling crime of our country law only repeat offenders, attention characteristics of subjective and objective.

Subjective is for the purpose of profit, the objective is of three forms: (1) and gambling casinos; (2); (3) the gambling industry;

① trap lured others to engage in gambling, obtaining money, gambling crime. If you found for the return, so the use of violence to gambling crime, aggravated punishment; if the cause of injury to another person, the death, should be punished.

② for fighting, gambling has caused fights cause death, injury, intentional homicide, according to the crime of intentional injury treatment.

The gambler to violence, coercion to steal money, according to the robbery with. Robbed people rose up against, not self-defense.

　　Two, crime of obstruction of Justice

1 305th perjury

Four subjects: (1) identification; (2) the witness; (3) records; (4) translator. Is a typical behavior crime, and the crime must occur in criminal cases. "Defenders" a word only in criminal proceedings can be used.

2 306th defenders and agents ad litem, destruction of evidence, evidence testify against

The special subject of crime and limited to criminal proceedings.

3 307th first obstruction of witnessing the general subject

Three kinds of methods: (1) violence; (2) (3) all threats;

Objective: (1) a witness from giving testimony; (2) instigate others to commit perjury (not by instigation crime of perjury).

In the second paragraph 307th to help destroy, crime of fabricating evidence

Special subject: out of the party himself.

4 308th take revenge witnesses

To testify against the differences, mainly in the behavior of the order of the time;

The difference and hurt, do not have to minor injuries to constitute a crime; requirements must be designed to take revenge.

5 309th of the crime of disrupting the order of the court

The crime refers to the trial order, (including tree field trial process). Such as impact court office does not constitute a crime, but in the attack state organs crime.

6 310th harboring, shielding crime

Note specific forms: (1) provide a hiding place; (2) providing property; (3) provide convenient conditions to help escape; (4) false proof shield;

Note the difference between and fail to report the facts. Knowing it is a crime and general communication, without harboring, shielding intent does not constitute a crime;

This crime and perjury differs from the body;

Notice the difference between accomplice and crime, to see whether the collusion behavior prior to the.

According to the provisions of article 310th of the criminal law, the crime of shielding, refers to that the crime person to the relevant authorities (mainly refers to the judicial organ) false proof to escape the legal sanction behavior. "That is the illegal income of the crime of smuggling, to cover up, conceal the source and nature and provide capital account" which constitute the crime of money laundering (article 191st): "knowing it is a crime and false proof shield" this is to cover up the crime: "criminals" harboring drug trafficking that is should be the crime of harboring drug criminals molecular crime (article 349th of the criminal law), the provisions of this article two with respect to the 310, belongs to the special law, according to the basic theory of criminal law, special law should give priority to the common law applies. "The hotel industry, catering and service personnel (including rental industry), in the public security organs and prostitution, whoring activities, for the criminals send news secretly, if the circumstances are serious" special behavior is a kind of crime of shielding, is defined by law (article 362nd).

7 312nd harboring, transfer, acquisition, sale of stolen goods

In four ways: (1) harbored; (2) transfer; (3) the acquisition; (4) sales (including the generation of sales). If conspirators, to be punished as a joint crime.

A typical crime of choice, as long as there is one of the behavior can be determined according to the behavior characteristics, crime, such as the only transfer behavior of transfer of stolen goods. Such as "knowing is stolen goods and buy occupied" behavior should belong to buy stolen goods, if the circumstances are serious according to law shall also constitute a crime.

Destroy evidence of destruction or concealment of evidence.

8 313rd refused to implement the decision, ruled that the crime

Special subject of typical crime, the subject of this crime is a special subject, namely, the people's court, ruled that responsible for the fulfillment of obligations, the boundaries of the crime is serious;

Note that "one of the highest law judicial interpretation about the selection of regulations", determined to be distinguished from prejudice official behavior, executive disturbing Court judicial police enforcement activities, if the circumstances are serious, shall be punished by the crime.

9 315th of the crime of disrupting the order of supervision

Pay attention to the special subject, limited to being detained prisoners convicted; attention to four kinds of failure behavior:

(1) beat supervising personnel; (2) organizing another person held in custody to sabotage supervision order; (3) riot, disturb the normal order of supervision; (4) assault, corporal punishment, corporal punishment or instigating others to beat another person held in custody.

