For example, there is only one clause in Article 4 1 of the Contract Law, which is directly read as Article 4 1 of the Contract Law. There are three items in article 42, which need not be read as one of the first items, but can be read directly as one of the items in article 42.
Article 41 If there is any dispute about the interpretation of standard clauses in the Contract Law, it shall be interpreted according to the usual understanding. If there are more than two interpretations of the standard terms, an interpretation that is unfavorable to the party providing the standard terms shall be made. If the standard terms are inconsistent with the non-standard terms, the non-standard terms shall be adopted.
Article 42 In the process of concluding a contract, if any of the following circumstances causes losses to the other party, the party at fault shall be liable for damages:
(1) Concluding a contract under the guise of malicious negotiation;
(2) Deliberately concealing important facts related to the conclusion of a contract or providing false information;
(three) there are other acts that violate the principle of good faith.
Item 3 14 of China's criminal law 1 There is only one item in Article 3 14 of China's criminal law.
Article 314th of the Criminal Law conceals, transfers, sells off or intentionally damages property that has been sealed up, detained or frozen by judicial organs. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.
Explain that this article is a provision on the crime and punishment of illegally disposing of property that has been sealed up, detained or frozen by judicial organs.
The object of crime stipulated in this article is the property sealed up, detained or frozen by judicial organs. "Seal" refers to the seal signed by the judicial organ. The seal shall indicate the sealing date, sealing unit and seal. Once the goods are sealed up by the judicial organs, they shall not be opened or used without the approval of the sealing organ, let alone sold or transferred. "Seizure" refers to the temporary detention of articles related to the case by the judicial organs because of the need of handling cases. This kind of seizure is generally the seizure of goods in judicial organs, but some large items can also be seized in warehouses and other places. "Freezing" mainly refers to freezing the fund account related to the case. Once the funds are frozen and unfrozen according to law, they may not be used privately, let alone transferred. This article * * * stipulates four kinds of behaviors:
1. Hiding articles sealed up or detained by judicial organs.
2. Transfer the property that has been sealed up, detained or frozen. Mainly refers to the transfer of goods that have been sealed up or detained to other places, out of the control of judicial organs, or the private withdrawal and transfer of frozen funds to other accounts.
3. Selling articles sealed up or detained by judicial organs. The seized goods will be sold to others in various forms.
4. Deliberately damaging articles sealed up or detained by judicial organs. This kind of "destruction" includes the use of destruction means such as breaking, dismantling and painting, which makes the goods lose their original appearance and original use value and value. The above four acts, as long as they have one of them, can constitute this crime if the circumstances are serious. "Serious circumstances" mainly refers to hiding, transferring, selling off or intentionally damaging the property that has been sealed up, detained or frozen by judicial organs, which seriously hinders the normal conduct of litigation activities or causes great losses to the interests of the state, the collective and citizens. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.
It should be pointed out that the act of hiding, transferring, selling off or intentionally destroying the property that has been sealed up, seized or frozen by the judicial organs stipulated in this article is not limited to criminal proceedings, but also includes civil, administrative and litigation acts.
Article 225, paragraph 1, Article 25, Article 26, Article 27 and Article 64 of the Criminal Law Crime of illegal business operation.
Article 225 Whoever, in violation of State regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:
(three) without permission, the franchise, monopoly of goods or other goods restricted by laws and administrative regulations;
(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business; ①
(four) other illegal business activities that seriously disrupt the market order.
① One item is added as the third item according to 65438+People's Republic of China (PRC) Criminal Law Amendment 1999 on February 25th, and the original third item is changed into the fourth item, which is revised according to People's Republic of China (PRC) Criminal Law Amendment (VII) on February 28th, 2009. 1999 12.25, the original provision of article 3 is added as follows: "those who illegally engage in securities, futures or insurance business without the approval of the relevant state authorities; Lawyer Hu Yanlai reminds: Click to return to the criminal law directory.
