Article 81 of the criminal law of the golden rule

There are some questions directly elected from three large teaching in criminal law every year, many students do not pay attention to these problems, should not be. It is the final sprint stage, I make a list of materials in the examinee easy to be overlooked, so that the final sprint use.
1. from the nature of violation of legal norms on look, not as not only violates the prohibitive norm in criminal law, but also in direct violation of a rule of order. Such as, the crime of abandonment is not to provide assistance in behavior, demonstrate that there is no support does not have the ability to live independently, the behavior not only violates the prohibitive norm in article 261st of the criminal law of the crime of abandonment, and a direct violation of the marriage law in the rule of order.
2. only when people perform the obligations can avoid results occurs, it is not possible to set up crime. Such as, the driver negligence caused a traffic accident, resulting in damaged cranium fracture, even rushed to the hospital also does not save lives, or the victim will die immediately, even if the driver did not rescue, only the establishment of the crime of causing traffic casualties, but was not not as a crime of intentional homicide.
3. A to kill intentional violence against B, leading to B from near death injury. B treatment in hospital, Dr. C has slight negligence, failed to save the life of B. Because of the risk of A behavior lead to death as a result of large, but the case (slight negligence) on the occurrence of death the effect is small, so that the causal relationship between the behavior and B A's death.
4. under 14 years of age who put poison in the behavior of others in wine, and the wine is hidden in the wine cellar, others drinking, people have reached the age of 14, can be considered dangerous behavior caused by on his 14 years old before the act has excluded obligations, it has over 14 years of age, still do not to perform dangerous source out of duty, thus causing death, shall set up the crime of intentional homicide.
5. laissez faire is to act people realize the harm results may occur or may this probability as the premise will not occur, if the perpetrator has recognized that their behavior is inevitable consequences and determined to carry out, does not exist the laissez faire, the subjective will only be the direct intention hope.
6. in excessive defense all the damage results, as the premise of the existence of justifiable defense, so the damage results in fact can be decomposed into two parts: one is the damage, two is undue damage. Excessive defense only to the unnecessary harm results bear criminal responsibility, but not all the damage to undertake the criminal responsibility. This is China's criminal law stipulated the justifiable defense shall waive or reduce the punishment of subjective and objective basis, this provision is the embodiment of the basic principle of balance between crime and punishment.
7. is not a defense for any assault, murder, robbery, rape, kidnapping and other violent crimes are applicable to non excessive defense system. Only when the violent crime of serious, can not defense. Such as, unlawful infringement for anesthesia methods will not cause casualties were robbed of defense, not non excessive defense.
8 trafficked children's behavior, even children's commitment, established does not affect the crime of trafficking in children.
The 9. object impossibility and impossibility of means, only to have to risk the situation. If a behavior can not be completely resulted in the damage, it shall not be the subject of attempted crime punishment. If, in the wild field, mistaking the scarecrow as enemy and opened fire, nor may cause other casualties, was not attempted crime. Also, mistakenly fitness drugs as arsenic into other food, because of the absolute impossible casualty results, should not be to the unaccomplished crime.
10. common crime may also refer only to have the common object of crime and objective elements of the crime of. For example, 16 years of age should be 15 years of age a B requirements, for a burglary. In this case, should think B and a set with common crime object and objective elements of sense. B in accordance with the subjective elements of crime subject, which is the common crime (theft) in the accessory (in this kind of situation, can not be identified B is the indirect principal offender). But because a has not reached the age of criminal responsibility, does not conform to the crime subject element, on a cannot with larceny conviction and sentencing.
11. is a A implementation of intended robbery and violence, in the suppression of A resistance, B to the scene, and that a A property in the robbery, ethylene and alpha together to take the A property. In this case, a and B are the establishment of common crime of robbery.
12. C intended robbery B property and the violence, and caused B injury, the ding to the scene, knowing that the propylene to rob B's belongings, Ding and c common seized B property. Ding although and C constitute the joint crime of robbery crime, Dante is not B wounded bear criminal responsibility, only C on B injured bear criminal responsibility.
