The interpretations of the criminal law amendment (seven)

 

The amendments to the criminal law by the Standing Committee of National People's Congress seven 09 years was published in February 28th, has been implemented. As a new criminal law amendment, the standard to which behaviors, which is the focus of attention of the law.

 

Yes.Smuggling of rare plants, rare plant products of sinModification. Article I of the amendment to the criminal law 151st: the third paragraph is revised as follows: "other goods, smuggling of rare plants and their products are prohibited by the state, is less than five years imprisonment or criminal detention, or be fined; if the circumstances are serious, department for more than five years in prison, fined."

 

Difference is that the original rule is: "rare plant smuggling national ban on the import and export of its products". Not including the National prohibition of other goods, the import and export of goods. The amendment explicitly enlarge the object "of criminal law protection of rare plants and their products and other countries against other goods, the import and export of goods".

 

Yes.Insider trading, trading information leakage in twilight crime]Modification.The amendments to the criminal law second stipulation: article 180th of the criminal law is amended as "insiders of securities, futures trading on inside information or illegal acquisition of securities, futures trading information staff, involved in the issue of securities, securities, futures trading or other securities, have a significant impact on futures trading prices information not yet publicized, buy or sell the securities, or engage in futures transactions associated with the insider information, or disclose this information, express, implied or others engaged in the trading activities, if the circumstances are serious, is less than five years imprisonment or criminal detention, or impose a single illegal income more than five times the fine; if the circumstances are especially serious at five years, more than ten years in prison, and the illegal income more than five times the amount of fines".

 

And the difference between the original article: one, the original article is only: "securities, futures trading insider" amended to add"Or illegal acquisition of securities, futures trading information staff". An increase in crime subject.

 

Two, the sanctions the behavior is: "in the issue of securities, securities, futures trading or other securities, have a significant impact on futures trading prices information not yet publicized, buy or sell the securities, or engage in connection with the insider information of the futures trading, or disclose the information"; revised increase"Express, implied or others engaged in the trading activities, if the circumstances are serious".

 

One paragraph is added as the fourth paragraph: "financial institutions, securities exchanges, securities companies, futures exchange, futures Broker's Firm, fund management companies, commercial banks, insurance companies and other practitioners as well as the staff of the relevant regulatory authorities or industry associations, the outside position facilitating access to insider information and other undisclosed information, violate the provisions, engaged in related with the information of securities, futures trading activities, express, implied or others engaged in trading activities, if the circumstances are serious, shall be punished in accordance with the provisions of the first paragraph."

 

The new rules to regulate the widening of the pan"Financial institutions, securities exchanges, securities companies, futures exchange, futures Broker's Firm, fund management companies, commercial banks, insurance companies and other practitioners, as well as the staff of relevant regulatory authorities or industry associations"Behavior. If these people have"The outside position of insider information to other undisclosed information, in violation of the provisions, engaged in related with the information of securities, futures trading activities, express, implied or others engaged in trading activities, if the circumstances are serious"That should be punished by the provisions of the first paragraph.

 

    The amendments to the criminal law seven article fifth [the illegal business crime] were modified, but the content is very simple, only to article 225th of the criminal law third add a sentence"Or illegally engaging in fund payment and settlement business."

 

Article sixth of the crime of kidnapping is modified. The difference is that the crime of kidnapping sentence reduction : "if the circumstances are relatively minor, five years less than ten years imprisonment, fined."At the same time, the Legal Daily, "a comprehensive interpretation of the criminal law amendment seven" on the "cancel the original provisions' to extort property for the purpose of stealing a baby, in accordance with the provisions of the preceding paragraph the provisions of punishment '" is wrong, the new amendment still stipulated"Whoever steals an infant for extortion, shall be punished in accordance with the provisions of the preceding two paragraphs."

 

  

The amendments to the criminal law seven article third to article 201st of the criminal law is amended as: "taxpayers to take deception, conceal the means of false tax returns or not to declare, to avoid a large amount of pay taxes and the tax payable shall be accounted for more than ten percent, is less than three years imprisonment or criminal detention, and shall also be fined; the huge amount of the tax payable shall be above thirty percent and at three years, more than seven years in prison, fined.

