PunishmentMethod

General provisions of criminal law

First chapterThe basic principle of criminal law, the task

Scope of application

(6 2. Single.20) which of the following statements is true?

A. compulsory indecency women in crime of "women" as including men, belonging to the expanding interpretation

B. will be the crime of intentional homicide of "person" as "mentally healthy people" should be prohibited, belongs to the analogical interpretation

C. will counterfeiting currency crime of "forged" interpreted to include altered currency, on which belongs to law allows interpretation

D. will be stealing, spying, buying, illegally providing state secrets, intelligence crime of "intelligence" is interpreted as "national security and interests, has not publicly or not should be public matters" in accordance with the relevant provisions, which belongs to the narrow interpretation

[one] expanded analytical interpretation refers to the legal provisions of the meaning of time than the legislative intent of narrow, make wider than the literal implication. Expanding interpretation is a kind of legal interpretation methods, A compulsory indecency women crime, legislative meaning is obviously will crime object limit in "women" within the scope of object of crime, is a specific, be interpreted as "including men" is obviously contrary to the intention of the legislation, is no rational explanation. The analogy interpretation refers to matters of criminal law does not expressly, methods to explain matters the most similar in criminal law. Tong said that criminal prohibition against on behavior of human interpretation, so the C option is wrong. The B option, the crime of intentional homicide of "person" as "mentally normal person" is not the analogy to explain, because according to the criminal law principle of "equality before the law" can be seen, people's life is equal, the legal protection to equal, so the crime of intentional homicide in general should also be on the human life, there is clearly scope, there is no law does not expressly provided for the situation, it is not the analogy to explain, but limited interpretation. Restrictive interpretation (narrow interpretation) refers to the legal provisions of the literal meaning of time than the legislative intent of wide than the literal meaning, make narrow interpretation. The D option of stealing, spying, buying, illegally raise]

For the state secrets, intelligence crime of "intelligence" literal meaning refers to the general sense of the information, will be interpreted as a "national security and interests, has not publicly or not should be public matters" in accordance with the relevant provisions is obviously reduced intelligence, meaning literally, is to limit the interpretation (narrow interpretation), therefore, the correct answer is D.

[answer] D

(5 2. Single.1) 1997 March revision of criminal law, the Standing Committee of the National People's Congress promulgated several single criminal law and criminal law amendment?

A. a single criminal law and the four amendment    B. a single criminal law and the five amendment

C. two a single criminal law and the four amendment    D. two a single criminal law and the five amendment

[key] answer this item by item analysis is to understand the concept of separate criminal law. Different from the criminal code, separate criminal law is a specific crime and punishment law. Since the new criminal law issued in 1997 March, at present only the NPC Standing Committee in 1998 promulgated the "on the punishment of sale of foreign exchange, evasion and illegal trading in foreign exchange crime decision" a separate criminal law. Since the end of the new criminal law promulgated, has promulgated six criminal law amendments, respectively, by December 25, 1999 ninth session of the National People's Congress Standing Committee of the thirteenth meeting of the "PRC Criminal Law Amendment (a)", the people's Republic of China in August 31, 2001 ninth session of the national people's Congress Standing Committee of the twenty-third meeting of the "people's Republic of China criminal law amendment (two)", in December 29, 2001 ninth session of the National People's Congress Standing Committee of the twenty-fifth meeting of the "PRC Criminal Law Amendment (three)", in December 28, 2002 ninth session of the national people's Congress Standing Committee of the thirty-first meeting of the "PRC Criminal Law Amendment (four)", February 28th 2005 the tenth session of the National People's Congress Standing Committee of the fourteenth meeting of the "PRC Criminal Law Amendment (five)", in June 29, 2006 tenth session of the National People's Congress Standing Committee of the twenty-second meeting of the "PRC Criminal Law Amendment (six)" Because, the promulgation of the new criminal law amendment, the problem seems to be no correct answers in now. At the time this topic to choose B is correct.

[answer] B

(6 2. Single.1) about the legal principle of crime and punishment, which of the following statements are true?

