I. Jurisdiction

In order to solve the case, the public security department is requested to be lenient.

Theft, robbery, trafficking and fraud, murder, arson and rape;

If the criminal is an official, file a case with the procuratorate.

Corruption, bribery, dereliction of duty, abuse of power and violation of human rights,

If you can't file a case directly, you must go through the customs at or above the provincial level first;

Insult, slander and abuse, violent interference and occupation,

As long as there is no murder, no court, no one cares,

Don't insult and slander excessively, endangering national security;

Keywords minor injury and bigamy abandonment case, intellectual property of communication house,

The public security procuratorate shall not file a case for manufacturing and selling fake and shoddy goods.

As long as there is evidence in hand, go to court;

There are also some small organs, which are easy to handle just by looking at their names.

Smugglers seek drugs from the customs, endangering national security,

The army only cares about the military, and the prison only cares about criminals;

Although the division of labor is different, the involvement of the case is helpful.

Second, the level of jurisdiction.

The court is in charge of the trial, and the grass-roots courts are the backbone;

Handle most criminal cases and upload death sentences.

The upper house is busy trying the case, and it is not up to standard to go back.

The procuratorial organ has great power, and it will not retreat if it is issued;

State security and foreigners, the death penalty will be returned to the intermediate people's court for life,

One person is guilty and uploaded, and the whole case is connected.

If the house of lords thinks it necessary, it can also condescend to judge on its behalf;

The two high courts are quite idle, and they do not belong to themselves and do not judge.

The review of death penalty is the highest management, and the decentralization is quite chaotic.

Civil law formula

1, special limitation of civil action

If the injury is not rented, it is valid for two years; Three ring pollution, twice in four years; Five-year life insurance can be extended for 20 years.

Meaning decomposition:

The first sentence refers to four situations in which the limitation period of action is one year in Article 136 of the General Principles of Civil Law (1) claiming compensation for physical injury; (two) the sale of substandard goods has not been declared; (3) delaying or refusing to pay the rent; (4) Loss of or damage to the property in escrow.

The second sentence means that the general statute of limitations is two years

The third sentence means that the limitation of action for compensation for environmental pollution damage is three years.

"There are two periods in four years" means that the limitation of action for disputes over international sales of goods and international technology transfer is four years.

"Five-year life insurance" refers to the second paragraph of Article 27 of the Insurance Law, which stipulates that the right of the insured or beneficiary of life insurance to ask the insurer to pay the insurance money shall be extinguished five years after he knows that the insurance accident has occurred.

See Article 137 of the General Principles of Civil Law for the last sentence. "The limitation of action shall be counted from the time when you know or should know that your rights have been infringed. However, if more than 20 years have passed since the right was infringed, the people's court will not protect it. Under special circumstances, the people's court may extend the limitation period. "

There may be other special movement restrictions that are not included. If you are interested, you can make up for it, and it will be very effective if you meet it together.

2. Chapter VIII of General Principles of Civil Law: Legal Application of Foreign-related Civil Legal Relations

Formula: treaty takes precedence, international practice; Have the ability to act and settle down; Real property right, law; Contract disputes shall be kept confidential if they are not selected; The law of the same country where the infringement occurred; Where you get married, the court has to leave; The supportive relationship is the closest; Immovable movable property law; The practice of foreign laws does not violate the public interest.

Note: the content of this chapter is very important, and it will be tested almost every year. Each sentence of the above formula corresponds to one, and you will understand it by comparison.

Attachment: General Principles of Civil Law Chapter VIII Legal Application of Foreign-related Civil Relations

Article 142 The application of law to foreign-related civil relations shall be determined in accordance with the provisions of this Chapter.

If there are differences between the international treaties concluded or acceded to by People's Republic of China (PRC) and the civil laws of People's Republic of China (PRC), the provisions of the international treaties shall apply, except for the provisions on which People's Republic of China (PRC) has declared reservations.

Where there are no provisions in the laws of People's Republic of China (PRC) and international treaties concluded or acceded to by People's Republic of China (PRC), international practices can be applied.

Article 143 People's Republic of China (PRC) citizens who have settled abroad may apply the laws of the country of residence to their capacity for civil conduct.

Article 144 The law of the place where the real estate is located shall apply to the ownership of the real estate.

Article 145 The parties to a foreign-related contract may choose the applicable law for handling contract disputes, except as otherwise provided by law.

