Go to a criminal defense today, the defendant is a timid part of farmers, 1995, drank too much, speak brother door of loyalty, and brother and friend to the beatings, death victims nearly ten days after admission, the defendant wine also wake up, fear, escape, escape in recent 15 years, just come back, he is accused, arrested. Alas, if the surrender, also not to seven years in prison, that 15 years have had a miserable, now back to jail.

 

  This case occurred in 1995, prosecutors didn't pay enough attention to the "criminal law" revised in 1997, and the case shall be applicable to the "criminal law" in 1979, I began didn't pay attention to, but the problem was found in before the court, ashamed!

 

  Compared to find a 1979 "criminal law" and "criminal law" in the 1997, feeling good, reproduced, a careful reading.

 

Reprint: Thank Peking University law school Liu Shoufen, author

 

   The two session of the five National People's Congress of the "PRC Criminal Law" article called "79 Criminal Law amendment", the eight session of the Fifth National People's Congress passed the "PRC Criminal Law", the paper said "97 criminal law". "Before and after the 79 Criminal Law" and "criminal law of 97" eighteen years apart, "criminal law of 79" actual execution for seventeen years (1). A comparison of the two .

The legislative background

The "79 law" is the product of new China built after thirtieth years. Thirty years to a person is thirty years of age, the more mature age, and building a socialist legal system in China is to re start phase (2). 1978 held at the end of the Third Plenary Session of the eleventh Communist Party of China, marks a great turning new China history. The Third Plenary Session clearly pointed out: "in order to guarantee the people's democracy, we must strengthen the socialist legal system, the democratization, legalization, so that the system and the law has the stability, continuity and great authority, according to the law, the law, strict law enforcement, illegal and will be prosecuted". Third Plenary Session of the Central Committee (3 ) began to thoroughly bring order out of chaos, the chaos of legal nihilism defy laws human and divine, make our country on the path of sound legal orbit. The "79 law" was born under such a historical background, it with "the people's Republic of China Criminal Procedure Law" was promulgated, the end of the state for years China has no laws, they are the symbols of our socialist legal construction to begin again.

The "79 law" with its short, basic system structure, scientific, legal punishment mitigation, basically accord with the actual situation at that time Chinese for characteristics. However, the rough, lag disadvantage is also obvious.

In view of the "79 law" exist, since the beginning of 1981 national legislature successively made a series of amendments and supplements the provisions of decision or "79 Criminal Law", a total of up to 22 on the amendment to the criminal law decisions and supplementary provisions. In addition, the affiliated with the related criminal law shall be investigated for criminal responsibility will be up to 130. The reasons for this situation is 17 years China society in all aspects of political, economic, social life had many profound changes in the results. The change of social life, changes to the phenomenon of crime. The new situation, new problems are constantly emerging, form directly to the "legislative background 97 criminal law". Specifically, one is the "79 law" formulation of some crime research is not enough, the provisions is not specific, inconvenient execution, such as crime of malfeasance crime, crime of hooliganism, play the market "pocket crime" general provisions; two is "some crimes in 79 Criminal Law" has ceased to exist, such as forging, reselling tickets of planned supply crime, with the planned economic system change and lose its existing foundation; three is "79 Criminal Law" has stipulated the crime in the legislation was not prominent and severe, and later became prominent, serious, such as the crime of smuggling, human trafficking crimes, drug crimes, obscene goods crime, prostitution crime, need detailed setting and execution counts increased to change (4); the four is the "criminal law has not stipulated the emergence of a large number of 79 " can not be provided for the new serious harm the social behavior, especially for fundamental reform of national economic system, economic system transition from product to produce the socialist market under the background of economic system, many economic crimes, such as financial crime, securities crimes, the special VAT invoice crime; there are other serious harm to society of the underworld The crime of terrorism, organized crime, to incite ethnic hatred, undermining national unity of crime, computer crime and so on; the five is the "79 law" making China not from the closed state to open image, some international convention was not added, relates to the Convention of some crime and criminal jurisdiction ", there is no corresponding the provisions of the 79 Criminal Law". But since the early eighty's, our country has joined some international conventions, such as "about the crime in aircraft and certain other acts committed Convention", "on the kinds of unlawful seizure of aircraft", "Convention on the prevention and punishment against Internationally Protected Persons, including diplomatic representatives of crime", "United Nations Convention Convention against illicit traffic in narcotic drugs and psychotropic substances Convention", and so on, in order to fulfill our international obligations, the revised criminal law should stipulate (5); six is a "79 Criminal Law" after the amendment to the criminal law and the column decided to lay the introduction of provisions for the "97 law" basis; seven is the criminal law academic circles since the mid eighty's to now lasted for more than ten years of the criminal law amendment and perfection of the extensive and in-depth research, and achieved fruitful achievements lay a solid by theory, as the "97 law".

