How to deal with Chinese Americans who break the law in China?

First of all, Chinese Americans are also foreigners!

1. Criminal offenses

Article 6 of my country's "Criminal Law" stipulates: "Anyone who commits a crime within the territory of the People's Republic of China and the People's Republic of China, unless otherwise provided for by law, shall This law shall apply to all crimes committed on board a ship or aircraft of the People's Republic of China. This law shall also apply if any of the criminal acts or results occur within the territory of the People's Republic of China. Crimes committed within the territory of the People's Republic of China. "Article 16, Paragraph 2, of my country's Criminal Procedure Law stipulates: "For crimes committed by foreigners who enjoy diplomatic privileges and immunities, they shall be investigated for criminal responsibility and shall be resolved through diplomatic channels."

In other words, we are a country governed by the rule of law, and Chinese laws must be applied to the handling of crimes committed by foreigners in China. Anyone who commits a crime within the territory of our country, regardless of whether the perpetrator is a Chinese citizen or a foreigner, or whether the interests of a Chinese citizen or a foreigner are infringed, shall be investigated for criminal responsibility in accordance with the criminal law of our country.

Of course, there is another addition, that is, if foreigners who enjoy diplomatic privileges and immunities commit crimes and should be held criminally responsible, they should be resolved through diplomatic channels. The so-called diplomatic privileges and immunities refer to the rights that embassies, consulates and diplomatic personnel enjoy during the performance of their duties and are not subject to the jurisdiction of the laws of the host country and other treatment. The United Nations' 1961 Vienna Convention on Diplomatic Relations, the 1963 Vienna Convention on Consular Relations and my country's Regulations on Diplomatic Privileges and Immunities have specific provisions on the scope of diplomatic personnel and related privileges and immunities.

These people who use diplomatic channels to resolve crimes after committing crimes include: (1) visiting foreign heads of state, heads of government, foreign ministers and other officials with the same status; (2) diplomatic representatives, including Ambassadors, ministers, charge d'affaires, counselors, military attachés, secretaries, attachés, etc.; (3) Spouses and minor children living with the diplomatic representative ***; (4) Administrative and technical personnel of the embassy and spouses living with their *** and minor children; (5) Diplomatic representatives stationed in third countries passing through my country and their spouses and minor children living with their parents; (6) Holders of Chinese diplomatic visas or diplomatic passports (with mutual visa exemption agreements) ) Diplomatic officials coming to China; (7) Other foreigners visiting China who have been granted privileges and immunities with the consent of our government; (8) In accordance with the international conventions that our country has joined and the agreements that our country has signed with relevant international organizations, they should enjoy diplomatic Privileges and immunities apply to foreign representatives who come to China to attend international conferences, as well as officials and experts of the United Nations and its specialized agencies who come to my country temporarily, and personnel of representative agencies stationed in my country.

According to my country's "Criminal Procedure Law" and its judicial interpretations, foreigners who commit crimes in China shall be investigated by municipal public security organs and procuratorial organs, and shall be tried by the intermediate people's court at the place where the foreigner enters.

Article 35 of my country's "Criminal Law" stipulates: "For foreigners who have committed crimes, deportation may be applied independently or additionally." Any foreigner who commits a crime in our country will be deported if the People's Court believes that he continues to reside in our country. If they will cause harm to the interests of our country and people, they can (not always) be deported to eliminate the possibility of committing crimes again in our country. If an additional sentence of deportation is imposed, the deportation must be carried out after the execution of the main sentence imposed. The People's Court generally considers whether it is applicable based on the specific circumstances of the case, taking into account the relationship between our country and the country to which it belongs, as well as the situation of international struggles, etc.

