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Civil and commercial law Civil Procedure Law of the People's Republic of China

The Civil Procedure Law of the People's Republic of China was adopted by the Fourth Session of the Seventh National People's Congress of the People's Republic of China on April 9, 1991, promulgated by Order No. 44 of the President of the People's Republic of China, and has been amended four times in 2007, 2012, 2017, and 2021. There are four parts, 27 chapters, and 291 articles in total. Amended for the first time in accordance with the Decision on Amending the Civil Procedure Law of the People's Republic of China at the 30th Meeting of the Standing Committee of the Tenth National People's Congress on October 28, 2007. Amended for the second time in accordance with the Decision on Amending the Civil Procedure Law of the People's Republic of China at the 28th Meeting of the Standing Committee of the Eleventh National People's Congress on August 31, 2012. Revised for the third time according to the Decision on Amending the Civil Procedure Law of the People's Republic of China and the Administrative Procedure Law of the People's Republic of China at the 28th meeting of the Standing Committee of the Twelfth National People's Congress on June 27, 2017. It is revised for the fourth time according to the Decision on Amending the Civil Procedure Law of the People's Republic of China at the 32nd Meeting of the Standing Committee of the 13th National People's Congress on December 24, 2021.

Issued by: Standing Committee of the National People's Congress Issued on: December 24, 2021 Execution time: January 1, 2022
Criminal law Criminal Law of the People's Republic of China

The Criminal Law of the People's Republic of China is a law formulated in accordance with the Constitution and in combination with China's specific experience and actual conditions in combating crime in order to punish crimes and protect the people. The task of criminal law is to use punishment to fight against all criminal acts in order to safeguard national security, safeguard the political power of the people's democratic dictatorship and the socialist system, protect state-owned property and property collectively owned by the working people, protect property privately owned by citizens, protect citizens' personal rights, democratic rights and other rights, and maintain social and economic order, To ensure the smooth progress of socialist construction. The Criminal Law of the People's Republic of China was adopted at the second session of the Fifth National People's Congress of the People's Republic of China on July 1, 1979 and came into force on January 1, 1980. The latest revision was made at the Fifth Session of the Eighth National People's Congress of the People's Republic of China on March 14, 1997 and came into force on October 1, 1997. On December 26, 2020, the 24th Meeting of the Standing Committee of the 13th National People's Congress of the People's Republic of China adopted the Eleventh Amendment to the Criminal Law of the People's Republic of China, which will come into force on March 1, 2021.

Issued by: National People's Congress Issued on: December 26, 2020 Execution time: March 1, 2021
Social law Labor Law of the People's Republic of China

The Labor Law of the People's Republic of China is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of workers, adjust labor relations, establish and maintain a labor system suitable for the socialist market economy, and promote economic development and social progress. Adopted at the 8th Meeting of the Standing Committee of the Eighth National People's Congress on July 5, 1994. Amended for the first time in accordance with the Decision on Amending Some Laws adopted at the 10th Meeting of the Standing Committee of the Eleventh National People's Congress on August 27, 2009. It was revised for the second time according to the Decision on Amending the Labor Law of the People's Republic of China and Other Seven Laws at the 7th Meeting of the Standing Committee of the 13th National People's Congress on December 29, 2018. The full text of the latest Labor Law includes 13 chapters and 107 articles, including general provisions, employment promotion, labor contracts and collective contracts, working hours and rest time, wages, labor safety and health, special protection for women workers and juvenile workers, vocational training, social insurance and welfare, labor disputes, supervision and inspection, legal liability, and supplementary provisions.

