Criminal Law of the People's Republic of China - 1997 (page4)

Section 5 Crime of Financial Fraud
Article 192
A person who, for the purpose of illegal possession, collects capital illegally by means of swindling, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan if the amount involved is relatively huge; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property.

Article 193
A person who, under any of the following circumstances and for the purpose of illegal possession, swindles a loan of a bank or any other financial institution, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan if the amount involved is relatively huge; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property:

1. to fabricate false reasons such as introduction of a fund or project;

2. to use a false economic contract;

3. to use a false documentary evidence;

4. to use a false property certificates as guarantee or guarantee repeatedly by exceeding the value of security; or

5. to swindle a loan by any other manner.

Article 194
A person who, under any of the following circumstances, conducts swindling activities of financial bills, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan if the amount involved is relatively huge; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property:

1. knowingly to use a forged or an altered promissory note, bill of exchange or check;

2. knowingly to use an invalid promissory note, bill of exchange or check;

3. falsely to use other's promissory note, bill of exchange or check as his own;

4. to issue bounced checks or checks on which signatures are inconsistent with their reserved ones to defraud property; or

5. the drawer of promissory note or bill of exchange who issues the promissory note or bill of exchange without security of funds or produce a false record on the note or bill to defraud property.

A person who uses forged or altered other bank settlement receipts such as commission collection receipts, remittance receipts and bank deposit receipts shall be sentenced in accordance with the provisions of the preceding paragraph.

Article 195
A person who, under any of the following circumstances, conducts swindling activities of letters of credit, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property:

1. to use a forged or an altered letter of credit or attached note or document;

2. to use an invalid letter of credit;

3. to defraud a letter of credit; or

4. to conduct swindling activities of letters of credit by any other manner.

Article 196
A persons who, under any of the following circumstances, conducts swindling activities of credit cards, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan if the amount involved is relatively huge; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property:

1. to use a forged credit card;

2. to use an invalid credit card;

3. falsely to use any other's credit card as his own; or

4. to overdraw through malice.

To overdraw through malice mentioned in the preceding paragraph means an act that, for the purpose of illegal possession, a card holder overdraws by exceeding the prescribed amount limit or time limit and fails to return the money after the bank issuing the card urges him to pay it.

A person who steals and uses a credit card shall be convicted of a crime and sentenced in accordance with the provisions of Article 264 of this Law.

Article 197
A person who conducts swindling activities by using forged or altered treasury bills or any other securities issued by the state shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan if the amount involved is relatively huge; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property.

Article 198
A person who, under any of the following circumstances, conducts swindling activities of insurance, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine of not less than 10,000 yuan and not more than 100,000 yuan if the amount involved is relatively huge; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan or confiscation of property:

1. An insurance policy holder intentionally fabricates the object of insurance to defraud the insurance money;

2. An insurance policy holder, insurant or a beneficiary fabricates false reasons for or exaggerate the degree of loss on an insurance accident which has happened to defraud the insurance money;

3. An insurance policy holder, insurant or a beneficiary fabricates an insurance accident which never happens to defraud the insurance money;

4. An insurance policy holder or insurant intentionally causes an insurance accident with property loss to defraud the insurance money; or

5. An insurance policy holder or a beneficiary intentionally causes death, injury, disability or disease of the insurant to defraud the insurance money.

A person who commits an act listed in sub-paragraph 4 or 5 of the preceding paragraph and also constitutes any other crimes shall be sentenced in accordance with the provisions on combined punishment for several crimes.

If a unit commits a crime under paragraph 1, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years.

A verifier, witness or property assessor of insured event who intentionally makes a false documentary evidence and provides conditions for another person to swindle shall be sentenced as an accomplice of insurance swindling.

Article 199
A person who commits a crime set forth in Article 192, 194 or 195 of this Section shall, if the amount involved is especially huge and an especially heavy loss of the interests of the state and the people is caused, be sentenced to life imprisonment or death and concurrently to confiscation of property.

Article 200
If a unit commits a crime set forth in Article 192, 194 or 195 of this Section, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment.

Section 6 Crime of Jeopardizing the Administration of Tax Collection
Article 201
A taxpayer who fails to pay or underpays the amount of tax payable by means of forging, altering, concealing or destroying accounting books or vouchers for the accounts without approval, or overstating expenses or omitting or understating incomes in accounting books, or refusing to fill a tax declaration after notification by the tax authority, or filling a false tax declaration, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently to a fine of not less than one time and not more than five times the amount of tax evaded if the amount of tax evaded amounts to not less than 10% and not more than 30% of the amount of tax payable and the amount of tax evaded is not less than 10,000 yuan and not more than 100,000 yuan or if he commits tax evasion again after having been twice subjected to administrative sanctions by the tax authority for tax evasion; and if the amount of tax evaded amounts to not less than 30% of the tax payable and the amount of tax evaded is not less than 100,000 yuan, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine of not less than one time and not more than five times the amount of tax evaded.

A withholding agent who, by means listed in the preceding paragraph, fails to pay or underpays the tax which has been withheld or collected shall, if the amount involved amounts to not less than 10% of the amount of tax payable and is not less than 10,000 yuan, be sentenced in accordance with the provisions of the preceding paragraph.

