A, single choice:

2010.

1 "sinThe criminal lawThe principle requirement is: (1) prohibited retroactive (statutory crime of _____); (2) the customary (statutory crime of _____); (3) prohibition of analogy to explain (statutory crime of _____); (4) the penalty regulations appropriate (statutory sentence of ______)." Which one of the following options and stem the space to match the content? () (2010 2 radio first questions)

A. -- -- -- strictly determined prior written

B. -- -- -- strictly determined prior written

C. pre -- -- -- determine the strict written

D. -- -- -- Determination of strict prior written

"Answer" D

The basic principles of criminal law "test"

"Specific requirement analysis principle of legality is: (1) the prohibition of retroactivity, namely pre legality. Crime and punishment must be pre specified in the act, criminal law shall not be applied retroactively to the announcement, before the implementation of behavior. (2) the customary law, namely written legal principle of crime and punishment. Crime and punishment by lawmakers to pass a specific program in the form of text recorded on the statute, criminal justice should prevail, and not applicable law. (3) the reasonable interpretation of criminal law, prohibition of analogy, namely strict legality. The analogy to explain is the punishment of the law had not stipulated in advance to give punishment behavior, which belongs to the judicial arbitrariness of national behavior is suppressed, which is not allowed. (4) the appropriate punishment regulations, that determine the legal principle of crime and punishment. At the same time, the appropriate punishment regulations include criminal law clearly prohibit the punishment, improper punishment, punishment of three aspects of uncertainty.

2 guards on duty police a AWOL, the criminal suspect in custody B took the opportunity to escape, but just went to the prison of trees were recaptured. About the case, which of the following statements are true? () (2010 2 Radio second questions)

A. is a subjective fault, B is deliberately

B. a, B are non premeditated accomplice

C. constitute a con stitutive requirements

D. B does not constitute the crime of escape

"Answer" A

"D" subjective elements of crime, accomplice

"Resolution" A. The on duty police a AWOL, causes B took the opportunity to escape, not a intentionally let B, therefore, a subjective negligence; the criminal suspect in custody for the implementation of intentional B escape, escape behavior, therefore, B subjective is deliberately.

Option B error. Establish requirements for common criminals have the common criminal intent, one human error, not an accomplice. Therefore, Party A and Party B not accomplice.

Option C error. The subjective aspect of crime of releasing prisoners for intentional, negligence does not constitute the crime, it is a subjective fault, not deliberately, so do not constitute crime of releasing prisoners.

Option D error. As long as the implementation of the escape behavior that was accomplished, in this case, B although eventually recaptured, but still constitutes a crime of escape.

3 of the criminal law of causality, which of the following is correct? () (2010 2 Radio third questions)

A. a shot B, B quickly Dodge, the bullet hit behind B C. With no causal relationship between behavior and the C a death

B. a chased the thief B, B hurried into a speeding car died. The causal relationship between the behavior and B a death

C. a, B without meaning contact, happened to shoot C at the same time, and were hit by the heart. With no causal relationship between behavior and the C A, B's death

D. a homicidal intentionally to B food put in a lethal poison, but in the poison effect, shot and killed a B C. With no causal relationship between behavior and the B a death

"Answer" D

"Causality test" of criminal law

"Analytic" option is A error. According to the causality between the behavior and the conditions that, when there are no results of the former and the latter condition when it doesn't matter, the former is the reason for the latter. Option A, a shot of ethylene, ethylene dodge and hit behind B C. Although there is no intent to kill or harm a C, but without a fire behavior, is not C was shot in the consequences, so the existence of a causal relationship between behavior and C a result of death.

Option B error. As the reason of behavior must have the possibility of harm results occur reality, refers to a behavior to harm the objective basis result, which is the precondition for the existence of a causal relationship between the behavior and the result. Option B, a chased the thief B, a behavior have justice, does not have the harm of objective basis result, therefore has no causal relationship between the behavior and B a death.

Option C error. A harmful result caused by a number of harmful behavior, in that a certain behavior is the cause of a harmful result, can not easily deny other behavior is also the result of causes. Option C, a and B, behavior can cause C death, therefore, have a causal relationship between behavior and the C A, B's death.

D. According to the causality condition, has nothing to do with the former "condition" after condition directly lead to result, and even if not before "conditions" also will occur when there is no causal relationship between the results, before the "conditions" and results. Option D, C shot "conditions" intervention led directly to the second death, therefore, there is no causal relationship between behavior and B a death.

4 a (fifteen years old). Which of the following is a crime? () (2010 2 Radio fourth questions)

A. during the Spring Festival firecrackers, resulting in a fire in the neighborhood, killing about one hundred thousand yuan property loss

B. cheat the huge amount of property, resisting arrest, on the spot will be others seriously wounded the use of violence

C. was intent to defraud insurance money Zhang ordered, Zhang's car is pushed to the cliff destroyed

D. for stealing apples from the drink, then took out a fruit knife to stab into minor injuries

"Answer" B

"The age of criminal responsibility center"

"Resolution" option A, C error. "Criminal law" the seventeenth paragraph second, has over fourteen years of age under sixteen years of age, the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, poisoning crime, criminal responsibility shall be borne. Option A belongs to the fire behavior. Option C belongs to vandalism minors under the age of 15 for the two act shall not bear criminal responsibility.

Option B option D error correct. "The NPC Law Committee, a full fourteen years of age under sixteen years of age who bear the scope of criminal law responsibility reply" provisions, eight kinds of criminal provisions in the second paragraph of the criminal law seventeenth, refers to the specific criminal acts but not the specific charges. The provisions of article seventeenth of the criminal law "in the crime of intentional homicide, intentionally causing serious injury or death", is that as long as the intentionally murder, violence and caused serious injuries, death, shall be subject to criminal liabilities. Hereby, option B armor to use violence to others seriously wounded, a response to the serious results caused by others shall bear criminal responsibility, the crime of intentional injury. Option D, a behavior caused only minor injuries to the victim, does not constitute a crime.

5 armor and a woman having an affair, his wife B bitterness. One day, B will poison mix into the dish in the intent to destroy a. Because waiting did not return and afraid of legal sanctions, B and dispel kill evil, will dish out. About B behavior, which of the following statements are true? () (2010 2 Radio fifth questions)

A. preparatory crime

Suspend B. crime preparatory crime

C. attempted crime

D. crime termination stage of crime

"Answer" B

"Test" the incomplete crime patterns

"Resolution" "criminal law" the twenty-second paragraph first, in order to crime, preparation tools, manufacturing conditions, is the preparation for a crime. The criminal will preparatory act into two categories, namely preparation tool and manufacturing conditions. Prepare tools is in fact to commit manufacturing conditions, because is the most common preparation behavior, the criminal law to be special provisions. Prepare tools, that is prepared to implement the criminal tools, mainly as follows: buy certain items as instruments of crime; crime tool; modification items so as to meet the needs of others crime; loan items as instruments of crime; crime theft of items as tools etc.. Manufacturing conditions, means that in addition to prepare tools other than everything for committing a crime of manufacturing conditions to prepare behavior, such as the investigation of crime and victim's whereabouts starting to place, place of crime or waiting for the arrival of the victim, the victim to the crime scene lured, etc.. In this case, B for a murderer intentionally will poison mix into the dish in the act of preparing tools for B, then gave up the crime and actively prevent the occurrence of harmful results, suspend crime. Therefore, suspend crime the crime preparation stage B.

6 about the joint crime, which of the following statements are true? () (2010 2 Radio sixth questions)

A. a, B should be foreseen but did not foresee the mountain people, jointly push down on a piece of stone C. Only that a and B, the establishment of the joint negligence crime, to a, B to the death caused by negligence crime

B. a that B committed intentional homicide and hide and property to B. A and B, joint crime

C. police a intentionally provide false B implementation for insurance fraud identification conclusion. A and B, joint crime

A D. security personnel to criminals send news secretly help them escape punishment B. A and B, the establishment of common crime

"Answer" C

"D" common crime

"Analytic" option is A error. Between crime requires each accomplice, the existence of common crime, joint negligence does not constitute a crime. Although the A option in a and B is not joint negligence crime, but does not prevent sentencing convicted separately according to their own situation and criminal negligence.

Option B error. Harboring, non premeditated shield behavior, and the behavior of non premeditated conceal, conceal the crime income and profits, not the accomplice. If premeditated, set up related crime accomplice. Option B, B without prior collusion behavior, not the establishment of joint crime.

C. "Criminal law" the 198th paragraph fourth, appraisers, certifiers, property assessment who intentionally provide false documents, and provide conditions for others to commit fraud, shall be punished as an accomplice in insurance fraud. Option C, a as appraiser insurance accident insurance fraud, deliberately to B implementation provides false identification of the conclusions, a and B, constitute the crime of insurance fraud crime.

Option D error. "Criminal law" the 417th regulation, a functionary of a state organ suppressed crime responsibility, provide convenience to criminals, send news secretly, help criminals escape punishment, constitute the crime of helping criminals escape punishment. Accordingly, D options constitute a crime of helping criminals escape punishment, but not the establishment of joint crime and B.

7 two enemy. One night, two people fighting occurred in the hall, a and B, happened to be present and all belong to a party. The fighting B stabbed a small arm, a used sticks to hit the head of death caused by B, B. About a behavior, which of the following statements are true? () (2010 2 Radio seventh questions)

A. is justifiable defence

B. belongs to the emergency

C. belongs to the excessive defense

D. belongs to the intentional homicide

"Answer" D

"D" justifiable defense and emergency hedge

"Resolution" in this case, a and B two people involved in is the affray, in the fight between the A and B two people in to deliberately hurt each other, no defense or hedging purposes, a stick hit induced b death behavior B head, constituted the crime of intentional homicide.

8 on recidivism, which of the following is correct? () (2010 2 Radio eighth questions)

A. a robbery was sentenced to ten years, and deprivation of political rights for three years. A supplementary punishment execution within five years from the date of completion and crime. A recidivism

B. a committed robbery crime in 2005 March released on parole, probation period for the remaining two years. A probation period from within five years from the date of intentionally committing a felony. A recidivism

C. a guilty of crimes of endangering national security five years period, six years after the murder. A recidivism

D. can be given a heavier punishment for recidivist

"Answer" B

"D" recidivism

"Resolution" "criminal law" the sixty-fifth regulation, a criminal element sentenced to fixed-term sentence or more severe punishment, punishment is finished or pardon, within five years shall be sentenced to more than make a punishment of sin, is a recidivist, shall be given a heavier punishment, but negligence crime except. The deadline stipulated in the preceding paragraph, the offender paroled, counted from the date the parole expires.

Option A error. For a period of 5 years from the completion of execution of criminal recidivism or pardon started calculating, sentence executed does not include the additional penalty execution.

Option C error. "Criminal law" the sixty-sixth regulation, the crime of endangering national security in the penalty is finished or pardon, at any time to commit the crime of endangering national security, are to be treated as recidivists. Accordingly, special recidivist requirements before and after the two crimes are crimes of endangering national security, options in C after the murder crime is not the crime of endangering national security, not to set up special recidivist, more than 5 years is not the general recidivism.

Option D error. Recidivism is not shall be given a heavier punishment, may be given a heavier punishment.

9 a woman was arrested for robbery and murder, custody slipped abortion. After January, a prosecution. On a processing, which of the following statements are true? () (2010 2 Radio ninth questions)

A. should be regarded as "the pregnant women", the application of the death penalty

B. should be regarded as "the pregnant woman", can be used two year stay of execution

C. shall not be regarded as "the pregnant women", be forced to have an abortion is not due to a

D. shall not be regarded as "the pregnant women, abortion is not due to" a fall in the trial

"Answer" A

"Point" not applicable death penalty

"Resolution" "criminal law" the provisions of article forty-ninth, the time when the crime under the age of eighteen and trial of pregnant women, the application of the death penalty. The supremeCivil lawInstitute "about whether to pregnant women trial in custody during spontaneous abortion can be approved to apply the death penalty problem" (1998). The approved regulations, pregnant women because of suspected criminal in custody after natural abortion, but also due to the fact that the same prosecution, trial, should be regarded as "trial when pregnant women", do not apply the death penalty in accordance with the law. Accordingly, in this case a woman in custody during abortion, should be regarded as "trial when pregnant women", do not apply the death penalty in accordance with the law. In addition, the death penalty including the immediate execution of death penalty and death, death penalty means it is not suitable for stay of execution.

10 about commutation, which of the following statements are true? () (2010 2 Radio tenth questions)

A. commutation is only applicable to the criminals sentenced to criminal detention, fixed-term imprisonment and death

B. on the inmates of the commutation of the sentence of not more than three times, otherwise undermine the authority of the original judgment

C. was sentenced to life imprisonment commutation, the actual execution time may be more than fifteen years

D. was sentenced to life imprisonment, criminal sentence commuted, need to a higher court for approval

"Answer" C

"D" commutation

"Analytic" option is A error. According to the "criminal law" provisions of article Seventy-eighth, applicable object of commutation is sentenced to public surveillance, criminal detention, fixed-term imprisonment of criminals. Option A misses was sentenced to "control" situation, at the same time more than one was sentenced to "reprieve" situation.

Option B error. "Criminal law" and the judicial interpretation is not to limit the number of commutation.

C. "The Supreme People's Court on the provisions of article eighth, the provisions for the commutation of the sentence" on several issues of specific application of the law of the case, was sentenced to life imprisonment commutation, the actual execution of the sentence of not less than ten years, the start time shall be calculated from the life imprisonment sentence of the date of. Hereby, was sentenced to life imprisonment sentence may actual execution time may exceed fifteen years.

Option D error. "Criminal law" the provisions of article seventy-ninth, the criminal sentence, the people's court at or above the intermediate written proposal for commutation of punishment. The people's court shall form a collegial panel to conduct the trial, the true repentance or crime fact, decide commutation of punishment. Without legal procedures shall not commutation. Accordingly, no relevant regulations reported to the higher people's court approved.

11 armor will neighbor sold Liang Zhan rice sprinkling pesticide, took part as bait, poison the sale with restaurants, illegal profit of 5000 yuan. About the qualitative behavior, which of the following statements are true? () (2010 2 Radio eleventh questions)

A. constitute the crime of intentional destruction of property

B. constitute the crime of endangering public safety and theft

C. only constitute the crime of endangering public safety

D. constitute the crime of throwing dangerous substance and selling poisonous, harmful food sin

"Answer" D

"Test" the crime of endangering public safety, crime of throwing dangerous substance and selling poisonous, harmful food sin

"Resolution" a neighbor sold Liang Zhan rice sprinkling pesticide, which belongs to the delivery of dangerous substances act, constitute the crime of throwing dangerous substance; a take out part of the pesticide spraying rice as bait, poison the sale with restaurants, illegal profit of 5000 yuan this behavior constitute the production, selling poisonous and harmful food crimes, therefore at the same time constitutes a crime of throwing dangerous substance and selling poisonous, harmful food sin.

12 a construction site liftman Liu did not notice someone below: press the start button, causing repair worker Zhang was extruded died. Liu to report the accident conceals his press the start button in the. Qualitative about Liu behavior, which of the following statements are true? () (2010 2 Radio twelfth questions)

A. (indirect) murder

B. negligence crime death

C. lied about safety accident crime

D. serious liability accident crime

"Answer" D

"D" serious liability accident crime

"Analytic" option is A error. Liu subjectively negligent homicide, intentionally, not so, was not intentional homicide.

Option B error, D. The crime of major accident liability, is refers to the violation of the provisions of the safety management in production, operation, thus causing major casualties or other serious consequences. In this case, the operator Liu did not pay attention to someone below: press the start button, causing repair worker Zhang was extruded died. Liu's actions are in violation of the provisions of relevant safety management in production, in the process of operation, causing heavy casualties accident behavior, constitute a major liability accident crime. In addition, a major liability accident crime and the crime of negligence causing death belongs toThe lawThe relationship of cooperation and competition, the application of special law is superior to common law principles, should be a major liability accident crime.

Option C error. Don't quote, false security accident crime, refers to safety after the accident, have report responsibility personnel do not report or make a false report of the accident, delaying the rescue of accident, serious behavior. The subject of crime of safety accidents "negative report of responsibility", namely the production and business units responsible person, the actual controller, is responsible for the operation of the investor and the other for reporting duties. The establishment of this crime also asked for not reporting or falsely report the accident, bungling the accident rescue, the circumstances are serious. In this case, although Liu report accidents to hide their press the start button of the facts, but the harm result has occurred, and not because of false and bungling the accident rescue, the circumstances are serious. Therefore, Liu Mou does not constitute a newspaper, or safety accident crime.

13 on the currency crime, which of the following statements are true? () (2010 2 Radio thirteenth questions)

A. to monetary fragments as materials, adding the other paper, made into a coin, which belongs to the altered currency

B. will be melted metal currency, making more money, metal thin, belongs to the altered currency

C. will be the counterfeit money as gifts to others, which belongs to the use of counterfeit money

D. transport of counterfeit money and the use of counterfeit money, according to the transport of counterfeit currency crimes shall be given a heavier punishment

"Answer" C

"D" currency crime

"Resolution" option A, B error. Counterfeit money is no currency rights of people, the illicit manufacturing of appearance enough to make most people mistakenly think that is false money, monetary credit behavior of public nuisance. Altered currency refers to illegal processing in various ways for real money, make it into a denomination, content of different currencies, the large amount of behavior. According to the above definition, forgery is the imitation of real money, real money is corresponding with the created counterfeit money, may also be the behavior of people is designed to make most people mistakenly believe that the currency is counterfeit money; altered is processed in a variety of ways to real money itself, change the value, content behavior. To really make money for materials, loss of distortion currency appearance of counterfeit money, shall be determined as the crime of counterfeiting currency. The metal currency after melting, made into a thinner, more metal currency, which belongs to the counterfeit money. Therefore, the option A, B in the case of counterfeiting, not to the altered currency act.

C. The use of counterfeit currency crimes in the "use" refers to the currency as true money and use. Can be using counterfeit money to look legitimate way, such as the purchase of goods, exchange to another currency, banking, or gift to others, counterfeit money used to pay fines or penalties, also can use money to illegal means, such as counterfeit money for gambling. Therefore, the counterfeit money as gifts to others, which belongs to the use of counterfeit money.

Option D error. "The Supreme People's Court on the trial of counterfeit currency case concrete application law interpretation of several issues" second paragraph second, sale, transport behavior of counterfeit crime, while the use of counterfeit behavior, in accordance with the provisions of article 171st of the criminal law, article 172nd, the number of crimes. Therefore, transport of counterfeit money and the use of counterfeit currency, shall be based on the transport of counterfeit currency crimes and the crime of using counterfeit money crimes.

