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Punishment  Method  Science

 

 

First chapterCriminal law review

 

First, fill in the blanks

 

1 criminal law is based on the existing national criminal law provisions of the crime, criminal responsibility, criminal penalties and their mutual relations as the legal science research object.

 

Uniform provisions concerning the 2 only to the national legislature of the penal code, the crime of criminal responsibility and penalty area of research called narrow sense of science of criminal law.

 

3 the science of criminal law and criminal procedure law is the relationship between the substantive law and procedural law, both belong to the category of criminal law.

 

Two, comprehension

 

1 how to understand general criminal law and special criminal law?

 

Answer: the criminal substantive rules, countries have both the criminal entity law stipulated in the criminal code, also have the criminal substantive law, penal code outside of the therefore, unified regulations only in the state legislature of the penal code, the crime of criminal responsibility and penalty area of research called narrow sense criminal law at all; the substantive law of the current national related crime, criminal responsibility and penalty standard as the research object, called the generalized criminal law.

 

2 how to understand the relationship between criminal law and criminal procedure law?

 

Answer: the science of criminal law and criminal procedure law is the relationship between the substantive law and procedural law, both belong to the category of criminal law. Research on crime, criminal responsibility, criminal punishment in criminal law, which belongs to the entity law; criminal procedure law studies confirm the crime, exposing crime, shall be investigated for criminal procedure, steps, methods, procedures, and belongs to the law.

 

The second chapterOverview of criminal law

 

A, multiple choice questions

 

1 criminal law theorists generally, the function of criminal law includes (ABCD)

 

The A. penalty function      B. security function    C. guide function  D. evaluation function

 

2 general provisions of criminal law is a general principle (ABC) norm system

 

A. crime          B. criminal responsibility   C. penalty      D. criminal law

 

3 criminal law is about the specific crime (AB) standard system

 

A. counts          The B. range of punishment   C. charges      The D. property

 

4 from the interpretation of validity, interpretation of criminal law can be divided into (ABC)

 

A. legislative interpretation      B. judicial interpretation   C. academic interpretation   D. logical explanation

 

Two, fill in the blanks

 

Property 1 of criminal law includes two meanings, one is the class attribute, two is the legal attribute.

 

The legal nature of criminal law of 2, compared with the basic civil law, administrative law, economic law, has two notable features: one is the extensive scope of criminal law; the two is the most severe criminal compulsory.

 

3 of the criminal law of our country is divided into three parts in general, specific and supplementary provisions.

 

4 from the method of interpretation, interpretation of criminal law can be divided into literal interpretation and logical interpretation.

 

Three, comprehension

 

1 how to understand the criminal law of our country?

 

Answer: our country to the task of criminal law includes two aspects: one is to use the criminal law to punish crime, two is used to protect people's criminal law. These two aspects closely linked, organic unity. The punishment of crime and protecting the people is the relationship between means and purposes, the punishment of crime refers to the method that the criminal penalty, and struggle with all the crimes, the purpose is to protect the people. According to the provisions of the criminal law, protect the people mainly refers to the protection of the interests of the state, the interests of the people, to protect the basic rights of all citizens and the legitimate rights and interests.

 

2 how to understand the legal nature of the criminal law?

 

Answer: the legal nature of criminal law, is has the characteristics of criminal law as a basic law in the legal system of the state department. Compared with the basic civil law, administrative law, economic law, criminal law has two remarkable characteristics:

 

First, wide scope of criminal law. Civil law, administrative law and so on to the particular class of social relations as the adjustment object, and criminal law is to adjust social relations in various fields, including the fields of politics, economy, life, marriage, social order

 

Secondly, the compulsion of the criminal law of the most severe. Every law has a mandatory, but the criminal punishment is not only because of restriction of freedom of person, may even be deprived of human life is the most severe.

 

Noun explanation

 

The amendments to the criminal law

 

Is a specific legal norm refers to the penal code, the specific provisions of the Standing Committee of the NPC to change, modify, add, the abolition of such legislation form.

 

The fourth chapterThe basic principle of criminal law

 

A, multiple choice questions

 

The 1 principle of legality can be derived which of the following rules (ABCD)

 

A. exclusion of customary law B. negative retroactivityC. prohibition of analogy D. against the indefinite penalty.

 

Including the 2 principle of equality in criminal law application (ABC)

 

A. condemnation of equalityB. sentencing on equality C. penalty on equalityD. penalty on equality

 

Two, fill in the blanks

 

1.1997 years of penal provisions of the three basic principles of criminal law: the legal principle of crime and punishment, equal application of principles of criminal law and the principle of suiting punishment to crime.

 

2 in addition to legality, equal application of criminal law, criminal punishment three criminal code provisions of the principles, our criminal legislation and the criminal judicature has consistently adhered to the principle of correspondence between subjectivity and objectivity, the penalty humanitarian principles, the basic principles of criminal law in China also belongs to me.

 

3 the subjective and objective consistent principle, from the opposition to slavery and feudal "subjective blame" and "objectivity" two wrong tendencies of the.

 

Three, comprehension

 

1 the meaning of humanity.

 

Answer: humanitarian penalty has the following three aspects: (1) with respect to the protection of human dignity. In the country of the criminal punishment, should pay attention to the maintenance of criminal as a human dignity, although he commits a crime and sentenced to criminal punishment, but does not lose dignity; (2) to prohibit people as to the purpose of penalty tool. People are punished, because he committed a crime, the criminal responsibility of the obligations. If the penalty for not taking this as the foundation, but merely to deter others effect, is not in line with the requirements of humanitarian; (3) the prohibition of the use of inhuman punishment, such as corporal punishment, humiliation and punishment.

 

2 the principle of legality of great significance.

 

Answer: the establishment of the principle of legality has very important significance to China's criminal law construction, in particular, are mainly manifested in the following three aspects: (1) to fight against crimes; (2) is conducive to the effective protection of the legitimate rights and interests of citizens; (3) is conducive to promoting the process of the rule of law.

 

Noun explanation

 

1 judicial analogyIn 1979 Chinese criminal law seventy-ninth stipulation: "this law has not stipulated the crime of conviction, can according to provisions of this law which is most similar to the sentence, but shall be submitted to the approval of the Supreme People's court." Once the analogy system that is in our country criminal law.

 

2 criminal decompositionThe criminal law revised in 1979, several crime for there are many problems in the practice of criminal law in 1979 is decomposed. As for the crime, the crime of hooliganism affray crime of affray, compulsory indecency women crime, the crime of insulting a woman, child molestation, assembled licentious actives and other crimes, respectively, a specific crime and legal punishment; for there are many problems in the practice of the crime, be forgetful of one's duties crime play the market, also made similar decomposition.

 

3 penalty humanitarian, is relative to the cruelty of penalty, as a basic principle of criminal law, refers to the penalty type, amplitude and the execution of a country should be the basic requirements of human nature and the consistent.

 

 

 

The fifth chapterThe scope of validity of criminal law

 

A, single choice

 

1 in the criminal law of our country to solve the spatial effect of criminal law (criminal jurisdiction) is the principle (D)

 

A. the principle of territoriality           

 

B. apanage principle, nationality principle supplement

 

Based C. the principle of territoriality, and the nationality principle, protective principle

 

Based D. the principle of territoriality, and the nationality principle, protective principle, universal principle

 

2 according to the principle of territorial jurisdiction, called in Chinese field of crime, is refers to the (C)

 

A. criminal behavior and results in Chinese field

 

B. crime victims and the per capita housing in Chinese field

 

C. criminal act or consequence of a occurred in the Chinese field

 

D. the offender or victim one party in China field have a home

 

3 of China's criminal law retroactivity principle (D)

 

From the old A. principle                B. from the new principle

 

C. from the new and lighter principle          D. the doctrine

 

Two, multiple choice questions

 

In 1 the following, (AD) make the provisions of the criminal law the crime in China outside the field, no matter the maximum punishment of the crime of criminal law is a jail term of three years, are governed by the criminal law of our country.

 

A. national civil servants              B. judicial personnel

 

C. armed police soldiers        D. servicemen

 

The main principles of the 2 countries in the world on the settlement of the retroactivity of criminal law have (ABCD)

 

From the old A. principle                B. from the new principle

 

C. from the new and lighter principle          D. the doctrine

 

Three, fill in the blanks

 

1 according to the principle of territoriality, criminal behavior or consequence takes place within the people's Republic of China, is considered a crime within the people's Republic of China shall be under the jurisdiction of the criminal law of our country, i.e..

 

The 2 problem of criminal responsibility of foreigners enjoy diplomatic privileges and immunities, resolved through diplomatic channels.

 

3 of China's criminal law retroactivity principle is the doctrine of.

 

Four, and answer the questions

 

1 what are the principles of the criminal jurisdiction?

 

Answer: the world is not the same in solving criminal jurisdiction issues doctrine. The two principles of the earliest is the principle of territorial jurisdiction and personal jurisdiction, with the passage of time, and the emergence of two new principles, namely the protective jurisdiction principle and the principle of universal jurisdiction. Criminal jurisdiction principle is the principle of territorial jurisdiction, personal jurisdiction, protective jurisdiction principle, the principle of universal jurisdiction.

 

2 how to understand the doctrine?

 

Answer: the doctrine, namely the principle law did not have retroactive effect, but the new law is applicable to the treatment with light.

 

From the criminal law of countries all over the world, most countries adopt the old and mitigating the principle. In the first paragraph twelfth of criminal law provisions of the doctrine of. Its meaning is: (1) the law was not deemed a crime, and the revised criminal law that is a crime, apply the old law, namely, the revised criminal law did not have retroactive effect. (2) the laws at the time considered a crime, but the revised criminal law is not considered a crime, so long as the behavior without trial or sentence has not yet been determined, it will be applied to the revised criminal law, namely, the revised criminal law have retroactive effect. (3) at the time of the law and the revised criminal law is considered a crime, shall be prosecuted in accordance with the provisions of the revised criminal law fourth chapter eighth section, according to the principle of the criminal responsibility shall be investigated for legal, the revised criminal law has no retroactive effect. This is the doctrine of the mean from the old. However, if the law execution time than the revised criminal law, should apply the revised criminal law, the revised criminal law have retroactive effect. This is the embodiment of the principle of punishment.

 

Five, term explanation

 

1 fiction territory

 

   According to the international treaties and conventions, sailing on or at a foreign port of Chinese military ships, aircraft or hang Chinese flag ships, aircraft, sovereignty belongs to China, also known as fiction territory.

 

2 soldiers

 

According to the provisions of article 450th of the criminal law, refers to the active duty military officers, Chinese people's Liberation Army civilian cadres, soldiers and cadets with military status and China people's armed police forces, police officers in active service civilian cadres, soldiers and cadets with military status and perform military tasks reservists and other personnel.

 

3 foreigners

 

Is a foreign nationals and stateless persons.

 

 

 

The sixth chapterCrime and crime constitution

 

 

 

A, noun explanation

 

1, crime

 

Crime is a social harm, the criminal law and should be subject to punishment behavior.

 

2, constitution of a crime

 

Crime constitution is the provisions of our criminal law, the sum of a series of subjective and objective a behavior of social harmfulness and its degree and the act constitutes a crime must have decided to view elements.

 

Two, fill in the blanks

 

1 the provisions of the criminal law crime is harmful to the society, criminal law, punishment three basic characteristics.

 

2 the social harm is the most essential feature of crime is the most basic.

 

3 the concept of crime is distinguish crime   AndNon crime  General standard limit.

 

The 4 constitution of a crime, is the provisions of our criminal law, the sum of a series of subjective and objective decision to act in a particular social harm and the extent to which the act constitutes a crime of the necessary elements.

 

5 common elements of crime including the object of crime, subject of crime, crime subjective aspect and the objective aspect of crime.

 

Three, question and answer

 

1 how to understand the concept of crime?

 

Answer: our country criminal law thirteenth stipulation of the concept of crime, hand pointed out that the crime is the behavior that is harmful to the society, on the other hand, crime is violation of provisions shall be stipulated in the criminal law, penalty punishment. The former is the essential characteristics of crime, the latter is the legal characteristics of crime is form characteristic, therefore the concept is called is the concept of form and essence of crime of unity.

 

What is the feature of the 2 crime?

 

Answer: according to the provisions of article thirteenth of the criminal law of China, including the characteristics of the crime: sex, criminal law and should be subject to punishment harm to society. These three characteristics are closely linked. Social harmfulness is the basic characteristics of crime, but if two is not, and will not be able to distinguish crime and the illegal act; criminal illegality is the legal characteristics of crime, is the legal expression of social harmfulness, and it is one of the premise, because of penalty. Without it, the social harmfulness can not be consistent grasp, bear the penalty would have no legal basis; culpability is the legal consequences of behavior, is the inevitable conclusion of two characters, is also the first two characters of the ultimate goal.

 

What is the difference between the 3 concepts of crime and crime constitution?

 

Answer: the constitution of crime and the concept of crime have connection already, have distinction again:

 

(1) the concept of crime shows what is the crime, then further shows that crime is how to constitute a crime, the crime should have what kind of conditions; (2) the concept of crime is the general standard of crime, crime is a crime of specific standards; (3) the concept of crime of the crime as a whole the basic characteristics, the common features, reveal all crime from on macroscopic, constitution of a crime are deep into a crime within each crime, analysis of internal structure, establishment of conditions from the micro.

 

The 4 constitution of crime have what conditions?

 

Answer: the constitution of crime is stipulated by criminal law of our country, the sum of a series of subjective and objective a behavior of social harmfulness and its degree and the act constitutes a crime must have decided to view elements.

 

The crime with the following conditions:

 

(1) the constitution of crime is the sum of a series of elements;

 

(2) to become a crime is the behavior of social harmfulness and its degree of decisive significance, and for those facts must have features of the act constitutes a crime;

 

(3) each element of crime is the specific provisions of criminal law in our country, it is the principle of legality.

 

  Four, case analysis

 

The accused Chen * *, male, 20 years old, the bookstore staff. The defendant gold * *, male, 20 years old, the bookstore staff.

 

One evening, Chen x, Jin x met the town of unmarried female youth Luo x x, Fang x x, play badminton to nine mutually agreed, before leaving the evening of the next day to the people's Bank of the activity room to play. The second day, Chen, gold, party, Luo to prise, Fang x also brought a young woman Li * *. The room is not open, a pedestrian to the party * * home. In the meantime, Chen, gold two separately proposed the establishment of a love relationship to the Luo, two people, Luo, Fang Junbiao agreed to. Playing late into the night, Chen, Jin Fang stay in. Party, Luo not refused, Chen * * and * * * *, Luo Li to sleep in the bed, gold * * and * * with sleeping on the couch. Chen and Luo, gold and are hugging kissing, but not sex. The second day at 5 pm to leave their own. A few days, Chen x, Jin x at successively two times to the present, respectively, and Luo x x, Fang x homoclinic, hug kiss touch, also did not produce sexual behavior.

 

Please analyze: the accused Chen * *, Jin * *'s behavior belongs to what nature, whether it is a crime? Why?

 

Answer.

 

In this case the defendant Chen * *, Jin x is illegal, does not constitute a crime, the reason is: Chen * * and * *, * * and * * * gold after understanding is the establishment of relationships rather than improper sexual behavior, does not have the criminal illegality, therefore, cannot treatment with crime.

 

 

 

 

The seventh chapterConstitutive elements of crime

 

A,   Noun explanation

 

1, the object of crime

 

The object of the crime is protected by criminal law of our country, for criminal acts and violations of social relations. The object of the crime is the first condition of social harmfulness decision.

 

2, the direct object

 

The direct object, a crime direct violation of the specific social relations, namely the criminal law to protect the social relations of a specific part.

 

3, the object of crime   

 

The object of the crime is the crime person or thing to direct, is the manifestation of social relations or bear, bear.

 

4, risk behavior

 

Harmful acts, refers to the consciousness and the implementation will dominate the social harm and criminal illegality body movement.   

 

5, not as

 

Omission is a basic form of harmful behavior, refers to the criminal law requires that the perpetrator must fulfill certain obligations implementation of positive behavior, behavior person can fulfill but does not fulfill the obligations.

 

Two, single choice

 

   1 in accordance with C    The object of crime, divided into the general object, the same object and the direct object.

 

How many A. crime

 

B. criminal violations of specific social relations of the number

 

C. criminal violations of social relations in size

 

D. crime direct violation of many specific social relations

 

2 in accordance with   B   The object of the crime object, divided into simple and complex object.

 

A. criminal violations of social relations in size

 

How many concrete social relation of direct B. crime

 

C. crime of infringing on the specific social relations of the times

 

How many D. crime object

 

Objective 3 common infringement belongs to all crimes  A  .

 

A. general object             B. similar object

 

C. simple object              D. complex object

 

4   C  Is the basis for scientific classification of crimes of criminal law.

 

The A. object of crime              B. simple object

 

C. similar object             D. direct object

 

5 in the objective aspect of the crime of factual feature in many,   A  Is the essential condition of the objective aspect of the crime of all.

 

A. risk behavior              B. harm result

 

C. crime time, place      Methods D. crime

 

Two basic forms of 6 crime is   B   .

 

A. intentional and negligent act    And not as B. as

 

C. abetting behavior and the Implementation Act    D. active behavior and passive behavior

 

Our country criminal law 7 stipulation,  D   Person who commits a crime shall bear criminal responsibility, completely.

 

A. has over 14 years of age          B. has over 14 years of age under 18 years of age

 

C. has over 16 years of age           D. has over 18 years of age

 

8 full 14 years of age under the age of 16, belong to  D The ability of criminal responsibility.

 

A. complete                  B. no

 

C. is relatively free               D. reduce

 

Our country criminal law 9 stipulation  B  Person who commits a crime shall be given a lighter or mitigated punishment.

 

A. has over 14 years of age under 16 years of age B. Over 14 years of age under 18 years of age

 

C. has over 16 years of age under 18 years of age  D. lighter, less than 18 years old

 

10 deaf and dumb or blind person who commits a crime, can  D   Punishment.

 

A. lighter                   B. reduce

 

C. lighter or mitigated           D. lighter, mitigated or exempted

 

Three, fill in the blanks

 

1 the object of the crime is the criminal law of ChinaRegulations  , to criminalize the infringement      Socialist society.

 

2 the objective aspect of crime refers to a crime Objective fact characteristics .

 

It features 3 crime objective aspect many, including behavior     ,  Result  Crime, and time, place and method of. Among them,  Behavior  Is a necessary condition for the objective aspect of the crime of all.

 

Two basic forms of 4 crime isAs    AndNot regard as   .

 

5 not constitute a crime as the premise of specific duty from three aspects, i.e.Statutory obligation ,Occupation duty Cause and antecedent act obligation.

 

6 subject of crime is the implementation of harm to societyReached the age of criminal responsibility  , shall bear criminal responsibility of natural person and in accordance with the lawCompany  .

 

7 the capacity of criminal responsibility is usually divided intoFull criminal responsibility,Limit the capacity of criminal responsibility, criminal responsibility, but without capacity of criminal responsibility of four degree.

 

8 of the criminal law of our country the age of criminal responsibility is divided into age, complete criminal responsibility, criminal responsibility age limit no criminal responsibility age three age stages.

 

9 mental patient causes harmful consequences at a time when he is unable to recognize or control his own conduct, upon verification and confirmation through legal procedure, he shall not bear criminal responsibility, but his parents shall be ordered to OrGuardianStrict custody and to discipline; when necessary, by the government  Reformatory.

 

The loss of 10 physiological functions of the deaf orThe crime, may be given a lighter, mitigated punishment or be exempted from punishment.

 

Four, question and answer

 

1 the object of the crime should be classified?

 

Answer: according to the criminal violations of social relations of size, the object of crime can be divided into: the general object, that is the whole social relations. The similar object, i.e. the object of a crime of common violations, which is a kind of crime of common assault in the protection of the criminal law of the social relations of a part or a hand. The direct object, a crime direct violation of the specific social relations, namely the criminal law to protect the social relations of a specific part.

 

According to the number of direct object specific crime of infringing, the direct object can be divided into simple and complex object object. A complex object can be further divided into the main object and secondary object.

 

In addition, the criminal law theory and an optional object name.

 

What is the relationship between the 2 objects and targets of crime?

 

Answer: the relationship between the two from the following four aspects:

 

(1) the object of the crime determines criminal nature, the object of crime in general can not be decided.

 

(2) the object of the crime is an essential element of crime, object of crime is not indispensable, such as escape crime, crime of crossing the border stealthily.

 

(3) the object of the crime is inevitable for criminal behavior violated, the object of the crime is not necessarily compromised, such as theft, trafficking in women and behavior.

 

(4) the object of the crime is classified according to the crime, the object of crime is no impact on the classification of crime.

 

3 what is the omission crime?

 

Answer: not as a basic form of harm behavior, refers to the criminal law requires that the perpetrator must fulfill certain obligations implementation of positive behavior, behavior person can fulfill but does not fulfill the obligations. "Should not". Feature is not as:

 

(1) from the body, behavior has the legal duty to implement specific positive behavior. (2) from the behavior perspective, not as a kind of negative physical activity. (3) on the nature, inaction is the meaning of the criminal law is not as.

 

The concept and characteristics of 4 harm result?

 

Answer: the harm result generalized, is a crime on criminal law protection of social relations caused by damage, including material and immaterial, direct and indirect; harm result in narrow sense, also known as the result of constituting crime, is caused by the criminal behavior, according to the provisions of the criminal law of the for the crime or crime has the harm results to decide the meaning of, it only exists in the indirect intentional crime and negligent crime, the crime accomplished offense.

 

Characteristics of special harm results: (1) has the decisive significance to the establishment of crime or crime; (2) is composed of elements of behavior that is directly caused by the act; (3) is stipulated by the criminal law provisions of civilization.