The first item of the first paragraph of Article 80 of the Criminal Law is being prepared to commit a crime, or it is discovered immediately after committing a crime. In this case, the public security organ may first detain the flagrante delicto or the major suspect. According to the provisions of the Criminal Procedure Law, the public security organ may detain a flagrante delicto or a major criminal suspect who is committing a crime, prepares to commit a crime, commits a crime or is found immediately after committing a crime.
criminal law
Article 80 A term of imprisonment commuted from life imprisonment to fixed-term imprisonment shall be counted from the date when life imprisonment is commuted to fixed-term imprisonment.
Criminal procedure law
Article 80 The public security organ may detain a flagrante delicto or a major suspect in any of the following circumstances:
(1) Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(3) criminal evidence is found around him or at his residence;
(four) attempted suicide, escape or escape after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not speak the real name and address, the identity is unknown;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.
How to deal with the first paragraph of Article 80 of the Criminal Law for the first time? If I'm not mistaken, you should say criminal procedure law.
How long is the first paragraph of Article 80 of the Criminal Law? It should be criminal detention in the criminal procedure law, 3~7 days. Arrest.
Article 129, paragraph 1, of the Criminal Law, if a person who is legally equipped with guns for official use fails to report the loss of guns in time, thus causing serious consequences, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
I have a friend who committed the first item of Article 80 of the Criminal Law. How to sentence him should be Article 80 of the Criminal Procedure Law, which takes detention measures for people suspected of criminal offences:
Article 80 of the Criminal Procedure Law, the public security organ may detain a flagrante delicto or a major suspect in any of the following circumstances:
(1) Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(3) criminal evidence is found around him or at his residence;
(four) attempted suicide, escape or escape after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not speak the real name and address, the identity is unknown;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.
Article 80, paragraph 1, of the Criminal Law is suspected of transporting drugs. The specific sentencing should be determined according to the type and quantity of drugs.
Legal basis:
Article 347 Crimes of smuggling, trafficking, transporting and manufacturing drugs Smuggling, trafficking, transporting and manufacturing drugs, regardless of the quantity, shall be investigated for criminal responsibility and punished.
Whoever smuggles, sells, transports or manufactures drugs under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than 15 years, life imprisonment or death, and shall also have his property confiscated:
(1) Smuggling, trafficking, transporting or manufacturing more than one kilogram of sliced chicken, more than fifty grams of heroin and methamphetamine, or other drugs in relatively large quantities;
(2) ringleaders of drug smuggling, trafficking, transporting and manufacturing groups;
(3) Armed cover for smuggling, trafficking, transporting or manufacturing drugs;
(4) resisting inspection, detention or arrest by violence, if the circumstances are serious;
(5) Participating in organized international drug trafficking activities.
Whoever smuggles, sells, transports or manufactures sliced crow's feet weighing more than 200 grams but less than 1 kilogram, heroin or methamphetamine weighing more than 10 grams but less than 50 grams, or other drugs in large quantities, shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined.
Whoever smuggles, sells, transports or manufactures less than 200 grams of sliced chicken, less than 10 grams of heroin or methamphetamine or other small amounts of drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Where a unit commits the crimes mentioned in the second, third and fourth paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of these paragraphs.
Whoever uses or instigates minors to smuggle, sell, transport or manufacture drugs, or sells drugs to minors, shall be given a heavier punishment.
Smuggling, trafficking, transporting and manufacturing drugs for many times, without treatment, the amount of drugs shall be calculated cumulatively.
There are only two items in the first item of Article 169 of the Criminal Procedure Law, and none of them.
Criminal Procedure Law Article 169 The People's Procuratorate shall make a decision on a case transferred for prosecution by the public security organ within one month, and the period for major and complicated cases may be extended by half a month.
If the people's procuratorate examines and prosecutes a case and changes its jurisdiction, the time limit for examination and prosecution shall be counted from the date when the changed people's procuratorate receives the case.