The concept of crime and crime constitution chapter fourth
A, single choice
1, China's criminal law in thirteenth "but the plot remarkable slight harm not big, not be considered a crime" should be understood as ( )
A, constitute a crime, but does not deserve to be punished  B, constitute a crime, but not the punishment
C, do not constitute a crime              D, constitute a crime, but may be exempted from criminal punishment
2, in the criminal law of our country adopts (the concept of crime )
A formal concept, crime                    The concept of B, the essence of crime
The concept of form and substance C, crime of unity     D, Chinese type concept of crime
3 essential characteristics, crime is ( )
A, crime should be punished by the penalty, a penalty
B, the crime is the violation of the criminal law act, criminal illegality
C, crime is a serious social behavior has the serious social harmfulness
D, crime is to violate the law behavior, is illegal
The criminal law, criminal means (4 )
A, in violation of the law             B, in violation of provisions of criminal law
C, in violation of all norms of behavior     D, a violation of public interests
5 basic features, crime is ( )
A, criminal illegality      B, serious social harmfulness
C, deserved punishment D, the actor has subjective malignant
6, the provisions of our criminal law article thirteenth of the criminal concept, is ( )
A, B, C essence of the concept of formal concept, essence and form of the concept, legal concept of unified D
7, according to the provisions of article thirteenth of the criminal law, the crime refers to the harm to society, in accordance with the law should be punished, but circumstances are obviously minor and the harm is not great ( )
A, don't think that is a crime, shall be punished for the crime of B or C, can be regarded as crime can not be considered a crime, may be sentenced to a punishment of D also may be exempted from punishment
8, about the most basic characteristics of crime, the following statement is correct ( )
A, crime is a serious social behavior has the serious social harmfulness crime is B, under the criminal law act of criminal illegality is C, crime and should be punished by law behavior of criminal illegitimacy D, crime is violate the law and should be subject to legal sanctions is illegal and should be subject to penalty the punishment
9, a cause and other sexual and wants to marry another husband. One day, a listen to the witch instigation, a picture of a human form and write the name of the paper breaks down when, take a little paper ash, mix sugar, let the husband drank, attempts to rely on God to kill it. Adultery was brought to light, a confessed that the. A behavior ( )
A, B, belongs to the intentional crime belongs to the fact cognitional error and does not constitute a crime, D C does not constitute a crime, belongs to the accident
10, the following statement about unit crime. Correct. )
A, shall be for the purpose of profit B, social organizations can not become the subject of unit crime, unit crime C actually just the person in charge of the unit crime, unit crime principle of D adopt double penalty punishment system
11, according to the provisions of the criminal law, has over 14 years of age under the age of 16, criminal responsibility of crime with which of the following? ( )
A B, theft, making drugs C, D, robbery crime of destruction of means of transport
12, nail for stealing was the owner hold, to escape with the owner scuffle in together. At this time, a friend B just pass by, that came to the cuff and kick, causing the owner injured. B behavior and how to deal with? ( )
A, constitute the crime of theft, robbery accomplice accomplice B composed of C, D, does not constitute the crime of intentional injury crime
13, one day, a ride in a taxi driver B, a hurry, value 8000 yuan mobile phone forget in the car, later a recall, then call your mobile phone, B immediately will hang up the phone, after a certain according to the license plate number to B, B refuses to return the mobile phone. A report, the public security organs will b a captured, a behavior (b ).
A B, has constituted the crime of embezzlement, which belongs to the civil law of unjust enrichment, does not belong to the adjustment scope of the criminal law, constitute the crime of robbery is C D, according to the provisions of article thirteenth of the criminal law of our country, should belong to the "proviso" was not deemed a crime
14, 1991, a public security organ to play the market was arrested for selling food stamps, for lack of evidence, as mystery aside; 1997 law promulgated and implemented, for a behavior ( ).