 

5 China's criminal law on criminal responsibility is provided?

 

Answer: Article eighteenth of the criminal law mental patient causes harmful consequences at a time when he is unable to recognize or control his own conduct, upon verification and confirmation through legal procedure, he shall not bear criminal responsibility, but his family or guardian shall be ordered to put in the custody and care; when necessary, by the government of compulsory medical. Intermittent mental illness is a crime, he shall bear criminal responsibility. Mental patient who has not completely lost the ability to recognize or control his own conduct crime, shall bear criminal responsibility, but may be given a lighter or mitigated punishment. An intoxicated person who commits a crime, he shall bear criminal responsibility.

 

Nineteenth any deaf mute or blind person crime, may be given a lighter, mitigated punishment or be exempted from punishment.

 

Five, case analysis

 

1 the defendant Wang * *, male, 20 years old, farmers.

 

The defendant and the victim Chen Wang * * * * (13 years old), neighbors, who had a good relationship. One day, the king and his brother went to the river to take a shower of * * * *, Chen went with him. Take a shower, Chen * * king * * took him into deep water. Wang x x although feel their swimming skills not skilled, but is confident it can meet the requirements of Chen * *, immediately agreed, and really will Chen * * with swim to the shore seven meters far, Chen x swimming, Wang x x to take a shower, soon, Wang x feel physically tired, then leave Chen * * self ashore. Chen X in the deep physical exertion, and no help, struggling not to move, drowning death.

 

    Please analyze: whether there is a causal relationship between behavior and Chen Wang * * * * death: whether Wang * * act constitutes a crime? Why?

 

In October 15th 2.1997, a university student Chen (1981 November) and students Wu a trivial quarrel, and then began to tussle. Chen Wu was a down, hit his head on the cement ground, knock out a bag. Chen very angry, got up from the ground and then carry out a fruit knife fiercely to Wu abdomen stabbed to Wu, the spleen is punctured, the ground shock (Forensic identified as serious). After the hospital rescue, Wu out of danger, a month after recovery.

 

Please analyze: whether his act constitutes a crime?

 

3 the defendant Li Mou, male, 45 years old, farmers.

 

Li Mou of the accused person to see a group of farmers control tree in his house on the hillside is retained for firewood, is very angry. And the son said: "we are from behind the mountain to climb down the mountain, rolling stones, stoned him several, look after them who dare to dig." The father and his son quietly climbed to the top of the mountain, all along the left side dig tree Dou person about 5 meters away from the ravine, continuous rolling down the stone, dig tree Dou people fleeing. A stone in the way of edge rolling down into a boulder and transverse to the dig tree Dou farmers, will be one of them down, rolled the death.

 

Please analyze: what is Li Mou behavior mental attitude? Why?

 

4 the defendant Li * *, male, 25 years old, the tractor driver.

 

The defendant Li * * for a day at five thirty in the afternoon, in order to change the oil drum, the drum filled with frozen oil roasted in their hospital, bake about 5 minutes, an explosion, a barrel next also detonated, will be on the spot to neighbor Chen * * (5 years old) killed, another neighbor Liu (female, 3 years old) severely damaged, but also caused others burn.

 

Please analysis: what is the subjective psychological attitude Li * * behavior? Why?

 

 

 

The case analysis:

 

Between 1 of Wang's behavior and Chen x death does not exist as a causal relationship form;

 

The king * * act has constituted a crime, because, Wang x act in accordance with the provisions of the criminal law is not as the constitution of crime.

 

2 Chen's behavior has constituted a crime. Chen has not reached the age of 16, but Chen's behavior has to the Wu caused the crime of intentional injury (injured), according to the provisions of the criminal law, he shall bear criminal responsibility.

 

3 li Mou behavior mental attitude is indirect intention.

 

Lee knows that I went mountain rolling stone behavior, may cause the dig tree stump farmer injuries or death may, and intentionally and let the results occurred, meet the psychological characteristics of indirect intentional crime.

 

Subjective psychological attitude 4 Li * * behavior is the fault of negligence.

 

Li x as a tractor driver, should foresee their roasted frozen oil behavior may lead to drums explosion and combustion, neglectful do not foresee, so that the drum exploded and caused casualties result accords with the neighbors, constitute the characteristic of negligent crime.

 

 

The eighth chapterElimination of criminality

 

A, noun explanation

 

1, the justifiable defense

 

Refers to the state, the public interest, the person himself or herself or others, property and other rights from being infringed, and to the suppression of unlawful acts against the.

 

2, the imaginary defense

 

Refers to the subjective understanding of error, and mistakenly believe that the existence of unlawful infringement, so the infringement imaginary introduced the so-called self-defense, causing innocent harm behavior.

 

3, excessive defense

 

Refers to the justifiable defense exceeds the limits of necessity, causing major damage.

 

4, the special defense right

 

Is based on the provisions of the criminal code, the ongoing assault, murder, robbery, rape, kidnapping and other serious violent crimes endangering personal safety, to take defensive actions, against illegal caused casualties, it is not undue defence, and he shall not bear criminal responsibility.

 

5, the emergency

 

Refers to the protection of the legal rights of danger and may not adopt other measures to avoid the damage, have another smaller rights to protect the rights and interests from damage larger behavior.     

 

Two, single choice

 

Answer: 1.B     2.B       3.C     4.C       5.C

 

1 essential characteristics as a defense cause conditions of unlawful infringement is the B   .

 

A. illegality                    B. social harmfulness

 

C. objective authenticity                D. criminal illegality

 

2 no actual unlawful infringement behavior, behavior of people mistakenly think that the infringement "defense" behavior, and causes damage to others, the criminal law theory called  B   .

 

A. defense is not timely                B. imaginary defense

 

C. excessive defense                  D. intentional crime

 

3 words or actions deliberately tease, stimulate each other, make the other side first unlawful infringement, and then to self-defense as an excuse, to hurt each other's behavior in criminal law theory called  C   .

 

A. excessive defense                  B. advance guard

 

C. provocation defense                  D afterwards defense

 

4 excessive defense shall bear criminal responsibility, but  C  Punishment.

 

A. shall be given a lighter or mitigated          B. may be given a lighter or mitigated

 

C. shall be reduced or exempted          D. can reduce or waive

 

5 it shall bear criminal responsibility, but should be   C  Punishment.

 

A. has the discretion to waive or reduce the          B. be reduced or exempted

 

C. reduce or waive              D. reduced or exempted

 

Three, fill in the blanks

 

1 out of the social harmfulness behavior, refers to the form of Comply with the constitution of a crime  No, in factSocial harmfulness  Therefore, do not form a crime.

 

2 the defense is not timely has two forms, i.e. Pre defense  And  Afterwards defense .

 

3 excessive defense shall bear criminal responsibility, but should be  Ease  Or Exempt   Punishment.

 

4 the ongoing violence,  Killing , Rape   ,  The robbery  ,  KidnapAnd other serious endanger the personal safety of violent crime, take defensive actions, against illegal caused casualties, it is not undue defence, and he shall not bear criminal responsibility. This is called the special defense right in criminal theory, also known as the unlimited defense right.

 

5 as the emergency causes the risk from four aspects, including   Unlawful infringement people     ,   The forces of nature   ,  Animal attack    And   Physiological, pathological process of human    .

 

6 emergency about avoiding danger to oneself do not apply to the provisions, do not apply to the office, business person who is charged with specific responsibility.

 

Four, question and answer

 

What is the constitution condition 1 self-defense?

 

Answer: according to Article twentieth of the criminal law about the justifiable defense concept, the justifiable defense must meet the following requirements:

 

(1) the intention of defense condition. Means that defender aware of being violated, in order to protect the country, the public interest, the person himself or herself or others, property and other legitimate rights, and determined to stop the ongoing illegal violations of the state of mind.

 

(2) defense cause condition. Conditions cause justifiable defense is the existence of unlawful infringement.

 

(3) defense object conditions. Defense is the main target of unlawful infringement of the personal, in certain circumstances, also can become the defense object.

 

(4) conditions defense time. Justifiable defence must face the ongoing illegal violations can be implemented.

 

(5) the limit of defense condition. Refers to the act of defense did not significantly more than necessary limits, causing major damage.

 

2 how to understand but when defense?

 

Answer: the provisions of the third paragraph of article twentieth of the criminal law: "the ongoing assault, murder, robbery, rape, kidnapping and other serious violent crimes endangering personal safety, to take defensive actions, against illegal caused casualties, it is not undue defence, and he shall not bear criminal responsibility." The provisions of the criminal law is criminal law educational world called "non excessive defense".

 

In the understanding and application of the provisions, should pay attention to:

 

(1) this section applies only to stop violent crime seriously endanger the personal safety of self-defense. For non violent crime, self-defense violent crime or not seriously endanger the personal safety of the provisions of this paragraph shall not apply;

 

(2) the "serious crimes of violence endangering personal safety, in addition to the provisions of the criminal law" stipulated in the assault, murder, robbery, rape, kidnapping and other crimes, should also include any "other serious crimes of violence endangering personal safety", such as explosion, fire, all kinds of damage driving traffic tools such as crime of endangering public safety.

 

(3) in the section "seriously endanger personal safety", refers to the immediate threat of unlawful infringement to the citizen personal safety, has seriously to take against illegal caused casualties measures to eliminate the extent, if murder, robbery, rape, kidnapping and other crimes of violence, has not yet reached the "should take against illegal caused casualties measures to eliminate the degree", the scope of self-defense, they also do not belong to the provisions of this paragraph.

 

3 excessive defense how to punish?

 

Answer: the provisions in the second paragraph of the criminal law twentieth: "justifiable defence obviously exceeds the limits of necessity and causes serious damage, he shall bear criminal responsibility, but should be reduced or exempted from punishment." In our country criminal law, excessive defense is not an independent charge. Therefore, in judicial practice, the justifiable defense shall according to the actor's subjective and objective outcomes, quoted the conviction the corresponding provisions of criminal law. According to the provisions of the criminal law of our country, to defend excessive, should be reduced or exempted from punishment.

 

4 please compare the justifiable defense and emergency hedge similarities and differences.

 

Answer: the similarities and differences between the emergency and self-defense

 

The emergency and the justifiable defense is the law of typical grounds for elimination of criminality, and have many similarities:

 

(1) the legitimacy of the emergency and the justifiable defense has subjective purpose, is to protect the country, the public interest, the person himself or herself or others, property and other rights from damage;

 

(2) the beneficial urgent danger prevention and self-defense has objective behavior, although they have some rights to cause some damage, but from the whole society, the result is beneficial to society;

 

(3) the emergency and self-defense is legitimate implementation behavior, which is the premise is the legitimate rights and interests are violated or danger;

 

(4) the emergency and the justifiable defense with similar responsibilities. When more than the legal limit, shall bear criminal responsibility, but should be reduced or exempted from punishment;

 

The difference of emergency and self-defense, mainly in the following aspects:

 

(1) the dangerous source. Emergency source of risk not only unlawful infringement behavior, but also includes the forces of nature, animal attacks, people's psychological, physiological state, as long as dangerous to be protected the legitimate rights and interests can become the source of danger; but the dangerous source of justifiable defence is an unlawful infringement people.

 

(2) the conditions for the implementation of the different behavior. The emergency requires implementation in not to have the case, that is to say, only in the implementation of risk aversion is the only way, to implement the risk aversion; and justifiable defense is not affected by this restriction, can choose to take a variety of means of defense.

 

(3) damage to different objects. Necessity is the innocent third party interests, and self-defense only for illegal violate my implementation, and never allow the implementation of third.

 

(4) limit conditions. Emergency damage must be smaller than to avoid damage, equal to or greater than all belong to it; and the justifiable defense damage as long as there is no obviously exceeds the limits of necessity, cause significant loss is not undue defence.

 

(5) the main requirements of different. Emergency does not apply to the office, business person who is charged with specific responsibility, and self-defense no subject on the limit, anyone can implement justifiable defense.

 

Five, case analysis

 

1 the accused Zhao XXX, male, 19 years old.

 

One evening nine when make, Zhao X in the city 738 factory gate Chen * * three people riding a bicycle from west to east to the same factory, mistaken for youth, will reach out to intercept. Chen three people mistakenly believe that Zhao to grab a hat, then stop for the bricks, stones, return to query. Zhao Duojin 738 factory. After the road there is a quarrel, Zhao out of onlookers, met Chen x et al., Zhao again back to the factory to escape, but Chen together after questioning, Chen Zhao immediately to explain his mistake, not scalping. Chen is not understanding, carrying bricks out Zhao face, the left maxillary and teeth Zhao injured, Zhao Suiji pulled out portable large fruit knife to Chen Mengchuo a knife, will Chen Cicheng injured, Chen Ran to the ground thirty meters, Zhao when coming to the hospital rescue.

 

Please analyze: Zhao × behavior belongs to what nature behavior? Whether it is a crime? Why?

 

The 2 defendants he * *, male, 43 years old, a construction team captain.

 

A restaurant in town suddenly caught fire, flames suddenly the wind burned to the adjacent room. When the fire engine came to the rescue, fire has been extended third neighbors. At this time, being near the construction site construction captain HO * *, led the workers rushed to the scene after 10 did not participate in the fighting, but ordered the workers quickly break down near the fourth houses. He himself and two other workers back to the site, driving the crane and the bulldozers arrived on the scene in the demolition action. He is a part of the organization of workers to grab a real goods, a command of the workers quickly with an ax, saw truncated housing beams and column, use bulldozers collision walls. What I then use crane, the roof beam hanging from the place, called the workers shovel shovel out a separate channel. When the flame spread to third neighbors house tail, was the firemen struggled to put out.

 

Please analyze how * *: what is the nature of behavior? The legal liability? Why?

 

 

 

The case analysis:

 

1, Zhao x acted in self-defense, does not constitute a crime.

 

Looking from this case, Zhao x because of Chen x et al were infringed repeatedly forced to implement defense, the defense means, Zhao X using the fruit knife in the circumstances and when; analysis from the defense strength, if not stop with a fruit knife Chen * * illegal violation, will occurrence of Zhao * * I was seriously injured or even killed results. Therefore, Zhao x x to Chen * * consequences, with the consequences of Chen * * violations may result in the basic requirement, not of excessive defense.

 

2 what * * actions were justified, not bear criminal responsibility.

 

Looking from this case, what the * * command workers demolished fourth houses on fire scene, formed the isolation air channel, the fire spread to third neighbors house tail, being the firemen struggled to put out, did not cause bigger loss. Certainly at the expense of the smaller the legitimate interests of preservation more legitimate rights and interests. From the purpose of hedging, cause and object conditions also in line with the conditions, emergency so, ho * * behaviour is a legitimate act, he shall not bear criminal responsibility.

 

 

 

 

The ninth chapterStop form of intentional crime

 

 

 

A,   Noun explanation

 

1, the accomplishment of a crime

 

A crime with all elements of the provisions of the criminal law the crime criminal completion status.

 

2, preparation for a crime

 

Refers to the crime, preparation tools, manufacturing conditions, but the actor has not yet begun to crime because of its outside the will stop the crime status.

 

3, the attempted crime

 

Refers to the starting to commit a crime, due to reasons other than the criminals will not succeed crime state.

 

4, the discontinuance of crime

 

Refers to the crime process, gave up the crime or automatically and effectively prevent the result of crime crime state.

 

Two, single choice

 

Answer.

 

1.B  2.B 3.D 4.B  5.D  6.B  7.A

 

1 A and B have hatred, revenge, somebody wrote in his diary, a curse on the B, and vowed to kill B, still in the diary lists several murder. Belongs to a behavior      .

 

A. preparatory crime,                   The B. expression of criminal intent

 

C. discontinuation of a crime                     D. attempted crime

 

2 as long as the implementation of the national division, undermining national unity provocative behavior, regardless of whether the masses was instigated, constitute incite secession of accomplished offense. This situation is       .

 

The A. result crime                     B. act crime

 

C. behavior crime                     D. dangerous crime

 

3 the provisions of the criminal law for the crime in preparation, can be accomplished crime shall       Punishment.

 

A. lighter                       B. reduce

 

C. lighter or mitigated               D. lighter, mitigated or exempted

 

4 the provisions of the criminal law for attempted offense, can be accomplished crime shall       Punishment.

 

A. lighter                       B. lighter or mitigated

 

C. lighter, mitigated or exempted         D. reduce or waive

 

5 the provisions of the criminal law for the discontinuance of crime caused no damage, it shall       Punishment.

 

A. lighter, mitigated or exempted         B. reduce or waive

 

C. reduced or exempted,             D. exemption

 

The 6 man intent kill B, mistakenly sugar as arsenic Mix B have food to eat, after eating All is well. B. In this case, belonging to a behavior       .

 

A. preparatory crime                   B. attempted crime

 

C. discontinuation of a crime                   D. accomplished crime

 

7 a family threatened to kill B, B report after the security personnel is in hot pursuit, leading to the second home on the road, will carry a weapon a interception. Belongs to a behavior       .

 

A. preparatory crime                   B. attempted crime

 

The C. expression of criminal intent                   D. discontinuation of a crime

 

Three, fill in the blanks

 

1, stop form of intentional crime, according to its stop crime are finished as the standard, can be divided into  Complete form  And  The unfinished form Two basic types.

 

2 of negligent crime and   Indirect intentional crime  There is no stop form.

 

There are four different types of accomplishment of crime is consequential offense: 3, Behavioral offense , dangerous crime, Act crime .

 

4 of our criminal law theory in general the attempted crime is divided into: (1) the completed attempt and not the completed attempt (2)   Attempted crime and attempted crime due to impossibility     .

 

5 for the discontinuance of crime, no damage is caused, be exempted from punishment; causing damage, shall

 

    Mitigation of punishment  .

 

Four, question and answer

 

Concept and category of the 1 crime accomplishment?

 

Answer: the accomplishment of a crime refers to the crime of criminal law with all of the elements of constitution of crime of crime completion status. According to the different provisions of our criminal law on various direct intentional crime, criminal law theory will generally be accomplished crime into behavioral offence, act crime, the crime, dangerous crime four main types.

 

2 how to grasp the preparation for a crime?

 

A: the establishment of preparatory crime should have the following three conditions:

 

(1) the subjective feature of preparatory crime, namely crime purpose is to carry out criminal activities. It is reflected in this point, crime subjective malignant, this is the preparatory crime subjective foundation of criminal responsibility.

 

(2) the objective characteristics of crime in preparation, which is prepared for the further implementation of criminal tools, manufacturing conditions on the behavior of. It is at this point reflects the criminal social harmfulness preparation, which is prepared to commit to the objective foundation of criminal responsibility.

 

(3) behavior has not yet begun to crime because of its outside the will stop. This is also a feature of preparatory crime, has already begun to commit crime, entered the implementation stage, there couldn't be a preparation for a crime problem. Preparation for a crime is the behavior before embarking on crime, is stopped due to the failure to act will cause other than embarked on the criminal behavior, this is the fundamental difference to suspend preparatory crime and crime.

 

  3 how to understand the characteristics of attempted crime?

 

A: the establishment of attempted crime should have the following three conditions:

 

(1) the criminals have started to commit a crime. This feature is the main symbol of attempted crime and crime preparation phase discrimination, it indicates that the crime has entered the implementation stage.

 

(2) the uncompleted crime. Unfinished crime is the main symbol of attempted crime with crime accomplishment difference.

 

(3) the uncompleted crime is due to reasons other than the will of the criminal element. This characteristic is the attempted crime and discontinuance of crime is different from the main mark. The so-called "for reasons other than the criminals will", which is against the criminal intent of reason.

 

4 how to understand the features of desistance of crime?

 

Answer: the suspension of crime must have the following conditions:

 

(1) the time of suspension. The discontinuance of crime must occur in the criminal process, including the preparation for a crime and crime stage.

 

(2) the automatic termination. The criminals in their believes it will be to the end of the crime, for I will automatically stop the crime.

 

   (3) the effectiveness of suspension. That in the crime done previously gave up the crime and effectively prevent the crime result.  

 

5 kinds of state crime stop should be how to punish?

 

Answer: the punishment according to the following provisions of the criminal law:

 

Twenty-second in order to crime, preparation tools, manufacturing conditions, is the preparation for a crime. One who prepares for a crime, can be accomplished crime shall lighter, mitigated punishment or be exempted from punishment.

 

Twenty-third has already begun to crime, due to reasons other than the criminals will not succeed, is attempted crime. For the offense, can be accomplished crime shall be given a lighter or mitigated punishment.

 

Twenty-fourth in the criminal process, gave up the crime or automatically and effectively prevent the result of crime, discontinuation of a crime refers to. The discontinuance of crime, no damage is caused, be exempted from punishment; damage is caused, be given a mitigated punishment.

 

Five, case analysis

 

    1 Deng Zhao Mou feud is quite deep, Zhao Deng revenge. One day, Deng told Zhao Mouyi one at home, portable dagger to Cho to kill zhao. Deng in on their way to Zhao Moujia, all of a sudden abdominal pain, then return home.

 

Please analyze: Deng Mou behavior belong to attempted crime or crime? Why?

 

2 Wang and Liu of husband and wife, not because of love is getting a divorce. Wang Mou to Liu a grudge, a day will LiuMou cheat a unit to a quiet place, a bottle of sulfuric acid prepared in Liu face. See Liu extreme pain and screaming, Wang and Liu rushed to hospital, but still led Liu severe burns.

 

Please analyze: Wang's behavior is the discontinuance of crime or crime? Why?

 

Answer.

 

 1 Deng Mou behavior belongs to the preparation for a crime.

 

Deng Zhao finished killing crime tools to conduct, on the way to CHO, sudden abdominal pain that was not beyond Deng will cause to kill Zhao's behavior, make the Dengmou crime stop in before the implementation, in line with the characteristics of crime in preparation.

 

2 Wang's behavior belongs to the crime and not crime discontinuance.

 

Wang in the implementation to Liu face poured on sulfuric acid acts, take immediate relief, but relief act failed to work, still have the Liu was severely burned consequences, not in conformity with the characteristics of the effectiveness of the discontinuance of crime, crime has been accomplished.

 

The tenth chapter Common crime

 

 

 

A, noun explanation

 

1, the common crime

 

Refers to two or more persons jointly crime common intent and Implementation Based on.

