3.16.2009

Chapter V Other Provisions

Chapter V Other Provisions

Article 90. In situations where the autonomous areas inhabited by ethnic groups cannot completely apply the stipulations of this law, the people’s congresses of the autonomous regions or of the provinces may formulate alternative or supplementary provisions based upon the political, economic, and cultural characteristics of the local ethnic groups and the basic principles of the stipulations of this law, and these provisions shall go into effect after they have been submitted to and approved by the National People’s Congress Standing Committee.

Article 91. The term "public property" in this law refers to the following property:

(1) property owned by the state;
(2) property owned collectively by the laboring masses;
(3) public donations to be used for aiding the poor and other public services, or property of special funds.

Private property that is being managed, used or transported by state organs, state-owned corporations, enterprises, collective enterprises, and people’s organizations is to be treated as public property.

Article 92. The term "citizens’ private property" in this law refers to the following property:
(1) citizens’ lawful income, savings, houses and other means of livelihood;
(2) means of production that are under individual or family ownership according to law;
(3) lawful property of independent businesses and private enterprises;
(4) shares, stocks, securities and other property that are under individual ownership according to law.

Article 93. The term "state personnel" in this law refers to all personnel of state organs.
Personnel engaged in public service in state-owned corporations, enterprises, institutions, and people’s organizations; and personnel which state organs, state-owned corporations, enterprises, and institutions assign to engage in public service in nonstate-owned corporations, enterprises, institutions, and social organizations; as well as other working personnel engaged in public service according to the law, are to be treated as state personnel.

Article 94. The term "judicial personnel" in this law refers to personnel engaged in the functions of investigating, prosecuting, adjudicating, supervising and controlling offenders.

Article 95. The term "serious injury" in this law refers to any one of the following injuries:
(1) injuries resulting in loss of the use of a person’s limbs or disfigurement;
(2) injuries resulting in loss of the use of a person’s hearing, sight, or functions of any other organ; or
(3) other injuries that cause grave harm to a person’s physical health.

Article 96. The phrase "violating state stipulations" in this law refers to violation of laws and decisions formulated by the National People’s Congress or the National People’s Congress Standing Committee; and administrative measures prescribed in administrative ordinance and regulations formulated by the State Council; as well as decisions and decrees the State Council promulgated.

Article 97. The term "ringleader" in this law refers to a criminal element who plays the role of organizing, planning or directing a criminal group or a crowd assembled to commit a crime.

Article 98. The phrase "To be handled only upon complaint" in this law refers to handling a case only when the victim files a complaint. If the victim is unable to file a complaint because of coercion or intimidation, a people’s procuratorate and the victim’s close relatives may also file the complaint.

Article 99. Such phrases as "not less than," "not more than" and "within" in this law all include the given figure.

Article 100. When people join the military, or seek employment, those who received criminal punishments according to law shall factually report to the relevant units the punishments they had received and may not conceal them.

Article 101. The General Provisions of this law are applicable to other laws and decrees with stipulations for criminal punishments, but other laws having special stipulations are exceptions.

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