The criminal law is an important legal weapon for the state to govern the country according to law and maintain long-term peace and stability, and is also the main legal basis for cracking down on criminal offenses.

The promulgation and implementation of the 79 Criminal Law and the Criminal Procedure Law put an end to the state that had been lawless for many years, and was a sign of the beginning of the construction of the legal system of the Celestial Empire.

Since the promulgation of the 79 Criminal Law 18 years (17 years after its actual implementation), profound changes have taken place in the political, economic, and social life of the Celestial Empire. Changes in social life affect many criminal phenomena. Specifically, when this Criminal Law was formulated, it did not study enough of some criminal acts, and its provisions were not specific and inconvenient to enforce, such as the general provisions on "pocket crimes" such as dereliction of duty, hooliganism, and speculation; Second, some crimes no longer exist, such as the crime of forging and reselling planned supply tickets, which have lost their basis for existence with the change of the planned economic system; Third, some of the crimes stipulated in the 79 Criminal Law were not prominent and serious at the time of the legislation, but have now become prominent and serious, such as smuggling, human trafficking, drug crimes, obscene material crimes, prostitution crimes, etc.; Fourth, the 79 Criminal Law did not stipulate and could not provide for a large number of new and serious behaviors that endangered society at that time, especially the fundamental changes in the national economic system, and many economic crimes arising from the transformation of the product economic system to the market economy, such as financial crimes, securities crimes, and the use of special VAT invoices; There are also underworld crimes that seriously endanger society, crimes of terrorist activities, computer crimes, ......and so on. To this end, after a long period of hard work, the Celestial Empire completed the revision of the 79 Criminal Law on March 14, 1997, promulgated on the same day (referred to as the 97 Criminal Law), and officially implemented it on October 1, 1997.

The birth of the 97 Criminal Law is a major development in the construction of the legal system of the Celestial Empire, and indicates that the criminal law of the Celestial Empire is striving and advancing in the direction of gradually becoming more complete.

In addition to the changes in the overall structure of the Criminal Law and the Criminal Law of 97, the key is that many changes have taken place in the main contents, such as the general provisions: the basic principles have been added, and the basic principles of the criminal law are clearly stipulated: the principle of legality of crimes, the principle of equality before the law, and the principle of proportionality of crime and punishment. Although the law rarely uses analogy since the implementation of the 79 Criminal Law, the law has become more rigorous after the repeal, and at the same time has made it more clear that it is not a crime if there is no explicit provision in the law. In addition, there have been changes in the scope of application of the Criminal Law, the system of legitimate defense, the content of the types of punishments, and the specific application of criminal punishments. Another example is the sub-provisions: the crime of counter-revolution has been revised to the crime of endangering national security, the crime of undermining the socialist economic order has been revised to the crime of undermining the order of the socialist market economy, the crime of obstructing the order of social management in the 79 Criminal Law has been expanded, and the crime of corruption and bribery has been independently stipulated, and the crime of dereliction of duty has been regulated in detail and concretely for all kinds of criminal acts such as abuse of power, dereliction of duty, leaking state secrets, twisting the law for personal gain, and bending the law for personal gain, and at the same time the statutory punishment has been correspondingly increased. It also facilitates judicial practice to a large extent.

The Criminal Law also specifically stipulates crimes committed by units, clearly stipulates that units can become the subject of crimes, and stipulates the principle of punishment. This does not exist in the Criminal Code.

……………………

Yang Qianfeng has been studying the 97 Criminal Law whenever he has time in recent days, and although he still has a lot of things that he has not fully understood, he already has a certain understanding of the 97 Criminal Law. He held that the revised Criminal Law provides a more adequate basis for "having laws to follow," and how to implement the revised Criminal Law and ensure that "there are laws that must be followed" and "law enforcement must be strict" is an issue that every public security police officer must seriously face. Although the 97 Criminal Law was revised on the basis of the 79 Criminal Law, its changes are enormous, and law enforcement agencies and their law enforcement personnel must conscientiously study and master them, so as to accurately apply the Criminal Law to crack down on crimes, and at the same time avoid abusing their authority to enforce the law and break the law.

Therefore, he repeatedly compared the 97 Criminal Law with the 79 Criminal Law, and prepared for classes while studying, because he wanted to set off an upsurge of studying the Criminal Law in the Criminal Police Brigade.

Yang Qianfeng was tired of studying, so he lit a cigarette and wanted to take a break, but he remembered what happened when Wang Laifu talked about Fang Xiaobing and others when they went to Li Yunfeng's house.

After Wang Laifu told him about this, he learned the next day: Although Fang Xiaobing's Xiangshan construction team took over the project and was affiliated with Jinshui No. 2 Construction Company, they also went through their own business licenses and other related procedures, which means that their construction team is a legal unit. Yang Qianfeng thought that since it was a legal organization and unit, then they went to Li Yunfeng's house to talk about the project on behalf of the unit, and whether it was illegal or criminal to do so on behalf of the unit, and how should it be handled? In this regard, the 79 Criminal Law does not stipulate unit crimes, and although the 97 Criminal Law fills this gap, he has not yet fully understood this concept......

