"Criminal law" on the notes in class

Speaker: Wu Mingan

Introduction: the study of criminal law should pay attention to the problem

1 in accordance with the general requirements of learning, to the constitution of a crime.

Specific relates to the Constitution and the legal punishment of the crime problem, but specific, there are two important boundaries cannot do without the requisites to constitute a crime, a crime and non crime is related to the boundaries of the crime, and closely related, depends on the specific provisions of criminal law the crime tenable condition to be identified every sin, which may be related to the objective and subjective aspects,, may also be related to the subject.

On the subject, there are many crimes related to the special subject, identity crime. Special subject status crime depends on the specific provisions of the special status of the subjective element set, if the lack of will not constitute a crime; illegal behavior but did not cause serious consequences, will not constitute a crime, it is related to the elements in the content, relates to the distinction between crime and non crime.

Another important line sub boundaries is this crime and other crime, especially some similar related crimes to distinguish, this distinction is usually defined according to the elements of a crime.

There are a lot of crime in the specific provisions are similar, there may be similar or the same place, but also has the very big difference, how to grasp, how to distinguish between, say, the crime of corruption and embezzlement, the two kinds of crime, is basically the same as in the objective behavior, is to cheat, steal, plunder or other illegal ways for their handling storage unit property behavior. This behavior may be corrupt, it is practical to occupy, the two kinds of crime how to define? In fact, the main difference is that the subject of crime of different.

The subject of crime, there are several important concepts.

The crime of accepting bribes and non national staff bribery, embezzlement and misappropriation of funds, the main difference is that the subject of crime Is it right? National staff.

Theft and embezzlement crime and how to distinguish? A similar places in this two kinds of crime, the sense is also illegal possession of property behavior, such as object, the crime of embezzlement is limited to three kinds of specific objects, in addition to produce different time, occupying the first legal acquisition, after illegal possession; theft is the first intention of illegal possession, then the secret steal. This is the fundamental difference between them.

This kind of crime should be how to distinguish, it cannot do without elements of the crime of comparative analysis, and then combining with the judicial practice, seize the key they distinguish, also can not be generally from four elements of the difference, eventually may be unable to distinguish between these two kinds of crime.

The study on general principles of criminal constitution theory, used in the specific provisions should be practical, we draw the crime and non crime, this crime and other crime boundary according to the most important. This is the first one to pay attention to the problem in the specific provisions of criminal learning.

Definition 2 specific crimes, we should pay attention to some problems.

To determine the specific charges, now a high by the form of judicial interpretation of criminal law is to be determined, so in the law is not required, and no legal charges, is in the form of judicial interpretation to determine the crime. The criminal law also provides some of the charges, such as sub Chapter 10 charges, one of the third chapter of crime of undermining the order of the market economy, the sixth chapter of obstructing the administration of public order crime, the eight and nine sections, each section has the section name. Each section of the crime category accusation, criminal law classification is how to classify, basically is divided according to the similar characteristics of crime, but a moderate consideration of the subject of crime, such as the crime of malfeasance, military crimes which is from the main consideration. But the main classification is divided according to the crime of the same characteristics, division of the crime is a general term for a kind of crime, not the specific charges, in a conviction, must be based on the specific provisions, determine the specific charges, the judicial interpretations of certain.

No charges to the conviction of malfeasance crime, for example, cannot be accused of a person, to determine a person accused of malfeasance crime of malfeasance, not a specific offence, is a crime of smuggling general; nor the specific charges, in this year's criminal law, the crime of smuggling is a specific offence, but in in 1997 the justice, the crime of smuggling content greatly expanded, the decomposition, according to different objects, specifies the elements and legal provisions of different departments, so the smuggling because of the different objects, divided into different charges.

In a specific crime, behavior crime, should be used to determine the specific charges, not with the class.

Also pay attention to a problem 3 determine the charges, is the specific provisions, in accordance with the judicial interpretation of the crime. There are some charge includes a variety of crime, object. This kind of crime in theory called selective accusations. Selective charges in behavior, behavior object or a choice in the behavior main body, selective charge certain rules to pay attention to the following points:

(1) the behavior person has various criminal acts, can only be a crime, but not for. For example, selective charge common, drug crime, smuggling, manufacturing, trafficking and transporting drugs, crime, it is a crime, it is a crime, smuggling, manufacturing, trafficking and transporting drugs, crime. Four kinds of crime, this four kinds of crime if the behavioral person also has a variety of, say, people first drug smuggling, and trafficking in drugs, set several crimes? Can set the crime of smuggling drugs and drug trafficking, can the two crimes? Can't. What, only a crime is the crime of drug trafficking, smuggling, not punishment.

"Criminal law" Article 114, in violation of public security crime, [arson, solve water crime, the crime explosion, poisoning crime, endangering public safety crime of arson,] by water, explosive and poisonous, radioactive, infectious disease pathogens or other substances or other dangerous means to endanger public security, not yet causing serious consequences, more than three years to ten years in prison.

This is in a clause, legal behaviors are exactly the same, if multiple crimes, should be combined punishment for several crimes, and not as a crime.

(2) select the charges are selective, this selectivity may be a behavioral choice, object selection, may also be the choice of behavior subject. A crime, should be how to choose, and that is what kind of behavior, violation of which object, what is the behavior main body, in order to determine the reflected in the charges, not reflected in the charges.

In violation of public security crime of illegally manufacturing, trading, [, transportation, mailing, storage of firearms, ammunition, explosives sin], this behavior includes five behaviors, three kinds of object, the three object decomposition combined charge more, any behavior, what kind of object, can be reflected in the charges, if no, can not be reflected in the charges.

4 crime problem, this is a complicated theory problem. In determining the crime number, to grasp several standard.

In determining the crime, a crime or several crimes, in determining the crime number, to prevent duplication of assessment, not a behavior for two crimes. For now the robbery, involves the death cases, some suspicion of intentional homicide, and then robbed of property, it can be established the crime of intentional homicide and robbery? Can't. Why? If its intentional homicide and robbery, this is an intentional murder violence, both as a murder to evaluation, and evaluation as the violence of robbery crime, this is the repeated evaluation, so the court explained, in order to plunder property of intentional injury, intentional homicide, can constitute the crime of robbery, if the cause of death, according to the robbery causing death to sentencing, so robbery's erfolgsqualifizierte Delikte, not punishment, if after the robbery, in order to kill, to revenge and kill the wounded, to criminate separately, the combined punishment for several crimes. There was no repeat evaluation problem

But in preventing repeated evaluation, pay attention to evaluation, multiple activities, must the number of crimes, to do evaluation must be fully, the combined punishment for several crimes.

In the definition of crime number, attention must be paid to the specific special provisions, some provisions are special provisions, these special provisions, there is some theoretical rules in addition.

For example, the crime of insurance fraud, five acts of crime of insurance fraud in the last two, one is property insurance, a life insurance, property insurance if intentionally causing the loss of property insurance fraud, such as fire means, this kind of behavior, not only violated the arson is also against the crime of insurance fraud deliberately causing the death of the insured; insurance fraud, its behavior is breaking the crime of insurance fraud is also against the intentional homicide crime of intentional injury. The criminal law, should be combined punishment for several crimes. Similar to the special provisions of criminal law, at most, have special provisions need to pay more attention to the.

These special provisions is also reflected in the trafficking of women and children among the crime of trafficking, rape of women and children, which is regarded as the crime of abducting and trafficking in women and children aggravating circumstances for conviction and sentencing, without punishment.

This is a special provisions on the crime number, these special provisions may sometimes be determined by judicial interpretation.

This is the problems that should be noted in the specific provisions for the students to think.

The next part of each chapter.

Sub divided into ten chapters, the specific provisions of criminal law in 1979, is divided into eight chapters, the 1997 criminal law made some adjustments to the specific system, the adjustment of an increase of new chapters, a new type of crime, "the crime of endangering the interests of national defense" this is new, no past criminal law, second is put into a a single past criminal law "the military crime of breach of duty" the contents of the regulations to the criminal law, criminal law alone has a chapter called military crime of breach of duty, we referred to as the military crimes.

And to some of the charges of criminal law inherent in the original, re arrangement and combination, one is the crime of corruption and bribery this chapter, now formed a new chapter. The past corruption crime stipulated in the embezzlement by past, bribery provisions in the crime of malfeasance, corruption, bribery, now the two kinds of crimes in one chapter, the formation of the crime of bribery and corruption. Another is the criminal law crime of obstruction of marriage and family into the violation of civil rights, democratic rights of crime, not as an independent chapter. After these modifications, the formation of the present criminal law the ten chapter.

First chapterThe crime of endangering national security

This kind of crime is relatively rare in judicial practice. Not common multiple of crime.

The crime of endangering national security from the 1979 Criminal law crime of counter revolutionary changes to. Focus of charges of crimes of endangering national security is a crime of espionage, second steal, draw, buying, illegally providing state secrets, intelligence crime. The main special crime is a crime.

The second chapterThe crime of endangering public safety

The crime of endangering public safety, the specific charges many, mainly about the traffic accident crime, this is the most common multiple crimes, especially in recent years, the crime of endangering public safety, traffic accident crime case is particularly much, some special types of traffic accident cases caused strong repercussions in society.

One, the crime of causing traffic casualties

According to the "criminal law" provisions of Article 133, traffic accident crime is the violation of the traffic regulations, so the occurrence of major accidents, causing serious injury, death or causes heavy losses of public or private property act.

Traffic accident crime in criminal case judicial interpretations have two important interpretation, one is the 1987 "the Supreme People's Court on Several Issues concerning the specific application of law in the trial of criminal cases of traffic accident explanation >. Another is the "interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of criminal cases of traffic accident" (November 10, 2000), the two judicial interpretations of time of different names for the same.

The judicial interpretation of the judicial interpretation in 1987 2000 is modified. That is to say, the 1987 judicial interpretation corresponding failure, now about traffic accident crime, "criminal law" itself outside in addition to the provisions of Article 133, the judicial interpretation of the most important 2000,

(a) constitutive elements of crime of causing traffic casualties

1 subject

The subject of the crime of traffic accident crime is general subject. The non identity, rather than a special subject.

The crime of traffic accident, who reached the age of criminal responsibility of natural person, may constitute the crime.

Motor vehicles are the subject of the crime of traffic accident is the most common type, but is not limited to it, the traffic accident crime subject others there are several types of:

Non motor vehicle driver can not constitute the crime of traffic accident, non motor vehicles constitute the crime of traffic accident without any legal obstacles, but the premise must be in the management of public transportation within the scope, in violation of the traffic management method, which caused serious consequences. If it has not reached the conviction conditions, should be given administrative punishment by the public security organ, the traffic control department. Convicted of the crime of traffic accident and a consequence of requirements.

Pedestrians can constitute the crime of traffic accident? In the traffic accident crime, pedestrians are often victims, will not become the subject of crime of causing traffic casualties, but also can not deny that in some cases of causing traffic casualties, because of serious illegal pedestrian, causing casualties consequences, and can also constitute the crime of traffic accident.

Passengers can not form? In the transportation process, passenger transportation, illegal behavior and causing serious consequences, will also constitute the crime of causing traffic casualties, but the passenger traffic accident behavior is extremely rare.

The judicial interpretation of the Supreme People's Court on 2000, in the judicial interpretation expressly: in charge of personnel, units of motor vehicles or motor vehicles of all Contractor instigate, or force others to drive significant traffic regulations, with the interpretation of the provisions of article second circumstances, with traffic accident crime.

2 object

Specifically, is the safety of public transportation.

Supplement: elements of a crime

In general, we should focus on criminal theory part, as the basis of specific needs, in the crime theory is a constitutive elements of crime, the four elements of a crime, the object element can not as a focus, but the subject of crime, objective aspect of crime, crime subjective aspects of these three elements to master.