In a word, "79 law" was born in China society just ended defy laws human and divine chaos, the construction of the socialist legal system to re start time; and the "97 law" is born in China society in various political, economic, social life have undergone many profound and even with the fundamental change of circumstances, is the construction of the socialist legal system a major development direction, to become complete stage.

Compared with the main content of the whole structure

A change in the overall structure

The "79 law" is divided into general and specific provisions in two parts, with 5 chapters of general, second, 3, 4 chapter is divided into a plurality of sections, the general part consists of 89 sub law; containing 8 chapters, unsegmented, a total of 103 legal provisions. The whole of the criminal law in 192 legal provisions, the criminal legislation world in cases when considered in space. "The principle of criminal law legislative technology 79" is "coarse" or "Ning Shu not close", after 17 years of practice of criminal law, the drawback is obviously.

"97 criminal law" to retain the overall framework of general provision and specific two series, at the same time to "annex" part. The general part divide chapter, section of the structure with the "79 law" ratio changed little, but the law from the original 89 to 101, increasing 12. dividing some quite big changes: one is from Chapter 8 to expand into 10 chapters, the seventh chapter "the crime of endangering the interests of national defense" is a new crime chapter, the tenth chapter "the military crime of breach of duty" the single criminal law transplant in the two chapter, increasing that formulation, a relatively complete criminal law unified code separation; chapter 8 "bribery" from "the crime of property violation" and "crime of malfeasance" out, and absorbed the anti-corruption and bribery develop method. Two is the structure pattern breaking "79 Criminal Law" specific chapters unsegmented, in the third chapter, "the crime of undermining the order of socialist market economy" and the sixth chapter "the hindrance social management order crime" is subdivided into several sections, this is according to the actual situation and characteristics of this chapter 2 and. The three is to increase the provision of law more, from the original 103 to 350, increased 247 , it is a crime shall be investigated for criminal responsibility according to the needs of many emerging and setting, which on the other hand also change "79 Criminal Law" legislative technical principles and be as specific as possible oversights specified crime.

Two, the main content of the

From the "change in 79 Criminal Law General Provisions Article 192" to "97 criminal law" provisions of article 452 of the total number, reflecting the criminal legislation of China is not only the pursuit of unity, the form is complete, and is the major changes in the content of law norms, which shows the great development of China's socialist legal construction.

(a) major changes on the content of the general provisions of criminal law

1 on the first chapter title changes in general provisions of criminal law and the first

"79 Criminal Law" the first chapter titled "the guiding ideology, tasks and scope of application of criminal law", "criminal law of 97" the first chapter titled "the task of criminal law, the basic principles and scope of application". The comparison between the two, the change lies in the deletion of the "guidelines", increased "basic principles". This is according to the general rules of the criminal law article first major changes in content and added 3 specific legal provisions stipulated the basic principle of criminal law results.

The "79 law" enacted, because our country just the perfect legal system orbit, in the first enacted in the criminal law and procedure law, article especially emphasizes the guiding ideology of legislation "to Marx Lenin's Mao Zedong Thought as the pointer", which indicates the spirit of Chinese criminal legislation reflect and adhere to four the basic principle, at that time is necessary. "However, in view of the new constitution enacted in 1982 in the preface and the master had been found in the four cardinal principles as the foundation of our country, the constitution is the fundamental law of the state, is the mother of all other legal method. All laws later development, must take the constitution as the basis, including 'Marx Lenin, Mao Zedong Thought as the pointer' content, it should be self-evident. Therefore, need not be at the beginning of each law, repeat the same words "(6). "97 criminal law" provisions of article first of the content is no longer the provisions on guiding ideology, and became the legislation according to the.

2 "97 criminal law" clearly provides the basic principle of criminal law

The basic principle of criminal law is a special criminal law and throughout the important rule of criminal legislation and criminal justice. "Not only did 79 Criminal Law" in the legal provisions of the basic principle of criminal law, even the "basic principles" this terminology does not appear, but there are rules and basic principle content conflicting (such as analogy rules). No wonder the Chinese and foreign academic circles have caused China criminal law is the principle of what the long-term argument.

