[2000-2007] China criminal law. Administrative section

 

East China University Of Politics and Law2000Criminal law test

A, answer the following questions briefly (each question3Points, a total of15Points)

  1 After the case of common crime divided custody, expose the accomplice to the facts of the crime, criminal law can constitute the "surrender or meritorious?"

  2 Outside of the state designated trading places illegal buying and selling foreign exchange, disturb the market order, the circumstances are serious, how to convict?

  3 Villagers team leader by taking advantage of his office, the villagers group collective property unlawfully takes possession of a large amount of, how to define the crime?

  4 The crime of falsely making out special invoices for value-added tax in the "false" refers to what?

  5 The judicial personnel to use force to torture to extract confessions or testimony from witnesses to the crime suspect, accused person, cause death to conviction?

   Two, the deliberate crime understanding factor and will factor in crime constitution. (15Points)

   Three, the "one crime in nature" which includes several situation and common characteristics. (15Points)

   The four common features, which belongs to the provisions of crime in our criminal law crime of financial fraud and the crime. (15Points)

   The five, for three cases of robbery and legal analysis. (10Points)

   Six, the1997Revised criminal law of commutation and parole system. (10Points)

   Seven, the general concept of crime. (20Points)

 

East China University Of Politics and Law2001Criminal law test

A, answer the following questions briefly (each question3Points, a total of15Points)

  1 Regarding the punishment of the discontinuation of crime in criminal law.

  2 More than two people joint negligence crime, how to be convicted and punished?

  3 Criminal law stipulates the crime of misappropriating public funds, "how about the huge amount of misappropriation of public funds without returning" understand the meaning?

  4 The provisions of the criminal law on the crime of larceny in "multiple theft", how to identify?

  5 According to the relevant provisions of the criminal law, kidnapping resulting in death of the kidnapped person or kills the kidnapped person, how to convict?

   Two, according to the National People's Congress Standing Committee, village committee, village organizations at the grassroots level engaged in what work belongs to the criminal law article93The provisions of the second paragraph of the "engaged in official business in accordance with the laws of the people"? And the legal analysis. (15Points)

   Three, to clarify the concept of negligence and indirect intention of the main difference. (10Points)

   Four, clarify the provisions on the subject of corruption crime in the criminal law and the crime of bribery and the similarities and differences (10Points)

   Five, to clarify the NPC Standing Committee passed the "criminal law amendment" in criminal law168A (play favouritism and commit irregularities caused by loss of bankruptcy, crime) new revised, the revised provisions which is different from the original provisions? (15Points)

   Six, the "break a sin". (15Points)

   Seven, the object of crime and crime object. (20Points)

 

East China University Of Politics and Law2002Criminal law test

A, The simple explanation of the concept and the main difference (each question5Points, a total of25Points)

  1Imaginary defense and excessive defense

   2Continued offence committed and continuous

  3The commutation and parole

  4. crime of fraud and crime of illegal absorbing public deposits

  5. embezzlement and misappropriation of funds

   Two, To clarify the subjective elements in common crime. (10Points)

   Three, To elucidate the role of acts in criminal law gist and in the constitution of crime. (10Points)

   Four, Clarify the standards about the differentiation of one crime and several crimes in criminal law theory which has several main doctrine and jurisprudence. (10Points)

   Five, The main characteristics, clarify the concept of crime of causing traffic casualties and the revision of criminal law and the provisions of relatively backward analysis. (10Points)

   Six, The concept, clarify the main features of the kidnapping crime and illegal detention sin comparison. (10Points)

   Seven, Clarifying the concept of organization, leadership, to participate in organized crimes of the underworld society and main characteristics. (10Points)

   Eight, The basic principle of sentencing in criminal law of our country. (15Points)

 

2003Years of criminal law(Criminal Law100Points)

A, explain and distinguish the following concepts (20Points)

1, negligence and negligence overconfident negligence  2, attempted crime and attempted crime due to impossibility

3, general prevention and special prevention        4, the bills defraud crime and the crime of securities fraud

Short answer questions (two40Points)

1, clarify the concept and principle of punishment of implicated offense.

2To clarify the concept of surrender, and illustrates the revised criminal law which made a modification to the original criminal law?

3The maximum penalty for robbery, clarify the death penalty legal circumstances have? And the simple explanation.

4The similarities and differences between the concept, clarify the crime of dividing the state-owned assets and the joint corruption crime.

Three, to discuss the problem (40Points)

1, the foundation of criminal responsibility.

2, the "criminal law amendment (three)" the new regulations on punishing the crime of terrorism.

Criminal procedure (50Points)

Four, explain and distinguish the following concepts (10Points)

1,Sent and summoned        2The appeal and protest

Short answer questions (five20Points)

1What is the defender, legal status and responsibilities?

2Why, asked the witness to separate?

Six, to discuss the problem (20Points)Test summary procedure should be restricted and pay attention to the problem of application of the

 

2004Years of criminal lawThe criminal law100Divided)

A,Concepts (20Points)(1) natural crime and statutory crime     (2The crime of embezzlement and the crime of duty encroachment)(3Limitation of prosecution and execution time)     (4.The force majeure and predictable

Two,Simple (30Points)

1.Crime basic constitution of crime and correction

(2) the"Shall be reduced or exempted from punishment"What are the circumstances?

(3)2002The court on the subject of crime of malfeasance provisions;

(4)1 Embezzle money refused to refund any sin

    2 The flood and other specific funds for personal use what a sin

    3 The kidnapping crime of causing death what

    4 The death caused by torture to extract confessions made what crime

    5 The crime of affray where death

Three,Discussion (40Points)(1Criminal law) on the proviso(2On the essence of a crime)

Criminal procedure (50Divided)

Four, explain and difference:(10Points)

1Direct evidence   Circumstantial evidence         2Search   Reconnaissance

(five, t20Points)

1What are the procuratorate cases directly accepted by the

2What are the pretrial review?