The subject of crime is the subject of crime is a natural person, the two condition is reached, the age of criminal responsibility, ability has the criminal responsibility, and the subject of unit crime, the subject of unit crime, has the characteristic of crime, subject of crime in the criminal law now except natural person and unit.

Objective elements of key problem is not as, behavior can be expressed as positive as behavior, can also be expressed as negative and not as, not as a crime, should have what conditions, this is the objective requirement is need to be emphasized.

As for the provisions in the objective elements of some other elements mainly depends on the specific provisions of criminal law, causation is complex, so the question of causality, the students to grasp the main some causal relation judgment of some of the basic rules.

Subjective aspects pay attention to the classification and distinction too negligence.

The subjective aspect, crime must be a criminal negligence.

Deliberately divided into two kinds, direct intent, indirect intention; negligence can be divided into two kinds, negligence by mistake and overconfident negligence. In these distinctions, the focus should pay attention to the distinction between intentional and overconfident negligence, negligence and negligence difference brings accident. This is the element of constitution of crime.

The incomplete crime patterns: preparation for crime, criminal attempt and discontinuation. In preparation for a crime, criminal attempt and discontinuation of how to define? According to the provisions of the criminal law itself and the criminal law theory, this part of the content, should be good at grasping the.

The common crime: This is a content key is a common classification of criminals and criminal responsibility.

Theory of crime problem of another content is the crime number. This part of the contents of strong theory. Don't go, master some basic rules of simple. This part is the key content. If there is no part of the contents of this foundation, the criminal law study is very difficult, also is not good to grasp.

In general the penalty theory part, belong to the memory of things, easy to grasp the general introduction, in part, is mainly the principle of legality, the spatial effect, effect of time, this is also the provisions and laws, but also easy to grasp.

The specific contents of the following.

The 3 objective

Has the following elements:

(1) must have the behavior of breaching the traffic regulations;

(2) to cause serious consequences, which refers to cause casualties, injuries, death, or causing major property losses.

(3) there must be a causal relationship between the consequences of violation and accident. In the case of traffic accident, paying particular attention to the problem.

4 subjective aspects

Traffic accident crime is intentional crime and negligent crime? Traffic accident crime should be a negligent crime, criminal law defines the too negligence refers to the act of the harm results mentality, rather than on the behavior of its own state of mind. The traffic accident behavior, including drunk driving harm result is what attitude? The traffic accident is negligence, crime results are not intentional; but the violation behavior itself, in a traffic accident case, often is the deliberate violation.

(two) two aggravating circumstances that

The 1979 Criminal Law and criminal law in 1997 compared with 1979, the criminal law more light, the 1997 criminal law relatively more severe, the strict performance in the two aggravating circumstances.

Now the average traffic accident, less than three years, the maximum sentence of three years, but with a heavier punishment, escape or serious circumstances are more than three years, seven years of age; escaping death, for more than seven years in prison, seven to fifteen years.

The two aggravating circumstances that have two:

(1) the traffic accident escape

(2) the death caused by escaping

Escape after traffic accident refers to the behavior of people in traffic accidents, in order to avoid the punishment of the escape behavior.

Of course, escape is to the act of the crime of causing traffic casualties as the premise.

The death caused by escape plot, the minimum sentence is seven years, the maximum penalty of fifteen years.

Death caused by escape, according to the judicial interpretation of the provisions, refer to and escape behavior in order to avoid legal action after the traffic accident, the victim died because they were unable to rescue. It especially emphasizes "the causal relationship between escape" and "death" results. Death results, it is because of the lack of assistance to escape.

That the plot should pay attention to the following points:

First of all, there must be the escape behavior, and escape is to escape legal liability;

Secondly, the perpetrators escape when the victim was injured but not dead;

Again, the death of the victim's death was due to escape without assistance.

(three): special provisions on judicial interpretation of transforming crime

Behavior in order to avoid legal action after the traffic accident, the victim will be away from the scene of the accident after the hidden or abandoned, the victim can not be salvage death or severe disability, shall be respectively in accordance with the article 232nd of the criminal law, article 234Th paragraph second of regulation, in order to murder or intentional injury crime.

The transformation violates the special provisions and the death caused by escaping to distinguish between, the key plot is to take the victim from the scene of the accident, hidden abandoned behavior. Cause the victim is unable to obtain the relief and death.

(four) the judicial interpretation: special provisions of the accomplice of traffic accident crime

After the traffic accident, person in charge, the motor vehicle owner, contractor or passengers who ordered the perpetrators escape, causing the victims died because they were unable to rescue, shall be punished as an accomplice to the crime of causing traffic casualties.

The judicial interpretation to solve a problem of judicial practice, this did not explain, is not found on this refers to the angel. On the other hand, a great theory caused controversy, this interpretation is not ultra vires, there is no similar explanation too. Criminal negligence can have an accomplice, the provisions in the general principles of criminal law, a joint crime is an intentional crime committed by two or more persons jointly, more than two joint negligence crime, not punished as an accomplice. A negligent crime is not a crime, even if there are joint crimes, nor as accomplice. This is the general provisions of the criminal code expressly. Traffic accident crime according to the criminal law itself, concluded that the crime of traffic accident is a negligent crime, also has an accomplice, this with the provisions of the criminal law provisions contradictory, there exists a problem. So some people regard the accomplice is interpreted as exceptions of common crime.

(five) the traffic accident crime and non crime boundary

The traffic accident has one of the following cases, with traffic accident crime:

1 dead more than one or three wounded, negative or the primary responsibility for all accidents;

2 killed more than three people, the same negative accident responsibility;

3 traffic accident injuries to more than one person, negative accident or the primary responsibility;

4 caused a direct loss to the public property or the property of others, negative accident or the primary responsibility, no compensation in the amount of three hundred thousand yuan.

If the violation does not reach the front of the four kinds of the standard of conviction, can only be given administrative punishment by the public security organ, the traffic control department in accordance with "Regulations" road traffic management, does not constitute the crime of traffic accident.

(six) and the difference of other related crimes

1. boundaries the traffic accident crime and the crime of intentional homicide

The crime of intentional homicide is intentional, the crime of causing traffic casualties not intentional, although deaths result, deliberately did not kill, is a fault. This is mainly from the subjective evaluation; but in the judicial practice, several special cases:

(1) some people driving purposely people, this kind of behavior is intentional homicide, the occurrence of such cases in practice, some people murder for hire.

(2) some people in order to avoid accident damage compensation liability, intentionally crash victims, crushed again.

Casualties compensation to the high number of traffic accident crime, generally resulting in death compensation rarely; traffic accident resulting in death compensation, how compensation? In "road traffic safety law" before the promulgation of compensation method is: according to the local average living standard compensation for ten years, is death compensation. At that time, the local people living level is very low, only a few hundred dollars, ten years is hundreds of thousands of dollars, a traffic accident crime can be resolved. After the introduction of "road traffic safety law", a new compensation method, the death compensation point base increases, in accordance with the new standards, death compensation is based on the local per capita disposable income for 20 years.

After the traffic accident, the collective compensation for the victim's loss, sentencing must consider. Road traffic accident compensation is the highest about 400000 (developed city).

Will people into the disabled, such compensation is a bottomless pit, the first treatment cost is very expensive, and then continue the treatment fee, beauty fee, disability benefits and so on, the cost is very high, these people know, once lost, life can not afford to pay, so they do not have two, the victim has been severely disabled, accident to impact. This case is very bad, once again pressing human behavior is intentional homicide.

(3) the judicial interpretation to determine: escape after the incident, the victim's transfer site, be hidden sites causing the death of the victims, according to intentional homicide crime.

(4) after the accident victim pulled to cause death, which constitute the crime of homicide cases. This is not in accordance with the traffic accident crime, but according to the crime of intentional homicide crime.

The 1997 criminal law the crime of intentional injury has a regulation: by especially cruel means cause severe disability or injury death, is more than 10 years, life imprisonment or death.

The evaluation of "cruel" standard is not, this depends on the discretion.

"Handicap" Is it right? A subjective judgement, not an objective standard of results? We can't understand.

"Handicap" criminal law and judicial interpretation have not stipulated, in the absence of the provisions of the circumstances, "handicap" at least should refer to the provisions of "industrial accident compensation", the definition of disability grade level, according to this definition, the disabled is divided into 10 levels, the most important is the level of disability, the light is 10, in accordance with the provisions of the compensation measures "handicap" refers to the 1 -- 6.

2 the difference between this crime and the crime of endangering public safety

What has happened in recent years of drunken driving cases how to determine, there is a belief that, as long as it is drunk driving killed many people, Is it right? Is the crime of endangering public security, but finally identified as the crime of endangering public safety crime punished, not because he is drunk driving, mainly because of drunk driving, hit, run process, once again hit. And the concurrent punishment for several crimes which, if the front of drunk driving killed people, followed by continuous butt, then there are two charges, respectively is the crime of causing traffic casualties and back to the crime of endangering public safety, the combined punishment for several crimes.

The difference between people death crime, crime of negligently causing serious accident caused 3 crime and negligence

The difference lies in causes the death of motor vehicle behavior occurred in the "public traffic management".

The traffic accident crime and put forward some suggestions for the problems in legislation.

Public security and other types of crime, the key problems harm.

Two, in a dangerous means to endanger public security crime

Including arson, crime, the crime explosion by water, crime of throwing dangerous substance, as well as the crime of endangering public safety.

At the same time, there are five corresponding negligence crime, crime of negligence crime like fire, explosion, negligence crime of throwing dangerous substance. This kind of crime can be called to dangerous means to endanger public security crime.

Must pay attention to the distinction between this crime and dangerous public security crime, difference between intentional destruction of property. They set fire to it, some people set fire to, want someone killed by fire method. Was arson or intentional homicide? The key difference could endanger not endanger public safety. If the endanger public safety was arson, not endanger public safety, crime is intentional homicide, explosion, poisoning crime is the same, the poison in personal references drinks, is a murderer, poison may refer to drink, food, will endanger the lives of the majority of health, is the crime of throwing dangerous substance.

If the poison is harmful to human health, will constitute a crime, is the production and sale of poisonous and harmful food crimes, and the crime is the criminal law, there is one felony punishment.

Another type of crime is a crime to disrupt specific public facilities so as to endanger public safety. A crime of destruction of means of transport, crime of sabotaging transportation facilities, crime of combustible or explosive equipment, the crime of sabotaging power equipment failure, communication facilities crime, this crime and several corresponding criminal negligence. This is damages specific utilities, endanger public security crime.

This kind of crime with the crime of endangering the public the main difference, the first is the difference between the crime of theft, the difference between the second and the intentional destruction of property.

Three, the implementation of terrorism crime

Including the organization, leadership to participate in terrorist organizations crime, this crime is relatively small, the financing of terrorist activity crime, crime of skyjacking, hijacking ships, automobiles crime.

Organization, leaders of terrorist organizations crime, if there are other crimes, should be combined punishment for several crimes.

Our country criminal law has a very important feature, the organization itself is a crime. The most typical is the terrorist organization, the second is the black social organization.

Four, violation of guns, ammunition, explosives, hazardous substances management provisions of crime of endangering public safety

On 1997 for social control, on the violation of guns, ammunition, explosives, hazardous substances management provisions added many charges, like illegal manufacturing, sale of guns, illegal possession of firearms, illegal lending lost guns, guns without reporting and so on, all belong to the additional charge, have no.

We state of firearms management is very strict, this aspect of the crime now provides 9, but many crime belongs to the crime, break apart, including many crimes.

