The second chapter  The crime of endangering national security

A, single choice

1,C2,A3,D4,D5,B  6,C

Two, multiple choice questions:

1,AC2,AC 3,AB 4,ABD 5,ABDE 6,ACD7,ABCD8,ACD 

Three, term explanation (omitted)

Four, short answer questions (omitted)

Five, case analysis

A case: Feng Mou, plus a two person does not constitute a crime of endangering national security. Their behavior belongs to the expression of criminal intent, The expression of criminal intent may not bring the actual harm to society. So two people do not constitute the crime of endangering national security.

 

 

The third chapter  The crime of endangering public safety

A, single choice

1, A 2,C 3,C4,A 5,B 6,C 7,D 8,C 9,A 10,C 11,A 12,C

13,A 14,D 15,B 16,D 17,A 18,B 19,A 20,C 21,B 22,C 23,B 24,C

25,A 26,D 27,A

Two, multiple choice questions

1,ACDE2,ABD3,ACDE4,AD5,ABCDE6,ABCDE7,AB8,ACDE

9,ABCE1O,ABD

Three, term explanation (omitted)

Four, short answer questions (omitted)

Five, case analysis

A case:The Li Mou of the accused person should take the traffic accident crime and the crime of endangering public safety are two crimes.

The defendant illegal speed will a season, Han Mou killed, should decide the crime of causing traffic casualties. The defendant Li Moudi two times speed, continuous killed, injured people, violations of the object is not specific most people's life, health or major public and private property; the objective behavior is the use of high-speed car in such a dangerous method; death injury to others the subjective behavior is take a laissez faire attitude. So the defendant Lee second behavior should be the crime of endangering public safety.

 

Case two:Wang's behavior constitutes a crime of negligence causing death.

       First of all, Wang Mou of Liu death is fault in the subjective, and is an overconfident negligence. Because he believe only take one wire can avoid death results. Secondly, Wang's behavior is not enough to endanger public security.

 

Case three:China constitute theft explosion sin and death caused by negligence crime.

First of all, China for fish and motivation, stealing mine detonators, explosives, fuses and detonators, constitute theft explosion sin; secondly, in the process of China a fish, because of negligence and killing one and injuring the results, a negligent act which violates the death and negligently negligently causes crime, belonging to the imaginative joinder of offences, from a felony penalties. Once again, China a behavior object is specific, not enough to endanger public safety, not negligence crime explosion.

 

Case four:A momentary act constitutes a crime, the accusation of the crime of dangerous goods. The objective aspects of the crime in the The production, storage, transportation, dangerous goods management in violation of the provisions of the use of dangerous goods, the occurrence of major accidents, causing serious consequences. Elements of a behavior consistent with the crime.

B's conduct did not constitute a crime, the behavior of second belongs to the accident.

 

 

The fourth chapter  Destroy the order of socialist market economy

A, single choice                             

 1,B   2,C     3,B     4,A    5,A    6,D    7,B     8,C

 9,D   10,D   11,D   12,A   13,C   14,C   15,A   L6,C

 17,C 18,A   19,C   20,D                        

Two, multiple choice questions

1,AB2,ABCD3,ACD4,ABCD5,BCDE

6,ABC7,ABC8,ABCD9,ABC10,ABCD

Three, term explanation (omitted)

Four, short answer questions (omitted)

Five, to discuss the problem (omitted)

Six, case analysis

A case: In the case of a District People's court to the crime of copyright infringement as a conviction and sentencing. "Criminal law" article 217 On the crime of copyright infringement and criminal penalties stipulated. Requisites to constitute this crime (characteristics) are as follows:

1People have the criminal intent, behavior in the subjective, that is the purpose of profit. If there is a profit, is the important distinction between the boundaries of the crime with the non crime, if copied the work of others, to the classroom teaching, scientific research or private study, not for profit, not a crime.

      2, the actor has copyright infringement on the objective behavior. Copyright includes works of the right of publication, the right of authorship, right of revision, to protect the integrity of the work, the right to use and the right to remuneration. The Law lists four specific behavior as crime investigation: (following1) without permission from the copyright owner, to reproduce and distribute the works of literature, music, film, television, video works, computer software and other works (2) publishing others enjoy the exclusive rights of books (3Audio and video producers) without permission, reproduce and distribute the audio, video (4) production, sale of fake others sign art works.

      3, copyright infringement behavior, illegal income amount is large or other serious circumstances that constitute a crime.

