When was the current counter-revolutionary crime abolished?

1March 1997 14 the criminal law revised by the fifth session of the eighth national people's congress came into force on1October 1997, thus abolishing this crime.

legal ground

The counter-revolutionary crimes stipulated in China's criminal law include the following:

Crime of betraying the motherland

Collusion with foreign countries, as an objective element of this crime, refers to collusion with foreign governments, not any ordinary foreigners. Conspiracy refers to conspiring with foreign countries to endanger China's sovereignty, territorial integrity and security, such as plotting to launch a war of aggression against China, selling or occupying China's territory, or carrying out other subversive activities against China. The subject of this crime is China citizens, mainly people who have stolen the important power of the party and government or have great political influence. Ordinary citizens take refuge in foreign countries, act as foreign spies, steal and spy on their own information for foreign countries, which constitutes espionage and may betray the motherland.

Crime of conspiring to subvert the government and split the country

The objective aspect of the crime of conspiring to subvert the government is to overthrow the people's government by open and secret, legal and illegal, peaceful and violent means, or to change the nature of the government and usurp power into their own hands. The objective aspect of the crime of conspiring to split the country is mainly manifested in plotting to launch a counter-revolutionary coup, splitting one side and openly opposing the Central People's Government. The subject of the above crimes can only be China citizens (mainly careerists and schemers who infiltrated the party, government and army).

Crime of sedition or rebellion

The objective aspect of this crime is to instigate rebellion or rebel against the enemy. Instigation means include threats of violence, material purchase, seduction of women, indoctrination of reactionary ideas, etc. The abettor of this crime is limited to specific personnel such as national staff, armed forces, civilian police and militia. , and the purpose of instigation is limited to make the above personnel to defect or carry out counter-revolutionary rebellion. Instigating the above-mentioned personnel to engage in other criminal activities, or instigating people other than the above-mentioned personnel to engage in counter-revolutionary activities, does not constitute this crime, and can only be dealt with as instigators of related crimes. The subject of this crime can be a citizen of China or a foreigner.

Crime of defecting to the enemy and betraying the country

The objective aspect of this crime is to take refuge in enemy camps at home and abroad and betray the revolution. In practice, most of them carry out counter-revolutionary activities in order to rely on the enemy, secretly leave the revolutionary ranks and go to the areas controlled by hostile forces at home and abroad. The subject of this crime can only be China citizens.

Crime of armed riot

The objective aspect of this crime is armed rebellion. Possession refers not only to the possession of weapons such as guns, but also to weapons such as knives, axes and sticks. Gathering people means that many people gather together to rebel together, and a single person cannot constitute this crime. Rebellion is an open riot, which is usually manifested in killing people, setting fires, attacking party and government organs, and looting weapons and ammunition, food, livestock or other property. , often causing extensive serious damage. In the event of rebellion, there are often people who don't know the truth or who are threatened. They should be distinguished from the counter-revolutionary rebels and not be investigated for criminal responsibility. In such cases, the ringleaders and other criminals play an active role.

Crime of gathering people to rob a prison

The act of people outside the prison ganging up to rob prisoners by violence. Violence refers to strong actions such as beating, binding, killing prison guards, smashing prison gates, and robbing prison guards of weapons. Criminals in custody refer to all kinds of criminals who have been arrested and imprisoned. Gathering people means that many people gather together to commit a crime, and a single person cannot constitute this crime.

Crime of organizing prison break

The objective aspect of this crime is that two or more prisoners colluded secretly and escaped from prison in an organized and planned way; If a person escapes alone, it does not constitute this crime, but it shall be treated as the crime of escape. Generally, violent means are used to organize prison break, such as beating, binding, killing guards, breaking prison doors, etc. The subject of this crime is the criminal in custody, and what kind of crime has been committed does not affect the constitution of this crime. The subjective aspect of this crime is counter-revolutionary. If a prisoner does not escape for counter-revolutionary purposes, it shall be dealt with as the crime of escape in the crime of disturbing social management order.