10 escape

Subject to arrest, prison, criminal suspects, defendants. accomplishment that is the behavior crime, to escape the supervision personnel control standard (view said. Reeducation through labor person, being held in administrative detention of people does not constitute the crime of escape.

11 escape from prison escape from prison

About the main attention and escape differentiated, organized, planned, deliberate collective escape behavior, needs a minimum of three or more people;

Article 371 paragraph two is a riot to escape from sin, not to its solution is increased to organize a jailbreak, in organizing the jailbreak who don't intend to use the collective violence, but the others being blocked by the use of violence, is not considered a riot to escape from prison.

　　Three, obstruction of the country (border) management crime

The 1 cross-border crime organization

The more important, mainly pay attention to the problem of combined punishment for several crimes, when crossing the border, what kind of behavior should be regarded as crimes, what kind of behavior should be combined punishment for several crimes, should pay attention to. If to secretly cross the national boundary border in the middle of the organization, which is organized people seriously injured, the death or limits the organized people freedom of the person, or the threat of violence to resist inspection method as the tissue border crime results aggravated aggravated, so there is no crime problem, but if the intended to be killed, organization injury, rape, trafficking in such crimes or criminal acts harm to inspectors, should the number crime and crime.

2 319th, the crime of swindling exit paper, should pay attention to defraud crime in documents is to use the organization's border, the behavior of other persons, not including personal to steal and cheat Yue border exit certificates, it actually takes some specific organization to secretly cross the border for separate provisions for criminal behavior;

The 320 is the crime of selling entry, the main attention to its relationship with the sale of state organs recognized certificates crime. The two can be as special provisions and general provisions of the relationship;

The 321 is the delivery of the other persons in the border crime as a crime, pay attention to process and as a punishment to deal with the situation, and organize the other persons in the border of the story is the same.

　　Four, the crime of obstruction of administration of cultural relics

The 1 historical relics intentionally the crime of this crime, and 324 of the crime of intentionally damaging places of historic interest and scenic beauty, especially to grasp objects, secondly is not to should pay for deliberately damaging precious cultural relics crime intentionally destroyed also property, although the precious cultural relics is a kind of property, should pay attention to the difference between the two.

2 excavating and robbing sites of ancient culture, ancient tombs sin, robbing ancient human fossils, ancient vertebrate fossils of sin

If the common grave robbing for theft.

(1) if in the process of excavating and robbing sites of ancient culture, ancient tombs of the crime, and destruction of precious cultural relics and places of historic interest and scenic beauty, to the crime punishment.

(2) difference between this crime and the crime of theft: excavating and robbing sites of ancient culture, ancient tombs and steal artifacts, still with the offenses; steal other grave robbing property number is larger, the larceny; others steal precious cultural relics have been excavated, the larceny.

The 3 robbery, stealing state-owned archives

If the robbery, stealing state-owned archives are state secrets, but also violate the crime of illegally obtaining state secrets, is the imaginative joinder of offenses punished, should be in accordance with the.

4 illegally sold to foreigners, as precious cultural relics crime

The behavioral object: precious cultural relics collection of countries prohibit the export sale is the object of foreigners.

Example: A and B for the brothers, a study in American and achieved USA nationality, a home to visit relatives, in returning before the precious cultural relics, B will be presented with a family. Whether ethylene acts constitute a crime? Composition.

　　Five, crime of endangering public health

1 illegal practices medicine the crime and the crime of medical accident

The main difference: the former is different, has not obtained the qualification of doctor who; the subjective respect, for deliberately for negligence; the result is different in meaning, the patient serious injury, death is the result of the former heavier elements, elements of the establishment of the latter is;

The subject of crime is a special subject that medical personnel (has the qualifications, including doctors, nurses, pharmacists, and individual practitioners. Approved by the competent departments and business). The crime of medical accident is added to the criminal law is of important criminal negligence, mainly pay attention to the identification problem, caused serious consequences, another is to prove negligence, in the medical process, the main test whether there is no violation of medical practice, operation process, behavior.

