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Criminal law on juvenile delinquency

6 September, 2010

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Criminal law on juvenile delinquency

Solutions can be: Scissor Sisters's blog First, cover the maintenance of organized crimes and the penalties do not change; 2 is involved in organization and leadership of organized crimes and a maximum sentence of up to fifteen years or life imprisonment. But here again with the general penalty for the crime of harboring I did not how to balance the problem of crime in general cover the maximum sentence is ten years, shielded triads, great harm is a special shield, if still a decade, does not embody its sentencing the increase. How to balance the issue of sentencing, need overall consideration.

Inquiry 14: group discussion, some members worried that if the time of the crime, at least 75 years of age do not apply the death penalty Nirvana's blog-Nirvana's blog, these elderly people may be used by criminal gangs? 



Zhou rights: 75 years of age or ability there to judge, if he did not want crime, others will be difficult to use. According to this logic, 17-year-old juvenile delinquency should apply the death penalty because he may also be used. 



Criminal law on juvenile delinquency has always been more lenient punishment, but a crime against the elderly before Leniency not well resolved, the amendment was to be addressed, is progress. In fact, people over 75 Are you the one  years of age the incidence of crime is very low, 70-year-old criminal was sentenced to death than those who are in the single digits every year, even if there is a very rare, the legislature aimed at those universal, in common very serious phenomenon to legislation, not legislation under rare circumstances, therefore, such worries are unnecessary. The law should the elderly, young people have sympathy. Words with a common is that criminal legislation should also take seriously, "one old and one small" problem.

Tens of millions of small and  I still believe medium enterprises, micro businesses or will soon usher in good news. Recently, the reporter from the SME Association was informed by relevant parties, the recent SAT SME associations have been invited to discuss relevant policies to support SMEs. During the Administration of Taxation have said that the heavy tax burden for SMEs, Do you remember  will study the tax support policies for SMEs, large tax cuts for small businesses. 



Reporter then learned from the State Administration of Taxation, General Secretary, truly within the relevant research related to the SME support policies. However, the total tax-related official told reporters on SME support policies, but with the General Administration of the Ministry of Industry and the China Banking Regulatory Commission participation in relevant research work, mainly in charge of the Ministry of Industry and SMEs, the promotion. The officials told reporters that the policy Just believe you will when you believe

 still under study, the specific inconvenience to say, however, the State Administration of Taxation from the workflow point of view, for the small business tax cuts a great possibility. The SME associations who are told reporters that the policy introduced during the year is expected. rx

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How to resolve the sentencing imbalance

6 September, 2010

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How to resolve the sentencing imbalance

The offender on who is falling in love with community corrections, will not be interference with the judicial issues. Offender to the court who will be implemented, how long after the implementation of the performance as well need to shorten the sentences of offenders, the test period and other issues, Don't put too really love the community did not decide, the decision always rests in the hands of the judiciary.

Inquiry 11: The draft stipulates that the total term of imprisonment of more than 35 years, the maximum can not exceed You can not every time 25 years, such a revision would not lead to prison full?

Zhou right: this is not a lot in improving the terms for the same time, to some extent the draft expanded the application of Probation, Parole and the probability of decline in the total prison, prisons full will not happen.

Inquiry 12: As long as truthfully confessed his You must crime and can be given a lighter punishment, will not lead to penalties light punishment? Will not be provided to some of the criminals off the hook space for rent-seeking?

Zhou rights: Occasionally "Frankly," originally served as the discretion of the mitigating circumstances, but only as a discretionary circumstances, the judiciary shall not be recognized in some places, which lead to crime, "and truthfully confess will be lenient," and so had not been honored, judicial authority weakened. Mitigating circumstances are beyond the statutory provisions, the accused confessed truthfully, and must deliver a lighter commitment to ensure that judicial authority.

Is there room for rent-seeking, and the criminal law Acelin system, the correlation is not honest. In fact if you want to abuse of judicial power, even if the provisions of "honest mitigating" circumstances, there will be rent-seeking problems. Judicial practice, whether truthfully confessed criminals I don’t understand your i can not be identified out of thin air, but also there is evidence to support.

Inquiry 13: The changes may occur sentencing imbalance, how to solve this problem?