 

2, the principal

 

Refers to the organization, leads a criminal group in carrying out criminal activities or play a principal role in a joint crime of crime.

 

3, the accessory

 

Refers to plays a secondary or auxiliary role in a joint crime of crime.

 

4, the coerced offender

 

Refers to is coerced to participate in a crime people.

 

5, the instigator

 

Refers to the implementation of abetting criminal intent of crime.        

 

Two, single choice

 

Answer: 1.C        2.C       3.C.        4.C

 

1 for the ringleaders who organize, leads a criminal group, in accordance with the    All crime punishment.

 

He participated in A.                    B. and his organization

 

C. group has committed                  D. his command

 

2 the instigated person does not commit the instigated crime, the instigator        .

 

A. shall not be punished                    B. exemption from punishment

 

C. lighter or mitigated punishment            D. mitigated punishment

 

3 Cai Mou released decided to forsake heresy and return to the truth. One day, former associates Zhang found a CAI, Cai Mou and he went to a shop theft, Cai Mou is not willing to, but Zhang Cai said the threat to tell Cai girlfriend Cai a previous record, Cai Mou afraid of losing his girlfriend, will agree with Zhang stolen from a store. Cai Mou is in common crime      .

 

A principal                        B accessory

 

C. coerced offender                     D. help offender

 

4 A, B, C, D four common to the banks back to the factory all staff wages in a factory the cashier, the cashier back wages. But because things away not to, B, C, Ding Tongfu, took the cashier the wages seven thousand yuan divided by four. On a behavior        .

 

A. shall not be regarded as a criminal            B. to robbery crime preparation alone punished

 

C. to robbery of common crime   D. to robbery crime discontinuance of crime

 

Three, fill in the blanks

 

1 in the common crime can be in accordance with the provisions of the arbitrary shape become standard, joint crime can be divided into any common crime and Necessary joint crime  .

 

2 the joint criminal intention formation time as the standard, common crime can be divided into The common crime beforehand premeditated  And  Common crime in advance without premeditation  .

 

There is no division of labor as the standard between 3 to common crime, common crime can be divided into simple common crime and  Complicated joint crime  .

 

4 the current criminal law of our country will be divided into principal offender, accessory,The coerced offender  Several classes, instigator.

 

5 the provisions of the criminal law, the accessory, shall Lighter  , a mitigated punishment or be exempted from punishment.

 

6 for the coerced offender, should be in accordance with the circumstances of the crime or reduce Exempt   Punishment.

 

Four, question and answer

 

The concept and characteristics of 1 common crime?

 

Answer: the so-called common crime, is more than two people based on common crime of joint intention and implementation. This definition includes three basic conditions for the establishment of joint crime should have:

 

(1) subject to the conditions of. The subject of joint crime must be more than two people.

 

(2) the objective conditions of joint crime. The common crime must have the joint criminal behavior;

 

(3) the subjective condition of common crime. The common crime of intentional crime is the subjective conditions must have.

 

2 how to understand the behavior of joint crime?

 

Answer: the so-called common crime, refers to the various common crime in joint crime, regardless of the degree of participation, division of labor, all joint crime is always the organic link in the whole chain, committing a crime, the behavior is an essential part of. Between each joint crime and the crime results, have a causal relationship, are the result of crime common cause. This is the objective elements of crime, the objective basis is also common crime of criminal responsibility. The common criminal acts, including joint implementation behavior, organizational behavior, abetting and helping behavior.

 

What are the 3 common forms of crime?

 

A: on the form of common crime, may from the different angle or make many partition according to the different standards. In China, according to the criminal law circles, the form of common crime can be divided into the following four types:

 

(1) to the common crime can be arbitrary form, classified as a joint crime arbitrary and necessary;

 

(2) the formation of joint crime time, classified as a premeditated joint crime and non premeditated joint crime;

 

(3) there is no division between the common crime in joint crime, classified as simple and complex;

 

(4) in the common crime is no organization form, can be divided into general common crime and the special joint crime.

 

4 what is the principal and the principal punishment?

 

Answer: Article twenty-sixth of the criminal law provisions in the first paragraph: "organization, leads a criminal group in carrying out criminal activities or play a principal role in a joint crime, are the main culprits." Principal offender in the criminal law of our country has the following three kinds of circumstances:

 

    (1) from the criminal organization, planning, command in the criminal group, also is the organizing offender, is a kind of important molecules.

 

    (2) from the criminal organization, planning, command in the crime, but also a kind of important molecules.

 

(3) other plays a principal role in a joint crime in the criminal, the major crime.

 

The problem of criminal responsibility of the principal of the third and fourth paragraphs of this article twenty-sixth of criminal law made special provisions. According to this provision, the principal's criminal liability can be divided into two types: one is the ringleader who organizes, leads a criminal group, according to all the crimes the group has committed two penalties; the other is the principal, shall participate in or organize, command of all criminal punishment.

 

5 what is the crime group? What are its characteristics?

 

The so-called criminal group, according to the provisions of article second of criminal law twenty-sixth, is more than three persons for the common crime is fixedly consisted of organized crime. Crime group, must also meet the following conditions:

 

(1) the number of specific subject. The number of the crime group must be in three or more people.

 

(2) specific criminal purpose. Generally speaking, the crime group is to implement a crime or several crimes and organized, so with a clear purpose of crime.

 

(3) organized criminal activities. This refers to the criminal group, members are fixed, with the relationship between leading and being led inside.

 

(4) the crime member stability. This refers to the members of the criminal group is relatively fixed, they in the implementation of one or more after the crime, the organization still exists, a member of the group is not a crime because of the completion of the change.

 

Five, case analysis

 

Some 1 troops of Chen and Wang in the duty room facing the wall and practice marksmanship. When the renwubu minister told Chen, Wang to discourage, said the accident prone. But Chen, Wang did not listen, continue to practice marksmanship. Wang Kaiqiang, Chen loaded, the bullet through the window and killed walking on the sidewalk zhang.

 

Please analyze: Chen and Wang are common crime? Why?

 

2 A, B, C, D four defendants are grown men. One day, they drink together, a proposal to the riverside of cargo theft, B, C, D agreed. A and B to dispatch daggers and bicycle, Ding to spy on the crime of terrain. After nightfall, a, B, accused Ding San together, by Ding lead to one with the export cargo theft export clothing, clothing bundles of 3, the value Renminbi 3000 yuan; second days a to B to C to fence, B find C, C said repeatedly not stem, B said: "embarkation easily put it, not to take care of your dog's life. "C as it cannot be helped, and stolen goods sold, the proceeds from the four defendants.

 

Please analysis: if a and B, C, D, the act belongs to the common crime? How to their own position?

 

Answer.

 

1 Chen and Wang's behavior belongs to the common crime.

 

Key to the case that Chen and Wang's mental attitude. From the case analysis of Chen and Wang as a soldier at the wall real guns and bullets practice marksmanship, turn a deaf ear to the renwubu minister discouraged, with its laissez faire behavior harm as a result of mental attitude. Therefore, Chen and Wang Mou subjective is indirect intention, and the implementation of the common behavior objectively, joint crime.

 

2 A, B, C, D behavior belongs to the common crime.

 

A crime in plays the role of organizing, planning, are the main culprits;

 

B crime tools to assist in the crime, is an accessory;

 

Ding plays a secondary role in the crime, is an accomplice;

 

Propylene is coerced offender.

 

 

 

 

The eleventh chapter  The pattern of crime number

 

 

 

A, noun explanation

 

1, the imaginative joinder of offenses

 

Also known as crime imagination and offence or imagine, refers to a crime violates several charges situations.

 

2, the aggregated consequential offense

 

Also known as the aggravated consequence crime, refers to a crime under the law, because of the serious results and properties of this action is not consistent, aggravate the legal punishment of the law.

 

3, continue to make

 

Also known as the continuous crime, is refers to the crime in the crime to state in a certain period of time.

 

4, continuous offence

 

Refers to the same or intentional crime based on the summary, for a number of the implementation of crime, violated the same criminal case.

 

5, implicated offense

 

Refers to the implementation of a crime for the purpose, and the method of the crime or the result behavior violates other crimes situation.

 

Two, choice

 

Answer: 1.A             2.A

 

The 1 one act violates several provisions of criminal law, the number of crimes, in fact only constitute a crime in the criminal law theory is called        .

 

A. the imaginative joinder of offenses               B. law concurrence

 

C. combination of crime                    D. absorbable offense

 

The crime of illegal detention of 2       .

 

 A. continuous crime                    B. continuous offence

 

 C. implicated offense                    D. recidivist

 

Three, question and answer

 

1 how to understand to make?

 

Answer: continue to make, also called continuous crime, is refers to the crime in the crime to state in a certain period of time. Features to make is illegal and the state while continuing illegal, rather than criminal behavior caused by the illegal state to. Some crimes, illegal behavior when the end, lawlessness is likely to continue, such as theft, illegal possession of stolen goods crime this state lasted for quite a long time may also, until the booty seized so far, continue to this is the simple lawlessness, which in theory of criminal law is known as the state committed to it, no illegal behavior, therefore not continue to make.

 

The 2 implicated offense punishment?

 

Answer: in the theory of criminal law, the crime of implicated offense is a judge, so the serious punishment principle, that is to say, of implicated offender should be used in accordance with the principle of absorption, the number of charges against acts of crime, legal punishment scope is specified in the crime. The discretion of punishment execution. But if the criminal law and the judicial interpretation expressly implement concurrent punishment, should be punished in accordance with the law.

 

3 how to understand continuous offence?

 

Answer; continuous crime is a crime a judgment, not suitable for. According to our country's judicial practice experience, with reference to the relevant provisions of the criminal law of our country, according to different circumstances were addressed: continuous crime in general, can follow a crime shall be given a heavier punishment, harm of continuous offence is serious, can be in accordance with the aggravated punishment, in order to achieve the balance.

 

Four, case analysis

 

Wu in order to steal property, in a train station waiting room theft of a soldier's backpack, no place to open after the discovery, bag in addition to documents, files and RMB 1500 yuan in cash, and a handgun, dozens of bullets. Wu will document, file will be discarded, cash to splurge, and pistol and bullets hid in the home, after being seized.

 

Please analysis: for Wu's behavior should be how to deal with?

 

Answer.

 

Wu to steal property for the purpose of theft, military backpack, there are documents, documents, 1500 yuan in cash and a gun and some bullets, already constituted larceny. Because it does not know inside the gun, it does not constitute a theft of firearms, ammunition, implicated the results only belongs to the crime of theft. Wu then guns and bullets and hidden in the home, should constitute the crime of possession of firearms. Therefore, to the Wu to theft and possession of firearms crimes.

 

 

 

 

The twelfth chapter of criminal responsibility and penalty

 

 

 

A, noun explanation

 

1, criminal responsibility

 

Means and punitive legal duty to the state judicial organ condemned the behavior person should bear the criminal behavior the violation of criminal obligation.

 

In 2, the penalty

 

It is stipulated in the criminal law, the most severe legal sanctions by the judicial organs of the state in accordance with the law on criminal applicable to limit or deprive some rights.

 

3, the purpose of punishment

 

Refers to the State formulates penalty, punishment and execution of penalty the desired results. In our country, to specific performance penalty for special and general prevention.

 

4, special prevention

 

Refers to the prevention of crime to crime has. The special prevention is the only object of crime, namely the implementation of harm the social behavior, should bear criminal responsibility according to law.

 

5, the general prevention

 

Refers to the prevention of crime is not commit crime. The object of general prevention are not criminals, but no crime members of society.

 

Two, single choice

 

1, shall bear criminal responsibility is the start time  A   .

 

The implementation of A. act constitutes a crime

 

When B. acts as the defendant's Litigation

 

C. behavior was confirmed when the guilty sentence

 

When the D. for the behavior of guilty verdict

 

2, the main way of criminal responsibility is C   .

 

A, forgive              B, from the way the conviction

 

C, penalty              D, special treatment

 

    Three, fill in the blanks

 

1 criminal liability and punitive legal duty is condemned to give the judicial organs of the state behavior that should be undertaken for the crime the violation of criminal obligation.

 

Criminal responsibility is between 2  Crime   And  Punishment   The bridge and link between, it is Crime   Consequences, it is  Punishment   Forerunner.

 

3   Punishment   Is the main form of criminal responsibility.

 

4 criminal liability has criminal liability has shall, rebuke basic characteristics, severity, exclusive, timeliness.

 

5 the criminal responsibility of the time, in the theory of criminal law, the general can be divided into determined he should bear criminal responsibility time, may bear criminal responsibility, criminal responsibility of time time.

 

The penalty power can be divided into 6 The system of punishment right  , For the punishment power  , The right of sentencing  , Execution right  Four power.

 

Application of punishment is the object 7   Criminal   .

 

Apply the 8 penalty on criminals has the transformation, deprives the crime condition, eliminate body three basic functions.

 

9 the purpose of punishment is to prevent crime, including Special prevention  And  Prevention  .

 

Four, question and answer

 

What is the concept of 1 criminal responsibility?

 

Answer: refers to punitive legal obligations and condemned to give the judicial organs of the state behavior that should be undertaken for crimes, the criminal duty.

 

2 what are the characteristics of criminal responsibility?

 

Answer: criminal responsibility not only has the general character of legal responsibility, but also has the criminal responsibility of the individual, its features are as follows:

 

  (1) criminal liability has ought to. As long as a behavior crime, behavior person should bear criminal responsibility. Criminal responsibility is the inevitable result of crime, commit a crime, criminal liability will emerge as the times require.

 

(2) having a rebuke of criminal responsibility. Criminal responsibility is to blame and blame on crime and crime, show that the negative evaluation of national legislation and judicial organs of criminal behavior.

 

(3) the criminal liability is strict. Strict criminal liability, is refers to the criminal responsibility under the subject, it is a kind of legal liability is the most serious consequences. Civil liability, administrative liability is the most severe, criminal responsibility, it can limit, deprivation of personal freedom, and even deprived of human life.

 

(4) criminal liability has exclusive. Only the criminal liability by violating the criminal duty person that criminals undertaking, shall not be transferred to others to bear the responsibility, namely "responsibility conceited, self".

 

(5) criminal responsibility has timeliness. Behavior committed the crime, shall be investigated for criminal responsibility for the country not indefinitely, criminal law clearly stipulates the legal deadline of prosecution, the expiration of the time limit, the criminal liability will vanish.

 

Implementation process of the 3 how to understand the criminal responsibility?

 

Answer: the realization of criminal responsibility, is meant to represent the state judicial organs shall be investigated for criminal responsibility by litigation activities and forcing behavior performance process of criminal obligation, but also people from shall bear criminal responsibility, the actual criminal liability to the termination of the process of criminal responsibility.

 

What are the way to bear criminal responsibility for 4?

 

Answer: according to the law of our country, the suspect to undertake the criminal responsibility is the following: (1) convicted way. The penalty is one of the most important ways of realization of criminal responsibility, criminal responsibility and other key points is the legal responsibility of different properties. Therefore, the people's court sentenced to a punishment is the main way of behavior of criminal responsibility.

 

(2) from the way of conviction. The people's court for a guilty verdict for the behavior, at the same time declared exempt from punishment, this is also a way of behavior of criminal responsibility. Criminal responsibility in this way, must have the legal reason.

 

(3) special treatment. According to the provisions of article eleventh of the criminal law of China, the criminal responsibility of foreigners who enjoy diplomatic privileges and immunities, resolved through diplomatic channels.

 

The relationship between 5 special prevention and general prevention?

 

Answer: the special and general prevention is the basic content of the purpose of punishment, is two kinds of means of crime prevention, between the two is a unity of opposites and dialectical relationship.

 

   Special and general prevention is to distinguish and for prevention of different objects, but the two is consistent with the purpose, that is, in order to prevent crime. At the same time, and realize the two approaches are basically the same, give full play to all depends on various penalty functions. Therefore, establishment, application and enforcement of the penalty, it is necessary to consider the special prevention, but also consider the general prevention, abandon any aspect of them, will be difficult to achieve the purpose of punishment.

 

 

 

　　

 

 

System and the thirteenth chapter of punishment

 

A,   Noun explanation

 

1, the main

 

Is the main method of punishment for criminals to independence.

 

2, the supplementary punishment

 

Is the penalty methods applicable supplementary punishment. Supplementary punishments can be added to the principal penalty applicable, and can be applied independently.

 

3, the fine

 

Belongs to the category of property punishment, it is based on criminal enforcement (including natural person and unit) to pay money for the content of the penalty method.

 

4, deported

 

Foreigners forcing crime left Chinese country (edge) penalty method environment.

 

Two,   Multiple choice questions

 

Answer: 1.C   2.A  3.C 4.D  5.B    6.B   7.D

 

The minimum period of 1 control is       .

 

A. fifteen                    B. a month

 

C. three months                    D. six months

 

The 2 were sentenced to    Criminals, participate in work during execution, shall be equal pay for equal work.

 

A. control                      B. detention

 

C. in prison                  D. life imprisonment

 

3 prison term for       .

 

A. more than three months to fifteen years       B. more than three months to twenty years

 

C. more than six months to fifteen years     D. more than six months to twenty years

 

4 execution to fixed-term imprisonment is counted from       Calculation of.

 

A. judgment                 B. decree

 

C. order to fixed-term imprisonment is the day     D. suspension of execution of death penalty the expiry date

 

5 shall be sentenced to a fine shall, according to the        Determine the amount of the fine.

 

The A. nature of the crime                 B. the circumstances of the crime

 

C. the proceeds of crime                 Economic situation of D. crime

 

The 6 criminals sentenced to criminal detention or in prison, and deprivation of political rights, the term of deprivation of political rights is       .

 

A. and principal penalty equal period             B. one to five years

 

C. one to eight years         D. three to ten years

 

7 execution to fixed-term imprisonment or life imprisonment sentence, should put additional deprivation of political rights shall be changed to        .

 

A. one to five years         B. one to ten years

 

C. three to eight years         D. three to ten years

 

Three, multiple choice questions

 

The answer; 1.BD      2.AD      3.AB

 

1 the death penalty does not apply to         .

 

A. crime under the age of 16     B. crime under the age of 18

 

Women pregnant C. crime          Women pregnant D. trial

 

2 execution to fixed-term imprisonment is conditions          .

 

A. is not a deliberate crime              B. true repentance

 

C. true repentance and performs meritorious services      D. does have significant meritorious service

 

3 who has been sentenced to         Criminals, shall be deprived of political rights for life.

 

A. death penalty                      B. life imprisonment

 

C. deported                 D. for more than fifteen years in prison

 

Four, fill in the blanks

 

1 the provisions of the criminal law of the principal punishments are   Control  ,  Criminal detention     ,  Fixed-term imprisonment    ,    Life imprisonment   ,   Death penalty    .

 

2 the term of control for It's been 3 monthsOver the following 2 years, cumulative punishment shall not exceed 3 years.

 

3 control sentence, calculated from the date of execution of judgment; judgment in custody before the execution of the detention of 1 days, the term is to be shortened  The 2 day  .

 

4 detention period, for more than 1 months  It's been 6 months  The following, can not exceed the maximum punishment   1 years   .

 

Criminals sentenced to criminal detention by 5  Police   The nearest execution.

 

6 the prison term, as It's been 6 months  Over the following 15 years, can not exceed the maximum punishment  20 years  .

 

7 for the criminals should be sentenced to death, if immediate execution is not necessary, can simultaneously declares a sentenced to death  2 years   Execution.

 

Type the additional penalty to the criminal code of 8 is fine,  Deprivation of political rights  ,       Confiscation of property And deported.

 

Five, question and answer

 

　What is the 1 Application of the death penalty?

 

   Answer: article forty-eighth of the criminal law, the death penalty criminals in the most serious offense.

 

On the "most serious crimes", the criminal law has not been clearly defined, according to the general theory of criminal law in our country, is the unity of the subjective and objective hazards, including the nature of the crime and the consequences are especially serious, subjective malignant and also includes the criminal offender risk is particularly great. Concrete can be from three aspects, namely, the nature of the crime is especially serious harm, especially serious consequences, if the circumstances are especially bad.

 

2 how to understand in our criminal law system of death sentence with a reprieve?

 

   Answer: the provisions of the first paragraph of article forty-eighth of the criminal law, the criminal should be sentenced to death, if immediate execution is not essential, may be announced at the same time with 2 years reprieve sentenced to death. This is in our country criminal law execution system, referred to as the death sentence with a reprieve.

 

   Death is not a kind of punishment, but a death penalty system in use. With no independent application, only in the premise of the criminals sentenced to death, only applies the possibility, showing that the death penalty is a prerequisite for a suspended death sentence. All criminals who may be sentenced to death in general can apply to death with reprieve; no death penalty crime, can not apply to death with reprieve.

 

  What are the characteristics of the 3 life imprisonment?

 

Answer: the legal characteristics of life imprisonment is mainly manifested in the following three aspects:

 

  (1) the criminals are held.

 

  (2) to deprive criminals of life free. That is to say, if the criminals in prison have not been commuted sentence, life in prison, which reflects the severity of the penalty of life in prison without. Lifelong deprivation of personal liberty is the most prominent feature of life imprisonment.

 

  (3) reflected in the content of compulsory labor reform of criminals, which reflects the life imprisonment correction, education of criminals, to become the positive role of social new. 

 

Methods 4 penalties are there?

 

Answer: according to Chinese criminal law, there are four kinds of application modes of the fine: 

 

    (1) a single type, fine penalty only criminal law mainly applies to the unit crime. In this case, only suitable for fine.

 

    (2) the course selection type, fine as an additional penalty, which can be attached to the application, and can be used separately. In this case, the fine as a legal punishment can be selected, can apply individually, not attached to the application.

 

    (3) and a type, and a fine in the criminal law of our country, and almost all will.

 

   (4) composite, composite type is single and shall also be fined as prescribed in one law, to choose suitable.

 

 

The fourteenth chapterMeasurement of penalty

 

 

 

A, noun explanation

 

1, the legal circumstances

 

Refers to the legal provisions to the specific content, can affect the fact the severity of the sentence.