Illegally manufacturing, selling 1, transport, storage, post guns, ammunition, explosives offences

Part of this crime should pay attention to define some concepts, the difference between the common crime, the subject of the crime with special provisions to know something.

Illegally manufacturing, selling 2, transport, storage of dangerous substance

3 illegal manufacturing, sale of firearms

4 steals, seizes guns, ammunition, explosives, hazardous substance

The 5 robbery guns, ammunition, explosives, dangerous substance

6 illegal possession, possession of firearms, ammunition

7, the crime of illegal rental gun

8 crime of losing firearms without report

9 illegal firearms, ammunition, knives, dangerous goods that endanger public security crime

Scholars think, holding type crime is a kind of action, which is the popular viewpoint, is not the possession and holding act.

Second aspects of the crime of possession, all of the possession crime, the object was contraband contraband, state control, often and other serious crimes related to. The potential social harmfulness. It is the crime of possession is a contraband object based on special, and he serious crime linked, so in the conviction should pay attention to, if there are other serious crimes, finally holding behavior, priority should be given to the other crimes, but not the possession crime.

The specific type of crime third features are identified as a type of crime is often the final choice, is also the other crime cannot decide, finally considering holding.

This is the crime of holding several big characteristics.

"Hold" with the "possession" how to distinguish between, what is the "hold", what is "possession".

Second, "hold" "possession" and the "storage" guns have what distinction, illegal storage is a felony, the two how to define.

The problems in the judicial interpretation, a clear explanation, "possession", refers to with guns, ammunition, configuration of personnel, in the elimination of equipment, guns, ammunition allocation conditions, provisions in violation of laws and regulations, gun control, secretly hiding equipped with guns, ammunition, configuration and refused to surrender. Behavior.

"Illegal possession", is not equipped with guns, ammunition, configuration conditions of the staff regulations, in violation of laws and regulations, the control of guns, guns, ammunition or behavior.

The distinction between the two is not the behavior, and that behavior subject.

Also in the judicial interpretation in the "possession" is defined as a kind of omission, emphasizing refused to surrender.

"Storage" means knowingly illegally manufacturing, trading, transportation of firearms and ammunition, dangerous substances and its storage behavior. Storage is another serious criminal acts of service, is the illegal manufacturing, sale, transport of guns and ammunition service.

Five, theft, snatch firearms, ammunition, explosives, hazardous substances and robbery crime guns, ammunition, explosives, hazardous substance

L. the two kinds of crime object exactly the same, the difference is the objective behavior.

The source and state 2 four kinds of crime object, does not affect the establishment of crime.

3 an actor must have a specific purpose, knowing that these 4 kinds of objects.

4 error, error to steal guns, ammunition behavior nature:

If an actor is to theft, robbery or theft, looting, but the back is the guns and ammunition, this is wrong to steal, rob case error, which belongs to the crime of theft.

If the behavior of the guns and ammunition without throwing away, still holding or hiding, shall be unlawful possession of firearms, ammunition, this kind of behavior as the previous behavior does not belong to the same crime purpose, should not belong to implicated offense.

5 for the implementation of other crimes and theft, snatch firearms, ammunition, explosives, problems of crime number.

Six, illegal rental, a gun a crime and crime of losing firearms without report

Illegal rental, out of the main gun crime is a special, is a special subject, the subject includes not only natural person special subject, also includes the unit subject.

The objective elements and two kinds of special subject of crime is different:

1 for lawfully equipped with guns for the discharge of official duties of personnel, as long as the illegal lease, lend the acts constitute a crime (crime).

2 for personnel and units to use guns, in the illegal lease, behavior must be serious consequences that constitute the crime (committed).

The Supreme People's Procuratorate "about the reply with a gun as a pledge of public debt issues of law application to conduct"

Lawfully equipped with guns for the discharge of official duties of personnel, in violation of the law, the official use guns used for borrowing the pledge, the guns in the control, non legally the gunman's use, seriously endangering public security, which is provided for in the second paragraph 128th of the illegal criminal law a form of branch for the gun, the gun should be illegal. Shall be investigated for criminal responsibility;

To accept members pledge guns, which constitutes a crime, according to the provisions of the first paragraph of article 128th of the criminal law, should be based on the illegal possession of firearms crimes shall be prosecuted for criminal responsibility.

Crime of losing firearms without report is a new accusation, the crime only equipped with guns for the discharge of official duties according to law, personnel, losing firearms without timely report, causing serious consequences.

There is a necessary condition of conviction objectively, is a gun missing, this is the premise, including narrow lost missing, including being stolen or robbed; two is not timely report; three serious consequences. The three objective elements, must also have to make.

Seven, harm public security crime of major liability accident

This includes the crime of traffic accident, serious liability accident crime, and criminal major accident often happens in reality, great harm.

The third chapterDestroy the order of socialist market economy

This chapter includes 8 kinds of crime

A, production and sales of fake and shoddy goods crime

This section includes nine kinds of crime:

1 production, selling fake or substandard products

From now on the situation, the provisions of the criminal law standard, conviction and very low starting point, from the criminal law point of view, great intensity, but in fact in the judicial practice, disaster caused by flooding water crime of producing and selling shoddy products. This is not a legal problem of provisions, is the law enforcement and judicial problems, for counterfeiting, fraud, selling fake behavior altogether in many areas. In some areas, in order to develop through local, secretly protection. This is a big problem. But shoddy products of our country also to foreign. Image on the impact of country is very large. Chinese goods has become synonymous with a fake and shoddy products, which in some sense to us is a shame.

Fake and shoddy products and great harm to the society, if the food is fake and shoddy products, will cause serious harm to people's health.

The standard of conviction is the sales in the amount of fifty thousand yuan of above constitute a crime, just look at the sales amount.

Fake and inferior products did not sell, value reached the sales amount of article 140th of the criminal law is more than three times, in the production, selling fake or substandard products (attempted) convicted and punished.

2 production and sales of counterfeit drugs crime;

3 production, sales of medicines of inferior quality;

4 production, sales do not meet hygiene standards of food crime;

5 production, selling poisonous, harmful food sin;

6 production, sales do not meet the standard of the crime of medical equipment;

7 production, sales do not meet safety standards product crime;

8 production, sale of fake or substandard pesticides, veterinary drugs, fertilizers, seeds of sin;

Sin cosmetics 9 production, sales do not meet the health standards.

The amount of sales in fifty thousand yuan of above, must constitute the producing and selling fake or substandard products.

Common crime:

Knows or ought to know the others to implement the production, sales and shoddy goods crime, and provide loans, funds, accounts, invoices, certificates, licenses for the production, management, or places or transportation, storage, postal conveniences, or provide false production technology, production, sales and shoddy goods crime. Be punished.

The number of crimes:

(1) the implementation of the production, sales and shoddy goods crime, and constitute the infringement of intellectual property rights, illegal business and other crime, in accordance with the provisions of punishment heavier punishment;

(2) and by violence, threats to resist the investigation, constitutes another crime, shall be punished in accordance with the provisions of graft.

Two, the crime of smuggling ordinary goods, goods

The following smuggling charges:

1 the smuggling of weapons, ammunition;

The crime of smuggling of nuclear materials 2;

3 the smuggling of counterfeit currency crimes;

4 crime of smuggling cultural relics;

5 the crime of smuggling precious metals;

6 animal smuggling precious, precious animal products of sin.

Drug smuggling is put in the hindrance social management order crime, not on the crimes of smuggling.

The essence of smuggling is run under the supervision of the customs.

The most common is the crime of smuggling common goods, the crime of smuggling common goods conviction standard is: dutiable tax evasion should be in 5 more than fifty thousand yuan.

The understanding of special crime of smuggling:

Directly from the smuggling bought smuggled goods, such behavior as the crime of smuggling.

Accomplice:

The criminal law 156th stipulation: "with the smugglers conspiracy, with loans, funds, accounts, invoices, proof for it, or to provide transportation, storage, post or other convenient, shall be punished as an accomplice in the crime of smuggling."

Three, owed to the company, enterprise management order crime

The more common on charges of bribery of non national staff and the non national staff bribery crime.

Four, the performance of the contract signed, the crime of dereliction and being deceived

Article 167th: the directly responsible personnel in charge of State-Owned Company, enterprises, and institutions.

In the grasp of this crime, must and several other related crimes discussed together, one is in the crime of malfeasance, state law, signed the contract duty being independent conviction, in an independent crime. But behave exactly the same. Another is the opposite, the other party to a contract fraud, so the crime of contract fraud and the crime together grasp.

Five, the destruction of financial management order crime

Key to counterfeit currency, sale, purchase, transport of counterfeit money, but also pay attention to the crime of money laundering.

1 evasion crime

This is a new crime.

2, the crime of money laundering

The illegal income into the legitimate income through various means, do not see the illegal sources and its properties. The source and nature of laundering money is to conceal, conceal their illegal income generated profits, which is money laundering.

Money laundering behavior, means, methods, the criminal law of five species, four kinds of concrete, the latter is other ways to cover up, conceal the proceeds of crime and the source and nature of the proceeds is money laundering.

Money laundering crime, booty crime and criminal law sixth chapter of obstructing the administration of public order crime of distinction, conceal, conceal the proceeds of crime offences, the crime of money laundering and conceal, conceal the proceeds of crime crime how to distinguish? The major difference is the upstream crimes are different, means can be exactly the same.

Six, the crime of financial fraud

This accusation is not much, but are more common. Fraudulent Crime in 90 years before and not take it as an independent crime to enumerate, are directly recognized as a crime against property.

More common is the loan fraud, insurance fraud, fraud.

1 the crime of loan fraud

The provisions of the criminal law: for the purpose of illegal possession, defraud the bank or other financial institution loans, large amount of behavior.

The first is the crime of fraud, the most difficult to identify that other illegal fund-raising behavior does not constitute fraud crime to distinguish.

Loan fraud ever in the legislative problems, no unit loan fraud.

2 the bills defraud crime, crime of financial certificate fraud, crime of fraud on letter of credit

Instrument refers to drafts, promissory notes, cheques.

Financial fraud is the use of forged, altered certificate, remittance documents, certificates of deposit, and other bank settlement vouchers, shall be punished in accordance with the provisions of the preceding paragraph.

Credit card fraud occurred in these years more, including four cases:

1 the use of counterfeit credit card, or using false identity cheat brought credit card;

2 the use of invalid credit card;

3 other people's credit card;

4 malicious overdraft. Refers to the cardholder for the purpose of illegal possession, more than the prescribed time limit or overdraft limit, and after collection by the issuing bank not to return behavior.

3 the crime of insurance fraud

Five types of fraud, criminal law has a clear list.

(1) the insurant deliberately fictional insurance object, defrauds insurance money;

(2) the insurant, the insured or the or the beneficiary intentionally causes losses to the occurrence of an insured accident degree, defrauds insurance money;

(3) the insurant, the insured or the beneficiary fabricate non insurance accident, defrauds insurance money;

(4) the insured, the insured intentionally causing the loss of property insurance accident, defrauds insurance money;

(5) the insured, the beneficiary intentionally causes the death of the insured, disability or illness, defrauds insurance money.

With the fourth, fifth of the act, which also constitutes another crime, shall be punished in accordance with the provisions of graft.

The crime of insurance fraud is a special case, is the insurance company personnel, deliberately not accident, engage in false claims, the insurance all to himself, this is actually by taking advantage of an act of embezzlement. Behavior subject if the working personnel of the state, decide the crime of corruption. Does not belong to the national staff, such as non State-Owned Company personnel, would constitute embezzlement.

Second, pay attention to the problem of crime number.

Seven, the harm tax revenue collection crime

This accusation was revised, the crime of evading taxes to tax evasion, in this kind of crime is a common crime, the crime of tax evasion is common, another is the refusal to pay taxes.

