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LAWS REGULATIONS
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases
2018
03-22
Decision of the Supreme People's Court on Amending the "Several Provisions of the Supreme People's Court on Restricting High Consumption by Persons Subject to Enforcement"
The 15 circumstances for reduced punishment as stipulated by the Criminal Law.
According to the Criminal Law of the People's Republic of China, the statutory mitigating circumstances for defendants in criminal cases are as follows: 1. Persons who are over fourteen but under eighteen years of age committing a crime should be given a lighter or reduced punishment. 2. Persons who are over seventy-five years of age committing intentional crimes may receive a lighter or reduced punishment; for negligent crimes, they should receive a lighter or reduced punishment. 3. Mentally ill individuals who have not completely lost the ability to recognize or control their own behavior when committing a crime may receive a lighter or reduced punishment. 4. Individuals who are both deaf and mute or blind committing a crime may receive a lighter, reduced, or exempted punishment. 5. Exceeding the necessary limits in emergency self-defense.
The Value and Implementation Rules of the Principle of Legality in Criminal Law
The core connotation of the contractualization of criminal law is the contractualization of the principle of legality. The unitary value of the principle of legality (which limits the state's power to impose criminal law in order to protect human rights) is the mainstream view in the current Chinese criminal law academia. This article argues that this is an outdated concept that should be replaced. Historical materialism posits that any entity (including... The core connotation of the contractualization of criminal law is the contractualization of the principle of legality. The unitary value of the principle of legality (which limits the state's power to impose criminal law in order to protect human rights) is the mainstream view in the current Chinese criminal law academia. This article argues that this is an outdated concept that should be replaced. Historical materialism posits that any entity (including...
The responsibility capacity of individuals with mental illness.
In practice, patients with mental illness typically fall into two categories. The first is the completely and truly mentally ill patient. Currently, these patients are entirely unable to recognize or control their own behavior, and this inability to recognize and control cannot be restored; it will persist and remain permanent. The second category is patients with intermittent episodes of mental illness, commonly referred to as intermittent mentally ill patients. These patients do not completely lack the ability to recognize and control their own behavior; rather, their ability to recognize and control their behavior is determined by their physical condition or the state of their mental illness. In other words, intermittent mentally ill patients are capable of recognizing and controlling their behavior when they are not experiencing an episode.