"97 criminal law" in the general provisions of the criminal code third, 4, 5 explicitly stipulated in the criminal law basic principles, namely the principle of legality, the principle of equality before the law, proportionality.

The "79 law" as the first criminal law promulgated, academic circles have the legality debate whether it is a basic principle in our criminal law. The direct reason to argue that without a law on crime and crime in law conflict but Ming on the criminal law (see "79 Criminal Law" seventy-ninth article regulations). With the decision to amend the analogy in the judicial practice and the criminal law has rarely used and supplementary provisions, people on the "79 law" basically is formulated in accordance with the principle of legality and the spirit of justice also compliance with consistent views. But the analogy expressly the legality of the "stealth", recognized the "79 law" to solve the problem of the legal principle of crime and punishment would not then be in the right and self-confident. Accordingly, the scholars of abolishing analogy rules, clearly stipulates the principle of legality is an important embodiment of the development to perfect the criminal law of our country for a long time for the content of the study, provides extremely valuable suggestions for the legislature to amend the criminal law. "97 criminal law" delete on provisions in the general principles of criminal law at the same time, the provisions of article 3 : "the law expressly provides for the crime of conviction and punishment, in accordance with the law; the law does not expressly provided for the crime, shall not be convicted or punished". Legality is the core principle of modern criminal law of most countries. It is a concentrated expression of the criminal legal system is complete and progress. "The provisions of the 97 criminal law" provisions of article 3 of the undoubtedly become one of the most significant achievements of this amendment to the criminal law, its meaning should be the landmark in the new China criminal law history.

On the principle of equality before the law, in the "79 law" is not. Whether it is the basic principle of criminal law? Whether it is necessary to set up the "97 law"? Has caused different opinions. In 1982 China's constitution in the "basic rights and obligations of citizens" chapter firstly defines all citizens are equal before the law principle. This constitutional principle has three meanings: (1) "China's citizens regardless of nationality, race, sex, occupation, family background, religious belief, education, property status or length of residence, all enjoy equal rights under the Constitution and the law, are equal to the Constitution and the law obligations; (2 ) the legitimate rights and interests of citizens are equal to be protected, the illegal acts on all shall be. Never allow any criminals go unpunished; (3) in front of the law, does not allow any citizen is entitled to the privileges outside the law, no person shall be forced any citizen to bear the legal obligation not to outside, citizens are outside the law of punishment "(7. this constitutional principles include the equal administration of justice and the law. With the constitution as the legislation according to the "97 law" article 4 clearly stipulates: "the crime of any person, in the equal application of the law. People will not allow any privilege beyond the law". Obviously, "the provisions of the 97 criminal law" is a concrete manifestation of our constitutional principles, namely for any citizen to violate the criminal law constitutes a crime, criminal law applicable penalty equal to conviction, not allow anyone above the criminal law. The "97 law" stipulates this principle is of practical significance. With the increasing perfection and development of Chinese socialist legal system construction, the authority of the constitution will be more and more obvious, when including the constitutional principles of citizens to the principle of equality before the law to implement the criminal law, the future is no longer required that the constitution has stipulated the principle.

On proportionality (also known as the principle of suiting punishment) had not been in the "79 law" stipulated in the criminal law, but the formulation and implementation of this principle is embodied in the spirit, which in our country criminal law educational world has become. Strictly in accordance with the principle of equivalent principle to measure, and criminal justice legislation of criminal, there are still many should be improved, this is in recent years the academic and legislative, judicial departments to form a consensus. According to the equivalent principle of criminal legislation to solve the problem of criminal law concurrence of articles of law, legal coordination problems, the difference between pre and post all situation of crime to treat the problem; criminal justice according to the principle of conviction is to be solved, criminal responsibility and penalty sentencing accurate correspondence problem, problem, the correct application of the relevant system of punishment problems (8). "79 Criminal Law" carry out after 17 years of practice, both draw from experience or from the perspective of accept the lessons of view, will be the equivalent of this basic principle prescribed in the criminal law is the inevitable. The "97 law" fifth article on "the severity of the penalty, should with crime criminal crime and responsibility to adapt" provisions of the solemn is proportionate punishment to crimes recorded, shows that the criminal legislation of our country is more and more perfect, the future should pay great attention to should be in criminal justice and how to implement the principle of equal principle.

