Criminal Law Archives — Page 18 of 20

SPC, SPP, MPS opinion on drunk driving 0 (0)

2013/12/30 China Law Translate 0

Drunk driving is a crime, not just an administrative violation, and penalties can be harsh. Thinking of quickly drinking a lot of Baijiu after you got pulled over, so that the cops can’t determine if you were drunk when you were actually driving? Think again- this interpretation actually addresses that situation.

SPC,SPP, MPS Opinion on Pyramid Schemes (11/22/2013) 0 (0)

2013/11/22 China Law Translate 1

How do China’s new rules against pyramid schemes violate human rights? The probably don’t — at least not any more than other less than crystal clear criminal legislation… Sometimes a rule is just a rule.

Walkthrough for SPC Opinion on Wrongful Cases 0 (0)

2013/11/21 Jeremy Daum 0

Not so very long after the products of China’s Third Plenum left many of those hoping for more overt court reform wanting, the Supreme People’s Court has released its own opinion on preventing wrongful cases, which encapsulates and reinforces much of what the Court has been saying since new president ZHOU Qiang took office in March this year. Judicial Independence, procedural justice, and the exclusion of illegally acquired evidence are all prominently featured.
This walkthrough will guide you through it.

SPC Opinion on Completing Systems for Prevention of Wrongful Cases 0 (0)

2013/11/21 China Law Translate 1

The SPC is making rules and making them clear— well, clear with Chinese characteristics. This document lays out the rules for increasing case-handling quality and trying to make sure cases get decided based on the facts and evidence by an independent judicirary. Do they go far enough?

SPC and SPP Interpretation on theft Crimes (11-11-2013) 0 (0)

2013/11/18 China Law Translate 2

Notice how many of the mitigating and aggravating factors don’t require any level of knowledge or mens rea on the part of the perpetrator. While this at first seems to be a difference in the legal systems,, other articles like 6(3) explicitly have a knowledge component. So why not 2(6)?

A Quick Introduction to New Protections for Juvenile Victims of Sexual Violations. 0 (0)

2013/10/31 Jeremy Daum 0

A quick recap of the events leading to the release of the Opinion on Sexual Abuse of Children, and some analysis of what it actually says. The short answer- it goes a long way, but was blocked on many fronts by a need to comply with literal meaning of the legislation.

Criminal Law

SPC, SPP, MPS opinion on drunk driving 0 (0)

SPC,SPP, MPS Opinion on Pyramid Schemes (11/22/2013) 0 (0)

Walkthrough for SPC Opinion on Wrongful Cases 0 (0)

SPC Opinion on Completing Systems for Prevention of Wrongful Cases 0 (0)

SPC and SPP Interpretation on theft Crimes (11-11-2013) 0 (0)

A Quick Introduction to New Protections for Juvenile Victims of Sexual Violations. 0 (0)

SPC, SPP, MPS, MOJ opinion on punishing sexual abuse of minors (10-23-2013) 0 (0)

SPC Interpretation on False Information on Terrorism 0 (0)

最高检第二批指导性案例 0 (0)

Criminal Law of the PRC 2011 (including 8th Amendment) 0 (0)

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