How to deal with crimes committed by reserve officers

Legal analysis: According to the principle of law application, if the same act of a soldier violates both the crime of violating duties and other crimes in the criminal law, the principle that special law is superior to common law should be strictly followed. In other words, if he commits a crime while performing military tasks, then he cannot apply ordinary laws. On the other hand, if he didn't commit a crime during the military mission, then the common law should be applied to the crime he committed.

Legal basis: People's Republic of China (PRC) Criminal Law.

Article 13 Endangering national sovereignty, territorial integrity and security, splitting the country, subverting the people's democratic dictatorship and overthrowing the socialist system, disrupting social and economic order, infringing on state-owned property or property collectively owned by working people, infringing on citizens' private property, infringing on citizens' personal rights, democratic rights and other rights, and other acts that endanger society that should be punished according to law are all crimes, but if the circumstances are obviously minor and the harm is not great, they are not considered crimes.

Article 14 Whoever knows that his actions will have consequences that will harm society and hopes or allows such consequences to happen, which constitutes a crime, is a deliberate crime. Whoever intentionally commits a crime shall bear criminal responsibility.