AMENDMENT TO CRIMINAL LAW

    In order to punish the crimes disrupting the order of socialist market economy and safeguard the smooth progress
of socialist modernization construction, Criminal Law is supplemented and amended as follows:

    1. A new clause shall be added to behind Article 162 and arranged as part of contents of Article 162:
Whoever conceals or intentionally destroys accounting vouchers, account books or financial and accounting reports that shall be kept
according to law, shall, If circumstances are serious, be sentenced to fixed-term imprisonment of not more than five years or criminal
detention, and shall impose or shall impose only, a fine of not less than 20,000 yuan and not more than 200,000 yuan.

    Where a unit commits the crime mentioned in the preceding paragraph,
it is fined, and the persons who are directly in charge and the other
persons who are directly responsible for the crime shall be punished in
accordance with the provisions of the preceding paragraph.

    2. The Article 168 of Criminal Law shall be amended as:

    If the staff of a State-owned company or enterprise, because of
seriously neglecting his duties or abusing his powers, causes bankruptcy
or heavy losses to the company or enterprise, and results in heavy losses
of the interests of the state, he shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention: if
resulting in especially heavy losses of the interests of the state, he
shall be sentenced to fixed-term imprisonment of not less than three years
but not more than seven years.

    If the staff of a State-owned institution commits the acts mentioned in the preceding paragraph, and results
in heavy losses of the interests ?of the state, he shall be punished in accordance with the provisions of preceding paragraph.

    If the staff of a State-owned company, enterprise or institution practices illegalities for personal interests
or by fraudulent means and commits the crimes mentioned in the preceding two paragraphs, he shall be given a heavier punishment
in accordance with the provisions of the first paragraph.

    3. The Article 174 shall be amended as:

    Whoever establishes commercial banks, stock exchanges, futures exchanges, securities companies, futures brokering
companies, insurance companies or any other financial departments without the approval of the relevant state departments in charge,
he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall impose, or shall
impose only, a fine of not less than 20,000 yuan but not more than 200,000 yuan;

    If the circumstance is serious, he shall be sentenced to fixed-term imprisonment of not less than three years
but not more than 10 years and shall also impose a fine of not less than 50,000 yuan but not more than 500,000 yuan.

    Whoever forges, alters or transfers the licenses for operation or documents of approval of commercial banks,
stock exchanges, futures exchanges, securities companies, futures brokering companies, insurance companies, or any other financial
institutions shall be punished in accordance with the provisions of the preceding paragraph.

    Where a unit commits any of the crimes mentioned in the preceding two paragraphs, it shall be fined, and
the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance
with the provisions of the first paragraph.

    4. Article 180 shall be amended as:

    Any insider of inside information about any stock exchange transactions or futures trading, or anyone illegally
obtaining such information, prior to the publication of the information that concerns stock issuing, stock exchange transactions
or futures trading , or that has a vital bearing  on the stock or futures price, buys or sells the said stock or is engaged
in futures trading relating to the said inside information, or divulges the said information shall , if the circumstances are serious,
be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined
not less than one time but not more than five times the illegal gains; if the circumstances are especially serious, he shall be
sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined not less than
one time but not more than five times the illegal gains.

    Where a unit commits the crime as mentioned in the preceding paragraph, it shall be fined, and the persons
who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-tem imprisonment
of not more than five years or criminal detention.

    The ranges of inside information and insiders shall be determined in accordance with the provisions of laws
or administrative regulations.

    5. The Article 181 of Criminal Law shall be amended as:

    Where whoever fabricates and spreads false information affecting stock exchange or futures trading, and disrupts
the stock exchange market and futures exchange market he shall, if the consequences are serious, be sentenced to fixed-term imprisonment
of not more than five years or criminal detention and shall also, or shall only, be fined not less than 10,000 yuan but not more
than 100,000 yuan .

    Any employee of stock exchanges, futures exchanges, securities companies or futures brokering companies or
any member of securities associations, futures associations or departments for securities and futures administration who deliberately
provides false information or forges, alters or destroys transaction records in order to cajole investors into buying or selling
securities or futures contracts and results in serious consequences, shall be sentenced to fixed-term imprisonment of not more
than five years or criminal detention and shall also, or shall only , be fined not less than 10,000 yuan but not more than 100,000
yuan ; if the circumstances are especially serious , he shall be sentenced to fixed-term imprisonment of not less than five years
but not more than ten years and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan .

