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1. The Criminal Law of the People's Republic of China shall of course apply to crimes committed within the territory of China.
2. For specific provisions, please refer to the Penal Code.
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1. First of all, the criminal law of our country applies to the act of smuggling by a certain organization. Refer to article 24 of the Criminal Law: Criminal cases are under the jurisdiction of the people's court at the place where the crime was committed.
The place where the crime was committed includes the place where the criminal act occurred and the place where the result of the crime occurred. This criminal act occurred within the territory of our country and should be under the jurisdiction of our country. International law stipulates China's territorial jurisdiction, which is based on territory, also known as territorial superiority, and the territorial jurisdiction of the state is exclusive, and the highest is limited by the norms of international law.
Except for foreign diplomacy** enjoying diplomatic privileges and immunities).
In addition, according to Article 20 of the Criminal Procedure Law, the Intermediate People's Court has jurisdiction over the following first-instance criminal cases: Criminal cases of crimes committed by foreigners in paragraph 3: 2. According to Article 320 of the Criminal Law of the People's Republic of China, whoever provides others with forged or altered passports, visas and other entry and exit documents, or ** passports, visas and other entry and exit documents, shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined; where the circumstances are serious, a sentence of five or more years imprisonment and a concurrent fine is to be given. It can be seen that this kind of behavior is a violation of the law in our country.
To sum up, according to China's criminal law, criminal procedure law and the principles of international law, this kind of crime falls under the jurisdiction of China.
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<> "Primary school students pull their classmates' schoolbags and cause them to fall and injure themselves, who bears the responsibility?"
Basic facts of the case. One day, Lei, a student at a primary school in Liuzhou City, Guangxi Zhuang Autonomous Region, was waiting in line for school when he pulled his classmate Mo's schoolbag and caused him to fall.
Later, after being diagnosed by the hospital, Mo's right hand fracture required hospitalization**, and his injury was assessed as a grade 10 disability by the judicial appraisal center. Due to the failure of the negotiation on compensation, Mo's parents sued the Rensong Dongmin Court of Liubei District, Liuzhou City, in the name of Mo, demanding that Lei's guardian and the school compensate for various losses totaling yuan.
Relevant Laws. According to the provisions of the Civil Code, if a person with no or limited capacity for civil conduct causes harm to others, the guardian shall bear tort liability. Where guardians fulfill their guardianship responsibilities, their tort liability may be reduced.
Where a person without capacity for civil conduct suffers personal injury during the period of study or life in a kindergarten, school, or other educational institution, the kindergarten, school, or other educational institution shall be liable, but those who can prove that they have fulfilled their educational or management duties shall not be liable.
Case analysis. In this case, Lei was a person with no capacity for civil conduct under the age of eight at the time of the incident, and lacked foresight of the consequences of pulling Mo's schoolbag, and caused Mo's physical injury, which was subjectively not intentional, but objectively caused the consequences of Mo's physical injury, so Lei should bear tort liability for the consequences of Mo's physical injury, and Lei's parents, as Lei's guardian, should bear civil liability for compensation.
Through the school's first data, it can be seen that in the process of queuing after school, the teacher failed to pay attention to the situation of students queuing forward, failed to find and stop students from making trouble in time, and avoided accidents, and there were omissions in management, for which the school should also bear the corresponding responsibility.
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<> Punitive damages may be claimed for infringement of intellectual property rights.
A certain industry science and technology **** is the exclusive implementation licensee of the new rice variety "Jinjing 818". In the case of an agricultural industry development **** without a seed production and operation license, it can publish "agricultural industry chain information matching" in the WeChat group to find potential traders.
After collecting the membership fee, provide seed transaction information, and arrange to send white bags without identification and labels, or "Jinjing 818" seeds packaged with other commodity grains after agreeing with the buyer on the transaction**, quantity, and delivery time.
A certain industry science and technology **** filed a lawsuit to order the development of an agricultural industry to stop the infringement and compensate for economic losses of 3 million yuan.
Adjudication Results. The effective judgment held that the development of an agricultural industry was the organizer and decision-maker of the allegedly infringing seeds, and its behavior constituted sales infringement.
The company refused to provide the relevant account books, so the trial court referred to its publicity materials, comprehensively considered the circumstances of the infringement, and presumed that the profits of the infringement amounted to more than 1 million yuan, and used this as the base. The company was aware of the infringing nature of the unauthorized sale of propagating material of the authorized variety.
Some of the packages of the allegedly infringing seeds sold were not marked with any information, and some of the packages were marked as other commercial grains, with obvious intent to cover up the infringement and evade liability, and there was malicious intent in infringement.
The production and operation of seeds without obtaining a seed production and business license may be found to be a serious infringement. Therefore, the trial court applied punitive damages in accordance with the law, determined the amount of punitive damages according to twice the base amount, and fully supported the right holder's claim.
Relevant Laws. Article 1185 of the Civil Code of the People's Republic of China.
Where the intellectual property rights of others are intentionally infringed and the circumstances are serious, the infringed party has the right to request corresponding punitive damages.
Article 1186 of the Civil Code of the People's Republic of China.
Article 1187 of the Civil Code of the People's Republic of China.
After the damage has occurred, the parties may negotiate the payment method of compensation costs.
Where neither the victim nor the perpetrator is at fault for the occurrence of the harm, the losses are to be shared by both parties in accordance with the provisions of the law.
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Criminal suspension refers to the act of a criminal voluntarily abandoning the crime or automatically and effectively preventing the occurrence of the criminal outcome in the course of committing the crime.
Genus for. In this case, B only called ** to A and said that what he gave was poisonous, and did not take strong measures such as going to A's house to get the poison back or taking other measures to prevent A from eating the poison, so theoretically speaking, the crime cannot be suspended, it is an attempt to commit a crime, I hope my answer can help you!
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To be able to achieve the goal without doing it is to stop, and to achieve the goal is restricted by the objective environment but it is impossible to achieve it is an attempt. There is only one stop form for a criminal incident, so after A throws away the medicine, an attempt is established. It is no longer possible to achieve the subsequent suspension.
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This is because the reason why the consequences of the crime did not occur is not the perpetrator's cause, but the non-perpetrator's cause, that is, the objective factor.
It is safer to define it as indirect and intentional. According to the title, it can be seen that Wang has a direct and deliberate supervisor mentality. >>>More
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Case 1. 1) Not assumed. Because the product has not yet entered the market, that is, the producer itself has not put the product into circulation, according to the provisions of the Product Quality Law, it is not liable for compensation. (In layman's terms, it is just kept in the warehouse, or it can not be sold). >>>More
The guardian has guardianship responsibility for the ward, so he has to pay back the money; However, A is at fault and must bear the responsibility for the fault. Therefore, the guardian can pay back a part less, and this part is borne by A.