In fact, it was this incident that made him feel the importance of learning quickly. But he still couldn't fully grasp it through study, so he called Zhang Lihua to the office and talked about Fang Xiaobing.

Zhang Lihua was not surprised after hearing this, she said calmly: "When I handled their case back then, I had a hunch that they would be like this when they came out, do you remember?" Back then, they were so smart to make full use of other people's psychology to achieve their goals, and they will definitely sum up their experience after being taught a lesson, in order to better avoid the use of soft violence such as self-harm to solicit projects is not strange, and those construction company leaders watched them dare to stab themselves with knives, who is not afraid of seeing it? In fact, this is a kind of naked coercion, not to mention that Fang Xiaobing and they are still doing this in front of Li Yunfeng's family, of course he is even more afraid. ”

Yang Qianfeng nodded and said: "Their behavior is actually a kind of hooliganism, and it appears in the appearance of their construction team, and the current law does not stipulate that units and legal persons are the subject of crimes, so it is difficult to grasp the illegality of their behavior." ”

"You're right. The current law does not stipulate that a unit or legal person is the subject of a crime. Zhang Lihua said while thinking about it: "According to the current law, I will analyze this matter: as far as the cause of this incident is concerned, Li Yunfeng did promise to give them the project of three buildings, but later Li Yunfeng regretted not doing it for them, and Fang Xiaobing also had their reasons to go to him, and thought that the reason for going to his house was legitimate; As far as the process is concerned, although they went at night, which is very unconventional, they must also have reasons to go at night, such as not being able to find him during the day, etc., and after they went, they also showed their intentions, that is, they wanted to talk to him and let him do some projects, instead of going to his house to make trouble, and more importantly, they entered Li Yunfeng's house without any violent acts, and they didn't even say a word heavy, but they were menacing and ugly, and one of them hurt himself in order to get the project when he arrived at his house. He didn't ask Li Yunfeng to take any responsibility for self-harm at that time and later, but he was frightened at that time and took the initiative to fulfill his previous promise to give them the project of three houses, and Fang Xiaobing and they did not take the opportunity to add more projects. Judging from the results of the whole thing, they just scared Li Yunfeng and his family, although the project of the three buildings was forced to be given to them that night, but after all, Li Yunfeng had promised before, as for the last Fang Xiaobing, they transferred the project to others and obtained a sum of money from it, it is really not clear at present, the construction market is currently like this, many companies' projects are transferred around a lot, and the competent authorities do not care, and also recognize this, which has also become a practice in the construction industry. Therefore, from the comparative analysis of the four elements of the crime, it is difficult for their behavior to constitute a crime, although the crime of hooliganism is a pocket crime, it is also constituted by specific behavior, they are a bit like picking quarrels and provoking trouble, but from the reason and motive of their going, such behavior is not completely consistent, of course, this is only my personal opinion. If you want to say that it is illegal, compared with the public security administration punishment regulations, it seems that it is very reluctant to illegally trespass into other people's homes and pick quarrels and provoke troubles. ”

Yang Qianfeng knew in his heart that Fang Xiaobing's behavior was an improper behavior, but he felt that there was no way to take these people, Zhang Lihua's analysis was exactly what he had been considering, and he also compared the 97 Criminal Law, in addition to what Zhang Lihua said, he thought that if Fang Xiaobing and them continued like this, it would be very similar to a crime of the underworld. So he said: "You have analyzed it very well, and it seems that you will only talk about it after the implementation of the new criminal law, because I think what they do is a crime of the nature of the underworld as stipulated in the new criminal law." ”

"I feel the same way." Zhang Lihua smiled and said: "Don't worry, if these people continue like this, sooner or later they will still commit crimes, it is better not to move them first, if they are found and cannot be dealt with, then what they will do in the future will be more hidden, and it will be more difficult for us to catch the evidence of their crimes." ”

Yang Qianfeng said: "You mean: if you want them to die, let them go crazy first." ”

Zhang Lihua giggled and said: "That's what I mean, no, let's stare at it first, and after the implementation of the 97 Criminal Law, they are still so crazy, and we will net them in one fell swoop." ”

Yang Qianfeng nodded and said: "That's the only way, fortunately, the country's legal system construction is developing closely with the situation, and is constantly improving and improving, otherwise such a situation is really difficult to handle." ”

Zhang Lihua thought for a while and said: "Over the past 10 years or so, although many achievements have been made in the building of the legal system, social development has been too fast, and you can see that the current economic development speed and people's living standards are developing and improving rapidly, so I think the pace of building the legal system should be faster." ”

…… I want to talk about "The Story of Police Officer Yang Qianfeng" with more like-minded people, and pay attention to "excellent reading literature" on WeChat, talk about life, and find a confidant~