 

2, discretionary circumstances

 

Also called the referee plots, refers to the criminal law does not expressly provided, but according to the spirit of the legislation from the trial practice experience, personal danger degree to reflect the social harm of crime and the crime person, in the sentencing discretion applicable circumstances.

 

3, the recidivist

 

Is the result of crime and have a certain level of penalty, the penalty is finished or pardon, certain crimes committed within the statutory time limit.

 

4, to surrender

 

Refers to the offender voluntarily surrender after, truthfully confesses the crime behavior, or coercive measures of criminal suspects, defendants and is serving a sentence, the confession of the judicial organ has not grasped myself other crimes act.

 

5, the combined punishment for several crimes

 

Is refers to the people's court for acts committed several crimes are the conviction and sentencing, method the decision should execute the penalty calculated in accordance with the principles of concurrent and legal system.        

 

Two, single choice

 

Answer.

 

 1.C        2.C        3.D      4.D       5.C

 

6.C        7.C        8.A      9.C      

 

1 he shall be given a heavier punishment refers to the selection of applicable within the legally prescribed limits     Punishment.

 

A. most                     B. re

 

C. is relatively heavy                 D. above the median line

 

2 lighter punishment refers to the selection of applicable within the legally prescribed limits     Punishment.

 

A. light                     B. light

 

C. relatively light                 D. below the median line

 

3 although the criminals do not have the provisions of the criminal law of mitigating circumstances, but according to the special circumstances of the case, sentenced to the minimum statutory penalty or overload, the      , also may be sentenced to a punishment below the legally prescribed punishment.

 

A. senior people's court         B. senior people's court for approval

 

C. Supreme People's court         D. approval of the Supreme People's court

 

4 a criminal element sentenced to fixed-term sentence or more severe punishment, punishment is finished or pardon, in      Within the recidivism should be sentenced to the punishment of sin is the general recidivism.

 

A. a year                     B. two years

 

C. three years                      D. five years

 

5 crime after the surrender and major meritorious services, shall be      Punishment.

 

A. lighter or mitigated             B. reduce

 

C. reduce or waive             D. exemption

 

6 Wang was sentenced to death for the crime of intentional homicide, was convicted of theft was sentenced to 10 years in prison, a fine of 50000 yuan. Execution of the penalty decision, shall take      .

 

A. absorption principle               B. limitative aggravation principle

 

C. absorption principle and principle of merger     D. absorption and limitative aggravation principle

 

7 combined punishment for several crimes, are to be sentenced to not more than the highest       .

 

A. ten years                    B. fifteen years

 

C. twenty years                  D. twenty-five years

 

8 combined punishment for several crimes, criminal detention may not exceed the maximum         .

 

A. a year                    B. two years

 

C. three years                    D. five years

 

9 may not exceed the maximum punishment, control        .

 

A. a year                    B. two years

 

C. three years                     D. five years

 

Three, fill in the blanks

 

1 of the criminal punishment, should be based on the nature of crime, the crime fact

 

    The plot   And for the society  The harm degree    In accordance with the relevant provisions of the criminal law, sentenced to.

 

2 common circumstances are the motive for the crime,  The means of crime   The time, place, crime,  The violation object  Criminals, consistent performance, The result of crime   ,  After the crime attitude  Etc..

 

Is divided into 3  General recidivism   And  Special recidivism     Two.

 

4 for recidivism, shall  Heavier  Punishment.

 

Concurrent punishment for several crimes take 5 of China's criminal law is the limitative aggravation principle, and at the same time

 

     Absorption    The principle and the  And Science   The principle of reasonable factors.

 

6 in the number of crime, is sentenced to death or life imprisonment, take  Absorption principle  .

 

7 in the number of sin, sentenced to two or more in prison, detention or control, take the limitative aggravation principle.

 

8 in several crimes in addition to sentenced to punishment, but also to additional punishment, take And Science  Principle.

 

Applicable object of 9 was sentenced to probation  Less than 3 years imprisonment    Or       The criminal detention.

 

9 sentenced to probation period for the following period for more than one year, but may not be less than 2 months.

 

The 10 term of the probation period for suspension or above 5 years  The following, but not less than   1 years    .

 

Four, question and answer

 

What is the principle of the 1 provisions of the criminal law of China?

 

Answer: General principles of sentencing, is refers to the people's court in the range of legal punishment or basis, decide on the criminal punishment and severity of punishment is the guiding ideology and principles.

 

Our country criminal law sixty-first stipulation: "when deciding the punishment of a criminal element, should be based on the facts of the crime, the nature of the crime, the plot and the degree of harm to society, to the relevant provisions of this law." According to this provision, the general principles of sentencing can be summarized as: the criminal facts, taking the criminal law as the criterion.

 

??How to implement the punishment of crime number 2?

 

Answer: our country criminal law in sixty-ninth generally established the limitative aggravation principle, also taking into account the and absorption principle and a principle, specifically:

 

   (1) a number of judgment is pronounced punishment for prison, criminal detention or control, take the limitative aggravation principle;

 

(2) the death penalty or life imprisonment, the absorption principle;

 

(3) additional punishment of sentenced, generally adopts the principle of merger, the supplementary punishment shall still be executed.

 

??3 to surrender to that?

 

Answer: according to article sixty-seventh of the criminal law, surrendered to surrender and special surrender in two. General voluntary surrender refers to the criminals after the voluntary surrender, truthfully confesses the crime behavior. The general surrender of the established shall meet the following conditions:

 

    (1) the voluntary surrender. The so-called "automatic", is refers to the criminal offender in the crime, being captured by before, to the relevant authorities or individuals, admit to the crime, under control and voluntary in the investment agency or individual, waiting for the account of the facts of the crime, and finally accept the national trial and judgment of behavior.

 

(2) the confession of his crime. After the criminals voluntarily surrender, only the confession of his crime, will be enough to prove its sincere repentance performance. So, whether the confession of his crime is an important condition of self confession.

 

What are the conditions for the establishment of 4 recidivism?

 

A: the general recidivism constitute conditions include the following:

 

The 1 preceding crime and crime is intentional crime, the subjective conditions pose a recidivism.

 

2 years ago was sentenced to penalty above, after the crime shall be sentenced penalty above, this is the punishment conditions pose a recidivism.

 

3 after the crime occurred in the former crime punishment is finished or pardon after 5 years, this is a time of recidivism.

 

5 voluntary surrender and confession: what is the relationship?

 

Answer: the so-called confession, is refers to the criminal offender being captured, he truthfully answer the alleged criminal facts, and accept the national review and decision behavior. Therefore, surrender and confess all belong to the offender on the category of crimes committed by their own attitude.

 

   Surrender and confess there are similarities: the behavior person committed a crime is the premise; crime in justice can truthfully confessed his crimes; both to ask the criminal to receive the national review and adjudication; both are lenient punishment.

 

Voluntary surrender and confession exists obvious difference is: after the surrender criminal who voluntarily surrender, active truthfully confessed his crimes behavior, suggesting that the dangerousness of the criminal is relatively light, it is because of this, the criminal law will surrender as legal lenient punishment; Frank is criminal passive justice, confessing his alleged crime behavior, the dangerousness of the criminal and surrendering criminal is relatively heavy, therefore, frankly just discretion of mitigating circumstances.

 

Five, case analysis

 

1 li Mou of the accused person convicted of the crime of intentional injury was sentenced to 1 years in prison, 2 years probation. During the probation period not to commit new crimes, but in less than 1 years after the expiration of the probation period and larceny, shall be sentenced to 3 years in prison.

 

Please analyze: Lee recidivism? Why?

 

2 mA was convicted of theft was sentenced to 5 years in prison. Active account also has been guilty of theft in the serving process. The investigation by the public security organs, indeed, the facts of the crime had been discovered by the public security organ, the offender has not been able to identify only, not cracked the case.

 

Please analyze: Ma active account theft behavior whether to belong to surrender? Why?

 

3 li Mou of the accused person was detained by the police for theft after truthful account of theft crimes, and also explained once rob other property crimes, it was true.

 

Please analyze: Lee explained rob other property crimes behavior whether to belong to surrender? Why?

 

Answer.

 

1 Lee does not constitute recidivism.

 

Probation period non execution of the original punishment, and one of the conditions is the recidivist punishment is finished or pardon after 5 years, no longer execution is not completed said, therefore cannot constitute recidivism.

 

2 Ma active account theft behavior does not belong to surrender.

 

According to the judicial interpretation, is serving a sentence truthfully confessed, the judiciary has not yet grasp the crime, and the judicial organs have mastered or judgment crime is the same crimes, can be punished more leniently, but do not belong to surrender.

 

3 li Mou metasomatism rob other property crimes behaviors belong to surrender.

 

According to the judicial interpretation, the criminal in prison, crime and judicial organs the confession of the judiciary has not yet mastered have master or judgment crime belong to different crimes, to surrender.

 

 

 

 

 

 

The fifteenth chapter the execution of punishment and elimination system

 

 

 

A, noun explanation

 

1, the commutation

 

Refers to the sentenced to public surveillance, criminal detention, fixed-term and life imprisonment of criminals, in penalty execution period, because the true repentance or performed meritorious service, so its original sentence penalty to be an appropriate to reduce the penalty execution system.

 

2, the parole

 

Is to be sentenced criminals in prison, life imprisonment, after the implementation of certain sentence, because it conscientiously observes prison regulations, accepts education and reform, shows true repentance, and will not cause further harm to society, and the conditions attached to the advance release system.

 

3, aging

 

Refers to the period of validity of criminal law on the crime of state Exercising Criminal Prosecution and punishment right.

 

4, the limitation of prosecution

 

Refers to the validity of the provisions of the criminal law on the crime of criminal responsibility. Beyond the statutory period for prosecution, the judiciary or the person shall have the right to prosecution of criminals.

 

Two, single choice

 

Answer: 1.C      2.C     3.B      4.D

 

1 sentenced to criminal, after commutation of sentence carried out, not to 

 

       .

 

A. five years                        B. ten years

 

The original term of 1/2 C.          D. fifteen years

 

2 a criminal element sentenced to life imprisonment, to execution     Later, may be granted parole.

 

The term originally decided 1/2 A.           B. five years

 

C. ten years                        D. fifteen years

 

3 the maximum statutory penalty of ten years in prison, the period for prosecution for      .

 

A. ten years                  B. fifteen years

 

C. twenty years                D. twenty-five years

 

4 criminal act is of a continuous or continuing state, the period from     Calculated from the date of.

 

A. crime                  Stop the B. crime

 

C. crime occurs          The D. crime

 

Three, fill in the blanks

 

1 after commutation, the actual implementation of the prison, sentenced to public surveillance, detention, prison, not less than the term originally decided   1/2  ; sentenced to life imprisonment, not less than   10 years    .

 

2 of the criminal sentence, by the executive authorities to  Intermediate   The people's court a written proposal for commutation of punishment.

 

3 non  Statutory   The program shall be commuted.

 

4 life imprisonment sentence to sentence, from the ruling Commutation date  Calculation of.

 

5 recidivists and for murder, robbery, rape, kidnapping, explosion and other violent crimes was sentenced to ten years in prison, life imprisonment of criminals, without the possibility of parole.

 

The 7 term of the probation period, has not been completed sentence of life imprisonment; the probation period for  10 years    .

 

The 8 time, generally divided into  Limitation of prosecution  And the execution time of two.

 

9 the maximum statutory penalty for dissatisfaction in prison 5 years after the crime5 years Years, not the prosecution.

 

10 the maximum statutory penalty of 10 years in prison after the crime 15 years Years, not the prosecution.

 

Four, question and answer

 

??What is the suitable conditions of the 1 sentence?

 

Answer: according to the provisions of article Seventy-eighth of the criminal law, commutation of the sentence into his sentence may be commuted sentence shall be reduced, two. Application of commutation, must meet the following conditions:

 

(1) the object condition. The application of commutation in sentenced to public surveillance, criminal detention, fixed-term imprisonment of criminals.

 

(2) substantive condition. Substantive conditions of commutation, crime in penalty execution period conscientiously observes prison regulations, accepts education and reform, shows true repentance or performs meritorious services.

 

(3) limit. According to the provisions of article Seventy-eighth of the criminal law, the commutation limit for the actual execution of the sentence: after commutation, sentenced to public surveillance, detention, prison, not less than the term originally decided 1/2; sentenced to life imprisonment, not less than 10 years.

 

What is the 2 procedures of commutation?

 

Answer: the procedures of commutation, according to the provisions of article seventy-ninth of the criminal law, criminal penalty, the people's court at or above the intermediate written proposal for commutation of punishment, the people's court shall form a collegial panel to conduct the trial, the true repentance or crime fact, decide to reduce punishment. Without legal procedures shall not commutation.

 

What is the 3 parole conditions?

 

Answer: according to the provisions of article eighty-first of the criminal law, the application of parole must comply with the following conditions:

 

   (1) the object condition. Parole is only applicable to a criminal element sentenced to fixed-term sentence or imprisonment, but on the recidivism and for murder, robbery, rape, kidnapping, explosion and other violent crimes was sentenced to 10 years in prison, life imprisonment of criminals except.

 

   (2) substantive condition. The criminals he conscientiously observes prison regulations, accepts education and reform, shows true repentance, parole and will not cause further harm to society, this is the substantive condition of parole or critical condition.

 

    (3) the time limit condition. Parole is only applicable to the criminals have performed a part of punishment, according to article eighty-first of the criminal law and relevant judicial interpretations, a criminal element sentenced to life imprisonment, the actual implementation of more than 10 years, can apply for parole; to life imprisonment sentence criminals, still should according to the original sentenced to life imprisonment execution more than 10 years, can apply for parole.

 

4 the difference between parole and probation?

 

A: unlike the probation parole. Probation in conditions, must be criminals with severe need for medical treatment, pregnant women and nursing a baby, but if the case disappeared, the penalty is not completed, still need to perform; a parolee, if no new crime committed in the test period, found no leaks the crime or not the judgment, or not in violation of laws, administrative regulations and relevant provisions of the management, the punishment originally decided shall be considered completed, instead of the implementation of the original penalty.

 

 

 

 

 

 

The sixteenth chapterAn introduction to the theory of criminal law

 

 

 

A,   Noun explanation

 

1, crime

 

Refers to the basic characteristics of the crime criminal law punishment provision description.

 

2, a simple count

 

In the article simply describes the basic features of concrete crime.

 

3, the legal punishment

 

Refers to the types and range of applicable criminal punishment criminal law crime type the provisions of the specific crime.

 

4, citation counts

 

Other terms that refer to specific provisions of the criminal law to explain and determine the composition of a crime.

 

5, blank description of crime

 

That is not on the provisions that constitute a crime, but points out the crime the other laws, regulations refer to.    

 

Two,   Fill in the blanks

 

1 the provisions of criminal law is usually composed of  Counts  And Legal penalty   The two part composition.

 

2 because of the criminal law provisions on crime description in different ways, it can generally be divided intoA simple count    ,   The Syrian people counts   ,  Blank description of crime   And       Citation counts four.

 

3 the charge effect as the basis, divided The legislation  , Judicial charges  , Theory of crime   .

 

4 for the constitution of a crime based on the contents, charges can be divided into Single count  And the choice of charges.

 

   5 legal punishment in general can be divided into the absolute determination of legal penalty, the absolute uncertainty of legal punishment and to determine the relative legal penalty of three.

 

Three,   Questions and answers

 

1, the basis and significance of criminal law system arrangement;

 

Answer: criminal law is of great significance for the crime classification arrangement reasonable:

 

(1) in the aspect of legislation, the crime classification arrangement, establishing the system of criminal law science, shows that the legislative value orientation of the crime and the understanding of the nature and criminal law protection, criminal law crime which reflect the key.

 

(2) in the administration of justice, arrangement of crime, has the basic characteristics of helpful to judicial workers more accurate understanding of various types of crime, to grasp the degree of harm of various crimes, the distinction between the boundaries between crime and the crime, the correct application of criminal law.

 

(3) in the study of the theory of criminal law, crime classification arrangement, is conducive to the theoretical discussion and interpretation of various criminal legislative intent, the general characteristics and the harm degree, in-depth study is conducive to the type of crime and crime, is conducive to judicial practice is to determine the punishment for the crime of providing theoretical guidance.

 

2, counts and species;

 

Answer: crime, refers to the basic characteristics of the crime criminal law punishment provision description. The theory is generally divided into four categories:

 

Simple counts, namely on the provision of simply describe the basic characteristics of the specific crime.

 

Prove guilt, namely the detail features on the provision of specific crime.

 

Citation counts, or references to other provisions of criminal law to explain and determine the composition of a crime.

 

Blank description of crime, that is not on the provisions that constitute a crime, but points out the crime the other laws, regulations refer to.

 

3, the concept and classification of the statutory punishment.

 

Answer: the theory of criminal law on general legal punishment can be divided into three types, namely, the absolute determination of legal penalty, the absolute uncertainty of legal punishment and to determine the relative legal punishment.

 

(1) the absolute determination of legal penalty, is the penalty for a crime refers to the provisions of the regulations, only single fixed without sentencing range. Because the legal punishment cannot be absolutely certain that the judge is selected according to the severity of the appropriate penalty circumstances, is not conducive to receive the good effect of the penalty, so our criminal law is rarely the statutory sentence form.

 

(2) the absolute uncertainty of legal punishment, refers to the provision of a crime, not stipulated punishment and sentencing range specific, only the provisions of the crime by penalty punishment, specifically how to master completely by the judge. Because of the absolute uncertainty of legal punishment embodies the threatened penalty ideas, there is no uniform standard of measurement of penalty, easy to cause the imbalance of the judge's discretion of punishment, the criminal law of our country without the statutory sentence form.

 

(3) to determine the relative legal punishment, refers to the provision of a crime stipulated punishment and sentencing range certain. Since the legal punishment of this form of both penalty limits, and discretionary space, easy to judge based on ensuring the judicial unity, according to the specific situation of harm and criminal crime, select the appropriate punishment in legal punishment range, conducive to the realization of the purpose of penalty, which is generally the criminal law of countries all over the world.

 

 

 

 

The seventeenth chapter The crime of endangering national security

 

 

 

A, noun explanation

 

1, the offence of treason

 

Refers to the China citizens that collaborated with foreign, harm the people's Republic of China's sovereignty, territorial integrity and security act.

 

2, the escape

 

Refers to that the state personnel in performing his duties, leaves his post without permission, from overseas or on the outside of the country, endangering the state security of the people's Republic of China behavior.

 

3, espionage

 

Refers to the spy organization, or accept the spy organization and its agent, task, or war directing the enemy to bombardment of the target behavior.

 

Two, fill in the blanks

 

1 collaborated with foreign, harm the people's Republic of China Sovereignty  , territorial integrity and   Safety   Behavior, constitute the crime of treason.

 

2 for driving, stress, seduce, staff, buying agency members of the armed forces, the people's police, militia to carry out armed rebellion or armed riots, should be in accordance with the armed rebellion, violence crime shall be given a heavier punishment.

 

3 the main escape is  The personnel of state organs   .

 

In 4  The spy organization   Or accept  The agent assigned    For the enemy, or instructions Bombardment of the target  , act endangering State security, form a murder.

 

Three, question and answer

 

1 concepts and characteristics of the crime of betraying state;

 

Answer: the betrayal of the state, is refers to Chinese citizens with foreign, harm the people's Republic of China's sovereignty, territorial integrity and security act.

 

The characteristics are as follows:

 

(1) the object is the national sovereignty, territorial integrity and security.

 

(2) the objective aspect of the performance with foreign, harm the people's Republic of China's national sovereignty, territorial integrity and security act. The specific content includes two aspects: one is with foreign, that behavior in various ways with foreign liaison, organization, planning and other activities, which means behavior. Two is the harm to national sovereignty, territorial integrity and security, this is the objective behavior of the implementation of.

 

(3) is the main China citizens, and is usually higher position in the party and the state organs of the party and the state power, master or higher social status, greater political influence.

 

(4) are deliberately subjective, and has the danger of the people's Republic of China national sovereignty, territorial integrity and security of the direct purpose.

 

The basic characteristics of 2 rebels escape?

 

Answer: the fugitive, refers to that the state personnel in performing his duties, leaves his post without permission, from overseas or on the outside of the country, endangering the state security of the people's Republic of China behavior.

 

The following are the main characteristics of the crime:

 

(1) the object is the people's Republic of China's national security.

 

(2) the objective aspect of the performance in performing his duties, leaves his post without permission, from overseas or on the outside of the country, endangering the state security of the people's Republic of China behavior. "Absent without leave", refers to leave their posts in violation of the provisions of the act; "from outside" refers to the execution of business within the territory of period, by domestic fled to overseas behavior; "on the outside of the country", refers to the execution of business outside the organization, or not returned to overseas institutions, behavior. This crime is the behavior of crime, as long as the behavior of the implementation of the escape behavior and may endanger national security, on the establishment of this crime accomplished, and does not require actual harm results.

 

(3) subject is the staff of state organs, according to the provisions in the second paragraph of the criminal law 109th, grasp the state secret national staff can constitute the subject of this crime.

 

(4) are deliberately subjective.

 

The 3 identified espionage should pay attention to what the problem?

 

Answer: in the crime, should pay attention to draw the boundary between crime and non crime.

 

The basic limit espionage crime in:

 

(1) whether the actor has deliberately endangering the state security of the people's Republic of china;

 

(2) the action is the implementation of the criminal code of the people's Republic of China specific harm the National Security Act of espionage. Those in the espionage organization of work, activities, medical, office purchases and other service is only engaged in a general, not to spy on.

 

(3) for espionage organization behavior belongs to the act of crime. The behavior of people joined the spy organization through certain procedures, to become a spy organization behavior is crime, does not require the espionage concrete after joining.

