The seventh chapter is the subject of crime
A, single choice
1, according to the provisions of the "criminal law", has over 14 years of age under the age of 16, to cope with the following (  The crime of criminal responsibility).
A, theft B, manufacturing of narcotic drugs C, rape  D, destruction of means of transport
In 2, a 13 years old robbed 2000 yuan worth of goods, at 15 years of age robbed 8500 yuan worth of goods, at 17 years of age and robbed 4000 yuan worth of goods. In investigating criminal responsibility of the armor, calculate the amount should be (robbery  ).
A, 14500 yuan  B, 12500 yuan  C, 9500 yuan  D, 4000 yuan
3, Jia was born on March 5, 1984, to (  It has been 14 years old).
A, March 4, 1998  B, March 5, 1998 C, March 6, 1998 D, March 5, 1997
4, the provisions of criminal law in our country, has reached the age of 14 people under the age of 18 crimes: ()
A, shall be given a lighter or mitigated punishment
B, shall be reduced or exempted from punishment
C, can be reduced or exempted from punishment
D, may be given a lighter or mitigated punishment
5, unit crime which one is wrong?
A, the subject of crime of credit card fraud may be the unit, but the subject of fraud crime of loan can only be a natural person
B, the administrative organ may become the subject of unit crime
C, does not have the legal person status of private enterprise cannot become the subject of unit crime
D, the study on enterprise leadership collective decision and implementation of the stealing electricity behavior, can set up the unit crime, but not the unit shall be sentenced to a fine, only to punish the unit leadership to make the decision and direct responsibility personnel act
6, the following persons, because of mental factors and do not bear criminal responsibility is ()
A, no complete loss of mental patients to recognize or control his own conduct ability B, intermittent mental patients
C, deaf and dumb people     Pathological drunken man D, completely unable to recognize ability
7, the criminal code eighteenth provisions of the third paragraph: "the mental patient has not completely lost the ability to recognize or control his own conduct crime, shall bear criminal responsibility, but (   ) punishment.
A, may be given a lighter or mitigated  B, shall be given a lighter or mitigated
C, can be mitigated or waived   D, it should be to reduce or waive
8, according to the provisions of the criminal law of China, the following behavior, 15 years of age shall bear criminal responsibility is ()
A, the crime of rape        B, the crime of kidnapping   C, flooding the crime        D, snatch crime
The subject of the crime of robbery is (9      )
A, at least the general subject for more than 14 years of age  B, at least the general subject for more than 16 years of ageC, aged 14 years or more special subject    D, aged 16 years or more special subject
10 natural person, the criminal law of our country stipulates the minimum age of criminal responsibility is ()
A, has over 14 years of age         
B, were 14 and 16 years of age
C, has over 16 years of age         
D, has over 18 years of age
11, the natural person crime refers to the subject (    )
A, endangering social behavior
B, all reached the age of criminal responsibility
C, all has the ability of criminal responsibility
D, the implementation of the harm the social behavior, and has the capacity of criminal responsibility, reached the age of criminal responsibility
12, a drunken driving his car, speeding caused 4 pedestrian deaths, this result (a   ).
A, can bear criminal responsibility
B, may be given a lighter or mitigated punishment
C, shall be given a lighter punishment
D, shall bear criminal responsibility
13, the age of criminal responsibility should be (calculation method   ).
A, according to the lunar calendar date calculation
B, from the birthday second day run for one full year
C, from the birthday date for one full year
D, from the birthday the day before the date for one full year
14, in the crime, the subject of crime is special is (       ).
A, a major liability accident crime
B, the crime of causing traffic casualties
C, arson
D, the crime of sabotaging means of transportation
15, a deaf mute or blind person who commits a crime (      ).
