Various charges of violating citizens' personal rights and democratic rights

According to the provisions of China's criminal law, crimes against personal rights and democratic rights include the following crimes: 1, intentional homicide.

The act of illegally depriving others of their lives by various means (such as shooting and poisoning). The object of this crime is the life of others, that is, the life of a person who has been born and can breathe independently. Whether the person is an infant or an adult, a healthy person or a patient, it does not affect the establishment of this crime. The subjective aspect of this crime is intentional. When determining the crime of intentional homicide, we should pay attention to distinguish the crime of intentional homicide from the crime of endangering public security by setting fire, exploding, hitting water, throwing dangerous substances and other dangerous methods. The key to the distinction is that the former is aimed at a specific criminal object, which may be one person or several people, while the latter is aimed at the life and health of an unspecified majority and the safety of major public and private property. Therefore, when distinguishing the boundary between the two, we must examine whether the behavior of the actor endangers public safety.

Attention should be paid to the characterization and handling of suicide cases. First, those who force others to commit suicide by violence or threats or deceive others to commit suicide by agreeing to commit suicide without committing suicide should also be convicted and punished for intentional homicide; Second, those who cheat or help/kloc-people under 0/4 years of age or those who lose the ability to recognize or control commit suicide should also be convicted and punished for intentional homicide; Third, if the act or omission stipulated in the criminal law leads to others' suicide, the result of others' suicide should be regarded as the sentencing circumstances for the perpetrator to constitute a crime; Fourth, whoever instigates or helps a person with complete free will commit suicide should not be punished as a crime. It should also be noted that euthanasia, which is controversial in theory and practice, is illegal in China, and it is usually convicted and punished for intentional homicide in judicial practice. Attention should be paid to the legal situation of intentional homicide.

2. The crime of manslaughter

The act of causing death through negligence. If you clean the gun carelessly, it will kill others with fire. Judging from the harmful results, this crime is the same as the crime of intentional homicide, and the difference lies in the subjective difference. At the same time, negligence only constitutes the crime of manslaughter if it has caused the death of others; Although intentional homicide does not cause death, it also constitutes the crime of intentional homicide (attempted). If the actor did not foresee and could not foresee the occurrence of the death result, he would not be criminally responsible. If there are other explicit provisions in the criminal law on negligent death, it shall be punished in accordance with the relevant provisions. If a motorist accidentally kills another person while driving, it shall be treated as a traffic accident. 1, intentional injury

Deliberately and illegally harming the health of others. The object of this crime is the health of others, which is mainly manifested in the integrity of limbs, organs or other parts of the body, or the normal function of internal and external organs of the body. The objective aspect of this crime is to use various methods to endanger the health of others. A general beating that only causes pain in the flesh and does not harm health does not constitute this crime and can be treated as a general illegal act. According to the degree of health damage, China's criminal law divides injuries into general injuries and serious injuries. Serious injury refers to:

(1) makes people physically disabled or disfigured (turns people's faces into ugly shapes that are difficult to recover);

(2) Loss of hearing, vision or other organ functions, such as deafness, blindness in one or both eyes, inability to speak with the mouth, etc. ;

(3) Others that have great harm to personal health, such as serious incurable diseases, mental illness, evisceration, life-threatening massive bleeding, etc. Under normal circumstances, the severity of the injury is mainly judged according to the situation at that time, combined with the handling of the case before sentencing.

The subjective aspect of this crime is intentional. There is a difference between intentional injury and intentional homicide in principle, and the key to the difference is the different content of intentional injury. The former is that the actor intentionally caused injury, and his death due to serious injury was an accident; The latter is intentional death, and death is within the intention of the doer.

2. Crime of causing serious injury through negligence

The act of injuring another person's body through negligence, resulting in serious injury. If two people fight, 1 can't hit, and blind each other's eyes. Negligent injury to others does not reach the level of serious injury, which does not constitute this crime. To constitute this crime, the actor must be subjectively negligent. Those who cause serious injuries to others' bodies are caused by unforeseeable reasons and shall not be held criminally responsible. 1, rape

