Criminal law important knowledge point analysis

Analysis of criminal law knowledge
                                From the perspective of Criminal Law -- the proposition trend
 Xu Guanghua

Center of gravity, the relative stability of a test
    [2009 test survey]
   Judicial examination center of gravity the criminal law are relatively stable, for example, the general rules of the criminal law section almost everywhere is the test, this year is basically to maintain this trend. Although the criminal law section has more than 400 charges, however, judicial examination counseling books already will count limit, and, can test of charges is limited, mainly concentrated in the infringement of citizens' personal rights, property rights, corruption and bribery crime, endangering public safety crime. Of course, there are individual in recent years study of knowledge, in the judicial examination does not reflect, such as causality, not reflected in this year's judicial examination.
   How to seize the center of gravity: the calendar year Zhenti prevail.
   Over the years to reflect the situation, not only stable center of gravity, and the research method is relatively fixed.
  (a) in the robbery, "violence" understanding
    1.2003 years of Volume II 35C. C night burglary, was the Master Lee discovered after. When C on Lee Jia Yuan wall, ready to jump, Lee caught by foot, trying to pull him. But C homeopathic kicked Li a foot, and then fled the scene.
   Find B and a pool of main shopping dispute 2.2005 years 2 60D. nail in the street selling newspapers, which carries the box (with valuables) on the ground beside him, they brought the box away. B that followed. In order to get rid of B catch-up, a will be in the hands of the remaining few papers into a ball at the B B B, hit the face, frightened almost slipped. Then after, finally caught a.
    3.2006 years 2 17B. a counter in the pretended to buy gold necklace, and asks the clerk B out of 3 selected, a look that is not satisfied with the 3 gold necklaces, let B get 2. A while B bent over to take a gold necklace, the counter on the 1 gold necklace in the pocket. B took 2 gold necklace for a look, a look that is not satisfactory, the gold necklace returned to B. B look less 1, and over the counter took a hand and never let it go, a fiercely jilted to open B hand away.
    4.2008 years 2 62D, in a cafe theft and to escape, by management to find. Ding to stop to catch up, lift bar the door kettle, boiling water poured on to the body, and then fled the scene.
    5.2009 years 2 7 A and B, conspiracy to rob. A remote tunnel export lookout, B will passerby C bag (in cash and ten thousand yuan) a take turn and flee, C then catch up, want to regain the bag. A C ran Xiang crossing legs will suddenly C tripped, fell to the ground and broke into minor C, a and B, to seize the opportunity to escape. A and B, the act constitutes a crime?
   (two) the other methods in the crime of robbery ""
   1.2005 years has 60 about the theft of the following conclusion, which is right? ()
   B. A and B on the train met, after getting off to a restaurant. B considerate Quanjiu, a drunk, out of a body of more than one thousand yuan. B acts constitute the crime of theft
   C. a to go to a restaurant for dinner, the restaurant closed in, the waiter has to work out, only the boss B in the accounts management. In a repeated request, B but the cook to prepare meals. A took the opportunity to the kitchen door locked, causing B to can not, only from the serving window watching a open desk drawer take more than one thousand yuan. A act of theft
    2 In 2009 19 A, B, C 2, Ding collusive deception Huang gamble. Four preengage Huang to the hotel for dinner, a opportunity to sleeping pills into Huang wine, want to play while Huang not sober partnership won Hwang's money. But because of a drug dose delivery, after dinner just match Huang was asleep, they took the opportunity to Huang's wallet was gone. The above four acts constitute a crime?
 A. gambling crime
 B. robbery
 C. theft
  D. fraud
   (three) on the spot in the crime of robbery ""
   1 In 2003 32 at 2, a into B home burglary, theft and stolen goods was found after the (value 900 yuan) to escape pursuit, B. A saw a motorcycle without stalling the grocery store next, owners C stood smoking in the car, he rode a motorcycle to escape. The next day, propylene in the street found his motorcycle and armour, to a sent to the Public Security Bureau, a boxing will c wounded, after the forensic identification for minor injuries. This case should be based on which of the following crimes shall be investigated for criminal responsibility in a?()
   A. robbery B. robbery C. theft D. the crime of intentional injury
   Analysis: BCD.
 
