Is destructive power a crime

1. According to the relevant provisions of the constitution, the law on punishment of public security administration and the criminal law of the people's Republic of China, different degrees and types of punishment can be given according to different circumstances

among them, the Constitution stipulates that citizens' houses are inviolable, and it is forbidden to search or infringe citizens' houses illegally According to the law on administrative penalties for public security, anyone who illegally invades another person's house shall be detained for not less than 10 days but not more than 15 days and fined not less than 500 yuan but not more than 1000 yuan; If the circumstances are relatively minor, he shall be detained for not less than five days but not more than 10 days and fined not less than 200 yuan but not more than 500 yuan According to the criminal law, those who commit the crime of illegally invading others' houses shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. The abuse of power by judicial staff constitutes a heavier punishment< Article 39 of the Constitution stipulates that the houses of citizens of the people's Republic of China are inviolable< Article 40 of the law of the people's Republic of China on administrative penalties for Public Security stipulates that anyone who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days and fined not less than 500 yuan but not more than 1000 yuan; If the circumstances are relatively minor, the offender shall be detained for not less than five days but not more than 10 days and fined not less than 200 yuan but not more than 500 yuan:

(1) organizing, coercing or luring people under the age of 16 or disabled persons to perform terrorist or cruel performances< (2) forcing others to work by violence, threat or other means< (3) illegally restricting another person's personal freedom, illegally invading another person's house or illegally searching another person's body< Article 245 of the criminal law stipulates that anyone who illegally searches another person's body or residence, or illegally invades another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Any judicial officer who abuses his power and commits the crime mentioned in the preceding paragraph shall be given a heavier punishment.

2. The concept of serious violent crime refers to some criminal cases in which the perpetrator obtains dangerous methods by using criminal tools with strong lethality and destructive power and violent means with great harm, which pose a serious threat to the citizen's personal, public and private property and public security or cause serious harmful consequences. Such as: murder, robbery, rape, kidnapping, explosion, etc. Serious injury crime is also a crime in the form of violence, and the degree of social harm is also serious, which should be included in the scope of serious violent crime.

3. Whoever steals public or private property in a relatively large amount or repeatedly shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined
1. The criteria for filing a case:
1. Those who commit multiple thefts, burglaries and pickpocketing belong to the crime of theft
2. The theft of public and private property with a value of more than 1000 yuan but less than 30000 yuan, more than 30000 yuan but less than 300000 yuan and more than 300000 yuan is respectively identified as large amount, huge amount and especially huge amount
if the amount of theft is less than 2000 yuan, the social harm is not great, and one of the following circumstances occurs, it can not be treated as a crime:
(1) first offense
(2) those who voluntarily surrender to the crime and return all the stolen goods and compensation
(3) coerce to participate in theft, not participate in the sharing of stolen goods or share less stolen goods is not the principal offender< (4) the victim's understanding< (5) other circumstances are minor and do little harm< (2) sentencing standards
1. Whoever steals public or private property in a relatively large amount, or repeatedly steals, burglaries, burglaries with lethal weapons or pickpockets, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined< If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined< If the amount of money is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have his property confiscated.

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5. In the criminal law of our country, the identification of the lethal power of guns does not affect the conviction of gun related crimes. The identification of gun lethality is first of all a piece of evidence, which is the same as the identification of price and the degree of human injury. It is also for mutual confirmation with other evidence to prove whether the actor's subjective knowledge (knowing that it is a gun) is consistent with the objective facts (identification conclusion). If the two are consistent, the perpetrator has a correct understanding of the criminal object; If not, it means that the actor has a wrong understanding. Because the perpetrator's correct understanding of the object of the crime does not affect the nature of the crime, but only affects the circumstances. Even if the gun is not lethal after identification, the gun related crime can still be identified, but is just an attempted crime. Article 128 of the criminal law stipulates that whoever, in violation of the regulations on the control of guns, illegally holds or hides guns or ammunition shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

6. There are three standards for the identification of imitation gun
1. It conforms to the constituent requirements of the law of the people's Republic of China on the control of guns, and the muzzle specific kinetic energy of the launched metal projectile or other substances is less than 1.8 Joule / square centimeter (excluding this number) and greater than 0.16 Joule / square centimeter (excluding this number)
2. It has the shape characteristics of the gun, and has one of the barrel, barrel, gearbox or firing mechanism similar to the standard gun in material and function
3. The shape and color of the gun are the same or similar to those of the standard gun, and the length of the gun is between one half and one time of the length of the corresponding standard gun.

7.

cyber crime refers to the use of computer technology, with the help of the network to attack its system or information, destroy or use the network for other crimes. It includes not only the crime committed by the actor using his programming, encryption, decoding technology or tools on the network, but also the crime committed by the actor using software instructions. Network system or proct encryption and other technical and legal loopholes in the network inside and outside the crime of interactive implementation, also includes the actor with the help of its network service provider in a specific position or other methods in the network system crime. In short, cyber crime is a crime that aims at and makes use of the Internet. The essential feature of cyber crime is to endanger the security and order of the Internet and its information

8. The definition of extremist organizations: organizations that are organized to endanger national security, anti society, anti humanity and anti science, and specially plan and carry out terrorist activities, can be defined as extremist organizations. These organizations have strong destructive power. Generally, they will penetrate into the dense crowd. Once the time is ripe, they will create violent terrorist incidents, increase the negative energy of public opinion, and improve their own influence.

9. I think only indivials have this idea. Some people do not know the law and are law blind at that time, so they have no concept. They can do whatever they want and touch the law as a result. Some of them, for the sake of their interests, even though they break the law, take chances, but they often walk by the river, so they don't have wet shoes.