What are the violations of personal rights?

The crime of violating citizens' personal rights and democratic rights is a kind of crime stipulated in China Criminal Law, which refers to the illegal violation of citizens' personal rights and democratic rights. The objects of this kind of crime are citizens' personal rights and democratic rights, which are embodied in citizens' rights to life, health, personal freedom, reputation, personality, and the right to vote and be elected. Article 131 of the Criminal Law of the People's Republic of China stipulates that "citizens' personal rights, democratic rights and other rights shall be protected from illegal infringement by anyone or any organ. If the violation of the law is serious, the person directly responsible shall be given criminal sanctions. "

Basic meaning

The crime of violating citizens' personal rights and democratic rights is a kind of crime stipulated in the criminal law of China, which refers to the illegal violation of citizens' personal rights and democratic rights. The objects of this kind of crime are citizens' personal rights and democratic rights, which are embodied in citizens' rights to life, health, personal freedom, reputation, personality, and the right to vote and be elected. Article 131 of the Criminal Law of the People's Republic of China stipulates that "citizens' personal rights, democratic rights and other rights shall be protected from illegal infringement by anyone or any organ. If the violation of the law is serious, the person directly responsible shall be given criminal sanctions. " The objective aspect of this crime, due to the different direct objects of infringement, is manifested in various criminal forms, such as the crime of killing people, the crime of harming health, the crime of insulting and slandering reputation, and the crime of destroying elections by infringing on electoral rights. The vast majority of such crimes can only be constituted by acts; Individual crimes (such as homicide) may also be inaction, such as deliberately starving a baby without feeding him.

the subject of crime

the subject of this crime is mostly the general subject, that is, any citizen who has reached the legal age and has the ability of criminal responsibility. Individual crimes are special subjects, such as the crime of extorting confessions by torture, which can only be composed of state staff. In the subjective aspect of this crime, most crimes can only be constituted by intention, and individual crimes can be constituted by negligence.

various crimes and charges

according to the criminal law of China, the crime of violating personal rights and democratic rights includes the following crimes:

the crime of infringing on others' lives

1. the crime of intentional homicide

the illegal deprivation of others' 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 a baby or an adult, a healthy person or a patient 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 the distinction between the crime of intentional homicide and the crime of endangering public security, which causes the death of the victim by dangerous methods such as arson, explosion, breaking water and throwing dangerous substances. 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 the 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 the safety of the public.

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 cheat others to commit suicide by agreeing to commit suicide without committing suicide should also be convicted and punished for intentional homicide; Second, those who deceive and help people under the age of 14 or who have lost the ability to identify or control themselves should also be convicted and punished for intentional homicide; Third, if someone commits an act or omission stipulated in the criminal law and causes others to commit suicide, the result of others' suicide should be considered as the sentencing circumstances of a crime constituted by the actor; Fourth, whoever instigates or helps a person with completely 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. [1]

2. Crime of manslaughter

The act of causing death due to negligence. If you wipe the gun carelessly, it will kill others by 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 when it has caused the death of others; Intentional homicide, although not causing death, 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 car driver accidentally kills another person while driving, he shall be treated as a traffic accident.

Crime of infringing upon the health of others

1. Crime of intentional injury

Intentional and illegal act of 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 harm the health of others. A general beating that only causes pain in the flesh without harming health does not constitute this crime and can be treated as a general illegal act. According to the degree of health damage, China criminal law divides injuries into general injuries and serious injuries. Serious injury refers to:

① disabling a person's limbs or ruining a person's appearance (turning a person's face into an ugly shape that is difficult to recover);

② Causing people to lose hearing, vision or other organ functions, such as deafness, blindness in one or both eyes, inability to speak with mouth, etc.

③ others that have great harm to personal health, such as serious incurable diseases, psychosis, visceral rupture, removal, life-threatening massive bleeding, etc. Under normal circumstances, the severity of injury is judged mainly by the situation at that time, combined with the treatment before the case is sentenced.

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

2. Crime of Negligence and Serious Injury

The act of injuring others' bodies due to negligence and causing serious injuries. If two people fight, one person misses and blinds the other's eyes. If the negligent injury to others does not reach the level of serious injury, it does not constitute this crime. To constitute this crime, the actor must be subjectively negligent. If serious injuries are caused to others' bodies, they are caused by unforeseeable reasons, and they will not be held criminally responsible.

Crimes against women's physical and mental health

1. Rape

Sexual intercourse with women by violence, coercion or other means against women's will. This is a serious violation of women's personal rights. Rape of a corpse, that is, rape of a woman's corpse, belongs to 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 indecent acts other than sexual intercourse, it belongs to hooliganism 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 may 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 the theory in practice. The Criminal Law stipulates that when the target of the crime is a young girl, the perpetrator knows that she is a young girl under the age of 14 and has sex with her, regardless of whether the young girl is willing or not, she should be convicted and punished for rape; The perpetrator did not know that the other party was a young girl under the age of 14, and the two parties voluntarily had sexual relations, which did not cause serious consequences. If the circumstances were obviously minor, it was not considered a crime. If two or more people are gang-raped, they will 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 a man, but a woman can be an instigator or helper of this crime.

