书 山 有 路 1 Criminal Law of the People s Republic of China Adopted at the Second Session of the Fifth National People s Congress on July 1 1979 revised at the Fifth Session of the Eighth National People s Congress on March 14 1997 and promulgated by Order No 83 of the President of the People s Republic of China on March 14 1997 Contents Part One General Provisions Chapter I The Aim Basic Principles and Scope of Application of the Criminal Law Chapter II Crimes Section 1 Crimes and Criminal Responsibility Section 2 Preparation for a Crime Criminal Attempt and Discontinuation of a Crime Section 3 Joint Crimes Section 4 Crimes Committed by a Unit Chapter III Punishments Section 1 Types of Punishments Section 2 Public Surveillance Section 3 Criminal Detention Section 4 Fixed term Imprisonment and Life Imprisonment Section 5 The Death Penalty Section 6 Fines Section 7 Deprivation of Political Rights Section 8 Confiscation of Property Chapter IV The Concrete Application of Punishments Section 1 Sentencing Section 2 Recidivists Section 3 Voluntary Surrender and Meritorious Performance Section 4 Combined Punishment for Several Crimes Section 5 Suspension of Sentence 书 山 有 路 2 Section 6 Commutation of Punishment Section 7 Parole Section 8 Limitation Chapter V Other Provisions Part Two Specific Provisions Chapter I Crimes of Endangering National Security Chapter II Crimes of Endangering Public Security Chapter III Crimes of Disrupting the Order of the Socialist Market Economy Section 1 Crimes of Producing and Marketing Fake or Substandard Commodities Section 2 Crimes of Smuggling Section 3 Crimes of Disrupting the Order of Administration of Companies and Enterprises Section 4 Crimes of Disrupting the Order of Financial Administration Section 5 Crimes of Financial Fraud Section 6 Crimes of Jeopardizing Administration of Tax Collection Section 7 Crimes of Infringing on Intellectual Property Rights Section 8 Crimes of Disrupting Market Order Chapter IV Crimes of Infringing upon Citizens Right of the Person and Democratic Rights Chapter V Crimes of Property Violation Chapter VI Crimes of Obstructing the Administration of Public Order Section 1 Crimes of Disturbing Pubic Order Section 2 Crimes of Impairing Judicial Administration Section 3 Crimes Against Control of National Border Frontier Section 4 Crimes Against Control of Cultural Relics Section 5 Crimes of Impairing Public Health Section 6 Crimes of Impairing the Protection of Environment and Resources Section 7 Crimes of Smuggling Trafficking in Transporting and Manufacturing Narcotic Drugs 书 山 有 路 3 Section 8 Crimes of Organizing Forcing Luring Sheltering or Procuring Other Persons to Engage in Prostitution Section 9 Crimes of Producing Selling Disseminating Pornographic Materials Chapter VII Crimes of Impairing the Interests of National Defence Chapter VIII Crimes of Embezzlement and Bribery Chapter IX Crimes of Dereliction of Duty Chapter X Crimes of Servicemen s Transgression of Duties Chapter XI Supplementary Provisions Part One General Provisions Chapter I The Aim Basic Principles and Scope of Application of the Criminal Law Article 1 In order to punish crimes and protect the people this Law is enacted on the basis of the Constitution and in the light of the concrete experiences and actual circumstances in China s fight against crimes Article 2 The aim of the Criminal Law of the People s Republic of China is to use criminal punishments to fight against all criminal acts in order to safeguard security of the State to defend the State power of the people s democratic dictatorship and the socialist system to protect property owned by the State and property collectively owned by the working people and property privately owned by citizens to protect citizens rights of the person and their democratic and other rights to maintain public and economic order and to ensure the smooth progress of socialist construction Article 3 For acts that are explicitly defined as criminal acts in law the offenders shall be convicted and punished in accordance with law otherwise they shall not be convicted or punished Article 4 The law shall be equally applied to anyone who commits a crime No one shall have the privilege of transcending the law Article 5 The degree of punishment shall be commensurate with the crime committed and the criminal responsibility to be borne by the offender Article 6 This Law shall be applicable to anyone who commits a crime within the territory and territorial waters and space of the People s republic of China except as otherwise specifically provided by law This Law shall also be applicable to anyone who commits a crime on board a ship or aircraft of the People s Republic of China 书 山 有 路 4 If a criminal act or its consequence takes place within the territory or territorial waters or space of the People s Republic of China the crime shall be deemed to have been committed within the territory and territorial waters and space of the People s Republic of China A