2. Administrative violations

The possible violations by foreigners mainly include illegal entry and exit, illegal long-term residence, illegal carrying of firearms and ammunition, controlled knives, prostitution, illegal employment, transportation Acts such as causing troubles, illegal gatherings, processions and demonstrations. Judging from the existing legal provisions, except for foreigners who enjoy privileges, generally in accordance with my country's "Public Security Administration Punishment Law", "Law of the People's Republic of China on the Entry and Exit of Foreigners", "People's Republic of China" Administrative penalties will be imposed according to the "Regulations on the Administration of Foreigners' Religious Activities in the Territory of the People's Republic of China" and the "Law of the People's Republic of China on Assemblies, Processions and Demonstrations by Citizens of the People's Republic of China".

In order to create a "safe Olympics" environment, the "Legal Guidelines for Foreigners' Entry, Exit and Stay in China During the Olympics" issued by the Beijing Olympic Organizing Committee include:

1. Entry. The following 6 categories of persons are not allowed to enter the country:

(1) Those who have been deported by the Chinese government and have not completed the period of inadmissibility;

(2) Those who are considered to be likely to engage in terrorism or violence after entering the country , subversive activities;

(3) Those who are considered likely to engage in smuggling, drug trafficking, and prostitution activities after entering the country;

(4) Suffering from mental illness, leprosy, sexually transmitted diseases, open Those who have infectious diseases such as tuberculosis;

(5) cannot guarantee their expenses during their stay in China;

(6) are considered to be likely to endanger China’s national security and endanger China’s national security and Other activities of interest.

Does holding an Olympic ticket mean that I will definitely get an entry visa?

Overseas spectators will not automatically obtain an entry visa just because they have purchased Olympic tickets. They still need to apply for a visa at the Chinese embassy or consulate abroad in accordance with relevant regulations. Entry personnel, vehicles and containers, as well as luggage, goods, postal parcels, etc. that may spread infectious diseases, must be quarantined upon entry. Entry is allowed only with permission from the health and quarantine authorities.

2. Transportation. Foreigners driving motor vehicles in China must hold a valid motor vehicle driving license (including a temporary driving license) issued by the Chinese government. Otherwise, they will be deemed to be driving without a license and will be punished in accordance with China's current laws and regulations. Those holding overseas driving licenses do not need to pass the test. They only need to submit their entry and exit identity documents, overseas motor vehicle driving licenses, proof that their age and physical condition meet the requirements for Chinese driving licenses, two one-inch color photos, and accept appropriate road traffic safety laws, After studying the laws and regulations and obtaining a "Temporary Motor Vehicle Driving Permit", you can temporarily drive a motor vehicle in China.

3. Entertainment consumption. Entertainment venues are not allowed to engage in drug trafficking activities, such as selling and providing drugs, or organizing, forcing, instigating, luring, deceiving, or allowing others to take or inject drugs. Gambling activities are not allowed in entertainment venues, such as electronic game machine models with gambling functions.

Entertainment venues are not allowed to carry out pornographic activities, such as for-profit escorts, etc. China prohibits obscene performances, prostitution and other forms of pornographic services, as well as the dissemination of obscene materials or information, organizing the broadcast of obscene audio and video, and gathering people for lewdness.

4. Social order. China prohibits the display of insulting slogans, banners and other items in sports venues, and prohibits the display of any religious, political, racial slogans, banners and other items in Olympic venues. To hold assemblies, processions, or demonstrations, you must apply to the public security organs in accordance with the law. No relevant activities can be held without permission. Anyone who incites or plans illegal assemblies, marches, or demonstrations and refuses to listen to dissuasion will be subject to administrative penalties or criminal liability in accordance with the law. Anyone who intentionally insults the Chinese national flag or national emblem by burning, damaging, scribbling, defiling or trampling on it in public places shall be investigated for criminal responsibility in accordance with the law.

Of course, when handling criminal cases involving foreigners, we must handle them with caution. For foreign criminal cases that are major or may trigger diplomatic negotiations, law enforcement agencies must implement a step-by-step reporting system and promptly notify my country's embassies and consulates abroad of the progress.

It is China’s traditional virtue to welcome guests with a smile during the Olympics, and the government is very well prepared in this regard. However, just having a smiling face is not enough. The public security and judicial organs must strictly enforce the law, safeguard the dignity of our country, and create a good environment for the Olympic Games.