2 illegal for birth control operation is mainly pay attention to the distinction between the crime, and the crime of medical accident, the former is mainly injection main body is unqualified for the illegal practice, birth control operation, and is a deliberate action, is intentional crime, to cause the patient to injury, resulting in serious consequences, as the aggravate result.

The crime of illegal organizing sell blood and forcing blood selling crime conversion: causes damage to others, shall be the crime of intentional injury.

　　Six, environmental crime

1 345th, crime of felling trees, note the difference between the former and the crime of theft, crime is the environment, its object is the piece of forest, scattered trees felled for the front room of the village, does not constitute a crime and the amount is larger, can constitute the crime of theft. Hire others felling trees, such as the employees do not know others is felled trees, the employer shall bear criminal responsibility; if the employees that felled others trees, should according to the crime of felling trees accomplice;

Logging of precious trees in violation behavior, actually felling trees and crime of illegal logging of precious trees sin two charges, a felony punishable.

Deforestation is not for the purpose of illegal possession crime, crime of felling trees with.

2 acquired illegally felled trees, crime

For the purpose of making profits, in the forest the illegal acquisition of knowing is felled trees;

"Knowing": in the illegal timber trade places or sales units to buy timber; the acquisition in order to significantly lower than the market price to sell timber; acquisition in violation of the provisions of the sale of wood; 02 amendment does not require to profit for the purpose of, is not required to be in the forest. Crime is a local requirements, namely in the forest the illegal acquisition, secondly we should distinguish and buying stolen goods, even if is the acquisition of deforestation, forest trees in the forest, but also can be said to belong to a kind of stolen goods to buy behavior, there is overlap of articles of law two. If the acquisition in the forest outside, obviously does not constitute a crime, but can buy stolen goods.

　　Seven, smuggling, trafficking, transporting, making drugs

1 smuggling, trafficking, transporting, making drugs

Select the charges, but such behavior connection also have several acts constitute a crime of acceptance;

About this crime must pay attention to its conviction:

The drug middleman, by the accomplice, the theory reflects the strict on drug crime;

There is no legislation rules, no matter how many point number, all responsibility;

Third and the fraud problem, mainly selling fake drugs, if you don't know is false drugs to be sold to the unaccomplished, drug trafficking, such as deliberately to its goods posing as drug trafficking, deceptive money, with punish of crime of fraud, example: a see others for drug trafficking money, he bought 200 grams heroin, add 300 grams of flour, stir together, and then sold to B. (1) a behavior of drug trafficking, what is the number? Should be 500 grams. (2) a see profit, will no longer buy drugs, directly to the flour processing, when the drugs to the C. A acts constitute a crime of fraud. If C sold it to Ding, C behavior of drug trafficking (attempted).

Drug smuggling and other items, the combined punishment for several crimes;

In the production and sales of food adding trace drugs, should be identified as the production, selling poisonous and harmful food crimes, should not be regarded as the crime of drug trafficking.

"Use violence to resist inspection, detention, arrest, not another set up the crime of obstruction of official business" is the 2 paragraph of this article's content, behavior person resist inspection, detention, arrest by violence, as the statutory aggravating circumstances and not another set up the crime of obstruction of official business: "drug transport limited to transport drugs in the territory, and excluding from the exit Sinotrans to by domestic and overseas" to this is the "transportation" behavior understanding, the so-called drug transport within the territory shall refer to the drug transport from one place to another, if the drug from illegally transported to abroad or brought into the territory is illegal, drug smuggling and non drug transport.

2 348th, the crime of illegal possession of drugs.

The amount is large (more than 200 grams of opium, heroin, amphetamine 10 grams above) is a standard of crime and non crime;

And its relationship to other crimes such as smuggling, trafficking and manufacturing of drug possession, crime directly in this case. Only when the unclear source of anti according to illegal possession of facts, to set the crime.

3 349th, harboring drug criminals, attention and to cover up the crime (like different) difference;

Harboring, transfer or hiding drugs, drug crime of bribery, the main attention to the offense of (like different) difference.

4 351st, the illegal cultivation of poisonous plants of sin.