Zhou right: there will indeed be such a problem, such as shielding the crime syndicate, the draft will be the maximum sentence from the criminal point of from ten to fifteen years to adjust, the starting point of the legislation is good Your words will, but could cause some problems because criminal law on the organization, leading or participating in the highest crime syndicate was sentenced to ten years imprisonment. No organization and leadership, but where's the cover? Comparing the two, the core role of the "guilty" but the main body of a light sentence, if such an amendment not really. rx

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Water drunk driving behavior

6 September, 2010

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Water drunk driving behavior

Zhou right: Organization We Are One drag racing's conduct causing public danger, can be considered as an accomplice in a crime drag racing, such as the instigator and so on. Drag racing club acts are criminal, but also scoring Right Now & Right Here situation. If the designated area, fully enclosed regions in drag racing or racing organization's activities, criminal law is that no matter, because it does not endanger public safety. Drag racing in general acts of drunk driving to Not Going Anywhere aggravated, if not the extent of criminal law is whether the. Of course, what are the specific circumstances, needs further study.

Asked 9: on the road and drag racing, drunk driving into a crime, then in the air, water drunk driving behavior is also the conviction?

Zhou right: in the air, water drunk driving Then, behavior is not particularly significant, incidence rate is very low, the risk of driving himself great, he needs his own risk, unlikely occurrence of public danger. If a behavior does not endanger other people's time, not criminal law shot. Now the most prominent problem is the roads included in the plot, the square and drag racing, drunk driving, a special risk for such behavior, if the circumstances are bad should be convicted.

Inquiry 10: The draft for the Let my first time into the "community corrections" and provides that sentenced to control, probation, parole should be community corrections. However, probation, parole is the method of punishment, into the appropriateness of the implementation of the community?

Zhou right: Community Corrections and to Isn’t there another imprisonment for implementation of the corresponding, It can reduce the cost of execution of punishment, the criminals can be directly involved in community life, integrate into society as soon as possible, this implementation of the method very well in line with the trend of the world's punishment.

Of course, no one in China specialized in And all the unpleasant look neglected Community Corrections Act, no other legal support, community corrections will write criminal law, and some lead. However, the criminal law set down first, you can create a "Forced" mechanism to promote the Community Correction Act as soon as possible.

Of course, it is because there is also know only awake no uniform law, to explore every place is different. Implementation of the main body, led by civil affairs departments in some places, some led by the judicial, in the countryside by the village committee, in the city by neighborhood committees. The process of implementation, there may be going through the motions of the situation, such offenders were to report back, after a nobody no longer. But generally speaking, the effect is still good throughout practice, should be affirmed. rx

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Social Security

6 September, 2010

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Social Security

Asked 6: The idea that Louis Vuitton Bags do not use criminal law for the payment of wages act, as long as the increase in labor-monitoring efforts can, and be convicted appropriate? If convicted, "salary" is referring only to wages or to include all social security benefits, etc.?

Zhou Rights: Wages for the malicious acts LV defined as criminal, punishment Gucci to a relatively low profile, and set the corresponding terms, are not considered. Labor disputes in recent years that labor relations continue to deteriorate, while the labor inspection is not effective. When other administrative regulations not punish such behavior, when criminal law should stand.

"Salary" should include all louis vuitton workers deserved remuneration, overtime, bonuses, too, are one. However, there may not include "Social Security." A lot of "migrant workers" do not want to pay social security, that the social security convergence problems, not worth the pay after, and that the issue is not prominent, and not on here to resolve.

Asked 7: The draft provisions in a louis vuitton handbags malicious wages "has not yet caused serious consequences, pre-paid workers in the prosecution of labor remuneration, and shall bear the corresponding liability, can not be prosecuted for criminal responsibility," appropriate?

Zhou rights: This program has been gucci bag designed to be two problems: First, do not meet the judicial process. First, public security organs in this case, and then by the Procuratorate for examination and prosecution. If the prosecution of former prosecutors will not pursue payment of workers compensation liability, and gucci Wallets with the judiciary's internal management practices and assessing certain conflicts, such as operators working in front of right or wrong calculation? If you do not prosecute, a public security organ even wrong, there are related to the prosecution or not approval of arrest and so on. Second, the public security authorities arrested the man up, the Procuratorate also approval of arrest, and the results were again placed before the prosecution could result in waste of judicial resources. I suggested that this paragraph be amended as: "no serious consequences, before placing the payment of workers compensation, and can not be prosecuted Gucci handbags for criminal responsibility" so that, if placed on file prior to the wages paid, even if this matter is resolved, judicial resources not be wasted.

Wages for malicious behavior, there gucci manis a legislative idea is to its provisions for the case of private prosecution, in the provision clearly provides that "Whoever commits the crime, told the only treatment." Thus, gucci bags not only to retain the possibility of criminal accountability, but also recognizes the civil nature of the wage act, after all, a compromise solution. rx

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Some of the death penalty could just in case

6 September, 2010

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Some of the death penalty could just in case

Ask 2: Amendment (8) Chanel handbag after the passage of the Criminal Code will not re-released? Because the content changes a lot, where applicable, will be very old and the new provisions were up trouble.

