2013Special training in criminal law90Questions

 

Tips: the lecture notes in my lecture on criminal law "criminal law" "168"Problem based

 

Liu Fengke

 

A, single choice. Each problem set options which has only one correct answer, multiple-choice, wrong or not the election did not score. This section contains1 50Questions, each question1Points, a total of50Divided.

1 of our article 133rd of the criminal law of the provisions of the first paragraph: "drive a motorized vehicle on the road racing, if the case is serious, or in the way of drunken driving motor, detention, and shall also be fined." second paragraph: "the acts mentioned in the preceding paragraph, which also constitutes another crime, in accordance with the heavier punishment shall be convicted." According to the above provisions, which one of the following options is wrong?

A. based driving behavior in administrative law adjustment dangerous, criminal law to its provisions for criminal behavior, embodies the criminal supplementary law and security law of nature, can achieve the purpose of protecting the interests of the people

B. will act as crime of dangerous driving behavior, contribute to the evaluation of the behavior and choice, and guide the national behavior, in order to achieve general preventive function

C. to commit the crime of dangerous driving crime, if sentenced to probation, be barred from the transport industry activities in a certain period of time, which reflects the special crime prevention requirements

D. dangerous driving behavior also constitutes another crime, the establishment of the crime of dangerous driving, but should apply the criminal penalty, which embodies the principle of suiting punishment to crime of spirit

 

2 the principle of legality of the "law" includes enacted by the Standing Committee of the National People's Congress of the criminal law amendment, but does not include the legislative interpretation

②Part of the provisions of criminal law on crime description needs to be added according to other laws, this legislation is not in conformity with the requirements of the principle of legality

By expanding the interpretation conclusion not beyond the words of criminal law may have the meanings, and the analogy to explain the conclusions may have meaning beyond words

The literal interpretation conclusion is reasonable, there is no need to take a logical explanation; arts and explain the conclusions unreasonable or produce a variety of conclusions, there must be a logical explanation

The four sentence is wrong, which of the following statements are true?

A. first the sentence correctly, the second the sentence error  

B. first the sentence correctly, the second sentence error

C. Article II. The sentence correctly, the first sentence error

D. first in the sentence correctly, the error

 

3. B is illegal car killed, paint the car left the scene, witnesses remember vehicle license plate. The police found the owner a, the owner a has given the car is painted in other colors, erased's car, repair the traces on the car. A refused to acknowledge that he was driving the car, did not say who drove the car. But the police to determine whether the car is killed Lee illegal car. About a behavior, which of the following statements is true?

AThe establishment of the crime of causing traffic casualties. A, a destroy your evidence of a crime is not the penalty after behavior

BThe establishment of helping to destroy evidence. A crime, because whoever the perpetrators, a implementation of all the help of destruction of evidence act

CA refuses to explain who drive the car up the harbor crime illegal behavior

DThe establishment of a traffic accident crime and the crime of shielding, the combined punishment for several crimes

 

4．ACitizens inBThe hijack the country's civil aviation flight toCCountry, butCThe police failed to catch a. But in China, was arrested. Later found, a hijacked the aircraft, also shot and killed in the air marshals and crew of two people. About the case, which of the following statements is true?

A. our country has the jurisdiction over the case, the right application of the principle of universal jurisdiction

BThe establishment of a hijacking crime and the crime of intentional homicide, the combined punishment for several crimes

CFor a conviction and sentencing is the basis of Chinese criminal law and international convention

DIf a hijacking is state aircraft, China still has jurisdiction

 

5The provisions of national autonomous areas may by the autonomous region or province of the people's Congress formulate adaptive or supplementary, submitted to the____Approval and Implementation

② sentenced to death with a suspension of execution, the execution period, if the intentional crime, verified, by____Approval, execution

The parole conditions of crime, even though the actual execution time does not meet the minimum requirements, but if there are special circumstances, the____Approval, can not be the lowest execution restrictions relating to the term

The maximum statutory penalty is life imprisonment or death, after that must be prosecuted after twenty years, the matter shall be submitted to the____Approval

In the above statements in the space, should fill in the order:

AThe Standing Committee of the National People's Congress-The higher people's court-Supreme People's court-The Supreme People's Procuratorate

BThe Standing Committee of the National People's Congress-Supreme People's court-Supreme People's court-The Supreme People's Procuratorate

CThe Standing Committee of the National People's Congress-Supreme People's court-The Supreme People's Procuratorate-Supreme People's court

DAt the National People's Congress-Supreme People's court-The Supreme People's Procuratorate-The Standing Committee of the National People's Congress

 

6 "criminal law" the 237th paragraph 1: "by the violence, coercion or any other method of coercive indecency or insults a woman, is less than five years imprisonment or criminal detention." The second paragraph: "the crime mentioned in the preceding paragraph made in public or in the public place, office for more than five years in prison." about a understanding, which one of the following options is wrong

A. "violence, coercion or other means to" belong to the objective elements

B. "women" belongs to the account of the elements

C. "obscene", "insult" belongs to the normative elements

"The D. or in public places and public crime mentioned in the preceding paragraph" belongs to the statutory aggravating circumstances

 

7．A negligent act causes Wang injured, then Wang picked her up the car, going to a hospital rescue. At this time, watch the man tried to dissuade a, instigated a give up rescue, eventually lead to Wang bleed to death. About the case, which of the following statements is true?