   2 The 2003 Volume 35 according to the theory of constitution of crime, according to criminal law, which of the following statements is true?()
 A. a one night to sneak into the theft of Hu home valuables, owner found. A money, Hu didn't catch up. A hide in the Hu a wall at the haystack sleep a night, the morning of the second day the high of a pass by, found a furtive, on its. A thought that a high found himself last night's theft, to a high attack, caused the injury. A theft, the crime of intentional injury, should be combined punishment for several crimes
 
   3 1999 2. Single.27 a, B two people on a night to private owners C from a vacant factory kidnappings to suburb, the propylene hands handcuffed in the window the iron railings, forcing C promised delivery of 30000 yuan requirements. About 2 hours later, a, B will be forced back to the factory C, C 17000 yuan only to a and B, removed from the safe. A and B, the act constitutes a crime? (   )
 A. robbery                        B. kidnapping
 C. blackmail and impose exactions on Crime                  D. of unlawful detention crime
 Analysis: A.
 
    4 In 2006 53 A, B, C 2 conspiracy. One day, three people stopped to Ding, Ding the use of violence, then forcibly snatched the Ding's wallet, but the wallet contained only a small amount of cash, and a bank debit card. So a Ding debit card away, ethylene, propylene forced Ding pin. Ding said the password, three people with butyl to ATM nearby take money. Take money that the password is wrong, three people beat Ding, Ding to avoid suffering from more serious injuries, say the correct password, three people out of 5000 yuan in cash. The qualitative analysis of a, B, C behavior, which of the following statements is true?( )
 A. robbery (attempted) and crime of credit card fraudB. robbery (attempted) with theft
 C. (attempted robbery crime and the crime of blackmail and impose exactions on)D. (accomplished) robbery crime and larceny
 Analysis: ABCD.
 
   5.2009 years in which case analysis two
 A wake up, see C had been asleep, he got up and tried to open the safe. Propylene was scolded a, said: "quick stop, or I'll call the police! "A angry will c killed, to hide the body. A do not know the password can not open the safe, carry off all that one has found only a savings card and ID C. A home think B will open the safe, i.e. find B open cabinet method,...... Two days later a and C, in accordance with the B method to open the safe cabinet, find no money.
 
  [error] candidates review
    The common phenomenon of examinee reviews should be paid more attention:
  (1) too much attention to the criminal law of quantitative requirements. In fact, the judicial interpretation is important, but the judicial interpretation is quantitative, such as how much people seriously injured, the death of a crime; how much is the legal punishment, these problems basically impossible to examine the candidates. For quantitative problem, you just remember common crime legal punishment and upgraded conditions. For example, robbery eight aggravating circumstances are likely to be sentenced to ten years in prison to the death penalty. For example, the process of kidnapping resulting in death of the kidnapped person or kills the kidnapped person, the death penalty, also be sentenced to confiscation of property.
  (2) for some not important judicial interpretation of criminal law should pay more attention to.
   (3) for some obscure problems, practice impossible problems often ask.
   (4) the judicial criminal law books from A to Z, not focus more times. The students of the spirit is commendable, but the problem is, the textbook style is the emphasis on the system of teaching materials, therefore, the contents of criminal law science has, however, not all content has a test, we can test. So, we should know what may be a question, how a test method.
 

 [review]
    Candidates need to grasp of the judicial examination center part can all the minor details, for some problems need not spend too much time to go. First of all, which must outline, outline issues not covered, especially criminal law issues, no master. In addition, to the calendar year Zhenti prevail, center of gravity over the years on behalf of the exam.
 
 
 Two, moderate difficulty
    [2009 test survey]
   From this year the judicial examination item difficulty, should be as long as the students seriously review the,, for most problems can be relatively easy to deal with. No what too much, too difficult questions.
    Note: the judicial examination and law undergraduate teaching differences.
 