A person who has repeatedly committed an act under the preceding two paragraphs without having been subjected to punishment shall be sentenced on the basis of the accumulated amount.

Article 202
A person who refuses to pay tax with resort to violence or threat shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently to a fine of not less than one time and not more than five times the amount of tax he has refused to pay; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine of not less than one time and not more than five times the amount of tax he has refused to pay.

Article 203
A taxpayer failing to pay tax who uses the means of transferring or concealing his property, thus resulting in the tax authority's inability to pursue the tax in arrears, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine of not less than one time and not more than five times the amount of tax in arrears if the amount involved is not less than 10,000 yuan and not more than 100,000 yuan; and if the amount involved is not less than 100,000 yuan, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine of not less than one time and not more than five times the amount of tax in arrears.

Article 204
A person who obtains fraudulently from the state a tax refund for exports by filling a false export declaration or any other deceptive means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine of not less than one time and not more than five times the amount of the tax refund which has been fraudulently obtained if the amount involved is relatively huge; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than one time and not more than five times the amount of the tax refund which has been fraudulently obtained; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than one time and not more than five times the amount of the tax refund which has been fraudulently obtained or confiscation of property.

A taxpayer who, after paying tax, obtains fraudulently the tax he has paid by using deceptive means mentioned in the preceding paragraph, shall be convicted of a crime and sentenced in accordance with the provisions of Article 201 of this Law; and if the amount of the tax fraudulently obtained exceeds the tax paid, shall be sentenced in accordance with the provisions of the preceding paragraph.

Article 205
A person who falsely fills out value-added tax invoices or any other invoices for obtaining fraudulently tax refunds on exported items or tax deduction shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan; if the amount involved in the falsification of the invoices is relatively huge or any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved in the falsification of the invoices is huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property.

A person who commits an act under the preceding paragraph and obtains fraudulently tax from the state shall be sentenced to life imprisonment or death and concurrently to confiscation of property if the amount involved is especially huge, the circumstance is especially serious and an especially great loss is caused to the state.

If a unit commits a crime set forth in this Article, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the amount involved in the falsification of the invoices is relatively huge or any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years; and if the amount involved in the falsification of the invoices is huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment.

To falsely fill out value-added tax invoices or any other invoices for obtaining fraudulently tax refunds on exported items or tax deduction means an act involving falsely filling out the invoices for oneself or for another person, allowing another person to falsely fill out the invoices for oneself or introducing another person to the action of falsely filling out the invoices.

Article 206
A person who counterfeits value-added tax invoices or sells counterfeited value-added tax invoices shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan; if the amount involved is relatively huge or any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property.

A person who counterfeits and sells counterfeited value-added tax invoices shall, if the amount involved is especially huge, the circumstance is especially serious and the economic order has been thereby undermined seriously, be sentenced to life imprisonment or death and concurrently to confiscation of property.

If a unit commits a crime set forth in this Article, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; if the amount involved is relatively huge or any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years; and if the amount involved is huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment.

Article 207
A person who illegally sells value-added tax invoices shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan; if the amount involved is relatively huge, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is huge, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property.

Article 208
A person who illegally purchases value-added tax invoices or purchases counterfeited value-added tax invoices shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently or independently, to a fine of not less than 20,000 yuan and not more than 200,000 yuan.

A person who illegally purchases value-added tax invoices or purchases counterfeited value-added tax invoices and then falsely fills out or sells such invoices shall be convicted of a crime and sentenced respectively in accordance with the provisions of Article 205, 206 or 207 of this Law.

Article 209
A person who counterfeits or produces without approval any other invoices which may be used for obtaining fraudulently tax refunds on exported items or tax deduction or sells such invoices, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan; if the amount involved is huge, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is especially huge, to fixed-term imprisonment of not less than seven years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property.

A person who counterfeits or produces without approval any invoices other than those mentioned in the preceding paragraph or sells such invoices shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance and concurrently or independently, to a fine of not less than 10,000 yuan and not more than 50,000 yuan; and if the circumstance is serious, to fixed-term imprisonment of not less than two years and not more than seven years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan.

A person who illegally sells any other invoices which may be used for obtaining fraudulently tax refunds on exported items or tax deduction shall be sentenced in accordance with the provisions of paragraph 1.

A person who illegally sells any invoices other than those mentioned in paragraph 3 shall be sentenced in accordance with the provisions of paragraph 2.

Article 210
A person who steals value-added tax invoices or any other invoices which may be used for obtaining fraudulently tax refunds on exported items or tax deduction shall be convicted of a crime and sentenced in accordance with the provisions of Article 264 of this Law.

A person who obtains value-added tax invoices or any other invoices which may be used for obtaining fraudulently tax refunds or tax deduction through deceptive means shall be convicted of a crime and sentenced in accordance with the provisions of Article 266 of this Law.

Article 211
If a unit commits a crime set forth in Article 201, 203, 204, 207, 208 or 209 of this Section, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the relevant article.