 One of the ideas of A. principle of legality is democratic, and habits can best reflect the will of the people, therefore, will be used as the sources of criminal law does not violate the principle of legality

    B. principle of legality of the "law" includes not only the state legislature enacted law, but also for the highest organ of the State Administration of law

C. principle of legality is not conducive to the conduct of prohibition of retroactive, but allow for human behavior retroactivity

Part of the provisions of the criminal law of the crime of D. on condition of not describe, but stated that the accusation. This legislation violates the crime punishment legal principle

[] option A item by item analysis, the principle of a legally prescribed punishment for "no express no conviction, no express no punishment", and used significantly crime and the principle of statutory violation, is the wrong option. Option B, in our country, the criminal law includes criminal code, separate criminal law, subsidiary criminal law, is formulated by the supreme legislative body, not including the highest administrative organ of the state administrative regulations. In other words, the principle of legality of the "law" is only the narrow sense of the formulation of the National People's Congress and the Standing Committee law is the law. Option B is wrong. Option C, requirements of the principle of legality is the prohibition of analogy, prohibited retroactive, but for retroactive conducive to human behavior, is in line with the principle of legality spirit. Because of the legal principle of crime and punishment is to prohibit the abuse of punishment, the protection of human rights. Our country about the retroactivity of criminal law is the principle of "from the old and light", is the embodiment of the option C expression. Option D, a simple count is not as description of all known crime situation, express charges, such as China's "criminal law" article 232nd "intentional homicide, division......" , its purpose is to the legal provisions of the concise and clear, and the principle of legality does not draw further apart. However, attention should be paid to apply simple facts is a prerequisite, must be familiar, but also the embodiment is not much in the penal code.

[answer] C

   (5 2..2) the provisions of the criminal law of the legal principle, legal principle of classic expression is, "no crime without law", "nulla poena sine lege"; criminal law and regulation of the adapts the principle, namely the severity of punishment, should be with the criminals who committed the and take suit; the death penalty criminals in extremely serious. In this paragraph of word in the space:

A.2 office and fill out the "crime and punishment", 4 office and fill out the "crime" B.3 office and fill out the "crime and punishment", 3 office and fill out the "crime"

C.4 office and fill out the "crime and punishment", 2 office and fill out the "crime" D.3 office and fill out the "crime and punishment", 2 office and fill out the "crime"

[] "criminal law" the fifth item by item analysis: "the provisions of punishment, should with crime criminal responsibility and commitment to adapt." Article forty-eighth stipulates: "the death penalty criminals in the most serious offense." As the basic principle of criminal law, the principle of legality and the principle of adaptation should use "crime and punishment" is a word. Therefore, the correct D options. This problem can be as long as the basic principle of criminal law in the specific provisions of the heart can correct solution. At the same time to pay attention to the correct understanding of the question is asked, there are several empty fill in so and so, rather than a few blank so and so. Otherwise, lose the pity!

[answer] D

 (5 2..51) the following statement about the principle of suiting punishment to crime which is correct?

To adapt to the requirements of A. the principle of non retroactivity of criminal law

B. principle of suiting punishment to crime of criminal legislation to make reasonable penalty system

To adapt to the requirements of C. principle of crime and penalty, the circumstances of the crime and the criminal nature of personal danger to

To adapt to the requirements of D. principle in the reasonable use of commutation, parole system

[] "criminal law" the fifth item by item analysis: "the provisions of punishment, should with crime criminal responsibility and commitment to adapt." This principle has two aspects, one is the degree of punishment, and the criminal behavior and its harm to the objective results, namely the penalty shall be compatible with the objective crime; two, is heavy and the criminal penalty of subjective vicious shades, again crime risk to adapt the size that the punishment should adapt to the and subjective responsibility. The C option is to adapt the principles of the two aspects of a simple description, it is right. According to China's criminal law, the commutation object is repentance or meritorious service, major meritorious services certain punishments of criminals, the commutation of the sentence should be criminal subjective malignant adaptation, is a concrete manifestation of the principle of suiting punishment. On parole, the condition is repentance, and will not cause further harm to society, which also reflects the parole shall be criminal subjective malignant adaptation, so that the commutation, parole application embodies the principle of suiting punishment to second aspects, is a concrete manifestation of suiting punishment to crime, so the correct D. The B option, is in the aspect of legislation on the crime punishment adapts the principle and the concrete manifestation, is also correct. The A option is not retroactive requirements of the principle of legality. Do not meet the requirements.

