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Expanded interpretation of criminal law

Expanded interpretation, also known as expanded interpretation, refers to interpreting criminal law norms in a logical and appropriate manner that is greater than their literal meaning in accordance with the spirit or original intention of legislation. Common expanded interpretations in criminal law include the following:

1. Interpret "financial institutions" to include cash transport vehicles and ATMs in use; 2. In the crime of abandonment, "bearing the responsibility to support" Persons with "obligations" are interpreted to include both family members and other persons with support obligations; 3. The "financial" in the crime of robbery is interpreted to include property interests; 4. "Robbery with a weapon to rob" The "weapon" in the crime of "criminal punishment" is interpreted to include the murder weapon (such as sticks, bricks, kitchen knives); 5. The "credit card" in the crime of credit card fraud is interpreted to include debit cards; 6. The crime of smuggling ammunition is interpreted The "ammunition" in the crime of organizing prostitution is interpreted to include bullet casings; 7. The "prostitution" in the crime of organizing prostitution is interpreted to include the provision of sexual services by men to unspecified women; 8. The "letters" in the crime of undermining freedom of communication are interpreted to mean Including emails; 9. Interpret "car" in the crime of destroying means of transportation to include large tractors; 10. Interpret "marriage" in the crime of bigamy to include de facto marriage; 11. Interpret "corpse" in the crime of insulting a corpse ”, explained as containing ashes.

1. Divide the age of criminal responsibility into four stages:

1. A person who has reached the age of 16 shall bear criminal responsibility if he commits a crime;

2 , A person who has reached the age of fourteen and under the age of sixteen who commits the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, or placing dangerous substances shall bear criminal responsibility;

3. If a person who is over 12 years old but under 14 years old commits the crime of intentional homicide or intentional injury, causing death or causing serious injury or severe disability by particularly cruel means, and the circumstances are serious, he shall be prosecuted with the approval of the Supreme People's Procuratorate. , shall bear criminal responsibility.

4. Persons under the age of twelve are not criminally responsible.

2. How to assume criminal liability

1. Conviction and sentencing;

2. Conviction and exemption from punishment;

3. Elimination Processing method;

4. Transfer processing method.

Legal basis: "Criminal Law of the People's Republic of China"

Article 1: In order to punish crimes and protect the people, in accordance with the Constitution and in combination with our country's specific experience in fighting crime and According to the actual situation, this law shall be enacted.

Article 2 The mission of the People’s Republic of China and the criminal law of the country is to use punishment to combat all criminal acts in order to safeguard national security, defend the power of the people’s democratic dictatorship and the socialist system, and protect state-owned property and the property collectively owned by the working people, protect the privately owned property of citizens, protect the personal rights, democratic rights and other rights of citizens, maintain social order and economic order, and ensure the smooth progress of socialist construction.

Article 3 If the law expressly stipulates that the act is a crime, it shall be convicted and punished in accordance with the law; if the law does not expressly stipulate that the act is a crime, it shall not be convicted and punished.