Article 212
If a person commits a crime set forth in Article 201 to 205 of this Section and is sentenced to a fine or confiscation of property, the tax authority shall first pursue for the payment of tax or tax refunds which has been obtained fraudulently before the execution.

Section 7 Crime of Infringing upon Intellectual Property
Article 213
A person who, without a permission of a registered trademark owner, uses a trademark identical with the latter's registered trademark on the same kind of goods, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine if the circumstance is serious and; if the circumstance is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.

Article 214
A person who knowingly sells goods bearing counterfeited registered trademark shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine if the amount of the sale is relatively huge and; if the amount of the sale is huge, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.

Article 215
A person who forges or makes without approval representations of a registered trademark of another person or sells representations of a registered trademark which is forged or made without approval shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine if the circumstance is serious and; if the circumstance is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.

Article 216
A person who forges another person's patent shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine, if the circumstance is serious.

Article 217
A person who, with a view of profit, commits any of the following acts of infringing upon copyright, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine if the amount of illegal gains is relatively huge or any other serious circumstance exists; and if the amount of illegal gains is huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine:

1. to reproduce and distribute, without the permission of a copyright owner, a written work or musical, cinematic, television or video work, or computer software or any other work of the latter;

2. to publish a book of which another person has the exclusive publishing right;

3. to reproduce and distribute, without the permission of a phonogram or videogram producer, a phonogram or videogram produced of the latter; or

4. to produce and sell a work of art bearing the forged signature of another person.

Article 218
A person who, with a view of profit, sells those which he well knows infringing reproductions specified in Article 217 of this Law, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine, if the amount of his illegal gains is huge.

Article 219
A person who commits any of the following acts of infringing upon business secrets shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine, if a heavy loss of the person who enjoys the right of the business secret is caused; and if an especially serious result is caused, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine:

1. to acquire business secret of a person who enjoys the right by stealing, lure, force or any other improper means;

2. to reveal, use or permit another person to use the business secret of the person who enjoys the right acquired by means specified in the preceding paragraph; or

3. to reveal, use or permit another person to use the business secret held by him in violation of the agreement or the demand of the person who enjoys the right on protection of the business secret.

A person who acquires, uses or reveals another person's business secret which he knows or ought to know the act listed in the preceding paragraph shall be deemed an act of infringement upon business secrets.

Business secrets mentioned in this Article mean the technical information and management information which are unknown by the public, can bring economic profits to the person who enjoys the right, is of utility and has been taken classified measures by the person who enjoys the right.

The person who enjoys the right mentioned in this Article refers to the owner of business secret or the user of business secret who is permitted by the owner of business secret.

Article 220
If a unit commits a crime set forth in Article 213 to 219 of this Section, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the relevant article.

Section 8 Crime of Disturbing Market Order
Article 221
A person who fabricates and disseminates false facts to impair commercial goodwill or merchandise reputation of another person, thus causing a heavy loss to the latter or any other serious circumstance, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention and concurrently or independently, to a fine.

Article 222
An advertiser, advertising operator or advertising publisher who, in violation of the state's regulations, uses advertisements to conduct false propaganda on merchandise or service, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention and concurrently or independently, to a fine if the circumstance is serious.

Article 223
A bidder who informs mutually the quoted price of a bid in collaboration to harm the interests of the bid inviter or another bidder shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine, if the circumstance is serious.

A bidder and a bid inviter who act in collaboration in bidding, thus harming the legitimate interests of the state, collective or citizen, shall be sentenced in accordance with the provisions of the preceding paragraph.

Article 224
A person who, under any of the following circumstances, obtains fraudulently the property of the other party for the purpose of illegal possession in the course of signing or performing a contract, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine if the amount involved is relatively huge; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine or confiscation of property:

1. to sign a contract in the name of a false unit or another person;

2. to use a forged, altered or invalid bill or any other false certificate of property rights as guarantee;

3. to trap the other party to go on signing or performing the contract by means of performing in advance a petty contract or making part performance in a case of incapability of making full performance practically;

4. to flee after receiving the goods, payment for goods, payment in advance or guaranteed property; or

5. to obtain fraudulently property of the other party by any other means.

Article 225
A person who, in violation of the state's regulations, commits any of the following acts of illegal business operations, thus disturbing the market order, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently or independently, to a fine of not less than one time and not more than five times the illegal gains therefrom if the circumstance is serious and, if the circumstance is especially serious, to fixed-term imprisonment of not less than five years and concurrently to a fine of not less than one time and not more than five times the illegal gains therefrom or confiscation of property:

1. to trade, without permission, in a monopolized, exclusive sale or restricted commodity which is defined by laws or administrative regulations;

2. to buy or sell an import or export license, import or export origin certificate or any other business permit or approval document which is defined by laws or administrative regulations; or

3. to commit any other act of illegal business operations which disturbs seriously the market order.

Article 226
A person who, by means of violence or threat, buys or sells a commodity, or forces others to provide or accept service, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine, if the circumstance is serious.

