Amendment to the Penal Code read: national staff overseas deposits can be convicted of concealing
“Criminal Law (Amendment Draft)” early consideration, severely punish corruption and bribery became an important goal of amending the law.
“In order to meet the needs of the struggle against corruption, its heavier penalty is necessary.”
Raise huge amounts of unaccounted property crimes sentencing, and expand the crime of the main social mediation, anti-corruption ability to provide more powerful legal weapon »
Crack down on insider trading, “Lao Shucang” highest Huoxing 10; protection of civil rights, illegal disclosure of personal information will be held criminally liable.
Social hot spots included in the draft, can make up for the loopholes in the law »
Concern “Criminal Law” that popular terms, “Press 1 +1″ are analytical.
Moderator (Dongqian):
Good evening, welcome to “press 1 +1.”
“Criminal Law” has always been used as a sword to punish crime, As the saying goes, Bao Jian-feng from Grounding out, then yesterday, “Criminal Law” ushered in the seventh amendment to the amendment for “Criminal Law” This is the sword users The use of more Shunshou, more convenient, or the sword that makes it even more to the Fengmang sharp, today we have specially invited the Beijing Normal University Professor Lu Jianping do for us to answer.
First of all, we still look at the anti-corruption related to the number of amendments.
(A video)
Commentary:
Yesterday, became the focus of attention of the “Criminal Law (Amendment Draft)” in Beijing for the first time consideration, including huge amount of property crimes of unknown origin, the maximum term of from five to 10 years.
Huge amount of property crimes of unknown origin in China has used 20. 1988, the NPC Standing Committee, first established the crime of huge property of unknown origin that counts. 1997 amendments to the “Criminal Law” on the huge amount of property of unknown origin to clarify the crimes: national staff of the property or spending significantly more than legitimate income, the difference between great, I could not explain its source is legitimate, some of the illegal gains of the difference, Five years imprisonment or detention.
Huge amount of property of unknown origin is the intention of the enactment of the crime in order to better crack down on corrupt officials, punishing corruption, but also received some success, however, as the situation develops, particularly in some specific judicial practice, this counts gradually revealed Has its limitations, it became a hot social controversy. Some people think that the huge amount of property of unknown origin punish the crime of partial light, some corrupt officials of corruption at every turn hundreds of thousands of yuan, if the account is honest and bribery, this carries a maximum penalty of death, if confused with life and death can not remember the past is of unknown origin, Maximum penalty is five years jail stay, Shuqingshuchong, a look that is known.
In 2001, the former mayor of Fuyang City in Anhui Province Xiao Zuoxin, HU Ji-US couple of illicitly acquired more than 2,000 million yuan, of which the community of over 200 million and the property of unknown origin to more than 1,800 million, in the end, Xiao, a two-to death with reprieve , A non-period. In 2003, Shanxi Province, the former Secretary of township enterprises as 3 million unsolicited committed a huge amount of property of unknown origin crimes, Taiyuan Intermediate People’s Court after more than a year of trial and sentenced to three years of their prison.
No wonder some media alleged that huge amount of property of unknown origin has become the crime of corrupt officials, many of the protective shield. “Two sessions” has been a proposed increase penalties for people’s deputies. Yesterday, the “Criminal Law (Amendment Draft)” following the introduction, many people think that will increase the intensity of the Penal Code to increase the deterrent power of corrupt officials. However, there are comments that, contrary to the presumption of innocence that the criminal law the basic concept of the modern legal system, because if there is no evidence to prove the guilt of the accused, then he should be recognized as innocent, if strictly abide by this concept, then sources Even more unknown property and should not be held criminally responsible. Around the huge amount of property of unknown origin of the crime of controversy merits, the prevailing international practice How does »
In addition, yesterday discussed the “Criminal Law (Amendment Draft)”, who work for their spouses, children and other close relatives received money, and then seek to please the interests of the improper and retired senior official of taking bribes to use its terms of reference will be held Criminal liability, then the new anti-corruption initiatives ability to achieve new breakthroughs in this »
Moderator:
Good, then we will explain the relevant issues. First you give us an explanation of the concept, that is, from 1997, “Criminal Law”, this is the seventh amendment, such a frequency is normal? »
Lu Jianping (special observer):
I think it is normal for our country in 1979 from the “Criminal Law” promulgated in 1997 to overhaul, we said that a comprehensive amendment to the middle of almost 23 large and small changes, then from 1997, “Criminal Law” comprehensive amendment to the present 11 Later, we are now only seven amendments, of course, is likely to increase number of legislative interpretation, or “two high” judicial interpretation, the NPC Standing Committee, “the Criminal Law (amendment)” approach is the first time in 1999, 2001 Twice, once in 2002, 2005, 2006, is the seventh time this year.