13 C D two common deliberately hurt B, but do not know who the behavior caused B injury, therefore, should seriously Ting B responsibility.
14. X and Y common intent on C implementation of violence, resulting in the death of C C, only one fatal injuries, but I do not know who caused by behavior, but after the identification, X has a murderer intentionally, deliberately Y only hurt. In this regard, should be identified X established intentional homicide (accomplished), Y established intentional injury crime (lethal).
15. if the abettor implementation of abetting acts, but the instigated person does not commit the instigated crime, the instigator accomplice not with the instigated person, but the abettor shall bear criminal responsibility.
16. and murdered in a museum of propylene, and at the same time the gun to the third shot, a shot of precious cultural relics under state protection, B does not hit any target. This is a kind of joint principal offender, the A and B have a common intention to kill on C, but did not cause C death, so the establishment of common crime of attempted murder. A behavior also violated the crime of damaging valuable cultural relics crime, criminal negligence does not constitute a crime, so B does not hold the complicity of the crime. A behavior is a behavior violates several charges, which belongs to the imaginative joinder of offenses, so the nail in fact only attempted to kill it.
17. a invitation to violence against C B, B thought a just want to hurt C, in fact a has a murderer intentionally, and common violence against C C, leading to death. In this case, only that a and B are composed of common crime in the crime of intentional injury within (joint principal offender), C to the result of death responsibility. But because a destructive intention and behavior, on a should be recognized as a crime of intentional homicide.
18. a to B damage the public telecommunications facilities, B misunderstood a solicitation, destroyed the military communication facilities. As a result of a deliberate act of abetting and damage the public telecommunications facilities, the establishment of damage the public telecommunications facilities crime of instigation. The accomplice of a B in this range (part of common crime). But since B behavior also meet the constitutive elements of the crime of destruction of military communication, and so on B's behavior as crime of damaging military communication.
19. a think B is to have no ability of criminal responsibility, to indirect intention to B act, the fact that B has the capacity of criminal responsibility, and the implementation of theft. If the criminal law divides the criminals into perpetrator, abettor and accessory, you must determine a is the indirect principal offender or instigator. Although our country criminal law divides the criminals into principal, accomplice, accomplice under duress, to commit a crime shall be punished according to the role he plays in the criminal process, but whether to set up a joint sense, is still necessary to distinguish a is the indirect principal offender or instigator. According to the principle of criminal law, should be in the range of subjective and objective unity, will be a recognized as the instigator. In the opposite case, namely that the caller has the capacity of criminal responsibility of instigation, in fact each other without capacity of criminal responsibility, but also only in the subjective and objective unity within the scope, identified as the instigator.
20. in order to murder and theft of firearms, and use the stolen guns kill, can not be regarded as a crime. Because of legal evaluation on the crime of intentional homicide, cannot contain legal evaluation on theft of firearms, shall be based on the theft of firearms crime and the crime of intentional homicide crimes.
21 if the file is stealing state secrets, it also violated the stealing state-owned archives and the crime of illegally obtaining state secrets, which belongs to the imaginative joinder of offenses, from a felony punishable.
22. rape women caused the injury, because the criminal law aggravate the legal punishment, which belongs to the aggregated consequential offense. But the coercive indecency, insult women caused the injury, because the criminal law does not aggravate the legal punishment, so instead of aggregated consequential offense.
23. only in the objective and subjective have implicated relationship does not exist on the implicated relation, should not be regarded as implicated offense. For example, people in a year ago to hunting and stealing guns, after a year in order to rob a bank and use of the guns. Two behavior although implicated relationship objectively, but there was no implicated relation is subjective, so deny the establishment of implicated offender.
Although 24. between means behavior and purpose behavior subjectively have implicated relationship, but if the implicated relation between means behavior and purpose behavior does not have the usual, also should not be regarded as implicated offense. For example, in order to bank robbery and theft of firearms, then the use of stealing firearms bank robbery, robbery and theft by gun crimes, can not be identified as implicated offense.
