Hello, our country has provisions of subsidiary criminal law.
① Provisions on new crimes: Article 63 of the 1984 Patent Law stipulates criminal liability for counterfeiting patents, and Article 29 of the 1985 Measurement Law stipulates that the formulation and repair of , Selling unqualified measuring instruments shall be subject to criminal liability. Article 36 of the 1984 Forest Law stipulates that criminal liability shall be pursued for the act of forging or reselling forest logging licenses. Article 51 of the 1984 Drug Administration Law stipulates that criminal liability shall be investigated. The production and sale of substandard drugs shall be subject to criminal liability. Article 96 of the 1994 Labor Law stipulates that employers who use violence, threats or illegal restrictions on personal freedom to force labor shall be subject to criminal liability in accordance with the law. Although these crimes added to the subsidiary criminal law are rarely involved in judicial trials, they play a supplementary role in improving the criminal law system. Therefore, some of these criminal acts, such as the crime of counterfeiting patents, the crime of producing and selling inferior drugs, etc., have been absorbed through the formulation of separate criminal laws or in the revision of the criminal law.
② Modify the constituent elements of certain crimes: For example, the Criminal Law stipulates that the subject of the crime of producing and selling counterfeit and inferior goods is a natural person. Article 38 of the 1993 "Product Quality Law" expanded the subject of this crime to include natural persons and unit. The Criminal Law stipulates that the main subjects constituting the crime of favoritism are judicial staff, while Article 66 of the 1992 Patent Law stipulates that staff of the Patent Office and staff of relevant countries may also commit the crime of favoritism when handling patent dispute cases.
③Interpretation of crimes in criminal law sub-provisions: Article 187 of the 1979 Criminal Law only provides a general provision for the crime of dereliction of duty, without describing the crime. However, in the relevant subsidiary criminal law, the crime of dereliction of duty is included. Make a detailed introduction. For example, Article 39 of the 1989 "Law on the Prevention and Control of Infectious Diseases" stipulates, "Personnel engaged in the medical care, sanitation and epidemic prevention, supervision and management of infectious diseases and relevant government personnel neglect their duties, resulting in the spread or epidemic of infectious diseases... The circumstances are serious and constitute Anyone who commits a crime shall be investigated for criminal liability in accordance with the provisions of Article 187 of the Criminal Law. "Article 42 of the 1986 Enterprise Bankruptcy Law stipulates that "the legal representative of a bankrupt enterprise and the leader of the superior department of the bankrupt enterprise shall be held responsible for negligence. "Whoever's duty results in the bankruptcy of an enterprise and causes heavy losses to state property" shall be investigated for criminal liability in accordance with Article 187 of the Criminal Law.
④ Add a new type of punishment: Paragraph 1 of Article 27 of the "Officer System of the Chinese People's Liberation Army" stipulates: "If an officer commits a crime and is sentenced to deprivation of political rights or to a fixed-term imprisonment of more than three years in accordance with the law, the court shall decide to deprive him of his political rights. Its military rank. "This actually adds additional punishment types to the general provisions of the Criminal Law.
⑤ Specify sentencing circumstances: For example, Article 52, Paragraph 1, of the 1990 "Law on the Protection of Disabled Persons" stipulates: "Whoever takes advantage of the disability of a disabled person to infringe upon his or her personal rights or other legal rights, thereby constituting a crime, shall be punished in accordance with The relevant provisions of the criminal law provide for severe punishment.”
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