A, should be based on the old criminal law to play the market charges should be based on the B, the new criminal law of the crime of illegal business operation, should be on the basis of the new criminal law to prosecute C analogy by reselling tickets, ticket charges should be based on the D, the new criminal law of acquittal
15, a sleepwalking, one night in the same dormitory roommate B kill, a wake up in the morning sees frightened, report immediately. In this case, a behavior ( )
A B, constituted the crime of intentional homicide, constitute negligence death C, is by the spirit of compulsory behavior, not to bear criminal responsibility is D, unconscious behavior in your sleep, and he shall not bear criminal responsibility
16, the driver when driving a sneeze, the steering wheel out of control, then the car rushed roadside wire pole, will be knocked down, wire is broken, interruption of power supply for more than 30 hours. A behavior is ( )
A, negligence damaged power equipment crime, the crime of intentional destruction of property of B C D, accidents, traffic accident crime
17, young B in a night in a quiet alley robbed a woman's black bag, there are 2000 yuan. In this case the facts of a case, on the crime is: (no meaningful )
A, the implementation of the behavior of B, behavior person rob others a large amount of property with illegal possession of property to C, the actor has the capacity of criminal responsibility, behavior of D chose the night in the quiet alley
18, criminal behavior ( )
A, even the plot remarkable slight harm not big, but also constitutes a crime, if the B plot and the harm is not great, can not guilty, if C is the plot remarkable slight harm not big, can be identified as D, if the crime plot slight harm is not great, shall not be considered a crime
19, crime is divided into the necessary elements and elements of the two kinds of the following elements selection is necessary elements are ( )
A, B, C crime crime, criminal purpose, criminal behavior D
20, the criminal law theory, according to the constitution of crime in form of the constitution of crime is divided into ( )
A, the basic constitution of crime and amendatory constitution of crime, the crime constitution and the standard B derived C, simple constitution of crime constitution of crime and the complicated constitution of crime D, describes the constitution of crime and blank crime
21, a drunk and uncle quarrel, home to pick up a stick, towards the uncle slam the past, but didn't hit his uncle, but hit the positive and uncle spoke to his father, his father died in. A certain behavior constitute what crime? ( )
A, the crime of intentional injury B, constitute negligence on his father's death, the crime of intentional injury to his uncle, for C, constitutes a crime of negligence causing death D, constitute negligence on his father's death, the crime of intentional injury to his uncle, based on negligence crime death penalty
22, attempted murder crime belongs to ( )
A, modified B, which derived form C, form D complex, simple structure
The elements of the 23, the constitution of a crime refers to: ( )
A, the object of crime, objective aspect of crime, subject of crime and crime subjective aspect of B, serious social harm, the criminal law and should be punished C, crime, object of crime, objective aspect of crime, subject of crime and the subjective aspect of crime, subject of crime, the harm of D social behavior and the object of the crime
Two, multiple choice questions
1, criminal behavior, ( )
A, even the plot remarkable slight harm not big, but also constitutes a crime, if B is the plot remarkable slight harm not big, do not constitute a crime, if C is the plot remarkable slight harm not big, can be regarded as crime D, since it is the plot remarkable slight harm not big, should not be considered a crime
Social harmfulness of crime shows (2 )
A, to our country, and in the territorial integrity and safety hazards of B, C, harm to social public security on the social and economic order, the harm of D to the citizen personal rights, democratic rights and other rights of the harm
3 basic features, the crime ( )
A, crime should be punished by the behavior, have penalty B, crime is the violation of the criminal law act, have criminal illegal C, crimes are serious harm the social behavior, with serious social harm D, crime is to violate the law behavior, is illegal
4, the following case belongs to the unconscious or no act of will, and thus could not constitute a crime are ( )
A, who in his sleep, move B in confusional state under the action of C, man is tempted the behaviour of the D, people in the body by the forced case behavior
5, which of the following behavior is not a crime? ( )
A, a drunk driving will die B, B driving, the brake suddenly failure, caused by pedestrians killed C, C night while robbing others 50 yuan D, Ding hunting, accidentally shot from the tree suddenly from out of a person
Objective 6, which of the following crime is a complex object? ( )
A B, the evidence of the crime, violence crime of insurance fraud, embezzlement of C D, the crime of intentional homicide
7 about the object of crime, the following statements are correct ( )
The similar object A, destruction of weapons and equipment, military facilities, military communication crime is the similar object the interests of national defense B, posing as soldiers ostentatious defraud crime is judicial order C, harboring, transfer, acquisition, sale of stolen goods similar object is the judicial order D, illegal rental, a similar object gun crime is public safety
8, a kindergarten nurses a afternoon, led several children outing, the way children B slipped and fell into the septic tank, sees only a shout for help, refused to jump into the septic tank. Farmer C a pass by seeing this coming to watch, and bamboo one in the roadside, detecting that manure water about 80 cm deep, but the two per capita refused to jump off the tank to save, but shouted for help. B as a result of the rescue is not timely death. The following statements are true about this case? ( )
A, a B of the act constitutes a crime, the act constitutes a crime by a C, a behavior does not constitute a crime, the behavior of a D C does not constitute a crime
9, a and B, two were high school friends, after being apart a long time, ecstatic. Two people hug, and like a student that punch each other. Unexpectedly, a punch to the stomach after B, B feel some discomfort, one hour after faint in the ground. A quickly send B go to hospital, but died. The reason is B spleen in abnormal, because of a punch force, rupture, bleeding and lead to death in vivo. A behavior is what behavior? ( )
A, a and B death did not result in B, and B a death causation, a C shall bear criminal responsibility D, a shall not bear criminal responsibility
10, a learned colleague B travel, night into the B a B B a wife rape, home after know, looking for opportunities to beat a meal, but B did not support his wife reported, but feel ashamed, he and his wife divorce. Second wife in the double blow his Dutch act, second wife mother after that hospitalized heart attack. Results the above facts do not belong to the constitutive elements of a crime which ( )
A, second wife mother after that hospitalized heart attack B, B beat a certain C, B a divorce with his wife D, B wife sexual rights are violated
11, the following statement is correct ( )
A, the concept of crime is the crime with the non crime boundary dividing the basis of B, the constitution of crime is the specific standard of crime and non crime, the concept of crime is the crime of C based D, the constitution of crime is the crime concept specific
12, to answer the question (constitution of crime )
A, what is B, crime crime should have what elements C, D, what are the basic attribute of criminal crime to establish
In 13, the constitution of crime (meaning )
According to B, A, provides solutions for criminal responsibility shall be investigated for criminal person "what is the limit of crime" problem in C, as the division of crime and non crime provides standard D, boundaries for the division of this crime and other crime provides standard
Three, terms to explain problems
1, the concept of crime
2, constitution of a crime
Four, short answer questions
What are the 1, China's criminal law to distinguish crime and non crime?
