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中华人民共和国刑法(一)

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中华人民共和国刑法
CRIMINAL LAW OF THE PEOPLE'S REPUBLIC OF CHINA

(Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979, promulgated by Order No.5 of the Chairman of the Standing Committee of the National People's Congress on July 6, 1979, and effective as of January 1, 1980)(Editor's Note: For the revised text, see Criminal Law of the People's Republic of China revised at the Fifth Session of the Eighth National People's Congress on March 14, 1997 and effective on October 1, 1997)
时效性:已被修正  颁布日期:19790706  实施日期:19800101  失效日期:19971001  颁布单位:全国人大

  Contents Part One General Provisions

  Chapter I The Guiding Ideology, Tasks and Scope of Application of the Criminal Law

  Chapter II Crimes

  Section 1 Crimes and Criminal Responsibility

  Section 2 Preparation for a Crime, Criminal Attempt and Discontinuation of a Crime

  Section 3 Joint Crimes

  Chapter III Punishments

  Section 1 Types of Punishments

  Section 2 Public Surveillance

  Section 3 Criminal Detention

  Section 4 Fixed-term Imprisonment and Life Imprisonment

  Section 5 The Death Penalty

  Section 6 Fines

  Section 7 Deprivation of Political Rights

  Section 8 Confiscation of Property

  Chapter IV The Concrete Application of Punishments

  Section 1 Sentencing

  Section 2 Recidivists

  Section 3 Voluntary Surrender

  Section 4 Combined Punishment for Several Crimes

  Section 5 Suspension of Sentence

  Section 6 Commutation of Punishment

  Section 7 Parole

  Section 8 Limitation

  Chapter V Other Provisions Part Two Specific Provisions

  Chapter I Crimes of Counterrevolution

  Chapter II Crimes of Endangering Public Security

  Chapter III Crimes of Undermining the Socialist Economic Order

  Chapter IV Crimes of Infringing upon the Rights of the Person and the Democratic Rights of Citizens

  Chapter V Crimes of Property Violation

  Chapter VI Crimes of Obstructing the Administration of Public Order

  Chapter VII Crimes of Disrupting Marriage and the Family

  Chapter VIII Crimes of Dereliction of Duty

  Part One General Provisions

  Chapter I The Guiding Ideology, Tasks and Scope of Application of the Criminal Law

  Article 1 The Criminal Law of the People's Republic of China, which takes Marxism-Leninism-Mao Zedong Thought assist guide and the Constitution as its basis, is formulated in accordance with the policy of combining punishment with leniency and in the light of the actual circumstances and concrete experiences of the people of all China's nationalities in carrying out the people's democratic dictatorship, led by the proletariat and based on the worker-peasant alliance, that is, the dictatorship of the proletariat, and in conducting the socialist revolution and socialist construction.

  Article 2 The tasks of the Criminal Law of the People's Republic of China are to use criminal punishments to fight against all counterrevolutionary and other criminal acts in order to defend the system of the dictatorship of the proletariat; to protect socialist property owned by the whole people and socialist property collectively owned by the working people; to protect the citizens' privately owned lawful property; to protect the citizens' rights of the person and their democratic and other rights; to maintain public order and order in production, education, scientific research and other work and in the life of the masses; and to safeguard the smooth progress of the cause of the socialist revolution and socialist construction.

  Article 3 This Law is applicable to anyone who commits a crime within the territory of the People's Republic of China, unless the case is covered by special legal provisions.

  This Law is also applicable to anyone who commits a crime on board a ship or airplane of the People's Republic of China.

  If the criminal act or its consequence takes place within the territory of the People's Republic of China, the crime shall be deemed to have been committed within the territory of the People's Republic of China.

