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Refer to the relevant provisions of the Criminal Law of the People's Republic of China.
Article 8: Where foreigners commit crimes against the State or citizens of the People's Republic of China outside the territory of the People's Republic of China, and the minimum sentence provided for in this Law is three or more years imprisonment, this Law may be applied, except where they are not punished in accordance with the laws of the place where the crime was committed.
Hope it helps.
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According to the laws of our country, if the other party's conduct is not considered illegal in the place where the act is conducted, China will not pursue it. Where the criminal law provides a sentence of up to 2 years imprisonment for the conduct committed, the punishment may not be pursued, and where the sentence is more than 2 years imprisonment, life imprisonment, or the death penalty, criminal responsibility shall be pursued in accordance with the laws of our country, but where punishment has already been received at the place where the crime was committed, the punishment may be commuted.
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There is a mistake upstairs, it should be a minimum sentence of more than 3 years in prison. To add, we can only pursue him when he enters China.
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Accountability shall be pursued in accordance with the laws of our country.
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Legal Analysis: Foreigners who violate the law shall be convicted and sentenced in accordance with the relevant criminal laws. Where foreigners commit crimes within the territory of the People's Republic of China, including ships or aircraft of the People's Republic of China, they are to be convicted and sentenced in accordance with the national criminal law.
Where one of the acts or results of a crime occurs within the territory of the People's Republic of China, it is considered to be a crime within the territory of the People's Republic of China. Where foreigners commit crimes against the State or citizens of the People's Republic of China outside the territory of the People's Republic of China, and the minimum sentence provided for in this Law is three or more years imprisonment, the relevant criminal laws may be applied, except where they are not punished in accordance with the laws of the place where the crime was committed.
Legal basis: Criminal Law of the People's Republic of China
Article 6: This Law applies to all crimes committed within the territory of the People's Republic of China, except as otherwise provided by law. This Law also applies to any crime committed on board a ship or aircraft of the People's Republic of China. Where one of the acts or results of a crime occurs within the territory of the People's Republic of China, it is considered to be a crime within the territory of the People's Republic of China.
Article 8 This Law may apply to foreigners who commit crimes against the State or citizens of the People's Republic of China outside the territory of the People's Republic of China, and the minimum sentence provided for in this Law is three years or more imprisonment, except where they are not punished in accordance with the law of the place where the crime was committed.
Article 11 The criminal liability of foreigners who enjoy diplomatic privileges and immunities shall be resolved through diplomatic channels.
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Legal analysis: The legitimate rights and interests of foreigners to stay and reside in China include: 1. Legal stay and residence. 2. Work legally. 3. Those who are dissatisfied with compulsory measures and administrative punishments may apply for relief in accordance with law.
Legal basis: Article 32 of the Constitution of the People's Republic of China The People's Republic of China protects the legitimate rights and interests of foreigners within the territory of China, and foreigners within the territory of China must abide by the laws of the People's Republic of China.
The People's Republic of China may grant asylum to foreigners who seek asylum for political reasons.
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Legal Analysis: The legitimate rights and interests of foreigners to stay and reside in China include the following: 1. Legal stay and residence. 2. Work legally. 3. Those who are dissatisfied with compulsory measures and administrative punishments may apply for relief in accordance with law.
Legal basis: Article 32 of the Constitution of the People's Republic of China The People's Republic of China protects the legitimate rights and interests of foreigners within the territory of China, and foreigners within the territory of China must abide by the laws of the People's Republic of China.
The People's Republic of China may grant asylum to foreign group members who seek asylum for political reasons.
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1. From the perspective of criminal law, it depends on his identity, and if he is a person who enjoys diplomatic immunity, it must be resolved through diplomatic channels. If not, then through the protective principle of China's criminal law, China has the right to exercise.
2. From the perspective of foreign-related civil law, we can exercise jurisdiction in accordance with international principles and international practices such as the principle of equivalence and national treatment.
3. Proceed from national interests and safeguard the legitimate rights and interests of our country and citizens. If issues of public international law are involved, they could be referred to the Security Council for discussion, among other things.
Specific problems are analyzed on a case-by-case basis, and different countermeasures are taken only after that.
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First of all, it depends on his identity, and if he is a person with diplomatic immunity, it must be resolved through diplomatic channels. If not, the matter will be resolved through the laws of our country on the same basis as that of our citizens. As for the specific facts of the case, you are not very clear.
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Specifically, what is the situation?
Discipline inspection commissions do not have this right, unless they break the law and discipline.
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