In this case the defendant XX without copyright person and enjoy the rights of publishing license, for profiteering, privately printed the

Poetry, illegal profit2Million yuan, the larger amount, its behavior conforms to the crime of copyright infringement.

 

Case two:Constitute a crime, crime is the crime of insider trading.

Reason: in this case a company in Shenzhen will buy a stock information directly relates to the kind of stock trading, the price. A day is bound to open, such as stock trading, prices have a significant impact, therefore, insider information, while the securities business department was informed of the insider lending rates, in order to get the benefit, then selling at high prices to buy the stock lots, according to criminal law article180 The provisions of article, constitute the crime of insider trading.

 

Case threeLee: a disguise, altered identity card crimes and the crime of credit card fraud, according to the principle of implicated offense, from a felony to credit card fraud crime. Because Lee forged identity cards act , According to the relevant provisions of the criminal law, a forged identity card crimes. Lee took credit card, malicious overdraft behavior, according to the relevant provisions of the criminal law, constitute the crime of credit card fraud, the relationship between means and aim with a forged identity card and credit card fraud, which belongs to the implicated offense, which from a felony or credit card fraud crime.

 

Case four:This case should decide the crime of forced transaction.

Commodity trading is the economic relationship between equal civil subjects, should be voluntary and fair principles of market transactions. But in real life there may be forced to trade. "Criminal law" article 226 The provisions:"By means of violence or threat, buy and sell goods, compelling others to provide or accept the service, if the circumstances are serious3Years of fixed-term In prison or detention, or be fined."This is about the crime of forced transaction regulations. According to the above provisions, the crime of forced transaction behavior is mainly manifested in two aspects: one is the strong buy strong sell; two is the compelling others to provide or accept services, is also against each other will of the circumstances, the unreasonable price and unfair means to force the sale into a forced service. In this process, people often use violence, threats. If forced to ask for price significantly exceed the reasonable price and the amount is large; the services provided or inferior quality of the goods sold; due to the forced transaction adverse impact; real

Application of injury and violence.

In this case the defendant Gu Moumou in business clothing, adopted a strong sell means, forcing customers buy shoddy clothing, once the customer objection, then the strong pull hard drag, strike violently, nature of behavior is very bad. He will value than one thousand yuan leather jacket In order to8000Yuan price forcing customers to buy go, very bad behaviour. Jia Moumou behavior is beyond the general violation of administrative management

The degree of punishment, can be identified as strong edge transaction crime.

 

Case five:Liu is such and such acts constitute crime of damaging business credit.

       According to the "criminal law" 221 The provisions of article, crime of damaging business credit, means of fabricating and spreading false fact, damage to other people's commercial reputation, and causes significant losses to others or other serious circumstances of the act.

The main characteristics of constitute the crime of damaging business credit, is fabricated and spread false facts, slander, belittle others business reputation or commodity reputation. Fabricated out of thin air, is refers to, inventing false fact is inconsistent with the real situation. Scatter, is to can make people know the false diffusion is not conducive to the opponent's false facts. Fabricating and spreading false fact, also meet the following conditions (1The facts of damage) and others business reputation, product reputation related (2The implementation of commercial defamation) with specific slandered (object3) fabricated false facts must also outward diffusion.

       In the case of Liu to jealousy, fabrication"Good again"The restaurant low purchasing ill sheep, dead lamb, and many others spread false facts to the constituent elements, the act is fully consistent with the crime of damaging business credit.

Damaging business credit flat result crime, namely only for libel and causes significant losses to others or other serious circumstances, they constitute a crime."Good again"The restaurant because Liu Mou for defamation, in short3Months, the loss of a few million, and eventually closed, has serious consequences. So Liu constitute the crime of damaging business credit.

 

Case six:According to the new criminal law article 165 Provisions, (illegal) operation of similar business refers to the State-Owned Company, enterprise managers, directors, by taking advantage of their own business or for others, business and service companies, business similar to the business, to obtain illegal benefits, a huge amount of behavior.

In this case the nature belongs to State-Owned Company, enterprise directors, manager of the crime. From the main conditions of view, Wang Mou is state-owned emery cloth factory manager, in accordance with this crime subject characteristics. Hu is not a manager, but a common criminal. From the subjective aspect, Hu, Wang Mingzhi Lee to buy cloth to be sales belongs to run the same with emery cloth factory business, but the two defendants to obtain the benefits still help management, conform to the subjective character. In the objective aspect, the two defendants took advantage of his position to others for operation and service of similar business behavior. Finally, the actions of the two defendants obviously damage the interests of the emery cloth factory, affected the normal business activities of the units. Accordingly, the Hu, Wang can be punishment according to the crime of illegal business operations.