14 Zhang stolen colleagues a bank debit card and ID card, picked up to her husband Hemou lied on the road. Zhang Mou according to the ID number to try out a debit card password, the cardholder spending 5000 yuan. About the case, which of the following statements is true? () (2010 2 Radio fourteenth questions)

A. Zhang and Hemou constitute theft

B. Zhang and Hemou constituted the crime of credit card fraud

C. Zhang constitute the crime of theft, Hemou constitute the crime of credit card fraud

D. Zhang constitute the crime of credit card fraud, what one does not constitute a crime

"Answer" C

The "center" of theft, the crime of credit card fraud

"Resolution" "criminal law" the 196th paragraph third, "stealing credit card and using fixed theft. In this case, Zhang stolen colleagues a bank debit card and use constitute the crime of theft. The Supreme People's Procuratorate "reply" about picking up other people's credit card and use the ATM to conduct qualitative issues regulations, picking up other's credit card and automated teller machine (ATM machine) on the use of the act, which belongs to the criminal law article 196th (three) provision of "using other people's credit card", constitute a crime, credit card fraud shall be investigated for criminal responsibility. In this case, he thought that the credit card is lost, and the use of, constitute the crime of credit card fraud.

15 Yang producing counterfeit contraceptive drugs, the ingredients are a mixture of flour and sugar, value amounting to over 150000 yuan, not sales that were seized. On Yang's behavior, which of the following statements are true? () (2010 2 Radio fifteenth questions)

A. does not constitute a crime

B. in the production, selling fake or substandard products (attempted) convicted and punished

C. in the production, selling fake or substandard products (accomplished) convicted and punished

D. violates the production of drugs, crime and producing and selling fake or substandard products (attempted), in accordance with the provisions of punishment heavier punishment

The Department "the answer" D "or" B answers

"D" production of drugs, crime and producing and selling fake or substandard products

"Resolution" production, sales of counterfeit drugs crime, refers to the production, sales of fake drugs, serious enough to endanger human health behavior. This crime is the dangerous crime, to production, sales of counterfeit drugs should be large enough to endanger human health will constitute a crime. In this case, Yang production of counterfeit contraceptive is a mixture of flour and sugar, after person edible, no harm to human health, therefore, not to set up production, sales of counterfeit drugs crime. "Criminal law" the 149th paragraph first, production, sales of other specific product does not constitute a crime, but as long as the sales in the amount of 50000 yuan of above, can be convicted according to production, sales and shoddy products crimes. According to the Supreme People's court, the Supreme People's Procuratorate "for production, several issues concerning the specific application of the law in criminal cases to explain the sale of fake and shoddy merchandise" second paragraph second, fake and shoddy products did not sell, value to the criminal law 140th stipulation the sale amount is more than three times (more than 150000), producing, selling fake and inferior products the crime of conviction and punishment (attempted). In this case, Yang the production of fake drugs act doesn't constitute the production, sales of counterfeit crime, but its value is amounted to 150000 multivariate, constitute the production, sales and shoddy products crimes (attempted).

16 a knife will b into the mountains, let B notice his mother sent money to redeem people. B worried his mother a heart attack, and that the car crash, need to pay fifty thousand yuan cost of treatment, the parent for Gospel truth. On the nature of a, which of the following statements are true? () (2010 2 Radio sixteenth questions)

A. of unlawful detention crime

B. kidnapping

C. robbery

D. fraud

"Answer" B

"Test" the crime of illegal detention, kidnapping, robbery, fraud

"Analytic" option is A error. The crime of illegal detention not to extort money, even for repayment of the debt imprisonment, claim is their own money, not the money belongs to the victim. In this case a to extort property for the purpose of knife will b into the mountains, do not constitute the crime of illegal detention.

Option B option C error correct. Crime of robbery is on the spot to the victim for property, rather than third people to the outside for property, which is the difference between the robbery and kidnapping of. In this case, a knife will b control and notify the B to the cable money, constitute the crime of kidnapping, does not constitute the crime of robbery.

D. B worried his mother a heart attack, and that the car crash, need to pay fifty thousand yuan cost of treatment, the parent for Gospel truth. This is not cheating behavior of armour, but his mother body and adopts the strategy, which does not affect the behavior of a crime, namely a does not constitute a crime of fraud.

17 a less B one hundred thousand yuan long don't return, B repeatedly dunning. One day, a weapon into B, beaten B caused the injury, forced B to hand over one hundred thousand yuan IOUS and sign has been prepared on the payment receipt. On the nature of a, which of the following statements are true? () (2010 2 Radio seventeenth questions)

A. the crime of intentional injury

B. robbery

C. trespass

D. robbery

"Answer" B

"Test" the crime of intentional injury, robbery, illegal burglary, robbery

"The key analytic" this is robbery, whether the property can contain ious. Legitimate debts among citizens are protected by law, as between the parties to determine the relationship between creditor debt IOUs, although not directly property, creditor's rights is a price. From the真题The answer, a weapon into B, beaten B caused the injury, forced B to hand over one hundred thousand yuan IOUS and sign on the ready repayment receipts, its behavior is through illegal means to destroy the debtor creditor relationship, constitute the crime of robbery.

Option A error. A beaten B caused the injury, the violence of robbery crime, without the establishment of the crime of intentional injury.

Option C error. A weapon into B, belonging to the robbery of housebreaking cases, without the establishment of trespass.

Option D error. To snatch the difference and the crime of robbery is: effect of different object violence. Robbery violence crime in general for the material, but also including mild violence on the. Behavior in the form of robbery crime and non crime.

During 18 a postmaster center letter sorting leader, has three times the country returned letter function Wan Feng (about 500 kg), with the price of 0.4 yuan per kg sold to scrap purchasing, proceeds for himself. About the case, which of the following statements are true? () (2010 2 Radio eighteenth questions)

Letter A. returned does not belong to the letter, a behavior was not crime of violation of freedom of communication

Letter B. returned is subject to the letter, but no implementation of destroying, and open behavior, so not true crime of violation of freedom of communication

Management letters C. returned in the postal center, which belongs to public property, the establishment of a behavior of crime of corruption

Letter D. returned as waste betray also belongs to destroy mail, a behavior set up secretly destroys mail crime

"Answer" D

"Point" on the mail crime

"Analytic" option is A error. Return the letter still belongs to the letter, postal staff shall not be entitled to privately processing.

Option B error, D. A violation of freedom of communication refers to the crime of destroying, or illegally open other people's letters, infringement of citizens' right to freedom of correspondence, if the circumstances are serious behavior. The perpetrator's destroying,, illegally open one of the others letters three behaviors, can constitute the crime of violation of freedom of communication. In this case, the implementation of the damage behavior, but the act constitutes a crime of secretly destroys mail, rather than the crime of violation of freedom of communication.

Option C error. A behavior does not accord with the constitutive elements of the crime of embezzlement, does not constitute the crime of corruption.

19 a tenant B housing, forged identity cards and real estate stock and conduit company, conduit company do not know to be false, for its stores to unsuspecting C, a received 3000000 yuan. About the case, which one of the following options is wrong? () (2010 2 Radio nineteenth questions)

A. a behavior violated a forged identity card crimes and the crime of forgery of certificates of state organs, also is the fraud crime abettor

B. is a fraud, a forged identity card crimes and the crime of forging official documents principal

Have implicated relationship between C. forged identity card crimes, forged certificates of state organs and the crime of fraud

D. due to the presence of the implicated relation, fraud should be severely punished for a behavior

"Answer" A

"Test" the indirect principal offender, implicated offense

"Resolution" option in the A statement error. In this case, a conduit company to the fraud from the beginning know, is to use a conduit company as a criminal tools, a not the instigator, while the indirect principal offender.

Option B is correct. A forged identity cards and real estate certificates, a forged identity card crimes and the crime of forging official documents. A direct principal offender forged identity card crimes and the crime of forgery of certificates of state organs, and the indirect principal offender of the crime of fraud.

Option C is correct. A forged identity cards and real estate certificates in order to cheat other people's money, therefore, have implicated relationship between a forged identity card crimes, forged certificates of state organs and the crime of fraud.

Option D is correct. The ultimate goal is the implementation of a fraud, and forgery actions only his behavior means, fraud is the purpose of his behavior. According to the principle of punishment of implicated offense one felony, for a fraud should be a crime.

20 which of the following circumstances don't belong to the "embezzlement of public funds for personal use"? () (2010 2 Radio twentieth questions)

A. is a national staff, the public money to his brother in stocks

B. staff of state organs, in the name of public funds to lend the original work of the state-owned enterprises to use

In a C. business director, in the name of the unit will lend a company to use public funds

D. general manager of a State-Owned Company, decided in the name of the company will be public money to a state-owned enterprises, to arrange for his son in the unit of employment

"Answer" C

"D" embezzlement of public funds for personal use

"Analysis" of the National People's Congress Standing Committee on the "PRC Criminal Law > 384th the first interpretation" provisions, any of the following circumstances, belong to "Misappropriating Public Funds for personal use": (a) the public money for my friends and relatives, or other natural persons for use; (two) to the individual on behalf of the public money for other units use; (three) individual decisions in the name of the unit will use the money for other units, seek personal interests. "Other units" includes not only the state-owned units, including the private sector. Therefore, the option A, B, D in the case of all belong to the "embezzlement of public funds for personal use," C option in County Business Director Jia, in the name of the unit will be public money to a company use, does not belong to the "embezzlement of public funds for personal use".

2009.

1 of the criminal law explanation, which of the following statements are true? ()

A. will be the target of larceny "private property" is interpreted as "property of others", which belongs to the narrow interpretation

B. will "criminal law" the 171st sale of counterfeit currency crimes in the "sale" as "buying and selling", a natural interpretation

C. to carry guns and other equipment other than individuals carrying equipment prohibited countries robbed, interpreted as the robbery conviction, belongs to expanding interpretation

D. will credit card fraud in the "credit card" is interpreted as "with the consumer payments, credit, transfer settlement, access cash and other electronic payment card" all or partial functions, belonging to analogical interpretation

Answer: C

Analytic: explain the appraisal of criminal law.

The A item, object "theft of public or private property" belong to occupy others' property, "property of others" explanation, removing the "possession" restrictions, expand the theft of the object, which belongs to the expanding interpretation.

The B item, "sell" interpreted as "buying and selling", belongs to expanding interpretation, not of course interpretation. Of course, the provisions of the criminal law interpretation, which did not express a certain matters, but according to the formal logic, specification and the attributes of things and of course the truth, to bring this matter interpreted to include in the provisions of the applicable range. The B statement error.

C study of robbery crime cognizance of amplified interpretation, is right.

The D item, the expanded interpretation of "credit card" function, the D argument error.

2 on the subject of crime, which of the following statements are true? ()

A. a (female, 43 years old) after drug compulsory indecency, insult Sohn (mentally retarded female, 19 years old), because the main forcing obscene, insulting women sin is the only male, so a not guilty

B. B (15 years old) with homemade gun powder captured women Zhang satchel, because Yi Wei using the powder gun, it shall constitute the crime of seizing

C. C (15 years old) to help Lee seized the victim Wang for debt to Wang death, C shall not bear criminal responsibility

D. Ding is the judicial staff, also can form indulging smuggling

Answer: C

Analysis: the assessment subject of crime.

The A item, the coercive indecency, insulting women sin refers to the violence, coercion or other means, the coercive indecency or insults a woman behavior. The subject of this crime can also be female. So the A statement error.

The B item, firearms, explosives, control tool for countries prohibit individuals carrying equipment. Carry the State prohibits to snatch the individuals carrying machinery, the carrying behavior itself is a kind of illegal behavior, so as long as carrying these weapons to snatch, it should be set to robbery, so B is wrong.

The C item, illegal detention of causing serious injury or death is in the illegal detention of negligence causing serious injury or death, is the illegal detention of aggregated consequential offense. But the 15 year old man to death caused by negligence shall not bear criminal responsibility, so C is correct.

The D item, indulging smuggling refers to the customs staff play favouritism and commit irregularities, connives at smuggling, if the circumstances are serious behavior. The judicial staff can not become the subject of crime indulging smuggling, so D is wrong.

3 about the justifiable defense, which one of the following options is wrong? ()

A. uniform unlawful infringement people, and on the implementation of tort, the establishment of intentional crime

B. robbers use violence to obtain the properties, immediately chased the robbers, due to illegal infringement is not over yet, a legitimate act

C. animal by their owners to infringe upon, the infringement belongs to the unlawful infringement; but the animal to human spontaneous violation, not unlawful infringement

Violations of D. based on negligent, not unlawful infringement

Answer: D

Analysis: the assessment of self-defense.

The A item, unlawful infringement people have been subdued, means the unlawful infringement could not continue to violate or threaten legal interest, the unlawful infringement has ended, if the infringement people implement injures, have no time defense, should set up an intentional crime. The A statement is correct.

The B item, in the property crime cases, behavior has been accomplished, but at the scene in time to recover their losses, shall be deemed unlawful infringement is not over yet, can implement justifiable defense. The B statement is correct.

The C item, illegal violation shall be unlawful infringement people implementation. In the feeding of the animal to infringe upon the circumstances, animal is the keeper of the illegal violation, the violation of unlawful infringement. If the animal spontaneous violation of the people, because there is no person, so there is no infringement problems. The C statement is correct.

The D item, unlawful infringement is not limited to unlawful infringement intentionally, also has violated mistake, at this time can also be justifiable defense. The D statement error.

This requires the selection of the wrong option, so the correct answer is D.

4 A from B to kill, panic took C motorcycle ride away, C was broken fracture. B drive to kill, to escape a flying jump racing motorcycle ran into the woods, C $ten thousand motorcycles were destroyed. About the behavior of the argument, which of the following statements are true? ()

A. is justifiable defence

B. belongs to the emergency

C. constitutes a crime

D. constitute the crime of intentional injury, intentional destruction of property crimes

Answer: B

Analysis: the assessment of emergency.

Emergency, refers to the state, the public interest, the person himself or herself or others, property and other rights from danger happening, not causing harm to the other smaller law behavior. The essence of emergency is to avoid the real danger, protect the larger interests. On balance the rights and interests of the size, in general, personal rights over property rights, personal rights of life in weight from other personal rights. In this case, the weight of a life in the C of the property rights and the right of body, nail to avoid B of the kill, no damage to the C, which belongs to the emergency. Therefore, excluding ACD, the correct answer is B.

5 armor for father to wounded B, B down the sword, B hurriedly resist shouted: "is C forced me to your home old man pushed the septic tank, don't ask ding." Armor for gospel truth, then release the B, B took the opportunity to escape. About the case, which of the following statements are true? ()

A. a not to set up the crime of intentional injury

B. a set up the crime of intentional injury to suspend

C. a behavior is justified

D. a set up the crime of intentional injury (not guilty of attempted)

Answer: B

Analytic: stop the examination of crime

China's criminal law does not stipulate the revenge behavior is proper behavior, a behavior is a crime, the establishment of the crime of intentional injury, excluding AC

The essence of the discontinuance of crime is "can reach the goal and not to"; the essence of the attempted crime is "to achieve objective and not". In this case, a in the crime process although met outside the barrier, but the obstacles are not enough to stop the behavior, can continue to implement the injury behavior, but a loose B, this behavior should be recognized as a out of her heart to consider to give up crime, the crime discontinuance. Excluding D, the correct answer to this question is B.

6 on the instigator, which of the following statements are true? ()

A. a to B the rape of women under the age of 16 C, but B just robbed by property ten thousand yuan after leaving the scene, a should constitute the crime of rape, robbery crime abettor

B. instigator may not be the perpetrator, but may help make

C. instigates others into taking or injecting drugs, smoking, injecting drug crime was the instigator

D. some instigator is principal, but all of the offender is an accessory

Answer: D

Analysis: the assessment of abettor.

The A item, the instigated person is beyond the scope of the instigated crime at the time of the crime, the instigator of abetting the crime of criminal responsibility. The A statement is wrong, a not constitutes a crime, the instigator, belongs to the crime of rape attempted instigation.

Can also be the perpetrator instigator. For example: A to B A is also the implementation of the robbery, robbery, in this case, a is the instigator, is also committed to implement the. Therefore, B error.

In the criminal law, some abetting acts directly on crime, conviction and directly according to the provisions of criminal law, the general provisions of the criminal law is no longer applicable provisions of the instigator. The B item in the "abetting smoking, injecting drugs" should be convicted and punished in accordance with the provisions of the criminal law "direct" in article 353rd, and not in accordance with the provisions of the general provisions of the criminal law to recognize the instigator. Therefore, C error.

The D item, the instigator should be in accordance with the primary and secondary role he plays in the joint crime to punishment. If you play a major role, as the principal punishment; if played a secondary role, as an accessory penalty. So "some abettor is the principal" correct. According to the criminal law, plays a secondary or auxiliary role in a joint crime is an accessory, wherein the auxiliary function of the criminals, usually refers to the offender, so D the second part of the sentence is correct, the D statement is correct.

7 A, B conspiracy to rob. A remote tunnel export lookout, B will passerby C bag (in cash and ten thousand yuan) a take turn and flee, C then catch up, want to regain the bag. A C ran Xiang crossing legs will suddenly C tripped, fell to the ground and broke into minor C, a and B, to seize the opportunity to escape. A and B, the act constitutes a crime? ()

A. a, B both constitutes a crime

B. a, B shall constitute the crime of robbery

C. constitute a crime of robbery, B constitutes a crime

D. a crime of intentional injury, B constitutes a crime

Answer: C

Analysis: identify the assessment of joint crime.

The "a and B, conspiracy to rob", and no clear common robbery, so it cannot common robbery as the judging standard. A second two people did not form a joint intention of robbery, snatch the identified as the common intention more appropriate, belongs to the accomplice in "to limit the behavior", is a common robbery belongs in the independent use of violence to robbery case, B does not use violence common intention, is still a robbery. The correct answer is C. as C.

8 is to kidnap others, in which one of the following circumstances should not be sentenced to death? ()

A. a kidnapping and hurt the kidnapped person to the disabled

B. B to kill the hostages after hide the truth to friends and relatives for ransom hostage 100000 yuan

C. C kidnapping afraid of his crimes to prevent divulgence of one's Secrets

D. Ding control the hostages by binding tightly negligence causing death to the victim

Answer: A

Analysis: application of the death penalty in the examination in the kidnapping crime.

"Criminal law" the 239th stipulation: "to extort property for the purpose of kidnapping, or kidnapping others as hostages, department for more than ten years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property; if the circumstances are relatively minor, five to ten years in prison, and fined.

The crime mentioned in the preceding paragraph, the death of the kidnapped person or kills the kidnapped person, the death penalty, also be sentenced to confiscation of property.

Whoever steals an infant for extortion, shall be punished in accordance with the provisions of the preceding two paragraphs. "

According to the above provisions clearly, guilty of kidnapping sentenced to death situation is "causing death to the kidnapped person or kills the kidnapped person", including the intentional or negligent two subjective mental state, so the A a kidnapping and hurt the kidnapped person to the disabled, should not be sentenced to death, while the other three should be sentenced to the death penalty. (this point is an unconventional point, remind candidates note more detailed rules. Criminal law of conviction and sentencing)

9 concerning the confiscation of property, which one of the following statements are true? ()

A. a large amount of robbery, the can be fined ten thousand yuan concurrently be sentenced to confiscation of property

B. B fraud was sentenced to confiscation of all the property, the court of Yi Wei over 18 years of age children should keep the necessary living expenses, to an adult member of his family shall not consider B

C. C stealing precious cultural relics are serious, even if it is not available for the implementation of the property, shall be sentenced to confiscation of property

D. Ding for medicine to Lee loan fifty thousand yuan, a year after the Ding for the crime is sentenced to confiscation of property. Whether Lee request, once the court found that the debt, should be judged with the confiscated property to repay

Answer: C

Analysis: This is the assessment of confiscation of property.