A, may be given a lighter punishment
B, shall be given a lighter, mitigated punishment
C, may be given a lighter or mitigated punishment
D, may be given a lighter, mitigated punishment or be exempted from punishment
Two, multiple choice questions
1, Chen (15 years old) because like computers, computer components in one day late into the theft of a company value of 3 yuan (after the incident had been recovered). We asked for Chen, should be how to deal with?        )
A, shall be investigated for criminal responsibility
B, no criminal responsibility
C, a lighter, mitigated punishment
D, ordered his parents to discipline
2, to which of the following situations shall be investigated for criminal responsibility (?       )
A, 15 years old, in the affray in death
B, 15 years of age by illegal detention of a person to use violence cause disability
C, 15 years old with 8000 grams of heroin trafficking
D, 15 years old, the use of violence carnal knowledge of a child
3, the manager of the company (corporate Private Companies) overseas use of foreign exchange in convenient, and foreign trade, foreign currency payment will be paid millions do not remit to the domestic, manager Ding constitutes and accurate interpretation of evasion crime is (        ).
A, the manager as the subject of natural person constitute the subject of this crime
B, if the company of unit crime, punish the manager
C, the company owned units, can constitute the subject of this crime
D, the company is the subject of this crime
4, with the following options which circumstances, the court of criminal punishment? (          )
A, due to unforeseen or irresistible causes damage results
B, preparation tool for crime
C, deaf and dumb people crime
D, under 18 years of age the crime
5, the provisions of the criminal law subject of unit crime include ()
A, Inc.
B, enterprise
C, business unit
D, the state organs
6, limit the ability of criminal responsibility, including ( )
A has over 14 years of age, minors under the age of 18
B, deaf and dumb people
C, the blind
D, has not completely lost the ability of identification and control of mental patients
7, factors causing the behavior person has (without ability of responsibility  )
A, people have not yet reached the age of criminal responsibility
B, behavior of deaf and dumb
C, behavior person is drunk people
D, behavior of mental illness
8, the full 14 people under the age of 16 in which one of the following: (criminal responsibility )
A, intentional injury causing serious injury
B, drug trafficking
C, crime of throwing dangerous substance
D, the crime of kidnapping
9, a mentally ill, because of trifles and B dispute, then take an iron will b killed. After identification, a limited capacity for criminal responsibility. (       )
A, constitute a crime of intentional homicide
B, a form of intentional injury crime (to death)
On a C, may be given a lighter or mitigated punishment;
D, a do not bear criminal responsibility
10, in which case shall be investigated for criminal responsibility (        ) 
A, 15 years old, in the affray in death
B, 15 years of age by illegal detention of a person to use violence cause disability
C, 15 years old with 8000 grams of heroin trafficking
D, 15 years old, the use of violence carnal knowledge of a child
Three, term explanation
1, the ability of criminal responsibility
2, the age of criminal responsibility
3, the unit crime
4, the legal status
5, the subject of crime
6, the relative without capacity of criminal responsibility
7, reduce the capacity of criminal responsibility
Four, short answer questions
1, China's criminal law on the age of criminal responsibility is provided?
Regulations on juvenile crime punishment in criminal law of China, 2.
3, the special status of subject of crime which classification?
4, how to understand the unit crime and punishment principle?
What are the 5 factors, impact of criminal responsibility?
What are the 6 types of subject of crime, the special identity?
Provisions on criminal responsibility of mental disorder were 7, the criminal law of our country.
Five, to discuss the problem    
1, discusses the influence factors of the capacity of criminal responsibility.
2, how to understand the relationship between identification and control ability of criminal responsibility?
3, discuss the unit crime stipulated in the criminal law of our country.
Six, case study
1, the defendant Dingmou, female, 15 years old. Ding one day riding a bike to go home, to a sloping road, because the speed quickly, hit the same direction Lee left left. Ding Cong fell off the bike, Li down under him. Li Ding is taken to hospital. But Li Yin, head injury, after the rescue invalid, died the same day. Ding Mou should bear criminal responsibility for their actions? Why?
2, Wang Mou of the accused person, male, born 29 June 1984, without industry. In March 9, 1998, highway robbery after work, women, grabbed the cash 200 yuan; in August 25, 1999, the computer, the value of 6500 yuan; in December 20, 1999 the school two days of female students to Ding the rape; July 12, 2000, fraud of migrant workers more than 3600 yuan. Q: Wang which behavior of criminal responsibility?