  Article 4 This Law is applicable to the citizens of the People's Republic of China who commit any of the following crimes outside the territory of the People's Republic of China:

  (1) counterrevolution;

  (2) Counterfeiting national currency (Article 122) and counterfeiting valuable securities (Article 123);

  (3) embezzlement (Article 155), accepting bribes (Article 185) and divulging state secrets (Article 186); and

  (4) posing as a state functionary to practise fraud (Article 166) and forging official documents, certificates and seals (Article 167)。

  Article 5 This Law is also applicable to any citizen of the People's Republic of China who commits a crime outside the territory of the People's Republic of China that is not specified in the preceding Article, if for that crime this Law prescribes a minimum punishment of fixed term imprisonment of not less than three years; however, this does not apply to a crime that is not punishable according to the law of the place where it was committed.

  Article 6 This Law may be applicable to any foreigner who commits a crime outside the territory of the People's Republic of China, against the state of the People's Republic of China or against its citizens, if for that crime this Law prescribes a minimum punishment of fixed term imprisonment of not less than three years; however, this does not apply to a crime that is not punishable according to the law of the place where it was committed.

  Article 7 If any person commits a crime outside the territory of the People's Republic of China for which according to this Law he would bear criminal responsibility, be may still be dealt with according to this Law, even if he has already been tried in a foreign country. However, if be has already received criminal punishment in the foreign country, he maybe exempted from punishment or given a mitigated punishment.

  Article 8 The problem of the criminal responsibility of foreigners who enjoy diplomatic privileges and immunities shall be resolved through diplomatic channels.

  Article 9 This Law shall enter into force on January 1, 1980. If an act committed after the founding of the People's Republic of China and before the entry into force of this Law was not deemed a crime under the laws, decrees and policies in force at the time, those laws, decrees and policies shall apply. If the act was deemed a crime under the laws, decrees and policies in force at that time and is subject to prosecution under the provisions of Section 8, Chapter IV of the General Provisions of this Law, criminal responsibility shall be investigated according to those laws, decrees and policies. However, if this Law does not deem it a crime or imposes a lighter punishment, this Law shall apply.

  Chapter II Crimes

  Section 1 Crimes and Criminal Responsibility

  Article 10 A crime refers to an act that endangers the sovereignty and territorial integrity of the state; endangers the system of the dictatorship of the proletariat; undermines the socialist revolution and socialist construction; disrupts public order; violates property owned by the whole people or collectively owned by the working people; violates the citizens' privately owned lawful property or infringes upon the citizens' rights of the person and their democratic and other rights; and any other act that endangers society and is punishable according to law. However, an act that is clearly of minor importance and little harm shall not be considered a crime.

  Article 11 An intentional crime refers to a crime committed by a person who clearly knows that his act will produce socially dangerous consequences but who wishes or allows such consequences to occur.

  Criminal responsibility shall be borne for intentional crimes.

  Article 12 A negligent crime refers to a crime committed by a person who should have foreseen that his act would possibly produce socially dangerous consequences but who fails to do so through negligence or, having foreseen the consequences, readily believes that they can be avoided, the result being that these consequences do occur.

  Criminal responsibility shall be borne for negligent crimes only when the law so provides.

  Article 13 If an act in fact results in harmful consequences due to unavoidable or unforeseeable causes rather than intent or negligence, it shall not be deemed a crime.

  Article 14 Any person who has reached the age of 16 and who commits a crime shall bear criminal responsibility.

  Any person who has reached the age of 14 but not the age of 16 and who commits homicide, inflicting serious bodily injury, robbery, arson, habitual theft or any other crime seriously undermining social order shall bear criminal responsibility.

  Any person who has reached the age of 14 but not the age of 18 and who commits a crime shall be given a lighter or mitigated punishment.

  If a person is not punished because he has not reached the age of 16, the head of his family or his guardian shall be ordered to discipline and educate him. When necessary, he may also be taken in by the government for reeducation.

  Article 15 If a mental patient causes dangerous consequences at a time when he is unable to recognize or control his own conduct, he shall not bear criminal responsibility, but his family members or guardian shall be ordered to keep him under strict surveillance and arrange for his medical treatment.

  Any person whose mental illness is of an intermittent nature shall bear criminal responsibility if he commits a crime when he is in a normal mental state.

