中国民事刑事法律法规中英数据库
对于适用保外就医可能有社会危险性的罪犯，或者自伤自残的罪犯，不得保外就医。 If a criminal to be released on parole for medical treatment may endanger the community or if a criminal injures himself or makes himself disabled, he may not be released on parole for medical treatment.在假释考验期限内，发现被假释的犯罪分子在判决宣告以前还有其他罪没有判决的，应当撤销假释，依照本法第七十条的规定实行数罪并罚。 If a criminal who is granted parole is discovered to have committed, before the judgment is pronounced, other crimes for which no punishment is imposed, the parole shall be revoked and a combined punishment for several crimes shall be given according to the provisions of Article 70 of this Law.在假释考验期限内，发现被假释的犯罪分子在判决宣告以前还有其他罪没有判决的，应当撤销假释，依照本法第七十条的规定实行数罪并罚。 If a criminal who is granted parole is discovered to have committed, before the judgment is pronounced, other crimes for which no punishment is imposed, the parole shall be revoked and a combined punishment for several crimes shall be given according to the provisions of Article 70 of this Law.被假释的犯罪分子，在假释考验期限内，有违反法律、行政法规或者国务院公安部门有关假释的监督管理规定的行为，尚未构成新的犯罪的，应当依照法定程序撤销假释，收监执行未执行完毕的刑罚。 If a criminal who is granted parole, during the probation period for parole, violates laws, administrative rules and regulations or other regulations relating to supervision and control over parole stipulated by the department of public security under the State Council but the violation does not constitute a new crime, the parole shall be revoked in accordance with legal procedure and he shall be put back into prison to serve the remaining part of criminal punishment.被假释的犯罪分子，在假释考验期限内，有违反法律、行政法规或者国务院公安部门有关假释的监督管理规定的行为，尚未构成新的犯罪的，应当依照法定程序撤销假释，收监执行未执行完毕的刑罚。 If a criminal who is granted parole, during the probation period for parole, violates laws, administrative rules and regulations or other regulations relating to supervision and control over parole stipulated by the department of public security under the State Council but the violation does not constitute a new crime, the parole shall be revoked in accordance with legal procedure and he shall be put back into prison to serve the remaining part of criminal punishment.对驳回申请回避的决定，当事人及其法定代理人可以申请复议一次。 If a decision has been made to reject his application for withdrawal, the party or his legal representative may apply for reconsideration once.被告人、自诉人、附带民事诉讼的原告人和被告人直接向第二审人民法院提出上诉的，第二审人民法院应当在三日以内将上诉状交原审人民法院送交同级人民检察院和对方当事人。 If a defendant, private prosecutor, or a plaintiff or defendant in an incidental civil action files an appeal directly to the People's Court of second instance, the People's Court shall within three days transfer the petition of appeal to the People's Court which originally tried the case for delivery to the People's Procuratorate at the same level and to the other party.监护人不履行监护职责或者侵害被监护人的合法权益的，应当承担责任；给被监护人造成财产损失的，应当赔偿损失。 If a guardian does not fulfil his duties as guardian or infringes upon the lawful rights and interests of his ward, he shall be held responsible; if a guardian causes any property loss for his ward, he shall compensate for such loss.应当由全国人民代表大会及其常务委员会制定法律的事项，国务院根据全国人民代表大会及其常务委员会的授权决定先制定的行政法规，经过实践检验，制定法律的条件成熟时，国务院应当及时提请全国人民代表大会及其常务委员会制定法律。 If a matter which ought to be regulated by national law enacted by the National People's Congress and its Standing Committee, and pursuant to a enabling decision issued by the National People's Congress and its Standing Committee, the State Council has enacted an administrative regulation for the time being, and after trial by practice, the conditions for enactment of the relevant national law has matured, the State Council shall timely submit a request to the National People's Congress and its Standing Committee for enactment of the relevant national law.尚未完全丧失辨认或者控制自己行为能力的精神病人犯罪的，应当负刑事责任，但是可以从轻或者减轻处罚。 If a mental patient who has not completely lost the ability of recognizing or controlling his own conduct commits a crime, he shall bear criminal responsibility; however, he may be given a lighter or mitigated punishment.尚未完全丧失辨认或者控制自己行为能力的精神病人犯罪的，应当负刑事责任，但是可以从轻或者减轻处罚。 If a mental patient who has not completely lost the ability of recognizing or controlling his own conduct commits a crime, he shall bear criminal responsibility; however, he may be given a lighter or mitigated punishment.当事人认为记载有遗漏或者差错的，可以请求补充或者改正。 