Looking for judgment cases that can reflect the differences between Chinese and western laws

1. Crime of huge property of unknown origin: This can be said to be the difference in specific charges and sentencing range.

According to the provisions of China's criminal law, if the property and expenditure of state staff obviously exceed their legitimate income, and the difference is huge, they can be ordered to explain the source. If I can't explain the source, the difference will be regarded as illegal income and sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the difference is especially huge, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. The difference in property should be recovered.

Singapore 1988 Law on Confiscation of Proceeds from Corruption directly defines it as "the crime of corruption": before and after the promulgation and implementation of this law, a person's property has been occupied, but when the person cannot give a reasonable and satisfactory explanation to the court, his property should be regarded as the proceeds of corruption; Taiwan Province Province 1993 "Law on Public Officials' Property Declaration" directly stipulates that public officials who refuse to declare their property immediately without justifiable reasons shall be punished as refusing to declare or lying about their property.

For similar situations, the United States stipulates fixed-term imprisonment of not more than five years and fines; Singapore stipulates that the term of imprisonment shall not exceed 10 years; India stipulates fixed-term imprisonment 1 year for 7 years; Brunei stipulates seven years imprisonment.

2. Assaulting a police officer: This should be the difference between specific behaviors.

There are roughly two modes of conviction for assaulting a police officer in the world:

The first independent crime mode is mainly adopted by common law countries. For example, the federal criminal law of the United States and the criminal laws of all States stipulate that assaulting a police officer is an independent crime, and set up corresponding independent legal punishment. In the British Police Act, there are five kinds of crimes against police rights, namely, beating a police officer, obstructing a police officer from performing official duties, impersonating a police officer, illegally holding a police uniform and inciting disloyalty, and the corresponding penalties are clearly stipulated.

The second mode is dependent crime. Mainly adopted by civil law countries. Specifically, it can be divided into two forms: first, France, Germany, Italy and other countries adopt multiple sentencing ranges for one crime, that is, assaulting a police officer is defined as the crime of obstructing official duties, but multiple sentencing ranges are set for this crime. For example, in France, serious obstruction of official duties can be sentenced to life imprisonment. Second, Japan and other countries have adopted the classification of assaulting a police officer into the crime of obstructing official duties and the crime of intentional injury or intentional homicide according to the seriousness of the case. The minor act of assaulting a police officer is convicted according to the crime of obstructing official duties, and the punishment is relatively light; If the circumstances are serious and the act of assaulting a police officer causes serious injury or death, it shall be regarded as the crime of intentional homicide or intentional injury, and the maximum punishment shall be death.

China's practice is similar to Japan's, but it is not conducive to accurately revealing the nature of the attack by treating this kind of assaulting a police officer with the same nature as the crime of obstructing official duties, intentional homicide and intentional injury.

3。 The provisions on basic principles in the Constitution are also different: this is a different legislative model.

For example, regarding the principle of basic human rights, China's Constitution clearly stipulates that the state respects and protects human rights, and at the same time, it also stipulates the content of human rights with the basic rights and freedoms of citizens. However, in the Constitution of the United States, the basic principles of human rights are not directly recognized by normative crimes, but are embodied by stipulating the basic rights and freedoms of citizens.

On the principle of power restriction, China's Constitution stipulates that state administrative organs, judicial organs and procuratorial organs are all produced by people's congresses, responsible to and supervised by people's congresses, deputies to people's congresses at all levels are supervised by the original electoral units, and state functionaries are supervised by the people. The first three articles of the U.S. Constitution respectively stipulate the methods of formation and respective functions of the Parliament, the President and the Federal Court, and define such a system of separation of powers.

I can think of these for the time being, and the specific content is also available online. I hope it will help the landlord.