Supreme People’s Court Notice Concerning Severely Attacking Criminal Activities Related to Illegal Publications

Posted on Updated on

SPC (1998) No. 4.

All provincial, autonomous region and municipal Higher People’s Courts, Liberation Army Courts Martial:

At present, criminal activities related to illegal publications are still very grave, smuggling from abroad and peddling obscene, reactionary, pirated Video Compact Discs (VCD) is manifold; and within the borders, there are some illegal CD production lines that have not been dug out, illegal audiovisual products reappear again in some areas, obscene and pornographic publications have a tendency to gain ground again; foreign hostile influences use publications channels to engage in and aggravate thought and cultural infiltration, a batch of publications containing serious political issues has entered the territory, is reproduced and by outlaws in some areas; piracy activities of dictionaries, reference books, secondary and primary tuition books and other bestsellers can’t be stopped despite repeated bans. In order to severely attack criminal activities related to illegal publications, purify the cultural environment, safeguard the cultural market order, the following is notified:

1: People’s Courts of all levels must fully recognise the gravity and harmfulness of the present criminal activities related to illegal publications and the necessity to punish this sort of criminals and restrain the spread of criminal activities according to the law. The Courts of all localities, and especially the Courts of the localities where these criminal activities are grave, have to arrange the attack work on this sort of criminal activities on the agenda of the trial work, and when this sort of cases is filed before the Court, must speedily complete investigation, and impose punishment according to the law.

2: The Criminal Law has different provisions dealing with this sort of criminal activities; the Supreme People’s Court is presently paying hurrying the publication of a Judicial Interpretation. The Courts of all localities have to earnestly organize criminal trial cadres to study the relevant provisions of the Criminal Law, and to speedily sentence this sort of criminals according to the law. Towards specific exceptional cases, if it is found that the provisions of the Criminal law are not clear enough when applying the law, it is allowed to gradually ask for instructions, submit a report to the Supreme People’s Court, but it is impossible to not accept and hear a case on the basis of unclarity of the law, and it is also impossible “to wait until after publication of the Judicial Interpretation to deal with it.”

3: Dealing with this sort of criminal activities, the criminals with grave character and loathsome circumstances, and the ringleaders and prime culprits joint crimes of organizing crimes with large destructiveness shall be the emphasis of the attack. Those among them of which the criminal activities are grave, but who are able to inform and expose underground production and sale lairs after they are brought to justice, after verification ore display other significant meritorious service, may be dealt with leniently. Those who only occasionally sell, in small quantities, or of which the criminal acts are ordinary, and admit guilt and submit to the law after being brought to justice, may also be dealt with leniently. But regardless of the gravity of the crime, they all must take the economic sanctions taken against them seriously, and undergo financial punishments, confiscation of property punishments, to deprive criminals of their illegally obtained economic gain.

4: Courts of focal areas must, under the guidance of the local Party Committee, and in close coordination with the relevant entities, timely develop special crack-downs attacking criminal activities relating to illegal publications, and pay attention to using the news media to vigorously propagate the situation of attacking this sort of crimes, in order to frighten the criminals, educate the masses, and effectively contain the clear result of this sort of criminal activity.

最高人民法院关于严厉打击有关非法出版物犯罪活动的通知

最高人民法院·法发[1998] 4号

各省、自治区、直辖市高级人民法院,解放军军事法院:

当前,有关非法出版物犯罪活动仍很严重,从境外走私、贩运淫秽、反动、盗 版激光视盘(VCD)的活动增多;境内还有部分非法光盘生产线未被挖出,非法音像制品在局部地区出现回潮,淫秽色情出版物有重新抬头的势头;境外敌对势力利用出版渠道对我进行思想文化渗透加剧,一批有严重政治问题的出版物流入境内,在一些地区被不法分子翻印出售;盗印辞书、工具书、中小学教学用书及其他畅销书的活动屡禁不止。为了严厉打击有关非法出版物犯罪活动,净化文化环境,维护文化市场秩序,现通知如下:

一、各级人民法院要充分认识当前有关非法出版物犯罪活动的严重性、危害性和依法惩治这类犯罪分子,遏制犯罪活动蔓延的必要性。各地法院特别是这类犯罪活动严重地区的法院,要把打击这类犯罪活动的工作切实摆上审判工作的议事日程,对起诉到法院的这类案件,要及时审结,依法惩处。

二、刑法对处罚这类犯罪活动分别作出了规定,最高人民法院正在抓紧作出司法解释。各地法院要认真组织刑事审判干部学习刑法的有关规定,依法及时判处这类犯罪分子。对个别特殊情况,如在运用法律时认为对刑法规定不够明确的,可逐级请示,呈报最高人民法院,但不能以法律规定不明确为由而不予受理,也不能“等到司法解释下发后才处理”。

三、对这类犯罪活动的处理,要把性质严重、情节恶劣的犯罪分子和有组织的、破坏性大的共同犯罪的首要分子、主犯列为打击重点。对其中罪行严重,但归案后能够检举揭发地下生产、销售窝点,经查证属实,或者有其他重大立功表现的,可以从宽处理。对于零星销售、数量不大或者罪行一般,归案后经教育能认罪服法的,也可以从宽处理。但无论罪重罪轻,都要重视对他们进行经济制裁,依法运用罚金刑、没收财产刑,剥夺犯罪分子非法取得的经济利益。

四、重点地区法院要在当地党委的领导下,和有关部门密切配合,适时开展打击有关非法出版物犯罪活动的专项斗争,并注意利用新闻媒介大力宣传打击该类犯罪的情况,以取得震慑犯罪,教育群众,有效遏制这类犯罪活动的明显成效。

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s