The 25 sentence to be commuted to life imprisonment or life, although substantially reduced the sentence, but not the criminal law Seventy-eighth stipulation of commutation system.
26 are to be sentenced to 10 years in jail, imprisonment for violent crimes, even after the sentence below the sentence to 10 years in prison, or on parole.
27 as long as it is in the probation period for parole commits another crime, even after the probation period after the discovery of the new crime, should also be revoked parole, be punished according to the first reduction and.
28 the contract of insurance defraud insurance money behavior, violation of the crime of insurance fraud and contract fraud, applicable principle is the weight method is better than the light law (2010 three big 112nd pages) insurance fraud behavior by the insurance contract, in the sense of fraud, the insurance act in violation of the crime of insurance fraud and contract fraud, regulations contract fraud crime of insurance fraud and the provisions of article 224 of the 198th, the existence of common law and special law. In this context, the special law shall apply if a is better than the common law principles, will appear unreasonable phenomenon: the insurance contract insurance fraud, regardless of the amount, if serious, the highest can be sentenced to 15 years in prison; and the use of other economic contract fraud, the highest may be sentenced to life imprisonment. Therefore, if that relationship between the special law and common law between article 198th and article 224th of the criminal law, in accordance with the applicable law is superior to the light weight law principle of conditions, can apply the principle, in order to realize the principle of suiting punishment to crime. Firstly, the insurance contract defraud insurance money behavior, break is the special law and common law of the same law; secondly, the special law of the same law stipulates the legal punishment, was significantly lower than that of ordinary law stipulates the legal punishment, and, according to the circumstances of the case, especially the law do not meet the applicable the principle of suiting punishment; finally, article 224th of the criminal law does not prohibit the application of common law, which is not like the article 266th of the criminal law that expressly must apply the special law. Therefore, we can apply a light weight method is superior to the law principle.
29. the perpetrators have other criminal behavior in order to destroy evidence and arson, or to cheat insurance gold and set on fire and has already begun to defraud insurance money, should be combined punishment for several crimes. (2010 of three big 115th pages)
30 the crime of destruction of means of transport in the interpreted to include large tractor, is an expanding interpretation, not the analogy to explain.
31. theft, snatch firearms, ammunition, explosives, belongs to the abstract dangerous crime: as long as the behavior of the implementation of theft, snatch firearms, ammunition, explosives, can according to the social common life experience, has drawn the public risk conclusion. But the theft, robbery of dangerous substances, which belongs to the concrete dangerous crime, according to the types of hazardous substances, theft and rob behavior specific judging whether a public danger, if not endanger public safety, do not set up this crime.
32 illegal guns, ammunition and hold the manufacture, possession, which belongs to the crime, only the illicit manufacturing of firearms, ammunition.
33. actor, drunk driving drunk driving offense would endanger the public safety, but ignore the law of drunk driving, and continue to drive the collision in the accident, causing heavy casualties, the subjective harm to continue to occur as a result of the laissez faire attitude, with the intent of endangering the public safety. On the drunken driving caused heavy casualties, should be in accordance with the law to the crime of endangering public safety crime.
34. in the theft of motor vehicles or others in the process after the theft, violation of the traffic regulations, causing a traffic accident, which constitutes a crime, shall be based on the traffic accident crime and the punishment of larceny.
The 35. behavior after the traffic accident, the victim has died in order to conceal thought, Zuiji, will the victim into the rivers, in fact the victim drowned in the river, after should be defined as the behavior of the crime of negligence causing death. If the former behavior has constituted the crime of traffic accident, it should be combined punishment for several crimes.
36. has been the use of electricity, just because of the dry season or lack of electricity, and suspended power supply line, still should be considered is the use of lines. Behavior of stolen cut the line wire, if it constitutes a crime, shall be investigated for their criminal responsibility according to the destruction of power equipment.