Spy and espionage

Joining foreign spy organizations or enemy spy organizations at home and abroad, or accepting tasks assigned by the enemy, but not joining enemy spy organizations or spy organizations, stealing, spying on or providing domestic information for the enemy. Any of the above acts can constitute this crime. Agents and spies are important tools for the enemy to invade, subvert and destroy, and their essence is the same. The task of spies is mainly to adopt various secret means, including infiltrating into state organs and the army to collect all kinds of information; In addition to collecting information, spies also carry out sabotage activities such as killing, arson and explosion. The word "spy" is limited to intelligence destruction between countries; The word "spy" has no such restriction.

Crime against the enemy

The act of providing weapons, ammunition or other military supplies to the enemy. The enemy mentioned here refers to enemy camps at home and abroad, not to individual counter-revolutionaries hiding in China. This crime is limited to assisting the enemy with weapons, ammunition or other military materials (such as food and clothing). ). Whoever finances the enemy by providing information or instructing to bomb the target constitutes the crime of espionage, espionage and counter-revolutionary sabotage respectively, but it does not constitute the crime of collaborating with the enemy.

Crime of counter-revolutionary group

Counter-revolutionary group refers to a criminal organization that aims at counter-revolution and combines * * *. This kind of gang is different from ordinary crimes, with more than three participants. Some counter-revolutionary groups also have names, programs and plans for counter-revolutionary activities, and they are well organized, generally for the purpose of carrying out various sabotage activities for a long time.

Organize and make use of feudal superstitions and cults.

The objective aspect of the crime of carrying out counter-revolutionary activities can be manifested in two acts: one is to use feudal superstition to carry out counter-revolutionary activities, which are mainly manifested in creating and spreading rumors, confusing people and creating confusion, and undermining revolution and construction in the form of counter-revolutionary activities; The other is to organize and use Federal-Mogul (Guan Yi Road, Jiugong Road and other reactionary feudal superstitious organizations banned by the people's government) to carry out counter-revolutionary activities, mainly for the purpose of counter-revolution, secretly colluding with others, resuming Federal-Mogul activities, manufacturing and spreading rumors, creating chaos, or planning and plotting riots. As long as one of the above acts is committed, it constitutes this crime.

Crime of counter-revolutionary sabotage

The objective aspects of this crime can be manifested in various destructive acts: ① explosion, arson, water cut off, using technology or other methods to destroy military equipment, production facilities, communication and transportation equipment, construction projects, accident prevention equipment or other public buildings and public property; (2) robbing national archives, military materials, industrial and mining enterprises, banks, shops, warehouses or other public property; Hijacking ships, planes, trains, trams and cars; (4) directing the enemy to bomb targets; (5) manufacturing, robbing or stealing guns and ammunition. Any 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 dealt with according to other related criminal offences, which does not constitute this crime.

Crime of counter-revolutionary homicide and injury

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

Crime of counter-revolutionary propaganda and incitement

The objective aspect of this crime is manifested in propaganda and incitement with counter-revolution as its content in oral and written form. This kind of propaganda and incitement is generally not directed at individuals but at the broad masses, which is obviously different from the act of instigating others to commit crimes in the same crime (such as instigating others to kill). The subjective aspect of this crime is aimed at counter-revolution, which is strictly different from the backward words and deeds of a few people and the wrong slogans written or shouted due to negligence.

Counter-revolutionary crime is the most serious crime in China's criminal law, which usually refers to an act aimed at overthrowing the current regime. The object of counter-revolutionary crime in China's criminal law is the regime of people's democratic dictatorship and the socialist system. The importance of the object of counter-revolutionary crime determines that counter-revolutionary crime is the most harmful crime in society. The objective aspect of counter-revolutionary crime is manifested as acts endangering the people and the state of China, that is, all kinds of acts endangering the state stipulated in Article 9 1 ~ 102 of China's Criminal Law. 1997 The new criminal law abolished the crime of counter-revolution and replaced it with the crime of endangering national security.