2018-12-22 11:38:58
Interpretation by the Standing Committee of the National People's Congress Regarding the First Paragraph of Article 294 of the Criminal Law of the People's Republic of China
(Adopted at the 27th Meeting of the Standing Committee of the Ninth National People's Congress on April 28, 2002)
Having discussed the implication of "organizations in the nature of criminal syndicate" prescribed in the first paragraph of Article 294 of the Criminal Law, the Standing Committee of the National People's Congress gives the interpretation as follows:
"Organizations in the nature of criminal syndicate" prescribed in the first paragraph of Article 294 of the Criminal Law shall, at the same time, possess the following characteristics:
(1) the criminal organization is relatively stable, with a relatively large number of members, definite organizers or leaders, and basically fixed backbone members;
(2) it gains economic interests through organized illegally acts, criminal acts or other means, with a certain amount of economic strength to support its activities;
(3) it has committed organized illegal and criminal acts on many occasions through violence, threat or other means, perpetrating outrages, riding roughshod over or cruelly injuring or killing people; and
(4) through committing illegal and criminal acts, or taking advantage of protection and connivance by State functionaries, it plays the bully over an area, exercising illegal control and wielding illegal enormous influence over a certain area or trade, thus seriously disrupting the economic order and people's daily activities.
This Interpretation is hereby announced.
Interpretation by the Standing Committee of the National People's Congress Regarding the Provisions of the Criminal Law of the PRC on Culture Relics that are Applicable to the Fossils of Paleovertebrates and Paleoanthropoids of Scientific Value
(Adopted at the 19th Meeting of the Standing Committee of the Tenth National People¡¯s Congress on December 29, 2005)
In light of what is encountered in judicial practice, the Standing Committee of the National People¡¯s Congress has discussed the question of the applicability of the relevant provisions of the Criminal Law to smuggling, stealing, destroying, selling or illegally transferring of the fossils of paleovertebrates and paleoanthropoids of scientific value and gives the interpretation as follows:
The provisions of the Criminal Law on culture relics are applicable to the fossils of paleovertebrates and paleoanthropoids of scientific value.
This Interpretation is hereby announced.
Interpretation by the Standing Committee of the National People's Congress Regarding the Second Paragraph of Article 93 of the Criminal Law of the People's Republic of China
(Adopted at the 15th Meeting of the Standing Committee of the Ninth National People's Congress on April 29, 2000)
When the Standing Committee of the National People's Congress discussed whether members of a villagers committee or of other rural organizations at the grassroots level engaging in certain work may be regarded as "the other persons who perform public service according to law" as provided for in the second paragraph of Article 93 of the Criminal Law, it made the following explanations:
The members of the a villagers committee or of other rural organizations at the grassroots level who are engaged in the following administrative work shall be regarded as "the other persons who perform public service according to law" as provided for in the second paragraph of Article 93 of the Criminal Law:
(1) administration of funds or materials allocated for disaster relief, emergency rescue, flood prevention and control, special care for disabled servicemen and the families of revolutionary martyrs and servicemen, aid to the poor, migration and social relief;
(2) administration of funds or materials donated for public welfare;
(3) management and administration of State-owned land;
(4) administration of compensation for requisitioned land;
(5) withholding and tax payment affairs;
(6) administration of birth control, household register and conscription; and
(7) assisting the people's governments in such other administrative work.
When the members of a villagers committee or of other rural organizations at the grassroots level perform the public service provided in the preceding paragraph, if they illegally take possession of public property, misappropriate public funds, extort money or property from another person or illegally accept another person's money or property and thus committed a crime, they shall be punished according to the provisions of Articles 382 and 383 on the crime of embezzlement, provisions of Article 384 on the crime of misappropriating public funds, and provisions of Articles 385 and 386 on the crime of accepting bribes in the Criminal Law.
This Interpretation is hereby announced.
Interpretation by the Standing Committee of the National People's congress Regarding the First Paragraph of Article 384 of the Criminal Law of the People's Republic of China
(Adopted at the 27th Meeting of the Standing Committee of the Ninth National People's Congress on April 28, 2002)
Having discussed the implication of a State functionary who, taking advantage of his position, misappropriates public funds "for his own use" as prescribed in the first paragraph of Article 384 of the Criminal Law, the Standing Committee of National People's Congress gives the interpretation as follows:
Whoever is found to be in any of the following circumstances shall be deemed to be misappropriating public funds "for his own use":
(1) providing public funds to himself, his relatives or friends or to other natural persons for use;
(2) providing public funds in his own name to other units for use; or
(3) deciding himself in the name of his unit to provide public funds to other units for use, in order to obtain personal benefits in return.