The A item, according to the "criminal law" in article 263rd, committing robbery repeatedly or large amount of robbery, place above ten years imprisonment, life imprisonment or death, and concurrently be sentenced to a fine or confiscation of property, can not be fined concurrently be sentenced to confiscation of property, the A statement error.

The B item, according to the "criminal law" in article fifty-ninth, confiscation of all the property, should keep the necessary living expenses for the criminal and his dependent family members. Here raising families may also include an adult member of his family, the B statement error.

The C statement is correct. According to the "criminal law" the 264th regulation, any of the following circumstances, he shall be sentenced to life imprisonment or death, confiscation of property: (a) the theft of financial institutions, if the amount is especially huge; (two) the theft of precious cultural relics, if the circumstances are serious.

The D item, according to the "criminal law" in article sixtieth, legitimate debts incurred by the criminal element before the property, need to use the confiscated property to repay, the request of the creditors, shall be repaid. The D statement error.

10 on recidivism, which of the following statements are true? ()

A. nail for the crime of intentional injury was sentenced to seven years in prison, from August 30, 1990 to August 29, 1997. Jia was paroled in May 20, 1995, in August 25, 1996 committed the crime of causing traffic casualties. A recidivist

B. B for theft and was sentenced to three years in prison, released in March 20, 2007 March 25, 2002, was convicted of theft was sentenced to four years in prison. B the recidivist

C. C for crimes of endangering national security was sentenced to five years in prison, released in April 20, 2006 April 21, 1996, again with the crime. C does not constitute recidivism

D., because of the fire was sentenced to three years in prison, from May 15, 1995 to 1998 5 month 14 days. Ding Yu in May 15, 1998 was released from prison on the way home committed the crime of intentional injury. Ding Goucheng recidivism

Answer: B

Analysis: identify the assessment of recidivism.

"Criminal law" the sixty-fifth regulation, a criminal element sentenced to fixed-term sentence or more severe punishment, punishment is finished or pardon, within five years shall be sentenced to more than make a punishment of sin, is a recidivist, shall be given a heavier punishment, but negligence crime except. The deadline stipulated in the preceding paragraph, the offender paroled, counted from the date the parole expires.

The A item, after the traffic accident crime belongs to the crime of criminal negligence, and the general requirements of crime and recidivism before crime must be intentional crime, so the A statement error.

B is right, B before and after the two crime is intentional crime; were sentenced penalty above, and the crime occurred after the time before the crime punishment imposed for the completion of the implementation of the 5 years, consistent with the establishment of conditions for general recidivist, recidivist.

The C statement error. Article sixty-sixth of the criminal law, the crime of endangering national security in the penalty is finished or pardon, at any time to commit the crime of endangering national security, are to be treated as recidivists.

The D item, a former crime in crime belongs to the crime, do not meet the conditions for establishment of general recidivist, the D statement error.

11 on the calculation of the amount of crime, which of the following statements are true? ()

A. a 15 year old carrying weapons snatch others property value 30000 yuan; 17 year old rob others property worth 20000 yuan. A crime amount is 50000 yuan

B. B received bribes of 150000 yuan, which will be 30000 yuan as a unit entertainment use. B crime amount is 120000 yuan

C. C the first fraud 60000 yuan, second times fraud 120000 yuan, but the total loss 60000 yuan compensation first fraud victims. C crime amount is 60000 yuan

D. Ding stealing others value 6000 yuan mobile phone, mobile phone function is exaggerated in stolen goods to sell to 10000 yuan. In addition to the establishment of the crime of theft Ding, also set up fraud, fraud amount is 10000 yuan

Answer: A

Analysis: Calculation of the amount of crime subject examination.

The A item, according to the "criminal law" in article 267th, carrying weapons snatch, convicted and punished according to the crime of robbery. According to the provisions of article seventeenth of the criminal law, has over fourteen years of age under sixteen years of age, the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, poisoning crime, criminal responsibility shall be borne. So a 15 year old snatching with lethal weapon should be identified as the crime of robbery, the crime amount is 30000 yuan. A 17 year old of robbery, it shall be investigated for criminal responsibility, criminal amount is 50000 yuan. The A statement is correct.

B a, B of taking bribes of 150000 yuan, the crime amount is 150000 yuan, so the B statement error.

The C item, according to the judicial interpretation of the provisions for many times, fraud, and later returned to the previous property fraud deception, in the calculation of the amount of fraud, should be returned before the amount deducted, according to the actual did not return the amount that the sentencing, the deception of the amount as aggravating circumstances into consideration. So C crime amount is 120000 yuan, the C statement error.

The D item, Ding exaggerated mobile phone function will be to sell 10000 yuan can not be identified as fraud, but only for the disposal of stolen goods, Ding was not fraud, the disposal of stolen goods to should not be punished afterwards, Ding established theft. Stolen goods amount higher than the prices of goods, shall be subject to the calculation of larcenous amount is the amount of disposal of stolen goods, theft amount is 10000 yuan. The D statement error.

12 on parole, which one of the following options is wrong? ()

The criminals A. a line was on parole, the parole recidivism even in new test period, nor does it constitute recidivism

The criminals B. B Department of endangering national security, not parole to B

C. propylene from the criminal was sentenced to two years in prison, three years probation. The probation period, found that propylene in the probation period of seventh months of robbery, shall be sentenced to eight years in prison for nine years, decided to implement. C to six years in prison, because of repentance was convicted on parole

D. Ding robbery was sentenced to nine years in prison, commits the crime was sentenced to five years in prison, the combined punishment for several crimes, decided to implement thirteen years in prison on parole, Ding can

Answer: B

Analysis: the assessment of parole.

The A statement is correct. According to the criminal law, one of the conditions for establishment of general recidivism is a crime occurred after the time, must be imposed before the crime, penalty is executed or pardon after 5 years. Parole, can not be identified as the punishment has been completely executed, so the new recidivism test period, do not meet the conditions of recidivism time limit, it does not constitute recidivism.

The B statement error. "Criminal law" the eighty-first regulation, a criminal element sentenced to fixed-term sentence, the implementation of the above sentence sentence 1/2, a criminal element sentenced to life imprisonment, the actual implementation of more than ten years, he conscientiously observes prison regulations, accepts education and reform, shows true repentance, parole and will not cause further harm to society, may be granted parole. If there are special circumstances, with the approval of the Supreme People's court, can not subject to the restrictions relating to the term executed. Recidivists and for murder, robbery, rape, kidnapping, explosion and other violent crimes was sentenced to ten years in prison, life imprisonment of criminals, without the possibility of parole. Visible, for the crime of endangering national security, criminal law does not stipulate no parole, so as long as B with the suitable condition of parole, parole is to be.

The C statement is correct. A criminal element sentenced to fixed-term sentence, the implementation of the above sentence sentence 1/2, he conscientiously observes prison regulations, accepts education and reform, shows true repentance, parole and will not cause further harm to society, may be granted parole.

The D statement is correct. Recidivists and for murder, robbery, rape, kidnapping, explosion and other violent crimes was sentenced to ten years in prison, life imprisonment of criminals, without the possibility of parole. Ding for robbery, was sentenced to 9 years in prison, is not without the possibility of parole conditions, so it can be released on parole.

13 a country spy wearing a, made me a state organs jiyaoyuan huang. Wearing a lied to invest and set up factories need to understand the policy trends, let Huang borrow their work to get classified as "confidential" internal "four" report. Wearing a gets the file to Huang a mobile phone, and provided sixty thousand yuan of funds for his son to study abroad in a country. On Huang's behavior to be punished? ()

A. funded crime of endangering national security crime, crime of illegally obtaining state secrets, the combined punishment for several crimes

B. stealing, spying, buying, illegally providing state secrets, intelligence crime and bribery crime, punishment

C. crime of illegally obtaining state secrets, bribery crime, punishment

D. deliberately leaking state secrets, bribery, from a felony place off

Answer: B

Analysis: that you should steal, spy on, buying, illegally providing state secrets, intelligence crime.

Supported by the crimes of endangering national security crime refers to the overseas institutions, organizations or individuals within the organization or individual to implement by betraying the country, secession, incite secession, armed insurrection, riot, subversion of state power, inciting subversion of state power behavior. Huang apparently does not constitute the crime, the A statement error.

Crime of illegally obtaining state secrets by stealing, spying, refers to the buying, illegally obtaining state secrets act. The yellow one does not constitute the crime. The C statement error.

Deliberately leaking state secrets is refers to the personnel of state organs or non state staff in violation of the law on Guarding State secrets, state secrets are not deliberately make should be aware of, or deliberately make beyond the limited scope of the state secrets, if the circumstances are serious behavior.

Stealing, spying, buying, illegally providing state secrets, intelligence crime refers to the overseas institutions, organizations, persons who steal, spy on, buying, illegally providing state secrets, information behavior.

Huang although leaks of state secrets, but the secret to each other as foreign personnel, so there should be special provisions, constitute the stealing, spying, buying, illegally providing state secrets, intelligence crime. For taking bribes for illegal activities and commits other crimes shall be punished in accordance with the provisions, the combined punishment for several crimes. The B right, excluding D.

A painting of 14 Zhao repeatedly copying a well-known Chinese painting master, and Department of the Chinese painting master name with forged seal, that genuine realize income sixty thousand yuan. On Zhao's behavior to be punished? ()

A. according to the crime of fraud and the crime of copyright infringement, the combined punishment for several crimes

B. according to the crime of copyright infringement punishment

C. according to production, sales and shoddy products crimes

D. according to the illegal business crime punishment

Answer: B

Analysis: the cognizance of the crime of infringement of copyright of examination.

"Criminal law" the 217th regulation, for the purpose of profit, one of the following copyright infringement case, the larger the amount of illegal income or other serious circumstances, is less than three years imprisonment or criminal detention, or be fined; if the amount is huge or other especially serious circumstances, three years or seven years in prison, fined:

(a) without permission from the copyright owner, reproducing and distributing a written work, music, film, television, video works, computer software and other works;

(two) published others enjoy the exclusive rights of books;

(three) without audio and video producers to license, copy and distribute the recording;

(four) production, sale of fake others sign art works.

Zhao's behavior belongs to the article (four) cases, the punishment according to the crime of copyright infringement, so B right.

15 armor will own auto hide, a claim to the insurance company to the car is stolen. The insurance company that the case suspicious, immediately to the police. In the mastery of sufficient evidence, the investigation organ for insurance company to a "claims". A to the insurance company two, financial room receive 200000 yuan compensation, just as he reached the first floor is for many investigators arrested. About a behavior, which of the following statements are true? ()

A. attempted crime of insurance fraud

B. accomplished offense of insurance fraud

The crime of insurance fraud for C.

D. contract fraud

Answer: A

Analysis: the cognizance of the crime of insurance fraud crime accomplishment evaluation.

The Supreme People's Procuratorate "about the crime of insurance fraud crime of attempted offense can according to reply" stipulates: "the behavior person has started the crime of insurance fraud behavior, but not for reasons other than the will receive insurance compensation, is attempted fraud, if the circumstances are serious, shall be investigated for criminal responsibility according to law." In this case, the insurance fraud a has started, the receive compensation after the port to a building that was captured, is due to the failure to reasons other than the will receive insurance compensation, shall be determined as the crime of insurance fraud crime.

16 a long gambling income as the main source of livelihood. One day, a robbery gamblers B gambling succeed after, in order to prevent B later reported, to kill it. On a processing, which of the following statements are true? ()

A. should be the crime of intentional homicide, robbery crimes

B. should be severely punished for robbery

C. should be the crime of gambling, robbery crimes

D. should be the crime of gambling, robbery, intentional homicide crimes

Answer: D

Analysis: the assessment of gambling crime, robbery crime, cognizance of intentional homicide.

The crime of gambling behavior includes the gambling industry. Here the gambling industry, refers to the gambling industry often, namely gambling income as the main source of their life or. So when a constitute the crime of gambling.

According to the regulations, gambling money robbery crime, the proceeds of crime, the robbery conviction, but acts only on which lose money or won debts as the object of robbery, generally not convicted and punished for robbery. Constitutes another crime, shall be punished in accordance with the relevant provisions of the criminal law. In this case, a robbery is the gamblers gambling establishment B, robbery.

Act of robbery, to kill and murder, robbery and intentional homicide by conviction, a combined punishment for several crimes. In this case, a to prevent B later reported, to kill it, kill the motive for the murder, robbery and murder crimes, but also as a committed the crime of gambling, should the three crimes. The correct answer to this question is D.

17 A to B the use of violence, for the disabled. B hurriedly took out his mobile phone to alarm, a grabbed the mobile phone into the pocket and B seriously wounded. A at five kilometers away from the scene, the mobile phone into the ditch b value 7000 yuan. A behavior constitute what crime? ()

A. the crime of intentional injury, theft

B. the crime of intentional injury, robbery

C. the crime of intentional injury, robbery

D. the crime of intentional injury, intentional destruction of property crimes

Answer: D

Analysis: the assessment of the crime of intentional destruction of property and intentional injury crime.

Deliberately a subjective to B with the injury, the objective will B seriously wounded, constitute a crime of intentional injury.

The crime of theft, robbery, robbery of the three crimes against property require subjective has the purpose of illegal possession of private property, and in this case, a is to prevent B using mobile phone alarm and win the mobile phone, the mobile phone is not the purpose of illegal possession. A post hoc will b value 7000 yuan mobile phone into the ditch, is deliberately illegal destruction or damage public or private property, and the amount is larger, constitute the crime of intentional destruction of property. The exclusion of ABC three, the correct answer to this question is D.

18 a private courier company unloader, the main task is to charge unloaded from the car, then to re loading. One night, a machine toilet company supervision personnel, a customer consignment of a value ten thousand yuan camera carried out by the company courtyard door, hidden in the ditch, and forge stolen site. About a behavior, which of the following statements are true? ()

A. fraud

B. embezzlement

C. theft

D. embezzlement

Answer: C

Analysis: identify the assessment of larceny.

The crime of duty encroachment refers to a company, enterprise or other unit who take advantage of their office, the unit's property for himself, a larger amount of behavior. This is clearly a position for unloading, and a camera customer checked out of the compound is not use convenient position, so a behavior does not constitute the crime of duty encroachment. Remove item B.

A behavior belonging to the illegal possession for the purpose of secret theft of company property behavior, because the camera the value of ten thousand yuan, the number of elements that meet the larceny, so a theft, excluding AD.

19 A, B, C, D and deception Huang gamble. Four preengage Huang to the hotel for dinner, a opportunity to sleeping pills into Huang wine, want to play while Huang not sober partnership won Hwang's money. But because of a drug dose delivery, after dinner just match Huang was asleep, they took the opportunity to Huang's wallet was gone. The above four acts constitute a crime? ()

A. gambling crime

B. robbery

C. theft

D. fraud

Answer: B

Analysis: identify the assessment of robbery.

Robbery refers to the illegal possession for the purpose, by violence, coercion or other methods, to obtain the behavior of public and private property. The method includes the use of violence, coercion or other means. The other method, refers to the addition of violence, coercion, drunk with wine, take drug by means of the victim, the victim method not to rebel or loss of the ability to resist. In this case, Ding has illegally obtained the victim's property intentionally, have adopted drunk with wine to make the victim loses resistance ability to obtain the victim's property acts in action. A B C D constitute the crime of robbery.

20 what the manager to medical equipment sales company business, arrange company supervisors LiuMou in connection with a municipal hospital sales business process, the hospital according to the sales amount ratio of 25% to four are vice president, or a total of more than 25 yuan. In this case, the company provides the behavior of kickbacks constitute what crime? ()

A. bribery

B. for the non national staff bribery crime

C. unit crime of offering bribes

D. to the unit crime

Answer: C

Analysis: identify the assessment unit bribery.

According to the "criminal law" article 393rd [] the unit crime, the unit that bribe to seek illegitimate interests, or in violation of state regulations, to state functionaries in commissions, fees, if the circumstances are serious, shall be sentenced to a fine, and the persons directly in charge and other directly responsible personnel, less than five years in prison or detention. The illegal gains derived from bribing to all individuals, in accordance with the provisions of this law article 389th [390th] of bribery, bribery crime punishment [] shall be convicted and punished.

2008.

1 related claims about the harmful results, which one of the following options is wrong?

A. a male (25 years old) that sun (female) is only 13 years old and the pursuit of her, with the consent of Sunmou consent, sexual behavior. A behavior causes no harmful consequences

A timely B. policeman losing firearms without report, cleaner Wang pick up the gun due immediately after. B behavior did not cause serious consequences

C. C deception was orphaned at the age of 5 to leave the orphanage, as the adopted son, to live a life of have ample food and clothing. C behavior caused harmful consequences

D. Ding malicious overdraft 30000 yuan, but the collection by the issuing bank immediately after the return. Ding behavior causes no harmful consequences

Answer: A

Analysis: the harm result is the actual harm caused by the infringement acts against the interests of law, it has causality, invasive, reality, diversity and normative. The Supreme People's court "about the behavior of people not knowing is under the age of fourteen young girls the sex was consensual and whether a reply" rape issues regulations, actor is under the age of fourteen young girls and their sexual relationship, whether the young girl is voluntary, shall be in accordance with the provisions of section second of 236th of the criminal law, in order to rape the conviction and punishment. "Criminal law" the 236th paragraph second, rape young girls under the age of fourteen, to rape, he shall be given a heavier punishment. So A said a behavior is a violation of the legitimate rights and interests of the sun, has caused real damage, so A is wrong. A.. "Criminal law" the provisions of article 129th, equipped with guns for the discharge of official duties according to law, personnel, losing firearms without timely report, causing serious consequences, is less than three years imprisonment or criminal detention. B in the B item in the police while losing gun did not report in a timely manner, but the dustman found guns immediately after the hand over, did not cause significant casualties consequences, not causes actual infringement of legal interests, so B is correct, should not be elected. "Criminal law" the provisions of article 262nd, the abduction of minors under fourteen years of age, from his family or guardian, is less than five years imprisonment or criminal detention. C by 5 year old orphan left abduction custody places (orphanage), although the orphans have ample food and clothing in C nurturing life, but C behavior still violated the "criminal law" in article 262nd, resulting in serious consequences, so C said is correct, should not be elected. "Criminal law" the provisions of article 196th, any of the following circumstances, credit card fraud, the amount is relatively large, is less than five years imprisonment or criminal detention, a fine of twenty thousand yuan two hundred thousand yuan fine; if the amount involved is huge or other serious circumstances, five to ten years in prison, a fine of fifty thousand yuan the above five hundred thousand yuan of the following a fine; if the amount involved is especially huge or other especially serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, fined fifty thousand yuan five hundred thousand yuan fine or confiscation of property:...... (four) the malicious overdraft. Malicious overdraft referred to in the preceding paragraph, refer to the cardholder for the purpose of illegal possession, more than the prescribed time limit or overdraft limit, and after collection by the issuing bank not to return behavior. According to the law, the D item Ding Mou behavior does not constitute a violation of legal interest, no harm is done, so D is correct, should not be elected.