Avoidance of pursuing tax arrears crime past large appeared now relatively less.

The crime of falsely making out special invoices for value-added tax more.

The crime of evading taxes 201 (Amendment seven):

"Taxpayers to take deception, hide 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, constitute the crime of tax evasion.

"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."

Tax revolt crime is not a crime, only a natural person.

Eight, the crime of infringing upon intellectual property

The protection of intellectual property rights, in the long run, will become increasingly strengthened, which is not only America pressure, pressure from the European Union, including our own. Intellectual property rights are very important to the development of our country in the future, so more attention should be paid to the protection of intellectual property rights. This is the development direction of a kind of ideal in the future.

Nine, crimes of disrupting market order

Here are two common crime, a crime of contract fraud, is a crime of illegal business operation.

1 the contract fraud crime

The crime of contract fraud is in the process of signing and fulfilling the contract, for the other party property, large amount of behavior, this behavior in the past to direct determination of fraud. The 1997 criminal law, make it a separate list, into the crimes of disrupting market order, the legislation in my opinion is superfluous, the confirmation of fraud is the best, not alone with a crime.

The subject of the crime: the general subject; natural persons and units may constitute the crime.

The objective elements of the crime of contract fraud, criminal law expressly provides for five types of behavior:

(1) the fake contract subject to contract: fictional units or infringe upon the name of the signing of the contract;

(2) the false contract guarantees: guarantee with forged, altered, or invalid negotiable instruments or other false certificates of property rights as;

(3) no actual ability to perform, to fulfill the contract or small part to perform the contract, the other party into continuing to sign and fulfill the contract, which is commonly known as "fishing", and it is the most deceptive contract fraud.

(4) money abscond: Taking the opposite party goods, payment, advance payment guarantee property or go into hiding after;

(5) other methods: with other methods for the other party property.

The crime of contract fraud in judicial interpretation for the standard is 5000 -- 20000 yuan.

The crime of contract fraud and fraud how to distinguish? The key to see if they occur in the sign, the performance of the contract process.

2 illegal business crime

This kind of crime is the crime of play the market in the past. After the modification, the formation of a new accusation.

The crime of illegal business operation has four kinds of behavior:

(1) without permission management laws, administrative regulations of the monopoly, monopoly goods or other restrictions on the sale of the goods;

(2) the provisions approved sale of import and export licenses, import and export certificates of origin and other laws, administrative rules and regulations of the business license or document;

(3) unless approved by the competent departments of the state illegal operation of securities, futures, insurance, or illegally engaging in fund payment and settlement business;

(4) other serious illegal acts disrupting the market order.

Characteristics of other serious illegal acts disrupting the market order: to disturb the market order; if the circumstances are serious illegal behavior.

Interpretation of criminal law and judicial situation:

Decision regarding the punishment of the NPC Standing Committee in December 29, 1998, purchase foreign exchange evasion and illegal trading in foreign exchange: the crime of illegal trading of foreign exchange outside of the state designated trading venues, disturb the market order, the circumstances are serious, in accordance with the provisions of article 225th of the criminal law of conviction and punishment.

In 1998 December 23 explanation of Supreme People's Court on several issues of specific application of law in the trial of criminal cases of illegal publications: in violation of state regulations, publishing, printing, copying, released outside of Article 1 of this interpretation to the provisions of article tenth of other serious harm to social order and disrupting the market order of the illegal publications, if the circumstances are serious, in accordance with the provisions of article 225th of the criminal law article (three) the provisions of item, to be convicted for illegal punishment.

Of course, some are not necessarily to the illegal business crime, there are specific content, constitutes another crime, let the other to deal with crime, for example, some publications are anti-government, inciting subversion of state power, is the crime of endangering national security.

Another publication is obscene goods, form production, trafficking, the crime of spreading obscene objects, making, selling, the crime of spreading obscene profit.

None of these things, but contrary to the laws and regulations and illegal publishing, printing, copying, distribution business activities, such as illegal business behavior to that, if the circumstances are serious, the crime of illegal business operations.

In April 28, 2000, the Supreme People's court "interpretation" on the trial of several issues concerning the specific application of the law to disrupt telecommunications market management order case: in violation of state regulations, to take international private line, switching equipment or other means, to engage in the business of international telecommunications services in Hong Kong and Macao or for-profit telecommunications business activities, disrupt telecommunications market order, if the circumstances are serious, in accordance with the article 225th of the criminal law article (four) the provisions of item, to be convicted for illegal punishment.

In April 18, 1998 the State Council "on the prohibition of pyramid selling the business activities of the notice" after the release, still engaged in pyramid selling or disguised pyramid selling activities, disrupted the market order, the circumstances are serious, shall be in accordance with the provisions of article 225th of the criminal law article (four) the provisions of item, to be convicted for illegal punishment.

In addition, in violation of the provisions of the national salt industry management, illegal production, transportation, sales of salt, disturb the market order, the circumstances are serious, shall be investigated for criminal responsibility in the crime of illegal business operation.

As to non iodized salt iodized salt or in industrial salt salt non salt as illegal, also constitute the crime of illegal business operation, production, selling fake or substandard products, production, sales do not meet hygiene standards of food crime, production, selling poisonous and harmful food, crime and other crime, criminal responsibility shall be investigated in accordance with the provisions of punishment is heavy.

Some people selling clenbuterol clenbuterol, manufacturing, sales of drugs, this behavior is illegal, if the circumstances are serious, the crime of illegal business operations.

The scientific name is called clenbuterol clenbuterol, if the use of such drugs, re sale, constitutes the production and sale of poisonous and harmful food crimes.

The SARS period in 2003, national prevention, control the outbreaks of infectious diseases during disasters, in violation of the provisions of the relevant market management, price management, drive up prices, profiteering, seriously disrupted the market order, the circumstances are serious, the crime of illegal business operations.

May 13, 2005 "the Supreme People's court, the Supreme People's Procuratorate on handling gambling criminal case concrete application law interpretation of several issues" sixth: without state approval, issuance of lottery sales, which constitutes a crime, according to criminal law article 225th (four) of the rules, to be convicted for illegal punishment.

The fourth chapterThe violation of civil rights, democratic rights of crime

Infringement of citizens' personal rights and the democratic rights of crime, from the type, a category is the infringement of citizens' health; another kind is the infringement of citizens' personal freedom, and infringement of citizens' democratic rights, infringement of personality honorary citizens against marriage, family and criminal violation of civil rights.

This chapter of the crime, the vast majority are common, multiple of crime.

One, the crime of intentional homicide

This is the crime most serious violations of civil rights.

(a) the constitutive elements of the crime of intentional homicide

The 1 object is another person's right to lifeOr the lives of others.

The 2 objective, performance for the illegal deprivation of life behavior.

The act of killing must have an illegal, crime of intentional homicide have some legitimate murder, for example the death penalty, there are justifiable defense led to the death of people to stop the violence, a serious crime, the illegal infringement of people killed, also do not bear criminal responsibility. This is justifiable defence to encourage legal acts, legal criminal law.

Behavior illegal deprivation of life:

The murderer is usually as a way, not as can be implemented? Certainly. But do not act to constitute a crime, an important prerequisite is to have as obligations.

The act of killing can take the indirect way, the people who did not know, as a tool to kill the victim.

The object of intentional homicide is the natural life, the victim's identity, age, gender, status does not affect the establishment of the crime of intentional homicide, but sometimes can be considered as the plot.

Human life begins at birth, and finally death.

As to what was the standard? What is the abortion is murder. Abortion in our country is not a crime, but in most countries, abortion is a kind of serious violations of human rights crimes, is not only a religious problem, not only to the abortion crime, abetting, helping to abortion, it is a crime. But our country engage in planning, encourage abortion.

If there is a life, that's murder. Distinguish between the two is the key to the beginning of life. But without a clearly defined the problem in law, in practice, the beginning of life the past standard is taken breathing independently, as long as the person is breathing independently, as the beginning of life. If there is no independent from the mother, will be breathing independently, the Is it right? There lives? In addition from the mother, must be out. But some people out of the independent parent, nor independent breathing. What with what standard, now we take more stringent, two standard to meet, from the parent to breathe, just as there is a life.

The concept of legal provisions not infanticide behavior, commonly known as the killing of newborn baby by various means of behavior, this is the crime of intentional homicide. In the judicial practice, considering the special situation, some infanticide behavior in the crime of omission to handle.

China family planning is a serious violation of human rights, not to the rights of the individual as the center. And we are the states have a home, they are home to a country.

Deaths in what is now standard, in the judicial practice, there are two, one is the second stop breathing, cardiac arrest.

Behavior if the mistake when the living body to kill, how to deal with this? This involves the object recognition errors and attempted crime.

Attempted crime can be divided into two types, attempted crime and attempted crime due to impossibility.

The 3 body is a natural person has reached the age of 14

Age the main crime of intentional homicide main responsibility of relative criminal responsibility, criminal law of the people is full already 14 years old people under the age of 16, to bear criminal responsibility for 8 kinds of crime, the first is the intentional homicide, the other is intentional injury, intentional injury causing serious injury, rape, robbery, drug trafficking, arson the explosion, the 8 kinds of crime of throwing dangerous substance.

4 subjective is direct intention and indirect intention, motive does not affect the establishment of this crime

Object recognition errors and failure can not be ruled out murder deliberately.

(two) conviction boundaries

The 1 murder the distinction between crime and related crimes of endangering public safety

Some acts of endangering public safety, also involves the intentional homicide problem. For example, fire, explosion, dissemination of hazardous substances or other dangerous method, how to convict the cases endangering public safety and killed the lives of others, the key is to distinguish the behavior whether public security crisis. If endanger most people's life, according to the crime of endangering public safety of conviction and punishment, according to what is, some people think that it should be in accordance with the imaginative joinder of selected heavy punishment the crime of endangering public safety, but also have different opinions. Another point of view, this is a concurrence of articles of law, the crime of endangering public safety is all the penalty, the crime of intentional homicide is part of the penalty, according to the special circumstances of legal concurrence, should be set for the crime of endangering public safety. Threats to public safety should be made public security related crimes, if not endanger public safety, only one or a few to endanger the life safety of people, just as the intentional homicide.

Crime and non crime boundary Dutch act in the 2 act

Dutch act itself is not a crime, but many countries with Dutch act related crime: Crime of instigation Dutch act, to help others Dutch act crime, agree (trust, commitment) murder, and provides with the ordinary homicide lighter punishment.

Abetting, deception, help is not the responsibility of the ability of people Dutch act, shall constitute the crime of intentional homicide. The entrust homicide shall constitute the crime of intentional homicide.

The Dutch act, forcing Dutch act, lured others to Dutch act and helping others Dutch act, to force, induce others Dutch act, usually should constitute the crime of homicide.

Meet the boundary line between crime and non crime Dutch act in the case, according to the above limits to grasp.

3 the issue of euthanasia

Euthanasia in our country also caused extensive discussion, a lot of people think, euthanasia should be legalized.

Euthanasia refers to those suffering from incurable disease, in order to relieve the pain before death, take no painful humanitarian way ahead of the end of its life behavior.

Euthanasia is divided into active euthanasia and passive euthanasia.

Active euthanasia is to adopt a positive way deprived of life.

Passive euthanasia is not, no relief, no treatment, abandoning treatment.

Death with dignity is actually passive euthanasia, death with dignity refers to can not cure patients, in order to avoid the meaningless treatment, ensure its decent, the dignity of death, and stop the medical rescue measures for the. Also known as a decent death and natural death.

Many countries of the passive euthanasia or death with dignity, positive attitude, not to deal with crime, although the law does not stipulate, justice is a laissez faire attitude in some sense.