3, a female, on 8 May, 1986, a middle school student. June 20, 2000 came home in the afternoon, the classmate B ride a bike behind the oncoming. A to B a joke, while B ride to my side, rear wheel will be a rope into the B bicycle. Results the wheel was winding, B bicycle fell to the ground, has fallen down, head, immediately coma. A rushed to the nearest hospital for help, but has the brain by external strong vibration, craniocerebral injury, rescue invalid death. Ask for a should be how to deal with?
The seventh chapter is the subject of crime (the answer)
A, single choice
1, C2, B3, C, 4, A5, A or D6, D7, A8, A9, A10, A 11, D12, D13, B14, A15, D
Two, multiple choice questions
1, BD2, ABCD3, AD4, BC5, ABCD
  6, ABCD7, AD  8, ABC9, AC10, ABCD
Three, term explanation (omitted)
Four, short answer questions
1, China's criminal law on the age of criminal responsibility is provided?
(1) the age of criminal responsibility, usually refers to the provisions of the criminal law, criminal responsibility must reach the age of crime act prohibited by the implementation of their criminal law. The criminal law of our country will be divided into the age of criminal responsibility into 3 periods, namely no responsibility age, relative responsibility age period, fully responsible age. The full 16 years of age who commits a crime, he shall bear criminal responsibility, was completely negative phase of the age of criminal responsibility; over 14 years of age under 16 years of age, the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, poisoning crime, shall bear criminal responsibility negative phase, as the relative age of criminal responsibility; under the age of 14 No matter what the implementation of harm the social behavior, do not bear criminal responsibility, is not a negative phase of the age of criminal responsibility; the full 14 years of age under the age of 18 crimes, shall be given a lighter or mitigated punishment, lenient punishment for ages. In addition, in the fourth section seventeenth of the criminal law also stipulates: "under sixteen years of age are not subject to criminal punishment, his parents or guardian shall be ordered to discipline; when necessary, can also be taken in by the government".
Regulations on juvenile crime punishment in criminal law of China, 2.
(1) the principle of lenient punishment. For the full 14 years of age under the age of 18 crimes, shall be given a lighter or mitigated punishment. That is to say, the full 14 years of age under 18 years of age is a legal must be lenient punishment plot. As it is lighter and lighter relieve or reduce the amplitude, the judicial authorities according to the specific case. 
(2) do not apply the death penalty principle. Criminal law forty-ninth stipulation: when he committed the crime under the age of 18 do not apply the death penalty. Here said the "death penalty" refers to not allow the death penalty, not to say "not executed", also is not to say, over 18 years of age and decision, execution, this is a principle. In addition, according to the provisions in the fourth paragraph of the penal code of seventeenth, under 16 years of age is not punished, his parents or guardian shall be ordered to discipline; when necessary, can also be taken in by the government. Causing economic losses to others, the parents or guardians of minors should be responsible for compensation.
3, the special status of subject of crime which classification?
(1) from the mode of formation can be divided into legal status and nature of identity. The natural identity, refers to a person because of natural factors and the formation of the identity given by. Legal status, which is formed by law based on identity.
(2) according to the nature and effects of special status of subject of crime on criminal responsibility, divided into the conviction and sentencing status. The conviction, that decides the existence of criminal responsibility identity, also known as the elements of the crime of identity. This identity is the essential elements of a certain crime subject element, the lack of this identity, subject of crime elements do not have, so that no to form the specific crime. Sentencing status, namely the influence degree of the identity of the criminal responsibility, also known as the influence the penalty identity. In accordance with the provisions of the criminal law, the identity of the presence or absence of although not affect criminal liability exists, but the effect of the size of its criminal responsibility, punishment, specific performance is heavier, lighter, mitigated punishment or be exempted from punishment according to the.
4, how to understand the unit crime and punishment principle?
(1) the unit crime: the meaning of unit crime, refers to the implementation of the company, enterprises, institutions, organs, organizations should bear criminal liability of harm the social behavior.
