Criminal Law | Crime of interfering with the administration of public order 1, disturbing public order

2022-05-01 0 By

One is the crime of obstructing public service.In principle, the threat of violence procedure should be used.There are exceptions, however, if it is a national security mission that is obstructed, even if it is not a threat of violence, because it affects the national interest.In addition, the crime of assaulting police stands out from the crime of obstructing official business.Because its behavior is relative to the obstruction of public service crime to be more severe punishment, finally directly established the more serious assault police crime.At present, many police officers have died in the line of duty.Three to seven years for the use of a firearm, knife or motor vehicle assault.”Official”, who is performing official acts, because part of their official activities have been outsourced, is a public official.Official business is relatively expanded interpretation, as long as the implementation of official business is civil servants, whether there is no reference.After the police fine, he kicked the police two feet, does not constitute obstruction of public service crime.One, it’s almost harmless, and two, business is over.Even if it’s serious, it’s intentional injury.In the criminal law, the general range is less than 3 years of misdemeanour.But if there are serious consequences, such as death, this is converted to intentional wounding or manslaughter.In principle, those who commit any illegal act and then interfere with the public service should be punished concurrently.The exception is that obstruction of public service is only an aggravating circumstance in the case of drug smuggling and in the case of organizing the transport of others across national borders.Because the smuggling of drugs and the organization of transporting others across the border of the two behaviors are cross-border border behavior, smuggling behavior is also across the border, will often be subject to inspection and interrogation, it is easy to conflict with border personnel official activities, with typical, universal and even some inevitability.Second, the crime of cheating.Is posing as a state organ staff to cheat.It’s two acts of impersonation plus two acts of deception.Pure impersonation principle does not convict, impersonation after cheat such behavior damages the image of state staff.If the impersonator does not cheat but does good deeds, it is to add light to the image of the state organ staff.If you steal after impersonation, you’re guilty of robbery.After impersonating hijack aviation, set hijack aircraft crime.After impersonating to cheat is guilty of fraud.”Cheat”, can cheat money, power, status, honor.Example, there are individuals posing as traffic police to collect fines from others, a total of nine hundred yuan, determined the crime of cheating.No amount of money is enough to convict.As long as the deception constitutes.If the fraud is too much money, but also suspected of fraud, so the crime of fraud and fraud can also be competition and cooperation.The maximum mandatory sentence for fraud is 10 years, while the maximum sentence for fraud is life imprisonment.Therefore, if there is not much money defrauded, guilty.If you cheat too many millions, you’re guilty of fraud.Choose one felony.People who pretend to be people’s police officers (state functionaries) to wager and catch whoring prostitutes will be convicted of fraud, the Supreme People’s Court said in a judicial interpretation.If the Johns do not give money, but also the use of violence, this is cheating, is robbed, set robbery.Pretending to be a member of the public security team (non-state staff) to catch gambling catch piao, which is suspected of fraud extortion crime (scare people).If the Johns do not give money, but also the use of violence, this is cheating, is robbed, set robbery.Third, the crime of forging, altering, trading, using and stealing false identity documents.He who buys punishes him, and he who sells condemns him.Use false identity documents, the circumstances are minor to public security detention, relatively serious, constitute a crime.In the trial practice, the tolerance of using false identity documents is very low. Basically, as long as it is the use of false identity documents, many cases are determined to use false identity documents.Fourth, the crime of imposter.It is impostor to add replace, impostor is to pretend the identity of others (for instance, school records and name data), replace is replace qualification.For example, take the name of others to participate in the judicial examination, the result passed, the qualification is not replaced.For instance b had attended judicatory exam, obtain law to take an examination of result, but the name that armour braves b however replaces b legal qualification.The contents of the replacement include those illegally related to our vital interests, such as college admission qualification, civil servant recruitment qualification and employment placement treatment.Fifth, cheating in exams.Two important crimes, one is to organize the crime of cheating in exams.The other is the crime of substitute examination.The crime of organizing cheating in examinations is a business crime.In lieu of a crime of self – nature.The scope of the examination refers to the national examinations prescribed by law that are required by law to obtain a certain qualification (or profession).For example, to be a lawyer, the law of lawyers requires the law examination.Read an university, law of higher education asks to take an examination of.Become officeholder, officeholder law sets to want to take an examination of.Basically see a country whether