"Criminal law" (a) the final review questions and answers


Review a

A,Fill in the blanks(For each blank2Divided,A total of24Divided)
1
The criminal law of our country to solve the retroactivity principle is ,
2
Two basic forms of crime is And ·
3
The criminal law of our country stipulates completely the age of criminal responsibility for stage ·
4
In order to crime,, The,Is the preparation for a crime.
5
The coerced offender,In accordance with his A mitigated punishment or be exempted.
6
The people's Court of criminal punishment,Must follow , Principle.
7
Criminals sentenced to a fine,Should be based on the Determine the amount of the fine.
8
The criminals after commutation,The actual execution of a sentence,Sentenced to control,Criminal detention,Fixed-term imprisonment,Not less than ;Sentenced to life in prison,Not less than .
Two,Multiple choice questions(Multiple choice,Choose less,Wrong did not score.Every day3Divided,A total of24Divided)
1
Basic principles of our criminal code is()
A.
The legal principle of crime and punishment B.The principle of suiting punishment to crime
C.
Principle of combining punishment with education D.The principle of equality in criminal law application
2
Our country's criminal law"Crimes of property violation"A chapter shall have12Specific crime,The object of crime belongs to the common violations of these()
A.
The general object B. The similar object
C.
Direct object D. The complex object
3
A specific obligation source of negative crime premise to()

A.      The requirements of morality B. Office or business requirements
C.
The law D.Dangerous state leads to behavior person first behavior
4
Man in a Otsuichi knife and stabbed a B in March off after the quarrel,B because bled to death.For the death of a B,Belongs to a behavior()
A.
The accident B. Unpremeditated crime
C.
Direct intentional crime D.Indirect intentional crime
5
The accomplishment of a crime refers to()
A.
The result of crime has occurred
B.
The criminal aim has been reached
C.
Crime has been completed
D.
Crime has all the elements of a crime
6
B did not execute a abetting crime,The man can()
A.
Not punishment B. Exempt from punishment
C.
A lighter or mitigated punishment D. Mitigation of punishment
7
Executive authority control is()
A.
The people's court B.The judicial administrative organs
C.
Police D.The people's Procuratorate
8
One was sentenced to life imprisonment,According to the parole,The probation period for()
A.
Five years B. Decade
C.
Fifteen years D.Twenty years

Three,Noun explanation
1
Object of a crime
2
Attempted crime
3
Principal
4
Deprivation of political rights
Four,Cylinder answer(Every dayL0Divided,A total of20Divided)
1
The establishment of justifiable defense necessary condition.
2
The general recidivism.
Five,Case analysis16Divided)
The case:
Han Mou,Male40Years old,The foreign nationality,The country's Chinese a consular staff(Does not enjoy diplomatic immunity)
2005Years6Month25On the evening of,
Han Mou to Hu(Female20Years old,The consulate employees)Thank you for,The Hu to their dormitory.Then,Han Mou to Hu put forward the requirements of sexual relations.In rejected,Han MOU will Humou press in bed,Pull off his tie Hu's hands tied on the bedstead,And then used a towel to Hu's mouth,Then with Hu the sex.Period,Humou due to continued resistance against that multiple injuries(The expert qingweishang)Early in the morning2PM,Hu think Han Mou already asleep quietly break free hand tie slipped out of Han a dormitory,But knocked the door hanger.The noise woke up Han Mou,Han immediately rushed out to the Humou grabbed and dragged back into the room.Hu shouted,Han then chock hover Hu's neck,Hu did not move until now.When Han Mou Hu Lai's body from the consulate is prepared to abandon that captured by police.
Please analyze and explain the reasons:If the act constitutes a crime of a Han Whether the court has jurisdiction in China If the court in China
Has jurisdiction over,It should be how to deal with(Only a principle of treatment)


Reference answer

 

A,Fill in the blanks(For each blank2Divided,A total of24Divided)
1
The doctrine of
2
As Not regard as
3
Full16Years of age
4
Preparation tool Manufacturing conditions
5
The circumstances of the crime
6
In the criminal facts In the criminal law as the criterion
7
The circumstances of the crime
8
The original term of 1/2 Decade
Two,Multiple choice questions(Multiple choice,Choose less,Wrong did not score.Every day3Divided,A total of24Divided)
1.ABD2.B 3.BCD 4.D
5.D 6.C 7.C 8.B

Three,Noun explanation
1
Object of a crime:Refers to the criminal law protection to criminalize the danger of social relations.
2
Attempted crime:Refers to the act has embarked on the specific constitution of crime act,Due to a crime causes the outside the will but failed to complete the crime stop shape.
3
Principal:Refers to the organization,Leads a criminal group in carrying out criminal activities or the criminals played a principal role in a joint crime.
4
Deprivation of political rights:Is a penalty to deprive the criminal to participate in the national management and political rights,Belongs to the qualifications punishment.
Four,Answer(Every dayL0Divided,A total of20Divided)