If a party considers that there are omissions or errors in the record, he may request additions or corrections to be made.下级人民法院认为案情重大、复杂需要由上级人民法院审判的第一审刑事案件，可以请求移送上一级人民法院审判。 If a People's Court at a lower level considers the circumstances of a criminal case in the first instance to be major or complex and to necessitate a trial by a People's Court at a higher level, it may request that the case be transferred to the People's Court at the next higher level for trial.人民检察院认为人民法院减刑、假释的裁定不当，应当依照刑事诉讼法规定的期间提出抗诉，对于人民检察院抗诉的案件，人民法院应当重新审理。 If a people's procuratorate considers that a ruling on commutation or parole made by a people's court is improper, it may lodge a protest within the time limit specified by the Criminal Procedure Law. With respect to the case protested by the people's procuratorate, the people's court shall try it anew.人民检察院认为对罪犯适用暂予监外执行不当的，应当自接到通知之日起一个月内将书面意见送交批准暂予监外执行的机关； If a people's procuratorate considers that it is improper to apply temporary execution outside prison to the prisoner, the people's procuratorate shall send its written opinions within one month from the date of receiving the notice to the organ that approved the temporary execution outside prison.对正在进行行凶、杀人、抢劫、强奸、绑架以及其他严重危及人身安全的暴力犯罪，采取防卫行为，造成不法侵害人伤亡的，不属于防卫过当，不负刑事责任。 If a person acts in defence against an on-going assault, murder, robbery, rape, kidnap or any other crime of violence that seriously endangers his personal safety, thus causing injury or death to the perpetrator of the unlawful act, it is not undue defence, and he shall not bear criminal responsibility.对正在进行行凶、杀人、抢劫、强奸、绑架以及其他严重危及人身安全的暴力犯罪，采取防卫行为，造成不法侵害人伤亡的，不属于防卫过当，不负刑事责任。 If a person acts in defence against an on-going assault, murder, robbery, rape, kidnap or any other crime of violence that seriously endangers his personal safety, thus causing injury or death to the perpetrator of the unlawful act, it is not undue defence, and he shall not bear criminal responsibility.有前款第（一）项至第（三）项所列行为的，没收其枪支，可以并处五千元以下罚款； If a person commits one of the acts mentioned in sub-paragraphs (1), (2), and (3), his guns shall be confiscated and he may also be fined not more than 5,000 yuan.有前款第（五）项所列行为的，由公安机关、工商行政管理部门按照各自职责范围没收其仿真枪，可以并处制造、销售金额五倍以下的罚款，情节严重的，由工商行政管理部门吊销营业执照。 If a person commits the act mentioned in sub- paragraph (5), the public security organ and the administrative department for industry and commerce shall, within the scope of their respective functions, confiscate the imitation guns and may also impose a fine of not more than five times the amount of money spent on their manufacture or earned from their sale; if the case is serious, the administrative department for industry and commerce shall revoke the person's business license.因不满十六周岁不予刑事处罚的，责令他的家长或者监护人加以管教；在必要的时候，也可以由政府收容教养。 If a person is not given criminal punishment because he has not reached the age of 16, the head of his family or his guardian shall be ordered to discipline him. When necessary, he may be taken in by the government for rehabilitation.因不满十六周岁不予刑事处罚的，责令他的家长或者监护人加以管教；在必要的时候，也可以由政府收容教养。 If a person is not given criminal punishment because he has not reached the age of 16, the head of his family or his guardian shall be ordered to discipline him. When necessary, he may be taken in by the government for rehabilitation.因不满十六岁不处罚的，责令他的家长或者监护人加以管教；在必要的时候，也可以由政府收容教养。 If a person is not punished because he has not reached the age of 16, the head of his or her family or his or her guardian shall be ordered to discipline and educate him or her. When necessary, he or she may also be taken in by the government for reeducation.刑满释放人员丧失劳动能力又无法定赡养人、扶养人和基本生活来源的，由当地人民政府予以救济。 If a person released after serving his sentence has lost his ability to do labour, and has no statutory supporters or basic source of income, the local people's government shall offer him relief.受到罚款处罚，不申请行政复议或者提起行政诉讼，又不履行处罚决定的，作出处罚决定的司法行政部门可以申请人民法院强制执行。 If a person who has been fined neither applies for reconsideration, institutes administrative proceedings, nor performs the penalty decision, the judicial administration department that rendered the penalty decision may apply to a People's Court for enforcement.有财产的无民事行为能力人、限制民事行为能力人造成他人损害的，从本人财产中支付赔偿费用。 If a person who has property but is without or with limited capacity for civil conduct causes damage to others, the expenses of compensation shall be paid from his property.