 

Case seven: according to China's criminal law article191The provisions of the crime of money laundering, the so-called refers to the violation of our financial management regulations, known to be drug-related crimes, underworld of organized crime, smuggling, terrorism crime, the crime of corruption and bribery, the destruction of financial management order, crime of financial fraud crime of illegal income and revenue generated, and provide funds account for it, to assist the property into cash or financial instruments, through the transfer payment assistance funds transfer, funds remitted abroad, or the illegal gains by other means to disguise or conceal the crime of revenue, and the nature and origin of behavior. Its main features: first, the object of this is a violation of national financial management order. Second, the crime objective aspect is the nature and source of the illegal income to conceal, conceal the crime and the gains have done. Third, the subject of the crime is general subject. Fourth, the crime in the subjective performance is deliberately.

From the situation, you and Jia Su said the brothers, knowing that the property is the illegal income by drug crime organization, in black society, and deliberately to provide the capital account, disrupted the normal order of financial management, the condition of the act is fully consistent with the crime of money laundering, which the court should be in accordance with the crime of money laundering to give conviction and sentencing.

 

Case eight:According to China's criminal law article205The provisions , The so-called Xukai special VAT invoice is referred to as the others Xukai, do so for oneself, let others do so for oneself, the others Xukai value added tax special invoice behavior. Its main features are: first, the object of the crime is a national tax administration system. Second, the crime objective aspect is for others Xukai, do so for oneself, let others do so for oneself, introduce others falsely making out special invoices for value-added tax act. Third, the subject of this crime can be both a natural person, legal person also can be. Fourth, it must have the criminal intent subjectively, generally with the profit motive.

From this case, the defendant Gu and Lin with a nominal prime Industrial Co. Ltd. for others falsely making out special invoices for value-added tax, in order to obtain illegal profits for the purpose, tax fraud, and the amount involved is especially huge, if the circumstances are especially serious, has caused especially heavy losses to the interests of the state. The defendant Lu Mou to others Xukai value added tax special invoice amount is huge, profiteering. Their actions are in line with the form of falsely making out special invoices for value-added tax objective and subjective elements, in the common crime, Gu, Lin plays the leading role, is the principal; and Lu Mou plays a secondary or auxiliary role, is an accomplice.

 

 

The fifth chapter  The violation of civil rights, democratic rights of crime

A, single choice

1,D    2,A3,B4,C5,B6,B7,B8,B 9,C10,D(B)11,C

12,B13,A14,C15,D

Two, multiple choice questions

1,ADE2,BCDE3,ABC4,ABC5,ABD

6,BCD7,ABCD8,AB  9,ABCD10,ABC

Three, term explanation (omitted)

Four, short answer questions (omitted)

Five, to discuss the problem (omitted)

Six, case analysis

A case:Wang which constitute the crime of rape, attempted intentional homicide.

Reason: Wang for the purpose of rape, in violation of the young woman Cai MOU will of the circumstances, the use of violence to implement the act of rape, which constitute the crime of rape. After the completion of rape, in order to kill, illegally deprived Cai behaviors of a life, constitute the crime of intentional homicide, but due to the reason will not Cai kill, belongs to the attempt of crime, is the completed attempt.

 

Case two:A high crime is the crime of intentional homicide (indirect).

Because of his subjective on the death of the horse laissez faire attitude, not negligence. Gao did not kill the horse direct intent, but knowing the triangular knife sharp jab their chest, may lead to their death, but allow someone to continue, let the death occurred, which is intentional homicide (indirect).

 

Case three: Ren Mou behavior constitutes the crime of robbery.

       As a snatch of Lee handbag (built-in1Million yuan) crime, to resist the masses and the female police for a hunt, intercept and accounted for a spot on the use of violence, resulting in a serious injury caused by the death of criminal law, in accordance with Article 263 The provisions of article, from robbery to robbery.

 

Case four:Sun, Hu, Zhang, Zhao four constitute the crime of bigamy.

Because: the crime of bigamy, refers to the behavior of people have a spouse and marriage with others, or knowingly spouse and node The marriage act. Crime of bigamy in two situations: one is the spouse and marriage with others; one is no spouse but knowingly A spouse and get married. Sun, Hu, Zhang, Zhao four behavior has elements of bigamy.