A．A is not established as a way of intentional homicide (completed), the establishment of crime of harboring B, a and B, not the accomplice

BA causal relationship between a negligence. Between Wang injured behavior and Wang's death

CA, B is not established as a way of intentional homicide (accomplished) accomplice

DA set up the crime of negligence causing death, B establishment of harboring the crime and the crime of negligence causing death of the imaginative joinder of offenses

 

8．Which of the following statements is true?

A. fabricating facts to slander leaders, serious harm to the social order and the interests of the state, shall be handled only crime

B. abuse family members, causing the victims injured, the establishment of crime of abuse and crime of intentional injury (injured), the combined punishment for several crimes

C. abandoned dependents, lethal dependents of death, the establishment of the abandonment crime and the crime of negligence causing death of the imaginative joinder of offenses

DTo handle the case,If the victim of coercion, intimidation and cannot tell, the people's Procuratorate may appeal

 

9At about causation, which of the following statements are true?

A．A, B and C were no conspiracy to shoot, do not hit the vital part C, although the two wounds and bleeding C death, but between the behavior and C A, B's death doesn't exist causal relationship

BA drunk driving will b into seriously wounded after the escape, B was taken to hospital after rescue invalid death. After that, even if a B immediately rushed to the hospital could not save his life. There is no causal relationship between behavior and B a no bailout of death

C. after a hostage, the police in the rescue process took hostages as criminals are killed, the causal link between the kidnapping and hostage a death results

DA for property and sneak into the Li Mou, Li Mou will be the bedroom door locked. In the process of a transport property, Lee has not wake up. A causal relationship between the Li Mousuo room behavior and acquire property

 

10Crime of affray. The only punishment ringleaders and other active participants, so the ringleader and active participant belongs to the crime of affray identity

② with severe disease belong to the spread of sexually transmitted diseases in the crime of identity, but are not mandatory obscene, insulting women sin crime identity

The subject of bribery crime must be a national staff, but the relatives of state functionary and non national staff, can become the bribery abettor or help offender

The establishment of the crime of stealing firearms required behavior person has the purpose of illegal possession, therefore has the purpose of illegal possession of firearms in the crime of identity theft

The four sentence, which of the following statements are true?

A．第IISentence correctly, the③ theSentence error

B．第① theSentence correctly, the② theSentence error

C．第② theSentence correctly, the① theSentence error

D．第② ③Sentence correctly, the① theSentence error

 

11At about unit crime, which of the following statements is true?

A.A false registered capital of the establishment of import and export company, mainly engaged in legitimate business, after the company shareholders collective discussion, on behalf of the company car smuggling, sharing the interests. A set of smuggling ordinary goods, goods crime

B.B court collective research decision to accept bribes, and favoritism, felony qingpan court, B units of bribery and the crime, felony punishment

C. C units in the name of the unit organizing people to secretly cross the national boundary (border) environment, although the criminal law doesn't stipulate the unit to constitute the organization people to secretly cross the national boundary (border) environmental crime, but it should be to organize people to secretly cross the national boundary (border) exit shall be investigated for criminal responsibility related natural persons

D. branches Ding unit crime in the name of the branch, the illegal income to all of the branch, the branch is not available for enforcement of fine property, so only in accordance with the personal crime

 

12 According to the theory of criminal law,____Refers to the objective stopped being infringed, but no intention of defense situation subjectively

According to the theory of criminal law, "defense" behavior has ended or has not yet started in illegal violations, called____

According to the provisions of the criminal law,"____Exceeds the limits of necessity and causes serious damage, he shall bear criminal responsibility, but should be reduced or exempted from punishment"

According to the provisions of the criminal law, "the ongoing assault, murder, robbery, rape, kidnapping and other serious violent crimes endangering personal safety, take____, against illegal caused casualties, it is not undue defence, and he shall not bear criminal responsibility"

The blanks should fill in the order:

A. accidental defense: the defense is not timely, legitimate defense - defense behavior

BProvocation defense: the defense is not timely. - act of defense - defense behavior

C. accidental defense - defense, justifiable defense - defense behavior

D. accidental defense - defense and excessive defense, justifiable defense

 

13A B to kill, picked up a stone and threw behind B in the process of escape, the B hit seriously, at the same time, just from here through C on injuries. About the case, which of the following statement is wrong?