Having sex with a woman by violence, coercion or other means against her will. This is a serious violation of women's personal rights. Rape of a corpse, that is, rape of a female corpse, is a crime of hooliganism and does not constitute rape. The objective aspect of this crime is forced sexual intercourse against women's will. If women are forced to commit obscene acts other than sexual intercourse, it is a hooligan act and does not constitute rape. There are many means of rape, mainly violence (such as binding, beating, coercion, etc. ) and coercion (such as threats of beating, killing, revealing privacy, etc. ). In addition, other means can be used. Women with severe mental illness and stupidity can't express their will normally. No matter what means are used to rape them, rape is theory in practice. According to the criminal law, when the target of the crime is a young girl, the perpetrator knows that she is dissatisfied with a young girl of 14 years old and has sex with her, regardless of whether the young girl is willing or not, she should be convicted and punished for rape. If the perpetrator doesn't know that the other party is a girl under the age of 14, and both parties have sex voluntarily without causing serious consequences, it is not considered a crime. Whoever gang rapes two or more people shall be given a heavier punishment. Gang rape means that two or more men rape the same woman in turn at the same time and place. The subject of rape is male, but women can be instigators or helpers of this crime.

When determining the crime of rape, we should also pay attention to distinguish rape from improper sexual behavior. Improper sexual behavior belongs to the moral category and cannot be identified and dealt with as a crime. The boundary between rape and adultery. There may be several different situations: first, both men and women commit adultery, and the woman later accuses the man of rape for some reason, which cannot be regarded as rape. For the so-called half-hearted sexual behavior, if it is not against the will of women, it is generally not appropriate to deal with rape. Only against the will of women can they be convicted and punished. Second, the first sexual act was against the woman's will, and the woman did not report it. Later, if the woman voluntarily has sex with the man for many times, the first sexual act is generally no longer regarded as rape; After raping a woman, Shi San's criminal threatened the victim mentally, forcing him to submit to humiliation, which is not adultery and should be convicted and punished for rape; Fourth, both men and women have committed adultery. Later, the woman made it clear that she would no longer maintain this adultery relationship, and if the man forced sexual relations with her by violence, coercion or other means, he should be convicted and punished for rape. Also pay attention to the difference between attempted rape and attempted rape. Attempted rape means that the man asks to have sex with the woman, but the woman resolutely refuses. If the man fails, it should not be considered as attempted rape.

2. Crime of forcing women into prostitution

Use violence and threats to force women to sell their bodies. The objective aspect of this crime is to force women into prostitution against their will. Luring women into prostitution with money or material constitutes the crime of luring women into prostitution in the crime of disturbing social management order. 1, crime of human trafficking

Trafficking in human beings by deception, threat, inducement, etc. The object of trafficking can be anyone from another family. But in fact, it is mainly trafficking in women and children. The objective aspect of this crime is trafficking, that is, deceiving others into their own hands and selling them in their own hands. There are many methods of abduction. The subjective element of this crime is intention.

2. Crime of buying abducted women and children

It refers to the act of buying abducted women and children for the purpose of selling. The object of this crime is the personal rights and personal dignity of abducted women and children. The target of the crime is abducted and trafficked women and children. This crime is objectively manifested as the act of buying abducted women and children, that is, the act of exchanging money or items of economic value other than money for women and children from a third party. Subjectively, it is intentional. How to deal with other crimes that may be committed at the same time by buying abducted women and children? The second, third, fourth and fifth paragraphs of Article 24 1 of the Criminal Law of People's Republic of China (PRC) respectively stipulate that whoever buys a trafficked woman and forcibly has sexual relations with her shall be punished according to the crime of rape and the crime of buying a trafficked woman or child; Whoever buys abducted women and children, illegally deprives or restricts personal freedom, or commits crimes such as injury, insult and abuse shall be punished in accordance with the relevant provisions of the crime of illegal detention, intentional injury and insult respectively, and shall be punished concurrently with the crime of buying abducted women and children; Buying and selling abducted women and children. Starting from the conviction of the crime of abducting and selling women and children. In addition, those who buy abducted women and children and do not prevent them from returning to their original residence according to their wishes, do not abuse the bought children and do not prevent them from being rescued may not be investigated for criminal responsibility.

3. Crime of illegal detention

The objective aspect of this crime is to illegally deprive others of their personal freedom, that is, to force others to move freely, such as locking others in the house and not going out. The subjective element of this crime is intention. Those who are beaten or insulted shall be given a heavier punishment.