    [error] candidates review
    1 spend too much time on time in criminal law. The criminal law value is about 80 - 100, but many students spend even 1/3 of the time in the criminal law.
    2 controversial in criminal law is more, many students spend too much time to examine issues. For example, the viewpoint thinks, stealing credit card, if people use, credit card fraud, to use machines, fixed theft. But the criminal law clearly stipulates, "stealing credit card after use, the act of theft. In addition, for robbing the credit card after credit card use, whether it is on the machine, or the use of people on the counter, only convicted of robbery crime, it is the judicial interpretation provisions.
   (1) in 2004 57 a day late 2 bathing center. A into the center, according to the waiter B guidelines, clothes, handbags, mobile phone or lock in 8 case, and then enter the bath area. Half an hour later, B, shift and ready to open their has been storing clothes 7 cabinet, panic will key into the 8 cabinet lock, but actually the 8 cabinet opens. B found a handbag cabinet, then one of the 30000 yuan. To quickly fled the scene. No time will be 8 locked doors. Later another guest C see ajar 8 cabinet, the cabinet in the mobile phone (value 3000 yuan) and credit card. Behind because credit card write password, second days, by holding the credit card to the mall to buy a $20000 watch.
   (2) the 2006 Volume 59 which of the following statements is true?()
    A. a theft B a passbook, nominal fake B takes out 50000 yuan in bank deposit passbook. A act of theft and fraud
    B. a theft of B 200 grams of heroin, because I don't do drugs, will be sold to a third heroin. A behavior crime and the crime of drug trafficking
    C. a theft of a museum of precious cultural relics, 200000 yuan to the price sold to B. A behavior crime and the crime of scalping relics
    D. a stealing a watch B, 20000 yuan to the price sold to C, a act of theft and sale of stolen goods
   Analysis: AD.
   (3) in 2003 85 - 2 88 defendants and victims Zheng Jiang Mou is with a computer company staff, two people sharing a dormitory. One day, Zheng will own a credit card to pay a deposit of river, 3 days later to claim back. A week later, Zheng found himself missing credit card, report the loss to the bank, that card 15000 yuan has been removed. Zheng report, the judicial authorities found a river. Jiang admitted that it is, but to the crime fact and not a confession. The first statement said, in Zheng will credit card storage, use and steal the credit card password Zheng Zheng together withdrawals, privately in the teller machine withdrawals; second said the statement, is the imitation of the credit card, using the acquired Zheng credit card information withdrawal; third statement said, is picked up Zheng's credit card, the card. But the Zheng is suspected of a theft of money river after the removal of the credit card deposit. Please answer the following questions 8588.
    85 If Zheng will credit card Jiang Mou custody, Jiangmou privately to take cash, which of the following are true: (B)
   A. River constitute a crime of Embezzlement B. River constitute a crime of credit card fraud C. Jiangmou constitute the crime of theft D. Jiang Mou does not constitute a crime
    86 If a river with his imitation of the credit card in the ATM to withdraw their cash, which of the following are true: (C)
    A. River constitute a crime of forging financial instruments B. River constitute a counterfeit credit card crime C. River constitute a crime of credit card fraud D. should be combined punishment for several crimes
    87 If a river picking up credit card, the credit card in the ATM to withdraw their cash, which of the following errors are: (ACD)
    A. River constitute a crime of Embezzlement B. River constitute a crime of credit card fraud C. Jiangmou occupy lost property crimeD. Jiang Mou does not constitute a crime, the behavior of unjust enrichment
    88 if the river a theft of credit card, the credit card in the ATM to withdraw their cash, which of the following are true: (D)
    A. Jiangmou constitute theft of credit cardB. River constitute a crime of credit card fraud
   C. River on which constitute the crime of theft and the composition of the crime of credit card fraud, should be combined punishment for several crimes  D. Jiangmou constitute the crime of theft
 