1, the object is infringing bigamy socialist monogamous marriage system, damage a party or parties The reality of marriage. Sun, Hu have their spouse and live together as husband and wife, this is clearly in violation of our monogamous The institution of marriage. Zhang, Zhao Yusun, Hu Hu as the spouse, during their marriage, Zhang, Zhao and in the name of husband and wife The common life, in fact illegal marriage, it also violates the socialist marriage system in our country are monogamous.

2The subject of crime of bigamy, two. One is married, before marriage not to lift, and with others married people: another is I have no spouse, but knowing each other have a spouse and get married. Sun, Hu, Zhang, Zhao Junyou partner, he (she) in marriage before not to lift, sun and Hu, Zhang and Zhao live together as husband and wife, visible, body condition, sun Hu, Zhang, Zhao four with bigamy.

3Bigamy bigamy, must act in fact. The crime of bigamy manifested in two cases. One is conform to the qualification, and others to register the marriage: one is conform to the subject qualification, though not with others married, but the public Long term to the relationship between husband and wife to live together, the formation of de facto marriage. Sun and Hu, Zhang and Zhao, mutual exchange, respectively, in the name of husband and wife long-term living together , Has formed a de facto marriage.

4The subjective aspect of the crime of bigamy, for deliberately. The specific performance of their spouses and deliberately marriage with others, or knowing each other is still married spouse. As for the behavior of human motivation does not influence the constitution. Sun, Hu, Zhang, Zhao The marriage act for four has explained that he (she) will open the long-term to name cohabiting couples deliberately.

       Therefore, marriage behavior for sun, Hu, Zhang, Zhao four, already with the constitutive elements of the crime of bigamy, he (she) should be set for the crime of bigamy.

 

Case five:This is typical to extort property for the purpose of the crime of kidnapping.

To extort property for the purpose of the crime of kidnapping and robbery are as follows: (the difference between1To obtain the properties of different objects), the crime of kidnapping Human behavior is for property to the kidnapped the special relationship between third people or units; robbery crime people directly robbing the victim Property (2) obtaining property in different ways. The crime of kidnapping take money way is indirect, behavior person can call, write The letter or message, coerce third person or unit to deliver the property, and the act of kidnapping behavior and obtain the property a Time interval; the crime of robbery is through violence, threat, anesthesia, on the spot directly plunder the property.

In addition, the kidnapping crime subjective aspect in the direct intentional, and has the property of others to blackmail. Such as kidnapping blackmail Is the victim of the legitimate debts owed to behavior, it should be the crime of illegal detention. In this case, the king, the Chen two people with violence Will a son kidnapped, Zhang Suoyao1Million ransom, the subjective aspect of the crime of kidnapping characteristics with.

 

Case six:

1, Wang Mou behavior constitutes the crime of abducting and trafficking in women.

      2Because before, the recidivist, crime in the1997New criminal law before the implementation of the implementation is completed, after sin in1997Years after the implement of the criminal law, the time interval for the5Years, recidivism. The sentence should be the first choice set of abducting and trafficking in women crime, rape behavior should not be convicted of trafficking in women, but become a crime shall be given a heavier punishment; secondly, consider Wang a recidivist, crime of abducting and trafficking in women should be severely punished.

      3Calculation of self judgment, Han Mou probation date, it should 1997Years11Month25DayFrom the calculation, to2000Years11Month24DayCheck the implementation period of the penalty.

      4Han, a behavior constitutes the crime of abducting and trafficking in women. Because of the crime during the probation period, according to the law of the revocation of probation, the crime of theft3Years in prison and trafficking of women crimes.

      5, a high acts constitute selling abducted women crime, the crime of illegal detention, insult, the crime of intentional injury, rape, assembling a crowd to obstruct rescue abducted women crime, should the six crimes.

  6, maximum statutory penalty for death (trafficking sin), on a high is not applicable to this punishment. Because the six crimes committed in high, only the crime of intentional injury, rape crime legal punishment may be executed, and a high specific crime in the crime The two crimes are not to apply the death penalty, punishment can not be upgraded to the death penalty.

7Gao Jia et al., behavior should constitute a crime, should be defined as the hinder the rescue was selling women's crime.