3 on the scope of application of criminal law changes

"Criminal law of 97" and "79 Criminal Law" in comparison, change involves the scope of application of criminal law is mainly manifested in two aspects: one is the jurisdiction of criminal law Chinese commit the crimes specified in areas outside the people's Republic of china. "79 Criminal Law" had stipulated in the article 4 : Chinese citizens in the territory of the people's Republic of counter revolutionary crimes committed 8 crimes criminal law, commits other crimes shall be subject to a minimum sentence of 3 years in prison. "97 criminal law" the provisions of the amended provisions in article seventh, paragraph 1 : "citizens of the people's Republic of China 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, can shall not be prosecuted". At the same time, the article 2 states: "the people's Republic of China 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". On one hand the change reflects the national staff, military crime severely punished spirit; on the other hand, according to a certain sentence should be divided according to the nature of the crime crime than the jurisdiction division is more scientific, which also embodies the principle of punishment commensurate with the crime. Two is the "97 law" article 9 defined "the regulations 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". This is not stipulated in the "criminal law of 79 ', the change of background and reason as described previously.

4 about the justifiable defense system changes

"79 Criminal Law" provisions of article seventeenth of the justifiable defense system, but because the provisions are inattentive and general, the flexible usage result obviously, affect the enthusiasm of citizens the correct use of the justifiable defense system to protect the legitimate rights and interests of the. The "97 law" in order to encourage citizens to exercise the right of self-defense, "criminal law of 79" made more changes: one is clearly out of justifiable defense and excessive defense line, for the actual operation. "97 criminal law" the twentieth paragraph 2 : "justifiable defence obviously exceeds the limits of necessity and caused major damage to the" excessive defense should bear criminal responsibility, here to add "obvious" two words of "significant harm" ("79" criminal law "is not harm") and 3 "the ongoing assault, murder, robbery, rape, kidnapping and other seriously endanger the personal safety of violent crime, take defensive actions, against illegal caused casualties, it is not undue defence, shall not bear criminal responsibility" has greatly narrowed the scope of defend excessive, provides a specific legal basis for the judicial practice the correct division of justifiable defense and excessive defense line, which means that only those who obviously should not take behavior is unjustifiable defense. Two of the unjustifiable self-defense criminal responsibility "79 change" criminal law "should be discretionary mitigated punishment or be exempted from punishment", delete "," two words, in the "97 law" Twentieth article 2 directly for "should be mitigated punishment or be exempted from punishment". This change is still in use self-defense weapon encourages citizens to actively protect the legitimate rights and interests of purpose, even if excessive defense, the criminal responsibility is also will reduce or exempt, punishment is light.

5 about unit crime

"The provisions of the 79 Criminal Law" in the subject of crime can only be a natural person, legal person or unit does not have become the subject of crime problems. Change of the crime phenomenon triggered by China social situation with ten years of reform, the legal person or unit subject of crime refers to the criminal law of the schedule. So, since the 1987 enactment of the new provisions of the Customs Law unit of smuggling crime, criminal decision and supplement involved economy later in the ten crimes as well as some subsidiary criminal law have stipulated the unit committed some crime. Discussion on the legal person can become the subject of crime in the academic circles of our country has continued for more than ten years, I will go on and on. But the actual need of legislation, justice is the fact that can not be ignored. Accordingly, the provisions about unit crime in the study of how to absorb some single laws and subsidiary criminal law, "97 criminal law" in the second chapter devoted to the establishment of a "crime", namely in the general principles of criminal law clearly stipulates the unit can become the subject of crime, and the punishment. "Corporate crime" in terms of foreign legislation and academic research of Chinese and foreign scholars have evolved and have certain scientific basis, "the unit crime" of the word fear did not get more recognition, "unit" is not as "legal persons" as a legal term fixed, what is the concept of strong, ambiguity. The "97 law" although the provisions of the "crime", the author thinks, as defined as "corporate crime", as for the unincorporated economic organization crime should be punished in accordance with the provisions of the corporate crime is suitable for.

