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What is a violation of personal rights?

Basic meaning

The crime of infringing on citizens’ personal rights and democratic rights is a type of crime stipulated in China’s criminal law, which refers to the illegal infringement of citizens’ personal rights and democratic rights. The object of this type of crime infringement is the personal rights and democratic rights of citizens, which are embodied in the rights of citizens whose life, health, personal freedom, reputation, personality, and rights to vote and stand for election are not subject to illegal infringement. Article 131 of the "Criminal Law of the People's Republic of China" stipulates, "The personal rights, democratic rights and other rights of citizens are protected from illegal infringement by any person or any agency. If the illegal infringement is serious, the person directly responsible shall be criminally Punishment. "The objective aspect of this crime, due to the different direct objects of the infringement, is manifested in various criminal forms, such as homicide that deprives life, injury that damages health, insult and defamation that damage reputation, and sabotage that infringes on voting rights. Election crimes, etc. The vast majority of such crimes can only be constituted by acts; individual crimes (such as homicide) may also be constituted by omissions, such as not feeding a baby and deliberately starving him to death.

The subject of the crime

Most of the subjects of this crime are general subjects, that is, any citizen who has reached the legal age and has the ability to be criminally responsible. Individual crimes are special subjects, such as the crime of extorting confessions through torture, which can only be committed by state functionaries. In the subjective aspect of this crime, most crimes can only be constituted intentionally, and individual crimes can be constituted by negligence.

Each crime

According to Chinese criminal law, crimes that infringe on personal rights and democratic rights include the following crimes:

Crimes that infringe on the lives of others

1. Intentional homicide

The act of illegally depriving others of their lives by various means (such as shooting, poisoning, etc.). 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 does not affect the conviction of this crime. The subjective aspect of this crime is intentionality. When determining the crime of intentional homicide, attention should be paid to distinguishing the boundaries between the crime of intentional homicide and the crime of endangering public safety that cause the death of the victim by dangerous methods such as arson, explosion, water breaching, and throwing dangerous substances. The key to the distinction is that the former targets a specific crime target, which may be one person or several people, while the latter targets the life, health and safety of major public and private property of an unspecified majority of people. Therefore, when distinguishing the boundaries between the two, it is necessary to examine whether the perpetrator's behavior endangers the safety of the public.

Pay attention to the characterization and handling of suicide cases. First, whoever forces others to commit suicide by means of violence or threats or who deceives others into committing suicide by making an appointment to commit suicide but does not commit suicide himself shall also be convicted and punished for intentional homicide; secondly, whoever deceives and helps a person under the age of 14 or who has lost recognition or control If a capable person commits suicide, he shall also be convicted and punished for intentional homicide; thirdly, if he commits an act or omission stipulated in the criminal law and causes another person to commit suicide, the result of the other person's suicide death shall be regarded as a crime committed by the perpetrator. The sentencing circumstances shall be taken into consideration; fourthly, those who instigate or help a person with completely free will to commit suicide shall not be punished as a crime. It should also be noted that euthanasia, which is highly controversial in theory and practice, is illegal in our country. In judicial practice, it is usually convicted and punished as intentional homicide. Pay attention to the legal situations where the crime of intentional homicide is dealt with. [1]

2. Manslaughter

An act causing death due to negligence. If the gun is accidentally used, the gun may go off and shoot someone else to death. From the perspective of harmful consequences, this crime is the same as the crime of intentional homicide. The difference lies in the subjective difference.

At the same time, negligent conduct only constitutes the crime of manslaughter when it has caused the death of another person; intentional homicide, although it has not caused death, also constitutes the crime of intentional homicide (attempt). If the perpetrator did not foresee and could not have foreseen the occurrence of the death, he will not be held criminally responsible. If there are other clear provisions in the criminal law for negligence causing death, the punishment shall be in accordance with the relevant provisions. If a car driver accidentally hits and kills another person while driving, he will be treated as a traffic accident.