The world's first in the legislation to legalize euthanasia is the state of Holland.

The world of the active euthanasia countries is only two.

We state the euthanasia is illegal in principle, is a murderer. In the judicial practice, cases of euthanasia have exonerated? There are together.

Euthanasia at the present stage, not legal, I agree with this view, mainly from two angles, the legalization of euthanasia legislation setting conditions, no matter how set up, will be blamed, especially in our country, our country has not really realize the development, a prerequisite for euthanasia, is suffering from incurable tendency of death. What is called an incurable disease? Different people may have different conclusions. If a hope that the patient dead people, there is a problem, the murder may have. From the standpoint of weighing the advantages and disadvantages, the legalization of euthanasia harm than benefit.

A country should advocate humanitarian and human nature, this to the people of this country's values to match. As should the death penalty abolished in our country, is a reason, depend on the public values. If you really want to legalize euthanasia, a very important premise is the general public are live and work in peace, only peace, to have a happy death, so euthanasia to Le Sheng based. But his student problem, in Chinese is far from being settled, the lack of the basis of euthanasia. In fact, in our country the priority is not euthanasia, but his student problem.

Judicial interpretation about the cult, the criminal law: organization, planning, incite, instigate, help the cult organization personnel Dutch act, self harm, in accordance with the provisions of article 232nd of the criminal law, article 234Th, in the murder, intentional injury crime.

The 4 one crime and several crimes

(1) evidence of violence, abuse, torture to extract confessions by regulators, affray, defiance and affray, illegal detention, the deliberate use of violent death, should decide the crime of intentional homicide.

(2) robbery, rape victim is dead, only robbery or rape a crime. But in rape, robbery and to prevent divulgence of one's secrets, anger revenge and will kill the victim, constituted the crime of intentional homicide, the combined punishment for several crimes.

(3) statutory one crime (quasi combined offense): after the kidnapping and killing the kidnapped person, in the crime of kidnapping conviction, sentenced to death; for the robbing and murder, robbery conviction according to, causing serious injury, death penalty.

(4) violent revolt, prejudice official intentionally causes the death of another, in accordance with the punishment principle of the imaginative joinder of offenses, set the crime of intentional homicide or intentional injury (to death).

(5) the smuggling, drug trafficking, organized people to secretly cross the national boundary (border) exit, violence to resist inspection, to cause death, constituted the crime of intentional homicide, the combined punishment for several crimes. The underworld property organization a terrorist organization, organization, a homicide, constituted the crime of intentional homicide, the combined punishment for several crimes.

Two, the crime of negligence causing death

The crime of negligence causing death and crime of intentional homicide difference lies in the subjective, one is intentionally, is a fault. This relates to the general question, rather than a specific problem, is how to distinguish between intentional and negligent problems, especially how to distinguish the overconfident negligence and indirect intention.

Changes of negligence crime death penalty, the type and the punishment principle of negligence crime, the crime of negligence causing death in 1979 Criminal Law, the maximum penalty of 15 years, now is the highest in 7 years. Greatly reduced, lower why? A negligent crime in theory, can be divided into two types, one is the business negligence, in business activities, not out of duty of care activities should do, the other is general negligence. From the punishment of speaking, business loss in general negligence.

Three, the crime of intentional injury

On the issue of the elements, has similar place some and crime of intentional homicide, the difference is one is the infringement of life, one is intentional and illegal behavior, damage the health of others.

According to the provisions of the criminal law, has over 14 years of age under 16 years old people, the intentional killing of causing serious injury, death, shall bear criminal responsibility.

If it is self mutilation, can not constitute a crime? In general, he hurt his behavior is not a crime, but there are specific, in the crimes of soldiers violating military duties, a wartime military self mutilation for sin, is the active servicemen, in order to avoid military service in wartime, self mutilation, such act constitutes a crime, in addition, self injury, the other is the self injurious behavior does not constitute a crime.

Limits of minor injuries and injuries:

Intentional injury causing minor injuries, serious injuries, especially cruel means to cause severe disability or death, are the three circumstances of sentencing of the crime of intentional injury, that does not affect the charges.

Identification of human injury, injured standards make judicial definition to confirmation by the judicial definition organs, injury includes three kinds of situations:

1 the limb disabled or destroyed people's appearance.

The 2 is the loss of auditory, visual or other organ damage and loss of function.

3 other great harm to human health.

Identification of human injury is mainly according to the damage situation, but also refer to the condition of the patients.

Intentional injury crime and the crime of intentional homicide (attempted) boundaries:

The same point: the objective has hurt the body, no death occurred in the.

Different points: intentional content. Intentional content determination basis.

The crime of intentional injury (to death) boundaries and the crime of negligence causing death:

The same point: the occurrence of objectively caused the death of death, subjective results of negligence.

Different points: the former actor has hurt the criminal intention and behavior, the latter does not have this kind of criminal intention and behavior.

The criminal responsibility of the crime of intentional injury:

Guilty of this crime, is less than 3 years imprisonment, criminal detention or control; causing serious injury, 3 years and 10 years in prison; causing death or by especially cruel means that lead to serious injuries resulting in severe disability, where more than 10 years, life imprisonment or the death penalty.

"By especially cruel means to people with severe disabilities" understanding:

"Work-related injuries and occupation disease disability degree standard" identification: general disability (10 - 7), severe disability (6 - 3), especially severe disability (2-1). Severe disability refers to 6 - level 1.

Four, the crime of rape

The local rape or obvious, but in the number, and no significant decrease.

(a) the constitutive elements of the crime of rape

1 object. Is freedom and precocious inviolability of women's sexual health.

2 subject. At the age of natural persons 14 years of age the general subject.

Some persons abetting, helping men raping others, shall be determined in accordance with the complicity of the crime of rape. But the principal or accessory according to the circumstances. Usually help behavior should be dealt with according to the accomplice instigation, but can be the principal can also be an accomplice.

3 intentionally, and is directly intentionally

The 4 Objective: violation of women's will, the use of violence, coercion or other means, and forced sexual intercourse or rape women under the age of fourteen young girls behavior.

The crime of rape three means: violence, coercion, other methods.

Violence is killed, wounded, tied up, beaten, illegal detention and arrest.

Coercion, including the threat of violence, including the spirit of Non Violence coercion.

Other means, mainly refers to the anesthetic means, including the use of women's self induced trance and took the opportunity to rape;

Use of superstition, under the guise of cure means;

The women suffering from serious illness can't resist means;

Counterfeiting is woman's husband or lover, so she took the "voluntary" sexual relations, etc..

The object of rape crime is women. One is women over the age of 14, there is a less than 14 year-old young girl. The two object conviction condition is different, different.

If there is a male rape cases and how to deal with? It can be divided into two kinds, one is aware that he is male and rape, which includes some women rape men, both at home and abroad occurred in this case. Another situation is mistaken the men when women to rape case, how to solve this situation, because the object error, rape did not succeed, but the crime of rape or. Belong to attempted crime of impossibility, which belongs to the impossibility of the impossibility of crime. Attempted crime may be given a lighter or mitigated punishment.

Rape is another situation, if the rape is a transsexual, transgender people should take if he degeneration after actual name to treat, if not later on degeneration, which constitute the crime of rape, if the women to become men, degeneration has been completed, it does not constitute the crime of rape. If the transformation is not yet complete, will constitute the crime of rape.

On the age of 14 young girls. On the means, no matter use what way, whether statutory agree or not, whether statutory parents agree, as long as the intention of carnal knowledge of a child and the implementation of the act, would constitute a crime.

According to the Supreme People's court in 2003 reply: actor is under the age of fourteen young girls and their sexual relationship, whether the young girl is voluntary, shall be in accordance with the provisions of the criminal law in the second paragraph 236th, in order to rape conviction and punishment; behavior person did not know each other is under the age of fourteen young girls, the sex was consensual, did not cause serious consequences, the circumstances are obviously minor, was not deemed a crime.

Another special object of the crime of rape is rape cases of psychotic women. If that is the mental patient to rape, rape crime. But if you do not know each other is the spirit of women, because some of the mental patient is to look not to come out, without the use of violence, coercion, consensual sex occurs, should not be regarded as crime. So this is the key to whether knowingly, whether psychiatric women have knowingly subjectively.

(two) some problems that should be paid attention to the crime of rape

In the mid eighty's, the Supreme Court judicial interpretation, interpretation of the content related to rape and adultery conversion, the provisions of the criminal law the crime of rape, and not the adultery crime case, adultery process, may also occur in some cases of rape and rape behavior, how about this, the Supreme Court had in the judicial interpretation on two categories make a clear definition.

1 after the first rape case. First adultery after rape refers to both sides to adultery, and later as a result of the woman has been change, in a break with the adultery case, the violence, this kind of means to force the stress behavior of women to seduce, in this case, the Supreme Court in the judicial interpretation, rape on the back, should be based on the crime of rape conviction and punishment, according to the rape crime. This kind of case in the judicial practice, actually happened in.

2 after rape case. The man and woman first sexual relationship, the violence coercion or other means, forcible rape, often this possibility is that women are not reported, final both sides further development.

Some of the problems of crime number 1 rape

(1) a crime

Rape of causing serious injury or death;

The criminal law: trafficking in women, children, and rape (including rape) abducted women and children; rape forced prostitution, belong to trafficking in women and children, forced prostitution crime punishment aggravation, the other was not rape, not punishment.

(2) the number of crimes

After accomplished or attempted rape, revenge or to kill and injure or kill the victim, it should be combined punishment.

Those buying abducted women and forced sexual relations; organization or delivery people to secretly cross the national boundary (border) exit and raped by organizations or delivery women.

Criminal responsibility 2 rape

236th by violence, coercion or other means to rape women, three to ten years in prison.

Rape young girls under the age of fourteen, to rape, he shall be given a heavier punishment.

The rape of women, carnal knowledge of a child, one of the following circumstances, place above ten years imprisonment, life imprisonment or death:

(1) the rape of women, having sexual intercourse with a minor plot bad;

(2) the rape of women, having sexual intercourse with a minor people;

(3) the rape of women in public places and public;

(4) more than two gang rape;

(5) cause the victim serious injury, death or other serious consequences.

Five, the coercive indecency, insulting women sin, crime of child molestation

These two kinds of crimes are decomposed by the past hooliganism. Forced obscene, insulting women sin with rape how to distinguish? Especially with the attempted rape. Coercive indecency and rape external behavior, means are completely the same, so by the fact evidence to prove that the actor has the intention no sex with women, if the resort to violence, forced the means, and women who had sexual intercourse, is rape. If did not succeed, is attempted, but not obscene.

Another aspect of compulsory indecency with rape is different, in the main, the subject of rape is the only male, but forced obscene, insulting women sin, women, men can constitute.

The crime of child molestation and coercive indecency insulting women sin difference is object. The different objects, the object violated means, is not the same as. The coercive indecency is coercive means, no requirement of child molestation, a child is under 14 years old children. The difference between two types of crime and the crime of rape and fornication with an underage girl almost.

So the child molestation, does not require Is it right? Coercive means, also don't ask whether children agree, can constitute. Child molestation contains to lure means.

Limit the coercive indecency, insulting women sin and crime of insult:

The difference is mainly from the motivation to consider. This is also from the behavior point of view, women speak insult hooliganism in past is what motive? For the rogue motivation. The coercive indecency, insult women insult, is mainly to meet the sexual stimulation, or the pursuit of spiritual stimulation, to meet their spiritual emptiness; insult sin is to harm others honour for the purpose, but in the practice, the crime of insulting are personal cause.

Six, the crime of illegal detention

The crime of illegal detention refers to the illegal detention of a person or other unlawful deprivation of personal liberty of others behavior. This is a typical continuous crime.