Issued by: Standing Committee of the National People's Congress Issued on: December 29, 2018 Execution time: December 29, 2018
Criminal law Provisions on Some Issues Concerning Obtaining Bail Awaiting Trial

The Provisions on Several Issues Concerning Obtaining a Bail and Waiting for Trial is formulated in accordance with the Criminal Procedure Law of the People's Republic of China and relevant regulations in order to standardize the application of obtaining a bail and waiting for trial, implement the criminal justice policy of "less arrests, more cautious lawsuits, and more cautious custody", ensure the smooth progress of criminal proceedings, and protect the legitimate rights and interests of citizens. On September 21, 2022, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of National Security jointly issued the Provisions on Certain Issues of Obtaining a Guarantee Pending Trial. The Provisions on Certain Issues Concerning Bailing and Waiting for Trial issued in 1999 were revised and came into force as of the date of issuance.

Issued by: Supreme People's Court, Supreme People's Procuratorate Issued on: September 5, 2022 Execution time: September 5, 2022
Procedural law class Criminal Procedure Law of the People's Republic of China

The Criminal Procedure Law of the People's Republic of China is formulated in accordance with the Constitution to ensure the correct implementation of the criminal law, punish crimes, protect the people, safeguard national security and social public security, and maintain socialist social order. On July 1, 1979, the Second Session of the Fifth National People's Congress adopted the Criminal Procedure Law of the People's Republic of China; Amended for the first time in accordance with the Decision on Amending the Criminal Procedure Law of the People's Republic of China adopted at the Fourth Session of the Eighth National People's Congress on March 17, 1996; Amended for the second time in accordance with the Decision on Amending the Criminal Procedure Law of the People's Republic of China adopted at the Fifth Session of the Eleventh National People's Congress on March 14, 2012; Revised for the third time in accordance with the Decision on Amending the Criminal Procedure Law of the People's Republic of China at the 6th Meeting of the Standing Committee of the 13th National People's Congress on October 26, 2018.

Issued by: Order No. 10 of the President of the People's Republic of China Issued on: October 26, 2018 Execution time: October 26, 2018
Social law Labor Contract Law of the People's Republic of China

The Labor Contract Law of the People's Republic of China was adopted at the 28th meeting of the Standing Committee of the Tenth National People's Congress on June 29, 2007; Amended in accordance with the Decision on Amending the Labor Contract Law of the People's Republic of China at the 30th Meeting of the Standing Committee of the Eleventh National People's Congress on December 28, 2012.

Issued by: Standing Committee of the National People's Congress Issued on: December 28, 2012 Execution time: July 1, 2013
Procedural law class Civil Procedure Law of the People's Republic of China

The Civil Procedure Law of the People's Republic of China is formulated on the basis of the Constitution and in combination with the experience and actual situation of China's civil trial work. Adopted at the Fourth Session of the Seventh National People's Congress on April 9, 1991, and promulgated by Order No. 44 of the President of the People's Republic of China on April 9, 1991, shall come into force as of the date of promulgation. On October 28, 2007, the 30th Meeting of the Standing Committee of the Tenth National People's Congress adopted the Decision on Amending the Civil Procedure Law of the People's Republic of China, which came into force on April 1, 2008. On August 31, 2012, the 28th Session of the 11th Standing Committee of the National People's Congress voted to adopt the decision of the Standing Committee of the National People's Congress on amending the Civil Procedure Law, which will come into force on January 1, 2013. The Decision of the Standing Committee of the National People's Congress on Amending the Civil Procedure Law of the People's Republic of China, adopted at the 28th Meeting of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on June 27, 2017, is hereby promulgated and shall come into force as of July 1, 2017. The full text of the latest Civil Procedure Law consists of four parts, 27 chapters and 284 articles, including the general provisions, trial procedures, execution procedures, and special provisions on foreign-related civil procedure.