legal regulation must want to have exam of this kind of national level.The CET-4 and CET-6 are not.It can be written, interview, oral and other forms.The crime of cheating in organizing examinations and the crime of substituting for examinations are identical in nature. They are both crimes of disturbing public order and disturbing the order of examinations.Examination order, requirements can not violate the order, improper examination rules.The question of the number of crimes, like a series of actions that are closely linked, leads to a conviction.If the tightness is not strong, the former and the latter are not necessary together, a certain crime.Crime of affray.The crime of affray is not punishable by law, so the ringleaders and active participants are punished, while the rest are innocent.Affray occurred mainly in rural areas.The statutory sentence for affray is usually less than 3 years, and the aggravated case is less than 10 years.The determination of affray should be cautious, and the conversion to intentional homicide (only specific person and organizer) should be more cautious.Affray resulting in death is determined as intentional homicide.This part of the argument, this is legal fiction (fiction is special), whether intentional negligence is.On the other hand, this is a general provision, that only intentionally constituted, the scope can not be broad.The exam will only test two ideas at the same time.Seven is to organize leaders to participate in the crime of underworld nature organization.Organizational leaders participate in the crime of organized underworld nature, organizational leaders, active participants, other participants are common organization.The organization, economy and violence of the three-level structure.Mafia-type organizations, now more civilized, exist in the form of companies or organizations, to achieve a monopoly of certain industries or regions, and this monopoly depends on violence or soft violence.Some village heads, sand industry, tableware and so on May be mandatory because of this violence, and finally form a monopoly.Monopoly is a certain form of the market, but not by violence.It may be a certain industry or region.It may be through violence, it may be through patronage, it may end up in a monopoly position of the region or industry, and at the same time, it will not allow other people to enter the region or industry.The number of SINS is the same as above.The punishment of black social organizations should be carried out with responsibility system. The punishment of the chief members is not necessarily heavier than that of other members, because the chief members know more when they do worse things, and are more likely to surrender and render meritorious service.Leaders who flee abroad may be punished less severely than activists when they return.Triad organization is a joint crime in essence.That is, after the platform is built, even if the back exit, but the organization is still running normally, it is still counted in the underworld organization.Eighth, the crime of gambling, the crime of opening casinos, the crime of organizing gambling abroad.The earliest only gambling crime one crime, three kinds of performance line, crowd gambling, gambling for the industry, open casinos.In 2006, heavy fines were introduced for gambling offences, which are more harmful.Casinos can be set up on-site or online.But there is a situation, some demonstration delegations to mainland, called tourism is gambling, it caused a huge outflow of domestic and overseas, the amount is particularly big, affect the domestic financial order, harm is big, so the organization to participate in overseas crime correctly separate from the crime correctly, whose SINS are heavier than crime correctly the penalty.The ninth crime of picking quarrels and provoking trouble.Crime of picking quarrels and provoking trouble, disturbing public order crime, can be understood as playing “small hooligan”.For example, when a family member dies in the hospital, the family members go to the hospital to make trouble by pulling up banners.For example, three people chase each other in the park, trying to make a fool of each other. They chase each other into a dead corner of the park.Pick a quarrel and make trouble.For example, a woman chased another woman down the street, causing trouble.It all happened in public places.”Small hooligan” is the crime of picking quarrels and provoking trouble, if “big hooligan”, it is a greater crime.The crime of collecting illegal debts.It is the crime of collecting illegal debts. When collecting debts, people may be beaten or imprisoned.For example, it looks like “unlawful detention,” but it’s not exactly the same. For example, it just goes along, even to the movies.If a debt collector eats and lives with the victim for a month, he is with the debtor, and does not deprive the debtor of his personal freedom, so it does not constitute a crime of illegal detention.Some debt collection activities are defined as provoking trouble, but they also need to cause serious disruption of social order.Just messing with the family doesn’t count either.If the whole corridor is painted in large letters, it affects public order, and that’s what counts.Such “house arrest”, which does not amount to detention, is now punishable by collecting illegal debts.Of course, if detained, it’s illegal detention.11. The crime of destroying computer information systems and related crimes.Crime involving computer, learning essentials, the original society is the real space, now part of the society has entered the virtual network society.If we map online society to the real world, real crime, then the Internet is also a crime.Looking forward to your likes and support