Six, discuss (20Points)The burden of proof of criminal law.

Concept analysis5 'x 6

Answer10 'x 4

Case15 'x 2

Discussion15 15 20.

2006Years of criminal law

 

A simple explanation of criminal law, the concept and the main difference (each question5Points, a total of30Points)

1Territoriality principle and the nationality principle, the right of criminal jurisdiction

2, credulity defect and irresistible force

3In the common crime, criminal and principal

4The sale of fake and shoddy products, and the crime of illegal business crime

5, credit card fraud and crime of fraud on letter of credit

6Corruption crime, and the crime of dividing the state-owned assets two, short answer the following questions (for each question10Points, a total of40Points)

1The provisions of the criminal law, criminal responsibility age

2The provisions of the criminal law, the statute of limitations

3, aggravating and aggravated punishment of robbery plot

4, criminal law amendment (five) added a forged, altered financial tickets crime three, case study (each question10Points, a total of30Points)

1The widow, Wang and singles Xu because of an affair. One day a woman and her husband, Wang Ma back home to see mother, Xu know. That night, Xu and usual to Wang Mou accommodation. When Xu Wang dark into the room, he met the king out something not in. Wang's daughter saw someone in the dark, thought someone to rape thing, he loudly shouted:"The thief". In the next room horse a listen to his wife cried, rushed out and Xu collided, then a bar will Xu hammer injured. Please according to handling criminal law and the criminal law theory of the above cases.

2Defendant Zhang San, and Li Siben as a friend. A piece of three while a man repair houses on the occasion, steal a key to lie around the thief. The Li Sijian Zhang San act sneaking, know its harbour evil designs, they offer requirements200Element configuration. Zhang Sanyi choose to leave, "said Li four:"You're not here with me, I will tell you a home owner."Zhang San listens, say:"I won't pay less money, but you have to keep the secret for me."Li Si promised. Then Li four is Zhang San configuration keys, and Zhang Sanli used the key to the implementation of the theft of the rich. After the incident, Zhang San gave the key antecedents, Li Si so. Please according to handling criminal law and the criminal law theory of the above cases.

3, the defendant Wu to the coastal city to work in the name of the victim, the young woman Zhu (married), Pang Moupian out of the mountains, in preparation for the implementation of trafficking. On the road, Wu and Zhu had amour, emerge in its totality truth be on terms of intimacy, and not carrying Zhu sell them. Pang Mou see feeling suspicious, he insisted on going home, but was Wu block. One day in a small rented Hotel, Wu Mou sees Zhu Mou to go out shopping in the absence of Pang Mou, the implementation of the rape, so the Pang. In the town the rental period, Wu because of economic constraints, even with the first lie to Zhu in the hotel prostitution, then five thousand yuan to the price sold to farmers will Pang sun. Have money, Wu and Zhu left town. After the discussion, Wu Zhu to pretend to be another farmer Li Mou. Zhu and Lee lived January years, Li Moujia will be only eight thousand yuan swept away, and Wu in another a conjugal. After the two people together. Please according to handling criminal law and the criminal law theory of the above cases. Four, discuss the following issues (article1,2Question of the15Divided, No.3Questions20Points, a total of50Points)

1Characteristics of application of the test, the supplementary punishment in the criminal law of our country and the deprivation of political rights

2The difference in our country, the probation system in criminal law and other non imprisonment penalty

3The criminal law of our country, the bribery crime and analysis"Profit"The meaning and role in constituting a

 

2007Criminal law recalled version

 

AThe concept of difference: (only a part of the impression) seems to be6Group,12A noun explanationAging and the effect of time  Statutory penalty and punishment  Implicated offense and combination of crimeLarceny  The crime of Embezzlement  Corruption  Bribery (forget there is no test)Crime of forced transaction crime and what difference I forget

Civil and military and shellfish added: corruption and embezzlement, forced deals and robbed twoAnswer: Jane seems to have5Problem is, each10DividedThe provisions relating to company staff bribery crime in criminal law and modify what? The NPC Standing Committee on crime of fraud by credit card"Credit"What is the meaning of the rules?And I can't think of it......

Civil and military and Bei complement:Provisions of the criminal law on the surrender of the criminal law on the punishment of preparatory attempt, suspension, threeThe case questions:2A, like30Divided

1 About turn buy Women (actually a hermaphrodite)

2 Is a group of second case case is to deal with the principal crime group which acts, such as the rabbit complement test of transformed robbery:

1.aFor the purpose of making profits, the abduction of womenB(actually a hermaphrodite) to the remote mountain to the* *Money toC,CThat night and rapeB,But because ofBIs the man did not succeed,CFeel unwilling, heart is unripe one plan, willBResale, restore"Loss". So cheat others sayBIs his cousin, and willBAt the same price to sellD.Later the. AskA&cCriminal behavior. (AThere is no rapeB,AndAI don't knowBIs a bisexual person)

2A is a theft group leader. Have B, C. One day, B rate5People in the street to steal, was found, the people catch them. B five anti violence trap. This coincides with the C and his men5People pass by, (in the absence of ask for help under) and so5With violence (resist the mass arrest). Criminal liability of a and B, C, the behavior of the.FourTo discuss the problem:3A, the first two are each15Points, the last one is20Divided

1 The one-sided accomplice

2 Using the criminal law crime theory of robbery crime with aggravated circumstances whether exists uncompleted problem?

3 The object in criminal law of the crime of money laundering and correction?