中华人民共和国刑法 英文版
Criminal Law of the People's Republic of China
(Adopted by the Second Session of the Fifth National People's Congress on July 1, 1979, amended by the Fifth Session of the Eighth National People's Congress on March 14, 1997, promulgated by Order No.83 of the President of the People's Republic of China on March 14, 1997, and effective from October 1, 1997
Contents
Part One General Provisions
Chapter I The Tasks, Basic Principles and Applicable Scope of the Criminal Law Chapter II The Commission of a Crime
Section 1 The Commission of a Crime and Criminal Responsibility Section 2 Preparation, Attempt and Discontinuance of a Crime Section 3 Joint Crime
Section 4 Crime Committed by a Unit Chapter III Punishments
Section 1 Types of Punishments Section 2 Public Surveillance Section 3 Criminal Detention
Section 4 Fixed-term Imprisonment and Life Imprisonment Section 5 Death Penalty Section 6 Financial Penalty
Section 7 Deprivation of Political Rights Section 8 Confiscation of Property
Chapter IV The Concrete Application of Punishments Section 1 Sentencing Section 2 Recidivist
Section 3 Voluntary Surrender and Rendering Meritorious Service Section 4 Combined Punishment for Several Crimes Section 5 Suspension of Sentence
Section 6 Commutation of Punishment Section 7 Parole Section 8 Limitation
Chapter V Miscellaneous Provisions Part Two Specific Provisions
Chapter I Crime of Endangering the State Security Chapter II Crime of Endangering the Public Security
Chapter III Crime of Disrupting the Order of Socialist Market Economy Section 1 Crime of Producing or Selling Fake or Inferior Commodities Section 2 Crime of Smuggling
Section 3 Crime of Disrupting the Order of Administering Companies and Enterprises
Section 4 Crime of Disrupting the Order of Banking Administration Section 5 Crime of Financial Fraud
Section 6 Crime of Jeopardizing the Administration of Tax Collection Section 7 Crime of Infringing upon Intellectual Property
Section 8 Crime of Disturbing Market Order
Chapter IV Crime of Infringing upon the Citizen's Personal or Democratic Right Chapter V Crime of Encroaching on Property
Chapter VI Crime of Disrupting the Order of Social Administration Section 1 Crime of Disturbing the Public Order Section 2 Crime of Impairing Judicial Activities
Section 3 Crime of Impairing Control of the Border (Frontier Section 4 Crime of Impairing Control of Cultural Relics Section 5 Crime of Jeopardizing Public Health
Section 6 Crime of Undermining Protection of Environment or Resources
Section 7 Crime of Smuggling, Trafficking in, Transporting or Producing Drugs Section 8 Crime of Organizing, Forcing, Luring, Sheltering or Introducing Women into Prostitution
Section 9 Crime of Producing, Selling or Spreading Obscene Articles Chapter VII Crime of Endangering Interests of National Defense Chapter VIII Crime of Embezzlement or Bribery Chapter IX Crime of Dereliction of Duty
Chapter X Crime of the Serviceman's Violation of Duty Supplementary Provisions Part One General Provisions
Chapter I The Tasks, Basic Principles and Applicable Scope of the Criminal Law Article 1
For the purposes of punishing crimes and protecting the people, in accordance with the Constitution and in the light of the concrete experience and actual conditions of our country in fighting against crimes, this Law is formulated.(www.21lawyer.cn
Article 2
The tasks of the Criminal Law of the People's Republic of China are: to employ criminal punishments to fight against all criminal acts for the purposes of defending the state's security, political power of the people's dictatorship and socialist system,
safeguarding the properties owned by the State and the properties owned collectively by the working people, protecting the properties owned privately by citizens, protecting the rights of the person, democratic rights and other rights of citizens, maintaining the social order and economical order, and ensuring the smooth advance of the cause of socialist construction.(www.21lawyer.cn
Article 3
An act which is expressly defined by law as a criminal act shall be convicted of a crime and sentenced in accordance with law and; if it is not expressly defined by law as a criminal act, it may not be convicted of a crime and sentenced.(www.21lawyer.cn
Article 4
Any person who commits a crime shall be equal in applying the law. No person is privileged to be beyond the law.(www.21lawyer.cn
Article 5
The seriousness of punishment shall be determined in accordance with the crime committed by the criminal and his criminal responsibility.(www.21lawyer.cn
Article 6
This Law applies where a person commits a crime in the territory of the People's Republic of China, except as specially provided by law.(www.21lawyer.cn
This Law also applies where a person commits a crime on board a ship or an aircraft of the People's Republic of China.(www.21lawyer.cn
If, among the acts or results of a crime, one of them takes place in the territory of the People's Republic of China, it shall be deemed a crime committed in the territory of the People's Republic of China.(www.21lawyer.cn
Article 7
This Law applies where a citizen of the People's Republic of China commits a crime set forth by this Law outside the territory of the People's Republic of China; where, however, subject to the provisions of this Law, the maximum punishment of fixed-term imprisonment for his crime is not more than three years, he may be exempt from investigation.(www.21lawyer.cn
This Law applies where a public servant or serviceman of the People's Republic of China commits a crime set forth by this Law outside the territory of the People's Republic of China.(www.21lawyer.cn
Article 8
This Law may apply where a crime against China or a citizen of the People's
Republic of China committed by an alien outside the territory of the People's Republic of China and for which the minimum punishment of fixed-term imprisonment is not less than three years in accordance with the provisions of this Law, except where a crime is not punishable in accordance with the law of the place where it is committed.(www.21lawyer.cn
Article 9
This Law applies to crimes set forth by the international treaties concluded or acceded to by the People's Republic of China and over which the People's Republic of China has criminal jurisdiction within its obligations in accordance with the
treaties.(www.21lawyer.cn Article 10
A person who shall bear criminal responsibility according to this Law for his crime committed outside the territory of the People's Republic of China may still be
investigated according to this Law, even if he has already been tried in a foreign country. Where, however, he has already received criminal punishment in a foreign country, he may be exempt from punishment or given a mitigated punishment.(www.21lawyer.cn
Article 11
The criminal responsibility of an alien who enjoys diplomatic privileges and immunities shall be determined through the diplomatic channel.(www.21lawyer.cn
Article 12
If an act committed after the founding of the People's Republic of China and before the entry into force of this Law was not deemed a crime under laws in force at the time, they shall apply. If the act was deemed a crime under laws in force at the time and is
subject to prosecution in accordance with the provisions of Section 8 of Chapter IV of the General Provisions of this Law, criminal responsibility shall be demanded for according to laws in force at the time. Where, however, this Law does not deem it a crime or imposes a lighter punishment, this Law shall apply.(www.21lawyer.cn
中华人民共和国刑法 英文版