   There are two questions in 2009 judicial examination questions, answers and proposition Zhou Guangquan to view conflict, further explanation, examination to three big, has the right to the interpretation is desirable, proposition very special viewpoint does not need to master.
   In 2009 52 A to B 2 shot the enemy, but as a guard against B day wearing a bulletproof vest, a bullet hit the bulletproof vest, B unscathed. A rushed and fled the scene, said loudly and angrily: "I can't believe you wear bullet proof vest, see I will not pick up your! "About the case, which of the following statements is true?(BC)
    A. a form of intentional homicide suspension
    B. constitute a attempted murder
    C. a behavior with dangerous B death, shall set up a criminal
    A D. does not constitute a crime
    

    In 2004 4 Vol.2D. Ding captures women Lee's wrist, and want to kidnap Li then sell. Li Wei escape, pretend to say: "I have a sexually transmitted disease, no one will want to." Ding Xin thought it become dejected and despondent, then left the site.
    

   2003 2 2 a lethal highway robbery, night encounter B is violent, B is found in their acquaintance, will shout a name, a listen to stop, to B apology says: "I am sorry, wrong person." A behavior belongs to which one of the following circumstances?
    A. the completed crime  Suspend B. preparatory crime C. is not the end of the attempted crime  D. implementation phase of the discontinuation of a crime
 

    In 2009 the book case analysis two
    The public security organ considers that a criminal suspect, namely on the implementation of compulsory summon. A police station in a police emergency unattended machine. After half a year, found a whereabouts B told a, the public security organs are online wanted to nail, nail and so on account of his crime to the police station.
     Q: a behavior whether the establishment of surrender? -- from the supreme spirit, is to explain more relaxed on the establishment of conditions. Most views of criminal law theory and practice that this situation was not surrender, but Zhou Guangquan believes that the establishment of surrender. The Justice Department to answer is not established.
 
 
    [review]
   1 the rational allocation of judicial examination review time, the criminal law should account for how much time, each part in the criminal law should account for how much time should be reasonable distribution.
   2, have the right to legal interpretation views prevail.
    3 controversial views, candidates can be disregarded.
   4 there is no need to thoroughly read the proposition of the book, this is the most inappropriate. Should have a look for the judicial examination counseling books, or listen to the teacher lectures, the more targeted. Because books related to the proposition, judicial examination guidance teacher has seen many times.
 
 Three, the new legislation, legal interpretation and outline new content should arouse our attention
    [2009 test survey]
   From the judicial examination, new knowledge, legislation, legal interpretation was included in the outline of the general will appear in the exam. For example, this year seven of the criminal law amendment to the criminal law made no small change, these are major issues in practice, the examinee should focus on these important issues. But for the judicial examination, for the criminal law amendment, legislation, judicial interpretation and we do not like ordinary people, roughly the master can, but must understand the subtle differences. For example, in 2008 the judicial exam outline was added in the anticipated possibility, the possibility of illegal knowledge problem, this immediately appeared in 2008 in the national judicial examination.
   2008 2 4 A in the process of production and operation, do not know whether a certain behavior is illegal, and in written form to the Advisory, court official written reply of the legal acts. Then, a implementation of the act, but the act in violation of the criminal law. About the case, which of the following statements are true?( )
 A. because of illegal cognition is not intentional understanding content, therefore, a still constitute intentional crime
 B. no possibility of knowledge of illegality, so no crime
 Although C. was not a crime, but the unpremeditated crime
 D. is likely to set up a deliberate crime, may also be negligent crime
 

   In 2008 5 Sichuan 2 about expected possibility, which one of the following options is wrong?()
 Whether the A. behavior person has intentionally, negligence, and whether it has the possibility of expectation, are two different problems. In other words, intent, negligence, or may not have the anticipated possibility
 B. crime after destroy your evidence of a crime behavior does not constitute a crime, because of the lack of anticipated possibility
 C. in the judicial practice, due to natural disasters, outflow living again, is not to the bigamy crime, because of the lack of anticipated possibility
 D. penniless beggar theft of property of others to survive, because of the lack of anticipated possibility, should not be regarded as crime of theft
 Analysis: D.
 