About 2 of the content of intention, which of the following statements are true?

Own property A. a knowing in state organs Management, but I do not know at this time of personal belongings should be on and return to public property. A lack of understanding of the objective facts established larceny must, therefore was not theft

B. B on the purpose of illegal possession of the property to steal military handbag, may have guns still steal that bag, the bag was a pistol. B no illegal possession of guns, it was not the theft of firearms

C. set up the crime of child molestation, ask the actors know the victim is or may be under 14 years of age children

D. set up drug trafficking crime, not only requires the person recognizes his trafficking drugs, but also the person recognizes the type of drug trafficking

Answer: C

Analysis: in general, stealing their property does not hold the larceny theft, but, if I have been in accordance with the seizure of property, or to steal back I have delivered the others legally or custody of property, so that the others because of liability and property losses, but also constitute the crime of theft. The A item, their possessions in a known state organs Management, still take back to steal the secret way, still can set up the crime of theft, therefore, the A statement is wrong, do not choose. The B item, B has recognized the behavior and result may be the theft of firearms, and hope or indulge the acts, which belongs to the direct intent and indirect intention, therefore, remains of stealing firearms crime, the B statement is wrong, do not choose. The crime of child molestation, refers to the stimulation or sexual fulfillment for the purpose, obscene acts on children with sexual intercourse outside of. The performance of this crime in the subjective aspect is direct intent, indirect intention and negligence does not constitute a crime. Therefore, the establishment of the crime of child molestation, ask the actors know the victim is or may be children under 14 years of age, C is correct, a.. The subjective aspect of the crime of drug trafficking is intentionally, knowingly drugs and illegal sales, or to sell to buy drugs illegal behavior. Therefore, drug trafficking crime of intentional behavior is the requirement of knowing that your selling drugs, but does not require the behavior must know his kind of drug trafficking, the D statement is wrong, do not choose.

3 a want to kill tall B, plans to use sleeping pills make B coma, then Le B neck, cause the suffocation deaths. The sleeping pills more a launch, death B swallow pills. In this regard, which of the following statements are true?

Preliminary A. a caused b to death, only to set up a preparation of voluntary manslaughter

B. has begun to implement a homicide, but the Act (Le B neck) has not completed, it can only be identified as not the completed attempt

C. has begun to implement the homicide, should be identified as intentional homicide crime

D. a behavior is intentional homicide, preparation and the crime of negligence causing death of the imaginative joinder of offenses should be punished, a felony

Answer: C

Analysis: the criminal accomplished offence refers to the perpetrator of the implementation of the specific provisions of the criminal law act is prepared according to a specific crime constitutive elements. Intentional homicide, is deliberately illegal deprivation of life behavior. A to B on the sleeping pills, illegal deprivation of life behavior objectively, and causing the victim to B death; intention of killing B; violation of the right to life of this object B. And the problem did not say whether is a full capacity of criminal responsibility, under normal circumstances, no special instructions are thought to have the ability to complete criminal responsibility. Therefore a behavior should be identified as intentional homicide namely then, so C is correct.

4 A in the process of production and operation, do not know whether a certain behavior is illegal, and in written form to the Advisory, court official written reply of the legal acts. Then, a implementation of the act, but the act in violation of the criminal law. About the case, which of the following statements are true?

A. because of illegal cognition is not intentional understanding content, therefore, a still constitute intentional crime

B. no possibility of knowledge of illegality, so no crime

Although C. was not a crime, but the unpremeditated crime

D. is likely to set up a deliberate crime, may also be negligent crime

Answer: B

Analysis: the illegality cognition refers to recognize their behavior is illegal. The possibility of illegal cognition refers to the behavior of people in the implementation of the elements of the act, to know that their behavior is illegal. In this case, a not a behavior is illegal, in written form to the people's court consulting, court official written reply of the legal acts, which, in view of the judicial authority, a this behavior no longer has the possibility of cognition of illegality, so no crime, answer B is correct, elected.

5 about the victim commitment, which of the following statements are true?

Zhao A. children living in poor families, a consent of the parents agree to Zhao, Zhao sell to rich people. A behavior has been effectively promised Zhao parents, and is conducive to the growth of children, so it does not constitute the crime of abducting and trafficking in children

B. money in a fire, B alone into a residential move valuables. Because B behavior after the event did not get the money any approval, it shall set up a trespass

C. Sohn quit addiction, let his wife C will be locked in the no computer room a week. Sun to give up their personal freedom commitment is invalid, C behavior is still established the crime of illegal detention

D. Lee agreed to cut a small Ding his fingers, but Ding has cut Lee's thumb. Ding act established the crime of intentional injury

Answer: D

Analysis: the victim's commitment, to meet certain conditions, can eliminate illegal damages the interests of behavior. But this does not mean that as long as the behaviors are the commitment of the victim is not crime. That is to say, only in violation of the victim will was the premise of the crime, victim's commitment can obstruct illegality, if not by the will of the victim as the premise, then the victim's commitment can not obstruct illegality. After the victim behavior when the following conditions are met, to exclude the crime: first, commitment has right to be against the law, and the right is limited; second, commitment must be on matters of commitment, has the significance of understanding ability; third, must be out of the victim's commitment the true volition; fourth, there must be real commitment (no commitment to the victims, in fact but if the victim knew the truth of course will promise, in this case, the implementation of the presumed victim's will, is based on the presumption of commitment); fifth, commitment or must exist in the results occurs; sixth, the commitment to the implementation of the act shall not go beyond commitment. In this case, child abductions in the A item of the victim is Zhao, its itself does not make a commitment to the abducted, thus a behavior constitutes crime of trafficking in children, the A error, not elected. The fire in the B item, B, the behavior is the presumption of money a commitment based behavior, so B was not trespass, B is false, not elected. C, Sohn disposition is their own interests, and does not exceed the range, meet the requirements of the victim's commitment, thus constituting a crime to exclude liability, C behavior does not constitute the crime of illegal detention, C is false, not elected. The D item, Lee agreed Ding cut off his little finger, but did not agree to cut off his thumb Ding, Ding behavior than promised range, set up the crime of intentional injury, D correct, elected. The correct answer is D.

6 A into B residential burglary, trunk will b (with $30000 in cash) into the wall, ready to go over the wall for a while to pick up. The occasional passing here C found luggage unattended, took it away, take forcible possession of. 15 minutes later, a came to the wall, found the suitcase was no trace. For the qualitative behavior of a, C, which of the following statements are true?

A. a set of theft (accomplished), C

B. a set of theft (attempted), C (accomplished) the establishment of theft

C. a set of theft (accomplished), C constitute embezzlement

D. a set of theft (attempted), C constitute embezzlement

Answer: C

Analytic: theft, refers to the illegal possession for the purpose of secret theft, large amount of public or private property or multiple secret stealing behavior of public and private property. Accomplished larceny is generally believed that, the actual control of the person in possession of the property to leave that constitute the crime of theft accomplished, in this case, a has a $30000 cash suitcase stolen, and thrown outside the wall, at this time, the property has left the extent of actual control, the person in possession of it, constitute a theft crime so, can eliminate B and D terms. The second question about C whether it constitutes a crime. "Criminal law" the 270th regulation, the crime of embezzlement is refers to the illegal possession for the purpose, to the custody of property of others or lost property, buried for himself, a larger amount of refusing to return to action. C with illegal possession for the purpose of, will not own suitcase (found unattended deemed to be forgotten) take forcible possession of, constituted the crime of embezzlement. The correct answer is C.

7 A, B couple for 8 year old son, severe disability, life can not take care of themselves and very painful. One day, a son to drink milk into the "tetramine" B B said, see, this is a poison, you give him a drink? "Don't talk to see a, B sighed and walks away. Poison son, a and B, two people together to bury the bodies and foreign people said son died of illness. Qualitative analysis on a and B, behavior, which of the following statements are true?

A. A and B together constitute the crime of intentional homicide

B. constitute a crime of intentional homicide, B constitute the crime of shielding

C. constitute a crime of intentional homicide, B constitute the crime of abandonment

D. constitute a crime of intentional homicide, B

Answer: A

Analysis: the crime of intentional homicide is deliberately illegal deprivation of life behavior. The conduct of a significant constituted the crime of intentional homicide, so the key question is whether B what constitutes a crime. B knows a son to milk into the poison will happen to his son's death consequences, as guardian of the B did not stop, not fulfill their obligations, not as a crime of intentional homicide. B man behind that of the two together to bury the bodies of the examinee is confused, the body was buried here is a two crime hidden crimes behaviors. To sum up their parents A, namely a and B form common crime of intentional homicide.

8 the quantity of crime story, which one of the following options is wrong?

A. nail in the station. The theft of a bag, a look at home only to find the bag with a pistol. Because of fear of being discovered, a pistol in the bathtub will. A gun, do not belong to not the penalty after behavior

B. B rob someone's mobile phone, and the mobile phone sale, B act constitutes a crime, and conceal, conceal the crime to offend, it should be combined punishment

C. C the illegal practice of medicine for more than 3 years, resulting in 1 deaths, 1 people with physical disabilities. C's behavior is not only occupation crime, also is the aggregated consequential offense

D. Ding in the course, because the victim against but will kill it, both the Ding should not be to the kidnapping and homicide

Answer: B

Analysis: A, a bag of theft behavior belongs to the crime of theft, and then find a pistol did not timely deliver bags, but kept in a bathtub, the establishment of the crime of illegal possession of firearms, should be combined punishment for several crimes, therefore, A is right, do not choose. Disposal of stolen goods, refers to the criminals, the resale sales proceeds of crime act of dirt. The B item, B seizes others and selling behavior belongs to the mobile phone after selling behavior, cannot be evaluated again, therefore, the B statement is wrong, to be elected. Medical practice is to implement the medical behavior as the industry activity, therefore, the crime of illegal practice of medicine belongs to the occupation crime. "Criminal law" the 336th regulation, an unlicensed doctors qualified person, if the circumstances are serious, is less than three years imprisonment, criminal detention or control, or be fined; serious damage to health of patients, three to ten years in prison, and shall also be fined; cause the patient death, more than ten years in prison, fined. C the illegal practice resulted in the death of 1 people, 1 people with physical disabilities, according to the provisions of the criminal law belongs to the aggregated consequential offense, so C is right, do not choose. "Criminal law" the 239th stipulation, to extort property for the purpose of kidnapping, or kidnapping others as hostages, department for more than ten years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property; the death of the kidnapped person or kills the kidnapped person, the death penalty, also be sentenced to confiscation of property. Therefore, the crime of kidnapping contains the kidnapped person killed, therefore, Ding behavior established kidnapping crime, punishment, execute and should not be to the kidnapping and homicide so, D is right, do not choose.

9 Xu for committing the crime of intentional injury, in November 21, 2007 was sentenced to 1 years in prison, suspended for 2 years. During the probation period, Xu together with others without beating students Fu, Fu a slight injury induced by. The local Public Security Bureau in April 3, 2008 decided to Xu administrative detention for 15 days, and begin to implement the administrative detention on the same day. After the end of the court to revoke the administrative detention, the Xu probation, determined and committed to prison. About the case, which of the following statements are true?

A. Xu being held in administrative detention for 15 days can commute sentence

B. Xu administrative detention 15 days should not to be shortened

C. shall be 1 years in prison and 15 day detention to be punished in accordance with the limitative aggravation principle

D.15 days of administrative detention shall be 1 years in prison for absorption

Answer: B

Analysis: criminal detention and administrative detention are two different things. First, the nature of the two different, criminal detention is one of measures to protect the litigation, itself does not have punitive; administrative detention is a kind of punishment of public security management, in essence is a kind of administrative sanctions, punitive. Second, applicable object of two different. Criminal detention for criminal prosecution in the criminals or suspects, they are likely to be investigated for criminal responsibility; administrative detention is only applicable to general illegal behavior does not constitute a crime. Third, the purpose of the two different. The purpose of criminal detention is to guarantee the proceeding; and administrative detention is to punish and educate general violations. Fourth, of the two different period of detention. Criminal detention of not more than 10 days, in case of a major, complex and not more than 14 days, a major suspect who commit crimes repeatedly commit crimes, convection, or in a gang of detention period, not exceeding 37 days; administrative detention period is 1 to 15 days. Fifth, applicable to different organs, have the right to decide to criminal detention is the public security organs and people's procuratorates; has the right to decide the administrative detention, public security organs. In this case because of the Xu is the implementation of administrative detention, is the public security management punishment, it is different from criminal detention and criminal penalties, and therefore not to be shortened, cannot be applied to "the limitative aggravation", "absorption" and the principle of punishment. Answer B is correct, elected.

10 A to B home village to buy diesel, because the house dark, to see a lighter oil. B that caused the fire, stop. But a insisted diesel see the fire will not burn, still lit a lighter, the oil combustion, caused the fire, resulting in a, B and watching C burnt, ethylene, propylene after rescue invalid death. After testing, the flash point of diesel ethylene storage does not conform to the standard. A behavior constitute what crime?

A. of the crime of dangerous goods

B. misfire crime

C. arson

D. serious liability accident crime

Answer: B

Analytic: Fire refers to the crime of causing fire by negligence, causing serious injury, death or causes heavy losses of public or private property, harm the public safety act. Object fire sin is property and personal; objective elements is causing fire by negligence; subjective fault; the subject is the general subject. In this case B is causing fire by negligence, specifically is caused by the fault of over confidence in the fire, so a fire sin. B is the correct answer. The crime of dangerous goods is an explosive, flammable, toxic, radioactive, corrosive materials management regulations, the occurrence of major accidents in production, storage, transportation, use, causing serious consequences. The A error, not elected; the subjective elements of arson is intentionally, not negligence, the C error, not elected; serious liability accident crime refers to the illegal relevant provisions on safety management in production, operation, thus causing major casualties or other serious consequences of behavior, the D error, not elected. The correct answer is B.

11.X company is a and B, two people partnership legally registered company, the steel wholesale and retail business. C because of his company in urgent need of funds, will find a and B, borrowing, promises to pay higher than bank interest rates five percentage points of interest to X company, and the other to a and B, personal advantage fee. A and B, see have good prospects of gain, that is to buy Steel for, in the name of X, to a 10000000 yuan of bank loans, loan period of half a year. A and B, the loan according to the agreed interest standard with C, C to a and B, each 100000 yuan interest. Half a year later, Bing will loan and interest to the company X, a and B, namely, to the bank to repay principal and interest. About a, B, C qualitative behavior, which of the following statements are true?

A. A and B, constitute the crime of relending at high interest rate, C

B. a, B form swindles the loan crime of innocence, C

C. a, B constitutes usury onlent crime, bribery of non national staff, C of non national staff bribery crime

D. a, B form swindles the loan crime, bribery of non national staff, C of non national staff bribery crime

Answer: C

Analysis: "criminal law" the 175th regulation, the usury onlent crime, refers to lending in violation of state regulations, for the purpose of profit, taking credit funds from a financial institution and relending others, illegal income amount big behavior. Party A and Party B in this case for the purpose of profit, in violation of state regulations, obtain bank funds relending to C acts constitute crime of relending at high interest rate. The Supreme People's court, the Supreme People's Procuratorate jointly announced in November 5, 2007 on charges of criminal law determines the supplementary provisions, add, modify the criminal charges. Provisions including the abolition of "company, the enterprise personnel bribery charges", from "non national staff bribery" alternative content. Therefore, the non national staff bribery crime, refers to a company, enterprise or other unit personnel who take advantage of their office, extort or accept bribes, for the benefit of others, a larger amount of behavior. In this case, a and B using the convenience of duty, receive 100000 yuan for C C, profit acts constitute a crime of bribery of non national staff. At the same time, C also constitute the non national staff bribery crime, therefore, the correct answer to this question is C.

12 a hold watermelon knife into a bank savings, will rest in savings security B's neck, he ordered the bank clerk / cash 10000 yuan. See C deliberately delay time, a in B neck drew a knife. Just took out 50000 yuan in cash depositors Ding see bleeding, not to have the heart, took out 10000 yuan to throw a, a proceeds rapidly after fleeing. Criminal acts of armour, which of the following statements are true?

A. robbery (attempted)

B. robbery crime (crime)

C. kidnapping

D. blackmail and impose exactions on Crime

Answer: B

Analysis: the crime of robbery refers to the illegal possession for the purpose, by violence, coercion or other methods, to capture the behavior of public and private property. The object of robbery is personal and property; the objective is based on violence, coercion or other means, to capture the behavior of public or private property; the subjective element is intention, and have the purpose of illegal possession. In this case, a behavior is based on violence, coercion ordered savings Clerk / gold. Although the final cash surrender by customer D, but also based on the stress and protect b people a safety and surrender, therefore constitute the crime of robbery. But, for a their own behavior, its itself has to get what you want money, as for the ways of how to, does not affect the establishment of the crime of robbery (accomplished). The difference between the crime of kidnapping and robbery lies in: first, object pointing to people and robbing act of kidnapping hostage generally do not have the same sex, and robbery are identical. Second, kidnapping are usually not on the spot to obtain property, and can only be made on the spot to rob property. In this case, B and C are savings of workers, a holding B for C turn golden, in fact for the bank itself, rather than third people to the kidnapped outside for property, at the same time, violence and obtain a property behavior has on the spot, therefore, does not constitute the crime of kidnapping, and constitute the crime of robbery. The difference between blackmail and impose exactions on and the crime of robbery is (1) from the threat of the way, the threat of robbery, is when the victim's face was directly issued; and the crime of blackmail and impose exactions on threats can be sent in person, or by letter, telephone or third party to convey. (2) from the threat at a time, threats of robbery as threatening as not to hand over the property, will be on the spot to realize the content of the threat; and the threat of blackmail and impose exactions on crime is usually, if not agreed to at a later time to realize the content of the threat. (3) from the content of the threat, the threat of robbery, are threatening to kill, injure and other personal damage; and the threat of blackmail and impose exactions on crime is more widely, including personal injuries or damage to property, reputation etc.. (4) from illegally acquired property at a time, the crime of robbery is implemented on the spot made threats and blackmail and impose exactions on property; can be on the spot, also can be in after obtaining. Therefore, a behavior not blackmail and impose exactions on crime, but the crime of robbery. The correct answer is B.

13 A that B has been in the trafficking of women, then say to B, C cousin I have no wife, you have the right to tell me". Soon, B two women abducted to a home, a and C will be one of the women to buy to C as a wife. About the case, which one of the following options is wrong?