The provisions of the criminal law: make the crime of illegal detention "causing serious injury, three years and ten years in prison; causes a person's death, more than ten years in prison". This is the crime of illegal detention of aggregated consequential offense.

Transforming crime (crime) provides that: the use of violence cause disability, death, set the crime of intentional homicide, or the crime of intentional injury.

The difference between the crime of kidnapping and illegal detention:

According to Article 239 of the criminal law, the crime of kidnapping refers to extort property (or the interest of property) for the purpose of, violence, coercion or other methods (kidnapping) kidnapping others, or (kidnapping) kidnapping others as hostages behavior.

The 1997 criminal law, the crime of kidnapping is a minimum sentence of 10 years, the maximum penalty is death. If the circumstances are relatively minor, five years less than ten years imprisonment, fined.

Kidnapping is a means of violence, coercion, anesthesia method, is similar to rape means. The objective elements of the kidnapping has extortion behavior and demanding other illegal behavior. Illegal detention of no such behavior; the object of crime, the object of the crime of kidnapping is twofold, both the kidnapped person, there are third, the crime of illegal detention of prisoners is.

For repayment of the debt illegal arrest, detention of a person, constitute the crime of illegal detention. Not in accordance with the kidnapping crime, the difference between this and extortion of quality.

Supplement: the difference between the crime of kidnapping and robbery

The two if the constitution perspective, it seems easy to distinguish, one is the different purposes, to obtain property for the purpose of robbery, kidnapping is possible in order to obtain property, there may be in order to meet the requirements of illegal, with on the spot. The robbery in particular, means behavior uses violence on the spot, on the spot to obtain the properties. The kidnapping crime is not on the spot to obtain property, the spot is the victims of kidnapping, is acquired property.

The object of the crime of kidnapping is twofold, robbery is single, this is from the elements are distinguished, but in cases, some people, is to take the victim kidnapping, kidnapping, and then on the spot from which in possession of identity cards, passbooks, let the victim say bank card password sent to the bank, take out the money, this is robbery and kidnapping? This act should be convicted of robbery.

The standard of accomplishment of the crime of kidnapping:

The crime of kidnapping is accomplished under what circumstances, some extortion. Call the crime, criminal act of the crime of kidnapping crime of abducting and trafficking in women and children, we understand the behavioral offense. Act crime is behavior of crime, subjective purpose is to achieve, do not affect the criminal trial. What is the kidnapping? One is the issue of extortion and meet the requirements of other illegal information to third parties. This behavior is accomplished.

The kidnapping crime sentencing standards:

The article 239th of the criminal law is amended as: 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; if the circumstances are relatively minor, five to ten years in prison, fined.

The crime mentioned in the preceding paragraph, the death of the kidnapped person or kills the kidnapped person, the death penalty, also be sentenced to confiscation of property.

Whoever steals an infant for extortion, shall be punished in accordance with the provisions of the preceding two paragraphs.

Seven, the crime of abducting and trafficking in women and children

The crime in 1979 Criminal Law, is the crime of trafficking in persons, in the early 90, increase the crime of abducting and trafficking in women and children. After the crime, judicial interpretation, human trafficking crimes did not cancel. Abducting and trafficking in women and children under the age of 14, on the crime of abducting and trafficking in women and children, if the object is in men over the age of 14, should be the crime of abduction. The 1997 legislation, would simply cancel the crime of trafficking in persons, only stipulated the crime of abducting and trafficking in women and children that counts, it is the legislative changes.

In accordance with the provisions of the criminal law now, trafficking in women and children, is for the purpose of selling, buying, trafficking, kidnapping, kidnapping, transfer, transfer women, children's behavior.

(a) elements

Subject: 16 years old of above person general subject.

Objective elements: kidnapping, kidnapping, buying, trafficking, transport, transit.

Object: women, children. Do not include men over the age of 14. Trafficking of men over the age of 14, can not constitute crime.

How trafficking hermaphrodite? That the crime of abducting and trafficking in women and attempted.

Subjective: direct intention, with the intent to sell.

(two) in some problems noticed that the crime of abducting and trafficking in women and children

The 1 should pay attention to the standard of accomplishment in the foregoing, must act committed to judge.

2 on the "sell dear dear" cognizance. The principle of this kind of behavior, for the purpose of profit, sell relatives, set the crime of abducting and trafficking in women and children. According to the judicial interpretation in 2000, for the purpose of profit, sold under the age of 14 children, aggravated by the name, adopted child trafficking, and sell to pick up children, on child trafficking crimes shall be investigated for criminal responsibility.

3 "Hawk" cognizance. This is actually a kind of fraud and conspiracy to.

Determination of 4 infant theft cases.

(three) the problem of crime number

(1) failed to sell -- kidnapping crime

(2) deliberately killed, hurt the victim -- the number of crimes

(3) the victim's death, injury caused by negligence in this crime one crime -- Set

(4) -- set the crime of rape victims

(5) -- set the crime to buy and sell

The provisions of article 240 of criminal law: the trafficking of women, children, five to ten years in prison, and shall also be fined; in any of the following circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property; if the circumstances are especially serious, the death penalty, also be sentenced to confiscation of property.

(four) the eight aggravating circumstances that

(1) the first molecular group of abducting and trafficking in women, children;

(2) the trafficking of women and children, three people;

(3) to seduce abducted women;

(4) deception, forcing abducted women to engage in prostitution or those selling abducted women to prostitution;

(5) for the purpose of selling, the use of violence, coercion or anesthesia abduction of women, children;

(6) for the purpose of selling, stealing a baby;

(7) causing abducted women, children or their relatives serious injury, death or other serious consequences;

(8) women, children will be sold to overseas.

Eight, those buying abducted women, children of sin    00:32:37

Those buying abducted women, children, according to be bought women will not hinder, returning to their original residence, to buy children do not abuse behavior, not hinder to rescue them, can not be investigated for criminal responsibility.

The number of crimes:

After the acquisition, rape, unlawful detention, intentional injury, insult, abuse and other acts, the combined punishment for several crimes.

Nine, crime of false accusation    00:37:09

According to Article 243 of the criminal law, refers to the act of fabricated facts of a crime, to denounce state organs or relevant units, attempt to subject others to criminal investigation, if the circumstances are serious behavior.

Crime of false accusation in the objective performance for several acts: (1) fabricated others criminal facts; (2) make a false report to the state department or the relevant units; (3) the serious action

The subjective aspect of crime of false accusation against is intentionally, and with the intention of making others to criminal.

Limit of crime of false accusation and libel is the objective behavior, subjective aspect. Objective to make others received a false accusation against the criminal libel to harm others; is. The objective is, crime of false accusation trumped up criminal facts, libel is concoctive fact, but not the facts of the crime fiction.

Crime of false accusation is a typical behavior crime, as long as there are fabricated the facts of the crime and the need to report behavior, crime, and others received criminal prosecution, established does not affect its accomplished crime. But the circumstances of sentencing is to consider.

Fabricated frame others, attempt to subject others to criminal investigation, if the circumstances are serious, is less than three years imprisonment, criminal detention or control; causing serious consequences, at three to ten years in prison.

Workers of state organs who commits the crime, he shall be given a heavier punishment.

False boundaries against crime and the revenge against crime:

The revenge against crime is the state organ personnel breach of privilege, jobbery, reprisals against the behavior of the complainant, the complainant, criticize people, informer.

The difference between them lies in: not the same as the main objective behavior is not the same; behavior; different object; subjective intent, objective different.

Ten, the crime of torture to extract confessions   00:46:31

This kind of behavior is very serious in our country at the present stage, in the past many countries, torture to extract confessions is a serious problem, but in western countries, whether common law or civil law countries, the evidence rule changes, to contain the great role to torture to extract confessions, torture to extract confessions is greatly reduced, but also not completely eliminate. One of the most important rules of evidence can completely prevent torture to extract confessions of the accused is not forced to testify against himself.

The subject of this crime is the judicial staff, which have the functions of investigation, prosecution, trial, supervision of staff.

Object is a criminal suspect, defendant, namely the culprit.

The distinction between crime and the crime of illegal detention of torture to extract confessions: subject to different objects and different; different.

The difference between crime and violence crime of torture to extract confessions: (1) different object: object of crime of torture to extract confessions is suspect, the defendant, object evidence of violence crime is the witness; (2) for different purposes; (3) behavior in different ways.

Article 247th the judicial personnel to the crime suspect, defendant by torture to extract confessions or the use of force to extract testimony, is less than three years imprisonment or criminal detention.

Cause disability, death, convicted in accordance with the provisions of law 234Th, article 232nd shall be given a heavier punishment.

We really want to do reduce the torture to extract confessions behaviors or the prevention of torture to extract confessions, one is the change of ideas. Another is the system design, mainly is the procedure rules. But from a policy point of view now, some setbacks, in individual rights.

The criminal procedure law legislation to move forward, but the process of implementation, and not only, and even in some places still backward. So the realization of the rule of law has a long way to go, this is inseparable with the political system.

Introduction.

Today about two chapters, is a crime of property violation. The judicial interpretations, infringement property crime is the most common crime. Another is the crime of bribery and corruption. The two kind of common crime is the crime of corruption and crime. This involves defining the concept of the identity of the national staff.

The fifth chapterCrimes of property violation

1 property crimes include two categories

(1) obtaining property crime. Including for the purpose of illegal possession of property crimes: fraud, embezzlement, theft and robbery, this is for the purpose of illegal possession acquired crime; temporary use for the purpose of embezzlement crime, the crime is not much, in the crime of property violation, only two kinds, the crime of funds misappropriation and embezzlement of special goods, the two kinds of crime and corruption and bribery, embezzlement of public funds and together grasp, embezzlement crime and corruption is also should be combined to grasp.

(2) destruction of property crimes: the crime of intentional destruction of property, crime of sabotaging production and business operation.

2 the crime object is public or private property

Public and private property, including tangible property, including intangible property. Public and private property can be of the movable property, also can be the immovable property.

One, the crime of robbery

The crime of robbery in the infringement property crime is the most serious crime, but it is not the most common. In the crime of property violation, the most common or theft, and not a robbery.

The robbery and the general crime of property violation is different is a violation of property violation of personal rights of citizens, so its harmfulness is the largest in the crimes of property violation, which is why the "reason" in criminal law infringement property crime of robbery in the first row.

(a) the constitutive elements of the crime of robbery

The main 1 robbery

The general subject of natural person, the full 14 under the age of 16 commits this crime, criminal responsibility shall be borne.

The objective elements of the 2 robbery

On the spot the use of violence, coercion or other methods, forced to plunder of public or private property behavior.

From the way of speaking, "the provisions of the criminal law of the crime of robbery" must take the violence, coercion or other means.

Robbery crime means:

The violence

The general is to kill these physical power to force the victim to hand over the property, violent methods include intentional homicide, intentionally harm's way.

② coercion

Stress refers to the violence, not including the spirit of Non Violence forced. The violence degree should reach the level so that the victim can't resist.

The other means

The most common is the anesthesia method.

Means behavior and purpose behavior robbery shall on the spot, on the spot as a generalized understanding, not limited to conduct on-site, should include all the process control of the defendant.

A causal relationship between the results must be means behavior and obtained the property.

Loss of consciousness in the victim, take the money behavior, can constitute theft and in front of the criminal punishment. If the victim was not unconscious, watched the others to take the money, did not dare to say, don't resist, it should be regarded as the robbery.

The object of robbery crime behavior is public or private property.

There are several special cases need to pay attention to in robbery cases:

The robbery contraband (drugs and so on), robbery and other illegal possession of the property, property certificate.

The robbery proof to eliminate debt, debt.

To snatch back to judicial seizure of property.