   [] misunderstanding examinees review
   For new knowledge, and new legislation, judicial interpretation and other issues, the candidates are only roughly master, even no master, this is obviously can not respond to the accuracy of the judicial examination.
 
   The following several Zhenti 2009 can illustrate this problem effectively:
    In 2009 64 according to the relevant provisions of the criminal law "Volume II", which of the following statements is true?( )
 Wife of a state-owned enterprise manager A. a line, a let her husband excuse dismissal of corporate treasurers, and to replace sb. friend Chen, Chen presented a a $120000 car. Constitute a crime
 State personnel B. B department resigned, please replace the director for a lack of qualifications Lee for company registration, charge Lee 100000 yuan. B a crime
 Son of a state Department officials C. C system, the management of his father, please his father a subordinate enterprise will be substandard conditions included in the scope of government procurement, accepting the enterprise 50000 yuan. C a crime
 D. Ding Department of national staff, in charge of the land auction work to a Real Estate Company reported important situation, make its get gold plots. Ding after retirement, the company plans to send thanks, and massage bed Ding value 50000 yuan. Ding Goucheng crime
 Analysis: ABC.
 
   In 2009 54 of Volume II of criminal responsibility, which of the following statements is true?( )
 A. a illegal fund payment and settlement business, constitute the crime of illegal absorbing public deposits
 B. B take deception of false tax returns, to avoid paying taxes 10000000 yuan, but recovered notice issued by tax authorities according to law, pay the tax payable. Even if B to refuse to pay the fines, also should not be for their criminal responsibility
 C. C that Zhao implementation of relending behavior made a profit of 2000000 yuan, but the fund account for its, constitute the crime of money laundering
 D. Ding the organization more than the male prostitution, because "not limited to criminal law" article 358th the organization prostitution crime in the organizers are women, criminal responsibility shall be investigated for Ding
 Analysis: CD.
 
 [review]
    The new syllabus, criminal law amendment, legislative interpretation and judicial interpretation, should be careful to master, understanding with the provisions of the previous difference in where.
 
 
 Four, pay attention to grasp the test principle, rather than simply view bar can get the correct answer
   [2009 test of]

   From the judicial examination questions of criminal law, including the 2009 criminal law examination, except for part of the test theory of punishment, are not simply a method is to get the right answer questions. Sometimes, look at the provisions of the criminal law provisions of the form of simple, even just to get the wrong answer. For example, in 2008 transformed robbery in the understanding of violence. This topic is the most typical
    The criminal law 269th stipulation: "Whoever commits the crimes of theft, fraud, robbery, for booty, resist arrest or destroy criminal evidence and on the spot the use of violence or threats of violence, in accordance with the provisions of article 263rd convicted and punished."
 
   In 2008 62 "criminal law" the 269th volume of transformed robbery provisions, which of the following statements is not applicable to the rules?()
 A. a burglary, was the Master Lee find and pursue, a kitchen knife into the Lee, took care to his chest, Lee said: "you don't come, my courage is very small." Then, turn window escape
 B. B rob Wang's property, Wang to let dogs chasing B. B to escape, killing dogs
 C. C cheat other people's property, just ready to leave the scene, fraud is found. The victim after C. Cornered propylene pulled out knife from the body, into his arms, and the victim said: "you'll catch, I'll die before you." The victim see C blood DC, be stupefied. C quickly fled the scene
 D. in a cafe theft and to escape, by management to find. Ding to stop to catch up, lift bar the door kettle, boiling water poured on to the body, and then fled the scene
 Analysis: ABC.
 
