First, prisoners who participated in the People's Liberation Wars of War of Resistance against Japanese Aggression and China in China. The purpose of granting amnesty to such criminals is to highlight the theme of commemorating the 70th anniversary of the victory of the Chinese people's War of Resistance against Japanese Aggression and the world anti-fascist war, and to reflect the historical significance of this amnesty.
Second, after the founding of People's Republic of China (PRC), criminals who participated in foreign wars to defend the country, security and territorial integrity, except those who committed several crimes and were punished together. Prisoners who meet the above conditions have made contributions to safeguarding national security and territorial integrity and are in line with the purpose of this Amnesty. The draft stipulates that the above-mentioned principal offenders and recidivists who commit corruption and bribery crimes, serious violent crimes that endanger people's safety, crimes that endanger national security and organized crimes involving terrorist gangs will not be pardoned.
Third, criminals who are over 75 years old, severely disabled and unable to take care of themselves. Pardoning such personnel conforms to the historical tradition of China and the internationally recognized principle of humanitarian pardon. China's criminal legislation and judicial practice embody the spirit of light punishment for crimes committed by the elderly over 75 years old.
Fourth, criminals who were under the age of 18 at the time of committing the crime and were sentenced to fixed-term imprisonment of less than three years or the remaining sentence was less than one year, except criminals who committed several crimes and were punished together. Amnesty for such criminals embodies the spirit that criminal law focuses on juvenile delinquency education, supplemented by punishment, and can achieve the purpose of combining punishment with education in criminal law. At the same time, considering the people's sense of security, criminals who commit serious violent crimes such as intentional homicide, terrorist activities and drug trafficking are not granted Amnesty.
Of course, there is also a * * * condition, that is, these four types of criminals have been reformed, and there is no longer personal danger, and the people's sense of security will not be reduced by pardoning these criminals.
Question 2: What do the three types of crimes mean? Three types of crimes refer to three types of criminal acts: serious violent crimes, stakeholder-type economic crimes and multiple crimes against property.
Question 3: Which five types of criminal cases refer to the five types of criminal cases that are mainly cracked down:
Focus on cracking down on serious violent crimes; Organized crime, theft, robbery and plunder and other crimes against property rights; Focus on cracking down on serious economic crimes related to national economic security, such as finance, taxation, securities and futures; Focus on cracking down on gambling, drugs and crimes committed by using the Internet; Focus on punishing intellectual property crimes.
Thank you for your adoption!
Question 4: What are the eight criminal offences of intentional injury (causing serious injury or death), intentional homicide, * * *, robbery, poisoning (throwing dangerous substances), arson, explosion and drug trafficking?
Question 5: How to distinguish whether a criminal act is an administrative act or a criminal act? I'm too tired to type, so I'll just copy it for you. Take a look!
First, the applicable premise of penalty is different. To impose administrative penalties on citizens, legal persons or other organizations who violate national laws and regulations and do not constitute a crime, and shall bear administrative responsibilities according to law; And criminal punishment is to punish criminal acts that violate the provisions of the criminal law.
Second, the basis for applying punishment is different. The basis for applying administrative punishment is laws, administrative regulations, local regulations and laws and regulations; The applicable basis of criminal punishment can only be the law, that is, the criminal code. This is because the provisions of the criminal law are the exclusive legislative power of the state, and administrative regulations, local regulations and rules have no right to stipulate criminal penalties.
Third, the punishment enforcement agencies are different. Administrative punishment belongs to the category of administrative management in China, so the main body of implementation is the administrative organ. Criminal punishment belongs to the jurisdiction of the state and can only be executed by the court.
Fourth, the types of punishment are different. According to the provisions of China's criminal law, punishment includes two parts: principal punishment and supplementary punishment.
The main punishments are: public surveillance, criminal detention, fixed-term imprisonment, life imprisonment and death penalty; Additional punishments include: fines, deprivation of political rights and confiscation of property; There is also the expulsion of criminals. Mainly personal punishment and property punishment, but the main body is personal punishment. Administrative punishment includes: warning, fine, order to stop production and business, temporary suspension or revocation of license, temporary suspension or revocation of license, confiscation of illegal property, confiscation of illegal income, administrative detention, etc. Although it includes personal punishment, property punishment, applicable punishment and behavioral punishment, personal punishment is only a small part of it, and the personal punishment stipulated in administrative punishment is much lighter than criminal punishment.
Fifth, the subjective state of the actor has different effects on taking responsibility. In criminal punishment, the subjective intention or negligence of the actor has a great influence on his criminal responsibility, which is an important factor in judging crime and non-crime, and this crime and that crime.