6 on the penalty content change

"Compared to the 97 criminal law" and "criminal law of 79", a principal punishment and supplementary punishments are basically no change. As for the specific contents of the penalty, in addition to the control punishment execution to comply with the rules (see "97 criminal law" article thirty-ninth) and the provisions of the death sentence with a reprieve (see "97 criminal law" article fiftieth) have some changes, "97" criminal law "basically maintained the original provisions of the 79 Criminal Law", which is motivated by the need to consider maintain the continuity and stability of the law.

7 the provisions on change of penalty implementation

Relates to the criminals do not have the statutory mitigating circumstances, but according to the specific circumstances of the case, the minimum penalty sentenced to punishment is overweight, "79 law" stipulated in the fifty-ninth paragraph 2 : "the trial committee of the decision of a people's court, also may be sentenced to a punishment below the legally prescribed punishment". "In the second paragraph 97 criminal law" sixty-third it is changed to "approved by the Supreme People's court, also sentenced to punishment". This description applies below the legally prescribed punishment punishment "97 criminal law" provisions more stringent procedures than the "79 law". The direct cause of this change is the law of "79" criminal law "provisions of the statutory penalty sentenced to minimum punishment or too heavy" has not set specific standards, so the local people's courts have boundaries are not unified, arbitrarily large, there are some drawbacks. I have different opinions on the changes on legislation, that is still the "provisions of the 79 Criminal Law", with minimum penalty legal interpretation to make up for the "sentenced to punishment or overweight" specific enough to solve, this is convenient for operation, and can better play the role of reducing penalty provisions. As the "97 law" stipulated by the approval of the Supreme People's court actually greatly inhibited the mitigated punishment prescribed normal role to play, because China for such a large and complex decision shall be submitted to the approval of the Supreme People's court is not convenient, result, rarely use this provision.

Provisions on recidivism, "change in 97 criminal law is" 79 "criminal law" has two: one is the provisions of counter revolutionary recidivist modification provisions for the crime of endangering national security, which is directly related with the sub delete counterrevolutionary crime title. The two is to change the conditions for the establishment of the recidivist, crime before and after the interval period from 3 years to 5 years, this change is consistent with the actual situation of recidivist, recidivist and severely punish the spirit of.

In order to better reflect and implementation of combining punishment with leniency of criminal policy, encourage criminals surrender, meritorious service, to investigate a crime, "criminal law of 97" than the "79 law" on the voluntary surrender and meritorious service for more lenient sentencing provisions. One is the "97 law" in article sixty-seventh, Article 68 stipulates the concept of voluntary surrender, meritorious service, as defined in the practice of surrender, provides the legal basis for meritorious service (see "in the first paragraph 97 criminal law" sixty-seventh paragraph first and sixty-eighth). The two is to practice consistently by frank with the situation explicitly to surrender (see "in the second paragraph 97 criminal law" sixty-seventh), will sentencing discretion lighter punishment to the statutory mitigating, reduce. Three of the more lenient provisions of surrender, namely "surrender after committing a crime may be given a lighter punishment," is amended as "may be given a lighter or mitigated punishment", to "the lesser crime, can reduce the punishment" is amended as "may be exempted from punishment". Four of the more lenient provisions of crime, namely increased provisions has performed meritorious service (no need to surrender as the premise, ") may be given a lighter or mitigated punishment. A performance of great merit, can be reduced or exempted from punishment". The original provisions of criminal surrender after heavier "if a meritorious performance, can also be mitigated punishment or be exempted from punishment" is amended as "crime after the surrender and major meritorious services, shall be reduced or exempted from punishment".

Probation is a effective punishment struggle with minor criminal enforcement system. "97" criminal law "the 79 Criminal Law" provisions of the 4 Law of probation is increased to 6 under the provisions of the law, which is the specific provisions of the declared criminal probation must abide by the relevant regulations (see "97 criminal law" article seventy-fifth), relaxes the revocation of probation conditions, "if you commit a crime, the revocation of probation" to meet three conditions should be one of the revocation of probation (see "97 criminal law" article seventy-seventh). "These new changes in 97 criminal law" provides a legal guarantee specific to better play the role of the probation system.

Commutation is an important penalty in Chinese criminal law enforcement system, is the combination of punishment with leniency of criminal policy in the important embodiment of penalty execution stage. The "79 law" stipulated in article seventy-first, Article 72, but because there is no specific requirements for the "true repentance or performed meritorious service", the actual implementation is difficult to grasp the limits, arbitrarily large, and there is no strict regulations, many disadvantages existing. "97 criminal law" lessons learned using the commutation system in the practice of the court, in order to maintain the solemnity, convenient for practical operations, better play the role of the commutation system, defined the repentance, meritorious service, major meritorious services specific content ("97 criminal law" article Seventy-eighth as well as the application of commutation the system of legal procedures ("97 criminal law" article seventy-ninth).