This Interpretation is hereby announced.
Interpretation by the Standing Committee of the National People's Congress Regarding the Credit Card Prescribed in the Criminal Law of the People's Republic of China
(Adopted at the 13th Meeting of the Standing Committee of the Tenth National People's Congress on December 29, 2004)
In light of the problems encountered in judicial practice, the Standing Committee of the National People's Congress has discussed the implication of "the credit card" prescribed in the Criminal Law and gives the interpretation as follows:
"The credit card" prescribed in the Criminal Law refers to the electronic payment card that is issued by commercial banks or other financial institutions and that performs the full or part of the functions of payment for consumption, credit loan, transference and settlement, cash deposit and withdrawal, etc.
The Interpretation is hereby announced.
Interpretation by the Standing Committee of the National People¡¯s Congress Regarding Article 313 of the Criminal Law of the People's Republic of China
(Adopted at the 29th Meeting of the Standing Committee of the Ninth National People¡¯s Congress on August 29, 2002)
Having discussed the implication of "Whoever has the ability to execute the judgment or order made by a people¡¯s court but refuses to do so, if the circumstances are serious" as prescribed in Article 313 of the Criminal Law, the Standing Committee of National People¡¯s Congress gives the interpretation as follows:
"The judgment or order made by a people¡¯s court " prescribed in Article 313 of the Criminal Law refers to the judgment or order which is made by a people¡¯s court in accordance with law and which has the contents of execution and is illegally effective. The orders made by the people¡¯s courts for execution, in accordance with law, of the orders for payment, effective mediation documents, arbitral awards, notarized documents of obligation, etc. are included in the orders as prescribed in Article 313.
The following cases come under the category of "Whoever has the ability to execute the judgment or order made by a people¡¯s court but refuses to do so, if the circumstances are serious" as prescribed in Article 313 of the Criminal Law:
(1) the person subjected to execution conceals, transfers, intentionally damages or destroys property, or gratuitously conveys property, or conveys property at a lower price which is obviously unreasonable, thereby making it impossible to execute the judgment or order;
(2) the guarantor or the person subjected to execution conceals, transfers, intentionally damages or destroys property, or conveys the property which has been provided as a guaranty to a people¡¯s court, thereby making it impossible to execute the judgment or order;
(3) the person who has the obligation to assist in execution refuses to do so upon receiving from a people¡¯s court the notice for assistance in execution, thereby making it impossible to execute the judgment or order;
(4) the person subjected to execution, the guarantor, or the person who has the obligation to assist in execution conspires with the functionary of a State organ and obstructs execution by making use of the power of the said functionary, thereby making it impossible to execute the judgment or order; or
(5) any other person who has the ability to execute refuses to do so, if the circumstances are serious.
Any functionary of a State organ who commits the act prescribed in subparagraph ( 4 ) mentioned above, shall be deemed an accomplice in the crime of refusing to execute a judgment or order and be investigated for criminal responsibility. Any functionary of a State organ who accepts bribes or abuses his power and commits the act prescribed in subparagraph ( 4 ) mentioned above, which at the same time constitutes a crime as provided for in Article 385 or 397 of the Criminal Law, shall be convicted and punished in accordance with the provisions for a heavier punishment.
This Interpretation is hereby announced.
Interpretation by the Standing Committee of National People's Congress Regarding Articles 228, 342 and 410 of the Criminal Law of the People's Republic of China
(Adopted at the 23rd Meeting of the Standing Committee of the Ninth National People's Congress on August 31, 2001)
Having discussed the implications of "in violation of the rules and regulations on land administration" prescribed by Articles 228, "in violation of the law or regulations on land administration" prescribed by Article 342 and "violation the law and regulations on land administration" prescribed by Article 410 of the Criminal Law and "illegally approves the requisition or occupation of land" prescribed by Article 410 of the Criminal Law, the Standing Committee of National People's Congress gives the interpretation as follows:
"In violation of the law or regulations on land administration" prescribed by Article 228, "in violation of the rules and regulations on land administration" prescribed by Articles 228, "in violation of the law or regulations on land administration" prescribed by Article 342 and "violation the law and regulations on land administration" prescribed by Article 410 of Criminal Law mean violation of the provisions on land administration prescribed by laws such as the Land Administration Law, Forestry Law, Grassland Law and other relevant administrative regulations.
"Illegally approves the requisition or occupation of land" prescribed by Article 410 of the Criminal Law means illegally approving the requisition or occupation of farmland such as cultivated land, forestland and other land.