A. B constitute the crime of abducting and trafficking in women

B. is a form of complicity in the crime of abducting and trafficking in women

C. constitute a buying abducted women crime

D. C form those buying abducted women crime

Answer: B

Analytic: refers to the crime of abducting and trafficking in women for the purpose of selling, trafficking, kidnapping, buying, trafficking, transfer or transfer behavior of women. In this case, constitute the crime of abducting and trafficking in women and B no problem, the key is whether the accomplice of a trafficking in women. From the definition of trafficking in women, the subjective elements of crime of abducting and trafficking in women is established for the purpose of selling, while a does not exist to sell as the main elements, the purpose of therefore, subjective and objective is not consistent, a not established trafficking complicity. Those buying abducted women sin is not for the purpose of selling, buying abducted women behavior. C buying women is not for the purpose of selling, but to marry for the purpose of a and C, the purpose is the same, therefore, the establishment of a and C buying abducted women crime. The correct answer to this question is B.

14 A in a bank account is 40000 yuan deposit. One day, a deposit out of all, but because the bank clerk B the mistakes in the work, not the passbook card at the end of the destruction. Half a year later, a went to the bank to handle the storage business, B to a, 40000 yuan deposit your has expired. A listen to, suddenly have a brain wave, loss of B that the passbook. B for the loss report procedure for a, a take away 40000 yuan. A behavior constitute what crime?

A. embezzlement

B. theft (indirect)

C. fraud

D. financial documents fraud

Answer: C

Analytic: fraud ("criminal law" 266th article) refers to the illegal possession for the purpose, with the method of fictitious facts or conceal the truth, for the larger public and private property act. In this case, a for the purpose of illegal possession, fictional own passbook fact, conceal the truth, for 40000 yuan deposit bank acts constitute a crime of fraud, so the correct answer to this question is C.

15 a passenger does not pay attention to walk on the road of women on the occasion of the B, B $12000 Necklace grabbed, and run away. After running 50 meters, a that B necklace is worthless, and turned back, ran to the B and B two, hit a slap in the face, and said, come out to mix, also don't know to wear a necklace ", then the necklace throw B. On a behavior, should how qualitative?

A. robbery (attempted)

B. robbery (stop)

C. snatch crime (crime)

D. robbery (transformed robbery)

Answer: C

Analytic: robbery refers to the illegal possession for the purpose, to win a large amount of public or private property outright, behavior. The object of this crime is public or private property; the objective elements of public or private property is a flagrant win; subjective deliberately, and has the purpose of illegal possession. A take B does not pay attention, to seize the 12000 yuan necklace, constitutes a crime. Robbery crime is property from the possession of the control. In this case a have already run 50 meters, the necklace was in fact out of ethylene control, so a act constitutes a crime, the crime, but later returned, does not affect the establishment of the accomplished offense of robbery, the correct answer is C. as transformed robbery, must be of violence or threats of violence, he just blatant win, no violence or threats of violence question, therefore does not constitute the crime of robbery or transformed robbery, excluding D.

16 a sudden not seen in a hundred years of ice and snow disaster, B out of their homes to avoid natural disasters. Two days later, the snow overwhelmed B house, house property scattered on the ground. Post disaster returns first neighbor a pass by B, B 20000 yuan in cash in the house collapse away. About the qualitative behavior, which of the following statements are true?

A. constitute the crime of theft

B. constitutes a crime

C. constitutes a crime

D. has only been unjust enrichment of civil law, do not constitute a crime

Answer: A

Analytic: theft ("criminal law" article 264th), refers to the illegal possession for the purpose of secret theft, large amount of public or private property or multiple secret stealing behavior of public and private property. The object of theft crime is one of the characteristics of public and private property, the public and private property is: people be able to control and possession. People be able to control and possession of the property must be tangible things according to the features of function can be realized. Control and ownership is the fact that domination. This control is not just a simple physical tangible domination. Sometimes play can be said to be a social concept, consideration must be given to the nature of the material, the time and place, to be in accordance with the general concept of society to decide sth is not occupied. Sometimes even in the governing physical or tangible is not up to the occasion, from the social concept can also be considered as a possession. For example, in the range of their residence within the time could not find watches, rings, still didn't lose possession. If there is no back to the master home and master habits of animals even left the master home, still belongs to the owner occupancy. The earthquake occurred, in order to temporary refuge and move out, placed on the roadside property, still belong to the owner by the. Therefore, in this case, although the second home has been heavy snow collapsed, however, B homes property is still regarded as a B and B control property and possession, a B collapse 20000 yuan in cash in the house took the act of theft, so the correct answer to this question is A.

17 a less B 100000 Yuanjiu not drag also, B to the court and won, a performance period is still not returned. Then, B to apply to the court for compulsory execution. When the court staff to enforce rulings to a home, a family at the door waiting led armed with sticks, and will try to enter the indoor staff seriously wounded. A behavior constitute what crime?

A. refused to implement the decision, ruled that the crime

B. to disturb the social order of sin

C. obstruction of official crime

D. the crime of intentional injury

Answer: D

Analytic: refusing to implement the decision, ruled that the crime (article 313rd of the criminal law), is refers to the people's court verdict, ruling ability to perform and refused to perform, serious behavior. According to the "Regulations on the trial of refusing to implement the decision, ruled that several issues concerning the specific application of law cases the interpretation of" the third Supreme People's court, the people's court for execution, ruling the obligation of any of the following circumstances, should be identified as the people's court refuses to execute the judgment, ruling behavior "serious": (1) after the people's Court issued the executive notice, hidden, transfer, sale, damage has been to attachment, seizure or have been inventoried and property shall be ordered to safekeeping, transfer of property that has been frozen, the decision, ruled that no law enforcement; (2), transfer, sale, the hidden damage to provide security to the people's court at in the implementation of the property, the decision, ruled that can not be implemented; (3) by violence, threat or refuses to perform the prejudice, perform the work cannot be carried out; (4) the coax downtown, impact the execution scene, siege, detained, beaten executive the execution work can not be carried out; (5) damage, rob the implementation of case material, implementation of official vehicles and other equipment, clothing and execute executive enforcement credentials, causing serious consequences; (6) Other obstructing or resisting execution caused serious consequences. The crime of obstruction of official business (article 277th), refers to the methods of violence, threat, staff hinders national staff, the people's representative and under certain conditions of the Red Cross to perform their duties according to law or fulfill the duty responsibility, by violence, threat or other obstruct national security organs, the public security organ to perform a task state security in accordance with law, causing serious consequences of behavior. The crime of obstruction of official business and refusing to implement the decision, ruled that crimes are occurred during the execution of duties, [legal education 1 education net] but refused to implement the decision, ruled that the crime mainly occurred in the personnel of a people's court according to law enforcement cases occurred in the process of. Both are common and general relations, at the same time "judicial interpretation" have been provided to law enforcement officers to use the means of violence or threat, the consequences of this situation, in particular, the difference is to apply to the crime of obstruction of official business. Therefore, in the implementation of the scene to law enforcement violence, threat for refusing to implement the decision, ruled that the crime is more in conformity with the law. However, violence in this case a implementation beyond cannot give the judicial interpretation of the obstruction of execution, but executives reach the injured, therefore, a behavior constitutes the imaginative joinder of refusing to implement the decision, ruled that the crime and the crime of intentional injury, should choose a felony penalties, causing serious injury crime of intentional injury sentencing in the range of three to ten years in prison, therefore, should be a crime of intentional injury. The correct answer is D.

18 a State-Owned Company teller a intention I custody of illegal possession of public property, but not to use their own hands the keys and know the password, but it will be safe to keep open and take cash 30000 yuan to use iron. Then, a forgery crime scene, claiming that the stolen. About the case, which of the following statements are true?

Although A. is a national staff, but did not take advantage of their office, it should be regarded as crime of theft

B. a while not taking advantage of his position, but also do not belong to the others for their own share of possession of the property transfer, it should be regarded as the crime of Embezzlement

C. will own a property based on post custody take forcible possession of, should set up the crime of corruption

A D. is actually to obtain property by deception, should be identified as fraud

Answer: C

Analysis: the crime of corruption, is refers to the country staff, taking advantage of his position, embezzle, steal, cheat or by other means of illegal possession of public property act. In this case, a State-Owned Company teller, meet the corruption offence subject requirements, a took advantage of his position to steal the secret unit 30000 yuan in cash behavior was established the crime of corruption. Therefore, the correct answer to this question is C.

19 A and B and stealing a car, a car keys required to B. But a later to B that abandon crime means, let B return the key. B to a, you wait a few minutes, back to you "I prepared a key with your keys, a return to their original provide the keys. After B use their formulated key stolen car (worth 50000 yuan). About the case, which of the following statements are true?

A. a behavior belonging to the theft of suspension

B. a behavior belonging to the theft of preparation

C. a behavior belonging to the attempted crime of theft

D. A and B constitute theft (accomplished) accomplice

Answer: D

Analysis: a joint crime is an intentional crime committed by two or more persons jointly. In this case a conspiracy to steal cars, although a to B that give up crime, but he let B continue keys used for crime, is actually involved in the crime, is the accomplice of larceny. The theory of the criminal law on the crime, the criminal responsibility of the view is "a step behavior, full responsibility". In this case, B has stolen cars, constitute a theft crime, for a, according to the above theory, although only in the key process of preparation, but still assume full responsibility, also constitute the crime of theft crime. The correct answer is D.

20 the legislative interpretation is made by the legislative explanation, since the legislature in making laws may provide "snatching with lethal weapon" the crime of robbery, so, the legislative interpretation can also be specified with lethal weapon "theft, the crime of robbery". Of course, the legislative interpretation is to explain, so, the legislative interpretation shall not carry out the analogy to explain. The judicial interpretation has the force of law, the judicial and legislative interpretations of conflicts, should apply the new explanation is better than the old principle of explanation. The however, the judicial interpretation of the effectiveness than the validity, the legislative interpretation so, legislative interpretation can be expanded interpretation, the judicial interpretation not expanding interpretation. The four sentence is wrong, which of the following statements are true?

A. first sentence correctly, other error

The B. of the right, the other error

C. in the third sentence correctly, other error

D.'s the first sentence correctly, other error

Answer: B

Analysis: the legislative interpretation, namely the legislative explanation, has the equal legal effect with. Often think of the legislative interpretation includes three types: one is to explain the provisions made in criminal law or related laws; the two is made in the "legal drafting instructions" in the interpretation of the provisions; three is the ambiguity in criminal law in the process of implementing the interpretation. Legislative interpretation in the strict sense refers to the third kind of interpretation, the legislative interpretation cannot adopt the method of analogical interpretation. Therefore, the wrong sentence, the sentence correctly. Effect of legislative interpretation than the validity of judicial interpretation, therefore, when the judicial and legislative interpretations of conflicts, should apply the legislative interpretation is better than that of judicial interpretation of the principle, therefore, the sentence error. The legal principle of crime and punishment does not prohibit the expanding interpretation, therefore, whether it is the legislative interpretation and judicial interpretation are not expanding interpretation, the sentence error. The correct answer to this question is B.

(2008, Sichuan)

1 according to the "criminal law" in article 111st, for overseas institutions, organizations, personnel illegally providing state secrets or intelligence, constitute a crime. The judicial interpretation of the "intelligence" is interpreted as "national security and interests, has not publicly or not should be public matters in accordance with the relevant provisions". This explanation is following what explanation?

A. correction interpretation

Of course B. interpretation

C. against interpretation

D. narrow interpretation

Answer: D

Analytic: explain the appraisal of criminal law. Method of interpretation of criminal law is divided into two categories, namely literal interpretation and logical interpretation. The reason mainly has the following several: expanding interpretation, narrow interpretation, of course, against interpretation and correction explain explain. Correction to explain the so-called refers to the error of criminal law text, view the criminal law text to be corrected, to clarify the true meaning of interpretation of criminal law. For example, that the "criminal law" section sixty-third "below" does not include the number, is corrected to explain. Of course, the provisions of the criminal law interpretation, which did not express a certain matters, but according to the formal logic, specification and the attributes of things and of course the truth, to bring this matter interpreted to include in the provisions of the applicable range. For example, "criminal law" the provisions of article 201st, because of "tax by tax authority two administrative sanctions and tax evasion", constitutes the crime of evading tax due to tax evasion, that was given three times, four administrative penalties and tax evasion constitute the crime of tax evasion, is of course to explain. Against interpretation refers to the positive expression of criminal law interpretation method of derivation, the opposite meaning. "Criminal law" the provisions of article fiftieth, sentenced to death with reprieve in the probation period without intentional crime, after a period of two years, to life imprisonment. Accordingly, probation period did not full 1 years to life imprisonment, this is against interpretation. Narrow interpretation, namely the criminal law provisions of the literal meaning than the true meaning of criminal law is wide, so limiting the literal meaning, the true meaning of the criminal law. "Criminal law" stipulates that the 111st "intelligence" is defined as "the relationship between national security and interests, has not publicly or not should be public matters" in accordance with the relevant provisions of, is the narrow interpretation, D is the correct answer.

2 a because B bike theft (value 460 yuan) was captured, the public security organ to administrative detention 15 days of punishment on their. In administrative detention, a active account theft by motorcycle (value 20000 yuan) of the facts of the crime, the fact of the public security organ verified. On a motorcycle theft an active account behavior should be how qualitative?

A. surrender

B.

C. meritorious service

D. major meritorious service

Answer: A

Analysis: the definition of assessment. Surrender is divided into general surrender and special surrender in two class. General voluntary surrender refers to voluntarily surrender after committing a crime, the confession of his crime behavior. Special voluntary surrender refers to the coercive measures of criminal suspects, defendants and is serving a sentence truthfully confessed, the judiciary has not yet mastered his other crimes act. In addition, some behavior in the public security organs administrative detention, the confession of the judiciary has not yet mastered his other crimes, although it does not belong to the coercive measures in the confession of suspect, defendant and is serving a sentence, but according to the crime legal principle spirit, can also be regarded as the special voluntary surrender. Also with a view, which can be directly identified as general surrender. But no matter how the dispute in academic circles, which belongs to surrender is not disputed. The correct answer is A.

3 special identity refers to the special qualification behavior on the identity, as well as other relevant and criminal behavior, behavior of certain special status in social relations or state. ② because of the special identity must be related, and some crime so, gender, nationality, can not become a special identity, the ringleaders belong to special identity. The crime of misappropriating public funds is the true identity, only the national staff can constitute the crime of misappropriation of public funds, but the non national staff can become an accomplice of the crime of embezzlement of public funds. According to the "criminal law" in article 307th, the judicial staff made to help destroy or falsify evidence, the crime, be given a heavier punishment. This situation is called no real identity. On the upside if wrong, which of the following statements are true?

A. first sentence error correct, other

B. of the error, the other is correct

C. in the third sentence error correct, other

D. the first sentence error correct, other

Answer: B

Analysis: the assessment of special identity. The special identity refers to the special qualification behavior on the identity, as well as other relevant and criminal behavior, behavior of certain special status in social relations or state. In Chapter 1, 3, 4 sentence correctly, the error. Gender, nationality, can also become a special identity. For example, women alone cannot become rape perpetrator, foreigners can not be China criminal law crime of treason crime. The first molecule does not belong to the special identity, but formed in the criminal process status, role of crime. For example, the underworld, terrorist ringleader, affray ringleader, are obtained in the criminal process status, has nothing to do with the constitution of this crime subject qualification requirements.

4 a meaning to strangle B, B Le after dusk, mistakenly think that B is dead. For the destruction of evidence, and with a so-called "corpse" corpse. In fact, B not died of strangulation behavior of armour, but died of a split behavior. About the case, which of the following statements are true?

A. a acts constitute intentional homicide (attempted) crime and the crime of negligence causing death

B. a acts constitute intentional homicide (attempted) deaths and the crime of insulting corpse crime, negligent crime

C. a acts constitute intentional homicide (accomplished) crime and the crime of insulting the corpse

D. a acts constitute intentional homicide crime (crime)

Answer: D

Analysis: understanding errors generally causality. The causal relationship between knowledge error refers to, the violation object without error, but the cause of the development of causality violation behavior and expected the inconsistent results, and against the back or ahead of what happened. In this case, the intention of using a strangled way to kill B, behavior object B not wrong, just cause the error cause B death, namely B not strangled, but in a practice after the murder because split caused b's death. In this case, deliberately have killed B, at the same time the implementation of the act of killing B, resulting in the objective situation, B death therefore, causal understanding error does not affect the establishment of the crime of intentional homicide crime. Therefore, the correct answer to this question is D.

About 5 of anticipated possibility, which one of the following options is wrong?

Whether the A. behavior person has intentionally, negligence, and whether it has the possibility of expectation, are two different problems. In other words, intent, negligence, or may not have the anticipated possibility

B. crime after destroy your evidence of a crime behavior does not constitute a crime, because of the lack of anticipated possibility

C. in the judicial practice, due to natural disasters, outflow living again, is not to the bigamy crime, because of the lack of anticipated possibility

D. penniless beggar theft of property of others to survive, because of the lack of anticipated possibility, should not be regarded as crime of theft

Answer: D

Analysis: the possibility of expectation is that according to the specific circumstances, the perpetrator may be expected not to commit an illegal act against implementation of legal acts. Think of the anticipated possibility theory, if can't expect the perpetrators of legal behavior, can not be to blame, so there is no criminal liability. The anticipated possibility not only there is no problem (whether to exclude liability), but also the existence of degree (if less responsibility). Option A correctly expressed the relationship between expected possibility and intentional or negligent, namely intent or negligence may not have anticipated possibility. Option B belong to afterwards for not behavior, lack of anticipated possibility. Option C is the lack of suitable cases of anticipated possibility, the option D is anticipated possibility, does not exclude the establishment of the crime of theft.

6 A, B go hunting, in a cottage next to the grass, forthcoming, thought that the hare, then go, but will this child playing dead. In children, only one bullet, using the A and B, guns, ammunition types are exactly the same, can not distinguish who is. For a and B, behavior, should how qualitative?

A. A and B, respectively, constitutes a crime of negligence causing death

Joint crime of B. A and B, constitutes a crime of negligence causing death

C. a, B constitute a common crime of intentional homicide

D. a, B does not constitute a crime

Answer: D

Analysis: the examination of two points, one is the criminal law in the combat error; two is the principle of innocent presumption in criminal litigation. A, B mistook the kid as a rabbit killed behavior belongs to combat error, there are two kinds of situations, one is negligence negligent crime; two is no negligence accident. However, this did not given in the presence of relevant information and negligence, but from another point of knowledge also to examine treatment on B. The principle of presumption of innocence from the procedure in to examine the treatment of B. From the information given in the question stem, child mortality is caused by Party A and Party B, however, belong to a and B which people's behavior, there is no evidence to prove that, therefore, there is no evidence that a and B anyone cause children die, only that a and B are not guilty. Therefore, D is right.

7 according to the "criminal law" provisions of abettor, expression, which of the following statements are true?