Relationship with the concept of crime, the crime constitution of 2.
3, the characteristics of criminal responsibility.
4, the relationship between criminal responsibility and penalty.
5, the criminal liability according to the.
6, the criminal responsibility and the end.
7, the criminal responsibility of the solution.
Five, to discuss the problem
1, the criminal law of our country crime concept and characteristics.
2, the constitution of crime concept, characteristics and its significance.
Six, case study
1, a from B purchased clothing 3 package, agreed weeks after payment, and to write a written B arrears. A because they do not understand the market conditions, the purchase of clothing a failed to sell. To avoid B dunning, armour hides to the field. After 3 weeks, B does not see a repayment, and invited his brother to a traversing. To prevent accidents, two people each with large fruit knife. To a home that is locked in a clothing storage debris inside the room small wooden. B the clothes away, was a wife blocked. B brother he pulled out a knife, a wife rushed back. B then pry the doors open lock 3 bags of clothing.
I would like to ask: B and B brother's behavior, whether it is a crime? Why?
2, a wife B lineage Sichuan people, and several friends C (female, 22 years old, unmarried) communication, said Henan good living conditions. So, C is also thought to Henan, write B to help her find a suitable house, and a and B to Sichuan to meet her. In the Sichuan village Ding found before the young men, said to him a wife from Sichuan, and asked Ding to provide 1500 yuan as travelling expenses, Ding agreed, then give a 1500 yuan, after returning to Henan, a third introduced to Ding Wei wife. Very satisfied with the C and D two average per capita are married life.
I would like to ask: whether a behavior constitutes a crime? Why?
3, a and B farmers use their own car partnership for transport, B will generally be your car is stored in a car. One evening a night home carrying a few apricot back to selling a car, think of B big horsepower, speed, load; and in the absence of a with B case of greeting, will b cars, ready for the next morning and come back and tell B; and B came back at midnight to see cars are not in now, that was a stolen, then report to the public security organs, in the morning, a driving on the way to return seized by the public security organ.
I would like to ask: whether a certain behavior constitutes a crime? Why?
4, Li Mou of the accused person, male, 18 years old, young man. Li Mou of the accused person due to family housing less population not living, spend the night in 1993 June to his uncle's house. In September 28th the same year, Lee nap in the uncle's home, idle, want to find a magazine to read, just open the uncle forgot to lock the desk drawer, found with a face value of 10 yuan RMB new, Lee suddenly has a greedy, while there is no one in the house, secretly from the drawn 50 yuan, because of his uncle the effect, not the lack of cash drawer found. Mr. Lee see for the first time I succeed, growing bolder, and in October the same year, 1994 March two while his uncle is not at home, is to steal the renminbi 600 yuan. When Lee in June 10, 1994 while his uncle is not at home in the machine, open the drawer looking for cash, unexpectedly been hiding playing truant at home uncle son found, then the Lee family, then the repayment of the uncle's loss. His uncle has to the public security organs do not require treatment lee.
I would like to ask: Lee's behavior is a crime?
5, the defendant Zhang (male, 15 years old) in one night in the bar to see the young queen one (13 years old, height 1, 6 meters, weight 62 kg), Zhang and Wang Mou to active and about its own dormitory to play, the king agreed, to Zhang's dormitory, two people said future will fall in love to chat, and have sex, after two people often associate. One day, the matter was Wang's father found, to the public security bureau.
I would like to ask: whether Zhang acts constitute a crime? Why?
6, one day, a normal car driving on the way. B suddenly from go right the woods out of the scramble crossing the road. A rushed to the left at the wheel, and the emergency brake, but still shy away from, the car right front leg rolled off the B. After the accident, a see it was already late, out of here, no one, will be in B onto the roadside trees, their drive to escape. The morning of the second day, B's body was found. The forensic identification: B left leg at the knee comminuted fracture, due to the rescue is not timely, resulting in the death of hemorrhagic shock.