Article 227
A person who counterfeits tickets for vehicles or ships, postage stamps or any other valuable tickets or resells such tickets shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance and concurrently or independently, to a fine of not less than one time and not more than five times the sum of the tickets or stamps if the amount involved is relatively huge; and if the amount involved is huge, to fixed-term imprisonment of not less than two years and not more than seven years and concurrently to a fine of not less than one time and not more than five times the sum of the tickets or stamps.

A person who resells tickets for vehicles or ships shall, if the circumstance is serious, be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine of not less than one time and not more than five times the sum of the tickets.

Article 228
A person who, with a view of profit and in violation of laws or regulations on land administration, illegally transfers or resells the right for land use, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine of not less than 5% and not more than 20% the sum obtained through transfer or sale of the right for land use if the circumstance is serious and; if the circumstance is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine of not less than 5% and not more than 20% the sum obtained through transfer or sale of the right for land use.

Article 229
A person of an intermediary organization performing such functions as evaluation of assets, examination of assets, examination of certificates, accounting, auditing, legal service, who provides intentionally a false documentary evidence, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine, if the circumstance is serious.

A person set out in the preceding paragraph who extorts another person's property or accepts illegally another person's property, thus committing a crime under the preceding paragraph, shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine.

A person set out in paragraph 1 who neglects his duty seriously and provides a documentary evidence which is seriously inconsistent with the fact, thus causing a serious result, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine.

Article 230
A person who, in violation of the provisions of the Law on Import and Export Commodity Inspection, evades commodity inspection, sells or uses, without approval, an import commodity which must be inspected by the commodity inspection agency but fails to do so, or exports, without approval, an export commodity which must be inspected by the commodity inspection agency but fails to do so or to pass the inspection, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine, if the circumstance is serious.

Article 231
If a unit commits a crime set forth in Article 221 to 230 of this Section, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the relevant article.

Chapter IV Crime of Infringing upon the Citizen's Personal or Democratic Right

Article 232
A person who intentionally commits homicide shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than ten years; and if the circumstance is relatively minor, to fixed-term imprisonment of not less than three years and not more than ten years.

Article 233
A person who negligently causes death of another person shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years; and if the circumstance is relatively minor, to fixed-term imprisonment of not more than three years. Where this Law has other provisions, such provisions shall govern.

Article 234
A person who intentionally inflicts bodily injury upon another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

A person who commits a crime under the preceding paragraph and causes severe bodily injury to another person shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; and if causing another person's death or, by especially cruel means, causing severe bodily injury to another person, thus resulting in severe deformity, shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death. Where this Law has other provisions, such provisions shall govern.

Article 235
A person who negligently injures another person and causes severe bodily injury to the latter shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Where this Law has other provisions, such provisions shall govern.

Article 236
A person who rapes a woman by force, threat or any other means shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.

A person who has sexual relations with a girl under the age of fourteen years shall be deemed to have committed rape and shall be sentenced heavily.

A person who, under any of the following circumstances, rapes a woman or has sexual relations with a girl, shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death:

1. to rape a woman or to have sexual relations with a girl with flagrant circumstances;

2. to rape several women or to have sexual relations with several girls;

3. to rape a woman in a public place;

4. to rape the same victim in succession by two or more persons; or

5. to cause severe bodily injury or death of the victim or any other serious result.

Article 237
A person who acts indecently towards or insults a woman by force, threat or any other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

A person who, by means of gathering a crowd or in the public place and in public, commits a crime under the preceding paragraph, shall be sentenced to fixed-term imprisonment of not less than five years.

A person who acts indecently towards a child shall be sentenced heavily in accordance with the provisions of the preceding two paragraphs.

Article 238
A person who unlawfully detains another person or deprives another person of his personal freedom by any other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. If circumstances of hitting or insulting another person exist, a heavier sentence shall be imposed.

A person who commits a crime under the preceding paragraph, thus causing severe bodily injure to another person, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; and if causing death of another person, to fixed-term imprisonment of not less than ten years. A person who, with resort to force, causes another person's deformity or death, shall be convicted of a crime and sentenced in accordance with the provisions of Article 234 or 232 of this Law.

A person who, for the purpose of extorting the payment of debts, unlawfully distrains or detains another person, shall be sentenced in accordance with the provisions of the preceding two paragraphs.

A public servant of a state organ who takes advantage of his post and commits a crime under the preceding three paragraphs shall be sentenced heavily in accordance with the provisions of the preceding three paragraphs.

Article 239
A person who kidnaps another person with a view of money or hostage shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine or confiscation of property; and if causing death of the kidnapped person or killing the kidnapped person, to death and concurrently to confiscation of property.

A person who steals an infant or a baby with a view of money shall be sentenced in accordance with the provisions of the preceding paragraph.