If the parties to a foreign-related contract have no choice, the laws of the country most closely related to the contract shall apply.

Article 146 The law of the place where the infringement occurred shall apply to compensation for damages caused by infringement. If both parties have the same nationality or domicile in the same country, the laws of their own countries or residences can also be applied.

The laws of People's Republic of China (PRC) do not consider acts outside the territory of People's Republic of China (PRC) as torts, and do not treat them as torts.

Article 147 When a People's Republic of China (PRC) citizen marries a foreigner; the laws for the place for marriage shall apply. Divorce shall be governed by the law of the place where the court accepts the case.

Article 148 Maintenance expenses shall be governed by the laws of the country with which the dependents have the closest ties.

Article 149 If the inheritance is legally inherited, the law of the decedent's domicile shall apply to the movable property and the law of the place where the immovable property is located shall apply to the immovable property.

Article 150 The application of foreign laws or international practices in accordance with the provisions of this Chapter shall not run counter to the public interests of the people and society of China.

Three. Jurisdiction of reconsideration

Reconsideration means looking for superiors, not at the provincial/central level.

Local governments can't manage directly, but their own departments can handle it;

Territorial jurisdiction is difficult, and the place of crime is the key.

The fugitive criminal is angry and the probation is controlled;

Several courts have the right to decide who will accept the case first.

The location of the crime should be appropriate and can be transferred if necessary;

International crimes have a great influence, and whoever can be caught can be sentenced.

Stops for cars, ships and planes, and destination stations for trains,

The monk who ran away didn't run away from the temple, and the external sin came from the source.

Although the embassy is run in China, it is also a foreign country.

Foreigners bully people abroad, and we will start work as soon as he enters the country;

Criminals who have served their sentences have committed crimes of omission and should generally be brought under the control of the original trial.

The place where the sentence is served and the place where the crime is committed may be transferred as appropriate.

If you commit a crime while serving your sentence, you must control the place where you serve your sentence.

I committed crimes during my escape, and I will deal with them wherever I find them.

These prisoners are really troublesome, it is better to shoot them;

At present, the military and civilians are engaged in the construction of * * *, but the trial is counted separately.

As long as they don't wear military uniforms, they will be managed by local authorities.

Don't touch military secrets, but the military will take care of them.

The railway court is in charge of itself, which is a bit controversial.

Fourthly, about detention.

Be discovered, be proved,

Defendant, guilty, ("guilty" suicide/"guilty" absconding)

Destruction of evidence, perjury and conspiracy,

Running around, partnering many times,

Don't tell the truth;

Public security organs to carry out,

Issue certificates at or above the county level,

On the day of the notification/inquiry,

No problem, just let go.

Report to the procuratorate on the third day,

Make a judgment within seven days,

The average longest is fourteen days.

Thirty-seven days is the longest.

About arrest

In a word, three certificates and three phases,

Execute one batch at a time,

On the day of the notification/inquiry,

Certificate of improper release.

Note: "Phase III": serious illness/pregnancy/breastfeeding, which is different from the "Phase III" of the Labor Law.

Look at this formula and remember 34 aggravating circumstances.

Aggravated crime, charges and chaos, read this formula, it is not difficult to remember:

Young girls and children, bribery and recidivism;

Internal and external collusion violates national security and uses the army/police to engage in rebellion;

Four minors,

Abetting drugs and selling pornography, and inducing people to commit fornication;

Four countries do this,

Dereliction of duty leads to bankruptcy, escape with confidential information, illegal detention and framing;

Three judicial officials,

Perjury destroys evidence to hinder testimony, extorts confessions by torture to cause death, and illegally enters the house for search;

Detention, beating and insulting, using prostitution to promote the tertiary industry,

Counterfeit money is manufactured, transported and sold, and trees in protected areas are cut down indiscriminately.

Postal staff theft, personal misappropriation of special funds,

Smuggling armed cover, pretending to be a policeman to cheat, and drug traffickers sheltering drug criminals,

Drug criminals enter the palace for the second time, prohibit the spread of pornography, supervise the abuse of death and disability,

Cheating foreign exchange and forging customs declarations, with the help of relevant personnel,

Destroying and obstructing military equipment and personnel in wartime.