Moderator:
This is to meet the needs of the community development, or that ushered in social development needs »
Lu Jianping:
It seems to me more likely to meet some of the ingredients, of course, have to lead, for instance, in the inside of the amendment, Kuanyan phase of our economic policy, both also for the light to the Penal Code, the Penal Code to the tune of martial law For example, we have just seen the huge amount of property of unknown origin, crimes to light for the crime of kidnapping, and so on, for example.
Moderator:
Fighting corruption has been a concern in particular is a topic of public concern, then in this time, “the Criminal Law (amendment),” said the inside of the huge amount of property of unknown origin from the maximum sentence of five years referred to the decade that such a change reflects the What kind of a demand that the amendment introduced in the past before the current law, where it is no longer adapt to the needs of the times »
Lu Jianping:
People on the huge amount of property of unknown origin up to the crime of criticizing the course or the penalty, with a relatively light, because its maximum, regardless of huge property and your real and legitimate property of the difference between how much, it is five years The ceiling, it is the upper limit, compared to our general crime of taking bribes, corruption and crime, often at times of starting a sentence is five years, because the amount is relatively larger than, we have said corruption and bribery The maximum can go to the death penalty, now, for instance, we often see is the possibility of death with reprieve or life imprisonment in such a grade. So if that is the same corrupt officials, his home has huge amount of wealth, not only because he said this source, or that he refused to note this source, he can only get a maximum sentence of five years, so of course, many of the public Criminal law scholars, including some of our colleagues are not understood.
Moderator:
That if the five-year limit mentioned in a decade, with the crime of corruption and bribery are facing the highest possible that the death of such a death, it is still relatively light, I can also see the relevant arguments, for instance, even if transferred to 10 years, still not enough to crack down on these corrupt officials, how do you see »
Lu Jianping:
You just said that the penalty is a sword, a weapon, we understand it as a weapon may be more appropriate for some, there are all sorts of weapons, a weapon that corresponds to a count of one, a corresponding Acts. Huge amount of property of unknown origin from the legal point of the crime on the run, we put it into a Doudi explain the terms and how to say » It is the crime of corruption, accepting bribes, or the evidence it has strict requirements, for instance, we often say to Renzangjuhuo, bribery, and bribery side to form the evidence chain, once such criminal acts were evidence that he Of interest, as long as he admitted that I like or that I had accepted bribes, this chain of evidence once formed, he would face a very strict judgement. So sometimes he has to do a game, he evade, or if I remember well, I do not know the mind, or Yuezhemeduo people sent money, a sum of How could I say it clearly » I do not have a notebook, I have not recorded a good habit. So in his non-cooperative game circumstances, in accordance with the law if the crime of bribery and corruption to pursue his responsibility, no relevant evidence, with the release of his run, rather than let him go unpunished, we must have a Doudi of the terms of this Huge amount of property of unknown origin is the source of the crime.
Moderator:
Why is this time that the maximum sentence is only adjusted to a decade, and some will not be severely »
Lu Jianping:
For this crime, we said that in accordance with the “Criminal Law” is a basic principle of criminal suit to the principle. I understand this crime, why it can not be removed, I have made this reason, because it is Doudi, but why can not it set the penalty is very high » Because the essential feature of this crime is a national staff obliged to note the sources of their property, but that he can not, he can not fulfil this obligation, we have to rule his crimes. Therefore, this huge amount of property of unknown origin is the nature of the crime, asking it to the people and demanding bribes, or other people’s money available to him, he accepted bribes, or differential.