(answer) the objective elements of the crime of Robbery 2

"Judicial interpretation" of the robbery specific belongings behavior made clear:

The illicit drugs, counterfeit money, obscene articles and other products as the object, the implementation of the robbery, the robbery conviction; the number of contraband robbery of sentencing to be considered as. After the robbery contraband contraband implementation of other crimes, should other crimes to robbery and the implementation of the combined punishment for several crimes.

The gambling money robbery crime, the proceeds of crime, the robbery conviction, but acts only on which lose money or won debts as the object of robbery, generally not convicted and punished for robbery. Constitutes another crime, shall be punished in accordance with the relevant provisions of the criminal law.

③ for personal use, by violence, coercion have family members or relatives of property, generally not convicted and punished for robbery, constitutes another crime, in accordance with the relevant provisions of the criminal law of the processing; instigate or together with others to violence, coercion robbing family members or relatives of property, can be the crime of robbery the conviction and punishment.

Subjective elements of the 3 robbery

Intentional crime, illegal possession for the purpose of illegal possession or.

Illegal all including all for himself or for others, illegal possession of all property must be others; forced back all his property does not constitute a crime. But the means behavior can constitute the crime of intentional injury.

Object 4 robbery crime

Violations of the object is a complex object, is a violation of property rights, but also violated the rights of the person.

(two) robbery eight aggravating circumstances of understanding

The 1 robbery of housebreaking

(1) "household" should have two features

One is the functional characteristics: "users" must be used for family living;

Two is the place features: relative isolation.

In general, dormitory, hotel, temporary work shed as should not be regarded as "family", because they do not have the character of place. But in certain circumstances, if has the above two features, can also be identified as "households".

(2) "illegal entry" purposes. In 2006, the judicial interpretation, going into the households illegal interpretation is very important.

The judicial interpretation in 2000 this provision: for burglary, is found and on the spot the use of violence or threats of violence, shall be deemed as the robbery of housebreaking.

While the 2006 judicial interpretation is emphasized: on the spot the use of violence or threat of violence in resisting arrest behavior occurs indoors, can be regarded as the robbery of housebreaking.

The 2 robbery on public transportation

According to the interpretation of "robbery" second rules "," robbery on public transportation vehicles in public transport refers mainly engaged in various bus, passenger transport, taxi, train, ship, and aircraft in operation on passengers, ticket, passenger service personnel robbery. Also includes mobile public transportation to run way to intercept, the implementation of public transport personnel.

The 3 robbery of a bank or other financial institutions

With the theft of financial institutions, judicial explanation of exactly the same.

This mainly refers to the robbery of a bank or other financial institutions operating funds, securities and client funds etc.. Rob van is being used in the banks or other financial institutions, regarded as "robbing a bank or any other financial institution".

4 repeated robbery or large amount of

"Many times" refers to three or more times, "huge amount" is the amount of theft huge standard reference.

In the same place at the same time, the more robbery; or based on the same offense to the same place to implement continuous robbery crime, such as in the same place continuously on the way many people here robbery; or in a crime of a residential building in several households continued the implementation of the robbery of housebreaking, the general should be recognized as a crime.

The 5 robbery causing serious injury, death

This is important to note that the intentional murder, mayhem, it made clear provisions in the judicial interpretations.

6 posing as military and police personnel

(omitted)

7 armed robbery

"Gun robbery", refers to the act of using guns or revealed to the victim to hold, wear the guns of marauding behavior. The scope and concept of "guns", to apply the "gun control law" of the people's Republic of china.

8 specific materials

(omitted)

(three) recognition of the transformed robbery

Article 269th: "Whoever commits the crimes of theft, fraud, robbery, for booty, resist arrest or destroy criminal evidence and on the spot the use of violence or threats of violence, in accordance with the provisions of article 263rd convicted and punished."

Transformed robbery and robbery.

Transformed robbery must have 3 elements, namely, guilty of theft, fraud, snatch crime.

Process for theft, fraud, robbery, theft, robbery, fraud, whether the property to a large amount of which is to reach the level of criminal? On this issue, the judicial interpretation in 1996 and the present judicial interpretation is essentially the same, larceny fraud looting behavior is not required to achieve a large amount of crime. The implementation of theft, fraud behavior, looting, does not meet the "large amount", for booty, resist arrest or destroy criminal evidence on the spot the use of violence or threats of violence, if the circumstances are relatively minor and the harm is not great, not to the crime.

But with the following one of the episodes, in accordance with the provisions of article 269th of the criminal law, convicted and punished for robbery:

(1) theft, fraud, plunder close to the "large amount" standard;

(2) into people's homes or theft, on public transportation, snatch fraud after the outdoors or in the transportation;

(3) the use of violence causing slight injury or consequences;

(4) the use of weapon or weapon threats;

(5) has other serious circumstances

There is a problem, the relative criminal responsibility age can not constitute the crime of transformed robbery? Has over 14 years of age, 16 year olds can constitute the crime of transformed robbery? This has the different explanation:

"On the trial of juvenile criminal case concrete application law interpretation of several issues" (2006) the provisions of article tenth: full fourteen years of age under the age of sixteen theft, fraud, plunder the property of others, for booty, resist arrest or destroy criminal evidence, the use of violence on the spot, intentional injury causing serious injury or death, or intentional homicide the, shall be respectively to the crime of intentional injury or intentional homicide conviction and punishment.

This means that the relative criminal responsibility age people cannot be transformed robbery, robbery crime conviction according to. Why? Because the transformed robbery theft, fraud, plunder of the three kinds of criminal responsibility is the premise of.

(four) the boundaries of the crime

Special cases of judicial interpretation and judicial practice can not do criminal treatment. The judicial interpretation of the full fourteen years of age under the age of sixteen with mild violence or threat, forced to ask for other minors to carry live, learning activities or money in small quantities, and did not cause the slight injury or not normal school learning, living and other harmful consequences, is not considered a crime.

The full sixteen years of age under the age of eighteen has the circumstances as prescribed in the preceding paragraph, are generally not considered a crime.

In practice, because of the civil marriage disputes caused by the seizure of property act, this is usually not regarded as the crime of robbery.

The properties, snatching belongings behavior of gambling money robbery behavior also involves the problem of crime or non crime.

(five) robbery crimes and related crimes

The 1 robbery and intentional homicide

Official Reply of the Supreme People's Court on the robbery crime of intentional homicide conviction of how (May 22, 2001):

Human behavior to plunder property and premeditated murder, or in the robbing of the victim, as the uniform resistance murderer, convicted and punished for robbery. Act of robbery, to kill and murder, robbery and intentional homicide by conviction, a combined punishment for several crimes.

Violence behalf behavior, usually not convicted and punished for robbery. Constitute intentional injury, be punished in accordance with the relevant provisions of.

The 2 robbery and kidnapping

The kidnapping crime is the infringement of the right of personal liberty of crime, and the difference between the crime of robbery:

(1) the subjective aspect is not the same. In the crime of robbery, behavior are generally out of possessing illegally intent of robbery, kidnapping, behavior person either for extortion and kidnapping others property behavior, may also the kidnapping behavior for other non economic objective;

(2) behavior means not the same. Robbery crime is behavior person to plunder property should be at the same time, the same place, has "on the spot"; the kidnapping crime is behavior person to kill, damage to the kidnapped person relatives or any other person or entity threat, ransom or propose other illegal request, to plunder property generally do not have "on the spot".

(3) invasion of different objects, object kidnapping infringement is twofold, this is not the same as robbery, robbery is a single.

The 3 robbery and the crime of blackmail and impose exactions on

The difference between the crime of robbery and blackmail and impose exactions on:

① means

Robbery is not only the violence, including non violent spirit force; blackmail and impose exactions on including non violent spirit force.

The threats are personally, to implement;

The threat of content and implementation time;

The property obtained at different times.

On the spot of violence or threats of violence, but acquired property, shall constitute the crime of blackmail and impose exactions on, but can not constitute the crime of robbery;

With the threat of violence on the spot, on the spot and acquire property, can constitute the crime of robbery.

On the spot to the spirit of Non Violence coercive means (such as mudslinging threatening), on the spot made property, also can constitute the crime of blackmail and impose exactions on.

The 4 robbery and snatch crime

It should pay attention to two special cases of judicial interpretation:

"The Supreme People's Court on Several Issues concerning the specific application of the law to snatch the criminal case explanation" (July 15, 2002) fifth: the seizing behavior of public or private property, constitutes a crime, the victim serious injury, death and other consequences, constitute negligence mayhem, negligence causing death and crime, in accordance with the provisions of punishment heavier the conviction and punishment.

Driving, robbery is under any of the following circumstances shall be convicted and punished for robbery:

(1) driving the vehicle, forced extrusion, impact or forcibly forced down others to the exclusion of others against, to seize property;

(2) driving the vehicle to rob property, because the victim does not let go and take a strong pull hard drag rob the property;

(3) the perpetrator knows its vehicles forcible seizure of property of others means will cause casualties consequences, still forcibly taken and laissez faire causes property holders slightly above consequences.

Identification of "snatching with lethal weapon":

People carry the State prohibits other instruments than individuals carrying instruments to rob, but there is evidence that the instrument is not really in order to implement the criminal preparation, not to robbery conviction;

People carry guns, explosives, knives and other individuals carrying equipment prohibited by the state and the implementation of crime, this kind of non controlled devices can be regarded as the murder weapon.

People carrying weapons snatch, in the process of escape for booty, resist arrest or destroy criminal evidence and on the spot the use of violence or threats of violence, shall be convicted and punished in application of article 267th of the criminal law second paragraphs.

The 5 robbery and the crime of forced transaction

Such provisions in the judicial interpretations: engaged in normal commodity trading, trading or labor services, by violence, coercion to force others to surrender and reasonable price, cost difference property, if the circumstances are serious, the forced transaction crime; illegal possession for the purpose, to trade, trade, service means under the guise of the violence, coercion to force others to surrender and reasonable price, cost is the difference between the money and goods, to robbery conviction and punishment. In practice, it is necessary to consider the absolute amount exceeds the reasonable price, cost, but also consider beyond a reasonable price, the proportion of costs, comprehensive judgement.

The comprehensive judgment is the specific analysis of specific cases, it is difficult to have a possible standard.

The line between the 6 robbery and attempted

Now it is necessary to consider the consequences of any damage, also want to consider there is no getting the property. Two aspects should be taken into consideration.

As long as the property of robbery must be accomplished, if not obtain property and violence, causing minor injuries above consequences, is also accomplished.

Neither the robbing, without causing others above light damage effect, belonging to the attempted robbery.

Two, the crime of theft

(a) elements of theft

The objective aspect:

(1) the secret steal -- perpetrator himself considered his not being found are stealing, secretly stealing.

(2) a relatively large amount of time or;

(3) the behavioral object;

The theft of property not only includes tangible property, including intangible property.

Theft of contraband (including drug) to be convicted and punished per larceny.

(two) boundary of theft crime

1 the standard of conviction: theft of large amount (5002000 element) or multiple theft.

The repeated theft must be within 1 years a burglary or in public places to pick more than 3 times.

2 attempted theft problem: attempted theft only if the circumstances are serious, it shall be investigated for criminal responsibility.

If the circumstances are serious precious cultural relics including: a huge amount of property or the country as a target for theft, shall be punished for theft.

3 steal their belongings or close relatives of the property, in general not handled by crime; criminal responsibilities shall be investigated for indeed necessary, punishment and crime in the society should also be differentiated.

(three) the special form of theft

(omitted)

(four) the relationship of overlap of articles of law

The theft of state secrets, theft of firearms, ammunition, the National Archives theft, theft of official seal, theft, armed forces official seal, stealing the national archives, stealing state secrets, theft tomb relics are theft, theft crime and formation of overlap of articles of law.