Illegal cultivation of the poppy plant, cannabis and other drugs, shall be forced to uproot them. Any of the following circumstances, a fixed-term imprisonment less than five years, criminal detention or control, and shall also be fined: (a) cultivation of opium poppy five hundred less than the larger number three thousand line or other drug plants; (two) the public security organs after planting; (three) in addition to resist shovel.

5 354th, others receiving drug crimes, noticed that the crime not to sell drugs to drug addicts as elements, sheltering others smoking, injecting drug use and sell drugs, identified as the crime of drug trafficking. Not to profit for the purpose of.

6 illegal narcotic drugs, psychotropic drugs crime provided.

Engaged in the production, transportation, management, use of state control of narcotic drugs, psychotropic drugs according to the who, in violation of state regulations, to smoking, injecting drugs with the provisions of the state control of the addictive narcotic drugs, psychotropic drugs;

The criminals smuggling, drug trafficking or to profit for the purpose, to smoking, injecting drugs to provide control of the addictive narcotic drugs, psychotropic drugs prescribed by the state, be smuggling, drug trafficking (conversion).

The lure of drug crime in, abetting, cheat or forcing others drug crime.

The "others" includes not only the adults also involve minors, and when the object is not people belonged to the statutory aggravating circumstances, such as the object is not understanding ability and behavior ability of infants, does not need to treat generally behavior must take such violence, coercion can be formed by forcing others drug crime, illegal adding drugs and provided to the baby to drink in milk, is the object in the ignorance of revolt, not against the case and passive drug, should be to force another drug crime; this with the kidnapping of children don't need must be by means of violence, coercion and only by stealing also constitute the crime of kidnapping for the same reason. Not to profit for the purpose of.

　　Eight, organization, force, induce, shelter, crime of introducing prostitution

1 the organization prostitution crime, generally have a place, but even if it does not place, and to the actual control, management personnel more than prostitution prostitution, also can constitute a crime, then, in the middle of the process with other crimes, such as forced prostitution, seduction, behavior, this kind of situation, taking into account prostitution is a comprehensive crime, therefore, under such circumstances, how the organization prostitution crime punished. The criminal law is not specified as the subjective elements of profit.

2 358th, forced prostitution, about two kinds of crime punishment, such as forced prostitution occasions, raped and forced prostitution, taking into account the rape is forced prostitution means, therefore, only to forced prostitution crime, not to the combined punishment for several crimes, the crime of rape as an aggravating circumstances forced prostitution sin, two must be associated with it doesn't matter, such as two, two are independent each crime, a combined punishment for several crimes. Less than 14 years of forced prostitution of girl, raped and forced prostitution, forced prostitution set.

According to the provisions of article 358th of the criminal law, a, forcing many people prostitution; two, repeatedly forcing others into prostitution; three, raped and forced prostitution; four, causing serious are forced into prostitution. Above the aggravation situation belongs to the provisions of this article of the constitution situation.

Article third 3 358th, assist the organization prostitution crime, to help in organizing prostitution behavior, through lift as managers in the organization prostitution, as the cashier, thugs, and the behavior, defined as an independent charge, do not have to apply in the general provisions of the criminal code general provisions, according to the name of crime to punish.

Helping behavior is not as an accomplice, and conviction alone are: 107 supported by the crimes of endangering national security; one of 120 modified, funding terrorism crime; 358 assist the organization prostitution crime.

Article first 4 359th, is lured, shelter, crime of introducing prostitution, about the main attention to the non-profit subjective conditions.

According to the provisions of the 2 paragraph of article 359th of the criminal law, seduce under the age of 14 young girls into prostitution, which induce precocious prostitution, different from the 1 paragraph of this article to prostitution. Note: when the object inducing prostitution is young girl should constitute a crime alone, it is expressly provided in law.

5 360th, crime of spreading venereal diseases.