AA B was established by act of justifiable defense, not to set up crime

BA C crushing behavior. Establishment of imaginary defense, the establishment of negligence mayhem

CThe same behavior. A definition is justifiable defence is imaginary defense is not a contradiction

DA behavior belonging to the concurrence of self-defense and defense, only identified as justifiable defense

 

14At the cognitive factor in the criminal intention required people recognize that constitutes a crime of all objective facts

The establishment of any crime, require the subjective intent or negligence of crime psychology

Unable to determine the behavior of the people is the intentional or negligent of deaths caused by the behavior, not bear criminal responsibility

The objective illegal facts are the same, if negligence crime, the intentional crime must also

On the above4Sentence judgment, which of the following statements are true?

AArticle II. Sentence correctly, the sentence error

BArticle 2. The sentence correctly, first the sentence error

CArticle 2. The sentence correctly, the first sentence error

DArticle II. The sentence correctly, the third sentence error

 

15On criminal intent, which of the following statements are true?

A．甲The intention of stealing firearms, actually stealing ammunition. Because a only stealing guns intentionally, so a set of stealing firearms crimes (attempted), but the fault of stealing ammunition behavior was not a crime

B．甲Thought the coma Otome dead and the implementation of rape behavior. A not on the subjective guilty of intentional crime of rape, so it does not constitute the crime of rape; in fact the case does not have a body, so will not constitute the crime of insulting corpse

CIn order to smoking. A deliberately struck a match, but the carelessness that caused the fire. A match "intentionally" is not the criminal law on the crime intentionally, so a not intentional crime

DA knowing that their young girl out of the river, but that he did not help but no bailout, the woman drowned. A do not realize that they are as relief obligations, no criminal intent, it was not intentional homicide

 

16A (male), B (female) planned to sell as Ding, and some good money to escape. A find acquaintances C, and tell yourself for abducting women C B, C to our requirements will sell ding. C for gospel truth, contact stung treng, to10Million yuan will be B to d. That night, a money fled together with B. About the case, which one of the following options is wrong?

AA, B was an accomplice in the crime of fraud, which belongs to the indirect principal offender

BA, B, C was established. The crime of abducting and trafficking in women (attempted) accomplice

C. C neither established nor the establishment of the crime of abducting and trafficking in women, the crime of fraud

DDing's behavior belongs to non criminal impossibility, was not buying abducted women sin

 

17By the judicial authority., minors a implemented the following behavior:

114Birthday that day to harm others, three days after the victim's wounds and died

②14Birthday that day in the others put poison wine, and the wine in the wine. The next day, a see the victim when drinking did not make any representation, the virus had died

③15Birthday that dayKidnapping Lee, the use of violence resulting in the death of Lee, but the evidence suggests that neither, a homicidal intentionally, no intent to injury

④16Birthday that day and (b15Zhou Sui) agreed the next day morning4A burglary at. A stolen300Yuan, B stolen5000Yuan, two people and then on the spoils

About the behavior of armour, which of the following statement is wrong?

A. behavior does not constitute a crime in a

B. behavior in a negative act of murder

The C. behavior in a neither established the crime of intentional homicide, nor the establishment of the crime of intentional injury

D. behavior in a set of theft (completed), the amount of 5300 yuan

 

18. A and B are neighbors, one day a pry the door into the room B B. After beating B to B for money. B opens the drawer5Element to a, said: "I am here only so much." A great anger, will5Yuan back to B, and said: "it seems that you need this more than I5Yuan." About a behavior, which of the following statements is true?

AThe establishment of robbery crime termination

BThe establishment of uncommitted robbery

CThe establishment of robbery

DNo crime

 

19A (male,20Zhou Sui (male), b,15Zhou Sui, C (male),13Zhou Sui) three female rape ding. After the B, C two implementation of the rape behavior, a think Ding women are poor, and give up the implementation of rape behavior, and Ding girl sent home. About the case, which one of the following options is wrong?

AA, B two people which constitute the crime of rape, but C discontent14Years old, so it does not constitute the crime of rape

BA, B, C three constitutes the crime of rape accomplice, indirect principal offender a, B does not constitute the crime of rape

CA, B two people set up the crime of rape crime, belong to "the aggravation situation more than two gang rape."

DA the initiative to give up the rape behavior, to withdraw from the complicity of rape, establishment of suspension

 

20. about the joint crime, which of the following statements are true?