Issued by: Standing Committee of the National People's Congress Issued on: June 27, 2017 Execution time: 2017-07-01
Civil and commercial law Marriage Law of the People's Republic of China

The content of the Marriage Law of the People's Republic of China is mainly to adjust marriage relations, and it also involves various important issues in family relations. The Marriage Law of the People's Republic of China, promulgated and implemented on May 1, 1950, was the first law promulgated by the People's Republic of China. On September 10, 1980, the third session of the Fifth National People's Congress adopted the new Marriage Law of the People's Republic of China; It came into force on January 1, 1981, and the original Marriage Law was abolished on the date of the implementation of the new law. The Decision of the Standing Committee of the National People's Congress on Amending the Marriage Law of the People's Republic of China, adopted at the 21st Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on April 28, 2001, is hereby promulgated and shall come into force as of the date of promulgation. On May 28, 2020, the Third Session of the 13th National People's Congress voted to adopt the Civil Code of the People's Republic of China, which will come into force on January 1, 2021. The Marriage Law of the People's Republic of China shall be repealed at the same time. The full text of the latest marriage law includes six chapters and 51 articles, including general provisions, marriage, family relations, divorce, relief measures and legal responsibilities, and supplementary provisions.

Issued by: Standing Committee of the National People's Congress Issued on: September 10, 1989 Execution time: April 28, 2001

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Civil and commercial law Civil Procedure Law of the People's Republic of China

The Civil Procedure Law of the People's Republic of China was adopted by the Fourth Session of the Seventh National People's Congress of the People's Republic of China on April 9, 1991, promulgated by Order No. 44 of the President of the People's Republic of China, and has been amended four times in 2007, 2012, 2017, and 2021. There are four parts, 27 chapters, and 291 articles in total. Amended for the first time in accordance with the Decision on Amending the Civil Procedure Law of the People's Republic of China at the 30th Meeting of the Standing Committee of the Tenth National People's Congress on October 28, 2007. Amended for the second time in accordance with the Decision on Amending the Civil Procedure Law of the People's Republic of China at the 28th Meeting of the Standing Committee of the Eleventh National People's Congress on August 31, 2012. Revised for the third time according to the Decision on Amending the Civil Procedure Law of the People's Republic of China and the Administrative Procedure Law of the People's Republic of China at the 28th meeting of the Standing Committee of the Twelfth National People's Congress on June 27, 2017. It is revised for the fourth time according to the Decision on Amending the Civil Procedure Law of the People's Republic of China at the 32nd Meeting of the Standing Committee of the 13th National People's Congress on December 24, 2021.

Issued by: Standing Committee of the National People's Congress Issued on: December 24, 2021 Execution time: January 1, 2022
Procedural law class The public security organ is responsible for the crimes of being controlled, deprived of political rights, suspended, paroled, and paroled for medical treatment

The regulations of the public security organ on the supervision and administration of criminals who are under control, deprived of political rights, suspended, paroled, or released on bail for medical treatment are formulated to ensure the smooth progress of criminal proceedings and the strict implementation of criminal judgments and rulings. The Regulations of Public Security Organs on the Supervision and Administration of Criminals under Control, Deprived of Political Rights, Suspended Sentences, Parole, and Surrender for Medical Treatment was issued and implemented by the Ministry of Public Security on February 21, 1995, and was repealed on April 22, 2016.

Issued by: Ministry of Public Security Issued on: February 21, 1995 Execution time: February 21, 1995
Civil and commercial law Civil Code of the People's Republic of China

Civil code refers to the code used to regulate the judicial relationship between equal subjects in countries that adopt written laws. The civil code regulates all kinds of legal acts and identity acts by means of provisions and abstract rules. Some civil codes will adopt customary law as a supplementary norm, and most of them also stipulate that judicial autonomy among the parties can make up for the shortcomings of various laws and regulations. On May 28, 2020, the Third Session of the 13th National People's Congress voted to adopt the Civil Code of the People's Republic of China. This law will come into force on January 1, 2021.