 

In addition, making a clear distinction between crime of espionage and stealing, spying, buying, illegally providing state secrets, intelligence crime. (see stealing, spying, buying, illegally providing state secrets, intelligence crime)

 

Five, case analysis

 

During the period of the defendant in a body of secretary in chief, and the units of a female cadres (married) multiple adultery, by his colleagues sun exposure, Lee therefore subject to disciplinary sanctions, so the sun hatred, revenge. In April of that year, Li Mofangsun's handwriting has written three letters sent to a country located in Hongkong's intelligence agencies, the letter also accompanied by some was at the National People's Congress material, of which three briefing session belongs to the "secret" level. Then, Lee wrote to the Public Security Bureau in the name of "insider", requirements are traced to transfer information about sun wrote. The letters were the police intercepted, and find out for the defendant.

 

Analysis: whether the defendant Lee's behavior constituted a crime? Constitute what crime? Why?

 

Answer.

 

Lee's behavior has constituted illegally providing state secrets to overseas, intelligence and the crime of false accusation.

 

Lee to avenge their colleagues Sunmou forged handwriting, first Sunmou intent and overseas organizations and providing state secrets, intelligence, constitution, intelligence crime of illegally providing state secrets. Then to the public security organ is falsely accused Sunmou outside the organization to providing state secrets, intelligence, intended to make the sun by the criminal prosecution, constitute the crime of false accusation, Lee should be two crimes.

 

 

 

 

The eighteenth chapter The crime of endangering public safety

 

 

 

A, noun explanation

 

1, the crime of aircraft

 

Refers to the violence, coercion or other means of hijacking behavior.

 

2, liability accident crime

 

Is in violation of the provisions of the safety management in production, operation, or force others to illegal adventure homework, thus causing major casualties or other serious consequences.

 

3, traffic crime

 

Refers to the violation of the traffic regulations, the occurrence of major accidents, injuries, or human induced death, resulting in serious losses to public or private property behavior.

 

Two, choice

 

Answer.

 

1.A     2.C       3.B.      4.A          5.A

 

6.B     7.B       8.D       9.B

 

The 1 man attempted to a warehouse burned, in one day late into the night in the warehouse doors and windows with gasoline fire point, fortunately patrol found, put out in time, thus causing no serious damage. The man should take (    As).

 

A. arson (attempted)                  B. arson (accomplished)

 

C. vandalism                D. crime of sabotaging production and business operation

 

2 arson, explosion, poisoning crime, crime of the crime of sabotaging means of transportation are (  ).

 

A. behavior crime                    The B. result crime

 

C. dangerous crime                    D. act crime

 

The 3 man out of spite revenge for personal purposes, the bomb in the factory, the machine in operation to blow up, and will shift workers B severely damaged, production has been severely damaged. A man's behavior (  ).

 

A the crime of intentional injury                B. explosion crime

 

C. crime of sabotaging production and business operation            D. vandalism

 

4 Wu and Liu love fails, then deliberately killed liu. One day, he took the Liu out of the machine, into Liu Moujiazhong, will be equipped with timing detonator homemade bombs placed in Liu's bed. Liu and classmate Lee home together after sleep, bomb, Liu and Li Moujun was severely damaged. Wu's behavior (  ).

 

A. intentional homicide               B. retaliation against a crime

 

C. explosion crime                   D. the crime of intentional injury

 

Significant difference between the 5 crime of destruction of means of transport and the crime of sabotaging transportation facilities is (   ).

 

The object of the crime of different A.             B. objective aspects of behavior in different ways

 

The main C. crime             D. subjective fault form different

 

6 A to B have opinions, they deliberately brake break B open staff bus, intentions to produce traffic accident, make a B the punishment. Because the car out B found brake failure, to take timely measures, not only causing serious consequences. The man should take (   As).

 

A. attempted crime of destruction of means of transport      B. disrupted transport of accomplished offense

 

C. attempted intentional homicide          D. vandalism

 

7 after the traffic accident escaping death, should take (   As).

 

A. negligence crime death          B. traffic accident crime

 

C. intentional homicide              D. serious liability accident crime

 

A factory building 8 basketball field, send a tractor with a boulder rolling to rolling ground. In the meantime, a car sitting in the driver's compartment smoking, saw two five or six year olds in the rock and roll playing around. About ten minutes later, a engine, continue rolling field, then he has forgotten children behind to play, also did not look back, the tractor is starting up, standing on the stone rolled on child rolled down, on the spot to be killed. Constitute a behavior (   ).

 

A. traffic accident crime             B. serious liability accident crime

 

C. be forgetful of one's duties crime             D. negligence crime death

 

9 a farmer steal cutting special telephone line railway is being used in the acts constitute (   ).

 

A. theft              B. damage of radio and television facilities, public telecommunications facilities crime

 

C. crime of sabotaging transportation facilities     D. the crime of endangering public safety

 

Three, fill in the blanks

 

1 the crime of endangering public safety refers to harm Most people do not specific Health and life                        Major public and private propertySafety behavior.

 

2 in several types of crime, arson, explosion, poisoning crime, crime of the crime of sabotaging means of transportation, crime of sabotaging transportation facilities are  Dangerous crime  .

 

The subject of the crime, the crime explosion 3 arson, poisoning crime is full 14  A person under the age of.

 

Object 4 crime of destruction of means of transport is still in use  Train  ,  The car  ,Tram        ,    A ship  ,   Aircraft   Other transportation tools.

 

5 the organization, leading and participating in a terrorist organization and implementation of homicide, explosion, kidnapping crime, in accordance with the  Combined punishment for several crimes  The provisions of punishment.

 

6 aircraft hijacking crime refers to the Violence , Coercion  Or by any other means aircraft behavior.

 

7 illegal possession, possession of firearms, ammunition crime refers to violation The provisions of gun control  , illegal possession, possession of firearms, ammunition behavior.

 

8 traffic accident crime is a violation Transport regulations Therefore, the occurrence of major accidents, causing serious injury, death or causes heavy losses of public or private property act.

 

Four, question and answer

 

1 how to grasp the object of the crime of endangering public safety?

 

Answer: the object of the crime of endangering public safety, social public safety. The so-called "public safety", is that most people don't specific to the life, health and safety major public and private property and public production, and life safety. Its essential feature is not specific, which is harm to this kind of crime is not restricted to a particular person and property, the object of the infringed and may result in harmful consequences, often cannot be determined in advance could not anticipate and control. If the criminal acts against the people's behavior is not specific to the majority of people's life, health or major public and private property, but the specific personal right or specific public or private property, does not constitute the crime of endangering public safety, according to the object violated, to infringement of personal rights of crime or a crime against property be punished.

 

What are the 2 types of crimes of endangering public security?

 

Answer: according to the criminal law of the second chapter and the "criminal law amendment (three)", "criminal law amendment (six)" the provisions of the crime of endangering public safety, a total of 46 charges, including:

 

(1) with dangerous means to endanger public security crime. Including arson, crime, the crime explosion by water, crime of throwing dangerous substance, the crime of endangering public safety and negligence crime by the dangerous method.

 

(2) the destruction of public facilities, equipment and the crime of endangering public safety. Including the crime of destruction of means of transport, crime of sabotaging transportation facilities, power equipment destruction crime, crime of combustible or explosive equipment, failure of radio and television facilities, public telecommunications facilities crime and negligent crime.

 

(3) the implementation of terrorism crime of endangering public security. Including the organization, leadership, participating in terrorist organization, the financing of terrorist activities, such as the crime of hijacking aircraft.

 

(4) in violation of firearms, ammunition, explosives and hazardous substances management the crime of endangering public safety. Illegally manufacturing, trading, including transportation, mailing, storage of firearms and ammunition, explosives and other crimes.

 

(5) to endanger public security crime of major liability accident. Including major accident crime, the safe operation of the railway accident crime, traffic accident crime, crime of negligently causing serious accident.

 

Characteristics of 3 arson?

 

Answer: arson, is deliberately set fire to public and private property, harm the public safety act. Features are as follows:

 

(1) the violation of the object is the public security, safety, most people not specific to the life, health or major public and private property.

 

(2) the objective aspect of the performance of public and private property, set fire to harm the public safety act. The so-called "fire" in various ways, is caused by ignition combustion, fire behavior can be used as a way to implement, can also be used not as a way for the implementation. But not as a way for the implementation of arson, the behavior must has the duty to prevent the occurrence of fire. Because the fire behavior of great social harmfulness, so as long as the implementation of the fires, the danger caused personal, property losses, even if not yet in actual harm results, constitutes a crime of arson. If "causing serious injury, death or causes heavy losses of public or private property", which belongs to the arson of aggregated consequential offense.

 

(3) this crime is the general main body, according to the provisions of the second paragraph of article seventeenth of the criminal law, has over 14 years of age under 16 years of age who commits arson, shall bear criminal responsibility.

 

(4) the subjective aspect is intentional, including direct intention and indirect intention.

 

Characteristics of 4 aircraft hijacking crime?

 

Answer: hijacking, refers to the violence, coercion or other means of hijacking behavior. Characteristics of crime are as follows:

 

(1) the object is infringing aviation safety, the safety of passengers and crew of the personal and property safety, and aircraft. The object of this crime is the aircraft is in use. The so-called "aircraft", refers to the air transport passenger transport and the transport of the goods, mainly refers to the aircraft. The crime of international crime.

 

(2) the objective aspect of the performance by violence, coercion or by any other means aircraft behavior. The so-called "violence", refers to the killing, beating, binding, confinement and other coercive measures; the so-called "stress", refers to the act to destroy aircraft, killing hostages as threatening violence, forced the crew to obey the command of the means; the so-called "other methods", which is other than violence, stress method, the crew couldn't resist, can't resist or not to resist any method to hijack aircraft, such as the use of anesthetic drugs make the crew not resist, or aircraft operator to facilitate aircraft hijacking aircraft etc.. Here the "hijacking", refers to acts according to his own will, to seize control of aircraft, including the control of aircraft, flight course, landing site etc..

 

(3) the subject of this crime is the criminal responsibility of natural person 16 years of age.

 

(4) the subjective aspect is direct intention, criminal purpose is according to his own will to seize control of the aircraft. But from what motivation, it does not affect the establishment of this crime.

 

Characteristics of the 5 missing gun crime?

 

Answer: the crime of losing firearms without report, equipped with guns for the discharge of official duties shall mean the personnel, losing firearms without timely report, causing serious consequences.

 

The object of this crime is the public security. The performance of this crime in the objective aspect of losing firearms without timely report, and cause serious consequences of behavior. Here the "loss of guns", including lost, stolen, robbed etc.. Not losing firearms, will constitute a crime, must be promptly lost guns without reporting, causing serious consequences, they constitute a crime. This crime is the fault in the subjective aspect, the fault here is serious consequences for the mental attitude and behavior of people, but for the loss of guns without reporting behavior is intentional. The subject of crime is equipped with guns for the discharge of official duties in accordance with the law personnel. In accordance with the provisions of the criminal law, shall be equipped with guns staff losing firearms without timely report, does not constitute a crime.

 

Five, case analysis

 

1 the defendant Liu, male, 28 years old, mine workers.

 

Liu to fall in love with somebody via person introduction. Later, Lee think Liu no progress, put forward to suspend the relationship. Liu see love fails, then deliberately revenge lee. Liu from his work of mine explosives warehouse stole some detonators and explosives, made with a timing detonator bomb. One day, Liu by Lee in the cinema of the machine, the homemade bomb placed under a seat li. After the bomb explosion, Lee was killed on the spot, at the same time, the audience people were wounded.

 

Analysis: the defendant LiuMou acts constitute what crime? What is the reason?

 

2 of the accused Chen, male, 38 years old, a taxi company drivers.

 

A day night, Chen driving Lanhuo in the street. After a junction, just meet the red light. Chen see no police, drove fast through the intersection. At this time, Wang Mou is opposite the intersection crosswalks to cross the road. When Chen found King sometime, braked, but due to excessive speed, braking distance is short, or the results of Wang knocked down. Chen off to Wang Mou side, found that Wang has been in shock, become unconscious, Chen was very afraid. See the intersection without other people busy, Chen Wang carried to the side of the road, and then fled the car. Half an hour later, Wang was found, sent to a nearby hospital. Due to the delay time is too long, Wang Mou excessive loss of blood, rescue invalid death.

 

Analysis: Chen acts constitute what crime? Why?

 

In case the answer:

 

1 the defendant LiuMou acts constitute the crime explosion.

 

Methods with Liu explosion killed this to specific individuals Lee, criminal behavior and the harm to the unspecific majority personal safety, has constituted the crime of endangering public safety, not intentional homicide.

 

2 Chen at night illegal driving down Wang, occurred after the traffic accident, not take the initiative to take active measures to Wang sent to hospital, but will escape Wang moved to the roadside, Wang Mou for delay time is too long, too much loss of blood and died. Thus, Chen from negligence subjective attitude into the indirect intentional crime mentality, namely him to Wang may be due to lack of timely rescue can cause death of the laissez faire attitude. Therefore, Chen has indirect intentional homicide.

 

 

 

 

The nineteenth chapter Destroy the order of socialist market economy

 

 

 

A, noun explanation

 

1, the crime of smuggling ordinary goods, goods

 

Refers to the violation of the customs regulations, evade Customs supervision, transportation, carrying, mailing except drugs, weapons, ammunition, nuclear materials, counterfeit currency, the country banned the export of cultural relics, gold, silver and other precious metals, since the precious animal and its products, rare plants and their products, obscene goods other than the ordinary goods,, in abroad (boundary) exit, evades duty, where the circumstances are serious behavior.

 

2, the crime of credit card fraud

 

Refers to the illegal possession for the purpose, in violation of laws and regulations on the management of credit card, the credit card fraud, diddle property amount big behavior.

 

3, the crime of evading taxes

 

Refers to the taxpayers or withholding agents take forged or altered, hidden, or destroying books, accounting vouchers, account books in overstating expenses or not listed, less income, after being notified by the tax authorities to declare and refuses to report or make false tax return means, do not pay or pay less tax payment, a large amount of or there are other serious circumstances of the act.

 

4, the crime of insurance fraud

 

Refers to the applicant, the insured or the beneficiary, to illegally obtain insurance money for the purpose of insurance, in violation of regulations, using a fictional insurance object, insurance accident insurance accident or manufacturing methods, defrauds insurance money to the insurer, the large amount of behavior.

 

5, the crime of infringing trade secrets

 

The crime of infringement of business secret refers to the commercial secret illegal access, use, disclosure of the rights of the people, to the right people great loss behavior.

 

6, the crime of infringing trade secrets

 

Refers to the commercial secret illegal access, use, disclosure of the rights of the people, to the right people great loss behavior.

 

Two, single choice

 

Answer.  1.C   2.C   3.A    4.D

 

1 production, sales and shoddy products, the amount of sales (in  ) above, production, selling fake or substandard products.

 

A.1 million                   B.2 million

 

C.5 million                   D.10 million

 

2 means of violence or threat, resists the seizure, should be (    ) punishment.

 

A. smuggling                  B. obstruction of official crime

 

C. the crime of smuggling and the crime of obstruction of official business merger  D. the crime of smuggling shall be given a heavier

 

3 a counterfeit $500 after the sale of a large quantity of goods. The man should act to (   As).

 

A. counterfeiting currency crime              B. holds, the crime of using counterfeit money

 

C. fraud                  D. counterfeiting currency crime and fraud with

 

Appraisers, certifiers, 4 property assessment who intentionally provide false documents, and provide conditions for others to commit fraud, should be in (    As).

 

A. perjury            B. intermediary personnel the crime of providing false documents

 

C. forge official crimeD. insurance fraud

 

Three, multiple choice questions

 

Answer.  1.ABCD    2.BCD     3.ABD

 

1 credit card fraud in the objective aspects of the behavior mode (   ).

 

A. the use of counterfeit credit cards      B. use invalid credit card

 

C. using other's credit card        D. malicious overdraft

 

2 taxpayers to adopt various means to non payment or pay less tax payable, tax evasion amount of (total taxes payable  ) and tax evasion of more than 10000 yuan in total, constitute the crime of tax evasion.

 

A.5%                     B.10%

 

C.15%                    D.20%

 

The subject of the crime of false advertising sin is only 3 (   ).

 

A. advertising operators             B. Publishers

 

C. advertising manager             D. advertisers

 

Four, fill in the blanks

 

1 producers, sellers in products Adulteration  , Doping  , Fake   , Shoddy Or The unqualified products as qualified products Sales in the amount of 50000 yuan of above, the behavior, the composition of production, sales and shoddy products crimes.

 

2, the crime of smuggling ordinary goods items, in terms of the number of required amount of tax evasion in the 

 

   50000 yuan Above. The smuggling of untreated, according to   The cumulative  Smuggling goods, the amount of tax evasion punishment.

 

3 armed smugglers,   He shall be given a heavier punishment  Punishment, by violence, threats to resist the anti smuggling, in the crime of smuggling and the crime of obstruction of official business, in accordance with the  Combined punishment for several crimes The provisions of punishment.

 

The object of the crime of counterfeiting currency including 4  RMB  And  Foreign currency  .

 

The subject of the crime of insider trading in 5, leakage of the crime of insider information is Insider  Or  Insiders illegal access to inside information .

 

The 6 money laundering crime is knowingly is illegal income drug crimes, organized crimes of the underworld, smuggling, terrorism crime, smuggling crime, the crime of corruption and bribery, the destruction of financial management order, crime of financial fraud and the revenue generated, and in various ways to hide, conceal the source and nature of the behavior.

 

The subject of the crime of insurance fraud is 7 Policy-holder  ,  The insured  ,  Beneficiary  .

 

The subjective aspect of the crime of infringement of copyright 8 must be based on Profit For the purpose of.

 

9 to  Violence  ,   Threat Methods to sell or buy goods, forcing others     Provide a service or forcing others  Receiving services  , serious behavior, constitute the crime of forced transaction.

 

Five, question and answer

 

1 types of crime of undermining the order of socialist market economy.

 

Answer: according to the criminal law third chapter, December 29, 1998 NPC Standing Committee "on the punishment of sale of foreign exchange, evasion and illegal trading in foreign exchange crime decision" in 2005, "criminal law amendment (five)" in 2006, "criminal law amendment (six)" provisions, destruction of the socialist market economic order of a total of 8 categories, 102 specific charges. The details are as follows:

 

(1) production, sales of fake and shoddy goods crime. Including: production, sale of fake or substandard products, production, sales of counterfeit crimes. A total of 9 crimes.

 

(2) the crime of smuggling. Including: the smuggling of weapons, ammunition, the smuggling of nuclear materials and other crimes. A total of 10 crimes.

 

(3) owed to the company, enterprise management order crime. Including: the crime of false registered capital, a false capital contribution, smoke escape capital crime. A total of 16 crimes.

 

(4) the destruction of financial management order crime. Including: the crime of counterfeiting currency, sale, purchase, transport of counterfeit currency crimes etc.. A total of 28 crimes.

 

(5) the crime of financial fraud. Including: the crime of fraud, crime of fraud of the loan. A total of 8 crimes.

 

(6) the harm tax revenue collection crime, including tax evasion, tax revolt crime. A total of 12 crimes.

 

(7) the violation of intellectual property right. Including: counterfeit registered trademark crime, the crime of selling commodities bearing counterfeit registered trademarks. A total of 7 crimes.

 

(8) crimes of disrupting market order. Including: damage to business reputation, product reputation crime, the crime of false advertising. A total of 12 crimes.

 

The concept and characteristics of 2 of the crimes of smuggling.

 

Answer: the crime of smuggling, refers to the violation of the customs regulations, evade Customs supervision, customs, transportation, carrying illegal tax evasion, by the state prohibited or restricted goods, the goods entering or leaving the territory, destruction of state control of foreign trade, if the circumstances are serious behavior.

 

As a kind of crime, the crime of smuggling has the following main features:

 

(1) the object of smuggling crime violates the national customs supervision and management system and national foreign economic and trade management system.

 

(2) the performance objective for violating the customs regulations, evade Customs supervision, customs, transportation, carrying illegal tax evasion, by the state prohibited or restricted goods, the goods entering or leaving the territory, destruction of state control of foreign trade, if the circumstances are serious behavior. In particular, the crime of smuggling has three characteristics in the objective aspect:

 

(1) in violation of customs regulations, refers to the violation of national "Customs Law" of goods, goods import and export supervision system, which is the precondition for smuggling crime; (2) to the customs duty evasion, illegal transportation, carrying, mailing, countries have banned or restricted articles, goods import and frontier is the crime of smuggling another fundamental feature. (3) if the circumstances are serious, is another important feature of the establishment of crime of smuggling.

 

(3) the subject of crime of smuggling include unit and natural person.

 

(4) the crime of smuggling in the subjective aspect is the negligence does not constitute a crime of smuggling. The establishment of the crime of smuggling should also have some profit or other purposes.

 

What are the main charges 3 crimes of infringing on intellectual property rights?

 

Answer: Crimes of infringing on intellectual property rights include: the crime of counterfeiting registered trademarks, crime of selling commodities bearing counterfeit registered trademarks, registered trademarks crime of illegally manufacturing, selling illegal manufacture, the crime of counterfeiting patent, copyright crime, crime of selling infringing duplicates, the crime of infringing trade secrets. A total of 7 crimes.

 

The concept and basic features of the 4 money laundering crime?

 

Answer: is known to be drug-related crimes, underworld of organized crime, terrorism crime, smuggling crime, the crime of corruption and bribery, the destruction of financial management order, crime of financial fraud crime income and the revenue generated, and hide, conceal the source and nature of the behavior. Features are as follows:

 

(1) the object of the crime is a national financial management order.

 

(2) the objective aspect of the performance of the perpetrators have conceal, conceal drug crimes, organized crimes of the underworld, terrorism crime, smuggling crime, the crime of corruption and bribery, the destruction of financial management order, crime of financial fraud crime income and revenue generated by the source and nature of the behavior. According to China's "criminal law" the provisions of article 191st, the crime of money laundering for: (1) providing funds accounts; (2) to assist in the transfer of property into cash, securities, financial instruments; (3) to transfer funds through transferring accounts, or other ways of settling accounts; (4) assistance will fund remitted abroad; (5) other ways to cover up, conceal the proceeds of crime and the sources of income and property.

 

(3) the main body includes individual and unit.