Moderator:
That is to say he should note, but he did not note.
Lu Jianping:
“Criminal Law” design is very interesting, in the same, this time we design is the “Criminal Law” 395, paragraph 1, is the huge amount of property of unknown origin, second, second, that national staff in overseas deposits You do not hide the newspaper, in case more serious cases to conviction, this is hiding overseas deposits, such a specialized count.
Moderator:
That it is the upper limit of the number of «
Lu Jianping:
Ceiling only two years imprisonment. These two acts together. Of course, we say that legislators are not children Daji Mu, arbitrary, legislators to put together such a provision, I would like to own his token, I think this provision is essential to the punishment of their own property, for their offshore deposits Help with duties that the obligations of national staff, if you have not done so, you can not do, I will fine you.
Moderator:
As huge amount of property of unknown origin, and this note to let such a person speaking clearly my property Congna Lai, but there is a legal requirement, that is, if there is no requirement that the guilt of the accused, then you should think that he Not guilty, if this should be relative, to understand how such a huge amount of wealth »
Lu Jianping:
I think this question involves two aspects:
First, of course, very legal principles, the presumption of innocence is a basic principle, but the law but also to any principles left a number of exceptions to the so-called space. This is the principle of the presumption of innocence, but the huge amount of property of unknown origin crimes related parties own property that the source of this time became his responsibility, we in theory it is called inverted the burden of proof, some people are so in theory to explain.
But it seems to me also involves another, the huge amount of property crime, or of unknown origin, or hide offshore deposits of such acts, it must have a key premise, that our country if the relevant legal requirements for national staff regularly, Truthfully declare assets to the relevant authorities that the source of your property, if it has formed an iron rule, forming a basic system, if officials have said that behind the violation of such a system, according to you, I note that the so-called violation of the source of property Obligations to punish you where I.
Moderator:
We look at the amendments to the inside involves so one, is to increase the national staff of people around the binding, for example, the wife of their children, if such a use of national staff to the identity of profit, profit, it should be Corresponding penalties of punishment, how to define such a concept » How is called a profit-making, can be sentenced them to the criminal »
Lu Jianping:
I think this may be subject to the “United Nations Convention against Corruption,” the direct impact, of course, we may be from domestic considerations, is indeed because of the anti-corruption struggle facing a grim situation, but it faces many new problems which, the state staff do not directly These handling money, and he is only doing a bounden duty of civil servants, but money from others to, for instance, his wife, children and other close relatives, and even some other relationship with him a specific person, or we are now Stresses the common interests of the people, as this situation is more, if it is in accordance with the original law, it may be difficult to apply there.
Another, “United Nations Convention against Corruption” an increase of our country is a new provision, called the crime of trading in influence, the influence of the transaction targeted by the crime situation is that some major no real power, no national authority or a public officer From their duties by the formation of convenience, but he is such a relative, for instance, his father is what the Secretary, such as his uncle, of course, we have not specific in today’s idea of the scope, or his comrades, his classmates, and so on . Therefore, trading in influence in the crime, “United Nations Convention against Corruption,” there is an innovative, so we joined the “United Nations Convention against Corruption,” you have in accordance with the principles of the Convention on the corresponding revision and perfection of our country’s legal requirements.
Moderator:
People are saying from time to time change, this time in our country, “the Criminal Law (amendment)” is not only concerned about some aspects of the anti-corruption regulations, more attention must adapt to the socialist market economic construction of some hot issues, our program will continue .
Moderator:
The “Criminal Law” is intended to amend 12 articles, many of which are the current social hot spots, followed by announcements on our understanding of the two people most of them concern.
Commentary:
“After the grain harvest, we must beware of rodent”, this column posted on the promotion of rural advocacy language you probably do not unfamiliar, living in a secret deal with rodent infestation, and the financial field Shuoshu and more cunning.