A. instigate minors to drug trafficking, established the crime of drug trafficking, shall be given a heavier punishment

B. is the principal instigator

C. instigates others into taking or injecting drugs, the establishment of enticement drug crime abettor

D. impart crime method, will not establish abettors

Answer: A

Analysis: "criminal law" the 347th paragraph fifth, the smuggling, trafficking, instigate minors, transportation, manufacturing drugs, or sell drugs to minors shall be given a heavier punishment. Therefore, A is right.

Standard distinguished principal, accessory is effect in the criminal process, the role of large is the principal, small effect is an accessory. "Criminal law" the twenty-ninth paragraph first, instigates others to commit a crime, shall be punished according to the role he plays in a joint crime. Therefore, the instigator may be a culprit, may also be an accomplice. Therefore, the B statement error.

"Criminal law" the provisions of article 353rd, lure, instigate, deceive others smoking, injecting drug was lured, abetting, deceive others drug crime. And smoking, injecting drug use is not criminal behavior, can not be set up in the behavior of the instigator. Therefore, the C statement error.

May also have instigation impart crime method, the concurrence of the felony punishable principle. Therefore, the D statement error.

8 on the perpetrator claims, which of the following statements are true?

A. in accordance with the provisions of China's "criminal law" the general provisions, some is the perpetrator instigator

B. in the common crime, perpetrator of crime is plays the main role in the crime

C. in simple common crime of the crime of punishment, to follow the "part of the implementation of full responsibility" principle

D. indirect principal is the crime of a special type of crime

Answer: C

Analytic: instigator refers to suggest, encourage, persuade, bribery or other deliberately instigated others to commit crimes. According to the criminal law theory, application of "abetting" premise, does not belong to any criminal behavior. If the act had criminal behavior (practice) is excluded the instigation. Therefore, the A statement error.

Crime refers to the crime directly in specific provisions of criminal law of the people, which may be the principal, accomplice, accomplice under duress. The accessory and coerced offender in the crime generally played a minor role or a supporting role, therefore, B is wrong.

For joint principal offender, the "part of the implementation of full responsibility" principle. Therefore, C is right.

First of all, the indirect principal offender and the other side is the relationship between use and to be used, not the accomplice was established between them; secondly, the indirect principal offender is not all offenders, for example: when the instigated crime without capacity for civil conduct, instigator is indirect, but not the perpetrator instigator. Therefore, the D option is wrong.

Therefore, the correct answer to this question is C.

9 lawyers Zhao accept law firm assignment, provide legal advice for a listed stock. Zhao after receiving 100000 yuan property of the company, provides legal opinion false, leading the company does not meet the listing requirements have the qualifications listed, serious damage to the interests of the shareholders. Zhao's behavior constitute what crime?

A. bribery

B. "criminal law" the provisions of article 163rd of the companies, enterprises, other unit personnel bribery

C. the crime of providing false documents

D. "criminal law" the provisions of article 163rd of the company, other unit personnel enterprise, taking bribes and the crime of providing false documents, it should be combined punishment

Answer: C

Analysis: bribery crime, is refers to the country staff, taking advantage of his position, extorts money or property, or illegally accept others' property and the interests of the people seek. The subject of bribery crime is a special subject or national staff, apparently Zhao not national staff, does not constitute the crime of bribery. Therefore, the A statement error.

"Criminal law" the 163rd regulation, company, enterprise work personnel taking advantage of his position, extorts money or property from illegal income or property of others, for the benefit of others. And in this case, Zhao is for companies to seek interests. No provisions of the companies, enterprises, other units of bribery crime. Therefore, the B statement error.

Intermediary organization crime of providing false documents, is the intermediary organization refers to the charge of assets assessment, verification, validation, accounting, auditing, legal services and other functions and staff deliberately provides false documents, if the circumstances are serious behavior. Zhao as a lawyer, deliberately provides false legal opinion for the company. Constitute the crime of providing false documents. So, therefore, C is right. The correct answer to this question is C.

"Criminal law" the provisions of article 229th, intermediary organization who extort or accept bribes, and provide the establishment of false certification documents of the aggravated consequential offence, direct determination of the crime of providing false documents. Therefore, the D statement error.

Therefore, the correct answer to this question is C.

10 on probation, which of the following statements are true?

A. recidivists and homicide, injury and other violent crimes, shall not be declared probation

B. is declared criminal probation, the probation period, if not to commit new crimes, upon expiration of the probation period, the original penalty shall not be executed

C. probation period, calculated from the date of the judgment

D. is declared criminal probation, the probation period commits another crime, the suspension shall be revoked, the former crime and the punishment imposed for the latter crime, in accordance with the method of decreasing and the decision shall execute the penalty

Answer: C

Analysis: "criminal law" the provisions of article seventy-fourth, not for recidivism, probation. Eighty-first the provisions of the second paragraph of recidivism, as well as for murder, robbery, rape, kidnapping, explosion and other violent crimes was sentenced to ten years in prison, life imprisonment of criminals, without the possibility of parole. Therefore, the A statement error.

"Criminal law" the seventy-sixth regulation, a criminal whose sentence is suspended, during the probation period, investigation by the public security organs, the unit or the basic level organization cooperate, if not the law of the seventy-seventh article of the cases, the expiration of probation, the punishment originally decided is not executed, and shall be announced to the public. Hereby, a criminal whose sentence is suspended, during the probation period, a new crime not only, and cannot be found and before the judgment is pronounced committed not sentenced crime, otherwise it is not approved, will continue to carry out punishment. Therefore, the B statement error.

"Criminal law" the seventy-third paragraph third, probation period, calculated from the date of the judgment. Therefore, C is right.

"Criminal law" the seventy-seventh regulation, a criminal whose sentence is suspended, the probation period commits another crime or other crime is found in the judgment is pronounced, not previously sentenced, the suspension shall be revoked, make a decision on the new crime or newly discovered crime, the former crime and sin sentenced to punishment, in accordance with the provisions the sixty-ninth article of this law, the punishment decision execution. Accordingly, during the probation period, the probation revocation commits another crime belongs to the combined punishment for several crimes before the judgment is pronounced, the combined punishment for several crimes, there is no minus the execution date problem, because as the original penalty probation practice is not performed. Therefore, the D statement error.

Therefore, the correct answer to this question is C.

11 Liu using the opportunity to travel abroad, buy 1 handguns, ammunition some of their own, and the mail back home in disguise. Later, Liu learned that Ding to engage in a gun to rob a bank, and Ding Mou negotiation, the pistol for Ding to 10000 yuan. Arrested Ding using the pistol robbed banks. On Liu's actions should be how to deal with?

A. to illegal business crime and robbery crime be punished dangerous substances

B. be punished and rental guns illegal crime by illegal trade in dangerous substance

Both the C. to the smuggling of weapons, ammunition and the crime of robbery

Both the D. to the smuggling of weapons, ammunition, illegal rental of firearms, robbery

Answer: C

Analytic: illegal rental, a gun a crime, refers to the official personnel or units equipped with guns, in violation of the regulations governing control, private rental, loan guns, or lawfully equipped with guns or unit, in violation of regulations on management of firearms, illegal lease, lend the guns, causing serious consequences. The crime in judicial practice, should pay attention to this crime can only be lawfully equipped with guns for the discharge of official duties by law and is equipped with guns for civilian use of personnel, units. Other personnel, units in the illegal lease, lend the guns, does not constitute a crime. Therefore, Liu Mou does not constitute the crime of illegal rental guns. Exclusion of BD. smuggling weapons, ammunition crime is to violate the customs laws and regulations, evade Customs supervision, illegal transportation, carrying, mailing weapon to go abroad (boundary) exit behavior. Liu comply with the requisites to constitute this crime. In addition, Liu and Ding Mou constitute the crime of robbery accomplice, shall. Therefore, the correct answer to this question is C.

12 individual industrial and commercial households B payment of business tax 150000 yuan, when the tax personnel door collects taxes, B group a people violent siege, beating the tax personnel, resist pay, in which a shot the most ruthless, will a tax personnel seriously wounded. A behavior constitute what crime?

A. tax evasion

B. crime of refusing to pay taxes

C. the crime of intentional injury

D. tax revolt crime and the crime of intentional injury be punished

Answer: C

Analysis: the "provisions on several issues of specific application of law in the trial of criminal cases of tax evasion to explain" the sixth Supreme People's court, the implementation of tax behavior seriously, death, crime of intentional injury, intentional homicide, respectively, in accordance with the provisions of article 234Th of the criminal law second, article 232nd convicted and punished. Therefore, the correct answer to this question is C.

13 a home because of power outages and lit candles, realized the candle was not stable, may dump caused the fire, but thought that if this caused the fire, but can obtain higher insurance, then go out to dinner, which was caused by the fire, and the neighbor's house burned. A fire on the grounds to insurance company claim for compensation, compensation. In this case, which of the following statements are true?

A. arson, a behavior belongs to the crime of omission

B. arson, a behavior to combines the omission as

C. is the crime of insurance fraud, a behavior belongs to the crime of omission

D. is the crime of insurance fraud, a behavior to combines the omission as

Answer: A

Analysis: a lit candles for lighting, no fire, but realized that may cause fire and do not put it and let it out to dinner, which belongs to the obligation arising from antecedent actions and does not perform this obligation, therefore is not as a way for the implementation of fire behavior. Insurance fraud, a behavior is as. Therefore, the correct answer to this question is A.

14 A in the acrobatic show the name deceive many rural children. The children were for gospel truth, then with a town. These children will be taken to a big city, the use of children in the begging activities. Meanwhile, a once and children family telephone, said the children have a good life. About the case, which of the following statements are true?

A. a behavior constitute the organization children begging crime

B. a acts constitute crime of kidnapping children

A C. acts constitute a crime of fraud

D. a behavior with the consent of the children's parents agree, not to set up crime

Answer: B

Analysis: the crime of kidnapping children refers to the use of deception, bribery or other methods, so that minors under the age of 14, from his family or guardian behavior. A "deceive children" with the city, the establishment of crime of kidnapping children.

Organization of children begging crime refers to the means of violence or threat, organizations of persons with disabilities or minors under the age of 14 begging behavior. The use of violence, threats to the force is essential, from the stem of the information given in the view, behavior person just to "cheat" way, without violence, threats and other means of coercion, therefore, does not constitute the organization children begging crime. Therefore, the correct answer to this question is B.

15 A and B are travelling in a train. Train in a station only 2 minutes, but a cheat B said: "the station parking 12 minutes", B for gospel truth, out shopping. B just get off, the train departure. Armour instantly B property transferred to another car, then get off at the next stop after carrying abscond. A behavior constitute what crime?

A. fraud

B. embezzlement

C. theft

D. vandalism

Answer: C

Analysis: a method to deceive the B out of itself of possession, and then steal, steal. A cheating B out of possession of illegal possession of the property there is intention B, exclusion of embezzlement. Therefore, the correct answer to this question is C.

16 a watering the flowers in the 8 floor balcony, accidentally will Jin Zhuozi (value 30000 yuan) thrown downstairs. Armour instantly let son stared in the upstairs, he ran downstairs to pick up the bracelet. Pass by here B saw a golden bracelet on the ground, who thought it was accidentally lost, in a prior to the arrival of pick up the bracelet quickly fled the scene. A multi query to find B, but B deny picked up gold bracelet. B behavior constitute what crime?

A. theft

B. embezzlement

C. robbery

D. does not constitute a crime

Answer: B

Analysis: in this case, B in picked up the golden bracelet when, who thought it was accidentally lost, although has the intention of illegal possession of lost property, however, does not have to steal and open win intention. Therefore, elimination of theft and robbery. In the a B find claim refund, B in denial and refuse to return. Therefore, constitute the crime of embezzlement.

17 a motorcycle to a square, by passing through the square B unprepared, yanked its carrying bag, handbag B hold not to put, armour is fierce trample accelerator, B and dragged meters away, and took the bag after March off. Via checking, handbags have money value of 5000 yuan, B also was a strong pull hard drag and wrist dislocation. Should take what crime punishment to a behavior?

A. robbery

B. robbery

C. robbery and robbery crime be punished

D. robbery and robbery of implicated offense from a felony place off

Answer: B

Analysis: "notice" the Supreme People's Court issued on the trial of robbery and theft issues concerning the application of law in criminal cases the opinions of eleventh provisions, for driving motor vehicles, non motor vehicles (hereinafter referred to as "vehicle") to seize the property of others, to rob the crime shall be given a heavier punishment. But one of the following circumstances, shall be convicted and punished for robbery: 

(1) driving the vehicle, forced extrusion, impact or forcibly forced down others to the exclusion of others against, to seize property; "

(2) driving the vehicle to rob property, because the victim does not let go and take a strong pull hard drag method to plunder property; "

(3) the perpetrator knows its vehicles forcible seizure of property of others means will cause casualties consequences, still forcibly taken and laissez faire causes property holders slightly above consequences.

According to the above provisions, the correct answer to this question is B.

18 A in a company recruit drivers, using false ID and hired candidates. In according to the arrangement of the company alone will be 70000 yuan worth of goods shipped from Beijing to Shandong on the way, the sale of the goods in Tianjin fled after, to 20000 yuan. A behavior constitute what crime?

A. theft

B. fraud

C. embezzlement

D. embezzlement

Answer: C

Analysis: a work unit, unit of property by taking advantage of the occupation of my management, is the duty encroachment. Using the convenience of duty, exclusion of embezzlement and theft. A lied for not to cheat, not fraud.

19 A in a remote road, found his friend B robbed C property, and as a result of the violence B earlier, leading to C excessive bleeding, coma. A hurried to B said: "are you in trouble, quickly find a place to hide, the farther the better." A will also own a distant relative's name, address provided to B, and B 3000 yuan. B so the train to a relative. A and B, respectively, left the scene, 3 hours after the death, C. A behavior constitute what crime?

A. robbery

B. intentional homicide

C. negligence crime death

D. harbouring crimes

Answer: D

Analysis: A in B after the crime and help its spies, the establishment of the crime of harboring a criminal. A robbery C in B after a conduct is involved, and a and B are not conspirators, armour was not robbery, accomplice. A to C dying no rescue duty, also was not intentional homicide or negligence crime death.

20 an intermediate court presiding judge a receiving murder defendant B family 10000 yuan in cash, forged B excessive defense, surrendering evidence, the judicial committee of the hospital to deceive, originally may be sentenced to death B only to eventually sentenced to 3 years in prison. For a crime should be based on what?

A. crime

B. the crime of breach of privilege

C. bribery

D. perjury

Answer: A

Analysis: "criminal law" the 399th stipulation, the judicial staff favoritism, abuse the law and practise favouritism, clearly knowing the man who is innocent and that he knows to be guilty of the accused, who does not make him intentionally protecting from prosecution, or in the criminal trial activities deliberately contrary to facts and the law and make judgment, at...... The judicial personnel take bribes and bend the law, have the acts mentioned in the preceding two paragraphs, which also constitutes the law the 385th regulation of sin (bribery), in accordance with the provisions of punishment heavier punishment. Accordingly, to the establishment of this crime in a crime of breach of privilege, rejection for the general provisions of bribery crime, felony punishment. Bribery ten thousand yuan just to bribery conviction standards, should be based on the crime of heavier. In addition, the subject of crime of perjury is witness, identification, recording and translation. A is a judge of the court is not in conformity with the subject of the crime of perjury requirement, therefore not the establishment of perjury. The correct answer to this question is A.

The 21 accused Sunmou in court of psychopath, the case can not continue for a long time trial. The court which of the following is true?

A. decide that the sun does not bear criminal responsibility

B. order to suspend the trial

The C. ruled the postponement of the hearing

D. ordered to terminate the trial

Answer: B

Analysis: the "provisions on some problems in the implementation of" the people's Republic of China Criminal Procedure Law > interpretation of "the 181st Supreme People's court, in the course of the trial, the prosecutor or the accused person suffering from mental disease or other serious diseases, as well as the case the prosecution to the court after the defendant and fled, the case can not continue for a long time the trial, the people's court shall rule to suspend the trial. Therefore, B is right.

22 the public security organs to collect a note the suspect Zhang writing in a theft spot, seized stolen TV video, DVD discs, books, stolen supermarket provides the stolen items list. Which of the following statements is true?

Note A. the procedure

B. TV video and DVD disc is evidence

C. collection of stolen books are written evidence

D. stolen items belonging to the testimony of a witness

Answer: B

Analysis: the evidence is that all objects and traces of the truth of the case. Documentary evidence refers to the contents of the document and reflects the thought to prove the true circumstances of a case of written material or other material. The testimony of a witness is a witness to the circumstances of the case and the understanding to the public security organs and the statements. In this case, a note, because there is no clear explanation to the contents of the document and reflects the thought to prove the true circumstances of a case, so can not generally considered documentary evidence, if it is to note handwriting to prove the truth of the case, then the note itself is not evidence, documentary evidence. Therefore, the A statement error.

The stolen TV video, DVD discs, books are the outer to prove theft facts in character, is evidence. Therefore, the B statement is correct, the C statement error.

The stolen items list is based on the contents of the document (stole much) to prove theft facts, so is the documentary evidence, rather than the testimony of a witness. Therefore, the D statement error.

To sum up, this is a correct B.

23.A Chinese businessman Tom hijacked B civil aircraft, to C, but C's refusal to its landing, after landing Chinese helpless. To deal with the problem of criminal responsibility of Tom, which of the following statements are true?

A. on the basis of protective jurisdiction, applicable law, it shall be investigated for criminal responsibility Chinese

B. resolved through diplomatic channels

C. in accordance with the principle of universal jurisdiction, applicable law, it shall be investigated for criminal responsibility Chinese

D. according to the principle of territorial jurisdiction, applicable law, it shall be investigated for criminal responsibility Chinese

Answer: D

Analysis: "criminal law" the sixth paragraph first, where a crime in the territory of the people's Republic of China, except when otherwise stipulated by law, the law is applicable to. The third paragraph, the criminal act or consequence takes place within the people's Republic of China, is considered a crime in the territory of the people's Republic of china. In this case, Tom's behavior of aircraft hijacking crime occurs within the people's Republic of China, so that is a crime in the territory of the people's Republic of China, the principle of territorial jurisdiction in accordance with the applicable laws, Chinese pursue the criminal responsibility. The D statement is correct, elected.

2007.

1 of the criminal law causal relation judgment, which of the following statements are true?

A. a robbery and assault a chapter, chapter one escape, a subsequent chase. A chapter in the escape from the wallet carelessly fall on the left, a lost wallet. The causal relationship between violence and obtain a property

B. Ethyl on killing mean knifed Cheng, see Cheng after the injury is very painful, and deliver it to the hospital, but the doctor treatment there are significant errors, resulting in one death. B there is no causal relationship between behavior and the process of a death

C. C through a railway crossing is on duty, meet acquaintances a, then chat with, lead to a failed to put down the railing, the train will run over by huang. The causal relationship between C and Huang's death

D. Ding to kill Li Mou and hit the head, make it be mortally wounded, and 2 hours after death. In Li Mou begging, Ding drove them to hospital. 20 minutes later, a high driving trucks speeding, hit the Ding car induced Lee died on the spot. The causal relationship between Ding behavior and Li's death

Answer: B

Analysis: the causality in criminal law is the relation between the behavior and harm result,Judicial examinationThe conditions to judge the causation in criminal law. The former is the reason for the latter, the former is the act, the latter is the harm result. B medium term one died because of serious errors when the doctor treatment. That is to say caused harmful consequences B death act is a doctor's mistake. B in spite of intentionally killing Cheng, also be cut with a knife, but he later will Cheng served hospital, interruption of causality.