Article 240
A person who abducts and traffics in a woman or a child shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine; under any of the following circumstances, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine or confiscation of property; and if the circumstance is especially serious, to death and concurrently to confiscation of property:

1. to be a ringleader of a group engaged in the abduction of and trafficking in women or children;

2. to abduct and trafficking in three or more women and/or children;

3. to rape a woman who is abducted and trafficked in;

4. to entice or force a woman who is abducted and trafficked in to engage in prostitution, or to sell such woman to another person who will force the woman to engage in prostitution;

5. to kidnap, for the purpose of selling the victim, a woman or a child by means of violence, threat or anaesthesia;

6. to steal, for the purpose of selling the victim, an infant or a baby;

7. to cause severe bodily injury or death or any other serious result of a woman or child who is abducted and trafficked in or of her relative; or

8. to sell a woman or child out of the territory of China.

Abducting and trafficking in a woman or child means an act of abducting, kidnapping, buying, trafficking in, fetching or sending, or transferring a woman or child for the purpose of selling the victim.

Article 241
A person who buys a woman or child who is abducted and trafficked in shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

A person buying a woman who is abducted and trafficked in shall, if having sexual relations with her against her will, be convicted of a crime and sentenced in accordance with the provisions of Article 236 of this Law.

A person buying a woman or child who is abducted and trafficked in shall, if illegally depriving or restricting her/his personal freedom or committing a criminal act of injuring or insulting, be convicted of a crime and sentenced in accordance with the relevant provisions of this Law.

A person buying a woman or child who is abducted and trafficked in shall, if committing a criminal act set forth in paragraph 2 or 3, be sentenced in accordance with the provisions on combined punishment for several crimes.

A person buying a woman or child who is abducted and trafficked in shall, if selling the victim afterwards, be convicted of a crime and sentenced in accordance with the provisions of Article 240 of this Law.

A person buying a woman or child who is abducted and trafficked in may, if not obstructing the woman from returning to her original place of residence according to her will or not maltreating the child or not obstructing his or her rescue, be exempted from being investigated for criminal responsibility.

Article 242
A person who, by violence or threat, obstructs public servants of the state organ from rescuing a woman or child who has been bought, shall be convicted of a crime and sentenced in accordance with the provisions of Article 277 of this Law.

A ringleader who, by means of gathering a crowd, obstructs public servant of the state organ from rescuing a woman or child who has been bought, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and any other participant who adopts the means of violence or threat shall be sentenced in accordance with the provisions of the preceding paragraph.

Article 243
A person who fabricates facts to implicate another person on false charges for the aim that the latter is prosecuted as a criminal shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, if the circumstances are serious; and if causing serious results, to fixed-term imprisonment of not less than three years and not more than ten years.

A public servant of a state organ who commits a crime under the preceding paragraph shall be sentenced heavily.

Where it is not a case of intentional false accusation but rather a case of mistaken complaint or unsubstantiated accusation, the provisions of the preceding two paragraphs shall not apply.

Article 244
If an employing unit, in violation of laws or regulations on labor administration, forces an employee to work by means of restriction of personal freedom, the persons directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine, if the circumstance is serious.

Article 245
A person who unlawfully subjects another person to a bodily search or a search of his residence or unlawfully intrudes into another person's residence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

A judicial officer who abuses his power and commits a crime under the preceding paragraph shall be sentenced heavily.

Article 246
A person who insults in public another person by violence or any other means or fabricates facts to slander another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights if the circumstance is serious.

The crime under the preceding paragraph shall be handled only upon complaint, except where serious harm has been done to the social order and to the state's interests.

Article 247
A judicial officer who extorts by torture a confession from a suspect of crime or a defendant or extorts, by means of violence, testimony from a witness shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. A judicial officer who causes another person's deformity or death shall be sentenced heavily in accordance with the provisions of Article 234 or 232 of this Law.

Article 248
A person of a surveillance and control organ such as prison, detention center or watch house subjects the person under surveillance and control to battery or corporal punishment shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious; and if the circumstance is especially serious, to fixed-term imprisonment of not less than three years and not more than ten years. If causing deformity or death of another person, the offender shall be convicted of a crime and sentenced heavily in accordance with the provisions of Article 234 or 232 of this Law.

A person responsible for surveillance and control who instigates the person under surveillance and control to subject other person under surveillance and control to battery or corporal punishment shall be sentenced in accordance with the provisions of the preceding paragraph.

Article 249
A person who incites national hatred or national discrimination shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights if the circumstance is serious and; if the circumstance is especially serious, to fixed-term imprisonment of not less than three years and not more than ten years.

Article 250
Where a publication carries contents involving discriminating or insulting minority nationalities, the persons directly responsible shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance if the circumstance is flagrant and a serious result is caused.

Article 251
A public servant of a state organ who unlawfully deprives a citizen of his freedom of religious belief or infringes upon the customs and habits of minority nationalities shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention if the circumstance is serious.

Article 252
A person who conceals, destroys or unlawfully opens another person's letter, thus infringing upon the citizen's right to freedom of correspondence, shall be sentenced to fixed-term imprisonment of not more than one year or criminal detention if the circumstance is serious.

Article 253
A postal worker who opens, conceals or destroys mails or telegrams without authorization shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

A postal worker who commits a crime under the preceding paragraph for stealing property shall be convicted of a crime and sentenced heavily in accordance with the provisions of Article 264 of this Law.