4. Crime of illegal control

The objective aspect of this crime is to illegally restrict others' freedom of action, such as illegally restricting others' travel and participation in social activities. Illegal control is different from illegal detention, which imposes coercion on the victim's body and makes him completely lose his freedom of movement; The former is to restrict the victim's freedom of movement through mental intimidation. The subject of this crime can be ordinary citizens or state functionaries.

5. Crime of illegal search

The act of illegally searching another person's body or residence by a person who has no right to search. The objective aspect of this crime is to illegally search the body or residence of others without legal permission. This kind of search can be conducted in front of the victim or in secret, which has no influence on the conviction. The subjective element of this crime is intention. As for the motive, it generally does not affect the establishment of this crime. However, if a person is forcibly searched in order to rob another person's property, it will be punished as robbery, and it may not be punished as illegal search. The subject of this crime can be ordinary citizens or state functionaries.

6. Crime of trespassing on houses

The act of forcibly invading another person's house without the approval of the judicial organ or the permission of the owner of the house, or refusing to quit at the request of the owner of the house. House refers to the house where people live. The objective aspect of this crime is the act of illegally invading other people's houses, for example, breaking into other people's houses and making trouble without reason. Whoever illegally intrudes into another person's house and withdraws immediately after the request, without causing damage, is generally not punished for this crime. The subjective element of the crime of trespassing can only be intentional. A blind person, a drunken person or someone who strays into another person's house for other reasons does not constitute this crime. Invading another person's house for the purpose of committing crimes such as theft, robbery and coercion. , should be punished according to its intention, does not constitute a crime of illegal invasion of housing alone. 1, insult

The objective aspect of this crime is an act of openly degrading personality and damaging the reputation of others. Criminal methods include violence, such as public humiliation; Forcing the victim to do embarrassing actions; Smear dirt on the victim in public. There are other ways, such as spreading bad words that damage the reputation of others, or making offensive insults. To constitute this crime, it must be a blatant insult, that is, there are three or more people present, or insult in a way that many people can see or hear. Whether the victim is present or not does not affect the constitution of this crime. The subjective element of this crime is intention, the purpose of which is to degrade others' personality and destroy their reputation.

Step 2 slander

Deliberately fabricating and spreading some false facts to damage the personality and reputation of others. Defamation and insult, the basic nature is the same, the difference is that:

There are many means of insult, including violence, and slander can only be carried out orally or in writing;

(2) Defamation is not a general insult, but a fabrication and dissemination of facts that damage others' reputation and personality, which is deceptive and more likely to damage others' reputation.

Insult and slander only constitute a crime if the circumstances are serious. Whoever commits this crime, except those who seriously endanger social order and national interests, will be dealt with only after being told. 1, crime of extorting a confession by torture

The object of this crime is the criminal, that is, the person who is accused or suspected of illegal and criminal acts and is tried. Whether the person is really guilty or not does not affect the constitution of this crime. The objective aspect of this crime is to use corporal punishment (hanging, binding, using instruments of torture and other methods to harm the body) or corporal punishment in disguise (punishment, sleep deprivation, freezing hunger, sun exposure and other methods to torture people) to extract confessions. Interrogators use false methods such as luring confessions, naming names and asking names to obtain confessions, and if they do not use corporal punishment or corporal punishment in disguised form, the relevant departments will handle it at their discretion, which does not constitute this crime. Extorting a confession by torture often causes physical harm. Whoever causes serious injury or disability shall be given a heavier punishment for the crime of injury, and the crime of extorting a confession by torture is uncertain. The subject of this crime can only be national staff, mainly judicial staff with judicial power.

The crime of false accusation and framing is an act of fabricating criminal facts and making false reports with the intention of framing others (including prisoners). This kind of crime may not only make innocent people wrongly punished and their legitimate rights and interests violated, but also hinder the normal activities of judicial organs. The objective aspect of this crime is to fabricate criminal facts and make false reports. That is, to impose fictional criminal facts on the victim. A person who commits a crime and fabricates another crime can still constitute this crime. False accusation and frame-up, usually manifested as false accusation and exposure to judicial organs or organizations, including signature, anonymity or pseudonym; Those who write and distribute counter-revolutionary slogans and leaflets in the name of others, or plant and frame others in other ways, are generally punished as false accusations and frames. The crimes of false accusation and frame-up are all committed against specific individuals; It does not constitute this crime to lie about the situation without reporting the specific person for credit or other personal purposes. The subjective element of this crime is intention. If it is not deliberately framed, but because it does not accurately understand the situation, false accusation and accusation do not constitute a crime. As long as the behavior of false accusation and frame-up is carried out, whether the victim is wrongly sentenced or not can constitute the crime of false accusation and frame-up. State functionaries who commit the crime of framing shall be given a heavier punishment.