AA knowing B violence forced labor of others, for the recruiting, transporting personnel. A and B, constitute the crime of forced labor, should be to help make it a

BA that B is guilty of theft, forgery, but for the destruction of relevant evidence of a crime. A and B, joint crime, but a form to help destroy or falsify evidence, crime of theft, B

CA way to suborn perjury indicating witness B, B therefore perjury. A and B, constitute perjury accomplice instigator, a, B belongs to the crime

DA man knows as is the spouse of an active serviceman and get married, a set up the crime of destruction of military marriage, B tenable bigamy, a and B, established accomplices

 

21A separate burglary (accomplished) are found, in order to resist arrest, to the C abdominal kick, trying to catch a C. After the scene B accepts requests assistance armor and know the truth, but also to C abdominal kick, C for splenic rupture bleeding to death, but can not find out who behavior led to the rupture of the spleen. About the case, which one of the following options is wrong?

AA, B two people the accomplice in the crime of intentional injury,A B constitute the crime of robbery, the crime of intentional injury

BAt the causal relationship between behavior and C a death, belonging to the robbery causing death of aggregated consequential offense

CA, B was an accomplice in the crime of robbery, but B belongs to the successive accomplice, the C's death does not bear criminal responsibility

DIf it can be shown that B. C death cause, a, B two of the C's death should bear criminal responsibility

 

22. which of the following situation should not be combined punishment for several crimes?

A. pay tax, according to false export by way of the export tax rebates, tax exceeds the cheat duty paid a huge amount of

BOf falsely making out special invoices for value-added tax, tax evasion and tax amount is especially huge

CSmuggling obscene materials. In the process, using violence, threats to resist the anti smuggling

DFor a bank robbery and theft. The guns, and then use the stolen guns to rob the bank

 

23On the prevention of crime prevention. The special relationship between the two kinds of means and general prevention, which of the following statement is wrong?

AIn the criminal legislation should focus on the general prevention, in the execution of punishment should be focused on the special prevention, in the criminal trial should be both

BThe personal danger crime more should focus special prevention of recidivism, less likely offenders should focus on the general prevention

CFor special, rare crime punishment should focus on the special prevention, the common, multiple crime punishment should focus on the general prevention

DIn the social security situation is stable, low crime rate period should focus on prevention, in public security criminal deterioration, high crime rates period should focus special prevention

 

24A (born1936Years4Month5Day) to B (female, born in1993Years4Month4In Japanese)2010Years4Month6Japanese poison victims C. The next year, on2011Years5Month6To enter the stage of investigation, while in custody b natural abortion. Due to lack of evidence, a and B, two people have been released, but after half an yearThe discovery of new evidence, the prosecution of a, B.About the case, which of the following statements is true?

A. according to the doctrine, criminal law amendment applies to a "no" (eight) prescribes the death penalty does not apply in

B. both can be given a lighter or mitigated punishment plot, also have a heavier punishment, but could not apply the death penalty

CAlthough no pregnancy during the prosecution, but B is also not sentenced to death, and shall be given a lighter or mitigated punishment

DIf sentenced to a and B, three years, and in line with the conditions of probation, a and B, should be placed on probation

 

25Article two hundred and sixty-four of the criminal law:"Theft of public or private property, the larger amount, or multiple theft, burglary, larceny, theft of carrying weapon, is less than three years imprisonment, criminal detention or control, or be fined; if the amount involved is huge or other serious circumstances, three years or ten years in prison, fined; 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, and concurrently be sentenced to a fine or confiscation of property." According to the article, which of the following statements is true?

AFor carrying weapons theft, if shall be given a lighter punishment, can only be sentenced to control, but can not be sentenced to a fine

BForBurglaryIf only, shall be given a heavier punishment, sentenced to three years in prison, and it must be sentenced to a fine

CTo steal others property. If the amount is especially huge, be given a mitigated punishment, was sentenced to two years in prison

D. "condition does not belong to the crime of stealing other serious circumstances", but belongs to the punishment to be upgraded conditions

 

26. on the surrender, which one of the following options are correct?

AAfter a bribery investigation. During the conversation, the discipline inspection and supervision organs, truthful account of the discipline inspection departments have already mastered the bribery of clues, a voluntary surrender

B．B commits the larceny is a guarantor pending trial, escape to the field after the robbery, then surrendered to the judicial organ, the confession of robbery in the establishment of surrender, surrender of robbery, theft is established

C．C murder after police found suspicious appearance and movements, watermelon knife with blood in the car, to be questioned, C take account of his crime, the establishment of surrender

   DDingAfter the crime actively report, although did not show that he is the criminal, but not to flee the scene, in the judicial inquiry confesses his crimes, the establishment of surrender

 

27The combined punishment for several crimes. A, which one of the following options with "criminal law" provisions?