  Any intoxicated person who commits a crime shall bear criminal responsibility.

  Article 16 Any deaf-mute or blind person who commits a crime may be given a lighter or mitigated punishment or be exempted from punishment.

  Article 17 Criminal responsibility shall not be borne for an act that a person undertakes in justifiable defence to avert an immediate and unlawful infringement of the public interest or of his own or another person's rights of the person or other rights.

  Criminal responsibility shall be borne if justifiable defence exceeds the limits of necessity and causes undue harm; however, consideration shall be given to a mitigated punishment or exemption from punishment.

  Article 18 Criminal responsibility shall not be borne for an act that a person is compelled to commit in an emergency to avert an immediate danger to the public interest or to his own or another person's rights of the person or other rights.

  Criminal responsibility shall be borne if an act committed in an emergency to avert danger exceeds the limits of necessity and causes undue harm; however, consideration shall be given to a mitigated punishment or exemption from punishment.

  The provisions of the first paragraph of this Article with respect to averting danger to oneself shall not apply to a person who is charged with specific responsibility in his post or profession.

  Section 2 Preparation for a Crime, Criminal Attempt and Discontinuation of a Crime

  Article 19 Preparation for a crime refers to the preparation of the instruments or the creation of the conditions for a crime.

  An offender who prepares for a crime may, in comparison with one who completed the crime, be given a lighter or mitigated punishment or be exempted from punishment.

  Article 20 A criminal attempt refers to a case where an offender has already begun to commit a crime but is prevented from completing it for reasons independent of his will.

  An offender who attempts to commit a crime may, in comparison with one who completed the crime, be given a lighter or mitigated punishment.

  Article 21 Discontinuation of a crime refers to cases where, in the process of committing a crime, the offender voluntarily discontinues the crime or voluntarily and effectively prevents the consequences of the crime from occurring.

  An offender who discontinues a crime shall be exempted from punishment or be given a mitigated punishment.

  Section 3 Joint Crimes

  Article 22 A joint crime refers to an intentional crime committed by two or more persons jointly.

  A negligent crime committed by two or more persons jointly shall not be punished as a joint crime; those who should bear criminal responsibility shall be individually punished a cording to the crimes they have Committed.

  Article 23 A principal criminal refers to any person who organizes and leads a criminal group in carrying out criminal activities or plays a principal role in a joint crime.

  A principal criminal shall be given a heavier punishment unless otherwise stipulated in the Specific Provisions of this Law.

  Article 24 An accomplice refers to any person who plays a secondary or auxiliary role in a joint crime.

  An accomplice shall, in comparison with a principal criminal, be given a lighter or mitigated punishment or be exempted from punishment.

  Article 25 A person who is compelled or induced to participate in a crime shall, according to the circumstances of his crime and in comparison with an accomplice, be given a mitigated punishment or be exempted from punishment.

  Article 26 A person who instigates others to commit a crime shall be punished according to the role he has played in the joint crime. Anyone who instigates a person under the age of 18 to commit a crime shall be given a heavier punishment.

  If the instigated person has not committed the instigated crime, the instigator may be given a lighter or mitigated punishment.

  Chapter III Punishments

  Section 1 Types of Punishments

  Article 27 Punishments are divided into principal punishments and supplementary punishments.

  Article 28 The principal punishments are as follows:

  (1) public surveillance;

  (2) criminal detention;

  (3) fixed-term imprisonment;

  (4) life imprisonment; and

  (5) the death penalty.

  Article 29 The supplementary punishments are as follows:

  (1) fines;

  (2) deprivation of political rights; and

  (3) confiscation of property.

  Supplementary punishments may be imposed independently.

  Article 30 Deportation may be imposed independently or supplementarily to a foreigner who commits a crime.

  Article 31 If a victim has suffered economic losses as a result of a crime, the criminal shall, in addition to receiving a criminal sanction according to law, be sentenced to make compensation for the economic losses in the light of the circumstances.