Ask: how to identify a behavior, how to punish?
7 evening, a and B, farmers in the Sun Valley field combined with removal of barley, when B A and second times of wheat, a picked up the iron cross of wheat straw, the iron fork in the C 10 year old girl hiding in his room playing hide and seek a right temple, a find the girl after the blood on his face, silent, immediately put down his fork out. In order to evade responsibility, not timely rescue a child but pretend to do. Discovered until B to latte fork, the C a sent to the township health hospital rescue, but eventually because of his injuries, delaying the rescue time, at 10 pm that evening because bled to death.
Excuse me:
(1) with iron fork a girl in a C what is the behavior of the subjective state of mind?
(2) a on the victim's death results assume what responsibility, what is the form of sin?
The fourth chapter of crime and crime (the answer)
A, single choice
1.C  2.C  3.C  4.B   5.B  6.C  7.A 8.A 9.C 10.D
11.C 12.C 13.A 14.D  15.D  16.C 17.D 18.D 19.D 20.A
21.A 22.A 23.A
Two, multiple choice questions
1.BD 2.ABCD 3.ABC 4.ABD  5.BC 6.ABC 7.ACD  8.AD
9.BD  10.ABC 11.ABCD  12.BD  13.ACD
Three, term explanation question (omitted)
Four, short answer questions
1 China's criminal law generally reflect the degree of harm done to society through the following several ways, so as to distinguish between crime and non crime: (1) to the circumstances are serious, bad or not as the dividing line of crime and non crime. (2) after the fruit serious or not as the limit. (3) a serious danger to have caused some results as boundary. (4) as a limit to the amount. (5) the crime method whether to use the law as the limit. (6) whether to act in a particular period of time to implement as the limit. (7) to the specific object of crime is the law limits. (8) as to whether or not "knowingly", "willfully" as the limit. (9) according to whether have specific criminal purpose or intention as the limit. (10) according to whether it is the ringleader as boundaries.
2 the constitution of crime and the concept of crime is of two closely related and different concept. The concept of crime is the basis of constitution of crime, crime is a specific concept of crime. The concept of crime is the answer to what is the crime, crime which the basic properties of the limit problem, generally between crime and non crime. Crime constitution is further answer the crime to establish, the establishment of the necessary legal elements, which is to solve the specific standards, specifications of crime, is a specific standard between crime and non crime, this crime and other crime.
3 criminal liability has the following characteristics:
(1) mandatory. Criminal responsibility is the legal responsibility to bear criminal enforcement.
(2) the severity. Criminal responsibility is the most serious nature, negative evaluation of the consequences of sanctions, the most intense strictest legal liability.
(3) specificity. Only the criminal liability shall be borne by the person or unit crime, with special properties, non transferable, cannot be replaced.
(4) the applicable. Criminal responsibility is the comprehensive reflection of the facts of the crime, but also realistic criminal law, criminal responsibility for certain penalty provides the basis and standard. Criminal responsibility is confirmed, perpetrators and victims can not be changed.
The link between the 4 criminal responsibility between crime and punishment. The crime determines the presence or absence of criminal responsibility, criminal responsibility in crime, is the inevitable consequences of crime; criminal responsibility and penalty of the pilot, only when the actor shall bear criminal responsibility for the crime to punishment, the. Contact between the two reflected in: (1) there are possibilities decide penalty of criminal responsibility, no criminal responsibility is no penalty. Criminal responsibility is the prerequisite of criminal penalty, the punishment is the criminal responsibility of the consequences. (2) the criminal responsibility of the size is sentenced to penalties standards. The penalty discretion to consider the criminal responsibility of the extent of the crime, do suiting punishment. (3) the penalty is the main form of criminal responsibility. Two different manifestations in: (1) the essence of criminal responsibility is the relationship of the criminal law, the penalty is the object of this kind of rights and obligations. (2) criminal responsibility is the negative evaluation of the state criminal quite abstract, the penalty is a country specific sanctions for offenders. (3) the consequences of criminal responsibility is mainly applicable criminal punishment, but punishment is not the only form of criminal responsibility for consequences, in addition to convicted, the conditions of exemption of the penalty, not the implementation of the original penalty etc., are all forms of application of criminal responsibility.
5 criminal responsibility should answer the offender on what grounds of criminal responsibility, the state on what grounds shall be investigated for criminal responsibility in criminal problems. Including legal facts and philosophical theory according to two aspects:
(1) according to the legal fact. Is the person's behavior with the element of crime. The crime not only determine the criminal responsibility of the matter, and determine the criminal responsibility in the very great degree the amount.
(2) based on the theory of philosophy. In their own initiative or the relative free will commit a crime based on the criminal, crime and social.