    Where a unit commits any of the crimes mentioned in the preceding two paragraphs, it shall be fined, and
the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention.

    6. Article 182 of Criminal Law shall be amended as;

    Whoever commits any of the following acts by rigging stock, futures business prices in order to obtain illegitimate
profits or transfer risks shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than five
years or criminal detention and shall also, or shall only, be fined not less than one time but not more than five times the illegal
gains:
(1) Centralizing capital superiority and holding stock or holding the superiority of stock or taking advantage of stock to buy or
sell jointly or continuously, and to milk securities and trading prices of futures by individual or joint plot;
(2) Conducting the trade of securities and futures each other by initially stipulated time, price and method, or buying or selling
the securities unowned and affecting the prices of securities and futures or the amount ?of the trade of securities and futures;
(3) Affecting stock or futures prices or the amount of stock or futures transactions by taking himself as the counterpart of transaction
and trading in stocks with himself without transferring ownership of the stock ?, or taking himself as the counterpart of transaction
and buying or selling his own futures contracts;
(4) Rigging stock or futures prices by any other means.

    Where a unit commits any of the crimes mentioned in the preceding paragraph, it shall be fined, and the persons
who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment
of not more than five years or criminal detention.

    7. Article 185 of Criminal Law shall be amended as:

    The members of commercial banks, stock exchanges, futures exchanges, securities companies, futures brokering
companies, insurance companies or any other financial institutions taking advantage of his position, and misappropriating money
belonging to the unit to which he belongs or any client shall be convicted and punished according to the provisions of Article
272 of this Law.

    Any members of State-owned commercial banks, stock exchanges, futures exchanges, securities companies, futures  brokering
companies, insurance companies or any other State-owned financial institutions or any person who is assigned by a State-owned commercial
bank, stock exchange, futures exchange, securities company , futures brokering company, insurance company or any other State-owned
financial institution to a financial institution that is not owned by the State to be engaged in public service commits the act
mentioned in the preceding paragraph, he shall be convicted and punished according to the provisions of Article 384 of this Law.

    8. An item shall be added to Article 225 of Criminal Law and be arranged as the item 3:

    illegally engaged in securities , futures or insurance business without the approval of the relevant state
department in charge.
The original item 3 shall be rearranged as item 4.

  Part One  General Provisions

    Chapter I  The Tasks, 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 Rendering Meritorious Service

      Section 4  Combined Punishment for Several Crimes

      Section 5  Suspension of Sentence

      Section 6  Commutation of Punishment

      Section 7  Parole

      Section 8  Limitation

    Chapter V  Other Provisions

  Part Two  Specific Provisions

    Chapter I  Crimes of Endangering the State Security

    Chapter II  Crimes of Endangering Public Security

    Chapter III  Crimes of Undermining the Socialist Market Economic Order

      Section 1  Crimes of Production and Sale of Fake or Substandard

                 Commodities

      Section 2  Crimes of Smuggling

      Section 3  Crimes of Impairing Order of Administering upon Companies

                 and Enterprises

      Section 4  Crimes of Undermining Order of Administering upon Banking

      Section 5  Crimes of Financial Fraud

      Section 6  Crimes of Endangering Taxes Collection and Administration
?     Section 7  Crimes of Infringing upon Intellectual Property Rights

      Section 8  Crimes of Disturbing Market Order

    Chapter IV  Crimes of Infringing upon the Rights of the Person and the

                Democratic Rights of Citizens

    Chapter V  Crimes of Property Violation

    Chapter VI  Crimes of Obstructing the Administration of Public Order

      Section 1  Crimes of Disturbing Public Order

      Section 2  Crimes of Impairing Judicial Activities

      Section 3  Crimes of Impairing Regulations of National Boundary

                 (Borderline)

      Section 4  Crimes of Impairing Regulations of Cultural Relics

      Section 5  Crimes of Endangering Public Health

      Section 6  Crimes of Undermining Protection of Environmental Resource

      Section 7  Crimes of Smuggling, Trafficking in, Transporting and

                 Manufacturing Narcotic Drugs

      Section 8  Crimes of Organizing, Forcing, Luring, Sheltering and

                 Introducing Women into Prostitution

      Section 9  Crimes of Manufacturing, Trafficking in and Disseminating

                 Pornographic Articles

    Chapter VII  Crimes of Endangering Interests of National Defence

    Chapter VIII  Crimes of Embezzlement and Bribery

    Chapter IX  Crimes of Dereliction of Duty

    Chapter X  Crimes Contrary to Duties Committed by Servicemen

  Supplementary Provisions

    Article 1  This Law is formulated with a view to punishing crimes and
protecting the people, and in accordance with the Constitution, and in
the light of the concrete experiences in fighting against crimes
and the actual circumstances.