A. Zhang made a, B was sentenced to respectively13Years,10Years in prison, punishment decision18Years in prison. In the implementation of4Years later, Zhang made C sin, sentenced to15Years in prison. The court in18Years or above20The decision shall be sentenced to19Years in prison, has to be executed, not counted within the term decided by the new judgment

B. Wang was sentenced to make a14Years in prison. In the implementation of5Years later, Zhang before the judgment is pronounced, also make the crime, crime of B C, were sentenced to13Years,15Years in prison. The court in15Years or above25Years of the following decisions shall be carried out20Years in prison, has to be executed, the calculation within the term decided by the new judgment

CZhao has a legitimate cash20Million and a set of housing (value80Million yuan). Because of the sins committed three were sentenced to fines5Million yuan,15Million and the confiscation of all the property. The court should be the first to confiscate all property100Million yuan in cash, because there is no available for the implementation of the property penalty, penalty20Million is not performed

D. Lee made a, B, C three sin, sentenced to an additional penalty of deprivation of political rights3Years,4Years,5Years, fine4Million yuan,5Million yuan,6Million yuan. Combined punishment for several crimes should be5Years or above12Following year sentenced to deprivation of political rights, in6Million yuan15Million yuan shall be sentenced to a fine

 

28．On probation and parole, which of the following statements are true?

AThe ringleader of recidivism., crime and serious crime of endangering national security, no probation

B．Being criminal probation, during the probation period, comply with all relevant regulations, not to commit new crimes, also found no other crime had not decided, upon expiration of the probation period, the original penalty shall not be executed 

CWas sentenced to life imprisonment, execution13Years later, parole conditions, can the probation period for parole13Years

D．The criminals are on parole, crime and during the probation period, apply "first decreased and the principle of" punishment, suspended, also may be granted parole

 

29. which of the following statements is true?

AA Lee loan does not want to return, they have premeditated kill lee. A "tetramine" to put somebody in rice. Lee drink rice poisoning death. A set of intentional homicide and crime of throwing dangerous substance, which belongs to the imaginative joinder of offenses

B. B (a shooting coach) configuration gun accidentally lost, B to escape responsibility does not report, then pick up guns Zhang armed robbery. B the establishment of crime of losing firearms without report

C. C in violation of state regulations, discharge of toxic substances containing pathogen of infectious diseases into rivers, seriously polluting the environment, endanger public safety. C the establishment of environmental pollution crime and the crime of throwing dangerous substance, which belongs to the imaginative joinder of offenses

DDing to steal money, while Zhang was asleep take the parcel, came home to find the bag only pistol bullets20Hair, and hid it in the home. Ding Chengli theft, possession of a firearm's behavior is not the penalty after behavior

 

30．About the crime of traffic accident, which one of the following options is wrong?

ASafety device for a vehicle. That is not complete, still letting its employees Wang driving the vehicle to transport goods; Wang knows vehicle defects, is still speeding, causing a traffic accident, cause1Deaths. Jia and Wang Moujun constitute the crime of traffic accident

B. B 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. B's behavior belongs to "death caused by escape"

CAfter the traffic accident. C, Li C of the victim to passers-by to shelter, resulting in the victim's lack of assistance to death. C and Lee set up the crime of intentional homicide crime

D．Ding Baitian van parked in the street get off after urination, behind the car speeding, hit the car tail, the driver was killed on the spot. Ding call"110"Quickly fled the scene after. Ding Chengli traffic accident crime

 

31At about the crime of smuggling, which of the following statements are true?

AAt two years because of smuggling ordinary goods, be given administrative punishment two times and smuggling, even if the amount of tax evasion has not reached the amount is large, is also established smuggling ordinary goods, crime

B. knowing is smuggled goods, goodsTo go private illegal direct acquisition, large amount, conceal, conceal the crime to offend the establishment

CExit from the territory. The smuggling valuable cultural relics, regardless of whether the actor to recognize objects is smuggling cultural relics, shall be recognized as a crime of smuggling cultural relics

D. thought is toy gun smuggling entry,After entering the country found to be real, will be leased to others for the use of the establishment of kidnapping, traffickingThe ordinary goods, crimeWith the crime of kidnapping crime, punishment

 

32．The cognizance of currency crimes, which one of the following options is wrong?

A．In the ATM in counterfeit money and then remove the genuine currency, set up the crime of theft and use of counterfeit money, the combined punishment for several crimes

BThe metal currency. After melting, and made into metallic money more, more value, the establishment of the crime of counterfeiting currency

CStop. Using forged currency in circulation in the shopping malls, the establishment of the crime of fraud, but not set up the crime of using counterfeit money

DThe counterfeit coin. As it is used again after the theft, the establishment, theft and counterfeit currency crime is committed, the absorption

 

33. on the use of credit card crime, which one of the following options is wrong?