But in the process of administrative punishment, the subjective intention and negligence of the actor are not so important. As long as there is subjective fault, that is, there is subjective intention or negligence, which objectively commits illegal acts and violates the administrative order, administrative punishment can be imposed on them. But there is no need to study whether this illegal act is intentional or negligent.
Sixth, the role of punishment is different. Although both administrative punishment and criminal punishment have dual punishment and education for offenders, the emphasis is different. Administrative punishment is a punishment for offenders who violate the administrative order of the state and do not constitute a crime. It focuses on correcting illegal acts, and punishment is only a way of education. As long as the purpose of correcting illegal acts is achieved, the role of administrative punishment is achieved. Criminal punishment is aimed at criminals who seriously endanger society, so more attention is paid to cracking down on illegal and criminal activities. Punishing criminals is the main function of punishment. Of course, the process of sanctions also includes the education of offenders. For illegal and criminal acts, we should not only stop and correct them, but also let criminals get the sanctions they deserve.
The above views are very formal. I have a simple point here. Although it is not accurate, it is generally criminal who goes to prison and administrative who goes to detention center (just a comparison between the two). Hope to adopt!
Question 6: What is the degree and level of punishment? The degree of punishment refers to the degree of punishment for crimes by various punishments. There are two ways of punishment, one is deprivation of life, and the other is deprivation of freedom to varying degrees. Therefore, in the penalty of freedom, the severity of punishment and the term of imprisonment have the same meaning and can be replaced with each other. The level of punishment refers to the types of punishment, such as fine, public surveillance, criminal detention, fixed term, indefinite, suspended death and death penalty.
Term of imprisonment, the time limit for the execution of the penalty of deprivation of liberty or deprivation of political rights announced by the court judgment. If a criminal is sentenced to five years in prison and deprived of political rights for one year, these five years and one year are fixed-term imprisonment. The length of a sentence shall be determined according to the facts, nature, circumstances and the degree of harm to society of the crime.
The criminal law of China stipulates the types and execution methods of punishment:
Article 32 Penalties are divided into principal punishments and supplementary punishments.
Article 33 The types of principal punishments are as follows:
(1) control;
(2) criminal detention;
(3) Fixed-term imprisonment;
(4) life imprisonment;
(5) the death penalty.
Article 34 The types of supplementary punishment are as follows:
(1) a fine;
(2) deprivation of political rights;
(3) confiscation of property.
Additional punishment can also be applied independently.
Question 7: How to distinguish whether a criminal act is an administrative act or a criminal act? Illegal crime is a criminal case, and violation of discipline is an administrative event.
Question 8: Thirteen types of criminal cases include all acts endangering the state, territorial integrity and security, acts of splitting the state, acts of subverting the people's democratic dictatorship, acts of overthrowing the socialist system, acts of disrupting social and economic order, acts of infringing on state-owned property or property collectively owned by working people, acts of infringing on citizens' personal rights, citizens' interests and other rights, and other acts endangering society. Are crimes that should be punished according to law.
Question 9: What kind of punishment does fixed-term imprisonment belong to? The principal punishment is 50 points
Question 10: What kinds of penalties are stipulated in China's criminal law? There are two kinds of punishments stipulated in criminal law: principal punishment and supplementary punishment.
Principal punishment is the main punishment independently applicable to criminals, including:
1, control and control criminals, but control and supervise their labor production, work and other activities, the people's court sentenced them according to law, and the public security organs executed the punishment according to law.
2, criminal detention, criminal detention is a short-term deprivation of personal freedom of criminals, and forced labor reform nearby.
3. fixed-term imprisonment. Fixed-term imprisonment is a penalty method of depriving criminals of their personal freedom for a certain period of time and implementing compulsory labor reform;
4, life imprisonment, life imprisonment is a penalty method of depriving criminals of their freedom of life and implementing compulsory labor reform;
5, the death penalty, the death penalty is a punishment method of depriving criminals of their lives.
Supplementary punishment can be applied in combination with the principal punishment or independently. Supplementary punishment mainly includes fines, deprivation of political rights and confiscation of property.
Fines are mainly applicable to seeking money or property-related crimes. Deprivation of political rights is a penalty method to deprive criminals of the right to participate in state management and political activities. When applied independently, it belongs to a lighter punishment that does not deprive personal freedom. When it is applied additionally, it is applicable to heavier criminal acts. Confiscation of property is mainly applicable to crimes endangering national security and serious economic crimes.