Issued by: National People's Congress Issued on: May 28, 2020 Execution time: January 1, 2021
Criminal law Criminal Law of the People's Republic of China

The Criminal Law of the People's Republic of China is a law formulated in accordance with the Constitution and in combination with China's specific experience and actual conditions in combating crime in order to punish crimes and protect the people. The task of criminal law is to use punishment to fight against all criminal acts in order to safeguard national security, safeguard the political power of the people's democratic dictatorship and the socialist system, protect state-owned property and property collectively owned by the working people, protect property privately owned by citizens, protect citizens' personal rights, democratic rights and other rights, and maintain social and economic order, To ensure the smooth progress of socialist construction. The Criminal Law of the People's Republic of China was adopted at the second session of the Fifth National People's Congress of the People's Republic of China on July 1, 1979 and came into force on January 1, 1980. The latest revision was made at the Fifth Session of the Eighth National People's Congress of the People's Republic of China on March 14, 1997 and came into force on October 1, 1997. On December 26, 2020, the 24th Meeting of the Standing Committee of the 13th National People's Congress of the People's Republic of China adopted the Eleventh Amendment to the Criminal Law of the People's Republic of China, which will come into force on March 1, 2021.

Issued by: National People's Congress Issued on: December 26, 2020 Execution time: March 1, 2021
Social law Labor Law of the People's Republic of China

The Labor Law of the People's Republic of China is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of workers, adjust labor relations, establish and maintain a labor system suitable for the socialist market economy, and promote economic development and social progress. Adopted at the 8th Meeting of the Standing Committee of the Eighth National People's Congress on July 5, 1994. Amended for the first time in accordance with the Decision on Amending Some Laws adopted at the 10th Meeting of the Standing Committee of the Eleventh National People's Congress on August 27, 2009. It was revised for the second time according to the Decision on Amending the Labor Law of the People's Republic of China and Other Seven Laws at the 7th Meeting of the Standing Committee of the 13th National People's Congress on December 29, 2018. The full text of the latest Labor Law includes 13 chapters and 107 articles, including general provisions, employment promotion, labor contracts and collective contracts, working hours and rest time, wages, labor safety and health, special protection for women workers and juvenile workers, vocational training, social insurance and welfare, labor disputes, supervision and inspection, legal liability, and supplementary provisions.

Issued by: Standing Committee of the National People's Congress Issued on: December 29, 2018 Execution time: December 29, 2018
Criminal law Provisions on Some Issues Concerning Obtaining Bail Awaiting Trial

The Provisions on Several Issues Concerning Obtaining a Bail and Waiting for Trial is formulated in accordance with the Criminal Procedure Law of the People's Republic of China and relevant regulations in order to standardize the application of obtaining a bail and waiting for trial, implement the criminal justice policy of "less arrests, more lawsuits, and more custody", ensure the smooth progress of criminal proceedings, and protect the legitimate rights and interests of citizens. On September 21, 2022, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of National Security jointly issued the Provisions on Certain Issues of Obtaining a Guarantee Pending Trial. The Provisions on Certain Issues Concerning Bailing and Waiting for Trial issued in 1999 were revised and came into force as of the date of issuance.

Issued by: Supreme People's Court, Supreme People's Procuratorate Issued on: September 5, 2022 Execution time: September 5, 2022
Procedural law class Criminal Procedure Law of the People's Republic of China

The Criminal Procedure Law of the People's Republic of China is formulated in accordance with the Constitution to ensure the correct implementation of the criminal law, punish crimes, protect the people, safeguard national security and social public security, and maintain socialist social order. On July 1, 1979, the Second Session of the Fifth National People's Congress adopted the Criminal Procedure Law of the People's Republic of China; Amended for the first time in accordance with the Decision on Amending the Criminal Procedure Law of the People's Republic of China adopted at the Fourth Session of the Eighth National People's Congress on March 17, 1996; Amended for the second time in accordance with the Decision on Amending the Criminal Procedure Law of the People's Republic of China adopted at the Fifth Session of the Eleventh National People's Congress on March 14, 2012; Revised for the third time in accordance with the Decision on Amending the Criminal Procedure Law of the People's Republic of China at the 6th Meeting of the Standing Committee of the 13th National People's Congress on October 26, 2018.