  Article 32 If the circumstances of a person's crime are minor and do not require punishment, be may be exempted from criminal sanctions; however, he may, according to the different circumstances of each case, be reprimanded or ordered to make a statement of repentance, offer an apology, pay compensation for the losses or be subject to administrative sanctions by the competent department.

  Section 2 Public Surveillance(1)

  Article 33 The term of public surveillance shall not be less than three months and not more than two years.

  Public surveillance shall be decided by the judgment of a people's court and executed by a public security organ.

  Article 34 A criminal who is sentenced to public surveillance must observe the following rules during the term in which his sentence is being executed:

  (1) observe laws and decrees, submit to supervision by the masses and actively participate in collective productive labour or work;

  (2) report regularly on his own activities to the organ executing the public surveillance; and

  (3) report and obtain approval from the organ executing the public surveillance for any change in residence or departure from the area.

  Criminals sentenced to public surveillance shall, while engaged in labour, receive equal pay for equal work.

  Article 35 Upon the expiration of a term of public surveillance, the executing organ shall immediately announce the termination of public surveillance to the criminal sentenced to public surveillance and to the masses Concerned.

  Article 36 A term of public surveillance shall be counted from the date the judgment begins to be executed; if the criminal is held in custody before the execution of the judgment, each day spent in custody shall be considered as two days of the term sentenced.

  Section 3 Criminal Detention

  Article 37 A term of criminal detention shall not be less than 15 days and not more than 6 months.

  Article 38 Where a criminal is sentenced to criminal detention, his sentence shall be executed by the public security organ in the vicinity.

  During the period of execution, a criminal sentenced to criminal detention may go bone for one to two days each month; an appropriate remuneration may be given to those who participate in labour.

  Article 39 A term of criminal detention shall be counted from the date the judgment begins to be executed; if the criminal is held in custody before the execution of the judgment, each day in custody shall be considered as one day of the term sentenced.

  Section 4 Fixed-Term Imprisonment and Life Imprisonment

  Article 40 A term of fixed-term imprisonment shall not be less than 6 months and not more than 15 years.

  Article 41 A criminal sentenced to fixed-term imprisonment or life imprisonment shall serve his sentence in prison or another place for reform through labour. Anyone who is able to work shall undergo reform through labour.

  Article 42 A term of fixed-term imprisonment shall be counted from the date the judgment begins to be executed; if the criminal is held in custody before the execution of the judgment, each day in custody shall be considered as one day of the term sentenced .

  Section 5 The Death Penalty

  Article 43 The death penalty shall only be applied to criminals who have committed the most heinous crimes. If the immediate execution of a criminal punishable by death is not deemed necessary, a two-year suspension of execution may be pronounced simultaneously with the imposition of the death sentence; the criminal shall undergo reform through labour and the results shall be observed.

  All death sentences except for those that according to law should be decided by the Supreme People's Court, shall be submitted to the Supreme People's Court for approval. Death sentences with a suspension of execution may be decided or approved by a higher people's court.

  Article 44 The death penalty shall not be imposed on persons who had not reached the age of 18 at the time the crime was committed or to women who are pregnant at the time of trial. Persons who had reached the age of 16 but not the age of 18 may be sentenced to death with a two-year suspension of execution if the crime committed was particularly serious.

  Article 45 The death penalty shall be executed by means of shooting.

  Article 46 If a person sentenced to death with a suspension of execution shows true repentance during the period of suspension, his punishment shall be commuted to life imprisonment upon the expiration of that two-year period; if he shows true repentance and performs meritorious service, his punishment shall be commuted to fixed-term imprisonment of not less than 15 years and not more than 20 years upon the expiration of that two-year period; if it is verified that be has resisted reform in a flagrant manner, the death penalty shall be executed upon the order or approval of the Supreme People's Court.

  Article 47 The term of suspension of execution of a death penalty shall be counted from the date the judgment becomes final. The term of a fixed-term imprisonment that is commuted from a death penalty with suspension of execution shall be counted from the date the commutation of sentence is ordered.

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