The start time of 6 of criminal responsibility, criminal responsibility can be divided into the start time and the start time of the actual criminal responsibility. The former is behavior person committed a crime when; judicial organs will act as a criminal suspect, to prosecute the case of private prosecution, or the private prosecution to the court, the court shall accept the application, is the beginning time people have been held criminally responsible; court of guilty judgment takes legal effect, is the the start time of criminal responsibility behavior. The criminal responsibility of the end of the time, according to the specific circumstances of different. The criminal responsibility of the end of the time, according to the specific circumstances of different. The date of completing the criminal punishment is the criminal responsibility of the end of time; sentenced to probation, criminal responsibility of the end time is the probation period; for not accompanied by a criminal punishment, the people's court verdict of guilty may be exempted from criminal punishment end takes legal effect when it is criminal responsibility; if the behavior of people died in the criminal procedure in the process, unless it is deprived of political rights for life of people, their criminal responsibility generally ended; if the perpetrator is not in accordance with the provisions of the criminal procedure shall be investigated for criminal responsibility, including tell just processing cases, victims do not tell or tell after the withdrawal of the suit, the time from the expiration of the limitation of prosecution, criminal responsibility people should be the end. Criminal responsibility of the criminals once end, in addition to death, it has the right and freedom of citizens to.
To solve the 7 criminal responsibility respectively take the form of:
(1) convicted type. The criminal punishment at the same time give a verdict of guilty.
(2) the conviction from type. The determined guilty but exempted from punishment.
(3) to eliminate processing type. That was the act constitutes a crime, shall bear criminal responsibility and be punished, but the actual resistance existing in the law is for the perpetrator of criminal responsibility of the facts, so that the criminal responsibility to be destroyed, people no longer bear criminal responsibility.
(4) transfer processing type. The foreigners who enjoy diplomatic privileges and immunities applicable.
Five, to discuss the problem
1 "criminal law" thirteenth stipulates: "all the harm state sovereignty, territorial integrity and security, secession, to subvert the people's democratic dictatorship and overthrow the socialist system, the destruction of social order and economic order, property all violations of state property or collective, infringement of citizens' private property, infringement of citizens' personal rights, democratic rights and other rights, and other acts harmful to society, in accordance with the law shall be punished, is a crime, but circumstances are obviously minor and the harm is not great, not deemed a crime." This article is about the concept of crime, the definition of crime form and the combination. This definition not only reveals the nature and legal characteristics of crime, the crime and general illegal behavior distinction, is the scientific summary of the crime of every hue, we also identified basis of crime, crime and non crime division. According to this provision, crime has three basic characteristics: (1) the crime is serious harm the social behavior, with serious social harm; (2) the crime is the behavior which violates the criminal law, criminal illegality; (3) crimes should be punished by the behavior, which has a deserved punishment. The criminal law of our country stipulates the concept of crime is the scientific summary of the connotation and extension of the crime, is the fundamental distinction between crime and non crime. On the one hand, this definition reveals scientifically the social political and legal characteristics of crime, that crime is a serious damage of the socialist social relations protected by the criminal law act, with serious social harm. Social harm is the nature of the crime, it reveals the social and political nature of crime. At the same time the definition also points out the crime must be in accordance with the law should be punished. On the other hand, the definition in this simultaneous qualitative description of crimes and set the quantitative requirements. "Criminal law" the thirteenth "proviso" clearly defined behavior in line with the criminal law about the crime of qualitative description ", if the circumstances are obviously minor and the harm is not great, not deemed a crime", which although has certain social harm and criminal illegality, but circumstances are obviously minor and the harm is not great act excluded.
The 2 constitution of a crime, is in accordance with the provisions of the criminal law, the organic unity of social harmfulness and its degree of a specific behavior and the act constitutes a crime must all the objective and subjective elements of the. The crime has the following features:
(1) the constitution of crime is the sum of a series of subjective and objective elements or organic unity. Any one of the crime constitution includes many elements of chengdu.
(2) any kind of crime can be composed of many facts to illustrate the characteristics, but not every feature in fact are the elements of a crime, only on the behavior of social harmfulness and its degree has the decisive significance established fact characteristics needed for the behavior of crime, crime is crime.
(3) the elements must have crime is regulated by the criminal law, characteristics of facts only after selection to the law become the constitutive elements of the crime.
Significance of constitution of crime for specific performance: (1) to distinguish between crime and non crime. Crime constitution provides clear and specific legal standard to distinguish between crime and non crime. (2) helps to distinguish between this crime and other crime. (3) helps to correct punishment.
Six, case study
1, B and B brother act does not constitute a crime. Crime is a serious social harmfulness behavior. Any act, if not with serious social harm, do not constitute a crime. In this case, B and the younger brother objectively the implemented by threats of violence and lock to retrieve clothing behavior, has certain social harm, but subjectively because unable to recover the debt owed to retrieve the sale of clothing, does not have the purpose of illegal possession, the circumstances of the crime is significant slight, little harm, not should be considered a crime.
