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1、Criminal Law of the Peoples Republic of China(Adopted at the Second Session of the Fifth National Peoples Congress on July 1, 1979; revised atthe Fifth Session of the Eighth National Peoples Congress on March 14, 1997 and promulgated byOrder No.83 of the President of the People s Republic of China o
2、n March 14, 1997)ContentsPart One General ProvisionsChapter I The Aim, Basic Principles and Scope of Application of the Criminal LawChapter II CrimesSection 1 Crimes and Criminal ResponsibilitySection 2 Preparation for a Crime, Criminal Attempt and Discontinuation of a CrimeSection 3 Joint CrimesSec
3、tion 4 Crimes Committed by a UnitChapter III PunishmentsSection 1 Types of PunishmentsSection 2 Public SurveillanceSection 3 Criminal DetentionSection 4 Fixed-term Imprisonment and Life ImprisonmentSection 5 The Death PenaltySection 6 FinesSection 7 Deprivation of Political RightsSection 8 Confiscat
4、ion of PropertyChapter IV The Concrete Application of PunishmentsSection 1 SentencingSection 2 RecidivistsSection 3 Voluntary Surrender and Meritorious PerformanceSection 4 Combined Punishment for Several CrimesSection 5 Suspension of SentenceSection 6 Commutation of PunishmentSection 7 ParoleSectio
5、n 8 LimitationChapter V Other ProvisionsPart Two Specific ProvisionsChapter I Crimes of Endangering National SecurityChapter II Crimes of Endangering Public SecurityChapter III Crimes of Disrupting the Order of the Socialist Market EconomySection 1 Crimes of Producing and Marketing Fake or Substanda
6、rd CommoditiesSection 2 Crimes of SmugglingSection 3 Crimes of Disrupting the Order of Administration of Companies and EnterprisesSection 4 Crimes of Disrupting the Order of Financial AdministrationSection 5 Crimes of Financial FraudSection 6 Crimes of Jeopardizing Administration of Tax CollectionSe
7、ction 7 Crimes of Infringing on Intellectual Property RightsSection 8 Crimes of Disrupting Market OrderChapter IV Crimes of Infringing upon Citizens Right of the Person and Democratic RightsChapter V Crimes of Property ViolationChapter VI Crimes of Obstructing the Administration of Public OrderSecti
8、on 1 Crimes of Disturbing Pubic OrderSection 2 Crimes of Impairing Judicial AdministrationSection 3 Crimes Against Control of National Border (Frontier)Section 4 Crimes Against Control of Cultural RelicsSection 5 Crimes of Impairing Public HealthSection 6 Crimes of Impairing the Protection of Enviro
9、nment and ResourcesSection 7 Crimes of Smuggling, Trafficking in, Transporting and Manufacturing Narcotic DrugsSection 8 Crimes of Organizing, Forcing, Luring, Sheltering or Procuring Other Persons to Engagein ProstitutionSection 9 Crimes of Producing, Selling, Disseminating Pornographic MaterialsCh
10、apter VII Crimes of Impairing the Interests of National DefenceChapter VIII Crimes of Embezzlement and BriberyChapter IX Crimes of Dereliction of DutyChapter X Crimes of Servicemens Transgression of DutiesChapter XI Supplementary ProvisionsPart One General ProvisionsChapter I The Aim, Basic Principl
11、es and Scope of Application of the Criminal LawArticle 1 In order to punish crimes and protect the people, this Law is enacted on the basis of theConstitution and in the light of the concrete experiences and actual circumstances in Chinas fightagainst crimes.Article 2 The aim of the Criminal Law of
12、the Peoples Republic of China is to use criminalpunishments to fight against all criminal acts in order to safeguard security of the State, to defendthe State power of the peoples democratic dictatorship and the socialist system, to protectproperty owned by the State, and property collectively owned
13、 by the working people and propertyprivately owned by citizens, to protect citizens rights of the person and their democratic and otherrights, to maintain public and economic order, and to ensure the smooth progress of socialistconstruction.Article 3 For acts that are explicitly defined as criminal
14、acts in law, the offenders shall be convictedand punished in accordance with law; otherwise, they shall not be convicted or punished.Article 4 The law shall be equally applied to anyone who commits a crime. No one shall have theprivilege of transcending the law.Article 5 The degree of punishment sha
15、ll be commensurate with the crime committed and thecriminal responsibility to be borne by the offender.Article 6 This Law shall be applicable to anyone who commits a crime within the territory andterritorial waters and space of the Peoples republic of China, except as otherwise specificallyprovided
16、by law.This Law shall also be applicable to anyone who commits a crime on board a ship or aircraft of thePeoples Republic of China.If a criminal act or its consequence takes place within the territory or territorial waters or space ofthe Peoples Republic of China, the crime shall be deemed to have been committed wi