 
   In 2009 the following two questions representative:
 2009 2 18 a private courier company unloader, the main task is to charge unloaded from the car, then to re loading. One night, a machine toilet company supervision personnel, a customer consignment of a value ten thousand yuan camera carried out by the company courtyard door, hidden in the ditch, and forge stolen site. About a behavior, which of the following statements are true?( )
 A. fraudB. embezzlement C. theft D. embezzlement
 This topic comparison in 2008:
   

  In 2008 18 of a State-Owned Company teller a 2 intention I custody of illegal possession of public property, but not to use their own hands the keys and know the password, but it will be safe to keep open and take cash 30000 yuan to use iron. Then, a forgery crime scene, claiming that the stolen. About the case, which of the following statements are true?()
 Although A. is a national staff, but did not take advantage of their office, it should be regarded as crime of theft
 B. a while not taking advantage of his position, but also do not belong to the others for their own share of possession of the property transfer, it should be regarded as the crime of Embezzlement
 C. will own a property based on post custody take forcible possession of, should set up the crime of corruption
 A D. is actually to obtain property by deception, should be identified as fraud
 Analysis: C.
 
    2008 95 - 97 in the two together in criminal cases, the principal Wang was sentenced to 15 years in prison, deprived of political rights for 3 years, confiscation of personal property; principal Zhu was sentenced to 10 years in prison, deprived of political rights for 2 years, a fine of 20000 yuan; accomplice Lee was sentenced to fixed-term 8 months in prison; accessory Zhou was sentenced to control 1 years, deprived of political rights for 1 years. Please answer 95-97 questions.
   95 in this case, by a prison for execution of the punishment of criminals: (AB)
    A. Wang B. Zhu C. Lee D. Zhou
   The executive organ of the punishment is a 96 week: (B)
   A. people's court B. the public security organs C. prison D. grass-roots organization or the unit
    97 penalty needs to court for enforcement, and public security organs from executed criminals are: (AD)
   A. Wang B. Zhou  C. Lee D. Zhu
    Analysis: the executing organ. 1 the immediate execution of death penalty: court. 2 fine punishment: court. 3 confiscation of property: court. 4 to death with a two-year reprieve: prison. 5: prison life imprisonment. The 6 sentence: Prison (the remaining term of his sentence in the following year, the caretaker for execution; the execution of criminal punishments on juvenile delinquents in juvenile delinquents). 7: the public security organs of criminal detention. 8 control: the public security organs. 9 deprivation of political rights: the public security organs. The 10 deportation: public security organs.
 
   [] misunderstanding examinees review
   1 many students just look behind the provisions of criminal law, and did not pay much attention to the provisions of the criminal law of the spirit of understanding.
   2 the provisions of the criminal law does not have any meaning, in many cases, for example, distinguish the suspension of attempted crime and crime, we must pay attention to the principle of the master, to understand the new view of judicial examination.
    3 of the criminal law in a look down, this is not correct. The robbery in the criminal law as an example, many provisions of robbery, and, the judicial interpretation also made provisions for robbery, not only is a "robbery" in the name of judicial interpretation, judicial interpretation of a large number of other provisions of robbery.
   The 4 attitude is not correct, guess, as thought is more serious.
 The criminal law is a highly theoretical discipline, can say, let no systematic learning of judicial examination of criminal law students, open book exam criminal law can not pass. So the students in learning, should pay attention to the principle of the master, only to master the principle, to seriously do the test. We have many examinee, total hope to guess, liquor, waste a lot of time,
 
   [review]
   1 pay attention to the principle of law behind the master.
   2 the method of review should note, not a look down. Should have a look on the teacher has summed up the law
 
 
 Five, a lot of questions is a replica of the calendar year Zhenti
   [2009 test survey]
   From 2009 the judicial examination, we found that many questions is a replica of the calendar year zhenti. Can say, if the criminal law questions in each knowledge point are made through words, in 2009 the judicial examination questions should not exist what problem.
    Is the significance of calendar year:
   (1) over the years Zhenti study knowledge is relatively fixed, as long as the master of these questions of knowledge, can cope with the coming year of the judicial examination.
   (2) part questions directly from the calendar year
 