[answer] BCD

(4 2. Single.16) about the legal principle of crime and punishment and its contents, which of the following statements are true? ()

A. the legal principle of crime and punishment prohibited by analogy to explain and expand the interpretation, but not the prohibition of analogy to the defendant's interpretation

B. the legal principle of crime and punishment prohibited the judicial authority of the analogy to explain, but does not prohibit the legislature analogical interpretation

C. the crime punishment legal principle prohibits the application is not conducive to post law behavior, but not suitable for human behavior afterwards method

D. principle of legality demands clarity of criminal law norms, but not to the exclusion of normative elements

[] A. item by item analysis both simple and complex. It is easy because the topic is single, the positive solution is easy. Our country adopts "the doctrine" in the retroactivity of criminal law, C fully comply with the doctrine, is a positive solution. Said complex, the other three (non regular) option involves complex problem.

A error in the "expansion", expanding interpretation refers to expanding interpretation, refers to the legal provisions of the meaning of time than the legislative intent of narrow, literal meaning than the wide interpretation. The legal principle of crime and punishment does not prohibit the judicial rational expanding interpretation. Whether to ban the analogy interpretation favorable to the defendant disputes exist, that generally should not be prohibited. B is the basic knowledge of legal interpretation, the legal prohibition of judicial analogy, forbid the legislature analogy to explain, the legislature has the power of legal interpretation, but this interpretation should be explicitly stipulated in the existing legal scope of interpretation, a limitation which is the legislative power. Option D, first is to the "normative elements" understanding. Whether you need after a certain value judgment as the standard to determine a crime, we can divide the requisites in constitution of crime elements and elements of specification. China's constitution, is that does not require the use of special value judgment, and only need to know the facts we can determine the constitutive elements of crime. For example, the object "homicide in the people" and "kill". Of course, descriptive elements without value judgment is not an absolute sense, criminal law for the "people", "kill" the elements of the nature and scope of it is necessary to make some explanation. However, these elements in theory and in practice, after some explanation, have been determined with relative significance, in practical application, only need to apply this interpretation without the need for extra value judgment to determine the scope and significance. Normative elements, is only determined according to the understanding of the fact is not, also need to judge according to certain society recognized value judgment to determine evaluation standard of constitutive elements of crime. The standard of value judgment, a standard of value judgment of legal culture and the value judgment standard of two, the former such as China's criminal law 237th forced obscene, insulting women sin and child molestation of "obscene". Others of public or private property if the latter robbery, theft and other crimes of property violation. "". The nature and scope of these elements, if not through the evaluation activities, but only according to the understanding of facts is not finalized. From the relative sense, constitutive description is identified, constitutive requirements specification is uncertain or undetermined. Based on the deterministic principle of legality about criminal regulations, clear requirements, constitutive requirements specification is not quite right. Because, the subjective mental activity value judgment after all belongs to the judge, the judge randomness, difference is bigger, have the unity and authority of the loss of the rule of law. So the exclusion of D.

[answer] C

[center] in combination of the principle of legality content

(5 2..3) a foreign merchant in China in the field of commits bigamy, the nail should be disposed of?

A. application of our criminal law shall be prosecuted for criminal responsibility      B. resolved through diplomatic channels

C. application of the foreign criminal law shall be prosecuted for criminal responsibility     D. directly deported

[] "criminal law" the sixth item by item analysis of the provisions of the first paragraph of the territorial principle: "anyone who commits a crime in the territory of the people's Republic of China, except when otherwise stipulated by law, the law is applicable to." At the same time, the criminal responsibility of foreigners have special status, China's "criminal law" has made special provisions. "Criminal law" the eleventh stipulation: "the criminal responsibility of foreigners who enjoy diplomatic privileges and immunities, resolved through diplomatic channels." So, crimes committed by foreigners in China in the field, with the exception of the law has special provisions, shall apply to the criminal law of our country. But if the foreigners are foreigners enjoy diplomatic privileges and immunities, is to apply a diplomatic solution to the issue of criminal responsibility. In this case, the foreigner crime are the subject of foreign businessmen not enjoy diplomatic privileges and immunities, so the application of the criminal law to China, the correct A options.

[answer] A

(4 2..56) which of the following statements about Chinese scope of application of criminal law which is wrong?