This Interpretation is hereby announced.
Decision of the Standing Committee of the National People's Congress on Punishing Crimes of Fraudulently Purchasing, Evading and Illegally Trading in Foreign Exchange
(Adopted at the 6th Meeting of the Standing Committee of the Ninth National People¡¯s Congress on December 29, 1998 and promulgated by Order No. 14 of the President of the People¡¯s Republic of China on December 29, 1998)
For the purpose of punishing the criminal acts of fraudulently purchasing, evading and illegally trading in foreign exchange and maintaining the State's control over foreign exchange, the following provisions are made to amend and supplement the Criminal Law:
1. Whoever fraudulently purchases foreign exchange by any of the following means shall, if the amount involved is relatively large, be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 5 percent but not more than 30 percent of the amount of foreign exchange fraudulently purchased; if the amount involved is huge, or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined not less than 5 percent but not more than 30 percent of the amount of foreign exchange fraudulently purchased; if the amount involved is especially huge, or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall also be fined not less than 5 percent but not more than 30 percent of the amount of foreign exchange fraudulently purchased or his property shall be confiscated:
(1) using forged or altered certificates or documents such as the declaration forms and the import certificates issued by the Customs and the verification certificates of the department for control over foreign exchange;
(2) repeatedly using certificates or documents such as the declaration forms and the import certificates issued by the Customs and the verification certificates of the department for control over foreign exchange; or
(3) by any other means.
Whoever forges or alters certificates or documents such as the declaration forms and the import certificates issued by the Customs and the verification certificates of the department for control over foreign exchange and uses such certificates or documents to fraudulently purchase foreign exchange shall be given a heavier punishment in accordance with the provisions in the preceding paragraph.
Whoever provides funds in Renminbi while clearly knowing that they are to be used for fraudulent purchase of foreign exchange shall be regarded as a joint offender and punished as such.
Where a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined in accordance with the provisions of the first paragraph and, in addition, the persons who are directly in charge of the unit and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount involved is huge, or if there are other serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; if the amount involved is especially huge, or if there are other especially serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment.
2.Whoever buys or sells forged or altered certificates or documents such as the declaration forms and the import certificates issued by the Customs and the verification certificates of the department for control over foreign exchange or other documents, certificates or seals of a State organ shall be convicted and punished in accordance with the provisions of Article 280 of the Criminal Law.
3. Article 190 of the Criminal Law is revised as follows: Any company, enterprise or any other unit that, against State regulations, deposits foreign exchange outside of China or illegally transfers foreign exchange from inside China to any other countries shall, if the amount involved is relatively huge, be fined not less than 5 percent but not more than 30 percent of the amount of the evaded foreign exchange and, in addition, the persons who are directly in charge of the unit and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount involved is huge, or if there are other serious circumstances, the unit shall be fined not less than 5 percent but not more than 30 percent of the amount of evaded foreign exchange and, in addition, the persons who are directly in charge of the unit and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not less than five years.
4. Whoever illegally trades in foreign exchange in places other than the ones designated by the State for such trade and thus disrupts market order shall, if the circumstances are serious, be convicted and punished in accordance with the provisions of Article 225 of the Criminal Law.
Where a unit commits the crime mentioned in the preceding paragraph, it shall be punished in accordance with the provisions of Article 231 of the Criminal Law.
5. Where a staff member of the Customs, the departments for control over foreign exchange, financial institutions, companies or enterprises engaged in foreign trade or any other unit conspires with the persons who fraudulently purchase or evade foreign exchange, providing them with relevant certificates for purchase of foreign exchange or other conveniences, or sells or pays in foreign exchange while clearly knowing that the certificates or documents are forged or altered, he shall be regarded as a joint offender and given a heavier punishment in accordance with this Decision.
6. Any staff member of the Customs and the departments for control over foreign exchange who, through his gross neglect of duty, results in a large amount of foreign exchange fraudulently purchased or evaded, thus causing heavy losses to the interests of the State, shall be convicted and punished in accordance with the provisions of Article 397 of the Criminal Law.
7. Any staff member of financial institutions and companies or enterprises engaged in foreign trade who, through his gross neglect of duty, results in a large amount of foreign exchange fraudulently purchased or evaded, thus causing heavy losses to the interests of the State, shall be convicted and punished in accordance with the provisions of Article 167 of the Criminal Law.
8. All the money and property recovered or confiscated and the fines imposed for committing the crimes mentioned in this Decision shall be turned over to the State treasury.
9. This Decision shall go into effect as of the date of promulgation.