    Article 2  The tasks of the Criminal Law of the People’s Republic
of China are to use criminal punishments to fight against all criminal acts
in order to defend the security of the State; to defend the political
power of the people’s dictatorship and socialist system; to protect
property owned by the State and the property collectively owned by the
working people; to protect the citizens’ privately owned property;
to protect the citizens’ rights of the person and their democratic and
other rights; to maintain public order and economical order, and to safeguard
the smooth progress of the cause of the socialist revolution and socialist
construction.

    Article 3  Where an act is expressly defined in laws as a criminal act, it
shall be determined and punished as a criminal act in accordance with the law;
where an act is not expressly defined in the laws as a criminal act, it shall
not be determined and punished as a criminal act.

    Article 4  Anyone who commit a crime shall be equal in applying the law.
No one is privileged to be beyond the law.

    Article 5  The lightness or heaviness of the punishments shall be in
accordance with the criminal acts and the criminal responsibility of
the criminals.

    Article 6  This Law is applicable to anyone who commits a crime
within the territory of the People’s Republic of China, unless the case is
covered by special legal provisions.

    This Law is also applicable to anyone who commits a crime on board
a ship or an aircraft of the People’s Republic of China.

    If the criminal act or its consequence takes place within the territory
of the People’s Republic of China, the crime shall be deemed to have been
committed within the territory of the People’s Republic of China.

    Article 7  This Law is applicable to the citizens of the People’s
Republic of China who commit crimes prescribed in this Law outside the
territory of the People’s Republic of China; however, they may not be
investigated if for those crimes this Law prescribes a maximum punishment
of fixed-term imprisonment of not more than three years.

    This Law is applicable to state functionaries and servicemen of the
People’s Republic of China who commit crimes outside the territory of the
People’s Republic of China.

    Article 8  This Law may be applicable to any foreigner who commits
a crime outside the territory of the People’s Republic of China,
against the state of the People’s Republic of China or against its citizens,
if for that crime this Law prescribes a minimum punishment of fixed-term
imprisonment of not less than three years; however, this does not
apply to a crime that is not punishable according to the law of the place
where it was committed.

    Article 9  This Law is applicable to the crimes prescribed in the
international treaties concluded or acceded to by the People’s Republic of
China and over which the People’s Republic of China has criminal jurisdiction
within its obligation in accordance with the treaties.

    Article 10  If any person commits a crime outside the territory of the
People’s Republic of China for which according to this Law he would
bear criminal responsibility, he may still be dealt with according to this
Law, even if he has already been tried in a foreign country. However, if
he has already received criminal punishment in the foreign country, he
may be exempted from punishment or given a mitigated punishment.

    Article 11  The criminal responsibility of foreigners who enjoy
diplomatic privileges and immunities shall be resolved through diplomatic
channels.

    Article 12  If an act committed after the founding of the People’s
Republic of China and before the entry into force of this Law was not deemed
a crime under the laws in force at the time, those laws shall apply. If the
act was deemed a crime under the laws in force at that time and is subject to
prosecution under the provisions of Section 8, Chapter IV of the General
Provisions of this Law, criminal responsibility shall be investigated
according to those laws. However, if this Law does not deem it a crime or
imposes a lighter punishment, this Law shall apply.

    Section 1  Crimes and Criminal Responsibility

    Article 13  A crime refers to an act that endangers the sovereignty
and territorial integrity and security of the state; dismembers the state and
subverts the political power of the people’s dictatorship and overthrows
the socialist system; disrupts social order and economic order; violates
property owned by the state or collectively owned by the working people;
violates the citizens’ privately owned property or infringes upon the
citizens’ rights of the person and their democratic and other rights; and any
other act that endangers society and is punishable according to law. However,
an act that is clearly of minor importance and little harm shall not be
considered a crime.