(2) the principle of punishment. The unit crime, the unit will be fined, and the persons directly in charge and other directly responsible personnel penalty. Unless otherwise specified.
What are the 5 factors, impact of criminal responsibility?
(1) the age of criminal responsibility;
(2) of mental disorders;
(3) physical loss of function.
What are the 6 types of subject of crime, the special identity?
(1) from the formation of the way points, can be divided into natural status and legal status;
(2) divided from the influence on criminal responsibility of nature and the way of, divided into the conviction and sentencing of identity.
Provisions on criminal responsibility of mental disorder was 7, the criminal law of our country criminal law.
(1) the mental patient no criminal responsibility shall not bear criminal responsibility;
(2) full criminal responsibility of mental disorder: in the spirit of normal period and the majority of non psychotic psychiatric disorder person shall bear criminal responsibility;
(3) the spirit obstacle: criminal responsibility may be given a lighter or mitigated punishment.
Five, to discuss the problem
1, discusses the influence factors of the capacity of criminal responsibility.
(1) the age of criminal responsibility: no criminal responsibility age, relatively free of the age of criminal responsibility and the negative three aspects of the development of the age of criminal responsibility
(2) mental disorder: no criminal responsibility of mental patients, complete criminal responsibility of mental patients, limiting criminal responsibility of mental patients in three aspects.
(3) physical loss of function: the deaf and dumb and blind people in two cases.
2, how to understand the relationship between identification and control ability of criminal responsibility?
On the one hand, the ability to identify is the premise and the foundation of criminal responsibility. Only the understanding of the significance of their behavior in the criminal law, just talk to go up with the ability to recognize and effectively and consciously choose and decide whether the implementation of criminal behavior. Just make sure that someone is not distinguishable ability, he would not have the ability to control, so there is no criminal responsibility. Have ability to control is to identify the existence ability as the prerequisite conditions, do not have the ability to recognize not up to the age of criminal responsibility of the young man and have serious mental disease, nature also have no ability to control the meaning of the criminal law. On the other hand, control ability is the key to the ability of criminal responsibility. On the base that has the ability to identify the, also need to have control ability can have the capacity of criminal responsibility, if confirmed the control ability must have the ability to identify. Although people have the ability to identify, but also may not have the ability to control without capacity of criminal responsibility. Therefore, only the ability to identify without control, without the ability to select and determine your actions, not the criminal responsibility; control ability and to have ability to recognize as the premise, and thus could not only control and did not recognize the.
3, discuss the unit crime stipulated in the criminal law of our country.
(1) the unit crime meaning: the harm to society by companies, enterprises, institutions, organizations, groups of implementation should bear criminal liability act.
(2) characteristics of the unit crime
(3) the principle of punishment of unit crime: the unit is to be fined, and the person in charge directly responsible and other directly responsible personnel penalty.
Divided into two types: one is the persons who are directly responsible for the penalty and the crime of natural person committed the crime, the punishment is the same; two is the persons who are directly responsible for the crime of natural person in the penalty of punishment.
Six, case study
1, Ding Mou behavior does not constitute a crime. Because Ding under 16 years of age. The provisions of the criminal law, has over 14 years of age under 16 years of age people, the crime of intentional homicide, intentional injury causing serious injury or death, robbery, rape, arson, explosion, poisoning, drug trafficking and other 8 kinds of crimes, it shall bear criminal responsibility, the crime is intentional crime. And in this case, Ding Mou behavior does not belong to the column, also has not intentionally hurt other people's mentality, do not bear criminal responsibility.
2, to rape and fraud criminal responsibility. Because rape behavior person over the age of 14 years shall bear criminal responsibility; fraud behavior person over the age of 16 years shall bear criminal responsibility.
3, a to B death does not bear criminal responsibility. Due to a less than 16 years old.
