The new criminal law amendment few highlights of the

In the fully revised after tenth years, our country aimed at punishing various criminal law of the Seventh Amendment, in February 28th by the eleven meeting of the Seventh NPC Standing Committee voted through. This amendment shall come into force as of the date of publication, main content involves anti-corruption, pyramid sales, kidnapping, illegal disclosure of personal information.

This group of reports, detailed introduces the reader to the main content of this legal case and the masses of the people closely related to the.

Keywords one "side" and the body of bribery expand spouse lovers included

Before the amendment of criminal law [] no provisions in this regard.

Amendment [] national staff near relatives or other with the national staff close to the people, through the state working staff's behavior, or by the state authority and position of the convenient conditions formed by other countries, staff behavior of job, to seek illegitimate interests as trustees trustees, demanding or accepting money or property as trustees, larger amount or other heavy plot, is less than three years imprisonment or criminal detention, and shall also be fined; if the amount involved is huge or other serious circumstances, three to seven years in prison, and shall also be fined; if the amount involved is especially huge or other especially circumstances are serious, department for more than seven years in prison.

National staff turnover or their close relatives and other close relationship with, commits the act by taking advantage of the turnover of the national staff of the original power or position of the conviction and punishment, in accordance with the provisions of the preceding paragraph.

[interpretation] in recent years, our country and the leading cadres in leading cadres of bribery crime, "side" as spouses, children, lovers involved in the crime is a very universal phenomenon. In addition, some former national staff, using its influence in other countries, the working staff's act, to seek illegitimate interests as trustees, request, please accept the trustee or phenomena occur.

According to the provisions of the criminal law in China before the revision on the crime of bribery, bribery functionary crime, non national staff alone does not constitute a crime. Therefore, in judicial practice in the past, the court can only be based on the general provisions of criminal law provisions on joint crime, the leading cadres of "side" as a crime shall be prosecuted for criminal responsibility. The new criminal law amendment after the implementation of the main leading cadres, "side" and can be independent of the crime of accepting bribes, which make up the deficiency of law.

Keywords two huge amount of property with unidentified sources to dramatically increase the penalty for the crime maximum sentence to ten years

Before the amendment of criminal law [] national staff of the property or expenditure significantly more than the legitimate income, if the difference is enormous, may be ordered to explain the sources of. I could not explain the source is legitimate, the difference in order to illegal income theory, is less than five years imprisonment or criminal detention, the difference of the property to be recovered.

[] the maximum punishment amendment difference especially great in this crime from five years to ten years.

[interpretation] unknown source of huge property crime bad social impact. In order to meet the need of anti-corruption struggle, this amendment added to this kind of crime punishment, at the same time, in the sentencing and pay attention to the crime and corruption and bribery difference.

Keywords three "Mouse Storehouse" Supplementary Provisions to maintain the order of financial management of insider trading

Before the amendment of criminal law [] insider information in crime and criminal responsibility of the insider trading in securities, futures trading has been specified.

Amendment [] financial institutions, practitioners and the relevant regulatory authorities or industry association staff, the outside position of insider information and 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, shall be punished in accordance with the provisions of the crime of insider trading.

[interpretation] in the hot stock market, once appear this kind of circumstance, the fund company through research, decided to invest heavily to a stock. But the fund manager at the time to buy stocks themselves bought a lot, and told his relatives and friends also put more money into the stock, Jiancang advance, advance to run after, that is often said that "faster, the rat ran quickly" "". On past such behavior, can not use the provisions before the amendment of criminal law "insider trading" to fight. The new revised criminal law to the destruction of financial management order, damage the public interests of investors Act imposes criminal liability, is conducive to the fight against this kind of crime.

Keywords four pyramid sales strike pyramid sales behavior increased its provisions for the crime

Before the amendment of criminal law [] no provisions in this regard.

[] organization, leadership amendment 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, directly or indirectly to develop personnel quantity as payment or return basis, lure, stress participants continue to develop other people, diddle property, 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.

[interpretation] at present, to "pull the head", "charge entry fees" and other methods of pyramid sales crime, seriously disrupted social order, social stability, serious harm. In the judicial practice in the past, to this kind of case is mainly based on the implementation of pyramid selling crime, the crime of illegal business operation, respectively in accordance with the crime of fraud, crime of fraud and other criminal responsibility. The revision of criminal law, to adapt to the new situation, increased provisions organization, to lead the implementation of pyramid selling crime.

The new provisions, mainly on organizational leadership pyramid schemes, rather than ordinary pyramid retail personnel, because they are also victims.