Issued by: Order No. 10 of the President of the People's Republic of China Issued on: October 26, 2018 Execution time: October 26, 2018
Administrative law Administrative Provisions on Leading Cadre's Spouses, Children and Spouses Running Business Enterprises

In June 2022, the General Office of the Central Committee of the Communist Party of China issued the Regulations on the Management of Leading Cadres' Spouses, Children and Their Spouses Running Business Enterprises, and issued a notice requiring the relevant party committees (party groups) and their organization (personnel) departments to improve their political positions, compact their management responsibilities, improve the working mechanism, strictly enforce discipline requirements, and fully implement the Regulations.

Issued by: General Office of the CPC Central Committee Issued on: June 19, 2022 Execution time: 2022-06-19

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2023-12-31

How long does it take for the traffic accident injury identification to get the results

Legal analysis:

Conclusion: The appraisal results of traffic accident injuries can be obtained within 30 days without special circumstances.

The appraisal results of traffic accident injuries can be obtained within 30 days without special circumstances. If the appraisal items involve complex, difficult, special technical problems or the appraisal process needs a long time, the time limit for completing the appraisal can be extended with the approval of the head of the agency, and the extended time limit shall not exceed 30 working days generally. If the time limit for appraisal is extended, the client shall be informed in a timely manner. If the judicial appraisal institution and the client have otherwise agreed on the appraisal time limit, the agreement shall prevail.

Legal basis:

Article 28 of the General Principles of Judicial Expertise Procedure

The appraisal results of traffic accident injuries can generally be obtained within 30 days. If the appraisal items involve complex, difficult, special technical problems or the appraisal process takes a long time, the time limit for completing the appraisal can be extended with the approval of the head of the agency, and the extended time limit shall generally not exceed 30 working days. If the time limit for appraisal is extended, the client shall be informed in a timely manner. If the judicial appraisal institution and the client have otherwise agreed on the appraisal time limit, the agreement shall prevail. The time required to supplement or re extract the identification materials during the identification process shall not be included in the identification time limit.

Counsel:

Article 921 of the Civil Code The client shall prepay the expenses for handling the entrusted affairs. If the agent advances necessary expenses for handling the entrusted affair, the principal shall repay the expenses and pay interest. The answer to the question "How long will it take for the traffic accident injury identification to get results" is only for reference. If you have more urgent legal issues, click the consultation button to quickly consult lawyers and get the right protection advice from lawyers on the legal network.

Relevant supplement 1:

How long will it take to get the result of the traffic accident injury appraisal

Conclusion: The appraisal results of traffic accident injuries can be obtained within 30 days without special circumstances.

Relevant supplement 2:

How long will the traffic accident disability appraisal report produce the appraisal results

Conclusion: The appraisal results of traffic accident disability are generally obtained within 30 days.

The appraisal results of traffic accident disability are generally given within 30 days. According to the regulations, the traffic management department of the public security organ shall determine the time limit for the completion of the inspection and appraisal with the appraisal institution, which shall not exceed 30 days. If it exceeds 30 days, it shall be reported to the traffic control department of the public security organ at the next higher level for approval, but the maximum time shall not exceed 60 days.

2023-12-31

How to compensate for accidental injury?

Legal analysis:

Conclusion: Accidental injury compensation is as follows.

Accidental injury compensation: In case of personal injury caused by infringement on others, medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospitalization food subsidies and other reasonable expenses for treatment and rehabilitation, as well as reduced income due to missed work, shall be compensated. If it causes disability, it shall also compensate for the cost of auxiliary equipment and disability compensation. If serious mental damage is caused, the infringee has the right to claim compensation for mental damage.

Legal basis:

Article 1179 of the Civil Code

If a person infringes upon another person and causes personal damage, he/she shall compensate medical expenses, nursing expenses, transportation expenses, nutrition expenses, inpatient food subsidies and other reasonable expenses for treatment and rehabilitation, as well as the reduced income due to missed work. If it causes disability, it shall also compensate for the cost of auxiliary equipment and disability compensation; If death is caused, funeral expenses and death compensation shall also be compensated.

Article 1183

If the infringement upon the personal rights and interests of a natural person causes serious mental damage, the infringee shall have the right to claim compensation for mental damage.