 
 
 

The eighth chapter is the subjective aspect of crime
A, single choice
1, I want a night shot B, while B on his way home, a small fire compartment. Because the light is not good, the distance, a shooting technique is not very good, so he can shoot B does not hold, but he didn't want to miss this opportunity, and carried out the shooting behavior in this psychological domination. Subjective psychological attitude is (a  ).
A, direct intention
B, indirect intent
C, the fault of negligence
D, overconfident negligence
2, winter day, explosive working man mistakenly believe that the one with the detonator aluminum box is the colleague's lunch box, put the heating on the stove, so that the explosion accident, one of explosion accidents, in the subjective aspect is ( ).
A, the fault of negligence
B, overconfident negligence
C, indirect intent
D, an accident
3, according to the provisions of the criminal law, negligent behavior (  ) can constitute negligence crime, otherwise cannot constitute a crime.
A, the only consequence
B, only the cause of general consequences
C, the only serious consequences
D, there are legal provisions
4, a railway switchman, in shunting operation is completed, due to careless not line switch recovery location, so that after a train into different lines, and other motorcycle collision accidents, a mental attitude is ( ).
A, direct intention
B, negligence
C, overconfident negligence
D, indirect intent
5, 24 year old young worker Zhang very like the neighbor boy of 4 years old young tao. One day, Zhang took out small to a bridge carrying play, Zhang Xiaotao hands will be suspended from the top place, make fun of to throw him into the river, small Tao shouted "fear" and struggle, Zhang Xiaotao hand slipped, fell into the river, Zhang quickly to save. Xiaotao has died of drowning. From the criminal law theory, Zhang Xiaotao death results in what is held in the subjective elements of the mental attitude? (   )
A, indirect intent
B, the fault of negligence
C, overconfident negligence
D, an accident
6, Department of gynaecology and obstetrics nurse armor value when the night shift, a newborn baby crying, Jia in order to stop the crying, then supine infants turnover prone, and the quilt cover the baby head. Half an hour later, a look, found that the baby has no breathing, the baby after rescue invalid death. The identification of Medical Malpractice Identification Committee, the baby is prone to mouth, nose oppression, suffocated. A pair of infant death results what subjective sin? ( )
A, indirect intent
B, direct intention
C, the fault of negligence
D, overconfident negligence
7, the flower raiser Lee to prevent stealing flowers in the greenhouse, the surrounding private pull grid. One evening, Bai Mou stealing flowers accidental electric shock, was sent to hospital, and died. What is the subjective psychological attitude Li to this result? ( )
A, direct intention
B, indirect intent
C, overconfident negligence
D, the fault of negligence
8, ZhuMou extramarital affairs have killed his wife Li Mouzhi read. One morning, Zhu put to death "tetramine to Lee fried cake at". Zhu is to prevent their 6 year old son to eat cake poisoning, the son to the kindergarten, and told his son he pick. But Lee day off early after the child back, and son together to eat cake. Zhu after that, he returned home, his wife, son had died of poisoning. About the case, which of the following statements is true? ( )
A, Zhu for his wife, son of death is direct intention
B, Zhu for his son's death has indirect intent
C, Zhu for his son's death has a fault
D, Zhu for his son's death was an accident
9, people in the implementation of the crime of the impure omission, the sin ( )
A, is only intent
B, the fault is the only
C, which may be intentional, can also be negligent
D, can only be indirect intention
10, a and B have, wants to set a B to death. A while someone sleeping, good performance, with a pistol bullets loaded at its head close to the fire. A mental attitude is ( )
A, direct intention
B, indirect intent
C, the fault of negligence
D, overconfident negligence
The difference between the 11, accident and negligence is ()
A, the behavior person to harm result is expected
B, the perpetrator of the harm results occur if laissez faire
C, the perpetrator of the harm results occur know to what extent
D, the perpetrator of the harm results occur should foresee
12, the crime of intentionally or negligently constitute crime (all     )
A, the subjective conditions
The necessary condition for B, subjective aspect
The necessary condition for C, subjective or in certain circumstances the choice item
D, select the elements
Two, multiple choice questions
1, Huang with intent to kill Zhang, when it learned that Zhang in the unit on duty that night duty room, which set the duty room burned down, it will replace Zhang duty Lee. Which of the following is not consistent with Huang on the death of Lee holds mental attitude? )
A, indirect intent
B, overconfident negligence
C, the fault of negligence
D, an accident
2, Yin in the nature protection area to dig a trap to kill the giant panda, a mountain herbs of the elderly fall into the trap of death. Constitute a behavior (Yin   ).
