The judicial interpretation has adjusted 22 new crimes and will be implemented on June 6, 2008.
The relevant person in charge of the people's court introduced that the judicial interpretation of the "two highs" is to perform its functions according to the judicial interpretation power given by law. It is mainly to strictly regulate the judicial organs to uniformly determine the charges for specific criminal acts. The charges stipulated in judicial interpretation are determined according to the provisions of the criminal law amendment, which conforms to the basic principles of scientifically and accurately reflecting the essential characteristics of the stipulated criminal acts and being as concise as possible.
Supplementary judicial interpretation 14 new charges. Some of these new crimes have been strongly reflected by the society in recent years, such as the crime of forcing illegal and risky operations, the crime of failing to report or lying about safety accidents, and the crime of organizing disabled people and children to beg. There are also some new forms of crime in economic life, such as false bankruptcy crime, breach of trust and damage to the interests of listed companies and so on. This judicial interpretation clarified the charges on the basis of the corresponding revision of the criminal law.
At the same time, according to the amendments to the Criminal Law, eight crimes previously identified were revised or adjusted and restated, including the cancellation of the original "bribery of company and enterprise personnel" and the revision to "bribery of non-state staff"; The original "crime of bribery of company and enterprise personnel" was cancelled and changed to "crime of bribery of non-state staff". According to the Sixth Amendment of the Criminal Law passed in June 2006, the subject of commercial bribery crime has been expanded from the original "staff of companies and enterprises" to "staff of other units", including staff of non-state-owned companies, enterprises, institutions or other organizations. In this way, the provisions of China's criminal law on the crime of accepting bribes include state employees and non-state employees, covering all kinds of natural persons, and the legal provisions are stricter.
New and adjusted costs
Judicial interpretation supplemented and confirmed 14 new crimes, including: the crime of forcing illegal and risky operations, the crime of major safety accidents in large-scale mass activities, the crime of failing to report or falsely reporting safety accidents, the crime of false bankruptcy, the crime of infringing on the interests of listed companies, the crime of defrauding loans, bill acceptance and financial bills, the crime of obstructing credit card management, the crime of stealing, buying, illegally providing credit card information, the crime of using entrusted property in violation of trust, and the crime of illegally using funds.
Eight crimes were adjusted, including the crimes of illegal disclosure and non-disclosure of important information, and the crime of providing false accounting reports was abolished; Increase the crime of accepting bribes by non-state staff and cancel the crime of accepting bribes by company and enterprise personnel; Adding the crime of bribing non-state staff and canceling the crime of bribing company and enterprise personnel; Add the crime of manipulating the securities and futures market and cancel the crime of manipulating the trading price of securities and futures; Add the crime of illegally issuing loans and cancel the crime of illegally issuing loans to related parties; Increase the crime of absorbing customers' funds without recording them, and cancel the crime of illegal lending and issuing loans with customers' funds outside the account; Add the crime of illegally issuing financial tickets and cancel the crime of illegally issuing financial tickets; The crime of concealing and concealing the crime has been increased, and the crime of harboring, transferring, purchasing and selling stolen goods has been abolished.
Issuing Authority: People's Court and People's Procuratorate
Document number: Fa Shi [2007] 16
Release date: 2007- 10-25
Implementation date: 2007- 10-25
(Adopted at the1436th meeting of the Judicial Committee of the People's Court on August 27th, 2007 and the 82nd meeting of the Procuratorial Committee of the People's Procuratorate on September 7th, 2007)
People's Republic of China (PRC) people's court
People's Republic of China (PRC) People's Procuratorate
public notice
The Supplementary Provisions of the People's Courts and People's Procuratorates on the Execution of Crimes Determined in the Criminal Law of People's Republic of China (PRC) (III) was adopted at the1436th meeting of the Judicial Committee of the People's Court and the 82nd meeting of the Procuratorial Committee of the People's Procuratorate on August 27th, 2007. It is hereby promulgated and shall come into force as of June 5438+065438.
Press release issued on 25 October 2007/KLOC-0.
According to the provisions of the Criminal Law Amendment (V) of People's Republic of China (PRC) (hereinafter referred to as the Criminal Law Amendment (V) and the Criminal Law Amendment (VI) of People's Republic of China (PRC) (hereinafter referred to as the Criminal Law Amendment (VI)), it is now determined that the people's court has adopted the crime of implementing the Criminal Law of People's Republic of China (PRC).
Names of Crimes in Criminal Law Provisions
Paragraph 2 of Article 134 (Paragraph 2 of Article 1 of Criminal Law Amendment (VI)) compels illegal and risky operations.
Article 135 (Article 3 of the Criminal Law Amendment (VI)) Crime of major safety accidents in large-scale mass activities.
Article 139 (Article 4 of Criminal Law Amendment (VI)) Crime of failing to report or making a false report on safety accidents.
Article 16 1 (Article 5 of Criminal Law Amendment (VI)) Crime of disclosing or not disclosing important information in violation of regulations (crime of canceling providing false accounting reports)
Article 162 bis (Article 6 of Criminal Law Amendment (VI)) False Bankruptcy Crime
Article 163 (Article 7 of the Criminal Law Amendment (VI)) Crime of accepting bribes by non-state staff (the crime of accepting bribes by company and enterprise staff is abolished)
Article 164 (Article 8 of the Criminal Law Amendment (VI)) Crime of Bribery by Non-State Staff (The crime of bribing employees of companies and enterprises is abolished)
Article 169- 1 (Article 9 of the Criminal Law Amendment (VI)) Crime of breach of trust to damage the interests of listed companies.
Article 175 (Article 10 of Criminal Law Amendment (VI)) Crime of defrauding loans, bill acceptance and financial bills.
Clause 177- 1 (Clause 1 of Criminal Law Amendment (V)) commits the crime of obstructing credit card management.
Article 177- 1 Paragraph 2 (Article 1 Paragraph 2 of Criminal Law Amendment (V)) Crime of stealing, buying or illegally providing credit card information.
Article 182 (Article 1 1 of the Sixth Amendment to the Criminal Law) Crime of manipulating the securities and futures market (the crime of manipulating the trading price of securities and futures was abolished)
Article 185- 1 (Article 1 2 of the Criminal Law Amendment (VI)): Crime of using entrusted property in violation of trust.
The second paragraph of Article 185- 1 (the second paragraph of Article 12 of Criminal Law Amendment (VI)) is the crime of illegal use of funds.
Article 186 (Article 13 of Criminal Law Amendment (VI)) Crime of illegally issuing loans (the crime of illegally issuing loans to related parties is abolished)
Article 187 (Article 14 of the Criminal Law Amendment (VI)) Crime of absorbing clients' funds and not recording them (Crime of canceling illegal lending of clients' funds outside the account)
Article 188 (Article 15 of the Criminal Law Amendment (VI)) Crime of Illegal Issuance of Financial Tickets (Cancel the Crime of Illegal Issuance of Financial Tickets)
Article 262- 1 (Article 6 of the Criminal Law Amendment 17) organizes the crime of begging for the disabled and children.
Paragraph 2 of Article 303 (Paragraph 2 of Article 18 of Criminal Law Amendment (VI)) creates the crime of *.
Article 3 12 (Article 19 of the Criminal Law Amendment (VI)) Covers up and conceals the crime (abolishes the crime of harboring, transferring, purchasing and selling stolen goods).
Paragraph 2 of Article 369 (Paragraph 2 of Article 3 of the Criminal Law Amendment (5)) Crime of negligent destruction of weapons and equipment, military facilities and military communications.
Article 399- 1 (Article 20 of Criminal Law Amendment (VI)) Arbitration for the crime of bending the law.