As we know, the Supreme People's court bear charges after the legislation of criminal law of our country determine work, so Zhang Jun Dean's speech should be "authoritative publication", because of the Supreme People's court charges and judicial interpretation has not come out, Zhang Jun Dean said that the authoritative works also did not come out, therefore, the author carefully study the amendment (eight) the provisions that additional charges, including the following10A:

One, No.133Article one: the crime of dangerous driving

The amendments to the criminal law(Eight) Twenty-two, in article 133rd of the criminal law. After adding a, as one of 133rd: "drive a motorized vehicle on the road racing, if the case is serious, or in the way of drunken driving motor, detention, and shall also be fined.

"The acts mentioned in the preceding paragraph, which also constitutes another crime, in accordance with the provisions of punishment heavier punishment."

In terms of racing has "limited bad plot", but for drunk driving is not the limit. This means that as long as drunk driving, whether or not have serious consequences, constitute a crime.

Among them, "the acts mentioned in the preceding paragraph, which also constitutes another crime, in accordance with the provisions of punishment heavier punishment." The so-called "other crimes" including traffic accident crime, the crime of obstruction of official business. Because of the dangerous driving crime maximum sentence is only for criminal detention, criminal detention period, as the following one to six months. So, for dangerous driving causing casualties or other serious losses, shall constitute the crime of traffic accident; and for obstructing traffic law enforcement personnel to correct or dangerous driving behavior, may constitute the crime of obstruction of official business.

Two, No.160Article2Paragraph: to foreign officials or officials of public international organizations bribe

Twenty-nine, the article 164th of the criminal law is amended as: "to seek illegitimate interests, giving the company, enterprise or other unit staff to property, large amount of, is less than three years imprisonment or criminal detention; the enormous amount of, at more than three years to ten years in prison, fined.

"To seek illegitimate business interests, given to foreign public officials and officials of public international organizations to property, shall be punished in accordance with the provisions of the preceding paragraph. (increase the terms)

"Where a unit commits the crime in the preceding two paragraphs, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, shall be punished in accordance with the provisions of the first paragraph.

"Bribery before prosecution confesses his bribery behavior, can be mitigated punishment or be exempted from punishment."

Lawmakers demanded the charges must be in order to seek illegitimate business interests, in order to political, military and other interests, not constitute the crime, but it does not mean that do not constitute other crimes.

It should be noted that, the legislation for the independent crime in accordance with the provisions of the independent penalty or that "in accordance with the... The provisions of punishment." And not a separate crime, pointed out that "in accordance with the... The conviction and punishment". It provides an important basis for the number of charges for us to determine.

Three, No.205Article one: Crime of falsely making out invoice

Thirty-three, in article 205th of the criminal law. After adding a, as one of 205th: "other invoices Xukai 205th article of this law, if the circumstances are serious, is less than two years imprisonment, criminal detention or control, and shall also be fined; if the circumstances are especially serious, department for more than two years of less than seven years imprisonment, fined fine.

"The unit crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph."

Four, No.210Article one: forged invoices

Thirty-five, in article 210th of the criminal law. After adding a, as one of 210th: "knowing is forged invoices and hold, large quantity, is less than two years imprisonment, criminal detention or control, and shall also be fined; the number of big, two to seven years in prison, fined.

"The unit crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph."

Five, No.234Article one: the sale of human organs, the crime of organizing others

"Criminal law" amendment (eight): Thirty-seven the provisions in article 234Th of the criminal law (the crime of intentional injury) increase after a, as one of 234Th ": organizing others betray body organs, is less than five years imprisonment, fined; if the circumstances are serious, department for more than five years in prison, fined or confiscation of property.

"Without the consent of the organ harvesting from, or under the age of eighteen organs, or force, deceive others donate organs in accordance with the provisions of this law, article 234Th, article 232nd convicted and punished. (232nd bands were: the murderer, sentenced to death, life imprisonment, or more than ten years; if the circumstances are relatively minor, three to ten years in prison. Article 234Th deliberately hurt others body, is less than three years imprisonment, criminal detention or control)

"Take the body organs against their wishes, or I was not agreed, in violation of state regulations, take the body organs against their close relatives will, in accordance with the provisions of article 302nd convicted and punished." (302nd theft, insults corpses, is less than three years imprisonment, criminal detention or control.)

It is understood, in our country every year100Million people for peritoneal dialysis or hemodialysis, need for renal transplantation; every year30Million in patients with advanced liver disease to liver transplantation, which is one of only about 1% of the patients can obtain the chance of organ transplantation. So, "donor" shortage will inevitably lead to the existence of the illegal trade in human organs.Therefore, the law must respond. Therefore, the crime that the illegal trade in human organs must crack down and punish.

It should be noted that, I sold their organs does not constitute a crime.

Six, No.244Article2Paragraph: assist force others to work in crime

"Thirty-eight, the article 244th of the criminal law is amended as:" forcing others to violence, threat or restriction of personal freedom of labor, is less than three years imprisonment or criminal detention, and shall also be fined; if the circumstances are serious, department for more than three years to ten years in prison, and fined.

