Chapter V Miscellaneous Provisions

Article 90 Where the provisions of this Law are not completely applicable in an ethnic autonomous area, the people’s congress of the autonomous region or of the province concerned may formulate alternative or supplementary provisions in light of the political, economic and cultural characteristics of the local ethnic groups and in accordance with the basic principles of this Law. The provisions so formulated shall become effective after they are submitted to and approved by the Standing Committee of the National People’s Congress.

Article 91 For purposes of this Law, the term “public property” refers to the following property:

(1) state-owned property;

(2) property of collective ownership; and

(3) public donations and special funds used for poverty relief and other public welfare purposes.

Private property that is managed, used or under transportation by a state organ, a state-owned company or enterprise, an enterprise of collective ownership or a people's organization, is considered public property.

Article 92 For purposes of this Law, “private property owned by citizens” refers to the following property:

(1) the lawful incomes, savings, houses and other means of livelihood, of citizens;

(2) means of production which belong to an individual or a family in accordance with the law;

(3) property lawfully owned by individual-run industrial and commercial households or private enterprises; and

(4) shares, stocks, bonds and other property which belong to individuals in accordance with the law.

Article 93 For purposes of this Law, a “state functionary” refers to a person who performs public service in a state organ.

The following are regarded as state functionaries: persons performing public service in state-owned companies, enterprises and public institutions, and people’s organizations; persons assigned by state organs and state-owned companies, enterprises and public institutions to perform public service in non-state-owned companies, enterprises and public institutions, as well as social organizations; and other persons performing public service in accordance with the law.

Article 94 For purposes of this Law, a “judicial officer” refers to a person who performs the duty of investigation, procuratorial work, adjudication, or the relevant supervision and administration.

Article 95 For purposes of this Law, a “serious injury” refers to any of the following injuries:

(1) an injury that results in disability or disfigurement of a person;

(2) an injury that results in the loss of a person’s hearing, sight, or the function of any other organ; or

(3) any other injury that causes serious harm to a person’s physical health.

Article 96 For purposes of this Law, “violation of the state regulations” refers to any violation of laws or decisions enacted by the National People’s Congress or its Standing Committee, or administrative regulations, administrative measures, decisions or orders formulated and issued by the State Council.

Article 97 For purposes of this Law, a “ringleader” refers to an offender who plays the role of an organizer, planner, or director in a criminal group or plays such a role in a crime committed by a gathered crowd.

Article 98 For purposes of this Law, the term “to be handled only upon complaint” refers to a case that will only be handled after the victim lodges a complaint. If the victim is unable to lodge a complaint because he is under coercion or intimidation, the people’s procuratorate or the victim’s close relatives may also file the complaint.

Article 99 For purposes of this Law, “not more than”, “not less than” and “within” include the given figures themselves.

Article 100 A person who has been subjected to criminal punishment in accordance with the law shall, when being enlisted in the military or seeking employment, report truthfully to the relevant entities about the punishment he received without concealment.

A person sentenced to punishment not heavier than fix-term imprisonment of 5 years who had not reached the age of 18 at the time of committing the crime is exempted from the reporting obligation provided in the preceding paragraph.

Article 101 The General Provisions of this Law are applicable to other laws containing provisions on criminal punishment, except where it is specifically provided otherwise in those laws.