What is counter-revolutionary crime?

Counterrevolutionary crimes (crimes of counterrevolution) are the most serious crimes in criminal law. Usually refers to behavior aimed at overthrowing the current regime. Counter-revolutionary crimes have been deleted from China's criminal law, and some of the acts that originally constituted counter-revolutionary crimes have been classified as treason, intentional homicide and other crimes. The term counterrevolution emerged after the bourgeois revolution. However, in the criminal laws of capitalist countries, the crime of counter-revolutionary crime is generally not used, but the crime of civil strife, crime of foreign invasion, etc.

Counter-revolutionary crimes stipulated in China's criminal law include the following types:

The crime of betrayal of the motherland

Collusion with foreign countries, which is an objective element of this crime, refers to collusion with foreign countries government, not colluding with any ordinary foreigner. Conspiracy refers to colluding with foreign countries to jointly plan to endanger China's sovereignty, territorial integrity and security, such as planning to launch an aggressive war against China, betraying and seizing Chinese territory, or conducting other subversive activities against China. The subjects of this crime are Chinese citizens, mainly those who have usurped important powers of the party and government or have significant political influence. Ordinary citizens who seek refuge in a foreign country, act as foreign spies, and steal or spy on their own country's intelligence for foreign countries shall constitute the crime of espionage and may not be charged with the crime of betrayal of the motherland.

The crime of conspiring to subvert the government and secession

The objective aspect of the crime of conspiring to subvert the government is conspiring openly and secretly, legally and illegally, peacefully and violently method, overthrow the people's government, or change the nature of the government and usurp government power into one's own hands. The objective aspect of the crime of conspiracy to split the country is mainly manifested in plotting to launch a counter-revolutionary coup, separatist power, and openly confronting the Central People's Government. The subjects of the above crimes can only be Chinese citizens (mainly careerists and conspirators who have sneaked into the party, government, and military).

The crime of inciting rebellion or rebellion

The objective aspect of this crime is the act of inciting rebellion or inciting rebellion against the enemy. The methods of instigation include threats of violence, material bribery, seduction by women, and indoctrination of reactionary ideas. The objects of instigation for this crime are limited to specific personnel such as state functionaries, armed forces, civilian police, and militia, and the goal of instigation is limited to making the above-mentioned personnel defect to the enemy or engage in counter-revolutionary rebellion. Instigating the above-mentioned persons to carry out other criminal activities, or instigating persons other than the above-mentioned persons to carry out counter-revolutionary activities, does not constitute this crime and can only be treated as an instigator of relevant crimes. The subject of this crime may be a Chinese citizen or a foreigner.

The crime of defecting to the enemy and rebelling

The objective aspect of this crime is to defect to the enemy's camp at home and abroad and rebel against the revolution. In practice, most of them secretly break away from the revolutionary ranks and defect to areas controlled by hostile forces at home and abroad in order to join the enemy in counter-revolutionary activities. The subject of this crime can only be a Chinese citizen.

The crime of armed rebellion

The objective aspect of this crime is the crime of armed rebellion. Arming not only refers to holding weapons such as guns, but also includes various weapons such as knives, axes, and sticks. Gathering a crowd means that many people gather together to carry out rebellion together. It is impossible for a single person to commit this crime. Rebellion is an open riot, usually characterized by murder, arson, attacks on party and government agencies, and the seizure of weapons and ammunition, food, livestock or other property, often causing serious damage over a large area. When a rebellion occurs, there are often some people who do not know the truth and are coerced into participating. They must be distinguished from counter-revolutionary rebels and not be held criminally responsible. In such cases, the focus is on ringleaders, other serious criminals and active participants.

The crime of gathering a crowd to rob a prison

The act of people outside the prison ganging up to use violence to rob criminals in custody. Violence refers to violent actions such as beating, tying up, killing and wounding guards, destroying prison doors, and seizing weapons from guards. Imprisoned criminals refer to various criminals who have been arrested and imprisoned. Gathering a crowd means that many people gather together to commit a crime. It is impossible for a single person to commit this crime.