2 Chen robs taxi driver a knife, a knife, forcibly snatched off property after the escape. A car chase, in Chen Ran 40 meters will be seriously and recapture the property. On the nature of a, which of the following statements are true?

A. act

B. emergency

C. justifiable defense

D. self-help behavior

Answer: C

Analysis: the case of Chen's crimes against property. In this kind of crime of robbery, although has been accomplished, but the behavior person has not been completely left the scene, the victim can recover completely, it should be considered unlawful infringement is not over yet, can implement justifiable defense. So a Chen escape when driving the seriously injured and recapture the behavior of property can be identified as justifiable defense.

About 3 of the accomplice, which of the following statements are true?

A. for others to help the organization prostitution, to the organization prostitution crime and help offenders punished

B. for the purpose of selling, trafficking in women for criminals to shuttle, transit abducted women, crime of abducting and trafficking in women with the help of the crime committed by

C. should be criminals of smuggling requirements, providing funds, account for, shall be punished as an accomplice in the crime of smuggling

D. for people to secretly cross the national boundary (border) environment provided forged passports, to sneak into the country (border) environmental crime accomplice

Answer: C

Analysis: "criminal law" the provisions of article 358th, assisting in the organization of prostitution, is less than five years imprisonment, fined; if the circumstances are serious, department for more than five years of less than ten years imprisonment, fined. Visible, for others the organization prostitution to help assist the organization prostitution crime constitution, "A said for others to help the organization prostitution, prostitution to organizations to help make it is wrong. "Criminal law" the 240th paragraph second, trafficking in women and children, is for the purpose of selling, a kidnapping, kidnapping, buying, trafficking, transport, transfer one of the women, children's behavior. For the crime of abducting and trafficking in women of the shuttle, molecular transfer abducted women, should be the trafficking of women's crime rather than help offender. "Criminal law" the provisions of article 156th, conspiracy and criminals of smuggling, with loans, funds, accounts, invoices, proof for it, or to provide transportation, storage, post or other convenient, shall be punished as an accomplice in the crime of smuggling. So C is correct. According to the "criminal law" article 320th and article 322, to secretly cross the national boundary for others (edge) environment provided forged passports, set up to provide passport forgery crime, not to secretly cross the national boundary (border) environmental crime accomplice, option D error.

The 4 trial of the pregnant women according to law may not apply the death penalty. The provisions of this understanding, which one of the following options is wrong?

A. held during artificial abortion, when pregnant women belonging to the trial

B. custody of spontaneous abortion, when pregnant women belonging to the trial

C. does not apply the death penalty, is not applicable to the immediate execution of death penalty but can be used with

D. does not apply the death penalty, including the death penalty executed immediately, also do not apply reprieve

Answer: C

Analysis: "criminal law" the forty-ninth stipulation: the time when he committed the crime under the age of eighteen and trial of pregnant women, the application of the death penalty. "The Supreme People's court research on how to understand the" pregnant women do not apply the death penalty "trial time call" points out: during the period of custody has been accused of pregnant women, regardless of whether the pregnancy is a breach of the national family planning policy, regardless of whether the natural abortion during or after artificial abortion and post abortion to the prosecution or trial length, still should be performed in our hospital (83) Law No. eighteenth "people's Court on the trial serious criminal cases in the specific application of legal problems in reply" to the third question answer: "to this kind of case, should be in accordance with Article forty-fourth of the criminal law and criminal procedure law 154th these regulations, namely: the 'trial People's court pregnant women, do not apply the death penalty''''. if at the trial court found in detention, trial are already pregnant, still should be in accordance with the provisions of this law, the application of the death penalty." Therefore, the option AB is true. "Criminal law" the forty-eighth stipulation: the death penalty criminals in the most serious offense. Who should be sentenced to death, if immediate execution is not essential, may be announced at the same time with two years reprieve sentenced to death. The death penalty including the immediate execution of death penalty and execution in two ways. Therefore, the option D is true, and the option C error statement. The correct answer is C.

5 armor for killing enemy Lin ambush in the corner, see a dark shadow over, think Lin, then shot. Shadows fell on the ground, a found the dead unexpectedly is his father. After the identification, a bullet did not hit the father, the father suffers from severe heart disease, because after heard yesterday too frightened to death. About a behavior, which of the following statements are true?

A. constitute a crime of intentional homicide crime

B. constitute a crime of intentional homicide attempt

C. constitute a crime of negligence causing death

D. a pair of Lin constitute attempted intentional homicide, the death of his father, constitute negligence, should one felony punishment

Answer: A

Analysis: the object specific facts wrong in error, refers to the behavior of people who mistake a object as B objects to be infringed, and a and B shows the same object object of legal interest, the actor's understanding content and objective fact still belong to the same crime situation. For example, the behavior of people to kill a, B as a night mistakenly killed. According to the statutory compliance with said, the provisions of the criminal law of the crime of intentional homicide is to protect human life, not just to protect specific armor or specific B life, therefore, as long as the subjective want to kill people kill, and objectively, then meet the manslaughter elements, the establishment of the crime of intentional homicide crime C, this option was ruled out. In addition a knowledge of what is the causation in criminal law, namely "the father of B with severe heart disease, because after heard yesterday too frightened to death" the fact whether can be evaluated as a result of shooting behavior. To cause considerable judgment, to specific analysis of three aspects: one is behavior leads to the results of the probability of occurrence of size; two is the abnormal dielectric condition size; three is referred to the effect size. Shooting is a highly dangerous behavior, heart disease as an intervention factor is not abnormal, therefore it shall be responsible for the results of A. This B option was ruled out. Since the object error does not affect a accords with crime of intentional homicide, the causal relation is considerable, they should be responsible for the death of his father, the establishment of the crime of intentional homicide offense, A. Many students think that D is the right option. According to the concrete meet said, because the behavior person to kill a, and objectively has killed B, two did not specifically match, the perpetrator should set up attempted murder of a, B should be established for negligence causing death. But the theory also said that this error is not important, so does not affect the establishment of the crime of intentional crime. So, this object error, the coincidence and that is to say, the same conclusion. Select D candidates not seriously understand the connotation of statutory compliance with said.

6 a park the car in the downstairs, forget to pull the car keys, hurried upstairs take file, happened to pass by the B found. B cars just to put it in gear, a just downstairs, will b captured. About B behavior, which of the following statements are true?

A. constituted the crime of embezzlement crime

B. constitutes a crime attempted

C. constitute the crime of theft crime

D. constitute the crime of theft attempt

Answer: D

Analysis: the first to distinguish between theft and embezzlement crime. The crime of theft refers to the illegal possession for the purpose of secret theft, large amount of public or private property or multiple secret stealing behavior of public and private property. The crime of embezzlement is refers to the illegal possession for the purpose, the others to keep their property, forgotten or buried property illegally for himself, the larger amount, refusing to return behavior. The difference between the two is property belong to share. In this case, a while the car keys left in the vehicle, but the vehicle or by a actual possession, not lost property. So B acts constitute the crime of theft. About the accomplished offense and the attempted problems, the standard of accomplishment of theft, on the implementation of the principle is out of control, as long as the victim lost control of the property is a crime accomplished offense. In this case B have car, and prepare to launch the escape, but can take measures will b captured, visible automobile and not from a control, so it belongs to attempt. So the correct option that is D.

7 Zhang out of revenge motivation will Zhao seriously wounded, found Zhao lost consciousness, temporarily took a Zhao's wallet, $10000 cash in the wallet, Zhang as its own. Qualitative about Zhang act, which of the following statements are true?

A. constitute the crime of robbery

B. constitutes a crime

C. constitute the crime of theft

D. constitutes a crime

Answer: C

Analysis: in this case, Zhang at first only beaten intentionally Zhao intentionally and not take Zhao wallet, Zhang Zhao wounded to lose consciousness not for Zhao's property, does not constitute the crime of robbery, so A is wrong. Robbery refers to the illegal possession for the purpose of, take people unprepared, open to a relatively large amount of public or private property behavior. Apparently, Zhang took Zhao purse behavior does not accord with the definition of the crime of seizing, so B is wrong. The two answer remaining C and D, we need to distinguish between Zhao lost consciousness, who holds the purse. Zhang Zhao unconscious, temporarily take things, wallet or by Zhao possession, so should that constitute the crime of theft. According to the theory of criminal law, the victim unconscious and unaware of the situation, and after the implementation of the crime of intentional homicide behavior, temporarily take away other people's property, the combined punishment for several crimes should take the implementation of the specific crime and the crime of theft before. So C is the correct answer to this question.

8 on the combined punishment for several crimes, which one of the following options is wrong?

A. nail in before the punishment has been completely executed discovered leaks the crime, should be punished in accordance with the "first and then reduced" principle

B. B at before the punishment has been completely executed to commit new crimes, should be punished in accordance with the "first after reduction and" principle

C. C before the punishment has been completely executed to commit new crimes, but found the missing crime, should will drain the crime and the original judgment "before and after the implementation of the crime reduction;" on crime and punishment after before be not completed sentence practice "first after reduction and"

D. "first decreased and then and" in the general case in which the criminal punishment by the "actual than before and after the reduction of light"

Answer: D

Analysis: "criminal law" the sixty-ninth regulation, before the judgment is pronounced a committed several crimes, except sentenced to life imprisonment and death, should be above the maximum total term following, several sentences, as appropriate, decided to be executed, but the regulation of maximum of not more than three years, criminal detention of not more than one year, period the maximum not more than twenty years in prison. If the number of crimes in a supplementary punishment is imposed, the supplementary punishment shall still be executed. The provisions of article seventieth, after the judgment is pronounced, before the punishment has been completely executed criminals were sentenced, found that the judgment is pronounced, other crimes had no judgment, a judgment shall be rendered for the newly discovered crime, the before and after the two verdict sentenced to punishment in accordance with the provisions of this law, article sixty-ninth, decided to carry out the punishment. Has to be executed, shall be calculated in the term decided by the new judgment. The provisions of article seventy-first, after the judgment is pronounced, before the punishment has been completely executed criminals were sentenced, and crime, shall make a judgment on the newly committed crime, the former crime did not execute the penalty and punishment imposed for the latter crime, in accordance with the provisions of law sixty-ninth, decided to carry out the punishment. So AB two is correct. About C is A and B is a comprehensive, can according to Article seventieth of the criminal law and the seventy-first set, so C is correct. "At first and then the result is" and "before and after" results to weight: one is the actual implementation of the beginning sentence increases, the two is the actual implementation of sentence may exceed the provisions of the criminal law for maximum statutory penalty constraints. In this way, "first decreased and the actual execution of the criminal punishment after" may be more than 20 years, and the "before and after the reduction" is in any case can not be more than 20 years, so D is wrong.

9 according to the provisions of the criminal law and the relevant judicial interpretations, which one of the following options with the "death caused by escape" in the crime of traffic accident?

A. after traffic accident scene people afraid of being beaten, fled to the public security organs, the victim died because they were unable to rescue

B. traffic accident cause the victim to die on the spot, but the perpetrators mistakenly think that the victim did not die, escape to evade legal responsibility

C. traffic accident seriously injured after the mistake the victim has died, and escape to evade legal responsibility, causes the victim is not timely rescue and death

D. after the traffic accident, the victim to the shelter, the lack of assistance to death

The answer C

Analysis: "the provisions on several issues of specific application of law in the trial of criminal cases of traffic accidents to explain" the third Supreme People's court, "escape after causing traffic casualties", refers to the act of the first paragraph of this article explained second and second (a) and (five) one of the circumstances prescribed in item, in the event of traffic after the accident, in order to avoid the punishment of the escape behavior. Specified in the first paragraph of article second, traffic accident is under any of the following circumstances, is less than three years imprisonment or criminal detention: (a) the death of one or three wounded, negative or the primary responsibility for all accidents; (two) the death of three people, the same negative accident responsibility; (three) caused by the direct loss the public property or the property of others, negative accident or the primary responsibility, no compensation in the amount of three hundred thousand yuan. The second paragraph second, traffic accident injuries to more than one person, negative accident or the primary responsibility, and has one of the following cases, the crime of traffic: (a) to drink, drugs and driving motor vehicles; (two) without a driving license to drive motor vehicles; (three) knowingly is a safety device failure or malfunction of the motor vehicle safety while driving; (four) that is a motor vehicle without license or discarded while driving; (five) the serious overload driving. The provisions of article fifth, "escape from death", refers to and escape behavior in order to avoid legal action after the traffic accident, the victim died because they were unable to rescue. A in the behavior person does not rescue the victim to death because of fear of being beaten and not the scene of the masses, in order to avoid legal action, so A is wrong. "Criminal law" the 133rd regulation, in violation of the traffic regulations, so the occurrence of major accidents, causing serious injury, death or causes heavy losses to public or private property, is less than three years imprisonment or criminal detention. B situation complies with the provisions of this article, shall be determined by the traffic accident crime. "Provisions on Several Issues concerning the specific application of law in the trial of criminal cases of traffic accident" interpretation of the Supreme People's court act of sixth, in order to avoid legal action after the traffic accident, the victim will be away from the scene of the accident after the hidden or abandoned, the victim can not be salvage death or severe disability, shall be in accordance with the provisions of article 232nd of the criminal law, respectively. The 234Th section second, in order to murder or intentional injury crime. So D is wrong.

10 of the crimes of disrupting market order relevant case judgment, which statement is true?

A. a purchase a brand car running soon, engine failure, after many times of repair has not ruled out. A carts pulled the car show in downtown. Constitute a crime of damaging commodity reputation

B. advertisers B during the filming of a weight-loss drug advertising, to obesity Kwak double shot weight loss in front of the screen, then the movie star slim Liu as a spokesperson to praise the slimming effect. After the identification, the medicine has certain effect of weight reduction. B constitute the crime of false advertising

C. C according to their enterprise development a key technology, but its breach of confidentiality will be paid to the other manufacturers use, profit of 4000000 yuan. C constitute the crime of infringement of business secret

D. a chapter from the real estate development in urgent need of funds, to the high interest rates to Ding borrowing 5000000 yuan, and the return of principal and interest. Ding after savor benefit, many usury, illegal profit millions of yuan. Ding constitute the crime of illegal business operation

Answer: C

Analysis: the damage to the product reputation refers to the crime of fabricating and spreading false fact, harm others commodity reputation, and causes significant losses to others or other serious circumstances of the act. A because the quality of the car itself, repeated repair failed this fact, will pull in trouble display, does not constitute the crime of damaging commodity reputation, so A is correct. The crime of false advertising refers to advertisers, advertising operators, advertisers in violation of state regulations, using false advertising of goods or services, if the circumstances are serious behavior. B that the medicine reducing weight has a certain effect of weight reduction, so B does not constitute the crime of false advertising. "Criminal law" the provisions of article 219th, the infringement of business secret, to the business secret rights caused a serious loss, is less than three years imprisonment or criminal detention, or be fined; if the consequences are especially serious, department for more than three years of less than seven years imprisonment, fined: (a) by stealing, luring, coercion or any other improper means to acquire the business secrets of the right owner; (two) to disclose, use or allow others to use the means of obtaining previous business secrets of the right owner; (three) in violation of the agreement or violation of human rights requirements for keeping commercial secrets, disclosure, use or permit others to use the business secret. The seller knows or should know the acts mentioned in the preceding paragraph, access, use or disclosure of trade secrets of others, to the infringement on commercial secrets. The term trade secrets in this article, is not known to the public, can bring economic benefits to the obligee, technology information and management information and the relevance of human rights to take security measures. Alleged human rights this article, refers to the trade secret owner and the commercial secrets all license commercial secret use. C in C behave in accordance with the "provisions of the criminal law" 219th article third item of the first paragraph, so C acts constitute the crime of infringing trade secrets. The crime of illegal business operation, refers to the unauthorized business franchise, monopoly goods or other items on sale, approved by the seller and the buyer import or export licenses, import and export certificates of origin and other laws, administrative regulations and licensing or files, and other illegal business activities, disrupted the market order, the circumstances are serious behavior. Obviously, the act doesn't constitute the crime of illegal business operation. Therefore D is wrong.

11 concerning the crime of loan fraud judgment, which of the following statements are true?

A. a deception to bank loans, causing great losses to the bank, constitute the crime of fraud of the loan

B. B to profit for the purpose of obtaining bank credit funds, lending to a certain enterprise, earn huge benefit, constitute the crime of fraud of the loan

C. C company for the purpose of illegal possession, fabricating false item bank loan. The company constitutes crime of fraud of the loan

D., the use of false documents, bank loans after absconding with money, constitute the crime of fraud of the loan

Answer: D

Analysis: the crime of loan fraud refers to the illegal for the purpose, make the introduction of capital, project false reasons, using false economic contracts, the use of false documents, using false property right certificates, duplicate guarantee exceeding or by other methods of fraud, the bank or other financial institution loans, a large amount of behavior. A belongs to the loan disputes, does not constitute the crime of fraud of the loan. B Zhongyi act clearly constitute the crime of relending at high interest rate, the so-called usury onlent crime refers to lending in violation of state regulations, for the purpose of profit, taking credit funds from a financial institution and relending others, illegal income amount big behavior. Therefore B is wrong. "National courts in cases of financial crimes seminar" provisions, the unit does not constitute the crime of loan fraud. According to the provisions of article thirtieth of the criminal law and article 193rd, the unit does not constitute the crime of fraud of the loan. So C is wrong. D Ding using false documents for bank lending behavior, so the Ding constitute fraud crime of loan, so D is correct.

12 about rape and related criminal judgment, which of the following statements are true?

A. a to rape a woman was fierce opposition, he stuck the woman's throat, causing his death after the implementation of rape behavior. A behavior constitutes the crime of rape of aggregated consequential offense

B. B to force women to Wang Wang prostitution and rape, to B behavior should be in order to rape and forced prostitution and combined punishment for several crimes

C. C in the organization of people to secretly cross the national boundary (border) exit process, was raped women organized lee. C's behavior while violated organizational people to secretly cross the national boundary (border) environmental crime and the crime of rape, but only to organize people to secretly cross the national boundary (border) exit conviction and sentencing

D. Ding in the process of forcible rape abducting and trafficking in women, the women. Ding behavior although violated the trafficking of women and crime and the crime of rape, but according to the criminal law, only to the conviction and punishment for the crime of abducting and trafficking in women

Answer: D

Analysis: A in a behavior is a rape causing serious injury, death, rape cause the victim serious injury, death, rape victims refers to human organ damage, or cause other serious injuries, and died on the spot or after rescue invalid death. The act of revenge, in the process of rape rape or kill or hurt the victim, shall be convicted of rape, murder and mayhem, a combined punishment for several crimes. So A is wrong. "Criminal law" the 358th regulation, organize the prostitution of others or forcing others into prostitution, five to ten years in prison, and shall also be fined; in any of the following circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property: (four) after the rape forced prostitution; visible B Zhongyi behavior constitutes the crime of forced prostitution of the aggravated consequential offence, and does not constitute the crime of rape. "Criminal law" the 318th regulation, organize people to secretly cross the national boundary (border) environment, two years less than seven years imprisonment, fined;...... Killing, rape, trafficking and other damage, criminal acts to the organization, or has committed the crime of killing, injuring the inspectors shall be punished in accordance with the provisions, the combined punishment for several crimes. So the C item C constitutes the crime of rape and organize people to secretly cross the national boundary (border) environmental crimes. "Criminal law" the 240th regulation, trafficking in women, children, five to ten years in prison, and shall also be fined; in any of the following circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property; if the circumstances are especially serious, the death penalty, also be sentenced to confiscation of property:...... (three) to seduce abducted women; visible trafficking of women during the rape of women, constitute the crime of abducting and trafficking in women and children, the aggregated consequential offense, so D is correct.