April this year, two “Lao Shucang” finally get to the bottom of the case. , A researcher at the Foundation for Morgan Tang built two years ago used his position to to his father and other people’s accounts on behalf of illegal operations shares in the Fund Jiancang before buying, and selling the fund before the initial sell-off, illegal profit of about 1.53 million yuan . With different approaches is that the South Fund, a fund manager Wang Limin similar to the means from their management of the Fund shares in illegal profits of about 1.5 million.
Wang Limin such as Tang and construction, used his position to facilitate access to business information not publicly committed insider trading, the cover of Chencang, seek illegal interests and huge profits of conduct known as “Lao Shucang” behavior.
While in April this year, the China Securities Regulatory Commission abolished the two “Laoshu Cang” in the Fund and the quality of the parties, the confiscation of all illegal gains and a fine of around 500,000 yuan, but people still talk uproar. Some people questioned, “Lao Shucang” administrative punishment has been settled, why is the delay in start of their criminal accountability? » Now, under consideration by the “Criminal Law (amendment from the draft)” is expected to fill the “Lao Shucang” of the Criminal Code regulatory gaps. Bill provides that the fund management companies, securities companies, commercial banks or other financial institutions because of the use of staff positions to facilitate access to insider information other than the undisclosed business information, in violation of the regulations and the information related to trading activities, or suggestions of others Engaged in activities related transactions, in serious cases in accordance with the relevant provisions of the Criminal Punishment.
Under this provision, “Lao Shucang” acts of the situation was especially serious, the parties will be liable to five years to ten years imprisonment in addition to 1 times the illegal income of more than 5 times the fine.
1 people:
As a hundred days, Barber, tick Taimao this.
Reporter:
At that time you feel that your personal phone how will leak out »
1 people:
That may be leaking out of the hospital.
Iraqi President (Zhengzhou City public):
I was very surprised, how do you know that I am married, he said that we have relations of cooperation with the Civil Affairs Bureau.
2 people:
He affirmed that internal people.
Commentary:
Today, the leakage of personal information was repeated in the incident, while we in trouble how to do this, at present, China still lacks a comprehensive norms citizens to protect personal information of special legislation.
Although the “Personal Information Protection Law” has become the draft, but the legislative process is still advancing, not real development. In this context, the “Criminal Law (amendment from the draft)” additional provisions: state organs or the financial, telecommunications, transportation, education, health care and other units of personnel who violate state regulations, will perform their duties in the unit or provide Access to services in the course of the citizens or the illegal sale of personal information available to others, in serious cases to three years imprisonment or detention, or in addition to a fine. Theft, bribery or other methods to illegally obtain this information, in serious cases the money in accordance with the provisions of punishment.
With the development of the times, some new problems emerging, how to put an end to “Laoshu Cang”, how to protect personal information and how to punish pyramid, and so on, these problems of the people, to propose a new legal test. With the “Criminal Law (Draft)” to the first of these issues is expected to be a strong legal support, but legislation can become all the answers to solve the problem? » Perhaps, we still have a long way to go.
Moderator:
The sale of personal information in serious cases, we sounded this is a rather ambiguous concept, in serious cases, to understand how serious is my identity card number is sold to the serious cases, or sold to 10 companies that called plot Serious, how to define it »
Lu Jianping:
I would like to be in several ways to define it, a number that is to say the information itself, it stresses the size of the amount of information, for example, had previously reported in the newspapers, specialized companies or specialized intermediary organizations devoted to specific industry marketing Another such as the hundreds of thousands or even millions of personal phone number or home phone CD-ROM, which count as one in serious cases.
The second is the number of times he acts, such as within a year or several years in a row which committed a continuing offence, despite the acquisition of or related to a number of administrative punishment also incorrigible.
The third case may be related to some foreign law which will have such a provision is the so-called sensitive information, such as involving a person’s religious beliefs and his political opinions or that some of his ideas and views, and so on, if this information once the leak, For this people, including some reluctant to open personal privacy, if such information once the leak, that person’s reputation, image or human dignity will bring great harm.
I think these three cases can be summarized as serious cases.