 

(4) intentionally commit a crime it knowingly, namely, if the perpetrator did not know is the proceeds of crime and its benefit, and provides the capital account, transfers and other help, does not constitute a crime.

 

The behavior of 5 absorption, absorb public deposits in a disguised way of sin?

 

Answer: according to the provisions of the criminal law, including:

 

(1) does not have to absorb public deposits the legal qualification to absorb public deposits, such as financial institutions individual to absorb public deposits, unauthorized establishment of illegal absorbing public deposits etc.. (2) with absorbing public deposits qualifications but to use illegal means to absorb public deposits, such as raising interest rates, repayment of principal and interest payments in advance, after the first deposit, in raising interest rates. (3) disguised absorbing public deposits, not to deposit the name but in other name such as fund-raising, investment, the issuance of bonds and other means to absorb public deposits. The subject of this crime includes the natural person and unit, are deliberately subjective, and has the purpose of illegal profit.

 

The specific behavior of 6, manipulation of the securities, futures markets are those?

 

Answer: according to the "criminal law amendment (six)" the provisions of article eleventh, including the specific behavior:

 

(1) individually or in collusion, financial strength, holding or positions or the advantage of information superiority to jointly or continuously trading, manipulation of securities, futures prices or securities, futures trading volume; (2) colluding with others, to the predetermined time, price and mode for securities, futures trading, securities, influence the price of futures or securities, futures trading volume; (3) for securities transactions between their actual control account, or to themselves as the transaction object, since the buy from sell futures contracts, affecting the securities, futures trading prices or securities, futures trading volume; (4) the manipulation of the securities and futures market, to other methods the.

 

7, the concept and characteristics of the crime of illegal business.

 

Answer: refers to violation of laws, regulations, engaged in illegal business activities, disrupted the market order, the circumstances are serious behavior. "The crime of illegal business operations" in the criminal law of 1979, which belongs to the scope of the crime of play the market, in 1997 after the revision of criminal law, the crime of decomposition play the market, will not be decomposed into play the market behavior of specific crimes referred to as "the crime of illegal business operation".

 

(1) the object of this crime is the state of normal market management system. "The market", including commodity market and service market.

 

(2) the performance of this crime is behavior person has in violation of state regulations in the objective aspect, engaged in illegal business, if the circumstances are serious behavior. Article 225th of the criminal law and the "criminal law amendment" is defined behavior of 4 kinds of concrete ways, respectively is: (1) unauthorized business franchise, monopoly goods or other restrictions on the sale of goods act. (2) the sale of import and export licenses, import and export certificates of origin and the provisions of other laws and administrative regulations, business licenses or approval documents behavior. (3) not department relevant competent state approval, illegal operation of securities, futures or insurance business (December 25, 1999 "criminal law amendment" supplement); (4) other seriously disrupt the market order of the illegal business. Illegal business behavior, must reach the seriousness of the case, to constitute a crime.

 

(3) the subject of the crime is general subject, natural person, individual industrial and commercial households, the unit can become the subject of this crime.

 

(4) the crime must be intentional in the subjective aspect, and has the purpose of illegal profit.

 

Six, case analysis

 

1 the defendant Wu, male, 42 years old, workers in a factory.

 

Wu factory where the benefit is not good, often unable to pay wages. Many local people selling smuggled goods sent money to see, Wu also moved the heart. Wu to the relatives and friends of the tens of thousands of dollars to find the smugglers Wang to buy smuggled TV, cameras, watches and other 80000 yuan worth of goods (if the normal import customs duty is payable 2 yuan). Wu will these goods batch trafficking to the mainland reselling after profits more than 1 yuan.

 

Analysis: whether Wu's act constitutes a crime? Why?

 

2 the defendant Xu Mou, female, 25 years old, with a company as an executive secretary.

 

Xu and Liu on friends for a while, then put forward break up with Liu xu. Xu felt very hurt, very angry. In retaliation for Liu, Xu Mou holds Liu also not take credit card to several shopping malls to Liu's name purchase more than 8000 yuan of goods. Liu found that after the reported case, Xu again to shopping Liu's credit card was captured.

 

Analysis: Xu whether acts constitute crime? Why?

 

The case analysis:

 

1 Wu's behavior does not constitute a crime of smuggling, smuggling ordinary goods, behavior belongs to articles, shall be given administrative punishment. Because, the amount of tax evasion is only 20000 yuan, which amounted to less than 50000 yuan.

 

2 Xu's behavior has constituted the crime of credit card fraud.

 

According to the criminal law, in the case of a credit card fraud others in the name of cardholder purchases, illegal possession of large amount, in line with the characteristics of the crime of credit card fraud.

 

 

 

 

The twentieth chapter  Infringement of citizens, the democratic rights of crime

 

 

 

A, single choice

 

Answer.

 

 1.C      2.B       3.B        4.B         5.B

 

6.B      7.D       8.D        

 

1 the distinction between intentional homicide and intentional injury lethal limits, the key is to look at the ( ).

 

Whether A. use lethal tools, strike fatally

 

If the B. has the purpose of killing

 

C. is a murderer intentionally

 

D. whether the actor to foresee the occurrence of death

 

2 police in the office with a pistol, accidentally discharged, the bullet hit the head of the B. Acute will b sent to hospital, but died due to injuries, B. Constitute a behavior (    ).

 

A. (indirect) murder         B. negligence crime death

 

C. negligence mayhem           D. weaponry crime

 

The fundamental difference between the 3 crime of death caused by negligence and negligence mayhem is (    ).

 

A. implementation of the different harm behavior       B. harm result different

 

C. uses different means           Subjective psychological attitude D. behavior of different people

 

The 4 one is forced to return a B owed several years of payment, a B cheat to somewhere to arrest, and call a second wife, let its paid payment release. Two days later, a second wife paid payment. A and B released to go home. A man's behavior (  ).

 

A. kidnapping                   B. of unlawful detention crime

 

C. blackmail and impose exactions on Crime               D. robbery

 

5 commit the crime of illegal detention, the use of violence to cause death, should take (  The conviction and punishment).

 

A. of unlawful detention crime               B. intentional homicide

 

C. the crime of intentional injury               D. negligence crime death

 

Death to the victim caused 6 of trafficking in women and children, in the process, should take (  As).

 

A. intentional homicide          B. trafficking in women and children, the crime

 

C. negligence crime death      D. murder and trafficking in women and children, crime merge

 

7 see his wife and his colleagues Sun Li (female) scuffle in together, then Lee opened, Lee called sun. A few days later, Lee to the police accused Sunmou repeatedly molesting her, and raped her again. Via checking, Lee's complaint is made up. Lee's behavior (  ).

 

A. perjury              B. retaliation against a crime

 

C. libel              D. crime of false accusation

 

8 women a and B C adultery, son of a (20) found that after about three people into the sister-in-law of B, B cuff and kick. B struggled to run, C picked up a brick smashed to B, B to hit three front teeth, lips suture needles. A behavior (c   ).

 

A. stir up trouble crime          B. the crime of intentional injury

 

C. negligence mayhem          D. general illegal

 

Two, multiple choice questions

 

Answer. 1.ABC    2.AB

 

1 false accusation, the main difference is the revenge against crime (   ).

 

Violations of the different object A.      The main B. crime

 

The object C. violations of different      D. criminal purpose

 

The object of the crime is crime of torture to extract confessions (2   ).

 

A. suspects          B. defendant

 

C. criminal witness      D. ordinary citizens

 

Three, fill in the blanks

 

The object of the crime of intentional homicide is 1  Human life   . The unborn       The baby and after death  The corpse   They cannot become the object of crime, crime of intentional homicide.

 

2 full 14 years of age who intentionally harm others, Causing serious injury Or  Death  The, shall bear criminal responsibility.

 

3 rape refers to Violence  ,  Coercion Or other means, against women will, forced sexual intercourse with women's behavior.

 

4 commit crime of illegal detention, has Beating  , Insult The plot, he shall be given a heavier punishment. The personnel of state organs  Terms of use  Guilty of this crime, he shall be given a heavier punishment.

 

The kidnapping crime refers to the 5 Extort money As for the purpose of kidnapping or abduction of others    The hostage's behavior

 

6, the crime of abducting and trafficking in women and children, refers to the  Sell  For the purpose, kidnapping, kidnapping, buying, trafficking, transport, transfer women, children's behavior.

 

7 to Violence Or other method Flagrant Insulting others or Fabrication of facts  To slander others, serious behavior, constitute crime of insult or libel.

 

The main 8 torture to extract confessions crime can only beJudicial personnel The object of crime, can only be The suspect ,Defendant .

 

Bigamy refers to 9 Have a spouse But the marriage with others, or Knowing that a person who has a spouse  And marry behavior.

 

10 can only be the object of the crime of abuse  Family members   .

 

Four, question and answer

 

The 1 cause others to Dutch act cases should be how to deal with?

 

Answer: (1) the behavior people perform their duties of criticism or punishment on others, causing irritation and Dutch act, even if the actor abrupt, violent or sanctions are overweight, should not be investigated for criminal responsibility in human behavior;

 

(2) the perpetrators of some crimes, such as rape, trafficking of women, torture to extract confessions, libel, causing the victims to Dutch act, subjective and no intention to kill, not to intentionally murder crime, shall determine the charges according to the specific criminal acts, the victim Dutch act as a consequence of sentencing consideration;

 

(3) the subjective intention of causing death, and with certain rights or the use of violence, coercion, causing the victims trapped and forced to Dutch act, or uses feudal superstition decoy victims Dutch act, this is actually "murder a person with a borrowed knife", by means of the victim to kill the victim to the hands, belonging to a special means of intentional homicide, should be dealt with crime of intentional killing;

 

(4) actor and others "meet the Dutch act", agreed Dutch act method, and the other to provide Dutch act conditions, such as poison, then separately or jointly Dutch act, others Dutch act dead body and behavior of human Dutch act attempted, criminal responsibility should not be investigated the behavior of human. Because this is really just a special form of Dutch act alone, not as a crime with;

 

(5) the perpetrator should request and provide Dutch act to the condition, such as knives, poison, causing others to Dutch act of death, can not be dealt with crime of intentional killing. If the perpetrator should request and help others Dutch act, such as give the swallowing or move their feet when people hang in the stool, in principle should be recognized as a crime of intentional homicide, but in the discretion of punishment may be given a lighter or mitigated punishment. If the perpetrator should request directly to the people killed, conforms to the characteristics of the crime of intentional homicide, shall be determined as the crime of intentional homicide, but can be treated more leniently.

 

What is the difference between the 2 murder and mayhem?

 

Answer: deliberately hurt the distinction between crime and crime of intentional homicide. Two easily confused in two cases: one is the intentional injury and murder accomplished boundaries; two is the intentional injury limits and attempted murder.

 

(1) of intentional injury and murder (accomplished) boundaries. Although the two are deliberately applied to the victim of physical violence or other violations, objectively caused the death of the victim, but the two intentional content is different. The key distinction between these two kinds of crime is to find out whether the actor has deliberately illegal deprivation of life. If a person knows his own act will cause the death of another, and wishes or allows the death results occurred, which belongs to the intentional homicide; if the behavioral person does not want to kill anyone, and just hope or let others health damage, causing death is completely out of negligence, that is the intentional injury.

 

(2) intentionally hurt boundaries and attempted murder. Because of indirect intentional homicide no attempt, so here is actually refers to intentional injury and direct intentional homicide (attempted) boundaries. The key distinction is to see whether the actor has the purpose of killing. If the actor has the purpose of killing, want others to death results, but because of the outside the will not cause the death of another results, regardless of whether the harm results, and no matter how hurt results, shall be deemed to be the murderer (attempted); if the perpetrator is not the purpose of killing, and just hope or let others damages to the health of the body, it belongs to the intentional injury. If the behavior of people in the implementation of harm behavior laissez faire death occurs, but in fact the death did not occur, also belong to deliberately hurt rather than intentional homicide (attempted).

 

3 rape crime which features?

 

Answer: the crime of rape, refers to the violence, coercion or other means, against women will, forced sexual intercourse with women's behavior.

 

The following basic characteristics of rape:

 

(1) the object is infringing the right to freedom of women. Women's freedom and rights, refers to the woman for legality act according to own will reject illegal acts of the right. This is a person the inviolability of women's special rights. Women's free right, only in the women's life and to the normal expression to his will under the conditions of normal exercise, therefore the female's body can not become the object of rape; rape of female body, can not constitute the crime of rape, bad, should be convicted as the crime of insulting corpse punishment; and necrophilia kill women later, do not constitute a crime of rape, shall be determined as the crime of intentional homicide; carnal knowledge of a child, in order to rape conviction and sentencing.

 

(2) the performance objective for action against women will, by violence, coercion or other means, so that women are not resist, irresistible or not resist state, forced sexual intercourse with women's behavior. "Violation of women's will", by violence, coercion or other means, forced sexual intercourse with women, this is the essential characteristic of rape. Is the essence of rape from adultery, cohabitation, improper relationship between men and women, lewd conduct. Violation of women's will, is the intrinsic nature of rape, rape crime is the premise; and crime means mandatory, is the external characteristics of rape, is the objective external performance against the inherent features of women will. According to the provisions of article 236th of the criminal law, the crime of rape crime means includes three kinds, namely, violence, coercion or other means. Combining with the judicial practice, mainly the following meaning:

 

(A) the violence, mainly refers to the murdered woman's body to attack or compulsory, so that women can't resist or can't resist means, such as beating, binding, neck, down, knocked out and forced behavior.

 

(B) coercion, threats, intimidation are implemented on the murdered woman, the causes of mental force, make women dare not resist means. On the spot, such as killing damage phase intimidation; the mudslinging, defamation, harm, destruction of property and other relative threat; the feudal superstition, rumors of intimidation, deception; the subordinate relationship, parenting relationship, power relationship and be isolated and helpless victims in environmental conditions, by tempting, persecution, the women the fear and shame to resist.

 

(C) other means, mainly are the use of violence, coercion beyond, enough to make the murdered woman cannot resist or not resist means. Such as the use of women's sleep, serious illness of adultery; use of drugs, drug stimulation, make its drinking method for women to seduce; utilization and treatment of women for adultery and other fake.

 

It should be noted that, due to dementia of women and women's mentally ill lose the ability to identify and control their own behavior, can't be real right to express their will, for knowing is dementia or mentally ill women and sex with it, regardless of whether the use of coercive means, generally should be convicted of rape, but if the behavior of people did not know each other the truth even under each other sexually suggestive situations and the occurrence of sexual intercourse, it should not be regarded as the crime of rape.

 

(3) the subject of crime is general subject, which direct principal offender is only men, women instigate or assist man raped women, shall be punished as an accomplice in the crime of rape. According to the provisions of article second of criminal law seventeenth, has over 14 years of age under the age of 16, crime, criminal responsibility shall be borne.

 

(4) the subjective aspect is direct intention, knowing that their actions against her will, and determined to rape, rape crime with purpose.

 

4 how to identify the crime of kidnapping crime number problems involved?

 

Answer: in the case of kidnapping crime, the violence will often cause the kidnapped person casualties: one is due to the use of violence in the course of heavy casualties caused by the victim; two is in after the kidnapping to kill the hostages and then hide the truth of extortion or other illegal request, or reach in extortion purposes or not to kill the hostages killed case, commonly known as the "". In general, this situation does not occur because the number of crimes, criminal law has as a consequence aggravated crime stipulated, only in accordance with the crime of kidnapping crime punishment, and should not be the crime of intentional homicide, the crime of intentional injury or death caused by negligence crime. However, if in the course of implementation, the other crime on victims, such as rape and kidnapping of women, should be convicted of the crime of kidnapping and combined punishment for several crimes.

 

What is the feature of the 5 crime of abducting and trafficking in women and children?

 

Answer: This is a means for the purpose of selling, buying, trafficking, kidnapping, kidnapping, transfer, transfer women, children's behavior.

 

(1) the object of the crime is the personal rights of women, children, the object of the crime is only women and children, which has over 14 years of age in adult women and children under the age of 14, including Chinese, foreigners, stateless persons.

 

(2) the implementation of the kidnapping, kidnapping, buying, trafficking, transfer or transfer women, children's behavioral objective aspect is behavior person. The so-called "kidnapping", refers to the means of deception, bribery, the victim from his family or guardian behavior; the so-called "kidnapping", refers to the violence, coercion or anesthesia method for women, children or infant theft hijacking behavior; the so-called "buy", refers to the low prices will others buy trafficked women, children or from the victim's Guardian hands buy low to sell behavior; the so-called "trafficking", refers to the various ways of women, children, behavior will be sold to third persons; the so-called "transfer, transfer", refers to the common crime of trafficking in women and children, in the reception, transfer or provide accommodation behavior the intermediate links, belongs to the whole of abducting and trafficking activities. Because trafficking activities are usually "through-train" mode, therefore, constitute the crime does not require the person above all behavior, behavior person as long as the implementation of one of the above six kinds of behavior, can constitute a crime.

 

(3) the subject of crime is general subject, which is at least 16 years of age with the criminal responsibility of people, including foreigners, stateless persons.

 

(4) the subjective aspect is direct intention, is selling abducted for profit purpose of the crime. No matter whether the actor of the victim to sell, is actually get property, as long as there is sold the purpose of profit, the implementation of the kidnapping, kidnapping, buying, trafficking, transport, transit such as women and children, acts, constitutes the crime of abducting and trafficking in women, children.

 

Five, case analysis

 

1 Wang Mou of the accused person, male, 24 years old, farmers.

 

A night 8 pm, from the other provinces girl Zhang (18) pass by the defendant family doorway, ask for directions to the defendant. The defendant to give a guide to champion a lie to the road to a reservoir. In walking, the defendant to Zhang to flirt and pull touch. Zhang said: "you again so I called someone to. "The defendant said:" you shout no use, no people near. "This time a little afraid, not words. The defendant offered to have sex with Zhang, Zhang said: "don't cry, even if I call you brother also. "The defendant said:" you ask me what also not, anyway, I want to play with you. "He wants to cuddle a. Zhang hurriedly walked forward, after the defendant, to seize a hand to say: "you see not far ahead is the reservoir, here is the East Road West Ditch, ditch, the ditch is a deep tan, drowned a male and a female, dreadful. "Zhang Wenzhi more fear. The defendant knew Zhang afraid, so will fall to the ground, pulling a belt. Zhang Zizhi could not resist, had to be raped belt untie, king. After Zhang did not report. Soon the defendant was arrested for theft, in the review confessed the fact, can be verified.

 

Analysis: Wang Mou of the accused person whether to constitute the crime? What constitutes a crime? What is the reason?

 

The 2 defendant Zhang, male, 25 years old, a taxi company drivers.

 

One evening, Zhang driving "Toyota" card car out lanhuo. The car through an intersection, meet a from the field to the city to visit young woman Li mou. Parking asked Li to where go to, Li said a unit of the city to find her husband. Zhang then lead the way for champion Lee cheated on the car, after the car stopped in the car outside, forcibly raped lee. He fought back, Zhang lips bite. Zhang believes that this is going to leave his crime evidence, for fear of his crimes, he was determined to prevent divulgence of one's secrets. Zhang first with both hands to Qia Li's neck, and on the head with a hammer in a number of Lee, Lee into a coma. Zhang thought Lee was dead, Li Tuo will be out of the car and thrown on the road, driving away. Half an hour later, Lee was under the night after the workers here found to the hospital, after the rescue out of danger, but the head skull fracture, brain contusion, resulting in severe disability.

 

Analysis: Zhang acts constitute what crime? Why? How should handle (only a principle of treatment)?

 

The case analysis:

 

1 Wang Mou of the accused person has constituted the crime of rape.

 

Wang Mou of the accused person against the young woman Zhang will, in its way, the use of violence and threats of violence means, make the fear rebellion and Zhang and Zhang has forced sexual behavior, which accords with the crime of rape.

 

2 Zhang's behavior has constituted the crime of rape and murder (attempted).

 

Looking from this case, Zhang after the rape, lest his crimes and to prevent divulgence of one's secrets constitute the crime of intentional homicide, therefore, should be punished according to Zhang rape crime and crime of intentional homicide two crimes.

 

 

 

 

 

 

The twenty-first chapter  Crimes of property violation

 

 

 

A, noun explanation

 

1, the crime of robbery

 

Refers to the illegal possession for the purpose of, on the spot the use of violence, coercion or other methods to robbing the behavior of public and private property.

 

2, the crime of Embezzlement

 

Refers to the illegal possession for the purpose, to the custody of property of others or lost property, buried illegally for himself, the larger amount, reject to return or surrender behavior.

 

3, the crime of blackmail and impose exactions on

 

Refers to the illegal possession for the purpose of the method used, the victim to threaten or coerce, forced to obtain property, large amount of behavior.

 

Two, single choice

 

Answer.

 

   1.B     2.D    3.D     4.B     5.C

 

1 Wang and Zhang found a teller from bag containing a large cash bank out, then discuss rob. Wang Cheng teller unprepared suddenly from behind to use both hands to the Lazio embrace, Zhang took the opportunity to Cashier hand bag. A Wang Mou and Zhang behavior (   ).

 

A. robbery              B. robbery

 

C. blackmail and impose exactions on Crime          D. kidnapping

 

2 A by B out of the machine, into a second home, theft of more than RMB 5000 yuan. Should a behavior (    ).

 

A. to illegal encroachment crime

 

B. to larceny

 

C. for trespass and theft crimes

 

D. according to the implicated offense from a felony place off

 

3 Wang stealing others handbag a, there are 5000 yuan, pistol. A few days later, Wang Mou in showing off the stolen pistol was. A king's behavior (  ).

 

A. theft            B. theft and theft of firearms, ammunition

 

C. theft of firearms, ammunition  D. theft and illegal possession, possession of firearms, ammunition

 

4 unemployed man dressed in a borrowed uniforms, late night beside the road. Woman B this road out of date, a handheld phoney pistol big growl: "stop, take money out!" another said: "no money." Man is to search, will b pocket 60 yuan money search. A man's behavior ( ).