2, the act does not constitute a crime. The crime of abducting and trafficking in women and the actor must have betrayed women purpose of profit, while a does not have this illegal purpose, did not execute the kidnapping behavior of women trafficking. A behavior is introduced to others marriage. Although a marriage for the property of others, their behavior has certain social harm, but also in the form of and trafficking in women and have some similarities, but from the overall evaluation is introduced to others, a marriage, and other property for the number of smaller, the bank for the purpose of do not have the necessary provisions trafficking women's crime has subjective sell women's profits, should not be punished for the crime.
3, a certain behavior does not constitute a crime. A car owner B without consent, privately will b a car to go home, this is wrong. However, a no illegal possession of an automobile to B, and the public security organs to catch it when he is on the way, the car back to its place, which fully proved this point. And has subjective illegal possession of property is necessary elements constitute the crime of theft. In addition, a "steal" B a car, did not cause any damage to B a car, do not constitute a crime, such as intentional destruction of property crime of destruction of means of transport and other related crimes. A behavior is wrong, but the plot remarkable slight, little harm, in accordance with the provisions of article thirteenth of the criminal law, do not constitute a crime.
4, Lee's behavior does not constitute a crime. In this case the defendant has subjective illegal possession of the property of the objective, objective implementation of theft of property behavior, their behavior has certain social harm. But throughout the whole case, although Lee theft has reached the required amount of theft of "large amount" standard, but whether the theft of large amount, the only standard boundaries is not distinguish between theft crime and non crime, should also consider other circumstances of crime. According to the November 4, 1998 the Supreme People's court, the Supreme People's Procuratorate "several issues about the specific application of law in the trial of cases of theft of interpretation of the provisions of the fourth paragraph:" first "to steal their belongings or close relatives of the property, in general not handled by crime; criminal responsibilities shall be investigated for indeed necessary, punishment should also be with the community. Distinction." On the one hand, the defendant Li is the uncle does not pay attention while the secret steal property, rather than the break lock, a hole in the wall of digging a hole and other properties of relatively poor means, every stolen property amount is little, the plot remarkable slight; on the other hand, loss of Lee's family to their uncle after the incident as compensation, his uncle, also do not want be Lee's criminal responsibility. So the integration of all circumstances in the case, the plot of Lee's theft is obviously minor, little harm, should not be considered a crime.
5, Zhang behavior does not constitute a crime. According to the provisions of the criminal law, and under the age of 14 young girls to have sex, whether statutory agree, constitute the crime of rape. Therefore, Zhang seems to be a crime. But Zhang although I have at least 14 years of age, but has not reached the age of 16, in the case, the behavior is just a minor sex in love during a consensual. So, in this case in accordance with the provisions of article thirteenth of the criminal law to the proviso, that plot remarkable slight harm is not big, not be considered a crime.
6, the case was caused by the negligence of the B traffic accident, driver a this accident should not bear criminal responsibility. But from a coma B dragged to play when the roadside trees, changed the nature of the behavior of the nature. A in B should recognize that B in extreme danger, and will b dragged into the woods, objectively make B lost was found to rescue the opportunity, so a to B death results take a laissez faire attitude, the subjective form of indirect intention, constituted the crime of intentional homicide.
7, (1) in this case, a labor did not see the little girl in the Sun Valley arena to play the victim, hid in a stack, is unpredictable, so a girl, with iron fork by a behavior is an accident.
(2) a victim died as a result of the criminal responsibility of the crime of intentional homicide, its form is indirect intention. Because from the subjective aspect of the crime, that is a girl of my fork, and the victim down without a sound, is bound to injury not light, had foreseen if not to take timely measures to rescue, may cause harm to the victim's death. However, a fear of taking damage and the behavior of crime, has not yet been around people find, clothes do not know, the victim is dead or wounded take a laissez faire attitude, trying to wriggle out of it. From the crime objective aspect, when a certain due to accidental injury behavior caused dangerous state victim may die, a particular obligations are to prevent the occurrence of harmful consequences, but he based on the psychological factors, not only do not take active measures to rescue, but not even walk away, causing death to the victim by delaying the rescue time. Therefore, a must bear the criminal responsibility of indirect intentional homicide.
 
 
 
The fifth chapter is the object of the crime
A, single choice
1, the object of crime is the embodiment of a ( )
A, B, C material relationship of social interests, interpersonal relationship, social relationship D
2, crime ( ) is the basis for China's criminal law on the crime classification.