A. China Civil Tom abet B country citizen John into the China domestic underworld society organization. Even if John did China territory into the implementation of crime, can not apply the criminal law shall be investigated for criminal responsibility in Chinese just abetting acts of Tom

B. China citizen Zhao from China drug trafficking to country B back to the Chinese. Because Zhao crime is not in China territory, also no harm Chinese state or national interests, therefore, can not be applied Chinese criminal law

C.A citizens to C in China during the study use the summer go out travel, the way for extortion, will study the centime in China B country from a city in northeast to kidnap C country, China criminal law can be based on the protection principle of jurisdiction shall be investigated for criminal responsibility of C

The crime behavior of D. Chinese citizens of the implementation in the field outside the people's Republic of China in accordance with the provisions of the criminal law, the maximum penalty of 3 years in prison, but also can be applied Chinese criminal law shall be prosecuted for criminal responsibility

[] A item by item analysis, according to the "criminal law" provisions of article sixth: "acts of crime or criminal consequence takes place within the people's Republic of China, that is in the field of the people's Republic of China in crime." In the common crime, the crime of any complicity in Chinese, should apply to the criminal law shall be investigated for criminal responsibility Chinese on other accomplices, also apply to Chinese criminal law shall be prosecuted for criminal responsibility. The A option, Tom and John's act constitutes a crime. The B option is Chinese suspect Zhao, according to personal jurisdiction principle of course can be used China penalty shall be prosecuted for criminal responsibility. This option is wrong, is the correct answer to this question. C study of foreigners in Chinese within the field of foreign crime, should be based on the principle of establishment of China's criminal law effect, and the non protective jurisdiction principle. D, article seventh of the criminal law: Chinese citizens to commit the crimes specified in this Law China outside the field, the applicability of this law, "but to the highest penalty prescribed in this Law for three years in prison, may not be dealt with". The law "can be" instead of "should", may not be dealt with. Of course, can also be used China criminal investigation.

[answer] ABC

[center] effect of China's criminal law in joint space

Effect of the criminal law of our country space

"Criminal law" on the basis of

Content

Applicable law

The principle of territorial jurisdiction

"Criminal law" article Sixth

(1) the object is the crime; (2) the territory, territorial waters, airspace areas including aircraft and ships in China, hanging flag; (3) the principle of "land" includes not only the behavior also includes results, the selective principle

(1) the application of our criminal law (2) exception: criminal responsibility for foreigners who enjoy diplomatic privileges and immunities, resolved through diplomatic channels

Principle of personal jurisdiction

"Criminal law" article seventh

The Chinese citizens in foreign criminal case

(1) the application of our criminal law, but to the highest penalty stipulated in the criminal law of China for less than three years in prison, may not be dealt with; (2) exception: China national staff and soldiers are applicable to China's criminal law

Protective jurisdiction principle

"Criminal law" article eighth

Foreigners to China state or citizens crime in China in the field of outer circumstances

(1) in accordance with the provisions of the criminal law the minimum sentence of three years or more in prison, can be applied in China's Criminal Law (2) exception: in accordance with the criminal law not punished, do not apply to China's criminal law

The principle of universal jurisdiction

"Criminal law" article ninth

The provisions of the international treaties concluded or participated in China crime, the object is an international crime, such as drug crime, civil aircraft hijacking, war crimes

When the crime suspect enters into the territory of China, shall be arrested immediately, or extradition to the relevant national prosecution, trial, or self

(5 2..56) which of the following crimes should implement the principle of territorial jurisdiction?

A. foreigners in foreign civil aircraft entering the airspace Chinese crimes

B. Chinese by foreign ship, when the ship sail on the high seas, the implementation of crime

The C. of a foreigner China civil aircraft into the French airspace to commit a crime

D. Chinese functionary crime stipulated in the criminal law of China in foreign countries

[] "criminal law" the sixth item by item analysis of the provisions of the first paragraph: "anyone who commits a crime in the territory of the people's Republic of China, except when otherwise stipulated by law, the law is applicable to." The territory, territorial waters and airspace are field in china. So the correct A options.

"Criminal law" seventh stipulates: "citizens of the people's Republic of China commit the crimes specified in this law field outside the people's Republic of China, the applicability of this method......" So the B options in the applicable principle of personal jurisdiction and non territorial principle.

"Criminal law" the sixth paragraph second: "anyone who commits a crime in the people's Republic of China, a ship or aircraft, this law is also applicable to." So the correct C options.

In accordance with the "provisions of the criminal law" seventh article: "the people's Republic of China national staff and soldiers crime the crimes specified in this law field outside the people's Republic of China, the applicability of this method." But this is applicable to personal jurisdiction principles rather than the principle of territorial jurisdiction, so the D option error.

[answer] AC