Criminal law exercises 3

The sixth chapter of the objective aspect of crime
A, single choice
1, a 4 year old child with a neighbor B go swimming in the river, because there is no take good care of the children, and finally B died in the river drowned. A will be not as the criminal responsibility. A the sources of obligation of negative crime is ( )
Direct regulation of A, B, legal cause job or business requirements C, legal obligations of D, previously act
2, the speech, whether to convict ( )
A, made the remarks just expose thought, not dangerous act in criminal law, so cannot be convicted B, speech is a behavior, C, can be convicted of speech should be analyzed, such as: harmful comments should be convicted, and should not be convicted, although D published harmless or harmful comments, but only when exposed to ideas, not harm behavior in the criminal law
Complex 3, the causal relationship between the mean ( )
A, causal relationship and causality in B, direct causal relationship and hit the causality between C, a result of more fruit and fruit because D, as the causal relationship between crime and the causal relationship of the nonfeasance crime
4, a and B C B free love, father firmly opposed, on B repeatedly insulting, and carries on the watch, don't B and a meeting, to B Dutch act. Here as the cause of criminal law causality is ( )
Dutch act behavior of A, C of the violence of interference in the freedom of marriage behavior of B, B, C C violence of interference in the freedom of marriage behavior and B Dutch act behavior of D, are not
5, to distinguish between similar objects of the same crime is based mainly on the crime ( )
A, object B, objective elements, subject, subjective elements of D C
6, in general, choose the objective elements of crime includes ( )
A, crime, crime results in B, the motive for the crime, criminal objective C, criminal intention, criminal negligence crime D, time, place and method of
7, by not only as a form of crime ( )
A, B, C of robbery crime of abandonment, the crime of kidnapping crime, blackmail and impose exactions on D
Including the form of harm behavior of 8, China's criminal law's ( )
A, B, negligence, intentional act, non action, as C, not as D, hold, as, not as
The causality between the 9, the meaning of the criminal law refers to ( )
A, objective behavior and the subjective attitude of the link between B, the objective elements and subjective elements of the link between B, the objective elements and subjective elements of the link between C, harm behavior and harm result link between D, behavior and the relationship between
10, the criminal law causal relationship is between the person harm behavior and harm result ( )
A, B, and surface caused by C, the general contact D, widespread contact
11, the following about causality in criminal law and criminal liability claim, right there ( )
A, the causal relationship is the objective basis of solving criminal responsibility B, causality is the only means to determine the criminal responsibility of the C, the causal relationship is to solve the criminal responsibility of the subjective basis of D, the causal relationship is the main basis reflects the subjective and objective principles of criminal responsibility of the same
12, the result of harm society status in composition of crime is ( )
Essential elements of A, all necessary elements of crime, crime of some B C, any crime choice elements D, can only be considered as the plot
13, in the following cases, has the meaning of criminal law harm behavior are: ( )
A, a primary role because of mental illness to death of her husband B, warehouse keeper a gangster binding and blocking it, see the huge amount of substance C, stole a sleepwalking injured pedestrian D, night on their way on the bus a secret steal neighbor wallet, there are 2000 yuan
14, not as a crime form of crime in the behavior of people is: ()
A, be a fault B, can not be a fault C, is only intent D, may not be deliberately
15, the following crimes, by not only as a form of crime ( )
A B, crime of false accusation, abandoned sick servicemen sin C, coercive indecency women crime, the crime of sabotaging means of transportation D
Two, multiple choice questions
The elements of the 1, the objective aspect of crime can be divided into ( )
A based elements, B, C prerequisites, the necessary condition for D, selection conditions
2, harm result meaning in the criminal law (including )
A, accomplished and attempted to distinguish between the boundaries of B, the distinction between this crime and other crime, felony and misdemeanor C distinguish the boundaries of D, distinguish crime from non crime
3, to a specific purpose as essential elements of constitution of crime is a crime ( )
A, smuggling obscene goods crime of spreading obscene articles B, C, crime of fraud, embezzlement of D
4, the following of the objective aspect of crime story, right there ( )
A, constitutive elements of crime is necessary for all B, refers to the C, the constitution of crime in criminal law must have the objective direction including harm behavior, damage results, causality, time, location, methods such as D, can be divided into two categories, the necessary conditions and selection of elements
The objective aspect of crime, including (5 )
A, B, C harmful behavior harm, harm behavior and harm result causal D, crime time, place and method of
6, which of the following crimes can be composed as a way, can also be composed of omission? ( )
A B, the crime of intentional homicide, explosion of C, D, fraud crime of abandonment
7, the following acts, which constitute a crime? ( )