Crimes that infringe on the physical health of others

1. Crime of intentional injury

The act of intentionally and illegally injuring the physical health of others. The object of this crime is the physical health of others, which is mainly reflected in the integrity of other people's limbs, organs or other parts of the body, or the normal functions of internal and external organs of the body. The objective aspect of this crime is the use of various methods to harm the health of others. Ordinary beatings that only cause pain in the flesh and do not harm health do not constitute this crime and can be treated as general illegal acts. Chinese criminal law divides injuries into general injuries and serious injuries based on the degree of health damage. Serious injuries refer to:

①Maintaining a person’s limbs or disfigurement (turning a person’s face into an ugly shape that is difficult to recover);

②Making a person lose hearing, vision or other organs Functional, such as causing deafness, blindness in one or both eyes, being unable to speak, etc.;

③ Other serious harm to personal health, such as causing major incurable diseases, mental illness, rupture or removal of internal organs, Life-threatening bleeding, etc. Under normal circumstances, the severity of an injury is determined based on the circumstances at the time of the injury, combined with consideration of the treatment before the case was sentenced.

The subjective aspect of this crime is intentionality. There is a principled difference between intentional injury causing death and intentional homicide. The key to the difference is the different content of intentionality. The former is when the perpetrator intentionally causes harm, and the death due to serious injuries is unexpected; the latter is when the perpetrator intentionally causes death, and the death is within the perpetrator's criminal intent.

2. Crime of Negligent Serious Injury

The act of injuring another person’s body due to negligence, causing serious injury. If two people are fighting, one person will accidentally hit the other person'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 perpetrator must be subjectively at fault. If serious bodily injury is caused to another person due to reasons that the perpetrator could not foresee, he will not be held criminally responsible.

Crime against women's physical and mental health

1. Crime of rape

The act of having sexual intercourse with a woman against her will by using violence, coercion or other means. This is a serious violation of women's personal rights. Corpse rape, that is, raping a woman's corpse, is a hooligan activity and does not constitute the crime of rape. The objective aspect of this crime is the forced sexual intercourse against a woman's will. If a woman is forced to perform obscene acts other than sexual intercourse, it is considered a gangster's indecent activity and does not constitute rape. There are many methods of rape, the main ones are violence (such as binding, beating, coercion, etc.) and coercion (such as threats of beating, killing, revealing privacy, etc.). In addition, other methods may also be used. Severely mentally ill and stupid women cannot express their will normally. No matter what method is used to rape them, in practice they will be treated as rape. The "Criminal Law" stipulates that when the target of the crime is a young girl, and the offender knowingly knows that the girl is under 14 years old and has sexual relations with her, regardless of whether the girl is voluntary or not, he should be convicted and punished for rape; the offender does not know that the other party is under 14 years old. If a young girl has sexual relations consensually, without causing serious consequences, and the circumstances are obviously minor, it is not considered a crime. If two or more people commit gang rape together, they will be severely punished. Gang rape refers to two or more men taking turns raping the same woman at the same time and place. The subject of the crime of rape is men, but women can constitute the instigators or accomplices of this crime.

When determining the crime of rape, attention should also be paid to distinguishing between the crime of rape and inappropriate sexual behavior. Improper sexual behavior belongs to the category of morality and cannot be identified and dealt with as a crime. There is also a line between rape and adultery. There may be several different situations: First, the man and woman originally had an adulterous relationship, and the woman later accused the man of rape for some reason, which cannot be considered a crime of rape.

For the so-called half-hearted sexual behavior, if it is not against the woman's will, it is generally not suitable to be treated as rape. Only when it is indeed against the woman's will, can it be convicted and punished as rape; secondly, the first sexual intercourse is against the woman's will, and the woman If there is no report, and the woman voluntarily has sex with the man many times in the future, the first sexual intercourse is generally no longer considered a crime of rape; after the three-stone criminal raped the woman, he threatened the victim mentally, Forcing the woman to endure humiliation and submission is not adultery and should be convicted and punished for rape; fourth, the man and woman originally had an adulterous relationship, and later the woman made it clear that she would no longer maintain the adulterous relationship, and the man forced the woman to have sex with her through violence, coercion, or other methods. If the woman has sexual relations, she should be convicted and punished for rape. We should also pay attention to the distinction between attempted rape and unsuccessful solicitation. Unsuccessful solicitation is when the man makes a request to the woman for sexual relations, but the woman resolutely refuses and the man fails, it should not be regarded as attempted rape. [1]

2. The crime of forcing women into prostitution

The act of using 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. Using money or materials to induce women into prostitution constitutes the crime of inducing women into prostitution among the crimes of disrupting social management order.