Article 254
A public servant of a state organ who abuses his power, using his public offices for private gains, in order to retaliate against or frame complainants, petitioners, critics or accusers or incriminate them on false charges, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; and if the circumstance is serious, to fixed-term imprisonment of not less than two years and more than seven years.

Article 255
A leader of a company, an enterprise, institution, organ or a public organization who attacks or retaliates against an accountant or a statistician who performs his duty according to law and refuses the acts which are contrary to the Accounting Law or Statistics Law, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is flagrant.

Article 256
A person who, in the course of electing the representatives of people's congresses at any level or leading persons of state organs, undermines the election or prevents the voters or representatives from exercising their rights of electing or standing for election by means of violence, threat, deception, bribe, counterfeiting electing documents or reporting falsely votes, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or deprivation of political rights if the circumstance is serious.

Article 257
A person who forcibly interferes with another person's freedom of marriage shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

A person who commits a crime under the preceding paragraph, thus causing the victim's death, shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years.

The crime under paragraph 1 shall be handled only upon complaint.

Article 258
A person who has a spouse and commits bigamy or who marries another person while clearly knowing that the latter has a spouse shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Article 259
A person who cohabits with or marries another person while clearly knowing that the latter is the spouse of a member of the armed forces in active service shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

A person who takes advantage of his post or subordinate relation and has sexual relation, by means of threat, with the wife of a member of the armed forces in active service, shall be convicted of a crime and sentenced in accordance with the provisions of Article 236 of this Law.

Article 260
A person who maltreats a member of his family shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance if the circumstance is flagrant.

A person who commits a crime under the preceding paragraph, thus causing serious injury or death to the victim, shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years.

The crime under paragraph 1 shall be handled only upon complaint.

Article 261
A person who refuses his proper duty to support an aged person, minor, sick person or any other person who can not live independently shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance if the circumstance is flagrant.

Article 262
A person who abducts a child under the age of fourteen years, thus cutting the child off from his family or guardian, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Chapter V Crime of Encroaching on Property
Article 263
A person who, by force, threat or any other manner, takes public or private property, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine and; under any of the following circumstances, to fixed-term imprisonment of not less than ten years, life imprisonment or death and concurrently to a fine or confiscation of property:

1. to enter a house owned by another person for robbery;

2. to commit robbery in a means of public transport;

3. to rob a bank or any other financial institution;

4. to commit robbery for several times or with a large amount of property;

5. to cause serious injury or death to another person while committing robbery;

6. to commit robbery by passing himself off as a servicemen or a policeman;

7. to hold a gun to commit robbery; or

8. to rob military supplies or goods and materials that are allocated for emergencies, disaster relief or social relief.

Article 264
A person who steals a relatively large amount of public or private property or steals property for several times shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine; if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine or confiscation of property; and under any of the following circumstances, to life imprisonment or death and concurrently to confiscation of property:

1. to steal property with an especially huge amount from a financial institution; or

2. to steal rare and precious cultural relics with serious circumstances.

Article 265
A person who, with a view of profit, connects secretly with communication lines of another person or duplicates telecommunication codes of another person or, uses the telecommunication equipment or facilities while clearly knowing that they are connected secretly or duplicated, shall be convicted of a crime and sentenced in accordance with the provisions of Article 264 of this Law.

Article 266
A person who swindles a relatively huge amount of public or private property shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine or confiscation of property. Where this Law has other provisions, such provisions shall govern.
Article 267
A person who seizes forcibly a relatively huge amount of public or private property shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine or confiscation of property.

A person who holds lethal weapons to seize forcibly property shall be convicted of a crime and sentenced in accordance with the provisions of Article 263 of this Law.

Article 268
A ringleader or an active participant who gets together a crowd to commit open plunder of public or private property shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine, if the amount involved is relatively huge or any other serious circumstance exists; and if the amount involved is huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine.

Article 269
A person committing a crime of theft, fraud or forcible seizure who uses or threatens to use violence on the spot in order to conceal booty, resist detention or arrest or destroy criminal evidence, shall be convicted of a crime and sentenced in accordance with the provisions of Article 263 of this Law.

Article 270
A person who illegally takes possession of another person's property which is taken care of by him for the latter shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine if the amount involved is relatively huge and the offender refuses to return it; and if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than two years and not more than five years and concurrently to a fine.

A person who illegally takes possession of property which is lost or buried underground by another person shall be sentenced in accordance with the provisions of the preceding paragraph if the amount involved is relatively huge and the offender refuses to return it.

The crime under this Article shall be handled only upon complaint.

Article 271
A person of a company, an enterprise or any other unit, who takes advantage of his post to illegally take possession of property of his unit, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, if the amount involved is relatively huge; and if the amount involved is huge, to fixed-term imprisonment of not less than five years, and concurrently may be sentenced to confiscation of property.

A person performing public service of a state-owned company or enterprise or any other state-owned unit, or a person performing public service who are sent by a state-owned company or enterprise or any other state-owned unit to a non-state-owned company, enterprise or any other unit shall, if committing an act under the preceding paragraph, be convicted of a crime and sentenced in accordance with the provisions of Article 382 or 383 of this Law.