Parole system is an important system of modern criminal law, the criminal law of many countries have stipulated the parole system suitable for the national conditions. China's "criminal law of 79" seventy-third, 74, 75 stipulation of parole system, but the provisions are too general, inattentive, resulting in the actual operation of arbitrarily large, the impact of the system to encourage criminals to accelerate transformation, turn negative factors into positive factors. "Criminal law of 97" to 86 to 6 the legal provisions of the length of the detailed provisions of the relevant provisions of the specific conditions of parole, parole legal procedure, was paroled criminals must comply with the conditions of parole revocation as well as from eighty-first. Compared with the "criminal law of 79", "97 major changes in the criminal law" is: (1) the provisions of recidivism and murder, explosion, robbery, rape, kidnapping and other violent crimes was sentenced to ten years in prison and life imprisonment of criminals, without the possibility of parole. This indicates that the application of parole system to meet more stringent conditions, to prevent criminals from serious danger to society of the parole system to evil. (2 ) provides the parole system of legal procedures as well as the commutation system. (3 ) will be revoked parole conditions from the original "to commit new crimes" of a modified for besides 2 cases, which found that leakage crime "in violation of laws, regulations or administrative rules and regulations or the public security department under the State Council parole supervision about, do not constitute a new crime. The change is to better play the role of the parole system.

(two) the main changes about criminal law content

Chapter 1 will be "79 Criminal Law" provisions of the anti revolution is amended as "97 criminal law" in the crime of endangering national security. The development of such charges change is in line with the political, economic and social situation in our country, but also in line with the provisions of the criminal law of many countries in the world, namely to harm the country's sovereignty, territorial integrity and Security Act, to split the country, armed rebellion, subversion of state power and system and foreign institutions, organizations, individuals collaborated with the national office working personnel of endangering national security, perform their duties during the course of endangering national security act, the law clearly, for a variety of crimes of endangering national security specifically, and sentenced to the statutory punishment. The "79 law" about this kind of crime has 15 laws, 20 charges, "97 law" revised 12 laws, 12 charges, other crimes of endangering public safety and harm were incorporated into the management order crime in chapter two.

Crimes against socialist economic order 2 will be "79 Criminal Law" stipulated in the "criminal law amendment for 97" in the destruction of the order of socialist market economy. By 15 the previous legal provisions to 92 legal provisions, soared by a dozen charges the original to dozens of charges. Charges added to the "market" two words reflect the great changes of economic crime: (1 ) marked with a planned economy characteristics of the crime has ceased to exist, so the revised criminal law to be deleted, such as forging, reselling tickets of planned supply crime. (2) according to the requirements of the socialist market economy, decomposition play the market for several kinds of specific crimes, not the general provisions of charges play the market, to avoid the boundary unclear cause law enforcement at. (3 ) developed in recent years according to the relevant provisions of the legislature a plurality of separate criminal law and accessory criminal law of economic crime execution, to production, sales of fake and shoddy goods crime, prejudice to the company, enterprise management order crime, the destruction of financial management order crime, the crime of financial fraud, the harm tax revenue collection crime, the violation of intellectual property rights crimes, crimes of disrupting market order and transplanted into the revised criminal law. (4) according to the new situation at present in the social economic life, "97 law" also added the crime of securities fraud, infringement of commercial secrets, false advertising, contract fraud and other new. "Compared to the 97 criminal law" and "criminal law of 79", from the legal provisions and charges increase, so that the original crimes against socialist economic order has been "lose one's beyond recognition". Such a huge change is proof of criminal legal construction of our country closely reflect the society and gradually tend to complete.