When determining the crime of rape, we should also pay attention to the distinction between the crime of rape and improper sexual behavior. Improper sexual behavior belongs to the moral category and cannot be identified and dealt with as a crime. And the boundary between rape and adultery. There may be several different situations: first, both men and women had adultery, and the woman later accused the man of rape for some reason, which could not be regarded as rape. For the so-called half-hearted sexual behavior, if it is not against women's will, it is generally not appropriate to deal with rape. Only if it is against women's will can it be convicted and punished. Second, the first sexual act was against the will of the woman, and the woman did not report it. Later, if the woman voluntarily had sex with the man many times, the first sexual act would generally no longer be regarded as rape; After raping a woman, the Sanshi criminal threatened the victim mentally, forcing her to submit to humiliation, which is not adultery and should be convicted and punished for rape; Fourth, both men and women used to have adultery. Later, the woman made it clear that she would no longer maintain this adultery, and if the man forced sexual relations with the woman by violence, coercion or other means, he should be convicted and punished for rape. We should also pay attention to the distinction between attempted rape and unsuccessful rape. Failure to seek rape is a request from a man to have sex with a woman, but the woman resolutely refused and the man failed, so it should not be regarded as attempted rape. [1]

2. Crime of forcing women into prostitution

The act of forcing women to sell their bodies by means of violence or threats. The objective aspect of this crime is to force women to engage in prostitution against their will. Using money or material to lure women into prostitution constitutes the crime of luring women into prostitution in the crime of disturbing social management order.

Crime of infringing upon the personal freedom of others

1. Crime of abducting and trafficking in persons

The act of abducting and trafficking in persons by means of deception, threats and inducement. The object of trafficking can be anyone in another family. But in practice, it is mainly trafficking in women and children. The objective aspect of this crime is characterized by abduction and trafficking, that is, cheating others into their hands and selling them on their hands. There are many methods of abduction. The subjective element of this crime is intention.

2. The crime of buying abducted women and children

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 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? Article 241, paragraphs 2, 3, 4 and 5, of the Criminal Law of the People's Republic of China stipulates respectively: whoever buys abducted women and forcibly has sex with them shall be punished for several crimes according to the crime of rape and the crime of buying abducted women and children; Whoever buys abducted women and children, illegally deprives or restricts personal freedom, or commits crimes such as injury, insult and abuse, shall be punished respectively in accordance with the relevant provisions on the crime of illegal detention, intentional injury and insult, and shall be punished for several crimes together with the crime of buying abducted women and children; Buying and selling abducted women and children. Proceed 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, and those who do not abuse the bought children and do not prevent them from being rescued may not be investigated for criminal responsibility. [1]

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 allowing them to go out. The subjective element of this crime is intention. Whoever has the circumstances of beating or insulting 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 from traveling and participating 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 intimidate by spirit and restrict the victim's freedom of movement. 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 house 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 approval. This kind of search may 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 other people's property, he shall be punished as robbery and may not be guilty of illegal search. The subject of this crime can be ordinary citizens or state functionaries.

6. Crime of trespassing

The act of trespassing into another person's house without the approval of the judicial organ or the permission of the owner of the house, or refusing to quit after being asked by the owner of the house. A house refers to a house where people live. The objective aspect of this crime is manifested in the act of illegally invading other people's homes, for example, breaking into other people's homes and making trouble without reason. Whoever illegally intrudes into another person's house, but withdraws immediately after being asked to do so, without causing any harm, is generally not punished for this crime. The subjective element of the crime of trespassing on houses can only be intentional. A blind person, a drunk person or someone who strays into another person's house for other reasons does not constitute this crime. Whoever intrudes into another person's house for the purpose of committing crimes such as theft, robbery, coercion, etc., shall be punished according to the crime he intends to commit, and does not constitute the crime of illegally invading the house alone.

Crime of infringing on others' reputation and personality

1. Insult crime

The objective aspect of this crime is to openly degrade others' personality and destroy others' reputation. Criminal methods include violence, such as public humiliation; Forcing the victim to do embarrassing actions; Smear dirty things on the victim in public. There are other methods, such as spreading ugly words that are harmful to the reputation of others, or making offensive insults. To constitute this crime, it must be a blatant insult, that is, there are a third person or more people present, or insult in a way that can be seen or heard by many people. 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 the personality of others and destroy their reputation.

2. Defamation

Deliberately fabricating and spreading some false facts, damaging others' personality and reputation. Defamation and insult have the same basic nature, and the differences are as follows:

① There are many insults, including violent insults, and slander can only be carried out orally or in writing;

② Defamation is not a general insult, but a fabrication and dissemination of a fact that damages 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. Those who commit this crime will be dealt with only if they are told, except those who seriously endanger social order and national interests.

Crime of infringing upon the personal rights of others by means of the power of state organs

1. Crime of extorting a confession by torture

The object of this crime is the offender, that is, the person accused or suspected of having committed illegal and criminal acts and being 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 disguised form (punishment, sleep deprivation, freezing hunger, sun exposure and other methods to torture people) to extract confessions. Interrogators use false methods such as luring confessions and asking confessions by name to obtain confessions without using corporal punishment or corporal punishment in disguised form.