2. Perjury

During investigation and trial, witnesses, expert witnesses, recorders and translators deliberately make false proofs, expert appraisals, records and translations of important cases, with the intention of framing others or concealing criminal evidence. The implementation of this crime may not only infringe upon the legitimate rights and interests of citizens, but also hinder the normal activities of judicial organs. The subject of this crime is limited to witnesses, experts, recorders and translators. The objective aspect of this crime is to make false proof, identification, recording or translation of important cases in investigation and trial. "The circumstances that have an important relationship with the case" refers to the circumstances related to determining whether the case constitutes a crime, the nature of the crime and the severity of sentencing. It does not constitute this crime to provide perjury for unimportant circumstances without affecting the handling of cases. The subjective aspect of this crime is intentional, and its purpose is to frame others or conceal criminal evidence and shield criminals. If you don't know the situation accurately, or provide certificates, appraisals, records, translations, etc. that are inconsistent with the actual situation due to low professional level and temporary negligence, it does not constitute this crime. 1, crime of disrupting elections

In violation of the provisions of the electoral law, by violence, threats, deception, bribery and other illegal means, disrupt the election or hinder voters from freely exercising their right to vote and stand for election. The objective aspect of this crime can be manifested in various destructive behaviors:

(a) in view of the behavior of the election staff, such as using the above means to make the election staff engage in election fraud or prevent the election staff from performing their election duties;

(two) forcing or bribing voters to vote against their wishes or not to vote, or preventing voters from voting and other acts against voters;

(3) Disrupting election activities by disturbing election sites, making elections impossible, etc.; Forging election documents; Falsely reporting election votes, etc. The subject of this crime can be ordinary citizens or election workers. The subjective aspect of this crime can only be intentional.

2. The crime of retaliation and framing

State functionaries abuse their powers, engage in malpractices for selfish ends and retaliate against accusers, prosecutors and critics. The object of this crime is accuser, complainant and critic, and the object of crime is the democratic right of citizens to criticize, accuse and appeal. There are various means of retaliation and frame-up, and criminals often take various means at the same time to severely attack and persecute the victims politically, economically and in other aspects, which seriously damages the legitimate rights and interests of the victims. A state functionary who retaliates against others without abusing his power shall not be convicted of the crime of retaliating against others, but shall be dealt with according to what crime he commits.

3. Crime of illegally depriving citizens of their freedom of religious belief

It is a serious act for state functionaries to illegally deprive others of their legitimate freedom of religious belief. According to the Constitution of China, citizens have the freedom to believe in religion, that is, to believe in legitimate Christianity, Catholicism, Buddhism, Taoism and Islam. Illegal deprivation of freedom of religious belief can take many forms, such as using violence, threats and other means to prohibit others from believing in religion and prevent others from participating in normal religious activities; Illegally disturbing normal religious activities, etc. If the above acts are serious, it constitutes this crime.

4. Crime of violating the customs and habits of ethnic minorities

The objective aspect of this crime is to illegally violate the customs and habits of ethnic minorities, such as forcing ethnic minorities to change their own customs and habits and undermining the legitimate activities held by ethnic minorities according to their own customs and habits. The subject of this crime can only be national staff. If the above acts are serious, it constitutes this crime.

5. Crime of obstructing freedom of communication

The objective aspect of this crime is the act of concealing, destroying or illegally opening other people's letters. Hiding means hiding other people's letters. Destruction means tearing up other people's letters, burning them and throwing them away. Illegal opening is reading other people's letters. As long as one of the above acts is committed, if the circumstances are serious, it can constitute this crime. "Serious circumstances" mainly refers to concealing, destroying or opening a large number of other people's letters; The means and motives are particularly bad; Do not change after repeated education; Cause serious consequences, etc. The subjective element of this crime is intention. Inadvertently losing, overstocking or destroying other people's letters, or mistakenly opening other people's letters for your own, does not constitute a crime. The subject of this crime is ordinary citizens. Post office staff use their positions to commit the above-mentioned acts, and if the circumstances are serious, they shall be dealt with according to China's criminal law (see the crime of dereliction of duty).