Special subject, particularly with gonorrhea, syphilis serious venereal person, self health status constitute a crime conditions. When the actual Department Post conviction, and the defendant to check identification to the hospital, the identification results if it belongs to the patients with severe disease, so as to convict him;

Secondly, knowing that the subjective demands, on that judgment is accurate, the Supreme Court made a explanation, that one is able to prove that he had been to the hospital, was diagnosed with STD, second times according to my knowledge and experience, can know, third is the other evidence, can be confirmed, know;

In the objective aspect, is thought to have prostitution or whoring, even if suffering from sexually transmitted diseases, but not prostitution or whoring, although the spread of sexually transmitted diseases but does not constitute a crime, the crime of spreading venereal diseases should pay attention to.

6 young young girl crime, it is also added to the criminal law crime, whether it is good or evil past statutory young young girl constitutes the crime of carnal knowledge of a child. Now take it apart, if in the process of prostitution and whoring, precocious sexual relations, the young young girl criminals, not to be confused with the crime of carnal knowledge of a child.

　　Nine, production, copying, publishing, selling, the crime of spreading obscene objects

1 363rd, production, copying, publishing, selling, profit-making crime of spreading obscene articles.

The most important is to pay attention to must have the purpose of profit, if no profit objective, and communication (broadcast, display etc.) and video products obscene articles or organization broadcast obscene, does not constitute a crime, and 364 of Article 1 of the crime of spreading obscene objects, or 364 paragraph second organization Disseminating Obscene the crime of audio and video products, it is necessary to pay attention to. For example, a video court tickets, audio and video products play obscene, pornographic audio-video products should be a play, because the sale of tickets is a profit objective, if is the use of units or equipment, or take the family, called the people to see the obscene or audio-visual products, but not the profit, organizing the broadcasting pornographic audio-video products constitute the crime of.

2.363 section second provides others with a number of obscene publication on this crime is a crime of negligence. If deliberately providing ISBN, publishing obscene books, should with publishing obscene goods crime of the unit profit, for profit, put his books with others but the book does not review, the result used by criminals to coat on the legitimate, published pornographic books and periodicals, as a publishing entity to note the bear liability for negligence.

The twentieth chapter is the crime of endangering the interests of national defense

Do not pay attention to the violation of the duty crime mistake serviceman crime, the subject of this crime is the ordinary people.

This chapter is about the crime, to the attention of the crimes in this chapter and other chapters of the lapping of legal provisions, such as the 386 the first block military duty crime, there are second crime of obstructing a military operation, this should be distinguished and obstruction of official crime. There are 372 posing as soldiers try every trick to mislead the public should pay attention to try every trick to mislead the public crime and crime are different, and the 375 on the obstruction of the armed forces official seal documents crime, must pay attention to the difference and obstruction of official seal documents crime, the crime is the main object of different.

The basic point to solve the concurrence relationship problem is to have an impression of charges, know that he belongs to which chapter, do several things in the applicable law article.

Destruction of weapons and equipment, military facilities, military communications sin

Note the theft is "defense line" rather than the public telecommunications equipment, destruction of military communication of criminal law with respect to the 369th to 124th damage telecommunications facilities crime is a special law, priority should be used, as it also constitute the crime of theft, crime is a two crime, which belongs to the imaginative joinder of offenses.

 

The twenty-first chapter of crimes of embezzlement and bribery

　　1 (embezzlement embezzlement is a form of corruption crime)

Subject: (1) the national staff? According to Article 93 of the criminal law to determine.

(2) members of a villagers committee and other organizations to assist the grass-roots organizations engaged in administrative work, should be regarded as the national staff.

Article 382 (3): by the state organs, enterprises, institutions, State-Owned Company, the people's organizations entrusted management, management of state-owned property.

(4) the ordinary citizen the other can constitute the crime of complicity, but must be used his position to facilitate the national staff.

Article 394: accept the gift of national staff official duties at home or in the foreign exchanges, in accordance with the state provisions and not the public, amount is large, the corruption conviction and punishment.

This crime has to pay attention to the following:

(1) a is the difference and Embezzlement: points difference is in different subjects, different job worries, is a business, an official nature, if belong to the State-Owned Company in the enterprise are administered by the state owned assets function, that is a kind of public activities, on corruption theory, there are insurance agency, a staff member of a financial institution, if the state-owned asset misappropriation, by taking advantage of his position, to punish corruption (also including other engaged in public service according to law person); special company, enterprise or other unit personnel duty embezzlement and misappropriation distinguished from the subject. Embezzlement is subject to a management function as the premise, the main line for the custodial staff, such as only the general labor personnel can only lead to the crime of theft. Different from the corruption crime and corruption must be official nature (including appointed to manage state-owned property). Is the difference between business and official embezzlement embezzlement.