Article 272
A person of a company, an enterprise or any other unit, who takes advantage of his post to misappropriate his unit's funds for himself or to lend them to another person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the amount involved is relatively huge and the offender fails to return them within three months or, if the funds are returned within three months, but the amount involved is relatively huge and the money is used for profit-seeking activities or illegal activities; and if the offender misappropriates a huge amount of funds of his unit or fails to return them though the amount involved is relatively huge, to fixed-term imprisonment of not less than three years and not more than ten years.

A person performing public service of a state-owned company or enterprise or any other state-owned unit, or a person performing public service who are sent by a state-owned company or enterprise or any other state-owned unit to a non-state-owned company, enterprise or any other unit shall, if committing an act under the preceding paragraph, be convicted of a crime and sentenced in accordance with the provisions of Article 384 of this Law.

Article 273
A person directly responsible who misappropriates funds or articles for disaster relief, emergencies, flood-control, care to disabled servicemen and families of revolutionary martyrs and servicemen, care to the poor, resettlement of residents or social relief shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious and major harm to the interests of the state and the people is caused; and if the circumstance is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years.

Article 274
A person who extorts money or other public or private property by blackmail shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance if the amount involved is relatively huge; and if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years.

Article 275
A person who intentionally destroys public or private property shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine if the amount involved is relatively huge or any other serious circumstance exists; and if the amount involved is huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than seven years.

Article 276
A person who, for purpose of retaliation or from spite or any other personal motive, destroys machinery or equipment, cruelly injures or slaughters draught animals or uses other means to sabotage production or business operations, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years.

Chapter VI Crime of Disrupting the Order of Social Administration
Section 1 Crime of Disturbing the Public Order

Article 277
A person who, by means of force or threat, obstructs a public servant of a state organ to perform his duty according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.

A person who, by means of force or threat, obstructs a representative of the National People's Congress or a local people's congress at any level to perform his duty related to the representative according to law shall be sentenced in accordance with the provisions of the preceding paragraph.

A person who, during a natural disaster or unexpected incident and by means of force or threat, obstructs a person of the Red Cross to perform his duty according to law shall be sentenced in accordance with the provisions of paragraph 1.

A person who intentionally obstructs a state security organ or a public security organ to carry out the tasks of state security without resorting to force or threat shall be sentenced in accordance with the provisions of paragraph 1 if a serious result is caused.

Article 278
A person who incites the masses to resist enforcement of state's laws or administrative regulations shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; and if a serious result is caused, to fixed-term imprisonment of not less than three years and not more than seven years.

Article 279
A person who poses as a public servant of a state organ for the purpose of practicing fraud shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years.

A person who poses as a people's policeman for the purpose of practicing fraud shall be sentenced heavily in accordance with the provisions of the preceding paragraph.

Article 280
A person who forges, alters, buys or sells, steals, forcibly seizes or destroys the official document, certificate or seal of a state organ shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years.

A person who forges the seal of a company, enterprise, institution or people's organization shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

A person who forges or alters the identity card of a resident shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years.

Article 281
A person who illegally produces, buys or sells uniforms for the people's police, license plate for the police vehicle or any other special-use sign or police equipment shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine, if the circumstance is serious.

If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the preceding paragraph.

Article 282
A person who, by means of stealing, prying or buying, obtains illegally state secrets shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years.

A person who illegally holds a document, material or any other article involving state most confidential or classified information and refuses to explain its source and purpose of use shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Article 283
A person who illegally produces or sells spy apparatus for special use of wiretapping or photographing secretly shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Article 284
A person who illegally uses apparatus for special use of wiretapping or photographing secretly shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance if a serious result is caused.

Article 285
A person who, in violation of the state's regulations, invades a computer information system involving the fields of state affairs, national defense construction or most advanced science and technology, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 286
A person who, in violation of the state's regulations, deletes, amends, adds or disturbs functions of a computer information system and causes the computer information system's inability to work normally, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention if the result is serious; and if the result is especially serious, to fixed-term imprisonment of not less than five years.

A person who, in violation of the state's regulations, conducts operations of deletion, amendment or addition towards data or application programs which are stored, disposed of or transmitted in a computer information system shall be sentenced in accordance with the provisions of the preceding paragraph if the result is serious.

A person who intentionally makes or disseminates computer virus or any other destructive program, thus affecting the normal operation of a computer information system, shall be sentenced in accordance with the provisions of paragraph 1 if the result is serious.

Article 287
A person who uses a computer to practice a financial fraud, theft, embezzlement, misappropriation of public money, to steal state secrets or to commit any other crime, shall be convicted of a crime and sentenced in accordance with the relevant provisions of this Law.

Article 288
A person who, in violation of the state's regulations and without approval, establishes or uses a wireless radio station, or occupies frequency or refuses to stop his act after being ordered to stop, thus disturbing the normal operation of wireless communication and causing serious results, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine.

If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the preceding paragraph.