A, the parents of the children not duty, the parents starved B, passers-by saw the drowning child is not saved, causing the child drowned C, adults with children with a neighbor to go swimming, children from drowning, a discovery can help but not rescue, so that the children drowned D, a working not on time switch, resulting in the train collision
8, about the act of omission is correct (paper )
A, behavior because they fail to perform their obligations and constitute the crime of abandonment, the command standard belongs to pure is not as committed B, behavior of people in a negative body action which violates the criminal law and constitutes a crime, belongs to pure is not as committed in violation of the criminal law of C, with a negative body movement of the prohibitive norms of crime of, is not pure is not as committed to D, the behavior of human body movement is negative or positive, is relative to the command code, criminal law prohibiting norms. Therefore, the behavior person to fly a plane to escape military service in wartime, constitute the crime of escape military service, is still not as committed
9, the following is true about the causal argument ( )
A, causality is a kind of objective relations, its existence and the subjective can anticipate independent B, causal relation, behavior person shall bear criminal responsibility for the results of the C, a harmful result not from a number of harmful behavior caused by D, the behavior intervention third or victims behavior that occurs between the behavior and result, people's behavior when there can be no causal relationship
10, which of the following can be identified as a causal relationship? ( )
A, a to B is killed in a traffic accident, sponsored B by plane to travel around the world, B is on the way met B, a plane crash killed for their daughter was raped and killed in revenge, in the way the criminal escorted to an execution ground, take people unprepared the criminals hacked C, a knife stabbed B one, to the hospital, B for treatment died D, a knife stabbed B, was located in the mountains, a back B go two days and two nights just to the nearest hospital, to the hospital, B was due to excessive bleeding to death
11, a hospital, a physician, in patient B treatment, quarrel with family members of patients after onset, patient, a patient's family all indifferent, a cry, said: "you usually not what all understand? Come to me why now?" Results the patients died of the complication of B a. For a certain behavior ( )
A, a certain behavior should be criticized education B, a certain behavior is not as the crime of intentional homicide, a C behavior is due to noisy family members of patients caused by death, B should be family and a shared responsibility of D, a to B a death shall bear criminal responsibility
Three, terms to explain problems
1, the objective aspect of crime
2, risk behavior
3, as
4, not as
5, as a result of
6, non results
Four, short answer questions
1, the characteristics of the objective aspect of the crime.
2, the establishment condition not as a source of crime and specific obligation.
3, how to understand the consequences of criminal law in China?
4, how to understand the dangerous act in criminal law?
Five, to discuss the problem
1, the objective aspect of the crime significance.
2, test regulations on material harm as a result of the criminal law of our country and its significance.
3, how to understand the causal relationship between behavior and harmful results?
Six, case study
1, the defendant a, on a June 18th morning 9 when, with 5 children to go out to play, a child B walk in the back of a (4 years old) falls into the septic tank. A sees be thrown into a panic, but refused to jump into the septic tank in the rescue, only to pedestrians yelling. At this time, there is a middle school student c a (male, 16 years) pass by here, after Wensheng immediately went to the septic tank side to watch, and with the nail in the vicinity of a small bamboo, probing depth measured septic tanks, water depth of about 75 cm (semi deep), but a, C two per capita refused to jump into the septic tank rescue, when the children rescued, at that time already late, had stopped breathing.
Excuse me: (1) a should be investigated for criminal responsibility, why?
(2) on C A should be how to deal with?
2, the defendant a, in late June 30, 1994 after drinking home, for trifles and his wife quarrel fight. B said: "every two or three days noisy, is more dead than alive." The defendant a said: "you will die." After B to hang, looking for hanging with stool, a call to the neighbor C B admonished. Propylene was gone, the defendant and his wife shouted again a tussle. B went to look for a hanging tool, realized B to himself, no not discouraged, when they hear the sound when the stool, just start to turn the past, see the wife B hanging in the door frame, but he has not taken effective measures or shout neighbor, but left the scene to a to foreign parents to inform their parents. For a certain family arrived, B has been unable to save. Prosecutors charged that the defendant, a system with specific obligations of people, to see his wife hanging and laissez faire attitude, causing his wife committed suicide, his behavior constituted not as a crime of intentional homicide, but if the circumstances are relatively minor, submitted to the people's court sentenced to. The defense argued that the defendant is not implemented, a murder, a pair of his wife's death did specific obligations assistance, not as a crime, with a has no intention to kill a, B should not be responsible for the death of the.