.The establishment of justifiable defense,Must have the following conditions;
1.
The causes of the condition:Unlawful infringement has emergence and existence2Divided)
2.
The time condition:The unlawful infringement is already started and unfinished state2Divided)
3.
Object condition:Only the illegal infringement of himself,And not not implemented against the third person execute.
2
Divided)
4.
The subjective conditions:We must protect the legal rights and interests from infringement defense intention2Divided)
5.
Limit conditions:The defense behavior can not obviously exceeds the limits of necessity and major damage2Divided)
2
Conditions for general recidivism:
1.
Before and after the crime crime is intentional crime.This is the subjective conditions pose a recidivism2Divided)
2.
Ago was sentenced to penalty above,After the crime shall be sentenced penalty above.This is the punishment conditions pose a recidivism3Divided)
3.
After the crime occurred in the former crime punishment is finished or pardon5Years.This is a time of recidivism.
2
Divided)
4.
Before and after the two were non crime of the crime of endangering national security,One plus or minus two crime is not a crime endangering State Security.This is the crime qualitative conditions of recidivism.This is the difference between the general recidivism and special recidivism is3Divided)
Five,Case analysis16Divided)
Score points;
1
Han Mou behavior constitutes a crime,Shall be under the jurisdiction of the court,The committed two crimes should be punished2Divided)
(
Correct score.The problem is not scoring error of judgment)
2
Han adopt bundling violent rape Hu,Then in order to cover up the crime will Humou killed,Out of two intentionally two behavior,Their behavior has clearly constitute crime5Divided)

3Han a crime occurred in the Chinese territory,But Han is a foreigner,But it does not enjoy diplomatic immunity,Exceptions in the case with no legal provisions,Therefore,According to the criminal law of our country's territorial jurisdiction principle,The case shall be under the jurisdiction of the court6Divided)
4
According to the provisions of the criminal law,For the Han a committed two crimes shall be respectively the conviction and sentencing,Then in accordance with the principle of combined punishment for several crimes determines the execution of punishment3Divided)
(
As appropriate to the)

 

Questions for review two

 

A,Fill in the blanks(For each blank2Divided,A total of24Divided)
1
Our country And Crime in Chinese criminal law crime in our country abroad,Whether the maximum statutory penalty of the crime is a period of three years,Apply the criminal law of our country.
2
The mental patient in Or His behavior caused by harmful result,The accreditation of legal procedures,And he shall not bear criminal responsibility.
3
The actor who knows his own behavior Entail harmful consequences to society,And The results of mental attitude,Belongs to the indirect intention of crime.
4
Excessive defense refers to the process of the implementation of self-defense,Exceeds the limits of necessity and causes ,Therefore shall bear criminal responsibility behavior.
5
For discontinuation of a crime,No harm,Should Punishment.
6
Implicated offense,Refers to the act of the implementation of a crime(This crime),While Or Offend other charges(His crime)Form of crime.
7
For ,Not applicable probation and parole.
8
Life imprisonment to fixed-term imprisonment is counted from Calculated from the date of.
Two,Multiple choice questions{Every day at least one correct answer.Please fill in the number of correct answers Yu mother topic brackets.Multiple choice,Choose less,Wrong did not score.Every day3Divided,A total of24Divided)
1
In the context of criminal law"Proviso"Representation of the situation()
A.
Supplement to the anterior B.Emphasis on the front part of the
C.
The anterior limit D.The earlier exception
2
In the theory of criminal law,In order to()As the division standard,The object of the crime can be divided into general object,The similar object and the direct object three.
A.
The number of crimes
B.
The scope of the crime of infringing the social relationship
C.
The number of violations of the specific social relations of criminal behavior

D. How many concrete social relation criminal violations of direct
3
Full14With the age of18A person under the age of crime.Should()Punishment.
A.
Lighter B. Ease
C.
A lighter or mitigated D. To reduce or waive
4
Type of crime()
A.
Behavioral offense B. Dangerous crime
C.
Result crime D.Act crime
5
The provisions of the criminal law,For the attempted offense,Can be accomplished crime shall()Punishment.
A.
Lighter B.A lighter or mitigated
C.
Lighter,To reduce or waive D. To reduce or waive
6
For the organization,The first molecule leads a criminal group,In accordance with the()All crime punishment.
A.
The group has committed B.His organization,Leadership
C.
He was involved in the D. His command
7
Criminals sentenced to a fine,Should be based on the()Determine the amount of the fine.
A.
The nature of the crime B.The circumstances of the crime
C.
The proceeds of crime D.The economic situation of the family
8
Suspension of execution to fixed-term imprisonment is conditions()
A.
No intentional crime B. True repentance
C.
True repentance and performs meritorious services D.There are major meritorious services
Three,Noun explanation(Each small4Divided,A total of16Divided)

1The age of criminal responsibility
2
The subjective aspect of crime
3
Sentencing plot
4
Surrender oneself
Four,Short answer questions(Each small10Divided,A total of20Divided)
1
What is the crime of omission Constitute a crime is not as should have what conditions
2
The application of parole shall comply with the conditions.
Five,Case analysis16Divided)
The case:
Xu x,Male1989Years10Month21DayBirth.
2005Years9Month17DayNight,
Xu x when wandering in the street found Zhao(Female12Years old)One study at home.From the window and jumped in CHO,Zhao to give him some money.Zhao said no money.Xu x carries the hand Zhao two face,And said"You just stay,Don't cry don't run!"Then in the Zhao Moujiazhong carry off all that one has,The results found only160Yuan.At this time,A voice came Xu XX heard outside,Will immediately jump out of the window.Zhao immediately shouted catch the thief.Passing by here Wang and his wife heard the shouts chase past,Will xumou caught and sent to the police station.Xu a statement out all the facts,And as he had a month ago Wang stabbed(Minor wound)Fact,It was true.
Please analyze and explain the reasons;On Xu certain behavior should be identified and processed(Only a principle of treatment)


Reference answer


A,Fill in the blanks(For each blank2Divided,A total of24Divided)

1National staff Soldiers
2
Not recognize Can't control
3
Probably Laissez-faire
4
Major damage
5
Exempt
6
Method of behavior Results behavior
7
Recidivism
8
The judgment
Two,Choice(A total of24Divided)
1.ACD2.B 3.C 4.ABCD
5.B 6.A 7.B......