This one change greatly. And the contrast can be seen, behavior model and corrected after the former behavior patterns are significantly different. The original article "taxpayer forges, alters, concealment, unauthorized destruction of account books, accounting vouchers, account books in overstating expenses or not listed, less income, after being notified by the tax authorities to declare and refuses to report or filing false tax returns, fails to pay or underpays tax payable," and, for a crime the amount of the original "has different requirements for the amount of tax evasion of the tax payable shall be ten percent less than thirty percent and the amount of tax evasion is less than one hundred thousand yuan in ten thousand yuan of above, or because the tax is the tax authorities two administrative sanctions and steal tax," the revised isA large amount of tax payable and account for more than ten percent of the,Is less than three years imprisonment or criminal detention, and shall also be fined; a huge amount of tax payable and accounted for more than thirty percent, more than three years to seven years in prison, fined."

Paragraph second of the "tax payable amount accounted for more than ten percent and the amount is in ten thousand yuan of above," unified into"Large amount".The amount to be clear judicial interpretation.

 

"The first paragraph of behavior, issued by the tax authorities. Notice in accordance with the law, pay the tax payable, pay a surcharge, has been subject to administrative penalties, shall not be subject to criminal liability; but, five years for evading payment of tax authorities except or be given administrative punishment two times more than the tax has been subjected to criminal punishment."

 

The fourth paragraph is a bright spot. The criminal law protection of national revenue, after being pressed to pay taxes, to accept the administrative punishment of tolerance. The consequence of this is "not be investigated for criminal responsibility". Similarly, the legal provision "five years of internal tax evasion of criminal punishment, except by the tax authorities or administrative punishment two times."

 

 

The criminal law amendment (seven) the provisions in the fourth article, in the article 224th of the criminal law, one article is added as one of two hundred and twenty-four. This article explained clearly, criminal law amendment seven of article fourth of the content, shall be added to the original contract fraud crime.

 

The author thinks that:The provisions of this article has the following problems. First according to the provisions of this article, it is "organization, leadership sanctions...... Disrupt social and economic order of the pyramid selling activities." Should be the main organizer, leader. But at the same time, the provisions of this article, "and in accordance with the order of composition level" so, this term appears vague condition. Because, since there is a hierarchy, there is also the organizer and leader of different levels. All of the organizer, leader is punishment or penalty supreme "on-line" usually said the organizer, leader? Therefore, the author suggested that the number of organizers, leaders leadership or scale quantization. Convenient operation in practice, such as "above" the organization or leadership ten is a clear concept. Otherwise, the judicial practice it is difficult to apply.

 

Added content is: "the organization, leading to the sales of goods, services and other business activities as, participants are required to pay fees or purchase goods, services such as access to join the qualification, and according to the order of composition level, the number of directly or indirectly to develop personnel as payment or return basis, lure, stress participants continue to develop other people, cheat, disrupt social and economic order of the pyramid selling activities, is less than five years imprisonment or criminal detention, and shall also be fined; if the circumstances are serious, department for more than five years in prison, and fined."

 

You can clearly see, legislative technology used in this article is a list of. MLM behavior that is often said that the one one list, for the actual operation. This is also the years of the criminal law amendment in the most attract sb.'s attention again.

The criminal law amendment (seven) "the provisions staff of state organs or financial, telecommunications, transportation, education, medical and other units, in violation of state regulations, the unit to provide personal information service in the process of performing their duties or sold, or illegally provides to others, if the circumstances are serious, less than three years in prison or detention, or be fined.

"Stolen or otherwise unlawful access to the information, if the circumstances are serious, 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 persons directly responsible shall be punished in accordance with the, the provisions of paragraph."

 

     The first is to state organs and the financial, telecommunications, transportation, education, medical and other units of staff as the subject of criminal responsibility. If it is the unit in the performance of duties or to provide services in the process of personal information of citizens "sell or illegally provides to others" behavior, will be subject to criminal penalties.

 

   Here "selling and illegally providing" sell are required for the purpose of profit, and illegally providing no profit, its just in violation of state regulations, illegal to provide other information is enough. At the same time "if the circumstances are serious". Here the serious pending further clear judicial interpretation.

 

   The second paragraph is "stealing" or "other illegal access to the information" if the circumstances are serious, also by the provisions of the preceding paragraph. According to the provisions of this paragraph, stealing and illegal access, does not require or illegally sell to others, but theft and illegal access to personal information "serious" also needs a clear judicial interpretation.