(2) second is the difference and the crime of theft, if the state organs, state-owned companies or enterprises, and national can company, purely from the service activities of the people, rather than the management of state functions are people who, because of work, if the theft by contact production opportunities and steal. Is generally believed that the keeper has the management function, the bailiff to steal is still to corruption theory, for the non state owned units, the duty encroachment on to.

(3) in addition to a point, no matter what its identity, if not take advantage of their office, and only use in the units of work, familiar with the environment, access to convenient convenience and stealing public property, still constitute the crime of theft.

　　2 of the crime of embezzlement of public funds

State personnel who take advantage of their office, embezzlement of public funds for personal use, illegal activities, or larger amount of misappropriation of public funds, for-profit activities, or larger amount of misappropriation of public funds, more than three months without further, is the crime of embezzlement of public funds.

For "personal use" understanding:

(1) the money for himself, his relatives or other natural persons use;

(2) in the name of the public money for other units use;

(3) individual decisions in the name of the unit will use the money for other units, seek personal interests.

The main difference between attention and embezzlement, two different purposes, difference lies in whether the purpose of illegal possession, embezzlement of public funds without resort to deceit in the accounts, resort to deceit and corruption. For embezzlement after absconding with money, according to the judicial interpretation by the corruption of misappropriating public funds, for small amount not returned, according to the judicial interpretation, if have the ability also not to have, that have the purpose of illegal possession, corruption is not appropriate, but the embezzlement of public funds is due to objective reasons not certain, this case, still be the crime of embezzlement of public funds.

The personnel engaged in public service, the subject does not belong to the crime of bribery, corruption corruption crime, bribery, embezzlement, bribery crime can constitute the crime of misappropriation of funds and enterprise staff.

The difference between embezzlement and misappropriation of funds, and corruption (villagers committee by duty then) and occupation (villagers team took advantage of his position, only to the duty encroachment on the difference is similar), main character and different positions. The subject of the embezzlement of public funds without men in public life (such people divert to the crime of misappropriation of funds set).

The crime of misappropriation of funds and companies, enterprises or other units of staff, taking advantage of his position, misappropriation of the funds for personal use or lending to others, larger, more than three months without further, or are not more than three months, but the amount is larger, for-profit activities, or illegal activities the.

In addition, embezzlement and bribe taking crime is the combined punishment for several crimes, embezzlement crimes or illegal activities, constitute other crimes, such as smuggling, illegal business, it should be combined punishment.

Embezzlement and misappropriation on certain property (private property use by relevant units change the behavior, not for personal use) crime, embezzlement of public funds for personal use or things are, is the crime of misappropriating public funds; embezzle state disaster relief, rescue, flood prevention, flood prevention, special care, poverty, immigration, relief funds and materials for personal use, embezzlement sin.

The most difficult problem is the accomplice of the embezzlement of public funds. Is the embezzlement of public funds for others to use, the use of people is of course an accomplice, according to the judicial interpretation, the use of man is not of course constitute accomplice, the main requirement to function in the middle of the embezzlement of public funds, such as collusion instigate, or participate in, can constitute accomplice.

"Know is misappropriated funds still use", "should know that its use is appropriate," only the use of embezzlement, and for embezzlement and no common crime intentionally, just know that you are using the misappropriation of public funds and can not be used as a common crime treatment. "To divert people misappropriating public funds", "to participate in the planning made the" common crime of intentional crime.