AA theft of credit card to the automatic machine1Million yuan, and then to store credit card consumption1.2Million yuan. After that the card is a phony credit card. A set of theftAnd credit card fraud, punishment

B．Store cashier B using credit card shopping and settlement in the customer, privately duplicate credit card, the customer credit card account fund illegal possession. B the establishment of theft

CC with illegal possession for the purpose,The point of sale terminal (POSMachine), collect cash from businesses to fictitious transactions, malicious overdraft and constitutes a crime, the establishment of CCredit card fraud

DDing for gambling, the use of credit card overdraft2Million yuan. The card issuing bank in Ding Cuishou, Ding disregarded, and later on Ding's wife Zhang collection, Zhang not informed by refusing to repay.4Months after the. Ding Chengli credit card fraud

 

34 the company invested and set up factories (independent legal person), and send a director. For convenience, the company buys a car to use, also for the insurance (of a company for the insured and beneficiary). Later, because the factory under a unit of 300000 yuan, the car was a unit. A theft to a company that this car, so a company claims to insurance companies, get the insurance 300000 yuan. About a behavior, which of the following statements is true?

A. direct perpetrator of the crime of insurance fraud

BThe indirect crime. The crime of insurance fraud

CThe establishment of crime of swindling. Direct principal offender

DThe establishment of crime of swindling. The indirect principal offender

 

35Which one of the following options. Is wrong?

A. in retaliation for a company, the company's products a major flaw in detail in each big website exposure, causing great losses to the company, the establishment of crime of damaging commodity reputation

BFake and inferior commodities, advertising production. The sale of their false propaganda,Belongs to the behavior means violates other crimes, to a felony crime, only identified asThe crime of producing, selling fake and inferior commodities

C．The seller knows or should know of illegally obtaining commercial secrets and to use, manufacture and counterfeiting of registered trademarks, the establishment of the crime of infringing trade secrets and the crime of counterfeiting registered trademarks, belong to the imaginative joinder of offenses, one felony punishment

D. force others by means of violence or threat, participate in or withdraw from a certain business activities, if the circumstances are serious, the establishment of the crime of Forced Transaction Crime of forced labor, not established

 

36At which of the following statements are true?

AA found Lee ring (value1.2Million) told Lee, if not to2000Yuan reward costs would not return, but Lee refused to pay, a holding ring and flee, blackmail and impose exactions on Crime Establishment

BLee a theft of a computer (value5000Yuan), to expose a Lee privacy threat, make Lee (mobile phone value5000Yuan), the establishment of crime of blackmail and impose exactions on

COthers steal plate (value800Yuan) immediately inform each other, if the delivery1200Element is returned to the license plate, the establishment of theft and blackmail and impose exactions on crime, punishment

DA Wang after the killing, and Wang was kidnapped on the grounds, to his family and asked for money, otherwise it will kill her, a set of kidnapping, belong to "the kidnapping of killing the kidnapped person"

 

37On property crime, which of the following statements are true?

A. robbery of housebreaking is punishment plot of aggravating robbery, burglary theft of heavier punishment, two people demand the crime means "household based on"

B. carrying weapons snatch, the establishment of crime of robbery; lethal theft, establishment of theft, but not limited to the burglary amount or number

C．The implementation of theft, damage caused by public or private property, the establishment of theft and vandalism, belongs to the imaginative joinder of offenses, a heavier punishment

D. refused to pay labor remuneration, no serious consequences, pay the remuneration of workers in the first trial, and bear corresponding liability for compensation according to law, can be reduced or exempted from punishment

 

38．On property crime, which of the following statement is wrong?

AA unit of accounting. The driver and Lee go out of accounts receivable10Million yuan, in the unit returned to the road, Lee on a Restroom, took the opportunity to escape, will10Take forcible possession of a million yuan in cash, the establishment of the crime of duty encroachment

B. B to rape intentional violence against women, women in order to avoid being raped, take the initiative to property2000Element to B, B to accept the property after giving up the idea of rape, B was not robbery, rape was discontinued

C. C the beer bottle in his bosom, opposite the bank staff said "give money, or grenade", C behavior set up fraud

D．Ding Xiang Wang claimed to buy heroin, at the time of delivery, the use of violence from Wang seized heroin, and then hid in the home, Ding was robbery, possession of drugs act by looting absorption

 

39 A Check Inn Hotel, let B to help find a young girl to go whoring, B can a name not prostitution young girls to B a room, and the young girl had sex.

