1, it is illegal to not study hard.
the education law of the People’s Republic of China,
forty-fourth, the educator shall perform the following obligations:
… (three) study hard and complete the prescribed learning tasks;
2, not planting trees is also illegal.
resolution of the National People’s Congress on launching the universal voluntary tree planting campaign,
where the conditions are available, the citizens of People’s Republic of China who are 11 years old, in addition to the elderly and the disabled, are responsible for planting three to five trees per year, or completing the tasks of nursery, nursing and other afforestation for the corresponding amount of labor.
3, exceeding the standard electric vehicle in the administrative law is “motor vehicle”, in the criminal law is not “motor vehicle”.
The administrative law of
believes that the motor vehicle and non motor vehicle are the other or the other. The super standard electric vehicle does not conform to the technical specification of “non motor vehicle”, so it is a motor vehicle.
The criminal law of
believes that the scope of motor vehicles must have a clear legal principle (the principle of legality), and there is no clear law that the electric vehicle is a motor vehicle, so it is not a motor vehicle. As for what it is, the criminal law says I don’t care.
therefore, drunk driving exceeds the standard electric vehicle, which does not constitute a crime of dangerous driving.
(but some grassroots do not pay attention to this difference, so there is still a guilty verdict in this case)
(p > 4) Male prostitution can also establish crimes involving prostitution, such as the crime of organizing prostitution, the crime of inducing, detaining and introducing prostitution, etc.
5 and prostitution are also different definitions of administrative law and criminal law.
in the criminal law, the current definition of the scope of “prostitution” is intercourse and similar intercourse, which includes the sexual behavior of the three parts of the genitals, the mouth and the anus. It does not include other parts.
, the scope of “prostitution” is far more extensive, including hand, foot and other marginal behaviors.
However, in the case of sexual assault, only female genital sex is forcibly committed is the crime of rape, and the basic legal penalty is 3-10 years.
The mandatory sexual acts against men and other mandatory sexual acts against women are compulsory indecent offences and the basic legal penalty is less than five years.
7, marital rape is not a crime of rape, but in general cases, the evidence is not enough to prove that it is rape. This is not a question of law, but of evidence.
in marital rape, “marital relationship” is a presumption of innocence enough to deny the woman’s innocence evidence. Because of the existence of marriage, the general “compulsion” evidence is not enough to identify the woman’s involuntary.
but in special circumstances, for example, the coercion is strong enough to deny the presumption of the marriage, or the marital status of both sides has already appeared (for example, a divorce), and marital rape can also be identified as rape.
The most common defense in
8 and rape is “I and she are boyfriend and girlfriend”, followed by “I and she are sexual transactions”.
9, about the scale of crime from small to large, the concept of criminal law is roughly the same:
< p > Personal Crime – Joint Crime – Criminal Gangs – Criminal Forces – Criminal Groups – Mafia – Terrorist Organizations
10, our country was sentenced to death penalty in the first five charges, the crime of smuggling and trafficking in transporting drugs, the crime of intentional homicide, the crime of kidnapping, the crime of intentional injury and the crime of robbery.
(because the number of death penalty is confidential, so this ranking is not divided)
11, in the past, there were five counts of death penalty, that is, their sentencing only had the option of “death penalty”:
- the crime of corruption and bribery, the amount involved more than 100 thousand yuan, and the plot is particularly serious
- hijacking aircraft crime, causing serious injury, death or serious damage to the aircraft, the
- riot escape crime, the crime of armed prison, the plot is especially serious
- kidnapping for women and children, the plot is especially serious < / Li>
- kidnapping, death or tear vote for
, the most capital punishment is kidnapping. As a result, the nine amendment of the criminal law abolished its death and changed it to “life imprisonment or death penalty”.
The four most deadly crimes of
are the crime of abducting and selling women and children.
12, killings are really going to be paid for. And the principle of treatment is basically a life.
In the practice of
, the basis of the crime of intentional homicide is the death penalty, and then the specific sentencing plot is considered at this starting point.
similarly, the usual habitual practice was that several of the victims died, and several defendants were sentenced to death.
13, people under 14 years of age and criminal patients without criminal responsibility are equally liable for criminal responsibility.
< p > homicides committed by persons under the age of 14 should be sent to work-study schools for hospitalization and rehabilitation, and psychiatric patients without criminal responsibility should be admitted to Ankang Hospital for compulsory medical treatment. Since China’s criminal law does not have a clear “security sanction system” (other measures to prevent crimes other than penalties), early scholars believe that these security measures are also a “criminal responsibility”.
< p > later began to believe that this was an administrative responsibility (because it was implemented by the government), and quoted foreign concepts, separately divided into “security measures”.
2012, the Criminal Procedure Law added the compulsory medical procedure for the mental patients, the next step was to discuss the procedure of the rearing of the minors to be written in the criminal procedure law. So the academic circle also suggested that the security measures should be incorporated into the “criminal responsibility” as a special “criminal responsibility”.
14 and private prosecution cases, the highest rate of prosecution is the crime of insulting, because the most easily cited evidence.
15, the most insulting act in setting up insults is throwing urine.
Some concepts in
16 and criminal law are similar but different in scope.
, such as “housing” and “household”, has no difference to the average family, but “housing” focuses on “residence”, which can include student dormitories, workers’ dormitories, and “households”, which focus on “private”, not including dormitories.
similarly, the scope of “lethal weapons” and “weapons” is relatively vague. Weapons generally do not include stones and bricks everywhere in life, but “weapons” can be included.
17, the crime of intentional injury, many people know that to cause “minor injury” to establish a crime.
However, the criterion of “minor injury and conviction” does not exist in any valid legal document, but in academic viewpoints and practical practices.
18 and in the early implementation of the 1997 criminal law, in addition to a few criminal provisions or the legislative interpretation of the Standing Committee of the National People’s Congress, the standard of incrimination for the vast majority of the crimes was made clear by the Supreme People’s court alone to formulate judicial interpretations. In addition to the charges or affairs with political colors, there are few two common judicial issues. The explanation. So in some early cases, the public security filed a case, the procuratorate arrested and prosecuted, to the court where the court said that did not meet the standard of conviction, to be innocent.
later the highest inspection and the Ministry of public security in 2008 separately formulated the “provisions for the prosecution of criminal cases on the jurisdiction of the public security organs (1)”, and then in 2010 set up the “prosecution standard (two)”, in 2012 (three).
later, after 2010, many judicial interpretations became the supreme law and Supreme Procuratorate.
19 and 1979 Criminal Law do not have any special accusation. The specific provisions of the crime are to be used to describe what crime is, and it depends entirely on habits.
There are no specific charges in the criminal law of
20 or 1997 either. The accusations we are using are the supreme law and the judicial interpretation.
21, then the question arises. How many crimes do we have in the 1997 criminal law?
The supreme law of
says 413 charges.
says 414 charges.
The contradiction between
and the 397th criminal law is second. The supreme law thinks this is a special plot of crime of abuse of power and negligence of duty, which is considered as a separate new charge: the crime of malpractice for the state’s staff.
P > It was not until 2002 that the two families reunified the contradiction and abolished what the Supreme Inspection originally believed was the crime of malpractice for personal gain by staff of state organs.
finally, the three problem we usually use to distinguish friendly and hostile forces is:
- what legal provisions do juveniles under 14 years of age do not bear criminal responsibility?
- which rape the rape of a young girl and the crime of whoring a young girl? Which penalty is heavier? Is there any death penalty for
- abduction of women and children?
others don’t bother to think again.