　　3 the crime of accepting bribes

First note that by taking advantage of his position, accepting bribes and the interests of others, with elements of the interests of others, bribes in the situation, do not need this condition, as to whether to seek profit for others actually not affect the conviction, in addition, the profit or not, and will not affect to the conviction, in addition to note two to bribery as there are two, one is economic activities, the national staff in violation of law, accept all kinds of commission, fees to individuals of all, with taking bribes the theory; second, the mediation bribe theory, namely the provisions of article 383, also called the indirect and use the terms of bribery, in addition, such circumstances require is seeking improper interests for others (especially elements), if seeking legitimate interests do not constitute the crime of bribery, which is different from the ordinary crime of acceptance of bribes. For example, someone we in the Commission for Discipline Inspection, the train station to a cop car, this time, his position and influence to the station according to the intention to use the authority, the right to the use of the purpose is to seek illegitimate interests, which constitute this crime.

On the conviction, the main attention to the difference between the bribery crime and the crime, the two different subjects, different identity, a civil servant, a non civil servants, distinction between on corruption and embezzlement of millions, another is to pay attention to and the crime of corruption, bribery is use their accepting bribery and corruption are the others, took advantage of his position to infringe upon public interests.

If there was no intention to seek benefits for others, but that can be, and deceptive money, with punish of crime of fraud.

"Include the following situations to seek benefits for others":

(1) had to seek the interests for others;

(2) has already started to seek benefits for others, but also did not seek to profit;

(3) did not seek to profit for others, nor to seek benefits for others, but promised to seek benefits for others.

If a state organ office acts as the staff, received 50000 yuan Commission B sent and promised to work, a feature of this act in accordance with the crime of accepting bribes, if not does not affect the establishment of the crime of bribery. After B refund and man refused to refund and threatening behavior, can not be regarded as the crime of blackmail and impose exactions on, because this man has possession of the property, the threat is not rigging behaviour, but bribery follow-up, namely object threats and bribery is the same. So one after another to receive property behavior is a crime independent processing.

　　4 the crime of bribery

The crime of bribery should pay attention to an important problem, its purpose is to seek illegitimate interests, based on this and give money or property to a state functionary, bribery to theory, followed by the identification problem, not on the national staff to bribe, bribery of company personnel, the enterprise staff bribery crime. If seeking legitimate interests, does not constitute the crime of bribery.

(a) subjective aspect of the crime of bribery crime content and different, the latter whether or not legitimate interests legitimate interests for others, can constitute a crime.

(two) bribes people will constitute a crime only to seek illegitimate interests under the condition of.

　　5 of the crime of huge unidentified property

The main difference between is and corruption, if identified property is derived from the corruption or bribery, corruption or bribery crime is directly, unclear source, and I also can't explain the industry source, make the crime of huge unidentified property. Occurrence condition in practice is often the two crimes, it should pay attention to.

Example: if the existence of a large amount of property 1000000 can not explain the source, was convicted of the crime of huge unidentified property is 5 years, 2 years after the execution, identify the property belonging to the proceeds of corruption, how to do? Not reverse the original judgment, however, should decide the crime of corruption, and a combined punishment for several crimes.

The twenty-second chapter of crime of Malfeasance

Refers to the personnel of state organs, state organs engaged in public service in the outside of the employees are not included, is a narrow national staff concept into new legislative attempt to separate government functions from enterprise management aspect, only one non state functionary crime can be formed, that is the crime of divulging state secrets or negligently divulges state secrets.

On the crime of breach of privilege 1, pay attention to the consequences, because the elements which cause damage, resulting in 1 deaths in or seriously injured more than 3 people, direct economic losses in the more than 100000 yuan, is one such, can constitute a crime. Secondly, attention should be paid to the problem of overlap of articles of law, involves a breach of privilege situation, specifically provided in this law, according to the provisions of this law, the crime of malfeasance, besides general breach of privilege, and specific breach of privilege, like this, perverting the law, private put in custody personnel, play favouritism and commit irregularities, non transferring criminal cases, and indulgence smuggling, these crimes have the nature of breach of privilege, in this case, law has special provisions, in accordance with the principle of overlap of articles of law, apply the special provisions.