2023-12-31

The letter of responsibility for traffic accident identification can be produced for a long time

Legal analysis:

Conclusion: The letter of responsibility for traffic accident identification can be prepared within ten days.

Generally, the letter of responsibility for traffic accident identification can be prepared within ten days. According to the provisions of the procedures for handling road traffic accidents, the traffic management department of the public security organ shall prepare a road traffic accident identification letter within ten days from the date of on-site investigation. If it is necessary to conduct inspection and appraisal, a traffic accident identification letter shall be prepared within 5 days from the date when the inspection and appraisal results are determined.

Legal basis:

Article 62 of Provisions on Road Traffic Accident Handling Procedures

The traffic control department of the public security organ shall, within ten days from the date of the on-site investigation, prepare a road traffic accident identification certificate. In the case of hit and run, a road traffic accident identification letter shall be made within ten days after the vehicle and driver involved in the accident are found. If it is necessary to conduct inspection and appraisal, a road traffic accident identification letter shall be prepared within five days from the date when the inspection report and appraisal opinions are determined.

The traffic management department of the local public security organ where conditions permit may try to publish the confirmation of road traffic accidents on the Internet, but shall keep confidential the state secrets, business secrets or personal privacy involved.

Counsel:

Article 188 of the Civil Code The limitation period for applying to the people's court for protection of civil rights is three years. If the law provides otherwise, such provisions shall prevail. The limitation period of action shall be counted from the date when the obligee knows or should know that his rights have been damaged and the obligor. If the law provides otherwise, such provisions shall prevail. However, if it has been more than 20 years since the date of damage to rights, the people's court shall not protect them. Under special circumstances, the people's court may decide to extend them on the application of the obligee. The statement of responsibility for traffic accident identification can be well prepared for a long time. If you have legal doubts, please consult online for free immediately. We will solve your legal doubts.

Relevant supplement 1:

It usually takes a long time to produce the certificate of responsibility for traffic accidents

Conclusion: It generally takes no more than ten days to prepare the certificate of liability for traffic accidents.

It usually takes no more than ten days to prepare the certificate of liability for traffic accidents. According to the regulations, the traffic management department of the public security organ shall prepare a road traffic accident identification letter within ten days from the date of on-site investigation. If it is necessary to conduct inspection and appraisal, a road traffic accident identification letter shall be prepared within five days from the date when the inspection report and appraisal opinions are determined.

Relevant supplement 2:

How soon can the letter of responsibility for traffic accident identification be prepared

Conclusion: The letter of responsibility for traffic accident identification can be prepared within ten days.

2023-12-31

How to divide the responsibilities of people injured in traffic accidents

Legal analysis:

Conclusion: The division of liability for injuries in traffic accidents is as follows.

The division of liability for personal injury in traffic accidents: in case of traffic accidents between motor vehicles, the party at fault shall bear the liability for compensation; If both parties are at fault, they shall share the responsibility in proportion to their respective faults. If a traffic accident occurs between a motor vehicle and a non motor vehicle driver or pedestrian, and the non motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall be liable for compensation; If the non motor vehicle driver or pedestrian is at fault, the liability for compensation of the motor vehicle party shall be appropriately mitigated.

Legal basis:

Article 76 of Road Traffic Safety Law

If a traffic accident occurs to a motor vehicle and causes personal injury, death or property loss, the insurance company shall compensate within the limit of liability of the compulsory third party liability insurance for motor vehicles; The insufficient part shall be liable for compensation in accordance with the following provisions:

（1） If a traffic accident occurs between motor vehicles, the party at fault shall be liable for compensation; If both parties are at fault, they shall share the responsibility in proportion to their respective faults.

（2） If a traffic accident occurs between a motor vehicle and a non motor vehicle driver or pedestrian, and the non motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall be liable for compensation; If there is evidence to prove that the non motor vehicle driver or pedestrian is at fault, the compensation liability of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall be liable for compensation of not more than 10 percent.