Crimes that infringe on the personal freedom of others

1. Crime of human trafficking

The act of abducting and trafficking in human beings by using deception, threats, inducements and other means. The person being trafficked can be anyone in another person's family. But in practice, women and children are mainly trafficked. The objective aspect of this crime is the act of abduction and trafficking, that is, defrauding others and then selling them. There are many methods of abduction. The subjective element of this crime is intentionality.

2. The crime of buying abducted women and children

refers to the act of buying abducted women and children without the purpose of selling them. The criminal object of this crime is the personal rights and human dignity of trafficked women and children. The targets of the crime are trafficked women and children. The objective aspect of this crime is the act of buying abducted women and children, that is, the act of exchanging women and children from a third party in exchange for money or items of economic value other than money. The subjective aspect is intentional. How to deal with other crimes that may be committed simultaneously by bribing abducted women and children? Paragraphs 2, 3, 4 and 5 of Article 241 of the Criminal Law of the People's Republic of China stipulate respectively: Bribing abducted women and children , who forcibly has sexual relations with them shall be punished for several crimes together with the crime of rape and the crime of bribing abducted women and children; bribing abducted women and children, illegally depriving or restricting personal freedom, or committing crimes such as injury, insult, abuse, etc. shall be punished in accordance with the relevant provisions on the crime of illegal detention, intentional injury, insult, etc., and shall be punished for several crimes together with the crime of buying abducted women and children; those who buy abducted women and children are then sold. Depart according to the conviction of abducting women and children. In addition, if a trafficked woman or child is bought in accordance with the abducted woman's wishes and does not prevent her from returning to her original place of residence, and there is no abuse of the bought child and does not hinder her rescue, she may not be held criminally responsible. [1]

3. The crime of illegal detention

The objective aspect of this crime is to illegally deprive others of their personal freedom, that is, to impose coercion on others' bodies, making it impossible for them to move freely. Such as locking others in the house and not allowing them to go out. The subjective element of this crime is intentionality. Those who are beaten or insulted shall be severely punished.

4. Crime of illegal control

The objective aspect of this crime is the illegal restriction of others' freedom of movement, such as illegal restriction of others' travel, restriction of others' participation in social activities, etc. Illegal control is different from illegal detention. The latter imposes physical coercion on the victim, causing him to completely lose his freedom of movement; the former uses mental intimidation to restrict the victim's freedom of movement. The subject of this crime can be an ordinary citizen or a state functionary.

5. Crime of illegal search

The act of illegally searching the body or residence of others by a person who does not have the right to search. The objective aspect of this crime is the illegal search of another person's body or residence without legal approval.

Such searches may be conducted in front of the victim or in secret and have no impact on the conviction. The subjective element of this crime is intentionality. As for the motive, it generally does not affect the establishment of this crime. However, if a person is forcibly searched for the purpose of robbing other people's property, the person will be punished as robbery and not illegal search. The subject of this crime can be an ordinary citizen or a state functionary.

6. The crime of illegal intrusion into a residence

The act of forcibly intruding into another person's residence without the approval of the judicial authority or the permission of the owner of the residence, or the act of refusing to exit despite being asked to do so by the owner of the residence. Dwelling refers to an inhabited dwelling. The objective aspect of this crime is the act of illegally intruding into other people's homes, for example, breaking into other people's homes and causing unreasonable disturbance. If someone illegally invades another person's house but exits when asked to do so without causing any harm, this crime will generally not be punished. The subjective element of the crime of illegal intrusion into a residence can only be intentional. A blind person, a drunk person or a person who accidentally enters another person's house for other reasons does not constitute this crime. Anyone who invades another person's house for the purpose of committing crimes such as theft, robbery, rape, etc. shall be punished according to the crime he intended to commit and does not constitute a separate crime of illegal intrusion into a house.