3 "79 Criminal Law" provisions of the hindrance social management order crime can be extended more in the "97 law". The hindrance social management order crime to crime "which contains more complex" as the characteristic, "97 law" still inherited the characteristics and build many new crimes: (1) the "79 law" provisions of the crime of hooliganism this "pocket" accusation is decomposed into several specific crime, in order to facilitate the judicial practice of accurate conviction, to avoid "hooliganism" general provisions of law enforcement will incur disadvantages. (2) 79 "criminal law" promulgated several criminal decision, a criminal offence under supplementary provisions and subsidiary criminal law transplant into "97 criminal law", such as the national flag, national emblem insult sin, excavating and robbing sites of ancient culture, ancient tombs of crime, the crime of illegal possession of drugs, the crime of major environmental pollution accident etc.. (3) the "disturbing social order 79 Criminal Law" provisions of other crimes charges into the "97 law" of the crime, such as perjury, crime, the crime of organize a jailbreak Jieyu etc.. (4 ) under the new situation the hindrance social management order present, "97 criminal law" also added the crime of underworld organization, the crime of illegal organizations to take revenge, others to sell blood, crime, illegal acquisition, supply blood crime, theft, the crime of insulting corpse, computer crime and other new crimes. "97 criminal law" in a length of 91 legal provisions of the specification of the prejudice and social management order, crime of every hue, reflect the revision of the criminal law to feature more complete.

4 "97 criminal law" the crime of bribery and corruption provided for independent sub chapter is "79 Criminal Law" didn't have. The crime of corruption originally stipulated in the "criminal law of 79" infringement property crime, bribery crime stipulated in the "original 79 Criminal Law" in the crime of malfeasance. The "79 law" in accordance with the practice in practice and adapt to the social actual life, will not outstanding civil servants in the crime of bribery and corruption stipulates the principle. In view of national politics, economy and later because life has undergone tremendous changes, with the characteristics of corruption crime of corruption and bribery has become more and more serious, serious. "The provisions of the 79 Criminal Law" has been far from being able to meet the actual needs of corruption crime, the legislature enacted in 1988, "the" Supplementary Provisions on the punishment of crimes of embezzlement and bribery, the early 90's the Supreme People's Procuratorate and the drafting of the anti-corruption law, objective is to strengthen the punishment of the crimes of the criminal legislation of bribery and corruption. "97 criminal law" the eighth chapter of the specific provisions of the crime of corruption and bribery is formulated on the basis of the above, it contains the crime of corruption, embezzlement, bribery, bribery, bribery crime, illegal offends, concealed and unreported offshore deposits, or specific collective crime crime. Of course, from the academic research point of view, the crime of corruption and bribery is separated from the next question should be talking about the malfeasance in the set up a separate chapter can be explored, because of corruption and bribery is a typical crime, necessary like free out in the same law, the legislative law according to the special some matters involving crime and punishment principle, make up a specialized anti-corruption law is.

5 on the crime of malfeasance changes. "Regulations on malfeasance 79 Criminal Law" is too general, legal punishment some crime too light, does not conform to the official strict spirit. According to the "new national official crimes more than ten years 79 Criminal Law" after the promulgation of "criminal law of 97", 23 the legal provisions of the space in more detail, specifically to regulate a variety of breach of privilege, be forgetful of one's duties, divulges State secrets, play favouritism and commit irregularities, favoritism and other criminal acts, and correspondingly increase the legal punishment. The modified malfeasance, embodies the national severe punishment of crime officer spirit, also facilitate the judicial practice in the very great degree.

6 "the crime of endangering the interests of national defense", "Military Crime of breach of duty" in the "add 97 criminal law" part, is a new criminal law revised. "The provisions of the 79 Criminal Law" enacted not had the two kinds of crime. The criminal punishment of "Military Crime of breach of duty" the provisions for the separate criminal law. The "97 law" be transplanted and increase the "crime of endangering the interests of national defense" chapter, embody the legislation pursuit a "big unification" criminal intent.

Notes.

[1] "79 Criminal Law" will come into effect on a date for the January 1, 1980.

After the founding of the legislative work [2] has just started twenty years of stagnation, to the end of the 70's and start again.

[3] from "China Communist third session of the Eleventh Central Committee of the" people's publishing house, 1978 December edition, page twelfth.

[4][5] see "on the people's Republic of China Criminal Law ''" criminal law amendment, the NPC Standing Committee room, publishing house of law, 1992 August.

[6] Cui Min: "the new development of Chinese criminal procedure law", Chinese People's Public Security University press, 1996 April.

[7] Wei Dingren editor: "constitutional" page 175th, Peking University press, 1989 July.

The [8] reference Chen Xingliang: "perfect" the basic principles of criminal law theory and criminal law, load "criminal law development and judicial perfection" one book, Chinese People's Public Security University press, 1989 September.