Moderator:
In the absence of such an amendment before the existing legal framework we have encountered such a situation how to protect themselves » Once the personal information was leaked, how do we »
Lu Jianping:
In theory can take, such as like “Civil Code” on the so-called tort Private Prosecution is that my rights had been violated, I can go the way of civil compensation. But because this is something I often isolated an individual, my information such as my home phone or my own date of birth, my identity card number, or I reflect some of the other conditions of my professional or family status Others were violations of the information, I may be faced by a Inside Story, this is probably the Inside Story of a national or global business of the company, so the last few days, although I travel, the telephone and SMS Or repeated continuously, such as insurance companies have to sell the business, buy a house, with sales of motor vehicles.
Moderator:
Now if this “Criminal Law (amendment)” after the entry into force, how we use it to protect our own rights »
Lu Jianping:
Now appears there is still some difficulty.
Moderator:
为什么»
Lu Jianping:
One is in our country, these personal information, ordinary people really seriously it is not possible, even as we may to the rights of individuals are comparatively sensitive or look at some of the heavier, will find this Things to investigate, to collect evidence, to enter the proceedings, it seems that their increased to a lot of unnecessary trouble. Furthermore, such companies, such enterprises may have to consider the appropriate protection, I think probably the main reason for our country to these personal information without a sound legal provisions, as a precondition placed there. Therefore, we state a very important law “personal information security law” is still under consideration, the law should be now “Criminal Law” added to the premise of this provision.
Moderator:
The “Criminal Law (amendment)” also referred to the people of great concern to the “Lao Shucang” punishment, some people raised on such a view, the crime of misappropriation of funds before there can be a maximum-15, but only the crime of misappropriation of funds In a company, will have an impact on in-house, then it is limited to marginal of. However, “Lao Shucang” not the same, once the scene, the impact is not a company, nor is it can calculate the figures, why in this regard if the sentence, the maximum sentence or very little space, why »
Lu Jianping:
I think this may also reflect a legislator’s cautious, “Lao Shucang” This act essentially, it is the law of breach of trust, is of particular securities, insurance or futures, funds and investment companies in breach of the venture Investment in the commission, violates the trust of investors, facilitate the use of your duties, others use the funds to their own profit-making, this is a typical act of profiting at others’ expense.
Breach of trust in our behavior, “Company Law” there has been widespread, but to enter the “Criminal Law”, we have to very carefully, to choose, so our country, “Criminal Law” is the first from the national staff, state-owned enterprises and institutions of Director, manager, if you breach of trust, you used his powers to their relatives and friends engaged in profit-making business, or your business with the state-owned company directors, managers such as the same for their own profit-making business, then this is a typical breach of trust, but Its main scope of a very small. Later that such acts of breach of trust securities and futures companies in this industry there is also quite common, so we again extend to the scope of the securities and futures companies. The increase in the punishment, “Lao Shucang” This kind of behavior, the main to further expand the scope of the securities and futures funds outside the category of companies and enterprises.
Moderator:
For ordinary people, indeed, punishment, “Lao Shucang” already into the new criminal law, for many people is a hope that is a relief. But the problem is that such a new article how to properly implement it, because to see a lot of comments are all questioned how such a provision can really implement »
Lu Jianping:
I think this issue is not just the “Lao Shucang” cases, this is a widespread problem, we have every time, “Criminal Law” that some provisions be changed out, but primarily to increase the number of new regulations, these new regulations it The effective implementation may take several prerequisite, for instance, have a complete administrative laws and regulations as a prefix, for example, securities and futures fund category or categories of the law, the “Lao Shucang” acts, such as for the sale of personal information, ” Personal information security law “must have this premise, which is to form a complete system.
Another one of our existing law, it applies the elements can not ask too high, such as accepting bribes inside may have such a problem for others or to seek illegal interests for the benefit of others, this practice is very difficult to prove it , Often at times because of the lack of this element, this can not be determined on the crime, lawyers often Take this as the main reason for his defence.
Therefore, the legal front, the flexibility of the law itself, of course, we also need to have said that the professional quality of law enforcement officers, he must be in this area Hangjialishou, these conditions add up, I would like to ensure that laws are effectively implemented.