Ask: the defendant a certain whether constitutes the crime of intentional homicide? It has no assistance obligations as a wife?
3, the morning of September 20th, a riding a motorcycle in the City Park South Zhongshan civil electric appliance trade center on the sidewalk in front of the door. Tricycle workers B (male, 60 years of age) for the trade center pull goods, pedal to the trade center door, think "out of the way", the defendant a motorcycle away, not moving, in an argument, is knocked down a motorcycle, is playing with the right hand on the left breast and a B fist, B fall on his back in the side of the road, "immediately" stretched out arm, leg, mouth ", help people, a B sent to hospital. B after rescue invalid death. The autopsy report: (1) the B with a highly vascular sclerosis, dissecting aneurysm formation rupture, which caused the death of cerebral hemorrhage. (2) with intradermal hemorrhage dead on the left chest, by boxing injury situation. This boxing can make the dissecting aneurysm rupture.
Excuse me:
(1) there is no causal relationship between a certain behavior and B's death?
(2) a certain whether to bear the criminal responsibility?
4, a desire to kill B. One day at 3 in the morning, a in B bedroom into gas, on the morning of 10, B was found dead, but after the forensic identification, B of the time of death in 9 hours ago, the cause of death was a heart attack. In the case of processing, to a behavior qualitative differences: a suggestion that a crime accomplished, because a subjective intent is to kill B, and objective and subjective appeared on the harm results will match. According to another view, a crime of intentional homicide attempt.
Excuse me: that opinion is correct? Explain the reason.
The sixth chapter of the objective aspect of crime (the answer)
A, single choice
1.D  2.D  3.C  4.A   5.B  6.D  7.B 8.C 9.C 10.B
11.A 12.B 13.D 14.A  15.B
Two, multiple choice questions
1.CD 2.ABCD 3.ACD 4.ABCD  5.ABD 6.AB 7.ACD  8.ABCD
9.AC  10.BCD 11.BD
Three, term explanation question (omitted)
Four, short answer questions
The objective aspect of crime has the following features: 1:
Objective (1). The objective aspect of crime is the external manifestation of human activities, with properties being direct perception.
(2) diversity. Elements of the four aspects of the constitution of crime, the objective aspect of crime is the most complex, diverse content.
(3) legal. Objective requisites to constitute a crime must be a criminal law expressly.
2 not as a crime refers to conditions:
(1) the behavior has the specific legal duty to carry out a certain behavior.
(2) the act had actually may perform specific obligations of non performance.
(3) the inaction of the doer has serious social harm.
Not as a source of specific obligations generally has four aspects: one is from the law, but only when prescribed by other laws, regulations and obligations become the norm of criminal law to fulfill the obligations required, it is not as a legal obligation according to; two are from the job or business requirements; three is from the legal act obligations; four are from human behavior has caused some harm result the advance behavior dangerous obligations arising from.
3 according to the provisions of the criminal law and the relevant criminal law theory, the criminal law sense of the harm result has broad and narrow sense. The so-called generalized harm result, is all the social damage refers to the damage caused by the behavior of people. Generalized harm result of two types: (1) the results of direct and indirect. A direct result, is directly caused by harmful acts of infringement fact, between it and the harm behavior does not exist a phenomenon independent as intermediary. Indirect result, is directly caused by harmful acts of infringement fact, between it and the harm behavior is another phenomenon independent as intermediary between. (2) the results of the elements of constitutive elements of crime and non crime. Requisites to constitute a crime, is refers to the provisions of the criminal law provisions, the establishment of a specific harm results accomplished crime must have. Non constitute elements of the results, is refers to the harmful behavior caused by criminal elements outside of the degree, the size of the social harm harm result influence behavior. The so-called narrow harm result, is referred to as the criminal elements of the results, it is the direct object of damage.
The actual needs of conviction from the judicial practice, the narrow harm result can be further divided into tangible, could be the result of material damage specific measurement determined and cannot determine the specific measurement of invisible, non-material harm result. Physical harm result, refers to the phenomenon of damage form is material change. Immaterial harm result, refers to the phenomenon of damage form is non physical change.