13 which of the following circumstances constitute the crime of false accusation?

A. nail in order to get promoted, they fabricated colleagues Cao mistresses and anonymous report, the Cao lost promotion

B. B fabricated "the knowing that Wang is the implementation of terrorist activities and provide funds" to the facts, and report to the public security department

C. C fabricated colleagues Jiamou bribery 100000 yuan of facts, and written 500 leaflets posted in the county seat of the high streets and back lanes

D. Ding anonymous report unit leader Wang corruption relief fund 500000 yuan. After the identification, Wang Mou only corruption relief fund 5000 yuan

Answer: B

Analysis: the crime of false accusation refers to frame others or fabricating facts, attempt to subject others to criminal investigation, if the circumstances are serious behavior. "Criminal law" the provisions of article 243rd, fabricating facts to frame others, attempt to subject others to criminal investigation, if the circumstances are serious, is less than three years imprisonment, criminal detention or control; causing serious consequences, at three to ten years in prison. Workers of state organs who commits the crime, he shall be given a heavier punishment. Not deliberately framed, but wrongly accuse, or unfounded accusation, the provisions of the preceding two paragraphs shall not apply. A in a fabricated facts report Cao is in order to get the promotion, rather than trying to make him subject to criminal investigation. C in propylene fabricated Jiamou bribery facts, and written the leaflets in the county posted behavior, and can not see C to Jia a subject to criminal investigation purpose. The D item, Ding Wang corruption report 500000 yuan, and find out the king a corruption 5000 yuan, Ding Mou behavior belongs to accuse or unfounded accusation, does not constitute the crime of false accusation. The B implementation of the Zhongyi fabricated a terrorist activities Wang funding, and report directly to the public security organs, can see that B is obviously want the subject to criminal investigation, so B is correct.

14 Zhang and Zhao long with gambling. One day, two people of a dispute at the site, Zhang pushed Zhao Mouyi, Zhao fell head touched the stone, cause brain injury, after the rescue invalid death. About the behavior of Zhang, which of the following statements are true?

A. constitute the crime of intentional homicide

B. constitutes a crime of negligence causing death

C. constitutes the crime of intentional injury

D. belongs to the accident

Answer: B

Analysis: an accident has three characteristics: one is the behavior caused damage results in the objective. The behavior is one of the causes of damage results; if there is a result of damage, but not the behavior caused, but caused by natural phenomena, such as animal, it can not be called an accident. Two is the behavior of people have no intention and negligence. The subjective of their behavior and the damage caused by the results, there is neither intentional mental, not negligent attitude. The three reason is the unforeseen damage caused by. The actor did not foresee own behavior may cause damage results and according to the time of all aspects of the situation, he could not foresee, should not be foresee. Zhang and Zhao at the site of a dispute, site belongs to high risk places, behavior person to circumspect here, Zhang Zhao one down, resulting in Zhao Moutou stone dead, Zhang did not kill or hurt Zhao intentionally, is failed to fulfill their obligation of attention, negligence negligence. Before that constitute accidents need an actor has no intention and negligence, so this case does not belong to the accident should constitute the crime of negligence causing death. So B is the right option.

15 a pass by a bicycle repair shop, see a brand of electric bicycle (value 10000 yuan) stopped in front of the door, to take forcible possession of. A view on store shelves no bicycle lock pretend to buy, urged the owner to 50 meters outside the warehouse to take the goods. The shopkeeper before walking to a: "I'm going to get a lock, you watch the shop for me." The shopkeeper after departure, a ride electric bicycle. A behavior constitute what crime?

A. fraud

B. theft

C. embezzlement

D. embezzlement

Answer: B

Analytic: fraud refers to the illegal possession for the purpose, with the method of fictitious facts or conceal the truth, for the larger public and private property act. Characteristics of the crime of fraud is the behavior person to fraud deceived into or maintain the wrong understanding, based on the wrong understanding of the disposition of the property in the cheated person, behavior person has or so that the third acquisition of property, the victim suffers the loss of property. The conduct of a fictional facts so that the owner does not exist in the wrong understanding and dispose of the property, therefore does not constitute a crime of fraud. Theft is the illegal possession for the purpose of secret theft, large amount of public or private property or multiple secret stealing behavior of public and private property. Essentials of theft of the secret to achieve, a lied to buy is to hold the lock, and then ride the bike. He bought a "lie" despite the fall into the wrong understanding, but the owner is not the wrong understanding of the car to a punishment behavior based on. A car is made to obtain the secret in the unwitting, therefore a act of theft. The crime of embezzlement is refers to the illegal possession for the purpose, the others to keep their property, forgotten or buried property illegally for himself, the larger amount, refusing to return behavior. In this case though and shopkeepers let a minding the store, but did not give a shop "custody", also not be stopped at the door of the bicycle to a custody, so a rode bicycle behavior does not constitute the crime of embezzlement. The crime of duty encroachment refers to a company, enterprise or other unit who, by taking advantage of his office, the unit's property for himself, a larger amount of behavior. According to the definition of the crime of duty encroachment, obviously can see a behavior does not constitute embezzlement. To sum up, the correct options for B.

16 Chen Wang claimed to buy 80 grams of heroin, Wang Mou will purchase from the field of 80 grams of heroin. At the agreed place of delivery, Chen took simulation pistol threat from Wang, Wang seized 80 grams of heroin. After half a year, because buyers do not find, Chen has been held 80 grams of heroin. After half a year, Chen will be 80 grams of heroin addiction to the great friend Liu, Liu died of a heroin overdose. About the case, which one of the following options is wrong?

Although A. Wang Chen is robbing the victim, but still set up the crime of drug trafficking

B. Chen held a simulation pistol made drugs constitute acts of robbery, but does not belong to armed robbery

C. Chen robbery drug after holding the behavior of drug absorption, was robbery, not another set up the crime of illegal possession of drugs

D. will remain a drug to Liu the overdose and death behavior, set up the crime of negligence causing death

Answer: D

Analytic: Chen from Wang somewhere robbery heroin is Wang purchase from the field, the crime of drug trafficking is known to be drug trafficking. Wang Chen Chen from somewhere that want to heroin, but Wang is also to the field to buy, and sell the house, although Wang and Chen's heroin trade is not two people money and goods are square ended, but Chen Wang his heroin. In the end, but does not affect the determination of the king a form of the crime of drug trafficking. So the A view is correct, should not. Chen held a simulation pistol robbed Wang's behavior does not belong to armed robbery. According to "several issues about the specific application of law in the trial of cases of robbery" interpretation of the provisions of article fifth, article 263rd of the criminal law article (seven) provision of "armed robbery", refers to the act of using guns or revealed to the victim to hold, wear the guns of marauding behavior. As for what the "gun" shall refer to the "Regulations" gun control law of the people's Republic of China in forty-sixth, called the gun "as mentioned in this law, refers to the gunpowder or compressed gas as power, with a barrel for emission metal bullets or other substances, all kinds of guns to cause person casualties or loss of consciousness. Visible simulation gun does not have the above characteristics, so it is not armed robbery in guns, so his behavior does not belong to armed robbery. So the B view is correct, should not. Characteristics of absorbable offense is: the behavior must implement several are in accord with the constitutive elements of the crime of dangerous act; a plurality of crime perpetrators, must the independence and non independence of the unity of opposites characteristics based on each other, and form a relationship between absorption; several crimes act implementation must violations of the same or similar object, and pointing to a specific crime object the same; the behavior must a criminal intention based on, in order to achieve a specific criminal purpose and the implementation of a number of crimes. In the case of robbery, Chen Wang acts constitute the crime of illegal possession of drugs and robbery, in line with the characteristics of absorbable offense, so a felony absorption qingzui, only robbery, but not the crime of illegal possession of drugs. So the C view is correct, should not. The crime of negligence causing death is due to negligence causing death behavior. Constitutes a crime of negligence causing death the perpetrator objective must have practical consequences caused by the death of another person, the behavior must implement the death caused by negligence behavior. In this case, Chen just heroin to addicts Liu, not urgent, the direct cause of Liu of danger, so Chen does not constitute the crime of negligence causing death. So the D is wrong, to be elected.

17 concerning the infringement property crime and related crimes, which of the following statements are true?

A. a using counterfeit into an electronics store to buy a mobile phone, a behavior constitutes fraud

B. B by Wang Mou value 50000 yuan watch to 10 km outside the Zhu, B in the way let Xu bound myself, forged a robbery scene, will take forcible possession of the table. The report to the police that he was robbed, B. B's behavior constituted the crime of Embezzlement

C. C fake ministries nominal, advertising, send the materials to the organization of a forum name, ask participants each mail registration fee 10000 yuan. C collection 500000 yuan fled after. C acts constitute the crime of false advertising

D. Ding for their children, buy a fake a brand of motorcycle to the director of education he mou. Ding's act constitutes a crime of fraud

Answer: B

Analysis: A, a counterfeit money went to the mall to buy a mobile phone behavior, is that is counterfeit deliberately holding or using a large amount of, behavior, constitute the crime of using counterfeit money, not fraud, so A is wrong. The crime of embezzlement is refers to the illegal possession for the purpose, the others to keep their property, forgotten or buried property illegally for himself, the larger amount, refusing to return behavior. B Wang value 50000 yuan watch support B to Zhu, in Wang Mou will watch over to the B to B will watch to Zhu somewhere between B are in custody, Wang watch. The B design a robbery scene, will take forcible possession of, and in a report after the king still said he was robbed. The behavior of ethylene with the composition of embezzlement, constitute the crime of embezzlement, so B is correct. The crime of false advertising refers to advertisers, advertising operators, advertisers in violation of state regulations, using false advertising of goods or services, if the circumstances are serious behavior. If you want to constitute the crime of false advertising, is the subject of advertisers, advertising operators and publishers, C in C as is the name of ministries, not the advertisers, advertising operators or advertisers. So C does not constitute the crime of false advertising. His behavior is the nominal as ministries, the fictional organization forum, fees for the participants, so C acts constitute a crime of fraud. So C is wrong. Fraud refers to the illegal possession for the purpose, with the method of fictitious facts or conceal the truth, for the larger public and private property act. D in Ding to their children's problems, to the director of education where a bribe. The so-called bribery crime refers to the act of giving the functionaries of the state property in order to seek illegitimate interests and behavior. Although Ding to send any motorcycle is set up fake brand-name motorcycle, but does not affect the ding of the crime of bribery. Fraud is a violation of property crime victims, need to dispose of their own property based on the wrong understanding, apparently he did not dispose of his own property, so the Ding constitutes bribery. So D is wrong.

18 on the use of computer network crime, which of the following statements are true?

A. through the Internet will be state secrets illegally sent to overseas institutions, organizations, individuals, set up deliberately leaking state secrets

B. for the purpose of profit, establish gambling sites in a computer network, or gambling sites served as acting, accept betting, gambling and belongs to the criminal law 303rd stipulation ""

C. for the purpose of profit, using the pornographic electronic information of the spread of the Internet, the establishment of the crime of spreading obscene objects

D. many people deliberately fictional on Internet, the propagation of explosive, biochemical, radiological threat, false terrorist information, seriously disrupting social order, the establishment of the crime of disturbing social order

Answer: B

Analysis: "two high" released "about handling gambling criminal case concrete application law interpretation of several issues" the provisions of article second, for the purpose of profit, establish gambling sites in a computer network, or gambling sites served as acting, accept betting, gambling and belongs to the criminal law 303rd stipulation "". So B is the right option b.. "Criminal law" the provisions of article 287th, using the computer for financial fraud, theft, corruption, embezzlement, theft of state secrets or other crimes, be convicted and punished in accordance with the relevant provisions of this law. "Criminal law" the 111st stipulation: for overseas institutions, organizations, persons who steal, spy on, buying, illegally providing state secrets or intelligence, department for more than five years of imprisonment less than ten years; if the circumstances are especially serious, department for more than ten years in prison or life imprisonment; if the circumstances are relatively minor, at less than five years imprisonment, criminal detention, control or deprivation of political rights. Therefore, the option A behavior for an overseas institution illegally providing state secrets. "Criminal law" the 363rd stipulation: for the purpose of making profits, disseminating pornographic, obscene articles for profit crime. "The C option to profit for the purpose of" spreading obscene articles, shall constitute the crime of profit, rather than the crime of spreading obscene objects. "Criminal law" the 363rd stipulation: for the purpose of making profits, disseminating pornographic, obscene articles for profit crime constitution, and should not set up the crime of spreading obscene objects. "Criminal law" one of 291st, putting in fake explosive, toxic, radioactive, infectious disease pathogens or other substances, or fabricate explosive threats, biochemical, radiological threat terrorist threat information, or knowingly fictional horrible information and deliberately spread, seriously disrupting social order, and five years in prison, criminal detention or control; if the consequences are serious, department for more than five years in prison. So the D item in the behavior should constitute fabrication, deliberate dissemination of false terrorist information, not to disturb the social order of sin.

19 unemployed armor by forging official documents, deputy director of the Bureau of industry and Commerce for a position. In this bureau class cadre competition mount guard, a cadre of B to said: "if you do not give me 20000 yuan, you have absolutely no chance." B for the job, but to send a 20000 yuan. About the handling opinions on a behavior, which of the following statements are true?

With implicated relationship between A. a breach of forgery of official documents crime and crime of try every trick to mislead the public, should be a felony punishable

Implementation of a concurrent B. behavior to forge official crime and the crime of blackmail and impose exactions on

Implementation of a concurrent C. behavior to forge official crime and bribery crime

With implicated relationship between D. a breach of forgery of official documents and crime of accepting bribes from a felony, punishable

Answer: C

Analysis: "criminal law" the provisions of article 280th, forged, altered, theft, robbery, sale or destruction documents, certificates, seals of state organs, is less than three years imprisonment, criminal detention, control or deprivation of political rights; if the circumstances are serious, three to ten years in prison. "Criminal law" the 279th regulation, posing as workers of state organs who try every trick to mislead the public, is less than three years imprisonment, criminal detention, control or deprivation of political rights; if the circumstances are serious, three to ten years in prison. Posing as police try every trick to mislead the public, in accordance with the provisions of the preceding paragraph shall be given a heavier punishment. In this case, a forging official documents, constitute the forgery of official documents of sin, but he did not as state organ personnel to try every trick to mislead the public, so does not constitute the crime of try every trick to mislead the public, so A is wrong. In addition the B item, blackmail and impose exactions on crime refers to the illegal possession for the purpose, method of implementing a danger or threat to the victim, strong cable public and private property, large amount of behavior. The crime of accepting bribes in C refers to that the state personnel taking advantage of his position, extorts money or property, or illegally accepts the properties of others, to seek benefits for others. In this case, because the nail in the implementation of the threat of a time, have the status of national staff, so their behavior constituted the crime of accepting bribes, not blackmail and impose exactions on crime. The C is correct, B is wrong. The implicated relation refers to a crime means behavior or behavior results, and objective behavior or behavior are different crimes situation, which can be divided into means behavior and purpose in criminal acts, such as the means behavior and purpose behavior violates different charges, and was implicated offense; can be divided into the reason behavior and result behavior in the crime, if the reason behavior and result behavior violates different charges, was also implicated offense, two a behavior in this case is respectively before and after the implementation, they are not for the same crime purpose, nor are implicated, so D is wrong. The correct answer is C.

20 which of the following behavior can constitute a crime be forgetful of one's duties?

A. after the accident, have report responsibility personnel not reported or false, delay the accident rescue, the circumstances are serious

B. State-Owned Company seriously irresponsible staff, resulting in the bankruptcy of State-Owned Company, thus causing heavy losses to the interests of the state

C. responsible for the supervision and management of environmental protection of the state organs work seriously irresponsible, causes a serious environmental pollution accident, the serious consequences caused human casualties

State organ personnel D. have management responsibility that illegally engaged in natural gas exploitation, processing and other illegal activity and not attachment, ban, the interests of the country and the people suffer a great loss

Answer: D

Analysis: the so-called be forgetful of one's duties crime refers to that the state personnel seriously irresponsible, does not perform or not perform their duties properly, cause public property, the interests of the state and the people suffered a major loss behavior. "Criminal law" the 397th regulation, the staff in state organ or breach of privilege be forgetful of one's duties, cause public property, the interests of the state and the people suffered a major loss, is less than three years imprisonment or criminal detention; if the circumstances are especially serious, three to seven years in prison. The provisions of this act, in accordance with the provisions. Workers of state organs who play favouritism and commit irregularities, the crime mentioned in the preceding paragraph, is less than five years imprisonment or criminal detention; if the circumstances are especially serious, department for more than five years to ten years in prison. The provisions of this act, in accordance with the provisions. A does not report, false security accident crime, because "provisions of the criminal law" one of 139th, after the accident, have report responsibility personnel do not report or make a false report of the accident, bungling the accident rescue, the circumstances are serious, is less than three years imprisonment or criminal detention; the circumstances are especially serious, three years more than seven years in prison. B constitute the crime of dereliction of duty and institutions, State-Owned Company, enterprise, because the "criminal law" the provisions of article 168th, State-Owned Company, enterprise staff, because of serious irresponsibility or breach of privilege, resulting in State-Owned Company, enterprise bankruptcy or serious losses, resulting in heavy losses to the interests of the state, is less than three years imprisonment or criminal detention; causing especially heavy losses to the interests of the state, three to seven years in prison. The state-owned institutions of staff with the conduct, resulting in serious losses to state interests, shall be punished in accordance with the provisions of the preceding paragraph. State-Owned Company, enterprise, institution staff, play favouritism and commit irregularities, commits the crime in the preceding two paragraphs, shall be given a heavier punishment in accordance with the provisions of the first paragraph. C environmental supervision and dereliction of duty crime, because the "criminal law" the 408th regulation, the staff in state organ responsible for supervision and management of environmental protection seriously irresponsible, causes a serious environmental pollution accident, resulting in serious losses or serious consequences caused personal injury to public and private property, is less than three years imprisonment or criminal detention. So what the correct answer is D.