 

 

The sixth chapter  Crimes of property violation

A, single choice

      1,C     2,B     3,A4,B 5,B6,A7,C    8,B     9,A    10,B

11,B   L2,C    13,C   14,B   15,B   16,B

Two, multiple choice questions

      1,CD2,AB3,BC   4,ABCD   5,BC

Three, term explanation (omitted)

Four, short answer questions (omitted)

Five, case analysis

A case: should constitute the crime of robbery. The crime of kidnapping for extortion of money refers to the use of violence, coercion, or anesthesia methods, hijacked the behavior of others. In this case, the victim Zhang to killed the place, not the defendant will tie him to go, but he was The initiative to cheat. The defendant not to him as hostages to their families or units for money, but by violent means to force him to write on the spot The word take money, and not get the money not to put, this behavior should be regarded as the violence on the spot for property, in accordance with the crime of robbery Features.

 

Case two:The defendant a high, Kim constitute the crime of theft. The meat for two defendants in the case of people obtaining property means is not to make the salesman Discovery method, secretly steal property, also is the secret steal means. In this case, although there are cheating, but This kind of fraud is to let the salesman did not find, for to steal the secret service, and not by cheating behavior It acquires property. So they make is not fraud, theft.

 

Case three: two defendants constitute the crime of misappropriation of public funds. Because section, Hu two people in the name of the unit, a loan from the bankL0Million yuan, the money from the property that belongs to the public funds. Two defendants are using the convenience of duty, in the name of the loan to the unit, profit from, is the essence of public funds and will be your own, for profit-making activities. Therefore, the actions of the two defendants constitute the crime of misappropriation of public funds.

 

 

The seventh chapter  The hindrance social management order crime

A, single choice

      1,D    2,C     3,C4,B 5,B6,C7,C    8,D    9,B     10,A

11,A   L2,B    

Two, multiple choice questions

      1,BCDE 2,ABCD  3,ABD4,ACD  5,ABCD  6,AD  

Three, term explanation (omitted)

Four, short answer questions (omitted)

Five, to discuss the problem (omitted)

Six, case analysis

A case:The three formed is the crime of intentional injury. In this case the error of the object, three behavior intentions to infringe upon the right to physical health Li, but also violated state personnel performing official activity. In this case, should be the perpetrator intended invasion Convicted prisoners object.

 

Case two:Yang should according to drug smuggling crime treatment. In this case, Yang objective implementation of drug smuggling The behavior, subjective has clear drug smuggling crime. The behavior of drug smuggling due to the reason will not Succeed. So the yang to drug smuggling crime treatment.

 

Case three:The defendant Han Xue, constitute a crime of blackmail and impose exactions on. Because the defendant in the case of people for the purpose of illegal possession, as The public security organs of the staff, to seize the victim's privacy and illegal behavior, to intimidate, coerce , Claim by force Jiamou property, characteristics of its behavior conforms to blackmail and impose exactions on crime.

 

Case four:Hao Mou does not constitute the crime of harboring a criminal. Because ding a crime is not full16Years of age, belongs to bear criminal responsibility age stage, not theft of criminal responsibility, so their behavior is illegal. Instead of harboring the crime must be aware of the proceeds of crime and the stolen goods To shelter, can constitute. Therefore, Hao Mou does not constitute the crime of concealing.

 

 

The ninth chapter  The crime of corruption and bribery

A, single choice

1,B2,A3,A4,A5,B

Two, multiple choice questions

1,ABD2,CD3,CD4,CD5,AC

Three, term explanation (omitted)

Four, short answer questions (omitted)

Five, to discuss the problem (omitted)

Six, case analysis

A case:1Liu, Chen introduced constitute bribery, bribery, China constituted the crime of accepting bribes.

      2According to the "criminal law," article386Article,383Provisions, China a cumulative total amount of bribery22Million yuan, at10Years of imprisonment or life imprisonment, and may concurrently be sentenced to confiscation of property; if the circumstances are especially serious, the death penalty, also be sentenced to confiscation of property.

      3(Criminal Law), according to Article388A, Chenfu behavior punished for taking bribes.

 