37 illegal traffic in hazardous substances in crime of transport including domestic transportation, but also from the domestic to overseas and shipped in from overseas.
The implementation of 38. production and sales of counterfeit drugs crime, and constitute the production and sales of fake and shoddy products, infringement of intellectual property rights, illegal operation, illegal practice, illegal blood collection and supply of such crime, in accordance with the provisions of punishment heavier punishment.
The directly responsible person in charge of 39. State-Owned Company, enterprise or the competent department at a higher level, to the state owned assets into shares at a low price to sell, or spouse, children, or collude with others, nominally sold to others, in fact their own gain, identified as the crime of corruption, not play favouritism and commit irregularities - shares, the sale of state assets crime.
40. the use of counterfeit money, the counterfeit money is really used as currency. Can be using counterfeit money to look legitimate way, such as the purchase of goods, exchange to another currency, banking, or gift to others, to pay a fine or penalty, counterfeit money, can also be using counterfeit money to illegal means, such as counterfeit money for gambling. In addition, the counterfeit money is delivered to the unsuspecting person to use, and into the counterfeit money to the vending machine to obtain the goods, have set up the crime of using counterfeit money.
41. will prove their ability of counterfeit money as the credit capital and for others to view, in order to sign a contract with each other, the counterfeit money to each other to see, to prove their ability to perform the contract, not the use of counterfeit money.
42. accused the article 191st of the criminal law of the crime of money laundering provisions of an upstream crime income and income mistaken for other crimes of criminal law 191st stipulation of upstream crime within the scope of income and profit, should not affect the determination of the crime of money laundering "knowingly" upstream crimes.
43 stolen valid credit card does not use behavior, not the establishment of theft, can not constitute the crime of credit card fraud.
44. using forged, altered, theft of the armed forces of vehicles, fails to pay or underpays the amount of vehicle purchase tax, vehicle use tax and other taxes, a large amount of tax evasion and tax payable shall be accounted for more than 10%, with tax evasion crime.
45. illegal purchase and use of the armed forces of vehicles, if the circumstances are serious, but fails to pay or underpays the amount of vehicle purchase tax, vehicle use tax and other taxes, a tax evasion, should take the illegal trade in military symbol and tax evasion crime be punished.
After the 46. behavior from the opposite party goods, payment, advance payment or guarantee property, has the purpose of illegal possession, but just escape, and did not take so that the other party to waive the debt of fictitious facts, conceal the truth means, not be regarded as the crime of contract fraud.
The provisions of contract fraud crime of criminal law fourth 47. 224th "from the opposite party goods, payment, advance payment or guarantee property after survey", only to act before accepting the opposite party goods, payment, advance payment guarantee property or stored in the purpose of illegal possession, and the other is the payment, the payment of goods advance payment, or property as guaranty, is caused by the fraud behavior of human.
48. a learned that his friend B (citizens) has a large deposit, will produce fraud deliberately. A claim, they have an absolute profitable business, investment 500000 yuan, 3 months can earn 1000000 yuan, but he did not want to B 500000 yuan, 300000 yuan of investment, 3 months after the return of B 600000 yuan. According to the contents of a drafting a written contract, both sides signed the contract, the delivery of 300000 yuan a to B. 300000 yuan after escaping a for B. For a behavior is not recognized as a crime of contract fraud, but should be recognized as ordinary crime of fraud. Contract fraud in the other party is engaged in business activities of the main body of the market, otherwise it is difficult to recognize for the crime of contract fraud.
Signed a contract with others 49. behavior of others, received payment, shoddy goods, the general should be identified as the production, sales and shoddy goods crime, not as a crime of contract fraud.
50. intermediary organizations to provide false documents at the same time, extort or accept bribes, only the crime of providing false documents, but the punishment to be upgraded. The extort or accept bribes shall not include demanding or illegally accepts a huge amount of property of the case; in other words, if the intermediary personnel in providing false documents at the same time, extort or accept bribes amount is huge, as a non national staff bribery crime.