A, an accident
Causes the death of B, negligence
C, indirect intentional homicide
D, illegal hunting of rare, endangered wild animal sin
3, indirect intention and negligence with undue assumption of similarity and difference is ( )
A, the two are aware of the possibility of occurrence of harmful consequences;
B, two were not wish to harm results occur
C, indirect intentional harm to the laissez faire attitude, so don't consider whether can avoid the harm result
D, overconfident negligence would harm result does not occur, thus taking into account the harm result will not occur
4, a possession of hide and seek with partners in the woods hunting, B via the, mistakenly think that is a beast and opened fire, causing a death (      )
A, B has the intention to kill
B, B have negligence
C, B has no intention, and no fault
D, a death is an event
5, people know in fact mistakes (     )
A, on the causal relationship between the error of cognition
B, the object of the crime of false
The C object of crime, the error of cognition
D, on the nature of the error
Belonging to the object 6, the following errors have (     )
A, error in animals for the people to be killed
B, error to human beast to kill
C, error to Zhang Wang and killed
D, error to the dead for the living and killed
7, the law of fraud crime of loan is "for the purpose of illegal possession," this purpose (    )
A, a difference between crime and non crime of significance
B, with the difference between this crime and other crime significance
C, with the impact of sentencing significance
D, refers to the pursuit of further in obtaining loans after illegal benefits or results
8, about the sins of statements are correct (      )
A, offense intention and negligence of two forms
B, sin is an act of mental attitude, not be subject to action or behavior
C, although the behavior caused damage results objectively, but it is not the intent or negligence, not deemed a crime
D, error of cognition content can affect the criminal responsibility, there is no
Three, term explanation
1, the intentional crime
2, direct intention
3, indirect intent
4, the negligence of crime
5, the overconfident negligence
6, the fault of negligence
7, the accident
8, the criminal purpose
Four, short answer questions
1, what is the crime of intentionally?
2, what is the difference between indirect intent and negligence of over confidence?
3, what is the accident? It with careless what is the difference?
4, is the fault of over confidence what features in the cognition factor and will factor?
5, the concept and characteristics of indirect intentional.
Five, to discuss the problem
The distinction between direct and indirect intentional.
Six, case study
1, the defendant Li Mou, male, 17 years old, farmers. In late August 12, 1988 10, Li go pee ready for bed, he saw a white gooey stuff in shaking their garden, thought it was a neighbor's white dogs to eat corn, they picked up the iron and stalked the tie to the white gooey stuff, found that the neighbor boy wearing a shirt Baidilan to steal cucumber. Li Tie in the head of the child, the child died.
Analysis: Li on child mortality hold is what attitude? If Li is a crime? Explain the reason.
2, Hu Mou (male) and the village women Weimou adultery. Two people premeditatively poison Hu's wife Lee after marriage. One day at noon Hu took the opportunity to "1605" pesticide into Steamed Rice pan wife is cooking on the fire in the courtyard, and then to tell his wife out to work, don't eat him. His wife cooked meal, to his son (8 years old) filled a bowl to eat. The son to eat shortly after the shout in the stomach, the hospital rescue invalid death.
Q: Hu's behavior based on what kind of attitude? Should bear the criminal responsibility? Explain the reason.
3, Li, Wang quarrel for trifles, and pushing each other, they discourage invalid. Li acrimony, angered the king. Wang Chong Xiang Li, his chest as Lee hit, because Lee Dodge, fist median Li's head, Lee immediately lay down on the ground, become unconscious. After the king and people will lie to the hospital, Lee after rescue invalid death. The identification of Li suffering from brain tumor, Li Yin external force hit induced brain tumor rupture and death.