(five) the imaginative joinder of relationship

1 theft of radio and television facilities, public telecommunications facilities, power equipment, if not up to the larger amount of standard, according to the crime of endangering public safety, if the large amount of standard, not only violated the theft, and violated the destruction of radio and television facilities, public telecommunications facilities, power equipment, choose a heavier punishment;

Among the 2 to destroy inflammable, explosive equipment theft means oil, choose a heavier punishment.

(six) cases of theft of motor vehicles

If the theft of motor vehicles is as guilty tools and the use of qualitative, according to theft; motor vehicle directly into the larceny theft amount;

If in order to other crimes, such as murder, injury, robbery and theft of motor vehicles as traffic tool use, theft and other crimes should be punished;

Motor vehicle theft as a means of transport, and the motor vehicle drives the back, causing no motor vehicle lost, can not be convicted and punished as the crime of theft.

Several steal a motor vehicle, and the motor vehicle lost, convicted and punished as theft; slight steal behavior can be handled without crime.

(seven) the boundaries of theft and other crimes

1 theft and vandalism

Some people to theft means of damage, or theft, in order to cover up the theft and destruction of property or set fire to, such cases how qualitative?

The destructive means theft situation, if the theft to theft, and destruction of property behavior constitutes the crime of destroying property (serious), the felony penalties.

Theft of public or private property does not constitute the crime of theft, but due to the destruction of public or private property damage caused by means of large amount, the intentional destruction of property crime.

After the theft, to cover up the theft or revenge, deliberate destruction of public or private property constitutes a crime, shall be based on the crime of theft and other crimes of the combined punishment for several crimes.

2 theft and robbery

The two kinds of crime means are different, one is to take the others will not be found the way to steal the secret, is a blatant win.

The accomplished offense and the attempted theft problem 3

Attempted theft accomplished what that, theoretically have control: behavior control properties as the standard of accomplishment; uncontrolled said: control the behavior person acquires property and the property from the original owner, belongs to the crime.

In the judicial interpretation, calculation of larcenous amount has some specific provisions, this is technical.

Three, the crime of fraud

(a) fraud and other crimes overlap of articles of law

Fraud is the general law, the other is special regulations, if the special provisions, should take precedence over the general law principles.

(two) the imaginative joinder of fraud and other crimes

The concurrence of staff fraud and crime of try every trick to mislead the public as state organ, posing as soldiers try every trick to mislead the public crime: if the fraud, which constitute the crime of fraud, and form as state organ personnel to try every trick to mislead the public or posing as soldiers try every trick to mislead the public choice of a crime, shall be given a heavier punishment.

(three) the difference between theft and fraud

Theft is the secret theft, fraud is fraud victim voluntarily surrender property. The key lies in whether the victim voluntary delivery.

Why this should be the difference between the two? The main problem in practice is that the switch case.

(four) crime of fraud and crime of blackmail and impose exactions on difference

Some people with fictional facts for the property of others, which in the end what is crime, fraud or blackmail and impose exactions on? If it is a myth, the victim believe the myth was forced to hand over property is blackmail and impose exactions on crime.

Litigation fraud is found? The Supreme People's Procuratorate laboratory made a reply to the provincial Procuratorate, by falsifying evidence for civil possession of his product, is the court's judicial activities of his invasion, lied to the court, this kind of situation, not identified as fraud. The victim wasn't fooled.

Four, the crime of Embezzlement

Embezzlement crime from the crime type, and embezzlement, corruption have common characteristics. The three kinds of crime is the crime of embezzlement. The characteristics of the crime by overall is his handling property take forcible possession of illegal possession, custody.

The aggressiveness of crime can be divided into three categories: first, ordinary occupation (embezzlement); second, business occupation (embezzlement); third, the official embezzlement (civil servants occupation).

Common object elements of embezzlement crime:

1 trust (to take custody of property of others take forcible possession of embezzlement behavior does not return) constitute the crime of embezzlement;

2 forgotten (of lost property and drift does not constitute the crime object

3 buried

The crime of embezzlement and the crime of duty encroachment is easy to distinguish, because the subject of crime, behavior and the behavior object, the object of the crime are different.

The eighth chapterThe crime of corruption and bribery

A total of 12 charges of corruption and bribery crime, focusing on 6: the crime of corruption, embezzlement, bribery, bribery, bribery crime, the crime of huge unidentified property

One, the crime of corruption

The crime of corruption, refers to the state personnel who take advantage of their office, embezzle, steal, cheat or by other means of illegal possession of public property act.

(a) constitutive elements of crime of corruption

Object: 1 state functionaries of the integrity and public ownership of property.

2: deliberately, subjective purpose of illegal possession.

The 3. subject is a special subject, which must be a national staff.

(two) the subject of crime: special subject

The subject of the crime of embezzlement include two categories, five kinds of people.

First, the national staff;

Second, the entrusted management, management of state-owned property.

The key difference between the crime of bribery crime and non state is the subject identity.

According to the provisions of article ninety-third of the criminal law, national staff consists of four people:

1 staff of state organs

In public in state organ personnel, including personnel engaged in official business in the state organs of state power at all levels, administrative organs, judicial organs and the military authorities;

In the above the township China Communist Party organs, the people's Political Consultative Conference institutions engaged in public affairs, in practice by the state staff to identify.

In addition, according to the National People's Congress Standing on the problem of "the subject of the people's Republic of China Criminal Law" the ninth chapter of crime of malfeasance interpretation (December 28, 2002), three types of personnel to exercise on behalf of the state authority, is also seen as the personnel of state organs:

Personnel engaged in official business of the exercise of state administrative authority in accordance with the provisions of laws, rules and regulations in the organization;

The personnel engaged in official business under the state organs entrusted on behalf of the state organs exercise their functions and powers in an organization;

It is not included in the national staffing agencies but engaged in public affairs in state organ personnel.

2 engaged in public affairs in State-Owned Company, enterprises, institutions, people's organizations staff

State-Owned Company and state owned enterprise property must all belong to the state, is the State-Owned Company, the state-owned enterprises.

State owned Enterprises -- the hospital, school, scientific research institutions, sports, radio and television, press and publication units are state-owned institutions.

People's organizations -- set up by the national organization, property completely belongs to a country all non-profit social organizations, such as trade unions, Communist Youth League, women's federations above the township organization.

3 state agencies, State-Owned Company, enterprise, unit to a non State-Owned Company, enterprises, institutions, social organizations engaged in public service, the state-owned units assigned to personnel engaged in official business in the non state owned units.

4 other engaged in public service according to law personnel

This kind of person should have two characteristics: the state management function in specific conditions; two are engaged in public service according to law. Specific include:

The people's congresses at various levels shall perform their duties according to law;

The CPPCC committees at all levels shall perform their functions and duties;

The performance of duties in accordance with the law of the people's jury trial;

To assist the people's governments at the township level in the administration of the villagers' committees, residents' committees and other rural and city grass-roots organizations;

The other under specific conditions in accordance with the law to exercise state of personnel management functions.

The subject of crime (two): special subject

Such people have a common characteristic is engaged in public service.

(three) the "official" understanding

The 1 official is representative of the state-owned units, performance, organization, leadership, supervision, management responsibility activities.

2 by state organs, enterprises, institutions, State-Owned Company, the people's organizations entrusted management, management of state-owned property

This kind of personnel is the result of contracting, leasing, temporary employment management, management of state-owned property.

By the state organs entrusted, state-owned units entrusted with the operation of state-owned property management and the front national staff third people: non state owned units in state-owned units and staff is different.

(four) special forms of the crime of corruption

The difference between the 1 crimes of corruption and Embezzlement

The two kinds of crime in the same objective factor, subjective aspects of exactly the same, are intentional crime, for the purpose of illegal possession. The fundamental difference is that the main Is it right? Belongs to the crime of corruption of the two staff: national staff and state-owned units commissioned by the state-owned property management personnel. These two kinds of personnel, embezzle the property units, is the corruption. If the unit staff using the duty convenience the infringement of the property units, and illegal possession, is the crime of duty encroachment.

2 the difference between corruption crime and the crime of theft, fraud

The key difference is the subject of crime is a national staff and whether the country staff duty convenience.

3 accomplice

(1) collusion, collusion with corrupt, punished as an accomplice.

(2) internal collusion, internal staff.

In judicial practice, according to the actual circumstances of the case, it is difficult to distinguish from crime, crime of corruption can be convicted and punished.

(five) identified the accomplished offense and the attempted crime of corruption

And theft, fraud, robbery, embezzlement crime.

Two, the crime of embezzlement of public funds

The crime of misappropriating public funds, embezzlement, misappropriation of special goods belong to the crime of embezzlement. The crime of misappropriation on certain property less, but the specific funds for personal use, set the crime of embezzlement of public funds.

(a) the crime of embezzlement of public funds and the crime of misappropriation of funds

The crime of misappropriation of funds provisions in the crimes of property violation, it's the difference between the equivalent of corruption and embezzlement, the most critical is the subject, the subject of crime of misappropriating public funds is a national staff, unit staff if does not have the status of national staff, the act of embezzlement can constitute the crime of misappropriation of funds.

Have the same place in the objective elements.

(two) the objective elements of the crime of embezzlement of public funds

Using the convenience of duty, this and corruption, the objective elements of the crime of misappropriating public funds to pay attention to: (1) the premise, any crime of misappropriation of public funds must be for personal use. (2) use, for different purposes, different standards of conviction. These two aspects in the determination of the crime of misappropriating public funds is the most critical.

(three) to "Misappropriating Public Funds for personal use" understanding

The Standing Committee of the NPC in April 28, 2002 legislative interpretation, in any of the following circumstances, belong to "Misappropriating Public Funds for personal use".

(1) the money for himself, his relatives or other natural persons use;

(2) in the name of the public money for other units use;

Whether in the name of a person, not only form, from essentially grasp is the unit or individual behavior.

(3) individual decisions in the name of the unit will use the money for other units, seek personal interests.

(four) embezzlement of public funds for three kinds of behavior of using personal

(1) extended not also type

The conviction to meet two criteria: ① considerable amount; the more than three months without further. If more than 3 months but at the front all the return of the principal, he may be given a lighter punishment or be exempted from punishment.

(2) profit activity type

The funds for capital, registered company, this belong to profit seeking activities.

Profit seeking activities of misappropriation of public funds for personal use and act constitutes a crime in only one condition: no return time limit. But to meet the large amount of standard, will constitute the crime of misappropriation of public funds.

(3) the illegal activity type

From the law perspective, the most serious harm, the maximum. This is not affected by the "large amount" and the time limit.

(five) the difference between the crime of embezzlement of public funds and corruption

The crime of misappropriating public funds is a temporary embezzlement of public funds for personal use, and the crime of corruption is to permanently for the purpose of illegal possession.

Three, the crime of accepting bribes

In reality, the crime of bribery is common. But those are not the same, not all of the bribery behavior is to bribery crime investigation.

The bribery crime is refers to the country staff duty crime, the crime subject must be national staff. Bribery is a kind of right trading behavior, used his position to facilitate the rights to request people to seek benefits.

(a) the elements constitute the crime of bribery

The 1 act must have the convenience of duty;

2 demand property from others, or accept bribes to seek benefits for others

For the benefit of others is a subjective or objective elements? Various viewpoints have. In theory a objective element, the objective element made the most broad interpretation.

(two) three special kinds of bribery

Illegal bribery 1 in economic activities. It must be owned by individuals;

2 mediation bribe. Must be for the claimant to seek illegitimate interests can constitute;

3 after the acceptance of bribes.

Well, our class will say so much, thank you.