51 framed not of legal age or not to recognize or control ability of crime, also constitute the crime of false accusation.
52. out of revenge mental hurt its sense of shame for women, violations of the sovereignty, violates behavior order behavior, such as a vindictive public or non action forced off women B underwear in public places, is on women's sexual autonomy invasion, but also on the women's reputation violations, but for women's sexual autonomy, the autonomy of the reputation of the nature of interest to other aspects of. No matter what the motive and purpose, no matter in what place, forcibly stripped of women's underwear, all belong to the coercive indecency, insulting women sin.
53. always uses violence to interfere with the freedom of marriage, as long as one is intentional homicide or intentionally harmful behavior constitutes interference in the freedom of marriage, violent crime and the crime of intentional homicide or the crime of intentional injury, combined punishment for several crimes.
54. crimes of forcing workers to labor is to take the method of restriction of freedom of person. If adopt the method that deprivation of liberty, such as the long time close in the workshop, is the crime of forced labor and the crime of illegal detention of the imaginative joinder of offenses, a heavier punishment.
The 55 child labor in critical labor, and violations of the labor management regulations, forced labor to the restriction of personal freedom, if the circumstances are serious, the combined punishment for several crimes.
56. in the use of violence, coercion behavior as the victim fled, because of fear, will be on the side of property left at the scene, the behavior people were took the property, constitute the crime of robbery. The perpetrators of violence, coercion, causes the victim to escape the lost property, property in the actor picked up the pursuit, should not be regarded as forced to plunder property, which should not be regarded as robbery, can be identified as uncommitted robbery and the crime of embezzlement.
57 as for the legitimate debt and the use of violence, not the establishment of robbery, can set up the crime of intentional injury, the crime of illegal detention, trespass.
58. in the implementation of theft, fraud, plunder in the process, found by others have not yet obtained the property, in order to illegally acquired property, and the use of violence or threats of violence, shall be directly identified as robbery, not applicable to article 269th of the criminal law of the robbery.
59 in order to after the wealth, the victims killed, belongs to the wealth of murder, the establishment of the crime of intentional homicide, robbery is not established.
Even if the 60. is all his property, if in a state of possession of other legal acts, stealing the property, the establishment of the crime of theft. Such as, the perpetrator will be their belongings from the A to the B to check through the railway operators, to deliver the consignment behavior after the people from stealing the property, which should be set for the crime of theft.
61. destroyed mean get other people's property, no property destruction but simply to be placed, the establishment of the crime of intentional destruction of property, because this behavior causes the victim lost property utility. Get others' property to destroy the meaning, and use of the property, the establishment of the crime of embezzlement.
62. had no pay for food, accommodation costs mean, and camouflage has to pay the cost of the meaning, deceive each other, make each other to provide food, accommodation, if the amount is larger, the establishment of the crime of fraud.
63. had with payment diet, accommodation costs mean, but in the catering, accommodation, cheating is not paid, not to set up the crime of fraud. For example, people in the luxury hotel after eating, says away friends back after payment. But has not paid the friend sends in the hotel, he took the opportunity to slip away. Because the victim did not release behavior of debt, i.e. no punishment, so the behavior cannot be identified as fraud.
64. a first own immovable property to B, B registered after obtain the ownership of immovable property, a property in order to cheat C, and conceal the truth, the property sold to propylene, propylene suffered property damage. A behavior set up fraud.
65. A sold his piano for B, agreed at the same time, A continues to play the piano a month (ownership has been transferred to the B); A during the piano to C (A and C have no plan), the B suffered property damage, the A should be determined as the crime of embezzlement, because A illegal punishment. Self possession but property owned by B.
66. person who instigates Dutch act behavior makes the victim on the rights and interests of the non, degree, etc. have wrong understanding, the death of consent is invalid, should be recognized as a crime of intentional homicide. Such as, the doctor deceive patients said: "you can live up to three months, and a week later began to severe pain." Leading Dutch act patients died, patients agreed to Dutch act is invalid, the doctor should be recognized as a crime of intentional homicide.
