The concept of crime in the criminal law in the field of

   Recently, several friends have some legal advice to me. Always refer to the crime, crime and punishment in the course of their problems, but listen to their descriptions are civil disputes, not related to the "criminal law" level. Here I am shallow talk about "crime" this concept, our criminal law to regulate ten kinds of crime and related crimes.

The concept of crime

   The provisions of the criminal law of the crime refers to the behavior of people in violation of the provisions of the criminal law of our country, according to the provisions of the criminal law shall be punished, socially harmful behavior. Crime has three basic characteristics: (1) serious harm to society; (2) criminal illegality, namely the perpetrators of violations of the provisions of China's "criminal law" and other criminal law; (3) harsh punitive, namely behavior once implemented will be corresponding legal sanction against the criminal law provisions of the act.

   China's criminal law did not abstract summarizes the concept of crime, but provides what crime by the way of enumeration. Our country criminal law thirteenth stipulation "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, infringement of citizens' private property, infringement of citizens' personal rights, democracy rights and other rights, and other acts harmful to 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."

Ten kinds of crime in two, the provisions of the criminal law and related charges

   From the provisions of the criminal code article thirteenth we can see that China's criminal behavior can be summarized as follows:

1, the crime of endangering national security

Crimes of endangering national security, is deliberately endangering the state security of the people's Republic of China behavior.

The crime of endangering national security, specific provisions of criminal law includes: the crime of treason, secession crime, crime of inciting split of the state, armed rebellion, violence crime, subversion of state power, inciting subversion of state power, supported by the crimes of endangering national security crime, crime of escape to mutiny, treason, espionage, steal, spying, buying, illegally providing state secrets, intelligence crime, the enemy capital crimes such as the 12.

2, the crime of endangering public safety

The crime of endangering public safety in specific provisions of criminal law, including: arson, solve water crime, the crime explosion, poisoning crime, traffic accident crime, the crime of sabotaging means of transportation, fire sin, crime of negligently breaching dikes, crime of negligently causing explosions, fault poisoning crime, crime of sabotaging transportation facilities.

3, the crime of undermining the order of the market economy

In specific provisions of criminal law the crime of undermining the order of socialist market economy, concrete is divided into eight categories:

(a) production, sales of fake and shoddy goods crime

(two) the crime of smuggling

(three) owed to the company, enterprise management order crime

(four) the destruction of financial management order crime

(five) the crime of financial fraud

(six) the harm tax revenue collection crime

(seven) the violation of intellectual property right

(eight) crimes of disrupting market order

4, violation of civil rights, democratic rights of crime

   The violation of civil rights, democratic rights of crime, refers to intentionally or negligently encroaches upon the citizen personal rights, democratic rights behavior.

Criminal law provides for the infringement of citizens' personal rights, democratic rights of crime, including: the crime of intentional homicide, rape, intentional injury crime, crime of carnal knowledge of a child, the crime of forced labor, the death caused by negligence, negligence mayhem, the crime of abducting and trafficking in women and children, the crime of illegal intrusion into the house.

5, crimes of property violation

Crimes against property, refers to intentional illegal possession of public or private property, embezzlement, or intentionally destroys public or private property, destruction of production and management behavior.

In specific provisions of criminal law crime of property violation, specifically including: theft, fraud, bribery, embezzlement crime, the organized robbery crime, crime of misappropriation on certain property, embezzlement, misappropriation of funds, facilities blackmail, robbery, intentional destruction of property crimes, crime of sabotaging production and business operations and other 12 charges.

6, the hindrance social management order crime

The hindrance social management order crime, is refers to the violation of the national organ of the social management activities, disrupt the normal order of society, behavior of a serious nature.

The provisions of the criminal law of the crime of obstructing the administration of public order, concrete is divided into nine categories:

(a) the crime of disrupting public order

(two) crime of obstruction of Justice

(three) obstruction of the country (border) environmental management crime

(four) crimes against control of cultural relics

Crime of endangering public health (five)

(six) environmental crime

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

(eight) organization, force, induce, shelter, crime of introducing prostitution

(nine) production, trafficking, the crime of spreading obscene objects

7, the crime of endangering the interests of national defense

The crime of endangering the interests of national defense, is a violation of national laws and regulations, refuses to perform the obligation of national defense or endangering the interests of national defense in other forms in accordance with the law, be punished.

(a) constitute the crime of endangering the interests of national defense

(1) the object is infringing the interests of national defense

Refers to the countries to prevent and resist foreign aggression, stop armed subversion, for safeguarding national sovereignty, unity, territorial integrity and security of military and military related political, economic, diplomatic, science and technology, education, activities of interest, including defense material basis, combat and military action, national defense management program, the armed forces construction and other aspects of interest.

   (2) the objective aspects of the implementation of the violation of national laws and regulations, refuses to perform the obligation of national defense or endangering the interests of national defense to other forms of behavior

The violation object including the armed forces, military, military weapons and equipment, military facilities, military communications, military military restricted zones and the military administrative zones, official documents, certificates, seals, army, army special signs.

(3) the subject of crime including both individuals and units

(4) the subjective aspect most crime intent, the individual crime out of negligence

(two) the classification of the crime of endangering the interests of national defense:

In specific provisions of criminal law the crime of endangering the interests of national defense, including: block the military duty crime, crime of obstructing a military operation, destruction of weapons and equipment, military management area in order to disturb the crime of instigating soldiers fleeing troops, crime, deliberately providing substandard of weaponry, hire fled troops crime, the crime of the impact of the military restricted zones.

 8, the crime of corruption and bribery

The crime of corruption and bribery, refers to the state personnel who take advantage of their office, the illegal possession, misappropriation of public property and damage the country staff duty honest behavior.

The basic characteristics of the crime of corruption and bribery is:

(1) the violation of the object is the honesty of the national staff duty

(2) the objective aspect of the performance by taking advantage of his office, the implementation of the illegal possession, misappropriation of public property and damage the national clean system, behavior of a serious nature

(3) the subject of crime is the most special subject, or national staff, the minority is a general subject

(4) the subjective aspect only for direct intent, negligence does not constitute this kind of crime

In specific provisions of criminal law crime of bribery and corruption, including: the crime of corruption, embezzlement, bribery, the unit bribery crime, bribery crime, crime of offering bribes to a unit, the introducing bribe crime, unit crime, the crime of huge unidentified property, crime of concealing deposits abroad, dividing the state-owned assets crime, crime of dividing the confiscated property 12 charges.

9, the crime of Malfeasance

Crime of malfeasance, refers to that the state personnel violate official duties, breach of privilege, be forgetful of one's duties or play favouritism and commit irregularities, obstructing the normal functional activities of state organs, resulting in serious losses to the interests of the state and people's behavior.

In specific provisions of criminal law of the crime of malfeasance, including: the crime of breach of privilege, be forgetful of one's duties crime, the crime, the crime of misuse law in adjudication, environmental monitoring misconduct, indulging smuggling, the crime of dereliction of duty, state organ staff contract dereliction of duty crime, animal and plant quarantine is involved in malpractice crime.

10, the military crime of breach of duty

Crimes of soldiers violating military duties, breach of duty is the military, harm the military interests of the state, in accordance with the law and should be subject to penalty.