The crime of organizing a prison escape

The objective aspect of this crime is that two or more criminals in custody secretly collude to carry out an organized and planned escape; the escape of a single person does not constitute this crime. crime, but shall be treated as a crime of escaping. To organize a prison break, violent methods are generally used, such as beating, tying up, killing and wounding guards, and breaking down prison doors. The subject of this crime is the criminal in custody. As for the crime they originally committed, it does not affect the composition of this crime. The subjective aspect of this crime is counter-revolutionary purpose. If the criminal in custody does not escape for counter-revolutionary purposes, he shall be treated as the crime of escape among the crimes of disrupting social management order.

Espionage and spy crimes

Joining foreign espionage organizations or domestic or foreign enemy’s spy organizations, or accepting missions from the enemy, or committing crimes without joining the enemy’s spies or spy organizations The enemy's behavior of stealing, spying, and providing intelligence about one's own country. Any of the above acts constitutes this crime. Spies and agents are both important tools for the enemy to carry out aggression, subversion and destruction. Their essence is the same. The main task of spies is to use various secret methods, including infiltrating into the country's state agencies and military to collect various intelligence; in addition to collecting intelligence, agents also carry out sabotage activities such as killing, arson, and explosions. The term "espionage" is limited to intelligence sabotage activities between countries; the term "espionage" is not limited to this limitation.

The crime of funding the enemy

The act of supplying the enemy with weapons, ammunition or other military supplies. The enemies mentioned here refer to enemy camps at home and abroad, rather than individual counterrevolutionaries hidden in the country. This crime is limited to using weapons or other military supplies (such as food, clothing, etc.) to support the enemy. Funding the enemy by providing intelligence or instructing bombardment targets shall constitute the crime of espionage, secret service and counter-revolutionary sabotage respectively, but shall not constitute the crime of aiding the enemy.

Counter-revolutionary group crimes

Counter-revolutionary groups refer to political and criminal organizations that are combined for the purpose of counter-revolution. This kind of group has different forms of crime from ordinary gangsters, and there are more than 3 participants. Some counterrevolutionary groups also have names, programs and counterrevolutionary activity plans. They are relatively well organized and generally aim to carry out various sabotage activities over a long period of time.

Organizing, using feudal superstition, and cultivating Taoists

The objective aspect of the crime of carrying out counter-revolutionary activities can be manifested in two behaviors: one is using feudal superstition to carry out counter-revolutionary activities, which is mainly manifested in For counterrevolutionary purposes, the form of feudal superstitious activities is used to create and spread rumors, confuse people's minds, create chaos, and undermine revolution and construction; the other is to organize and use Huidaomen (reactionary feudal superstitious organizations banned by the people's government, such as Yiguandao, Jiugong Dao, etc.) carry out counter-revolutionary activities, which are mainly manifested in counter-revolutionary purposes, secretly colluding, developing Taoist disciples, reviving Huidaomen activities, using Huidaomen as a stronghold, creating and spreading rumors, creating chaos, or conspiring and plotting riots, etc. As long as one of the above behaviors is committed, it constitutes this crime.

Counter-revolutionary crime of sabotage

The objective aspect of this crime can be manifested in various acts of sabotage: ① Explosion, arson, breaking water, using technology or other methods to sabotage military equipment and production Facilities, communication and transportation equipment, construction projects, risk prevention equipment or other public construction and public property; ② Robbery of national archives, military supplies, industrial and mining enterprises, banks, shops, warehouses or other public property ③ Hijacking ships, planes, trains, trams, cars; ④ Instructing the enemy to bombard targets; ⑤ Making, robbing, or stealing guns and ammunition. Carrying out one of the above acts can constitute this crime. The subjective aspect of this crime must be for counter-revolutionary purposes; otherwise, it can only be treated as other related criminal offenses and does not constitute this crime.

Counterrevolutionary crime of murder and wounding

The objective aspect of this crime is to kill someone or harm the health of others. From the objective aspect of crime, the crime of counter-revolutionary murder and injury is the same as the crime of general intentional homicide and intentional injury. The key difference is whether the purpose is counter-revolution.

The crime of counter-revolutionary propaganda and incitement

The objective aspect of this crime is to conduct propaganda and incitement with counter-revolutionary content through oral, written and other methods. This kind of propaganda and incitement is generally not targeted at individual individuals but at the broad masses. It is obviously different from the behavior of inciting others to commit crimes (such as inciting others to commit murder) in the same crime. The subjective aspect of this crime is that it is for counter-revolutionary purposes, and is strictly different from the backward words and deeds of a few people, as well as the carelessness of writing wrong slogans, shouting wrong slogans, etc.