4 harm behavior, refers to the performance of the human will or consciousness, harm the social behavior. According to the above definition, harm behavior has the following two aspects: firstly, the harm behavior is harmful to the society in legal behavior. Secondly, the harm behavior is the behavior of human consciousness and will dominated behavior. Because only in this way can harm behavior, by the criminal law and criminal law to adjust to achieve the intended purpose. Because the harm behavior is a product of consciousness and the will of the people, so no consciousness and no will of body movement, even if objectively caused damage, also is not the meaning of the criminal law behavior, and therefore can not be identified such act constitutes a crime. Many kinds of harm behavior in the criminal law theory of criminal law will harm behavior diversity, summarized kinds of two basic types, namely the omission as.
Five, to discuss the problem
Objective 1 to study the crime, is of great significance to the conviction and sentencing.
(1) limits helps to distinguish between crime and non crime. For all the crimes, criminal behavior or not, is an important symbol to distinguish crime and non crime; for some crime, harm result. The specific behavior of time. The place and the method (method) with and without, it is also an important symbol to distinguish crime and non crime.
(2) helps to distinguish between this crime and other crime and crime completed and unfinished form boundaries. Many crimes in China's criminal law is the same in the subject and object elements and elements, in the subjective aspect is the same or substantially the same, legal reason for their provisions for different crimes, mainly is the objective elements of crime based on different.
(3) the subjective elements contribute to a correct analysis and determination of the crime. The subjective aspect of crime control objective aspect of crime, the objective aspect of crime is the objective subjective aspect of the crime is objective, criminal intent crime can be achieved only through. Therefore, the objective elements of crime, crime subjective element can be correctly determined in sins. Motivation. The purpose of such content, provide objective basis and reliable.
(4) helps to correct sentencing. Different crime, some crime is belong to different crime, the provisions of different penalty, is mainly due to the different elements of the objective aspect and affect the different degree of social harm them.
Provisions on the physical harm as a result of our country criminal law 2 generally have the following situation, reflects the harm results of different meaning in different crime:
(1) physical harm to the damage to the direct object as the standard of accomplishment of crime. Such as the crime of intentional homicide in the death of the victim as the standard of accomplishment; crime of theft, fraud, blackmail and impose exactions on the crime of illegal possession of public or private property is the standard of accomplishment, if the implementation of the crime without specific results, but constitutes a crime.
(2) to the results of physical harm serious as standard to distinguish crime and non crime. As in the criminal law of our country all criminal negligence, are required to set up legal consequences caused serious.
(3) the standard risk to a particular physical harm result as the accomplishment of a crime or a crime. As prescribed in article 116 of criminal law, train, car, tram, destruction of ships, aircraft, train, car, tram to ships, aircraft, danger of overturning or being destroyed, causing no serious consequences, constitute the crime of sabotaging means of transportation of accomplishment.
(4) physical harm result severity as suitable weight different legal punishment amplitude standard. Such as the article 234Th of the criminal law of the crime of intentional injury, is according to the injury were divided into normal damage, injury, death and induced by especially cruel means injuries four cases, and respectively specified the weight different sentencing range.
So therefore, material legal harm results without and weight, is one of the important factors determining the extent of the damage and reflect the behavior, it is in our country's criminal law in the conviction and sentencing is very important.
Mainly from 3 for criminal harm behavior and harm of the causal relationship between the following aspects:
(1) the objectivity of causality. The causal relationship between the relationship as an objective phenomenon caused by, is independent of man's will and objective existence. There is no causal relationship can only be judged according to the objective connection between phenomena, not at the behavior of people do not realize your behavior will cause some harm result and deny its existence, not because of its assumptions exist.
(2) the relative causality. All the things in the world are universal relation and mutual restraint "chain", a phenomenon is a phenomenon of the results, it can be the reason of another phenomenon. Therefore, to determine which is the reason for which is the result, must put one on the phenomenon which extracted from the universal relations, isolated inspects them. As to which the phenomenon should be pulled out from the study, purpose and object depends on the. Because of the causality in criminal law purpose, is to solve the behavior person to harm results occur should bear criminal responsibility, so the study of the causal relationship, only between harm behavior and harm result of causal relationship. Therefore, some legal acts, natural forces, and as a result does not belong to the category of causality in criminal law.
(3) the time series of causality. Time series of causality, refers to the occurrence of the time, the reason in the front, result in, could not exist on the reason for the results. Therefore, the implementation of the harm behavior as the reason, harm results before as a result of. This tells us, causes to harm behavior only before the harmful consequences of. If someone's behavior is implemented after the occurrence of harmful consequences, obviously there is no causal relationship between the behavior and harm result.