Zhou Right: This is indeed Chanel handbags a need to consider. 8 amendment, together with the NPC Standing Committee adopted a decision to amend the Criminal Code does a lot of content, if not compiled, the judiciary is very convenient for them. Legislative discussions, some experts and scholars have raised this issue, the Law Committee of the NPC Standing Committee will consider this issue. However, they have a difficulty, Chanel bag because the criminal law should be revised many times since and the 1997 codification of criminal law together, to ensure its authority, the need for an authoritative version, which compiled its own nature with the legislation.

Asked 3: New charges chanel handbags generally determined by the joint study of two high, why not in charge of determining the completion of the legislative session?

Zhou rights: legislation uncertain charges, there are a number of factors, Designer Handbag

of course, has always been our legislative tradition. Some provisions of the State is the first how many first, and then charges and provisions of content, some national legislation does not stipulate Louis Vuitton criminal charges, relying on the judiciary to resolve. Chinese tradition is the development of criminal law since the beginning of 1979, there is no general charge, and now also the respect this tradition. In fact, the specific provisions of the Criminal Code is always the judiciary to apply, on the count of how general was both accurate and make the people can understand, the judiciary will have Louis Vuitton replica handbags to judge accurately.

Furthermore, judiciary after the introduction of judicial interpretation, to the relevant departments of the National People's Congress for the record, the process of determining charges actually the result of joint efforts of the judiciary and the legislature, not all judicial acts. If we must determine the charges in the legislative session, as appropriate, to go through repeated and repeated discussion of such links, the legislation will be particularly long period. So now that the way charge is to determine Designer Handbags the relative appropriate, can save the legislative resources, enhance the legislative efficiency.

Some of the death penalty could just in case

Ask 4: Bill seeks to abolish the death penalty Replica Handbag for 13 crimes, will reduce the deterrent power of criminal law? rx

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Diocesan Mass for the dead at rest

6 September, 2010

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Diocesan Mass for the dead at rest

Philippine Consulate omega seamaster watches General in Hong Kong, the Philippines also called for the dead, prayers, vice-consul to apologize to the people links of London of Hong Kong. Hundreds of people attended a rally, the organizers of The spokesman said that the purpose of prayer is to express sorrow and sympathy on the incident, Filipinos, like with people, feel sorry for the incident; and rescue operations against the Philippine government to deal with the incident links of london bracelet performance feel angry, I hope the authorities to thoroughly investigate a transparent and fair.

Diocesan Mass for the dead at rest

According to Phoenix Satellite TV reported on links of london charms the 29th morning, the Hong Kong Catholic, together with the Philippines Consulate General of the Philippines hostages held in the dead rest fashion jewelry mass. The mass of the participants are all Filipinos working in Hong Kong, they sang hymns, many of those who attended the event were the victims cry. Vice-Consul in Hong Kong, the Philippines also attended the Mass, he again apologized to the people of Hong Kong.

Hong Kong Legislative Council cross-party procession starting from Victoria Park to Chater Garden, Central ended. Terminal Chater Garden is a lot of Filipino gathering place, Sunday, many Filipino maids gathered here. That a Filipino was sad incident, but said their employers still perfectly fine and not worried about losing their jobs because of the incident.
August 23, the NPC Standing Committee for examination of the "Criminal Law Amendment (8) Bill" (hereinafter referred to as Bill), Chanel bags attracted attention. Around issues of social concern into the criminal drunk driving, hot issues such as wages Code, members of the NPC Law Committee, Law School of Tsinghua University Professor, the right answer Zhou reporter asked the 14 draft.

Amendment which was no small extent, why not overhaul the criminal laws of the times

Ask 1: Amendment (8) Coco Chanel as many as 46 draft, the first general principles of criminal law be amended, modified amount the sum of the previous amendment, so "go to war," why not simply overhaul of the criminal laws of the times?

Zhou Rights: Although the draft general principles have changed, but only partial, some changes less than 20% of general principles, such changes are not reinvent the wheel, not the kind of large-scale changes to 1997 levels.

General Penal Code which contains two Chanel jewelry elements of crime and punishment. Constitute a crime relates to crime, elements, accomplices, criminal unfinished form and some very large content. But this amendment is not part of the contents related to crime and more, mainly the content of the sentences, such as probation, parole and Chanel so are the specific application of the penalty, take the way the amendment is possible. rx

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