Analysis: what mental attitude in the subjective Wang behavior
4, the defendant zhaomou, male, 24 years old. One night, He Mou (female, 32 years old) from the home to the guests to the defendant's house more. After bedtime, Zhao to what requirements, rejected. From then on, he is very jealous of zhao. Later, he went to the neighbor Zhu Mou Lodge, Zhao more bitter and jealous of what. One night at about eleven, the defendant around around He Jia residential check again after that is selected, a job, after returning home out early possession of explosives, detonators, blasting fuse, and into the bag bag packed, then, carrying explosives climbed Zhao Jiahei ceiling, the explosive charge alignment Hemou housing house Kang with cigarettes, fire will fuse to light, and from the original road climb back to flee the scene. Dynamite explosion, will He Jia house roof and black ceiling caved in, Zhao's next door neighbor Zhu Mou roof broken, so he injured, Zhu and two children injured. Subjective psychological attitude the case Zhao behavior is what? Please brief analysis.
5, Lin and Tian is a factory workers. A day night, Lin Tian in the restaurant. In the meantime, Lin Tian because of a trivial quarrel. Tian hit Lin punches, Lin also played a few boxing field. After the open. Factory leader to prevent them to fight, Lin, Tian two were called to the office to talk. Tian in the plant leadership to factory office collapsed, the hospital rescue invalid death. The forensic identification: the appearance of three skin injuries, there are a large number of fat around the heart, heart function. According to the theory of medicine of the disease in certain circumstances, can lead to cardiac dysfunction, cause heart failure and death.
Q: Lin's behavior is intentional injury or accident? Explain the reason.
6, the defendant Liao for trifles and roommate victim Gan (fifteen years old) dispute, when Gan to leave, the defendant Liao not let Gan, and opened the window, at the same time, Gan said: "you go jump down from the window!" Gan from beds jumped on to the window sill, with the high of a quickly stepped forward to pull the Gan clothes advised him not to jump off building, the defendant Liao hand pulling a dress and said: "don't worry about her, let her jump!" Gan, from four floor window to jump. Gan a jump off building, the defendant Liao actively rescue, the Gan rushed to hospital, Gan for rescue invalid death. on the defendant Liao above how the qualitative behavior There are two kinds of views. first opinion behavior that the defendant Liao (indirect) constitute intentional homicide. The reason is: the defendant Liao to anticipate likely victims Gan died as a result of their own behavior, although do not want such a result occurrence, but hold a laissez faire attitude. second kinds of views that the defendant Liao constitutes negligence causing death. The reason is: the defendant Liao to anticipate likely victims Gan died as a result of their own behavior, although do not want such a result, but due to negligence or over confident, caused the victim's death results occurred.
Do you think which opinion is correct? Why?
The eighth chapter  The subjective aspect of crime (the answer)
A, single choice
1, A 2, A3, D 4, B5, C6, C7, B8, C9, C10, A11, D12, B
Two, multiple choice questions
1, BCD 2, BD 3, ABCD 4, CD 5, ABCD6, ABCD7, AB8, ABC
Three, term explanation (omitted)
Four, short answer questions
1, what is the crime of intentionally?
Knowing that their actions will cause socially dangerous consequences, and wishes or allows such results mental attitude.
2, what is the difference between indirect intent and negligence of over confidence?
(1) understanding of the factors, the possibility will foresee the behavior the occurrence of harmful results, but they are on this possibility will be translated into the estimation of reality is different.
(2) the will factor, indirect intent is not to happen, but do not oppose, do not reject the result; overconfident negligence is hoping to avoid the.
3, what is the accident? It with careless what is the difference?
The difference is: the accident possibility harm result behavior on behavior can not foresee, should not be foreseen and unforeseen; negligence is the possibility of the occurrence of harm behavior of human behavior can be predicted, should foresee, due to negligence resulted in a failed to actual foresee.
4, is the fault of over confidence what features in the cognition factor and will factor?