Theory:

The crime of rape (fornication with an underage girl case) belongs to the confrontation between the statutory crime and prostitution, and upon the victim's commitment as the distinction between the two standard of crime.

The crime of rape (fornication with an underage girl case) and number of statutory crime prostitution Su not opposite, namely prostitution young girl behavior is also consistent with the constitutive elements of crime of carnal knowledge of a child.

Based on the above theory, which of the following statement is wrong?

According to the A. theory, a set of young young girl crime (accomplished), B (accomplished) constitute the crime of rape, not the accomplice

According to the B. theory, a and B, have set up the crime of rape (attempted), accomplice

According to the theory of C. whether or not the establishment of the theory, a young young girl crime (crime)

According to the theory of D. regardless of theory or the second, constitute the crime of rape (attempted)

 

40．A son (b15Zhou Sui) because the cause of affray was arrested by public security organs in accordance with the law of death. A found Zhang (financial director of the county Lee's mistress), gave Zhang2Million yuan in cash, let it over to the Public Security Bureau police chief C, release the child. Zhang this2Million yuan to C. C in the grounds of insufficient evidence, to undertake specific personnel Ding bail measures for B. About the case, which of the following statements is true?

AA set of bribery, Zhang was established using influence bribery

BThe establishment of the crime of intentional homicide. B, cannot be sentenced to death, but he shall be given a lighter or mitigated punishment

CThe establishment of the bribery crime. C and con stitutive requirements, combined punishment for several crimes

DThe establishment of this crime. D, and C in private put detainees within the scope of the accomplice crime

 

41Which one of the following options. Is wrong?

AA during the natural calamity violence obstruct Red Cross staff Lee perform their duties according to law, and will Lee seriously wounded, the establishment of obstruction of official crime and the crime of intentional injury (injured), belongs to the imaginative joinder of offenses, one felony punishment

B. B stolen card Lee police work in the Traffic Management Bureau, to the lonely road, to the illegal drivers show police ID card, collect fines5000Yu Yuan, up and try every trick to mislead the public crime shall be given a heavier punishment

C. C forged seal in a college diploma, degree certificate to produce a lot of, although our country criminal law makes no provision for counterfeiting diploma, degree certificate can be convicted of crime, but in accordance with the forgery institutions seal offense

DDing steals some of the armed forces, the document, Dante did not recognize this document is the armed forces of documents, only recognize the documents belonging to the State Department official documents, not to set up the armed forces official crime theft, theft crime establishment of official documents

 

42At about using computer network crime, which of the following statements are true?

AThe state secrets illegally sent to overseas institutions, organizations, individuals through the Internet, the establishment of deliberately leaking state secrets

B. in violation of state regulations, invades the computer information system in national affairs, national defense construction, sophisticated science and technology, the establishment of the crime of destroying computer information system

C. for the purpose of making profits, spread a lot of pornographic audio-visual products through the Internet to a chat tools, set up the crime of spreading obscene objects

D. knowing others fictional horrible information and deliberately spread on the Internet, causing serious social panic, the establishment of deliberate dissemination of false terrorist information

 

43Obstruction of justice. On the criminal activities, which of the following statements are true?

A. the hotel industry, catering, entertainment industry, taxi companies and other units of the staff, in the public security organs and prostitution, whoring activities, to send news secretly criminals, if the circumstances are serious, the establishment of crime of harboring, shielding

BState organ personnel. Have suppressed crime responsibility, provide convenience to criminals, send news secretly, help criminals escape punishment, the establishment of crime of shielding

C．Lee etc.Four theft200Yuan belongings, and the theft of property to a generation of sales. Because a shelter over theft larger starting point, so a setTo conceal, conceal the crime of offending

DLee a theft others drugs, the drug gave a help in storage. Lee was a theft, establishment of harboring, transfer, conceal drugs, drug crime of bribery

 

44At which of the following statements are true?

A．A forged seal for schools, primary and secondary school students to study abroad visa fraud. Due to defraud exit certificates is not "for people to secretly cross the national boundary (border) environment using" is not established, the crime of swindling exit paper, do not set up other crimes

BThe supervision personnel. A ordered the detention in accordance with the law criminals B, beaten, corporal punishment, abuse another person held in custody, a founding abuse person held in custody to sin, B the establishment of crime of disrupting the order of supervision

C．A violent robbery archives owned by the state, although the criminal law expressly provides for robbery, stealing state-owned archives, but also in line with the robbery, robbery to steal the condition, therefore a set up robbery, stealing state-owned archives

D. illegal blood selling or forced to sell blood, usually resulting in the victim's injuries of the above results, should be in accordance with the intentional injury crime

 

45On drug crime, which of the following statements are true?