On the deterioration of the results:

1. Robbery: I got on the bus at home and robbed a bank, causing heavy casualties for many times. I pretended to be a military police and armed with guns, so I couldn't rob special materials.

2. Rape: gang rape in public, with many casualties and bad circumstances.

Lighter punishment and exemption depend on the plot and performance.

First, it should be exempted, and there is no danger of stopping crime.

Second, it can be exempted, the crime of surrender is light, and the poison is shoveled before collection.

Third, it should be mitigated and exempted. Two accomplices who surrendered under duress have rendered meritorious service.

Fourth, the sentence can be reduced, foreign-related crimes have been sentenced, significant meritorious service, bribery by both parties, small corruption and restitution,

Fifth, it is an accessory, with a lighter punishment and exemption.

Sixth, it can be reduced or exempted. Deaf and blind people are preparing to commit crimes, and the conscience of cults has been discovered.

Seventh, the crime of stopping causing damage should be reduced.

Eighth, should be given a lighter punishment, lighter punishment, those who are dissatisfied with 18 years old,

After class, you can be lenient, abet attempted mental illness, and surrender/attempt meritorious service.

Personal income tax is 1-3 cents per year, please write it down:

1. Payables:

Self-employed individuals with paid contracts,

Royalties and services,

Dividend interest plus dividend,

Accidental income turns to rent.

2. Immunity:

Bonuses issued by governments/organizations (above provincial and ministerial level)

State subsidy for debt interest (subsidy/allowance)

Three fees, two gold and one compensation,

Veteran diplomatic cadres. (Retired cadres/workers)

3. Can reduce:

Disabled, lonely and martyrs, suffering from natural disasters;

The reduction and exemption should not be too arbitrary, and it is decided by the financial department.

Note: Welfare fee/job change fee/demobilization fee/pension/relief fund/insurance compensation.

Compared with the four expenses, one gold and one reward in civil litigation, memory: alimony/alimony/nursing expenses/medical expenses/pension/labor remuneration.

State compensation for administrative litigation is also tax-free.

The first written law in Roman history: the Law of Twelve Bronze Tables;

The first bourgeois country to form a constitution: the British Constitution ("the mother of modern constitution");

First Declaration of Human Rights: Declaration of Independence/United States;

The first written constitution: 1787 American constitution;

The first written constitution in continental Europe: 179 1 French Constitution;

The first civil code in capitalist society: the French Civil Code (Napoleonic Civil Code);

The first modern bourgeois constitution: 19 19 Weimar Constitution (Constitution of the German Republic);

The largest (first) civil code in capitalist countries: 1900 German Civil Code (Masterpiece of German Law);

The first written Japanese code: Dabao Law;

Japan's first constitution: Meiji Constitution.

It's the first time to take the legal history exam this year (there was an exam in 86-92), so please remember the first time:

The earliest written law published: Zheng Guo/Zichan/The Book of Casting Punishment;

The first systematic feudal written code: Fa Jing/Warring States/Wei/;

The first person to reform the law: Shang Yang/Qin;

The abolition of corporal punishment for the first time: Emperor Wendi;

For the first time, "pro-Tibet first" was established: Han;

The first "eight opinions" entered the law: Wei law;

The first "official" entered the law: Northern Wei Law/Chen Law;

For the first time, the "Ten Serious Crimes" were stipulated: the Northern Qi Law;

The first abolition of castration: Northern and Southern Dynasties;

For the first time, it was stipulated that "five clothes must be punished": Jin law/Beiqi law;

The first replay of the death penalty: Wu Tai in Northern Wei Dynasty;

Dali Temple was first established: Northern Qi Dynasty;

Ten evils were defined for the first time: A Brief Introduction to the Laws of the Tang Dynasty;

The earliest published code: Song Criminal Code;

The six-part method was adopted for the first time: Daming Law;

Daban First Construction: Ming Taizu/Zhu Yuanzhang;

The last (penultimate) written feudal code: Laws of the Qing Dynasty;

The first constitutional document: The Outline of the King James Constitution;

The first criminal law in the modern sense-Da Qing Xin Criminal Law;

The first bourgeois constitutional document: the Provisional Constitution of the Republic of China;

The first draft constitution of Beiyang government: Tiantan Constitution/Republic of China Constitution (draft);

The first constitution officially published in modern history: the Constitution of the Republic of China (referred to as the Bribery Constitution).