Crimes that infringe on other people’s reputation and personality

1. Crime of insult

The objective aspect of this crime is the act of openly belittling other people’s personality and destroying other people’s reputations. . The methods of crime include violence, such as public humiliation; forcing the victim to perform embarrassing actions; and smearing dirty things on the victim in public. There are other methods, such as spreading ugly words that damage the reputation of others, or making unpleasant insults, either verbally or in writing. To constitute this crime, it must be a public insult, that is, in the presence of a third person or more people, or in a way that can be seen or heard by multiple people. Whether the victim himself is present or not does not affect the constitution of this crime. The subjective element of this crime is intentionality, with the purpose of belittling the personality of others and damaging their reputation.

2. Defamation

The act of deliberately fabricating and spreading some false facts to damage the personality of others and destroy the reputation of others. Defamation and insult have the same basic nature, but the difference is:

① There are many means of insult, including violent insult, while slander can only be carried out verbally and in writing;

② Defamation It is not a general insult, but fabricating and spreading some facts that damage the reputation and personality of others. It is more deceptive and more likely to damage the reputation of others.

Insult and slander only constitute crimes if the circumstances are serious. Those who commit this crime will be dealt with only after being informed, except for those who seriously endanger social order and national interests.

The crime of using the power of state agencies to infringe on the personal rights of others

1. The crime of extorting confessions by torture

The object of this crime is a criminal, that is, someone who is accused or suspected of having A person who is being tried for illegal and criminal acts. Whether the person is indeed guilty does not affect the constitution of this crime. The objective aspect of this crime is manifested in the use of corporal punishment (hanging, tying, using instruments of torture and other methods of injuring the body) or disguised corporal punishment (forced standing, deprivation of sleep, freezing, starvation, sun exposure and other torture methods) to extract confessions. If interrogators use wrong methods such as eliciting confessions or asking for confessions by name to obtain confessions without using corporal punishment or disguised corporal punishment, it will be handled at the discretion of the relevant departments and will not constitute this crime. Extorting a confession through torture often results in physical harm to the offender. If the offender is seriously injured or disabled, he will be severely punished as an injury crime and may not be charged as a crime of extorting a confession through torture. The subject of this crime can only be state functionaries, mainly judicial personnel with interrogation powers.

The crime of false accusation and frame-up is the act of fabricating criminal facts, making false reports, and intending to frame others (including prisoners). This crime may not only cause innocent people to be wrongly punished and their legitimate rights and interests to be infringed, 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 fictitious criminal facts on the victim. If a person has committed a certain crime and then fabricates that he has committed another crime, this crime may still be committed. False accusations and frame-ups are usually manifested in making false reports to judicial organs or organizations, including signed, anonymous or pseudonymous reports; however, those who write in the name of others, distribute counter-revolutionary slogans, leaflets, or use other methods to frame others are generally It is also treated as false accusation and frame-up.

The crimes of false accusation and frame-up are all committed against specific individuals; for the purpose of seeking credit or reward or other personal purposes, lying about the situation but not reporting the specific person does not constitute this crime. The subjective element of this crime is intentionality. If there is no intentional false accusation, but a false accusation or misreporting due to an inaccurate understanding of the situation, it does not constitute a crime. As long as the act of false accusation and frame-up is carried out, regardless of whether the victim is wrongly convicted, it can constitute the crime of false accusation and frame-up. Any state functionary who commits the crime of frame-up shall be severely punished.