(1) understanding of factors, behavior have foreseen that his bank may not happen harm the social result.
(2) the will factor, the perpetrator's behavior, is believe can avoid damage results.
5, the concept and characteristics of indirect intentional.
(1) concept: direct intent, refers to the act of knowing that their actions will or may entail harmful consequences to society, and hope that this results in mental attitude.
(2) features: cognition factor, performance to recognize their behavior may occur in social psychology attitude is behavior person, namely the behavior people according to their ability, the object of crime, criminal tools, time, location, environment etc., realize behavior leads to the result is not inevitable. The will factor, allowing the harmful consequences, not a hope, not actively pursue, to block harmful consequences obstacles not to exclude.
Five, to discuss the problem
(1) from the cognition factors, direct intentional behavior is to recognize the inevitable damage results or may occur; while the indirect intentional behavior person is aware of the harm results occur.
(2) from the will factor, direct intention is the hope is actively pursuing harmful consequences; and indirect intention is to let it happen. The viewpoint thinks, knowing that the results will occur and the laissez faire attitude, it also belongs to the indirect intent. We don't believe there is the person recognizes the inevitable occurrence of laissez faire, because the laissez faire is to harm the social result to allow someone to continue the attitude, the premise is the harm result occurs and not the two possibilities, only in this way, people can happen behavior can also occur without also mental attitude.
(3) the specific results or not, to two kinds of intention and behavior conviction under different meaning. Direct intention, the nature of behavior and result is the same, the results are specific, harm results occur or not, does not affect the conviction, but in the elements of the crime is accomplished the symbol to distinguish the accomplished offense and the attempted. Indirect intent, the specific results may occur, or may not occur, the occurrence and not against their will, when only act when there is no result, still can not constitute the crime.
Six, case study
1, constitute a crime, the subjective aspect is the fault of negligence, the actor should not see at night under the foresee own behavior the possibility of such results, and did not foresee the end by death, child. 17 years old is completely negative phase of the age of criminal responsibility, criminal acts of all shall bear criminal responsibility.
2, Hu's poison is directly intentionally to the wife, the son, is indirect intention. Should bear the criminal responsibility of the crime of intentional homicide.
3, Wang Mou in subjective is the fault of negligence. Wang did not want nor laissez faire of Lee's death, but for his own behavior may cause injury or death is the consequence should be foreseen and Wang had not foreseen, so that the results. So should undertake criminal responsibility of negligence causing death.
4, from subjective on tell, Zhao has killed a particular object he intentionally, have deliberately harm most people not specific to the life and property safety; objectively speaking, Zhao night detonated charge behavior, from the perspective of nature, is a behavior, but from a legal point of view, it is not only a means of killing, but also is a kind of acts of endangering public security. A criminal act in violation of the two objects: the lives of others rights and public safety. So, this is the imagination of crime number one crime committing two crimes, to which a felony, namely the crime of intentional homicide sentenced to a punishment.
5, Lin acts should be accident. Because Lin in with each other to fight, not intentionally hurt the body caused the death, Tian special physical Lin not knowing, Tian's death is caused by the unforeseen.
6, the defendant Liao behavior caused the victim Gan effect of death, the defendant does not hope and the pursuit of this result occurs. Therefore, the key issue is the subjective psychological attitude of the defendant is indirect intention, or overconfident negligence. Judging from the evidence in the case and cognizance of facts of cases, the defendant Liao stimulation Gan main reason is a jump off building at that time already was the night, and a little sweet, afraid she went out without security, want to jump off building block to leave, but when the victim climbs up to the window, the defendant shall harm results are expected to implement the behavior, but she thinks Gan could not jump out of the window, so the defendant in the subjective factors of the judge is not harmful consequences likely. In a jump off building, the defendant Liao actively rescue, the Gan rushed to hospital, the defendant in the subjective factor is not for a specific purpose strong drive and reckless, but has avoided the consequences of desire, just because the judge too confident, which leads to the occurrence of harmful consequences. Therefore, this case the defendant's behavior should be based on negligence crime death qualitative.