2 be forgetful of one's duties crime, the basic characteristics of the consequences of breach of privilege be forgetful of one's duties and similar, the main difference in behavior, breach of privilege is often be opinionated, not in accordance with the procedures to perform their duties, or is beyond the scope of authority to exercise their functions and powers, often abuse their power; and be forgetful of one's duties because of irresponsible behavior, do not perform or improper to fulfill the responsibility, this is the basic difference between the two, but there is a clear distinction between hard to say the two, because they are the same as stipulated, second problems about be forgetful of one's duties, also is the overlap of articles of law is not met, the law has special provisions applicable to be forgetful of one's duties circumstances, special regulations, provisions of the choice is particularly evident, such as dereliction of duty 400 detainees to escape that is, the dereliction of duty is to be forgetful of one's duties behavior; 398 negligently divulges State secrets, 406 staff of state organs in order to execute the contract dereliction of duty crime. 408 environmental supervision and dereliction of duty crime. Article 412 the dereliction of duty crime, these are be forgetful of one's duties, there are special provisions, in accordance with the special provisions, no special provisions, in accordance with Article 397 must be forgetful of one's duties crime, it is necessary to pay attention to.

3 398th, deliberately leaking state secrets. Main body of this crime is a special subject, must be the staff of state organs, but the law and regulations, if the non state functionary commits this crime, can this crime to conviction, however, is that it is a special subject of crime, but the non national staff can constitute. About the limits of deliberately leaking state secrets is mainly for overseas institutions and persons who steal, spy on, buying, illegally providing state secrets that should pay attention to, if the perpetrator is a national staff, breach of confidentiality regulations, deliberately to overseas institutions, organizations, personnel providing state secrets, which endanger State security crime. In this article there is a negligent crime of divulging state secrets, pay attention to the accusation of the line.

4 the crime, this crime in the criminal, the main behavior in three cases.

One is to cover up, two is the prosecution twisting the law, is to make the innocent person prosecuted, three is perverting the law, the perverted the law is perverted the law on criminal conditions is the subject of the judicial personnel. If the record, secretary personnel if the case key plot false records, they should be in the perjury crime.

5 the crime of misuse law in Adjudication

Article 399 paragraph second is the crime of misuse law in adjudication, it refers to the civil, administrative litigation, also is not confuse right and wrong in criminal proceedings, do, perverting the law, and the crime is not the same, pay attention to the difference between the two;

Finally there is a combined punishment for several crimes, because of bribery, the perverted the law, not a combined punishment for several crimes according to law, legal provisions to one felony punishment. This can be understood as bribery and the relationship between, have been implicated in perverting the law.

6 con stitutive requirements

Non judicial personnel to help prisoners escape, to escape the accomplice;

The judicial staff had not used his position to help prisoners escape, should also be to escape shall be punished as an accomplice;

Judicial work personnel who release detainees, prisoners released constitute the crime of escape, not private put detainees to escape the accomplice.

The twenty-third chapter Military Crime of breach of duty

The main problems of this crime, is a serviceman, attention should be paid to the range of military general how to understand.

The crime of hindering the implementation of military duties, subject is a soldier, attention and obstruction of official crime, the difference between the crime of hindering military duty.

1 weapons offences

Violation of regulations on the use of weapons and equipment, if the circumstances are serious, the accident happened, causing serious injury, death or other serious consequences.

Military personnel are on duty, training, fighting the use, operation or management, weapons and equipment repair, maintenance of weapons and equipment in the process, in violation of provisions for use of weapons and equipment and operating rules, if the circumstances are serious, the occurrence of major accidents, set the;

To go out with a gun, for playing with fire or explosion caused by, resulting in serious consequences, were identified as causing death, serious injury crime, or a crime of negligently causing explosions, in violation of traffic regulations and the occurrence of major accidents, with traffic accident crime.

2 for theft, snatch weaponry, military supplies crime

Note the difference between theft, robbery and firearms and ammunition, explosives crime: that the object does not contain the firearms and ammunition, explosives, if soldiers stealing firearms and ammunition, explosives, theft, snatch firearms ammunition, explosive crime; other property, theft, robbery.

The difference and the crime of corruption, if used his position to embezzle, to the crime of corruption.

After October 1, 1997 is still in prison recidivism and for murder, explosion, robbery, rape, kidnapping and other violent crimes was sentenced to ten years in prison, life imprisonment of criminals, applicable provisions of the criminal law revised seventy-third in front of the bar, may be granted parole.

In accordance with the procedure for trial supervision to the trial of the case, the legal application behavior.