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Breaking the law and violating the criminal law are two concepts, and the relationship between the two is that of inclusion and inclusion, and breaking the law does not necessarily violate the criminal law, because any violation of the law is illegal, but not all violations will be criminally punished. In addition, a sentence for a serious violation of the law means that the punishment suffered for the violation of the law cannot be fully remedied and the criminal liability is pursued, usually stating that the ......... violatedwill be divided by detention, fines, and criminal liability for constituting a crime.
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Yes. Our country adheres to the principle of legality for crimes, and where the law clearly stipulates that it is a crime, it is convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.
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Legal analysisA serious offense is a criminal offense. A crime is an act that is harmful to society, violates the law and is punished by criminal punishment in accordance with the law. Criminal acts should be severely cracked down on in accordance with the law; It is well established that criminal penalties should be imposed on criminals.
As for ordinary illegal acts, people tend to ignore them, always believing that the circumstances are relatively minor, the harm to society is not great, and there is no criminal punishment, so they do not have to bear legal responsibility. In fact, as long as it is an illegal act, it must bear its corresponding legal responsibility. Although the general illegal acts are not harmful to society and the circumstances are minor, they also bring damage to the country and the people, so they should be punished accordingly.
Civil violations are subject to civil liability, and administrative violations are subject to administrative sanctions. Moreover, if some ordinary illegal acts are not punished and punished in a timely manner, they may even develop into crimes, thus bringing greater harm to society.
Legal basisCriminal Law of the People's Republic of China: Article 3: Where the law expressly provides that it is a crime, it shall be convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.
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Legal analysis: If there is no crime, if you do not do it, you will be sentenced, and you will be given a major demerit according to the actual situation; where the circumstances are more serious, sanctions of demotion or removal are to be given; where the circumstances are serious, give Kaihuiwu a sanction. If you are suspected of serious violations of discipline and law, even if you accept disciplinary review and supervision investigation, you will not necessarily be sentenced, and you need to rely on what kind of violation of discipline and law you are suspected of.
Legal basis: Article 397 of the Criminal Law: Where a functionary of a state organ abuses his power or neglects his duties, causing major losses to public property or the interests of the state or the people, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the circumstances are especially serious, the sentence is to be between three and seven years imprisonment. Where this Law provides otherwise, follow those provisions.
Where employees of state organs twist the law for personal gain and commit the crimes described in the preceding paragraph, they are sentenced to up to five years imprisonment or short-term detention; where the circumstances are especially serious, the sentence is to be between 5 and 10 years imprisonment. Where this Law provides otherwise, follow those provisions.
Article 29 of the Regulations on Disciplinary Sanctions of the Communist Party of China: Where Party organizations discover in the course of a disciplinary review that Party members have seriously violated discipline and are suspected of violating the law or committing crimes, in principle, a Party discipline sanction decision is to be made first, and after giving governmental sanctions in accordance with provisions, it is then transferred to the relevant state organs for handling in accordance with law.
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Serious offenses, things that will definitely be sentenced.
It depends on what kind of violation it is.
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The answer is yes, and it will undoubtedly be dealt with in accordance with the regulations.
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Legal analysis: General violations, only violating the prohibitions of the law, the circumstances are obviously minor, and no sentence is required, but corresponding administrative penalties are required.
Legal basis: Article 9 of the Administrative Punishment Law of the People's Republic of China Types of administrative punishments:
1) Warnings and circulars of criticism;
2) Fines, confiscation of unlawful gains, and confiscation of illegal property;
3) Temporarily withholding licenses, lowering qualification levels, or revoking licenses;
4) Restricting the carrying out of production and business activities, ordering the suspension of production and business, ordering closure, or restricting employment;
5) Administrative detention;
6) Other administrative punishments provided for by laws and administrative regulations.
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Those suspected of criminal offences are generally sentenced to prison. Suspected of serious violations of discipline refers to the involvement of major violations of discipline and laws, and violations of the principle of prudence, and the suppression of disorder generally refers to violations of discipline by Party members. Suspected of serious violations of discipline need to be investigated by the national law enforcement department, and after the evidence is conclusive, it will be punished in accordance with the relevant national law on the lack of travel.
According to the legal procedure, this is a kickback, which is illegal, but it is not serious, and it is better to cover it up.
The difference between breaking the law and committing a crime is actually quite large, and the circumstances of the violation are generally relatively minor, but the punishment for the crime is the most severe, so the two are different, so what are the specific differences? Let's see what the lawyer has to say!
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