A, the similar object B, the general object C, simple object D, the main object
3, the object of the crime refers to the criminal law ( )
Objects of protection of A, crimes against the person or thing. B, C, socialist society interests by the criminal law, crime and social relationships to D
4, the object of the crime is a ()
A, criminal violations of human B, criminal violations of C, criminal behavior in violation of laws and regulations of D, criminal violations of social relationships
5, the object of the crime of endangering national security is ( )
A, the general object B, the similar object C, the direct object, complex object D
6, a theft is the use of telephone lines, the small amount, constitute a breach of radio and television facilities, public telecommunications facilities crime, B a theft on the warehouse telephone line, large amount, constitute the crime of theft. The object violated a, B of a behavior the same charges, but different, the reason is ( )
Nature of the violation of the A, object of crime, crime of amount of different B as a different C, the object of the crime itself may cause harm to different D, different social relations of criminal behavior
7, the object of crime refers to ( )
A B, the object of crime, criminal law protection of social interests C, criminality direct role of specific D, crime directly the role of specific people and objects
8, the crime object, where a crime is a complex object? ( )
A, murder, theft, B C sales have food poisoning D be forgetful of one's duties crime, crime
9, the crime, the object of the crime is simple object has ( )
A B, the crime of intentional homicide, torture to extract confessions of C, D, crime of corruption crime of robbery
Two, multiple choice questions
1, the crime, the object of crime is complex object has ( )
A B, crime of false accusation, crime of intentional homicide, theft of C D, the crime of robbery
2, about the object of crime and crime object representation, right there ( )
A, the object of crime is necessary for some elements of crime, object of crime must be B crime, but crime object is not C, the object of the crime determines the crime, but the crime object is not D, the object of crime is the basis for the classification of crimes
Type 3, object of crime have ( )
A, direct object, indirect object, B C D, the general object of similar objects
The direct object, crime is divided into (4 )
A B, a simple object, complex object C, the general object D, the similar object
5, the following about the crime object representation, is correct ( )
A, the object of crime is the direct effect of harm the social behavior of people or things B, the object of crime is the necessary element of constitution of crime, object of crime is also known as C D, the object of the crime is not all the crime object of the crime of damage
6, the direct object of crime are correct ( )
The direct object of A, refers to a specific crime direct violation object B, any crime is different, can be divided into the direct object of the C simple object and complex object D, some crime is the same
The general object is 7, the crime is correct ( )
A, also known as the common object B, also known as C, is all similar object of crime the violated object D, refers to the protection of the criminal law as a whole of the socialist social relations
Three, terms to explain problems
1, the object of crime
2, the object of crime
The general object 3, crime
The similar object 4, crime
5, the direct object of crime
6, a simple object
7, the complex object
8, the object of crime
Four, short answer questions
1, the important meaning of object of crime.
2, the classification of China's criminal law theory of criminal object.
3 species of the direct object of crime.
4, the characteristics of object of crime.
Five, to discuss the problem
Try the relation and the difference between the crime and the crime object object.
Six, case study
1, the defendant a (Electrical) in the reservoir fishing nets are illegal, the police station B a confiscation, a will bear a grudge, vengeful B. In that B bought a new TV set, he planned to set out B. Appliances other households lights, electric rice cooker burned out.
Ask: what is the object of crime object and behavior of a certain harm the social behavior?
2, a car illegal reselling of cigarette by the administrative authority for Industry and Commerce vehicles freight seizure. The second night, a band knife, pliers, into the business, the implementation of theft, tries to keep his car stolen back. When a is using criminal tools to pry the door, be on duty personnel found. When the duty officer to arrest him, a knife stabbed a personnel on duty.
Ask: what is the object of a theft behaviors violated?
3, the defendant a and B in love, then B a break with a certain relationship. A certain that this is the two step of a B C to provoke induced, and the C a discontent. In order to revenge C A, a late on May 24, 2000 10 when make, with horn cutter into the C a liability to civil strife in citrus trees were cut, destroy citrus tree 120, value 3000 yuan. The court, there are two opinions on a certain behavioral properties: one is that constitute the crime of intentional destruction of property; one is that constitute the crime of sabotaging production and business operation.
Ask: the defendant a actually constitute what crime? Please explain the reason.
The fifth chapter is the object of the crime (the answer)
A, single choice
1.D  2.A 3.C  4.D   5.B  6.D  7.D 8.C 9.A
Two, multiple choice questions
1.AD 2.ABC 3.ACD 4.AB  5.AD 6.ACD 7.CD
Three, term explanation question (omitted)
Four, short answer questions
Has the following 1 important meanings of object of crime:
(1) helps to understand the nature of the crime, the class attribute to solve crimes.
(2) type helps to establish a scientific system of crime, criminal law.
(3) helps to distinguish the boundaries identified the nature of the crime, this crime and other crimes.
(4) the level of social harmfulness is helpful in the evaluation of criminal behavior, correct punishment.