Counsel:

Article 43 of the Administrative Procedure Law The evidence shall be presented in court and cross examined by the parties. Evidence involving state secrets, trade secrets and personal privacy shall not be presented in public hearings. The people's court shall examine and verify evidence comprehensively and objectively in accordance with legal procedures. The reasons for the inadmissible evidence shall be stated in the judgment document. Evidence obtained by illegal means shall not be used as the basis for ascertaining the facts of the case. How to divide the responsibility for injuries in traffic accidents. Your headache is exactly what we are good at solving. If you can't find a suitable lawyer to help you with the above problems, please click the page consultation button, and a professional lawyer will solve your problems.

Relevant supplement 1:

How to divide the responsibilities of people injured in traffic accidents

Conclusion: The division of liability for injuries in traffic accidents is as follows.

Relevant supplement 2:

How to divide the responsibility of traffic accident responsibility determination

Conclusion: The classification basis of traffic accident liability is as follows.

Basis for identification and division of traffic accident responsibility: the traffic management department of the public security organ shall divide the responsibility of the parties according to the role of their actions in road traffic accidents and the severity of their faults. If one party's fault causes a road traffic accident, it shall bear full responsibility; If two or more parties are at fault, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively; If neither party is at fault, neither party shall be liable.

2023-12-31

How to punish the crime of illegally carrying firearms endangering public security?

Legal analysis:

Conclusion: The crime of illegally carrying firearms endangering public security will be punished as follows.

The crime of illegally carrying guns endangering public security will be punished in this way: if the perpetrator illegally carries guns into public places or public transportation, endangering public security, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Legal basis:

Article 46 of the Criminal Law of the People's Republic of China

Criminals sentenced to fixed-term imprisonment or life imprisonment shall execute the sentence in prison or other places of execution; Anyone who has the ability to work should participate in labor, receive education and reform.

Article 130

Whoever illegally carries guns, ammunition, controlled knives or explosive, inflammable, radioactive, toxic or corrosive substances into public places or public transport vehicles, thereby endangering public security, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Counsel:

Article 19 of the Civil Code Minors over the age of eight are persons with limited capacity for civil conduct, and when performing civil legal acts, they shall be represented by their legal representatives or approved and ratified by their legal representatives; However, they may independently perform civil legal acts that are purely beneficial or that are appropriate to their age and intelligence. Article 143 Civil juristic acts that meet the following conditions are valid: （1） The actor has corresponding civil capacity; （2） True declaration of intention; （3） It does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs. Article 144 A civil juristic act committed by a person without civil capacity is invalid. Article 147 If a civil juristic act is committed on the basis of a serious misunderstanding, the actor has the right to request the people's court or an arbitration institution to revoke it. How to punish the crime of illegally carrying firearms endangering public security? " Answers to questions about. If you have a similar situation, please contact the legal chart professional lawyer, and the one-stop service platform will quickly develop solutions for you.

Relevant supplement 1:

How to punish those who commit the crime of illegally carrying firearms endangering public security?

Conclusion: The punishment for the crime of illegally carrying firearms endangering public security is as follows.

Whoever commits the crime of illegally carrying guns and endangering public security shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. The crime of illegally carrying firearms endangering public security refers to the behavior that the perpetrator violates the national regulations on firearms, carries firearms into public places and public transportation vehicles, and infringes on the personal safety of unspecified persons.

Relevant supplement 2:

How to punish the accomplished crime of illegally carrying firearms endangering public security?

Conclusion: According to the law, the punishment for the completed crime of illegally carrying firearms endangering public security is as follows.

According to the law, the punishment for a completed crime of illegally carrying guns endangering public security includes: if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. The crime objectively shows that the perpetrator violates the law and illegally carries guns to endanger public security.

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How long does it take for the traffic accident injury identification to get the results

How to compensate for accidental injury?

The letter of responsibility for traffic accident identification can be produced for a long time

How to divide the responsibilities of people injured in traffic accidents

How to punish the crime of illegally carrying firearms endangering public security?

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