2. The crime of perjury

During investigations and trials, witnesses, appraisers, recorders, and translators deliberately make false certifications, appraisals, and Recording and translating with the intention of framing others or concealing criminal evidence. Carrying out this crime may not only infringe upon the legitimate rights and interests of citizens, but also hinder the normal activities of judicial organs. The subjects of this crime are limited to witnesses, appraisers, recorders, and translators. The objective aspect of this crime is to make false certifications, appraisals, records or translations of plots that are important to the case during investigation and trial. "Circumstances that are important to the case" refer to circumstances that are relevant to determining whether the case constitutes a crime, the nature of the crime, and the severity of the sentence. Providing perjury about irrelevant circumstances that does not affect the handling of the case does not constitute this crime. The subjective aspect of this crime is intentionality, with the purpose of framing others or concealing evidence of crime or shielding the perpetrator. If it is due to an inaccurate understanding of the situation, or due to low professional level, temporary negligence, etc., that the proof, appraisal, record or translation provided is inconsistent with the actual situation, this crime will not be constituted.

Crimes that violate citizens’ democratic rights

1. Crimes of sabotaging elections

Violating the provisions of the election law, using violence, threats, deception, bribery and other illegal means, Acts that disrupt elections or prevent voters from freely exercising their right to vote and stand for election. The objective aspect of this crime can be manifested in a variety of sabotage acts:

① Acts directed at election staff, such as using the above means to enable election staff to engage in electoral fraud or to prevent election staff from performing election duties etc.;

② Actions against voters, such as forcing or bribing voters to elect someone or not to elect someone against their will, or preventing voters from voting, etc.;

③ Targeting election activities Behaviors carried out, such as disrupting the election venue and making it impossible to conduct the election; forging election documents; falsely reporting the number of election votes, etc. The subject of this crime can be an ordinary citizen or an election worker. The subjective aspect of this crime can only be intentional.

2. Crime of retaliation and frame-up

State officials abuse their power, seek public benefit for personal gain, and engage in acts of retaliation and frame-up against accusers, complainants, and critics. The infringement objects of this crime are accusers, complainants and critics, and the object of the crime is the democratic rights of citizens to criticize, accuse and appeal. There are various means of revenge and frame-up, and criminals often use multiple means at the same time to severely attack and persecute the victims politically, economically and in other aspects, causing serious damage to their legitimate rights and interests. If a state employee retaliates and frames others without abusing his power as a means, he will not be convicted of the crime of retaliation and frame-up, and will be treated as the crime he committed.

3. The crime of illegally depriving citizens of their freedom of religious belief

It is a serious act by state functionaries to illegally deprive others of their legitimate freedom of religious belief. The Chinese Constitution stipulates that citizens have the freedom to believe in religion, which refers to legal beliefs in Christianity, Catholicism, Buddhism, Taoism, Islam, etc. Illegal deprivation of freedom of religious belief may take many forms, such as using violence and threats to prohibit others from believing in religion and preventing them from participating in normal religious activities; illegally disrupting normal religious activities, etc. If the above-mentioned conduct is serious, it shall constitute this crime.

4. The crime of infringing on the customs and habits of ethnic minorities

The objective aspect of this crime is the illegal infringement of the customs and habits of ethnic minorities, such as forcing ethnic minorities to change their customs and habits, destroying ethnic minorities Legitimate activities held in accordance with the customs and habits of the nation, etc. The subject of this crime can only be a state functionary. If the above-mentioned conduct is serious, it shall constitute this crime.

5. The 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. Concealing means hiding other people's letters. To destroy is to tear up, burn, or throw away other people's letters. Illegal opening means peeking into the contents of other people's letters. As long as one of the above acts is carried out and the circumstances are serious, this crime can be constituted. "Serious circumstances" mainly refer to those who hide, destroy, and open a large number of other people's letters; those whose means and motives are particularly bad; those who refuse to change despite repeated admonitions; those who cause serious consequences, etc. The subjective element of this crime is intentionality. It does not constitute a crime to inadvertently lose, backlog, or destroy other people's letters, or to mistakenly open other people's letters as one's own. The subjects of this crime are ordinary citizens. If postal staff take advantage of their position to commit the above-mentioned acts, and the circumstances are serious, they will be dealt with in accordance with special provisions of China's criminal law (see the crime of dereliction of duty).