2 of our criminal law theory will be the object of the crime is usually divided into three:
(1) the general object. The object of crime refers to all the common violations, namely whole protected by criminal law of our country's socialist social relations.
(2) the similar object. Refers to the object of a crime of common violations, which is protected by criminal law of our country's socialist social relations of a part or a.
(3) direct object. Refers to a specific crime direct specific socialist social relations, namely some kind of criminal law to protect the concrete social relations.
3 for the direct object of crime types, according to different standards, can have different division.
(1) the number of specific social relations according to the crime direct violation of the object, can be divided into simple and complex object. The so-called simple object, refers to the crime only against a specific social relations, such as murder is against the personal rights of citizens. The so-called complex object, refers to the kind of crime and infringement of two or more than two kinds of concrete social relations, such as robbery, both violates the public and private ownership of property, but also against the personal rights of citizens.
(2) according to the degree of importance of the direct object in the crime, can be divided into the main object and secondary object. The main object, means more than a social relational victimization and in this kind of crime, criminal law focuses on the protection of social relations, that is to say, the relationship between the legislators pay more attention to the. The so-called secondary object, refers to the crime more than a social relationship at the same time violation, not criminal law focuses on the protection of social relations.
4 the object of crime refers to the concrete people or things the crime criminal law provisions for direct acting. It has the following characteristics:
(1) the object of crime is the concrete people or things.
(2) the object of the crime is the criminal law of people or things.
(3) the object of crime is the crime or the direct effect of the people.
Five, to discuss the problem
The object of the crime and the crime object is two have connection already distinguishing concept. 
The object of the crime and the crime object relation is that: as the concrete object of crime as the specific social relations of the object of the crime of material performance; as a specific crime object is assumed as a specific social relations of the object of the crime. Generally speaking, the object of the crime is always the object of crime some manifestation of its existence, namely the criminal act is the object of crime is the specific objects or specific people to violate certain social relations.
The difference between crime object and crime object is mainly manifested in the following aspects: 
(1) the object of the crime determines the nature of the crime, the object of crime is not. The analysis of a case, single look from the object of crime, crime is not clear, only through the object of crime embodies the social relationship that is the object of the crime, in order to determine some acts constitute what crime.
(2) the object of the crime is a necessary element of any crime, the object of crime is not any crime is indispensable, it is only a necessary condition of some crimes.
(3) any crimes will make the object of the crime is endangered, but the crime object is not necessarily compromised.
(4) the object of the crime is the basis for the classification of crimes, the crime object is not. Because the object of the crime is a necessary element of a crime, the nature and scope of its foundation is determined, so it can become the crime classification. Ten kinds of crime stipulated in China's criminal law, it is mainly to the crime of the same object as the standard to divide. If the object of the crime is not classified. The object of the crime is not a crime requirement, which in the different crime may be the same; in the same crime, it can also be different because the object of the crime is uncertain in some crime, crime and a few even without crime object, so it can't be the classification of crimes.
(5) the object of the crime is a specific person or thing, so it can be with the human sense organs to perceive; the object of the crime is the life right, property right, public security and so on people's thinking to the concept of things, the two have the concrete and the abstract difference.
Six, case study
1, a certain harm the social behavior of the object of the crime is the public security protection by the criminal law in our country. The object of crime is a television set B. (1) a subjective is to destroy B a TV set, but he as electrician, implement fully aware of their behavior not only cause the destruction of TV consequences, may also cause other serious harm the public safety results. So a certain acts are acts of endangering public security. (2) a particular implementation of the acts of endangering public security, this kind of behavior has caused many households property damage, and have threatened unspecified person's personal and property safety, rather than B a were the family's personal and property safety. A certain behavior has the characteristics of endangering public security by other dangerous means, shall be convicted and punished according to the crime of endangering public safety.
The object violated theft behaviors, a 2 is the ownership of public property. According to the provisions of article ninety-first of the criminal law, in the state organs in the management of private property, public property theory. Involved in the case of automobile is a all, but it is in the state organ legal custody, belonging to the state organs in the management of private property, should be based on public property. A theft of their all, seized national authorities in accordance with law, in fact is a violation of the ownership of the common property, have already constituted theft. A in the implementation of theft, to resist arrest and the use of violence, its behavior already to robbery, so the object infringed theft behaviors of complicated object, namely the ownership and others public property rights.
3, the defendant a constitute the crime of sabotaging production and business operation. Intentional destruction of property crimes and the crime of sabotaging production and business operation is the crime of property violation, but the direct object the difference. The direct object of the crime of intentional destruction of property ownership is the property of others, the direct object of crime of sabotaging production and business operation is the country, collective, other social organizations or individuals of the production and business operation activities. In this case a retaliation for the C A, C a responsibility to destroy citrus tree, is not purely on destruction of property act, but to destroy C a production and business activities, and so should be based on the crime of sabotaging production and business operation on a conviction and punishment.