Article 289
A person who gathers a crowd for "beating, smashing and looting", thus causing deformity or death to another person, shall be convicted of a crime and sentenced in accordance with the provisions of Article 234 or 232 of this Law. If public or private property are destroyed or forcibly taken, the ringleaders shall be convicted of a crime and sentenced in accordance with the provisions of Article 263 of this Law, in addition to being ordered to provide restitution or compensation.

Article 290
Where an assembled crowd disturbs the social order, if the circumstance is so serious that work, production, business, education or scientific research cannot be conducted and a serious loss is caused, the ringleaders shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years; and other active participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

Where an assembled crowd assaults a state organ and makes it impossible to conduct its work and a serious loss is caused, the ringleaders shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years; and other active participants shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.

Article 291
Where an assembled crowd disturbs the order at a station, port, civil airport, marketplace, public park, theatre, cinema, exhibition hall, sports ground or any other public place, or an assembled crowd blocks traffic or undermines the traffic order or resists or obstructs public security administration personnel of the state from carrying out their duties according to law, the ringleaders shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance if the circumstance is serious.

Article 292
Where an assembled crowd engages in affrays, the ringleaders and other active participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; and under any of the following circumstances, the ringleaders and other active participants shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years:

1. to gather a crowd to engage in affrays for several times;

2. to gather a crowd to engage in affrays involving many persons and on large scale, thus causing a flagrant social influence;

3. to gather a crowd to engage in affrays in a public place or on a main traffic road, thus causing a serious disturbance of social order; or

4. to gather a crowd to engage in affrays with weapons.

A person who gathers a crowd to engage in affrays, thus causing a serious injury or death to another person, shall be convicted of a crime and sentenced in accordance with the provisions of Article 234 or 232 of this Law.

Article 293
A person who commits any of the following acts of creating disturbance, thus undermining the social order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:

1. to beat another person at will and with a flagrant circumstance;

2. to pursue, intercept or abuse another person with a flagrant circumstance;

3. to extort forcibly or at will, destroy or possess public or private property with a serious circumstance; or

4. to boo and hoot and make trouble in a public place, thus causing serious disturbance therein.

Article 294
A person who organizes, leads and actively participates in an organization of criminal syndicate which conducts an organized activity of offence or crime by violence, threat or any other means, plays the tyrant in a locality, perpetrates all kinds of evils, bullies and oppresses or cruelly injures or kills common people, and seriously undermines the economic and social order, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; and other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

A person of an organization of criminal syndicate abroad comes to the territory of the People's Republic of China to absorb members for his organization shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.

A person who commits a crime under the preceding two paragraphs and also commits any other crime shall be sentenced in accordance with the provisions on combined punishment for several crimes.

A public servant of a state organ who protects an organization with characters of criminal syndicate or connives at such an organization's committing activities of offence or crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or deprivation of political rights; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years.

Article 295
A person who passes on means of crime shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance; if the circumstance is serious, to fixed-term imprisonment of not less than five years; and if the circumstance is especially serious, to life imprisonment or death.

Article 296
If no application has been made for an assembly, a procession or a demonstration according to law or no permission for the application has been granted or if it is conducted not in accordance with the starting and finishing time, places and routes permitted by the competent authorities, while the order of dismission is disobeyed, thus undermining the social order seriously, the persons-in-charge of the assembly, procession or demonstration and other persons directly responsible shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.

Article 297
A person who, in violation of the provisions of law, carries a weapon, controlled cutting tool or explosive to participate in an assembly, a procession or a demonstration, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention public surveillance or deprivation of political rights.

Article 298
A person who disturbs, breaks into or undermines by any other means an assembly, a procession or a demonstration organized according to law, thus causing disturbance of public order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.

Article 299
A person who intentionally desecrates the National Flag or the National Emblem of the People's Republic of China in a public place by such manners as burning, mutilating, scrawling on, defiling or trampling upon it, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

Article 300
A person who organizes or uses a superstitious sect or secret society or an evil religious organization or uses feudal superstition to undermine enforcement of the state's laws or administrative regulations shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years; and if the circumstance is especially serious, to fixed-term imprisonment of not less than seven years.

A person who organizes or uses a superstitious sect or secret society or an evil religious organization or uses feudal superstition to deceive another person and causes death of another person shall be sentenced in accordance with the provisions of the preceding paragraph.

A person who organizes or uses a superstitious sect or secret society or an evil religious organization or uses feudal superstition to rape a woman or defraud property shall be convicted of a crime and sentenced respectively in accordance with the provisions of Article 236 or 266 of this Law.

Article 301
Where an assembled crowd commits licentious activities, the ringleaders or other persons who participate for several times shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.

A person who lures a minor to join a crowd engaging in licentious activities shall be sentenced heavily in accordance with the provisions of the preceding paragraph.

Article 302
A person who steals or insults a corpse shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Article 303
A person who, with a view of profit, assembles a crowd to engage in gambling, establishes a place for gambling or makes gambling his business shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine.

Article 304
A postal worker who neglects his duty seriously and delays intentionally delivery of mails, thus causing a heavy loss to the public property or the interests of the state or the people, be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

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