   The 2009 Volume 15 armor will own a car to hide, that claim to the insurance company to the car is stolen. The insurance company that the case suspicious, immediately to the police. In the mastery of sufficient evidence, the investigation organ for insurance company to a "claims". A to the insurance company two, financial room receive 200000 yuan compensation, just as he reached the first floor is for many investigators arrested. About a behavior, which of the following statements are true?( )
 A. attempted crime of insurance fraud
 B. accomplished offense of insurance fraud
 The crime of insurance fraud for C.
 D. contract fraud
 Analysis: A.
   Contrast test
   In 2004 two papers fourth questions following case in which a set of crime? A, a Humou implement fraud, Hu a see through fraud. But Humou feel a fall on evil days, really poor, gave its 3000 yuan of money, to leave the site of a paragraph.
 
    In 2009 9 of Volume II confiscation of property, which one of the following statements are true?( )
    A. a large amount of robbery, the can be fined ten thousand yuan concurrently be sentenced to confiscation of property
   B. B fraud was sentenced to confiscation of all the property, the court of Yi Wei over 18 years of age children should keep the necessary living expenses, to an adult member of his family shall not consider B
   C. C stealing precious cultural relics are serious, even if it is not available for the implementation of the property, shall be sentenced to confiscation of property
   D. Ding for medicine to Lee loan fifty thousand yuan, a year after the Ding for the crime is sentenced to confiscation of property. Whether Lee request, once the court found that the debt, should be judged with the confiscated property to repay
   Analysis: C.
    Contrast test
   By 2002 1 of criminal law provisions: 2 a committed A crime, "is less than three years imprisonment, or be fined". The accused man A sin, but if the circumstances are relatively minor, the penniless. In this regard, which of the following decision in accordance with the provisions?( )
   A. a judge with the defendant broke ground, was sentenced to 6 months
   B. B judge by the defendants regardless of my small offences as agent, sentenced to 1 years, suspended for 2 years
   C. C judge with the defendant's criminal lesser grounds, sentenced to criminal detention 3 months
   D. Ding judge with the defendant's criminal lesser grounds, shall be sentenced to a fine of 1000 yuan
 
    A painting in 2009, 2 14 Zhao many copying a well-known Chinese painting master, and Department of the Chinese painting master name with forged seal, that genuine realize income sixty thousand yuan. On Zhao's behavior to be punished?( )
   A. according to the crime of fraud and the crime of copyright infringement, the combined punishment for several crimes
    B. according to the crime of copyright infringement punishment
    C. according to production, sales and shoddy products crimes
   D. according to the illegal business crime punishment
   Analysis: B.
   Contrast test
    The 2007 volume 62 about crime of fraud, which of the following statements is true?(AB)
   A. collector a trustee is Jiang Mou collections were identified, a knowledge of the collection value 1000000, but intentionally demote the value to 10000 yuan. A behavior constitutes fraud
   B. antiquities dealer B buy some fake, fake cultural relics sold at low cost to Hong mou. B's acts constitute a crime of fraud
   C. shopkeepers C at the counter display two pieces of 50000 yuan price of jade, Han after a bargain to 30000 yuan to buy one week after a bargain, 3000 yuan to buy another one. C on Han Mou constitute crime of fraud
    D. painter Ding copying the famous painter fan painting and the Department on the fan's seal, through the gallery to 50000 yuan sold to Tian Ding, illegal profit of 30000 yuan. Ding's act constitutes a crime of fraud
 
   The 2009 Volume 6 of abettor, which of the following statements are true?( )
   C. instigates others into taking or injecting drugs, smoking, injecting drug crime was the instigator
    In 2008 7 "criminal law" Sichuan 2 according to the provisions of abettor, expression, which of the following statements are true?()
   C. instigates others into taking or injecting drugs, the establishment of enticement drug crime abettor
 