"Knowingly commits the act, for the recruiting, transporting personnel or other assistance force others to work behavior, shall be punished in accordance with the provisions of the preceding paragraph.

"Where a unit commits the crime in the preceding two paragraphs, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, shall be punished in accordance with the provisions of the first paragraph."

The crime is not forced labor, but it became a crime. Because here that this behavior "be punished according to the preceding paragraph", rather than "conviction shall be punished under the preceding paragraph".

Seven, No.276Article one: the malicious back pay crime

Forty-one, in article 276th of the criminal law. After adding a, as one of 276th ": to transfer property, escape to avoid paying the remuneration of workers or the ability to pay and no pay labor remuneration, labor amount is large, the government authorities shall pay still do not pay, is less than three years imprisonment or criminal detention, or be fined; if the consequences are serious, department for more than three years of less than seven years imprisonment, fined.

"The unit crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.

"The acts mentioned in the preceding two paragraphs, if serious consequences have not yet resulted, pay the remuneration of workers in the public prosecution, and bear corresponding liability for compensation according to law, can be reduced or exempted from punishment."

(article 276th of the criminal law because of anger revenge or other personal aims, machinery and equipment, farm animals to destroy or damage by other means of production and operation, a fixed-term imprisonment less than three years, criminal detention or control; if the circumstances are serious, department for more than three years to seven years in prison.)

The subject of the crime of malicious wage sin include units and individuals, but to clear the different circumstances of criminal responsibility of different subjects, it is necessary to inspect the labor legal relations in the special case.

The amendments to the criminal law(Eight)The malicious back pay crime stipulated by the "objective elements by relevant government departments shall pay still don't pay". Problem for the labor dispute cases, should as far as possible by the labor administrative department or settled through civil litigation, if the solution after the administrative department and civil litigation, with people who refuse to perform their legal obligations, in order to use legal means.

The eight amendment to the criminal law, article338A: "the crime of major environmental pollution accident" is amended as "major environmental pollution"

"Criminal law((Amendment eight))"The original" criminal law "338th article" the crime of major environmental pollution accident "made a big change.

Before the amendment of the "criminal law" the 338th stipulation: "in violation of state regulations, to the land, water, air emissions, dumping or disposal of radioactive waste, waste containing pathogen of infectious diseases, toxic substances or other dangerous wastes, causing major environmental pollution accident, serious consequences resulting in serious losses to public or private property or human casualties the, is less than three years imprisonment or criminal detention, or be fined; if the consequences are especially serious, department for more than three years of less than seven years imprisonment, fined."

Revised provisions: "in violation of state regulations, discharge, dumping or disposal of radioactive waste, waste containing pathogen of infectious diseases, toxic substances or other harmful substances, severe pollution of the environment, is less than three years imprisonment or criminal detention, or only be fined; if the consequences are especially serious, three years more than seven years in prison, fined."

This amendment, reduce the threshold for conviction by extending the applicable scope, the way, greatly enhanced the "criminal law" deterrent. The perfection of criminal responsibility, China's increased efforts to crack down on the crime of polluting the environment behavior, including the following:

1The constitution of the crime of the modified by "serious consequences" for the "serious pollution of the environment".2The discharge, dumping or disposal of "hazardous waste" is amended as "hazardous substances".Its range is greatly expanded, helps to reduce the threshold of environmental crime.3Delete "provisions of the land, water, air emissions, dumping or disposal". The scope of application of article 338th wide, regardless of whether or not to land, water, air emissions, dumping or disposal, can constitute a crime. (see Wang Wei: eight "amendment to the criminal law of the crime of major environmental pollution accident" revised interpretation,Http://www.dffy.com/faxuejieti/xs/201103/22024.html)

Nine, No.408Article one: food regulators the crime of breach of privilege

Amendment forty-nine, in article 408th of the criminal law. After adding a, as one of 408th: "work personnel of state organs in charge of food safety supervision and management duties, breach of privilege or be forgetful of one's duties, causing a major food safety accident or cause other serious consequences, is less than five years imprisonment or criminal detention; if the consequences are especially serious at five years, more than ten years in prison.

"Play favouritism and commit irregularities committed the crime mentioned in the preceding paragraph, shall be given a heavier punishment."

Article 408th of the criminal law as a "408th The staff in state organ responsible for supervision and management of environmental protection seriously irresponsible, causes a serious environmental pollution accident, resulting in serious losses or serious consequences caused personal injury to public and private property, is less than three years imprisonment or criminal detention."

Ten, No.408One of the crime of dereliction of Duty: Food supervisors

Because of breach of privilege or be forgetful of one's duties belonging to different sins, because the criminal law 397th stipulation "state personnel who breach of privilege or be forgetful of one's duties, cause public property, the interests of the state and the people suffered a major loss, is less than three years imprisonment or criminal detention; if the circumstances are especially serious, department for more than three years to seven years in prison." This clause after the Supreme People's court will determine its two charges. So, one of 408th shall also include the two charges.