 

A. robbery             B. robbery

 

C. blackmail and impose exactions on Crime         D. try every trick to mislead the public crime

 

The 5 one is a storage service staff. Passenger B a leather briefcase after storage bag lost a single, which refused to acknowledge the receipt of the box. After a document box will take forcible possession of it. A man's behavior (   ).

 

A. embezzlement             B. theft

 

C. embezzlement              D. embezzlement

 

Three, fill in the blanks

 

1, robbery refers to the illegal possession for the purpose of use, on the spot Violence  , Coercion Or other means to force to plunder of public or private property behavior.

 

The 2 subject of robbery crime, must be full 14 years of age   Natural person.

 

3 carrying weapons snatch, in accordance with the  The crime of robbery     The conviction and punishment.

 

4 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, robbery, convicted and punished in accordance with the.

 

5 theft of public or private property, A large amount of  Or  The repeated theft , constitute the crime of theft.

 

6 for the purpose of making profits, stealing others Communication line  Copy others The telephone number  Or that are stolen, copied  Telecom equipment, facilities  While using, shall be punished in accordance with the theft conviction.

 

The object of the crime of fraud is 7  Public and private property  .

 

8 embezzlement crime refers to the illegal possession for the purpose, will  Custody   The property of others or others  Forgotten property   ,  The buried objects  Illegal possession, the larger amount, reject to return or surrender behavior.

 

The object of the crime of embezzlement is 9  Unit of property  .

 

The 10 companies, enterprises or other units of staff,  By taking advantage of one's position  In this unit, the property illegally for himself, a larger amount of behavior, the crime of duty encroachment.

 

Four, question and answer

 

1 how to understand the provisions of the criminal law on the crime of robbery transformation?

 

Answer: the criminal law 269th stipulation: "Whoever commits the crimes of theft, fraud, robbery, for booty, resist arrest or destroy evidence and on the spot the use of violence or threats of violence, in accordance with the provisions of article 263rd convicted and punished". This article is theft, fraud, bribery crime of transformed robbery, the crime of transformed robbery, also known as quasi robbery.

 

A transformative robbery, must have the following three conditions:

 

(1) the behavior must first implementation of theft, fraud, robbery crime. This is a prerequisite for transformation. The implementation of theft, fraud behavior, looting, does not meet the "large amount", but for booty, resist arrest or destroy criminal evidence and on the spot the use of violence or threats of violence, if the circumstances are serious, shall be punished in accordance with the robbery; if the use of violence or threat of violence to the plot is not serious, the harm is not great, do not think that is a crime; (2) the behavior must be on the spot the use of violence or threats of violence, this is the objective conditions for the transformation of the. Here "on the spot", refers to the act of theft, fraud, plunder on-site behavior, or even left the scene, but is still in the process of being hunted. If the perpetrator in the implementation of theft, fraud, plunder process, were found to have not yet obtained the property, and the use of violence or threats of violence to force to take money, is directly applicable "criminal law" article 263rd; (3) acts on the spot the use of violence or threats of violence, is the booty, resist arrest or destruction of evidence. This is the subjective condition. The so-called "booty", refers to the protection of stolen goods is not recovered; the so-called "resisting arrest" refers to the public security organs, resist arrest and any citizen's arrest over; the so-called "evidence", refers to the destruction, theft, fraud, destroy her at the scene of the crime of seizing behavior left traces, articles, to cover up their crimes. As long as the act of any one of the above objective, have subjective condition of the crime of transformed robbery.

 

Objective 2 to grasp the theft?

 

Answer: the objective aspect of theft to steal large amount of public or private property or multiple secret stealing behavior of public and private property. The so-called "secret steal", refers to the behavior of people to think is not easy to be the owner of the property, the storage method to discovery, secretly take the behavior of property. Various means of secret theft variety, such as burglarize apartments and homes, over the wall into the window, indoor steal property, cut Steamed sandwich stolen property in public places. The secret of stolen property is a main sign of this crime from other crimes of property violation. The provisions of the criminal law of theft, large amount of public or private property or multiple theft, can constitute the crime of theft.

 

3 blackmail and impose exactions on crime and the crime of robbery?

 

Answer: because of the threat of violence is not only a means of blackmail and impose exactions on, is also the stress of robbery means, therefore, the confusion in the judicial practice two. The main difference is that: (1) the contents of different threat. The crime of blackmail and impose exactions on threat more widely, including acts of violence, such as damage, killing, also includes the mudslinging, defamation, destruction of property; threat and robbery is only limited to the violence on the victims body. (2) the object threat behavior violates different. The object of crime against the threat of blackmail and impose exactions on, can be all for custody of property, person, also be relatives or interested person their infringement; and the threat of robbery can only be the object of all people, Property Custodian I. (3) the threat in different ways. The threat of blackmail and impose exactions on crime can be directly to the oral or written, can also be indirectly put forward by third people, no particular limit; and the threat of robbery can on the spot directly to the victim presented orally. (4) forcing the victim to hand over the property in different time. The crime of forcing the opponent to surrender on the spot to blackmail and impose exactions on property, can also be a surrender; robbery crime victim is forced to hand over the property on the spot. (5) the implementation of threat in different time. For the crime of blackmail and impose exactions on if the victim is not to hand over the property, the content of the future threat was put into effect; while the robbery if the victim does not hand over the property, then take violence on the spot. (6) the scope of the different object of crime. The object of the crime is crime of blackmail and impose exactions on various public and private property, including movable, immovable property and property interests; the object of crime and crime of robbery is the only real estate. (7) the threat degree. The crime of blackmail and impose exactions on threats to make the victim, the victim shall hand over the property of fear, there are considerable freedom of will and a certain delay room; while in the robbery, threat, is to make the victim's personal safety is a real threat, no delay. (8) of different requirements for harm result. Blackmail and impose exactions on public and private property to reach a large amount, to constitute a crime; constitution and robbery is not the result of the requirements of.

 

4 boundaries and kidnapping blackmail and impose exactions on crime?

 

Answer: blackmail and impose exactions on crime and to extort property for the purpose of the crime of kidnapping is similar, but the two crimes are different in nature, the main difference is that: (1) the main object of infringement is different, the two are the complex object of crime, the main object of crime of blackmail and impose exactions on public and private property ownership; the main object of the crime of kidnapping is a citizen of the people personal rights. (2) the objective aspect of the performance of different, blackmail and impose exactions on crime is a method used to threaten or coerce, forcing the victim to hand over the property behavior; the crime of kidnapping is the use of violence, coercion or other methods to hijack the others and limit their personal freedom, extortion behavior. (3) content of the threat, threat blackmail and impose exactions on crime including violence, the mudslinging, defamation, destruction of property; threat and kidnapping to violence, killing or continue the hostage. (4) the object of extortion, blackmail and impose exactions on crime is directly to be threatened, is threatening the victim of extortion; kidnapping crime is to the hostages kidnapped relatives or any other interested party extortion. (5) the establishment of crime of different standards, blackmail and impose exactions on public and private property must reach a larger amount, to constitute a crime; kidnapping extortion, regardless of whether property behavior, as long as the completion of kidnap hostage, constitute the crime of kidnapping crime.

 

The difference between the 5, robbery and snatch crime?

 

Answer: the seizing crime is for the purpose of illegal possession, to win a large amount of public or private property, behavior. The crime of robbery and snatch crime has many of the same or similar, the difference shall pay attention to the two. The difference between the two are: (1) the violation of the object is different. Robbery crime is the ownership of public and private property and personal rights of citizens, snatch crime is the ownership of public or private property; (2) the objective aspect of the performance of different. Crime of robbery is the violence, coercion or other methods directly from property or forcing the victim to hand over the property, robbery, while people unprepared to seize property; (3) on the behavior of the requirements of different. No requirement for the establishment of robbery to grab the amount of property, which constitutes a crime, must snatch the large amount of public or private property.

 

The concept and characteristics of 6 of the crime of embezzlement.

 

Answer: the crime of embezzlement, refers to the illegal possession for the purpose, to the custody of property of others or lost property, buried illegally for himself, the larger amount, reject to return or surrender behavior.

 

(1) the object of the crime is the ownership of public and private property. The object of the crime is to take custody of property of others, forgotten things, treasure trove of others. "Property", including private property, including public property.

 

(2) the objective aspect is behavior person to the control of property of others, illegal possession, large amount, refusing to return or surrender behavior.

 

Including the characteristics of the following four aspects:

 

First, the perpetrators of the illegal possession of property act. Here the "illegal possession", includes two kinds of situations: one is the will to take custody of property of others illegally for himself. The so-called "custody", is based on the trust contract relationship or according to the fact of management of the property owning and managing, legal custody is the premise of the crime of embezzlement; two is the lost property, buried illegal possession. "Forgotten" refers to the rights of the property out of control, a careless management in a certain period of time. Possession of the "lost" can not constitute embezzlement. The difference between "forgotten" and "lost" is the right people are more accurate memory of out of control, the management of property of time and location, location and other factors. Capable of more rapid recovery of the possibility of the property control, referred to as the "forgotten", otherwise known as the "lost property".

 

Second, must be the behavior person has control of property of others. That is "after the first control possession". This is the essential difference between this crime and the crime of theft, fraud, bribery and other crimes of property violation. If the perpetrator of theft, fraud, property of others by seizing illegal possession, shall constitute the crime of theft, fraud, robbery, does not constitute a crime.

 

Third, the behavior people reject to return or surrender of illegal occupation of property. The act of illegal appropriation of property was found, the owner of the refund or over, shall not be refunded or surrender. If the illegal occupation of property of others, but the right to request a refund or surrender of the occupation of property, it does not constitute a crime.

 

Fourth, the large amount of. The establishment of this crime requires the conversion must amount to a crime. "large amount" standard, the judicial status of corresponding organs according to the local economic development.

 

(3) the subject of the crime is general subject, the natural person is at least 16 years of age with capacity for criminal responsibility.

 

(4) the subjective performance is directly intentionally, and with the purpose of illegal possession of other's property.

 

Five, case analysis

 

1 the defendant Liu, male, 26 years old, workers.

 

One night at about 9, the defendant Liu in the bike on the way home from work, see a hotel financial accounting Lee on the road ahead, Liu after lee side when the handbag robbed away. Li shouted, around the masses have intercept, Liu speeding away. When Liu came to a bridge, by the police Lu interception, Liu will ride to Lv Meng hit. Lu was knocked down, head injuries, after the rescue invalid death in the night.

 

Analysis: Liu's actions constitute what crime? Why? How should handle (only a principle of treatment)?

 

2 the defendant of a warm, male, a town of supply and marketing cooperative store cashier. Li Mou of the accused person, female, a town of supply and marketing cooperatives coal temporary workers, system temperature a girlfriend.

 

Wen and Lee introduced by people fall in love, because Lee owed to return, and a temperature of stealing public funds mobilization. A temperature not stand Li persuasion, then in one afternoon, took more than 5000 yuan in cash from their own management safety box. The day night temperature incites Lee took the shop door and safe pre placed in the toilet of the key, into the shop, forge stolen scene, attempting to transfer target, shift the blame on others. The second day, the temperature will be 5000 yuan in cash and all gave lee.

 

Analysis: the defendant of a warm, Lee's behavior constitute what crime? Why?

 

The 3 defendants Bai Mou, male, 22 years old, workers.

 

White had a pickpocket by the Public Security Bureau forced labor camp for three years. Ninth days after release from a to a restaurant, eat, see a vegetable company staff safety due to buy food being away with others are noisy, and found a watch off into the pocket of a jacket. White one see the name, the name will discourage Lycra, grab a hand to Ann's left hand, and took the security do not pay attention to use right hand. Watch out into his pocket. Soon, the others persuade, noisy to stop. Ann suddenly found that his watch was gone, he shouted: "watch!! my watch was gone!" someone pointed to one said: "he stole it!" white attempted to escape, was a catch, from his pocket and took out a watch. This table is an old table, at about 80 yuan.

 

Analysis: the defendant from a behavior is what behavior? Whether constitutes the crime? Why?

 

The case analysis:

 

1 Liu before accounting Lee unprepared, take the Gong Wenbao, in the mass and the police containment interception, for Booty (Gong Wenbao) and uses violence on the spot, constituted a robbery, at the same time, to the police Lu died, and constitute intentional injury crime (lethal), therefore, should be based on Liu robbery and intentional injury crime (lethal) two crimes.

 

2 a certain temperature and Lee's behavior constituted embezzlement.

 

In the case of a body temperature for the supply of coal yard of temporary workers, to facilitate the storage units of money, the cash 5000 yuan of illegal coal yard already accounted for. Lee and the temperature of a conspiracy has been constituted embezzlement accomplice.

 

3 white some belong to illegal behavior, does not constitute a crime, because a large amount of larceny must.

 

 

 

 

The twenty-second chapterThe hindrance social management order crime

 

 

 

A, noun explanation

 

1, the crime of obstruction of official business

 

Refers to the violence, threat obstructs functionaries of state organs, people's Congress, the Red Cross in performing their duties and perform their duties according to law, or intentionally obstructs a state security organ, the public security organ from carrying out tasks for state security according to law, without resort to violence or threat, causing serious consequences.

 

2, stir up trouble crime

 

Refers to the public, creating a disturbance which is non, or run amuck, harass and hurt the innocent, undermine social order behavior.

 

3, harboring, shielding crime

 

Refers to knowing it is a crime and provides a hiding place, for the property, to help them escape or false proof shield behavior.

 

4, the crime of medical accident

 

Refers to the medical personnel because of serious irresponsibility, treatment caused death or serious harm to the health of the person seeking behavior.

 

Two, single choice

 

Answer.

 

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

 

1 in general, the crime of obstruction of official crime is (method  ).

 

A. deception              B. stress method

 

C. violence, threat       D. violence, threats or other means

 

2 A with B humiliation, always want to revenge a B. One day, somebody invited a dozen people a B C and six fight each other at a bar, resulting in a B injuries. The man should act in accordance with the (  The conviction and punishment).

 

A. stir up trouble crime           B. Affray

 

C. the crime of intentional injury           D. negligence mayhem

 

Perjury occurs in (3     In the process of the proceedings).

 

A. civil                 B. criminal

 

C. administration                 D. civil, criminal or administrative

 

4 knowing that B is a criminal theft of a warehouse, but when the investigators to investigate, but he claimed at the time of the crime, another is with his dinner play, not at the scene of the crime, not the time of the crime. A behavior (  ).

 

A. does not constitute a crime           B. constitute perjury

 

C. constitute the crime of shielding           D. constitute the crime of obstruction of evidence

 

The 5 man to take violence refuses to carry out the people's court has effective judgment, cause Court Executive B injuries. A man's behavior (  ).

 

A. obstruction of official crime           B. refused to implement the decision, ruled that the crime

 

C. the crime of intentional injury           D. negligence mayhem

 

6 prisoners organize people to secretly cross the national boundary (border) environmental crime, harm to people being organized crime, should be in accordance with the ( ) punishment.

 

A. the crime of intentional injury

 

B. organize people to secretly cross the national boundary (border) environmental crime

 

C. organize people to secretly cross the national boundary (border) environmental crime severely

 

D. organize people to secretly cross the national boundary (border) environment and the crime of intentional injury complicated by

 

7 prisoners organize people to secretly cross the national boundary (border) environmental crime, cause tissue death, should be in accordance with the () punishment.

 

A. intentional homicide

 

B. organize people to secretly cross the national boundary (border) environmental crime

 

C. organize people to secretly cross the national boundary (border) environmental crime severely

 

D. organize people to secretly cross the national boundary (border) environmental crime and crime of intentional homicide and

 

The 8 man put his collection of the State prohibits the export of a precious historical relic secretly sold to USA Chinese B, have more than 6000 yuan. A man's behavior ( ).

 

A. crime of smuggling cultural relics         B. the illegal sale of precious cultural relics to foreigners for crime

 

C. cultural relics crime         D. the illegal sale of cultural relics crime

 

Three, multiple choice questions

 

Answer.  1.ABD   2.AC

 

1 escape only by (   ).

 

A. suspects           B. defendant

 

C. inmates             D. offenders

 

Significant difference between the 2 crime of medical accident and the crime of major accident liability is (  ).

 

Violations of the different object A.     Methods B. crime

 

The main C. crime       D. subjective psychological attitude of different

 

Four, fill in the blanks

 

1 to Violence ,  Threat Methods hinder National staff In performing their duties or impedeDeputy to the National People's Congress The performance of their duties as deputies according to law, constitute the crime of obstruction of official business. In the     Natural disasters andUnexpected events In, to Violence  ,  Threat Obstruct Red Cross personnel perform their duties according to law, constitute the crime of obstruction of official business.

 

2 refers to the crime of try every trick to mislead the public as state organ personnel Try every trick to mislead the public, to seek illegal interests. Pretend to beThe people's police   Try every trick to mislead the public, he shall be given a heavier punishment.

 

3 affray, causing serious injury, death, shall be in accordance with the The crime of intentional injury , The crime of intentional homicide The conviction and punishment.

 

4 make the organization, leadership, to participate in the organization with underworld society nature, and other criminal acts, in accordance with the  Combined punishment for several crimes  The provisions of punishment.

 

5 of perjury crime time is In the process of criminal proceedings   . Its behavior is false has an important relationship with the case of the plot  Prove , Appraisal  , Record  , Translation   .

 

The main 6 perjury is only in Criminal LitigationWitness , Jian Dingren , Record , Translators .

 

7 knowingly The crime person And to provide A hiding place  ,  Property , help them escape or false proof shield, constitute harboring, shielding crime.

 

8 cultural relics crime refers to the  Profit For the purpose, reselling The National prohibition  Cultural relics, serious behavior.

 

The object of the crime of medical accident crime is 9  The patient The result is, the crime      Doctor death or Seriously hurt patient's health .

 

The object of the crime of 10 major environmental pollution accident crime is Radioactive waste  , Waste containing pathogen of infectious diseases  , Toxic Substances Or other hazardous waste.

 

Five, question and answer

 

What is characteristic of the 1 obstruction of official crime?

 

Answer: it refers to the violence, threat obstructs functionaries of state organs, people's Congress, the Red Cross in performing their duties and perform their duties according to law, or intentionally obstructs a state security organ, the public security organ from carrying out tasks for state security according to law, without resort to violence or threat, causing serious consequences.

 

(1) the object of this crime is the state organs carry out their duties activities. Violations of the object is given, which can only be is to perform their duties according to law, to perform the duties of the staff of state organs, people's Congress, the staff of the Red Cross Society etc.. Hinder the personnel who engage in certain activities, or hinder the personnel engaged in official duties outside the range of activities and prevent the personnel of breach of privilege, does not constitute a crime.

 

(2) the objective aspect of the performance by violence, threat obstructs the personnel from performing their duties according to law or duty behavior, or obstructs a state security organ, the public security organ from carrying out tasks for state security according to law, without resort to violence or threat, but the cause of the serious behavior.

 

(3) the subject of crime is the general main body.

 

(4) the subjective aspect is deliberately, knowing that the workers are performing their duties or fails to perform his duties and to hinder. If you do not know what is law enforcement duties or responsibilities, or mistakenly believe that their behavior is illegal to hinder, does not constitute a crime.

 

What is the feature of the 2 try every trick to mislead the public crime?

 

Answer: try every trick to mislead the public crime, refers to as state organ personnel identity or title to try every trick to mislead the public, damage state organs Authority, seek illegal interests.

 

(1) the object of this crime is the state organ and social prestige of the normal management activities, including the legitimate rights and interests of citizens. State organ personnel identity and position on behalf of the state management mark according to the law, working personnel and the state organs capacity try every trick to mislead the public, material or spiritual damage not only to the victims, but more important is the damage to the organs of state authority, credibility, disrupting the normal management of state on the social.

 

(2) the objective aspect as state organ personnel to try every trick to mislead the public behavior. The so-called "fake" staff in state organ, refers to as state organ personnel status or position. If the behavior of a national staff, the staff of state organs, or non state staff identity to try every trick to mislead the public activities, does not constitute a crime, on the basis of fraud or other crime. Posing as soldiers try every trick to mislead the public, which belongs to the overlap of articles of law, should be to try every trick to mislead the public as the military crime. Try every trick to mislead the public behavior has continuity, multiple certain. For once in a while posing as the staff of state organs, the general can not be punished for the crime.

 

(3) the subject of crime is general subject, which can be the ordinary citizen, can also be a functionary of a state organ.

 

(4) the subjective aspect is only intent, the purpose is to seek illegal interests, including material and non-material interests, such as political treatment, honor. If only in order to cheat love, or in order to facilitate the work in daily life, satisfy the vanity, it does not constitute a crime.

 

3, how to identify the crime of shielding should be harboring?

 

Answer: (1) the object of the crime is the normal activities of the judiciary to prosecute crimes and punishment. The object of the crime is "criminals", namely its behavior offends the criminal law constitute the crime of forced measures taken by the judicial organs, including the criminal absconded after not captured criminals, have been detained, arrested, detained, supervision of detainees and fled up crime, but not by the judicial organ to suspect the person actually no crime, also do not include the general illegal personnel.

 

(2) the performance objective for harboring harboring criminals or behavior. The so-called "shelter", refers to the provision of a hiding place, property or help them hide hide for the criminals; the so-called "shield", refers to provide false evidence, to the judicial organ to destroy evidence, forged the scene of the crime and other means, to help criminals escape legal sanctions.

 

(3) the subject of crime is the general main body, but does not include the offender and accomplice.

 

(4) are deliberately subjective, namely, knowing it is a crime and deliberately to conceal or cover up. If you don't know is a crime and provide help, does not constitute a crime. If the conspiracy and criminal beforehand, afterwards on crime of harboring harboring, ought to be punished as a joint crime, does not constitute a crime.

 

What is the constitution of 4 medical liability accident crime?

 

Answer: the crime of medical accident is that medical staff, because of serious irresponsibility, treatment caused death or serious harm to the health of the person seeking behavior.

 

(1) object is complicated, including visits human rights of life and health and medical management order.

