Prey on wild animals
Legal guidance: Paragraph 3 of Article 341 of the Criminal Law: "Whoever illegally hunts, buys, transports or sells terrestrial wild animals that naturally grow and breed in the wild environment for the purpose of eating in violation of the regulations on wildlife protection and management, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph."
Indiscriminate raising of foreign pets
According to the relevant provisions of the Criminal Law Amendment (11), introducing, releasing and discarding alien species at will will be suspected of committing a crime. Legal guidance: Article 344 of the Criminal Law: "Whoever illegally introduces, releases or discards alien invasive species in violation of state regulations, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined."
In connection with the Biosafety Law, the Criminal Law Amendment (XI) added three criminal acts: the crime of illegally editing human genes and cloning embryos; Crimes that seriously endanger the safety of human genetic resources in the country; Crime of illegal disposal of alien invasive species, etc.
Interfere with the driver's driving
In recent years, grabbing the driver's steering wheel, insulting and beating the driver to interfere with driving have occurred from time to time, which has caused great harm to the public's life safety and the personal safety of others, and has become a public safety problem that cannot be ignored.
Legal guidance: Article 133bis of the Criminal Law: "Whoever uses violence or seizes the driving control device of a driving public transport to interfere with the normal operation of public transport and endanger the safety of public transport shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or control, and shall also, or shall only, be fined."
In recent years, some behaviors that hinder safe driving, such as grabbing the steering wheel on public transport, beating the driver, illegally operating or absent without leave after a dispute between the driver and passengers, fighting with passengers, etc. Occurring from time to time, it seriously threatens road traffic safety, and some cause heavy casualties and property losses, which has become a public safety problem that cannot be ignored.
Team up for overseas gambling
The revision of the criminal law clarified the new crime of organizing overseas gambling. Legal Guidance: Paragraph 3 of Article 303 of the Criminal Law: "Whoever organizes China citizens to participate in gambling outside the country (territory), if the amount is huge or there are other serious circumstances, shall be punished in accordance with the provisions of the preceding paragraph."
Spoof heroic martyrs
In recent years, there have been posts and messages insulting and slandering heroic martyrs on the Internet from time to time, which have caused great mental pain and psychological trauma to the relatives of heroic martyrs, hurt the national and historical feelings of the public and harmed the interests of the public. This revision of the criminal law clearly makes insulting and slandering heroic martyrs a crime. Legal guidance: Article 299-1 of the Criminal Law: "Whoever insults, slanders or otherwise infringes on the reputation and honor of heroic martyrs and harms the public interests, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights."
Throw an object from a height
Parabolic phenomenon at high altitude was once called "the pain hanging over the city", which will bring great social harm. The criminal law was revised this time, and the uncivilized behavior of throwing objects at high altitude was punished.
Legal guidance: Paragraph 1 of Article 291 bis of the Criminal Law: "If the circumstances are serious, whoever throws an object from a building or other height shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and shall also or only be fined."
In practice, high-altitude parabolic acts that have not caused serious consequences are mostly handled by civil means, and only high-altitude parabolic acts that cause serious injuries or deaths of victims will be investigated for criminal responsibility. The amendment of criminal law criminalizing high-altitude parabolic behavior has released the signal of severely punishing high-altitude parabolic behavior. Parabolic imprisonment at high altitude makes the responsible person pay a higher legal price, and at the same time releases the warning function of the law to a greater extent, forcing people to be self-vigilant, self-disciplined and self-controlled.
Usury
In recent years, the state has intensified its supervision and crackdown on usury. The first is to issue a document to severely punish the crime of routine loan. Later, two universities issued the Opinions on Handling Criminal Cases of Illegal Lending, which directly defined usury as the crime of illegal business operation.
Legal guidance: Article 293 of the Criminal Law: "Whoever illegally collects high-interest loans under any of the following circumstances, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined:" (1) Using violence or coercion; (2) restricting the personal freedom of others or intruding into others' houses; (3) Threatening, stalking or harassing others. "
In recent years, routine loans and usury in the financial sector have emerged one after another. In order to combat this public hazard, the state has continuously increased its supervision and crackdown on usury. 2065438+April 2009, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice jointly issued the Opinions on Handling Criminal Cases of Routine Loan, which convicted and punished "Routine Loan" for the purpose of fabricating facts, concealing the truth and illegally possessing it. Later, the Ministry of Education and institutions of higher learning issued Opinions on Handling Criminal Cases of Illegal Lending, which directly defined usury as the crime of illegal business operation. This revision of the criminal law not only punishes the acts of using violence and coercion to collect debts, restricting others' personal freedom or invading others' houses, but also punishes the illegal debt collection acts such as "soft violence" stalking and harassing high-interest loans, further intensifying the crackdown on this behavior and safeguarding the legitimate rights and interests of citizens.
Replace someone else's position with someone else's name.
This revision of the criminal law clearly criminalizes acts such as impersonation and employment introduction.
Legal Guidance: Paragraphs 1 and 2 of Article 280 bis of the Criminal Law: "Whoever steals or uses another person's identity to replace another person's higher academic qualifications, civil service qualifications and job placement qualifications shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined. Whoever organizes or instructs others to commit the acts mentioned in the preceding paragraph shall be given a heavier punishment in accordance with the provisions of the preceding paragraph. "
The problem of punishing school impersonation has long been a hot topic in social discussion. From "guanxian Chen Chunxiu was an impostor" to "Jining Gou Jing was an impostor", all these newly exposed events are filled with the shadow of violating discipline and law. Although the responsible person was dealt with by the party discipline and even transferred to the judicial organs afterwards, it still aroused strong public anxiety. How to increase punishment and curb chaos has become a top priority. In June, 2020, when the 11th draft of the Criminal Law Amendment was submitted to the 20th meeting of the 13th the National People's Congress Standing Committee (NPCSC) for deliberation, in view of the problem of "going to school as an impostor" that aroused social concern, members of the National People's Congress Standing Committee (NPCSC) generally suggested that the corresponding crimes should be included in the Criminal Law Amendment to improve the sentencing standards.
Sexual assault on underage adopted daughters
In 2020, Bao Moumou's sexual assault on underage "adopted daughter" caused widespread concern, and this serious violation of the bottom line of social ethics aroused strong concern in society. The act of having sex with a young girl under the age of 14 has been clearly defined as rape by the criminal law. In response to social concerns, this revision of the Criminal Law criminalizes sexual relations with adopted daughters aged from 14 to 16, filling the legal gap.
Legal guidance: Paragraph 1 of Article 236-1 of the Criminal Law: "Those who have special duties such as guardianship, adoption, nursing, education, medical treatment, etc. for underage women who have reached the age of 14 but are under the age of 16 shall be sentenced to fixed-term imprisonment of not more than three years; If the circumstances are bad, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. "
Importing and selling foreign drugs without approval
Previously, the newly revised Drug Administration Law of People's Republic of China (PRC) (20 19, 12, 1 came into effect) redefined what is counterfeit and inferior drugs, and imported domestic unapproved overseas legal new drugs were no longer treated as counterfeit drugs.
The Criminal Law Amendment (11) added a new charge, explicitly criminalizing the unauthorized import and sale of foreign drugs, but at the same time, it also set a prerequisite of "enough to endanger human health".
Legal guidance: Paragraph 1 of Article 142-1 of the Criminal Law: "Whoever violates the drug administration regulations and has one of the following circumstances, which is enough to seriously endanger human health, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.