(4) conditioned causality and concrete. Human behavior cannot be beyond time and space and isolated existence and development; human behavior cause certain harm result, process is always the same time, the location and other conditions, combining interaction. A kind of behavior may not cause a harmful results in general, but in specific circumstances, under certain conditions, it may cause some harm result. Therefore, investigation of someone's behavior with a causal relationship between the harmful results, specific conditions can not be divorced from the case of isolated at behavior itself, but should be comprehensively considered harmful behavior of the implementation of the time, place, condition specific circumstances, otherwise, difficult to ascertain causality.
(5) the complexity of the causal relationship. On the criminal law causality causality and the philosophy relations are the same as the complexity and diversity of the. The main manifestations of the complexity and diversity as a result of more fruit and a fruit. A result of more fruit, which is a harmful act also cause a variety of outcome. A fruit, refers to the multiple causes a harm results occur.
(6) necessarily causal and accidental contact problem. In reality, the causal relationship between the general performance of the internal relationship of , inevitable, in line with the laws of cause and result between a pair of phenomenon. This connection is called causal relationship, it is a causal relationship between basic and main forms. But the natural and social phenomenon is very complicated, causality is no exception, from the relationship between causality and regularity of point of view, a possible causal relationship is general and inevitable, that might be of significance, but may also is not the general contact, also not necessarily linked, but single and accidental contact. This single and accidental contact, also known as the accidental causality, refers to a necessity of conduct itself does not contain some harmful results, but in the course of its development, accidental and other reasons to join them, or occasionally with another deployment are staggered, by this reason later, in accord with the laws of the harm caused by the situation. Fortuitous causality usually have certain significance for sentencing. Fortuitous causal relationship sometimes of conviction and not also have a certain effect.
(7) the causal relationship of the nonfeasance crime. Not as a causal relationship between the behavior and harm result is objective existence, rather than the legal fiction. In the case of omissions, the actor has a certain act to prevent specific obligations or prevent the occurrence of harmful consequences, but not the kind of behavior, so that the harm results occur, if the behavior of people to perform certain duties, harm result will not occur, therefore, human behavior is not as harmful consequences the.
(8) causality and criminal responsibility. Study and determine someone's behavior and harm result has no causal relationship, to solve this behavior for the harm result should bear criminal responsibility, has important significance. Of course, the causal relationship between this is not to say that the behavior and harm result, behavior person should bear criminal responsibility. To make the behavior of people bear criminal responsibility for harm result, but also have the subjective intent or negligence. Otherwise, the causal relationship between behavior and harmful results even, still can not constitute a crime and its criminal responsibility.
Six, case study
1, (1) to a criminal responsibility. A as a teacher for children, to protect the safety of children and rescuing children have the obligation of life, the ability to perform the duties, a not fulfilled, cause cheeper B a result of death. A certain act in line with the omission crime tenable condition, so the response she shall be investigated for criminal responsibility.
(2) a student C from ruin is only a moral issue, he should not be investigated for criminal responsibility.
2, the defendant shall have the obligation to help a wife, the omission constitutes the crime of intentional homicide. A laissez faire attitude to his wife in B hanged himself before, had a quarrel with his wife tussle, when the wife said "every two or three days noisy, is more dead than alive", Jia said "you die", stimulus B. A this behavior is wrong, the wife hanging, belonging to the cause as antecedent act obligation, occurrence of the wife of a hanged himself bears the duty to prevent the. So when his wife Dutch act in the home when only two people of husband and wife, a is undoubtedly bears a certain duty person. From the subjective point of view, when his wife B for hanging tool again, he is aware of, and conditions have the ability to prevent his wife hanging; when his wife to the stool over, a certain is that, when the defendant can also be taken to rescue measures. A certain in the knowledge that his wife B hanging sometimes not treatment caused the death, with intentional homicide intentionally subjective elements. Therefore, the defendant should be in a manslaughter conviction and punishment.
3, (1) a causal relationship between a and B the behavior of a death. There is no causal relationship, can only be judged according to the objective connections between things, but not to the subjective understanding to whether transfer.
(2) a deliberately hurt (lethal) should bear criminal responsibility of crime.
4, a will be attempted intentional homicide responsibility. Having no criminal causality between the first and the second death poison, so a to B to death as a result of lack of objective basis of criminal responsibility. When the harm result, causality in criminal law is the objective foundation behavior person responsible for the criminal responsibility of the results. In this case, a while the subjective is hope B killed, but in fact, B of death is not caused by the poison armor, but his heart attack caused by B, so a negative crime of intentional homicide crime responsibility.