 
   The 2009 volume 62 which of the following acts constitute the crime of shield? ( )
   B. B (car) after the traffic accident to the perpetrators escaped, causing the victims died because they were unable to rescue
   In 2006 11, 2 a manager of a company, B is the driver. One day, B drive to negotiate business, the way for speeding on the spot will be killed and pedestrian pedestrian C, Ding seriously. B for Ding to the hospital, was a stop. A push B send to negotiate business, and otherwise it will cause significant economic losses. Then, B to call 120 first-aid station after leaving the scene of the accident. But because of the time delay, Ding Buzhi died. About the case, which of the following statements are true?(B)
   A A. does not constitute a crime, the crime of causing traffic casualties B. B A and B, constitute the crime of traffic accident
   C. B constitute the crime of traffic accident and not as a crime of intentional homicide, a is not as an accomplice in the crime of intentional homicideD and B are constituted the crime of intentional homicide
 
   [error] candidates review
   (1) to focus only on the answer, but do not pay attention to the principle of the master, such a transformation will lead to problems, do not know.
   In 2008, Sichuan 2 6 A and B, go hunting, in a cottage next to the grass, forthcoming, thought that the hare, then go, but will this child playing dead. In children, only one bullet, using the A and B, guns, ammunition types are exactly the same, can not distinguish who is. For a and B, behavior, should how qualitative?( )
    A. A and B, respectively, constitutes a crime of negligence causing death
   Joint crime of B. A and B, constitutes a crime of negligence causing death
    C. a, B constitute a common crime of intentional homicide
   D. a, B does not constitute a crime
   Analysis: D.
     In 2003 47 questions: 2 C. propylene on enemy Wang slash $20 left the scene after the. After 2 hours, for the destruction of criminal tools, was returned to the scene, see Wang still did not die, but extremely poor, to the hospital treatment. C behavior of desistance of crime.
      

  (2) what do less, or do not pay attention to the problem of what to. No dig deep behind the knowledge points.
 
   [review]
   1 in learning specific knowledge point, to combine the Zhenti to, so that we can better adapt to the judicial examination of good feeling.
   After the 2 round of review, to do Zhenti, not only to clarify the wrong topic, but also figure out how do the right questions. The Zhenti, dig its value, can infer other things from one fact.
 
 Treatment six, controversial issues
   Can not be ignored, even in the presence of controversial questions, proposition teacher will avoid disputes in a clever way. If not avoided, according to the law, judicial interpretation, says the opinion, finally consider propositional teacher.
 
   The 2009 Volume 2 on the subject of crime, which of the following statements are true?( )
   A. a (female, 43 years old) after drug compulsory indecency, insult Sohn (mentally retarded female, 19 years old), because the main forcing obscene, insulting women sin is the only male, so a not guilty
   B. B (15 years old) with homemade gun powder captured women Zhang satchel, because Yi Wei using the powder gun, it shall constitute the crime of seizing
    C. C (15 years old) to help Lee seized the victim Wang for debt to Wang death, C shall not bear criminal responsibility
   D. Ding is the judicial staff, also can form indulging smuggling
   Analysis: C.
   In 2000 28, 2 a male and female dispute, B will be dirt poured in a body, a took hold of B to B and coat, and punch punches; B -- more than, a call from the big dog raising in boxing, there are many onlookers villagers case, pants B a off, make it public naked, and called Gou Pu in B's body. A behavior constitute what crime? (B)
   A, forcing obscene, insulting women sin B, the crime of insulting C, public indecency D, libel.
 
 
   In 2008 58 day 2, a drunken driving the pedestrian B killed, quickly took the body to the X buried. 10 days later, a news that some units to the construction in the X, for fear of B's body was found, then B bodies from X to Y. In the transfer of the body, a inadvertently found B ID and credit cards. Since then, a a B ID and credit card, the bank counter will be 50000 yuan B credit card into their credit card, and the B ID for admission procedures and the use of mobile phones, the telecommunication expenses caused by the loss of over 8000 yuan. A behavior constitute what crime?()
   A. traffic accident crimeB. embezzlementC. credit card fraud D. fraud
   Analysis: ACD.