A．AThink Zhang is the crime of illegal possession of drugs, and to the judicial organ to prove that cover up their crimes, but Zhang is actually a criminal drug trafficking. A behavior was harboring drug criminals

BB to drugs fromACity toBIn the city, via the highway toll station for suspicious appearance and movements were captured, b set up the crime of transporting drugs (attempted)

C. CFor the purpose of making profits, to smoke, people who inject drugs provide paidUnder the state's control can make people form addictionA narcotic or psychotropic drugs, the establishment of the crime of drug trafficking

DDingKnowing that Lee drug manufacturing and sale of acetic anhydride to Li Mou, ether, chloroform and other raw materials for manufacturing drugs and formulations, Ding established illegal trade in precursor chemicals crime

 

46Which one of the following options. Is wrong?

A．The process of looting of ancient tombs, resulting in destruction of precious cultural relics ancient tombs, the aggravation situation set up crime robberies ancient tombs; robberies ancient tombs, the deliberate destruction of precious cultural relics, it should be combined punishment

B．Li is the organization prostitution, instigating a field to the recruitment of staff, but were recruited personnel had not begun to engage in prostitution to be seized. A set of assisting in the organization of prostitution(Accomplished offense)

C. for the purpose of making profits, from overseas smuggling obscene articles, and then sell smuggling entry in the territory of pornographic articles, the establishment of crime of smuggling pornographic articles and selling obscene goods crime belongs to the profit, the absorbable offense, one felony punishment

DThe organization (forced) prostitution crime, on the organization of people (who have been forced to shelter, the), prostitution, just as the organization prostitution crime (forced prostitution sin), not a combined punishment for several crimes

 

47At which of the following statements are true?

AA diversion. The national staff relief fund100Million for personal use, after investigation and carry the misappropriation of public money, because a has the purpose of illegal possession, so a set of corruption crime

BState-Owned Company staff. By taking advantage of his position, willOur company before the contract fraud200Million into his own private savings accounts, because the property does not belong to the unit property, so B could not set up the crime of corruption

CState-Owned Company accounting CInterception unit income is not recorded but to speculate in the stock market, and make the payment was not reflected in the financial accounts, not returned within four months, due to the superior department investigation will return the money in private, the establishment of crime of corruption (attempted)

D. state personnel a cheque (from a unit bribery20Million yuan), two days later, a tells B the truth, and will check to B, B to withdraw cash, B and a constitute the accomplice of bribery

 

48The following statement. On the crime of bribery, which of the following statements are true?

A．State functionaries in others to post their behavior, in accepting the property, make a false promise, because no work for the interests of others, so a is not established the crime of accepting bribes

BIn order to obtain loans. Li gave a bank B 50000 yuan. Because Lee compliance with loan conditions, in the approval of the conference, Otsuichi said no words, other leaders agreed to grant loans, because B does not seek benefits for others, so do not set up the crime of accepting bribes

CJudicial work personnel. By taking bribes intention private put the arrested suspect Lee, but has not yet been released on the C No, because people seek to real benefits, so C is not established the crime of accepting bribes

D. Lee to promotion, to the national staff Ding property, D will wealth to discipline, and to the merits of the Commission for discipline inspection report, because d no commitment for the benefit of others, so the ding is not established the crime of accepting bribes

 

49Which one of the following options are not set up. The crime of corruption?

A．State-Owned Company teller armour, without the use of a key to a safe and your password custody, but in the middle of the night the big hammer and other tools to open the safe after the removal of cash12Million yuan

B．State-Owned Company assigned to non State-Owned Company engaged in public service B, taking advantage of his position, the company property illegally for himself some

C．The functionaries of the State C misappropriation of public funds100Million for profit-making activities, have the ability to repay and refuse to return, and hides the money to

DState personnel in economic activities. In the process of,Violation of the provisions of the state,Accept the payment of all commissions, fees, all to himself

 

50. qualitative about cheating, which of the following statement is wrong?

A．As a modern historical celebrities Zhang Xueliang, the victim's property for lack of corresponding knowledge, although most people are aware that Zhang Xueliang has died, but as long as people like the same may be, on the establishment of the crime of fraud

BSales staff said. B based on the rigid demand, prices will rise, and persuade others to buy housing, but the housing price control policy firmly, prices plummeted, B behavior does not belong to deception in crime of fraud

C. C claimed to sell a fashion mobile phone market price3Million yuan (the actual4000Yuan), after the discount to1Million sale transactions in the market, which belongs to the normal behavior of publicity, not to set up crime

DDing for Wang luxury mobile phone, mobile phone to get Wang to mobile phone name, its rapid and prepared copycat mobile phone exchange, Ding set up fraud