Case two:Ma's act is fully consistent with the constitutive elements of the crime of bribery. The criminal law article385The provisions of paragraph 1:"State personnel who take advantage of their office, ask for other people's property, or illegally accepts another person's money or property, for the benefit of others, is the crime of accepting bribes."In this case, the horse as a comprehensive plan finance bureau chief, apparently belonging to national staff category; use their mastery of the loan contract signed financial power, illegal lending to others, while accepting others to"Spreads"The name given by5Million yuan of benefits, the existing's intention, in accordance with the requirements of the subjective aspect of bribery crime, and the implementation of the receiving benefits (and larger) benefit and for others' behavior, conform to the objective aspects of bribery of the elements, and their behavior is a violation of national staff can not be bought and the state official behavior impartial, honest, so there is no doubt that Ma Mou behavior constituted the crime of accepting bribes, should be in accordance with article 385th of the criminal law and other relevant provisions of the conviction and sentencing. For the horse a for acts of bribery, holding"The crime of corruption"There is also a different opinion, opinion is: Ma and Shao divided10Million yuan may also include that portion of the interest shall be paid to the Bureau of finance, if only the horse a for acts of bribery, it is inevitable Overgeneralization. In fact, in this case, Ma Mou behavior belongs to the criminal law crime of the imaginative joinder of offenses, which is based on a person Sin, the implementation of a behavior, but also violates several charges situations. Because of the objective basis of the imaginative joinder of the lack of a number of crimes But the number crime form, criminal law theory and judicial practice advocate the use of"From a felony place off"The principle to handle, but not a combined punishment for several crimes. In the case of a collection of horse5The subjective motive million just use their power to sign the loan contract, To reap benefits from others, in fact only implemented and Shao Mou branch5This act million; at the same time, because the legal interest of financial loans is relatively low, bureau of finance due interest income in Ma5The proportion of not worth mentioning million bribery amount, according to the imagination of the party he made"From a felony place off"The principle, should be in accordance with the bribery charges of ma.

 

Case three:How this case the defendant Hao Mou behavior qualitative, on trial there are three opinions:

       The first view, the defendant Hao Mou's behavior constituted a crime of corruption. But in the determination of amount of corruption,1996Years7Month,10Months and1997Years1In this3Sub paragraph, can not be identified because the defendant's Hao Mou and two vice manager from their share in the amount and the amount is, the points are less, so this3Time cannot be identified corruption. Article4Time isL997Years4In the building materials company and electrical company of light before the merger dividing funds91039.63Yuan, should be the defendant Hao Mou the share of the money19000Yuan according to corruption conviction and punishment.

The second view, the defendant Hao Mou behavior constitutes the crime of dividing the state-owned assets.

The third view, the defendant Hao Mou behavior does not constitute a crime.

       Is generally believed that the third views are correct. Because according to the first view as the crime of corruption, which apparently confused the relation between corruption crime and the crime of dividing the state-owned assets of the two. Because the most fundamental difference between corruption crime and the crime of dividing the state-owned assets is dividing the country A crime is a crime committed by a unit, the unit is the decision-making body of collective research decision, in the name of the unit as the unit of all Interests and the implementation, the state-owned assets is to unit each worker; and the crime of embezzlement is between the unit inside a leadership staff With the decision, public property, share common in its leadership, thus accounting for some of his behavior, to obtain benefits just leading order Layer, the unit staff did not receive any benefits, and there is not know. In this case the defendant Hao MOU with other leaders set After the company of state-owned assets to the company all staff, rather than shared leadership in internal, so this case of corruption The crime was inappropriate. The second view set the crime of dividing the state-owned assets, although the defendant Hao Mou behavior accords with dividing the state-owned assets The four elements of crime of producing, but such views ignore the punishment principles of our criminal law with the old and light. Because the defendant dividing The behavior of state-owned assets is the revised criminal law in the implementation of the revised criminal law behavior, the behavior of the former has no retroactive effect. So that Hao Mou behavior constitutes the crime of dividing the state-owned assets is clearly not appropriate.

In summary, the defendant is Hao Mou behavior does not constitute a crime, according to law. The reason is the defendant Hao MOU with the company Other leaders, with their collective research decision contribution by staff to workers as well as their leader himself back pay and The bonus, and by their3Put the money raised from the financial, from the leadership to the cadres and workers somewhat unequal to each one Red forms of payment, especially1997Years4In the two month the company before the merger by the leadership collective research, in the name of the unit to the workers, the main objective characteristics, so this act is fully consistent with the crime of dividing the state-owned assets. But think on the applicable law on the crime of dividing the state-owned assets can not be established. Because the crime of dividing the state-owned assets is a new accusation stipulated in the revised criminal law. The defendant in the case of a premeditated and dividing the Hao et al. Natural assets is the revised criminal law prior to the implementation of the act, in accordance with the law of the12The provisions of article, i.e."After the founding of the PRC and before the implementation of this law, if the law is not considered a crime, applicable law at that time."So this case can not be in accordance with the revised criminal law shall be investigated for criminal responsibility and Hao Mou, should apply to the laws at the time. So the case should be declared innocent Hao a.