    Article 14  An intentional crime refers to a crime committed by a
person who clearly knows that his act will produce socially dangerous
consequences but who wishes or allows such consequences to occur.

    Criminal responsibility shall be borne for intentional crimes.

    Article 15  A negligent crime refers to a crime committed by a
person who should have foreseen that his act would possibly produce
socially dangerous consequences but who fails to do so through negligence
or, having foreseen the consequences, readily believes that they can be
avoided, the result being that these consequences do occur.

    Criminal responsibility shall be borne for negligent crimes only when
the law so provides.

    Article 16  If an act in fact results in harmful consequences due to
unavoidable or unforeseeable causes rather than intent or negligence, it
shall not be a crime.

    Article 17  Any person who has reached the age of 16 and who
commits a crime shall bear criminal responsibility.

    Any person who has reached the age of 14 but not the age of 16 and
who commits homicide, intentionally injuring another person resulting in
serious bodily injury or death, rape, robbery, selling narcotic drugs, arson,
causing explosion, or spreading poisons, shall bear criminal responsibility.

    Any person who has reached the age of 14 but not the age of 18 and
who commits a crime shall be given a lighter or mitigated punishment.

    If a person is not punished because he has not reached the age of 16,
the head of his family or his guardian shall be ordered to discipline and
educate him. When necessary, he may also be taken in by the government
for reeducation.

    Article 18  If a mental patient causes dangerous consequences at a
time when he is unable to recognize or control his own conduct, and such
a circumstance is confirmed by a forensic doctor, he shall not bear criminal
responsibility, but his family members or guardian shall be ordered to keep
him under strict surveillance and arrange for his medical treatment. When
necessary, he may also be arranged for medical treatment under coercion by
the government.

    Any person whose mental illness is of an intermittent nature shall
bear criminal responsibility if he commits a crime when he is in a normal
mental state.

    Any mental patient who does not lose completely the ability to recognize
or control his own conduct and commits a crime shall bear criminal
responsibility, but he may be given a lighter or mitigated punishment.

    Any intoxicated person who commits a crime shall bear criminal
responsibility.

    Article 19  Any deaf-mute or blind person who commits a crime
may be given a lighter or mitigated punishment or be exempted from punishment.

    Article 20  Where a person conducts an act to stop an unlawful
infringement in order to avert an immediate and unlawful infringement of
the state’s interest or of the public interest or of his own or another
person’s rights of the person, or property rights, or other rights, resulting
in harm to the unlawful infringer, such an act shall be justifiable defence,
and criminal responsibility shall not be borne for such an act.

    Criminal responsibility shall be borne if justifiable defence apparently
exceeds the limits of necessity and causes serious harm; however, a
mitigated punishment or exemption from punishment shall be given.

    Where a defence is conducted to an immediate violent crime of committing
physical assault, committing homicide, robbery, rape, kidnapping, and other
crimes seriously endangering the security of a person, and it causes bodily
injury or death to the unlawful infringer, such an act shall not be defence
that exceeds the limits of necessity, and criminal responsibility shall not
be borne for such an act.

    Article 21  Criminal responsibility shall not be borne for an act that
a person is compelled to commit in an emergency to avert an immediate
danger to the state’s interest or the public interest or to his own or another
person’s rights of the person or property rights or other rights, and that
causes harm.

    Criminal responsibility shall be borne if an act committed in an
emergency to avert danger exceeds the limits of necessity and causes
undue harm; however, a mitigated punishment or exemption from punishment
shall be given.

    The provisions of the first paragraph of this Article with respect to
averting danger to oneself shall not apply to a person who is charged with
specific responsibility in his post or profession.

    Section 2  Preparation for a Crime, Criminal Attempt and Discontinuation
of a Crime

    Article 22  Preparation for a crime refers to the preparation of the
instruments or the creation of the conditions for a crime.

    An offender who prepares for a crime may, in comparison with one
who completed the crime, be given a lighter or mitigated punishment or
be exempted from punishment.

    Article 23  A criminal attempt refers to a case where an offender
has already begun to commit a crime but is prevented from completing
it for reasons independent of his will.

    An offender who attempts to commit a crime may, in comparison
with one who completed the crime, be given a lighter or mitigated punishment.