"The people's Republic of China Criminal Law"Article13Article:All the harm national sovereignty, territorial integrity and security, secession, to subvert the people's democratic dictatorship and overthrow the socialist system, undermine social and economic order, violation of property owned by the state or collective property of all, all of the infringement of citizens' private property, infringement of citizens' personal rights, democratic rights and other rights, and other acts that endanger society, in accordance with the law shall be subject to criminal punishment, is a crime,But circumstances are obviously minor and the harm is not great, not deemed a crime.

The criminal law article13A general definition of crime, it means that the criminal law according to the properties, behavior of the circumstances, the provisions of social harmfulness behavior should be subject to punishment for crime; secondly, specific provisions on judicial interpretation of criminal law on crime plays an important guiding role, namely the judicial organ to the constitutive elements of crime should be specific for the explanation of the essence.

The problem is, in accordance with the provisions of the criminal law on the behavior of the premise of constitution of crime can be directly under the proviso declaring some kind of behavior is innocent?

The concept of crime is not determined by the specific standard, crime, criminal law13Proviso is not announced specific criteria. The judicial authorities can only be based on the element of crime that the acts of crime, rather than directly to the social hazardous size of crime. If you act in accordance with the constitution of the crime, but crime; if the act does not conform to the crime constitution, nature does not constitute the crime.

If you act in accordance with the constitution of the crime, but according to Article13Proviso acquitted, the criminal law of the crime and its significance, also violated the criminal law article3The provisions of article. ("criminal law" article3Version, Zhang MingkaiA)

The people's Republic of China Criminal Law

Article thirdThe 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.