Keywords five personal information illegal disclosure of personal information may be sentenced to three years in prison

Before the amendment of criminal law [] no provisions in this regard.

Amendment [] state organs or financial, telecommunications, transportation, education, medical and other units of staff, 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, is less than three years imprisonment or criminal detention, or be fined.

To steal 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.

[interpretation] in recent years, the citizen individual information by illegal leaks occur. The source of some unexpectedly is some state organs or public service of telecommunication, financial institutions. They provide services in the performance of official duties or in the personal information, such as identity card number, phone number, home address and other illegal disclosure, the citizen's personal and property safety, and posed a serious threat to personal privacy. The criminal law amendment to increase this provision, is conducive to the protection of the citizen individual information security.

Reduce the keyword six kidnapping kidnapping crime punishment to a minimum of ten years reduced to five years

Before the amendment of criminal law [] to extort property for the purpose of kidnapping, or kidnapping others as hostages, department for more than ten years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property; the death of the kidnapped person or kills the kidnapped person, the death penalty, and confiscation of property.

[] amendment to increase a penalty in the above provisions: if the circumstances are relatively minor, five years less than ten years imprisonment, fined.

[interpretation] now the kidnapping crime and has many years ago are not the same, before the kidnappers are desperado, method is also very cruel. Now the kidnappers many neither "murdered", also did not abuse behavior, as long as the money will be put. But before the amendment of criminal law of the crime of kidnapping the penalty level set low, already can not adapt to the need to handle this kind of complex cases. This revision, not only consider the kidnapping crime seriously jeopardize the personal safety should be severely punished, and taking into account the specific circumstances of this kind of cases of actual complex, therefore in the criminal law is set appropriately increase the grade. Such provisions for in accordance with the principle of suiting punishment to punish this kind of crime.

Keywords seven tax evasion is no longer a specific amount of first offender can not investigate the criminal liability

Before the amendment of criminal law [] provisions were made from the standard of conviction and sentencing of the specific amount of tax evasion and tax payable ratio of two aspects of tax evasion.

[amendment] 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; huge amount and among the tax payable shall be more than thirty percent, three years more than seven years of fixed-term in prison, fined.

At the same time increase provisions: the above acts, 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.

[interpretation] in the economic life, tax evasion is very complex, the same amount of tax evasion in the degree of harm to society in different periods are also different. Therefore, suggest that the relevant departments, in the criminal law of the crime of evading taxes the amount of specific standards are not required, by the judicial organs according to the actual situation to make judicial interpretation and timely adjustment. Considering the purpose of fighting against tax evasion crime is to maintain the order of tax collection, ensure tax revenue, national for the first offence, the tax authority pointed out actively in back taxes and fines, fulfill the obligations to pay taxes, to accept the administrative punishment, but not as a crime shall be investigated for criminal responsibility, in order to better reflect the leniency policy.

Keywords eight minor theft organization minor theft may be the highest for seven years

Before the amendment of criminal law [] no provisions in this regard.

Amendment [] organizes minors to commit theft, fraud, plunder, blackmail and impose exactions on violation of security management activities, 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 of less than seven years imprisonment, fined.

[interpretation] in some large and medium-sized city, minors are organized to steal, rob such violations occur from time to time, behind them often have an adult gangs operating in. Such acts seriously endangers public order, impair the physical and mental health of minors, should as a crime.

Keywords nine anti money laundering modify and improve the related measures additional units harboring a criminal

Before the amendment of criminal law [] knew perfectly well that is the crime income and its benefit and to be harboring, transfer, acquisition, sale or for other ways to cover up, conceal, is less than three years imprisonment, criminal detention or control, or be fined; if the circumstances are serious, department for more than three years to seven years in prison, fined.

[unit crime amendment] increase the crime.

[interpretation] in real life, this kind of crime is the implementation of some units, according to the current law is unable to be investigated for criminal responsibility unit. Amendment to increase the unit commits this crime stipulated in criminal law, but also conducive to further improve the anti money laundering measures.

Keywords ten military vehicle number plate

Theft vehicle plate a maximum sentence of seven years in prison

Before the amendment of criminal law [] no provisions in this regard.

Amendment [] forged, theft, sale or illegally provides, the armed forces special symbols such as number plates of vehicles, if the circumstances are serious, is less than three years imprisonment, criminal detention or control, or be fined; if the circumstances are especially serious, three to seven years in prison, fined.

At the same time, provides unit crime such behavior.

[interpretation] in recent years, theft, rental, illegal use of military vehicles have occurred. Amendments added provisions in this regard, is conducive to maintaining social order and the army image, reputation, security forces and the normal operation of.