67 of injuries caused by the negligence of the victim's death, should be defined as the crime of negligence causing death, cannot apply mechanically of intentional injury model, fixed negligence causing death.
68. the provisions of the criminal law of the crime of illegal detention only protect freedom of reality (limited said), that only when the violation of real freedom of others, was identified as the crime of illegal detention. Such as, will have to sleep people locked in the room, in the wake of the lock open, not to set up the crime of illegal detention.
69. behavior in order to obtain the law does not protect debt or unilateral claim of debt, to strength control, control the victim, threatening to kill, hurt the victim, should be regarded as the crime of kidnapping.
The 70 act for repayment of the debt, and the debtor has nothing in common with property relations, maintenance, maintenance of the third party as a hostage, shall be determined as the crime of kidnapping.
71. kidnapping process kills the kidnapped person, belong to the combination of crimes, the kidnapping and murder of behavior for a crime. The attempted to kill the kidnapped person, for "kill the kidnapped person, the death penalty, shall concurrently be sentenced to confiscation of property.". At the same time, application of the general provisions of the criminal law provisions for the punishment of attempted offense.
72 kidnapped others, intentionally harm, rape, joinder of punishments for plural crimes.
73 belong to the national secret stealing state-owned archives, violated the stealing state-owned archives and the crime of illegally obtaining state secrets, from a felony punishable.
74. does not have the doctor qualification of people, without repeatedly, continue to implement the meaning, sometimes for particular people treat diseases, not to set up the crime of illegal medical practice. For example, a hospital nurse a, no doctor qualification, but promised to colleagues B's request, agreed to 1500 yuan to B son C addiction. A in the absence of propylene necessary physical examination and does not understand the addiction degree of circumstances, then copy the use of a drug prescription down their work copied for C drug. In the use of large dose drug for C, C adverse reactions, send a hospital after the rescue invalid death. A although no doctor qualification, but she has not repeated, for others to privately drug meaning, objective and there is no repeated this behavior, so should not be considered a in illegal medical service, so it does not constitute the crime of illegal medical practice. For a behavior should be determined as the crime of negligence causing death.
Selling 75. in the blood of an illegal organization, cause harm, set the crime of intentional injury. Should be limited to the injured the damage here, namely illegal organization to sell blood, causing minor injuries, identified as illegal blood selling crime; causing serious injuries, identified as the crime of intentional injury, and applies the injured legal punishment. If death, identified as the crime of intentional injury (lethal).
76 kill rare, endangered wild animal, constitute the killing of rare, endangered wild animal sin. Intentional injury precious, endangered wild animal, the intentional destruction of property crime.
77. acts by mail transport drugs, was seized in the mails in the packaging process, which belongs to the crime of transporting drugs attempt. If you have a drug messages delivered to the post office, is the drug transport crime.
78 the use of vehicles to transport drugs, while drug in transport, transportation has entered the running state, is accomplished.
79. cannot drugs transfer behavior are determined as the crime of transporting drugs, smuggling, trafficking in, only with manufacturing related behavior, was identified as the crime of transporting drugs. As people living in one place, behavior, in another trip to buy drugs, and then back to a drug. If it is to use, large quantity, identified as the crime of illegal possession of drugs. If it is to sell, sell, identified as the crime of transporting drugs.
80 lure prostitution of girl, at the same time, the shelter a prostitution, should be separately identified as luring young girls prostitution and shelter, the prostitution crime, a combined punishment for several crimes.
81. has a huge amount of property, I can not explain the source of its legitimate, the court set up the crime of huge unidentified property. But in the process of handling cases, the judicial organ finds out the source of the huge property, if the source is legitimate, the original judgment must be maintained, cannot change; if the source is illegal, according to the nature of illicit origin again convicted, could not overrule the decision.