I. Criminal Law Amendment IX Retaliation Article 308 of the Criminal Law: Whoever retaliates against a witness shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. One article is added after Article 308 of the Criminal Law as one of Article 308: "Judicial personnel, defenders, agents ad litem or other participants in litigation who disclose information that should not be made public in a case that is not tried in public according to law, thus causing public dissemination or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined." Whoever commits the acts mentioned in the preceding paragraph and divulges state secrets shall be convicted and punished in accordance with the provisions of Article 398 of this Law. If the case information specified in the first paragraph is publicly disclosed and reported, if the circumstances are serious, and the unit is punished for committing the crime mentioned in the preceding paragraph in accordance with the first paragraph, the unit shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the first paragraph. " This article is about the crime and punishment of retaliating against witnesses. The subject of this crime is the general subject, that is, anyone who retaliates against witnesses can constitute this crime. The objective aspect of this crime is "taking revenge on witnesses", which includes not only witnesses in criminal proceedings, but also witnesses in administrative and civil proceedings. "Retaliation" includes many ways, mainly including hurting witnesses by violence, taking advantage of authority to reduce salary, demote, dismiss, publicly insult or fabricate facts and slander. According to the different circumstances of the crime, this article stipulates two grades of punishment. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Among them, "serious circumstances" mainly means that the perpetrator's criminal means are extremely bad; Taking revenge on witnesses for many times or taking revenge on multiple witnesses; Causing serious consequences such as the victim's mental disorder and suicide. It should be pointed out that if the perpetrator who retaliates against the witness intentionally hurts or kills the witness or commits other criminal acts, his behavior constitutes the crime of injury and homicide. Shall be punished according to the principle of heavier punishment in the criminal law and the provisions of heavier punishment for the crimes committed in this act. Two. Article 63 People's courts, people's procuratorates and public security organs shall ensure the safety of witnesses and their near relatives. Threatening, insulting, beating or retaliating against witnesses and their close relatives, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it is not serious enough for criminal punishment, it shall be given administrative punishment for public security according to law. Three. Related comments (1). This is a new crime stipulated in the new criminal law to strengthen witness protection. (2) The subject of this crime is the general subject, and the subjective aspect is intentional behavior. The object of infringement is the witness's personal democratic rights, which further endangers the normal judicial activities of the country. Objectively, it is manifested in various forms of retaliation against witnesses. (3) The difference between this crime and the crime of revenge and framing is the difference between subject and object. The crime of retaliation and frame-up refers to the retaliation and frame-up of ordinary citizens by state employees, and this crime is the witness of retaliation by ordinary citizens and state employees. (4) This crime is an act crime. As long as there is retaliation, it constitutes a crime. Through the introduction of the above article, I believe that you have a specific knowledge framework for revenge in the Ninth Amendment to the Criminal Law, understand the complete content of revenge, and can distinguish the subject and object of crime well. Only when the subject and object are clearly distinguished can we trace back to the corresponding legal provisions. Criminal suspects must be brought to justice and punished in accordance with clear regulations.