 

(2) the objective aspect of the performance of serious irresponsibility, treatment caused death or serious harm to the health of the person seeking behavior. The so-called "seriously irresponsible", refers to the work in violation of rules and regulations and nursing convention. Many medical personnel serious irresponsible behavior, not only is not as, can also be used as. No matter how specific forms, as long as the treatment caused death or serious damage to health of patients, such as the doctor who caused the disability, important organ defects, which constitute a crime.

 

(3) the crime is a special subject, namely the only legitimate practitioners of the medical staff, including doctors, nurses, pharmacists.

 

(4) to be subjective fault, but for violation of regulation and nursing in general may be deliberately.

 

5 what is a drug? What are the types of drug crime?

 

Answer: "drugs", according to the criminal law 357th stipulation, "drug", refers to the opium, heroin, methamphetamine (meth), morphine, cocaine and marijuana, under the state's control other addictive narcotic drugs and psychotropic drugs. "Other drugs", according to the Supreme People's Court on June 6, 2000 "on the trial of cases of drug standard of conviction and sentencing issues related to interpretation", mainly refers to the amphetamine, pethidine, caffeine, poppy shell.

 

6, force characteristics of prostitution?

 

Answer: refers to the violence, coercion, abuse or other means, forcing others into prostitution behavior.

 

(1) the object is infringing other people's personal rights and social customs, the forced can women, young girl, can also be a man.

 

(2) the objective aspect of the performance of the actor has against their will, forced prostitution behavior. The so-called "forced prostitution", usually refers to the use of violence, coercion, abuse and other means of forcing others into prostitution, or by other methods, such as the others anesthesia or while others sick, drunk machine to make others in can't fight or not to rebel and forced into prostitution. Regardless of the perpetrator what specific means, as long as the others is not voluntary circumstances, forced to sell their bodies have sexual intercourse with others, is forced prostitution.

 

(3) the crime is general subject.

 

(4) the subjective aspect is direct intention, and have the purpose of profit, but the profit is not the essential elements of this crime, as long as it is intentionally forcing others into prostitution behavior, constitute this crime.

 

Six, case analysis

 

1 the defendant Li Mou, male, 45 years old, farmers.

 

Lee and Chen's school friends, after graduation, Chen to go out to work, has not returned. One day, Lee from the public security organ to warrant see Chen photos, that Chen was a major murder robbery suspects. One night, Li Mou is home to watch TV, he hears a knock at the door, open the door to look, it is chen. After entering the house of Chen Lee told the crime after, and said outside the wind tight, in lee here to hide for a couple of days. Lee although feel some wrong, but read before and friendship, will Chen arrangements for the stay at home. A few days later, Chen is going to the south of the city continue to hide, Lee and Chen fare 300 yuan subsidy. After Chen on to the train station on the way were seized by the public security organ.

 

Please analyze: whether Lee's behavior constituted a crime? If a crime, should be how to conviction and sentencing?

 

The 2 defendants Tang Mou, male, 32 years old, unemployed.

 

The defendant Tangmou not labor, but also want to send big money, then playing the wrong idea. Tangmou from Yunnan province outbound arrived in Burma, with 4200 yuan RMB to the local drug traffickers bought 820 grams of heroin, the path to carry home. After returning home, Tang MOU will buy the drug packaging into packets sold to drug addicts, profits more than 1 yuan. Once, a Tang in selling drugs is my security personnel found, caught red handed. After testing, Tangmou by selling drugs Department of fake drugs.

 

Please analyze: whether Tangmou acts constitute crime? If a crime, should be how to conviction and sentencing?

 

The case analysis:

 

1 Lee's behavior has constituted the crime of harboring a criminal.

 

Lee knew their classmates Chen is a major crime suspects deliberately to provide shelter to hide, and provided 300 yuan to help runaway, has constituted the crime of harboring a criminal.

 

2 Tangmou behavior has constitute a crime of smuggling, drug trafficking. Though it's fake drugs, but, according to the relevant judicial interpretations, the drugs are not to be calculated, and belongs to the mistake, does not affect the establishment of smuggling, drug trafficking crime.

 

 

The twenty-third chapterThe crime of endangering the interests of national defense

 

A, noun explanation:

 

1, hindering military duty crime

 

Refers to the violence, threat obstructs military personnel from carrying out their duties in accordance with the law.

 

2, the crime of hindering military action

 

Is deliberately obstruct military actions of the armed forces, causing serious consequences.

 

3, destruction of weapons and equipment, military facilities, military communications sin

 

Is the intentional destruction of weapons and equipment, military facilities, military communication behavior.

 

4, sending unqualified recruits crime

 

Refers to play favouritism and commit irregularities in the recruitment work, sending unqualified recruits, if the circumstances are serious behavior.

 

Two, question and answer

 

1 what is hindering military duty crime? What are its characteristics?

 

Answer: block the military duty crime, refers to the violence, threat obstructs military personnel from carrying out their duties in accordance with the law.

 

The object of this crime is the defense security and military personal rights. Objective performance by violence, threat obstructs military personnel from carrying out their duties in accordance with the law. The subject of this crime is the natural person except the soldiers outside, are deliberately subjective.

 

2 what is the crime of obstructing a military operation? What are its characteristics?

 

Answer: crime of obstructing a military operation, is deliberately obstruct military actions of the armed forces, causing serious consequences. The object of this crime is the military actions of the armed forces. Objective performance for hindering military actions of the armed forces, causing serious consequences. Here the "block", do not require is violence or threatening way, all other such as clogging the roads, containment, meditation, but have caused serious consequences. The subject of this crime can be military and non military personnel, are deliberately subjective.

 

3 what is the destruction of weapons and equipment, military facilities, military communications sin? What are its characteristics?

 

Answer: the destruction of weapons and equipment, military facilities, military communication crime, refers to the deliberate destruction of weapons and equipment, military facilities, military communication behavior. The object is the national security of the security system, the object of crime is the weapons and equipment, military facilities and military forces. Objective performance for the destruction of weapons and equipment, military facilities, military communication behavior. The subject of this crime can be both a soldier, can also be non military personnel. The subjective aspect is deliberately.

 

4 what is sending unqualified recruits crime? What are its characteristics?

 

Answer: sending unqualified recruits crime, is refers in the conscription work play favouritism and commit irregularities, sending unqualified recruits, if the circumstances are serious. The object of this crime is the order of quality management in army. Objective performance for play favouritism and commit irregularities in the recruitment work, sending unqualified recruits, if the circumstances are serious behavior. The so-called "serious", including many, many people shuttle, shuttle seriously unqualified recruits, shuttle unqualified recruits caused serious consequences in the army or adverse effects. The subject of this crime is the recruitment staff of army and local, are deliberately subjective.

 

 

 

 

 

 

The twenty-fourth chapterThe crime of corruption and bribery

 

 

 

A, noun explanation

 

1, the crime of corruption

 

Refers to the state personnel who take advantage of their office, embezzle, steal, cheat or by other means, illegal possession of public property act.

 

2, the crime of embezzlement of public funds

 

Refers to the state personnel who take advantage of their office, embezzlement of public funds for personal use, illegal activities, or larger amount of misappropriation of public funds, for profit-making activities, or larger amount of misappropriation of public funds, more than 3 months without further action.

 

3, the crime of accepting bribes

 

Refers to the state personnel who take advantage of their office, demand property from others, or accept bribes, to seek benefits for others.

 

4, the crime of bribery

 

To seek illegitimate benefits, gives property to a state functionary behavior.

 

Two, multiple choice questions

 

Answer.

 

 1.ABD      2.ACD       3.ABCD   4, ABC

 

1 Liu in the civil affairs departments in the work. Catastrophic floods occurred in the county, he took advantage of his position, misappropriated relief funds 10000 yuan to his brother to do business. Liu's behavior does not constitute ( ).

 

A. embezzlement             B. embezzlement

 

C. embezzlement of special goods     D. the crime of breach of privilege

 

The 2 constitute the crime of misappropriating public funds behavior (  ).

 

A. personal misappropriation of public funds for illegal activities

 

B. collective embezzlement of public funds to travel

 

C. personal misappropriation of public funds for profit-making activities, a large amount of

 

D.'s larger amount of misappropriation of public funds more than three months without further

 

3 the crime of dividing the state-owned assets only by (   ).

 

A. state organs               B. business unit

 

C. State-Owned Company, enterprise        D. people's organization

 

4, which belongs to the type of crime of misappropriating public funds. (  )

 

A, illegal activity type       B, profit-making activity type

 

C, overdue not type     D, corruption type

 

Three, fill in the blanks

 

1 the crime of embezzlement is refers to the country staff  By taking advantage of one's position  Embezzle, steal, cheat, or by other means of illegal possession of public property act.

 

The object of the crime of embezzlement is 2 Public property  . Including state-owned property, collective property,     Public donations to be used for poverty alleviation and other public services, or property of special funds and in state organs, State-Owned Company, enterprises, collective enterprises and people's organizations Administration  ,  Use Or Transport  In the private property.

 

The most prominent feature of the objective aspect of the crime of corruption is the behavior of 3 people using the convenience of duty embezzlement, theft,      ,    Cheat Or by other means of illegal possession of public property.

 

The subject of the crime of corruption is 4 National staff And by State organs   ,  State-Owned Company  ,   Enterprise ,  Institution  People's organizations Administration  , Management   The state-owned property personnel.

 

The 5 national staff in Official activities  Activities or Economic activity  Receiving gifts, in accordance with the state provisions and not the public, large amount of conviction, in accordance with the corruption crime.

 

6 embezzlement crime is refers to the country staff  By taking advantage of one's position , embezzlement of public funds     Use, illegal activities, or larger amount of misappropriation of public funds, are ProfitActivities, or larger amount of misappropriation of public funds, more than It's been 3 months   Without further action. Appropriate for  Provide disaster relief  ,  Rescue  , Flood control   ,  Special care  ,   Poverty alleviation  ,  Immigration   , Relief   Funds for personal use, shall be given a heavier punishment.

 

The 7 national staff to use  The convenience of duty , claim The property of others , or Accept bribes  , for the benefit of others, is the crime of accepting bribes. State personnel in economic activities, in violation of The provisions of the state , accept all kinds ofRebate  ,  Fee  , to all individuals, punished for taking bribes.

 

The 8 national staff to useMy authority Or PositionTo facilitate the formation of conditions, through Other national staffBehavior of job, to seek illegitimate interests as trustees, claim Property as trustees OrPlease accept the trustee's property, shall be punished for taking a bribe.

 

9 forImproper interests  , gives property to a state functionary crime of bribery, is.

 

The subject of the crime of 10 the crime of dividing the state-owned assets is only State organs  , State-Owned Company  ,  Enterprise ,  Institution  Or  People's organization  .

 

Four, question and answer

 

1 the general feature of the crime of corruption and bribery;

 

Answer: corruption and bribery crime has the following features:

 

(1) the object of this crime infringes complicated object, including the system of honest government system and ownership of public or private property of the state organs and their personnel.

 

(2) the objective aspect of the crime is behavior person to take advantage of their office or legal provisions, in violation of their duties related to them, using the convenience of duty is the essential feature of this kind of crime, and it is the premise of crime. The so-called "using the convenience of duty", refers to the use of his position in charge, the management, the handling of public property rights, status and thus convenient conditions.

 

(3) the subjective aspects of the crime are deliberately, with possession of public or private property or public property, the fault can not constitute the crime of.

 

(4) the main body of the crime, the majority is a special subject, can only form, by the national staff a few crimes, such as bribery, bribery crime is general subject.

 

2 the crime of corruption should have what characteristics?

 

Answer: refers to the state personnel who take advantage of their office, embezzle, steal, cheat or by other means, illegal possession of public property act.

 

(1) the object of this crime is a complex object, both against the system of state organs, but also damage the public property. The object of the crime is public property. The object of the crime is not public property, can't constitute the crime of embezzlement, which is one of the important features of corruption crime.

 

(2) in the objective aspect of this crime is behavior person to take advantage of their office to misappropriate, steal, cheat, or by other means of illegal possession of public property act. The so-called "using the convenience of duty", refers to the use of his position in charge, the management, the handling of public property rights, status and thus convenient conditions. The performance of specific criminal acts of embezzlement, steal, cheat or for other means. A large amount of embezzlement of public property or if the circumstances are serious, or illegal behavior, does not constitute the crime of corruption.

 

(3) the subject of this crime is a special subject, only the State functionaries and by state organs, State-Owned Company, enterprise, institution or people's organizations, management, management of state-owned property personnel can constitute the crime.

 

(4) the subjective aspect of this crime is intentional, and the illegal possession of public property for the purpose, negligence does not constitute the crime of corruption.

 

3 of the crime of misappropriating public funds should be how to identify?

 

Answer: first of all, the general differences between crime and non crime of misappropriation of public funds. Whether the act constitutes a crime of misappropriation of public funds, embezzlement, time should be the amount, purpose, purpose, whether to return and so on, comprehensive analysis and determination, but also, three types of embezzlement crime, the conditions are not the same. For violations of financial system of embezzlement, misappropriation of public funds should not take treatment.

 

Secondly, to distinguish this crime and other crime.

 

The concept and characteristics of 4 crime of acceptance of bribes;

 

Answer.

 

(1) the object infringed is clean system and public and private property ownership of the state organs, the object of the crime was a bribe, "bribery" should be limited to "property and property interests"; "property", including the public property and private property.

 

(2) the objective aspect of this crime is taking advantage of his position, extorts money or property, or illegally accepts the properties of others, to seek benefits for others. "bribe", refers to the behavior of others to ask for the initiative. "bribery", namely the behavior of illegally accepting others active payment. Bribery, must seek interests for others at the same time, to constitute a crime. Benefit is legitimate, and for others to reap the benefits are realized, does not affect the establishment of the crime of bribery.

 

(3) the subject of this crime is a special subject, only the State functionaries engaged in public service according to law, including quasi national staff can constitute the crime.

 

(4) the subjective aspect of this crime is the direct intent, criminal purpose is to obtain the property of others.

 

The qualification of the 5 mediation bribery?

 

Answer: that mediate bribery, must meet the following four conditions:

 

(1) must be convenient conditions for state personnel who take advantage of their power or status forming. "Convenience" use my authority or position, is refers to between national staff behavior and by its use in the office while no membership, constraints, but people use their power or status and some work, such as unit in different departments of the national staff, on the lower level units have no official membership, relationship between the national staff, working with different units of the national staff.

 

(2) must be through other national staff positions on behavior;

 

(3) must be to seek illegitimate interests as trustees;

 

(4) must be obtained from the trustees or accepting money or property as trustees.

 

Five, case analysis

 

The defendant Zhang, female, 35 years old, financial department in a private enterprise.

 

Zhang's cousin Wu to want to go to Guangzhou to sell goods the lack of working capital, found Zhang, please help to borrow from the unit. Zhang think leaders may not agree with, and without any formality, from her handling of cash out of 20000 yuan to give certain. A month later, Wu Mouru number returned.

 

Analysis: if Zhang's act constitutes a crime? Why?

 

Answer.

 

Zhang's behavior has constituted the crime of misappropriation of funds. Zhang to enterprise staff identity, to facilitate handling unit funds, embezzlement of company funds a large amount, loaned to others for profit-making activities, not more than three months has returned, but also constitute the crime of misappropriation of funds.

 

 

 

 

 

 

The twenty-fifth chapter Malfeasance

 

 

 

A, noun explanation

 

1, the crime of Malfeasance

 

Refers to that the state personnel breach of privilege or be forgetful of one's duties, the normal activities of state organs, harm, cause public property, the interests of the state and the people suffered a major loss behavior.

 

2, the state organs

 

Including the organs of state power at all levels, administrative, judicial and procuratorial organs, military organs.

 

3, breach of privilege

 

Refers to the staff of state organs shall not exercise the right laws, regulations, rules and regulations shall be exercised in the duty activity of power. The main form has two kinds: one kind is not properly exercise their power in the duties within the scope of; two is beyond the scope of duty, to exercise their functions and powers.

 

4, be forgetful of one's duties

 

Is refers to the country staff seriously irresponsible, does not perform or not perform their duties properly behavior.

 

5, the state secrets

 

Refers to matters related to national security and interests, determined in accordance with legal procedures, in a certain period of time for a range of personnel aware of. State secrets are classified top secret, secret and secret level three.

 

6, the crime

 

Refers to the judicial staff favoritism, abuse the law and practise favouritism, clearly knowing the man who is innocent and that he knows to be guilty of the accused, who does not make him intentionally protecting from prosecution, or in the criminal trial activities deliberately contrary to facts and the law of addition. Also known as wrongful prosecution, adjudication of,

 

Two, single choice

 

Answer.   1.C    2.D     3.D      4.D

 

The crime only by (1   ).

 

A. national staff        B. staff of state organs

 

The judicial personnel C.        D. administrative law enforcement personnel

 

The crime of misuse law in adjudication by (only 2   ).

 

A. staff of state organs    The judicial personnel B.

 

C. administrative law enforcement personnel        D. court judges

 

The subject of the crime is only 3 of the crime of judicial staff, which has (   ) duties.

 

A, investigation, prosecution          B, trial  

 

C, supervision                D, the three

 

4, private put subject detainees crime can only be regulators, the object of crime is in custody ( )

 

  A, the criminal suspect          B, the defendant

 

C, criminals                D, the three

 

Three, fill in the blanks

 

The crime of breach of privilege, be forgetful of one's duties crime main body 1 are  The personnel of state organs  .

 

The object of the crime 2 deliberately leaking state secrets is State secrets , divided into  Secret , Confidential  ,  Top-secret  Level three.

 

The subject of the crime 3 deliberately leaking state secrets is generally The personnel of state organs , sometimes also can be Other personnel aware of state secrets  .

 

The subject of the crime of the crime is only 4 Judicial personnel  , that is Investigation of crimes  , Procuratorial   , Trial    ,  Supervision    Duties.

 

The crime of misuse law in adjudication can only occur in 5 Civil , Administrative trial  Activities. The subject of crime can only be Judicial personnel  .

 

6 private put detainees crime can only be the subject Supervisory personnel The object of crime, is in custody The suspect,Defendant  Or  Criminal .

 

Four, question and answer

 

Concept and characteristics of 1 malfeasance?

 

Answer: the crime of malfeasance, refers to that the state personnel breach of privilege or be forgetful of one's duties, the normal activities of state organs, harm, cause public property, the interests of the state and the people suffered a major loss behavior.

 

(1) the object of the crime is the state organ to perform normal job activities.

 

(2) this kind of crime is behavior person to implement the breach of privilege or be forgetful of one's duties such as a result of malfeasance in public property, the interests of the state and the people suffered a major loss in the objective aspect. This kind of crime can be divided into two types: one is the staff of state organs breach of privilege, and actively implement the duty behavior, such as favoritism, perverting the law, private put detainees; another kind is the functionary of a state organ to be forgetful of one's duties, do not perform or not perform their duties seriously behavior, such as sign, the performance of the contract, environmental supervision and dereliction of duty dereliction of duty. Malfeasance must be serious to constitute a crime, "serious" mainly for malfeasance caused heavy losses to the public property, the country and the people's benefit.

 

(3) this kind of crime in the subjective aspect, both intentionally, also has the fault.

 

(4) the subject of this kind of crime is the state organ personnel engaged in official business, including in the state organs of state power at all levels, administrative organs, judicial organs, armed forces, the ruling party, the Chinese people's Political Consultative Conference of the people.

 

2 the difference between crime and crime of breach of privilege be forgetful of one's duties?

 

Answer: the difference between this crime and the crime of breach of privilege:

 

Object, two violations of the consequences, constitute the main body is the same. The difference between the two is that: (1) the subjective aspect of the crime of different. Be forgetful of one's duties crime is out of negligence, breach of privilege crime is intentional; (2) crimes in different ways. Be forgetful of one's duties is not as or as a way to show the non performance or non performance of duties as a breach of privilege, and is as a way to show the random, arbitrary use of authority or oversteps the authority behavior.

 

3 how to identify the crime?

 

Answer.

 

(1) the boundary of crime and non crime. The difference between the two key is to look at the behavior intention is favoritism. If intentional behavior into private law does not exist on the subjective, but due to the deviation of legal understanding and knowledge of the facts and evidence, deviation on understanding, or work is not detailed enough, not strong sense of responsibility and lead to wrong, wrong, wrong arrest lawsuit does not constitute a crime.

 

(2) limits the accomplished offense and the attempted crime. According to the provisions of the criminal law on the crime, the criminal behavior, namely judicial personnel as long as that is the innocent implemented all combined to make him the prosecution behavior, or to knowingly guilty people carried out enough to make it not subject to prosecution behavior, or the implementation of violating the law and the facts of the referee, complete all the legal action, regardless of whether the purpose of the act, for its accomplishment. If the judicial staff in the implementation of the law, abuse the law and practise favouritism behavior in the process, due to causes beyond volition, as found by others to report, or the criminal suspect, the defendant confession, or behavior changes in work failed to complete the legal behavior, which has implemented the behavior and not enough to achieve the purpose of law, abuse the law and practise favouritism, as attempted crime.

 

(3) limits this crime one crime and several crimes. The judicial personnel committing this crime, the crime behavior constitutes torture to extract confessions, shall be in accordance with the principle of implicated offense, from a felony or crime punishment; judicial staff with prejudice to testify or helping to destroy or falsify evidence, and favoritism, and obstruction of witnessing crime, destruction, and the crime of fabricating evidence crime, should also be dealt with in accordance with the principle of implicated offense, from a felony or crime punishment.

 

4 judicial functionary crime of those

 

Answer: according to the provisions of the criminal law, including the crime, the crime of misuse law in adjudication of civil and administrative judgment, ruling, abuse of executive power of con stitutive requirements, dereliction of duty that prisoners escape, play favouritism and commit irregularities commutation, parole, the temporary execution of the sentence outside prison.

 

5 boundaries, this crime and harboring, to cover up the crime?

 

Answer: two all undermine the judicial activities of criminal, may make the guilty not be prosecuted. The difference between the two is that: (1) the subject of crime of different. The subject of this crime is a special subject, namely, only the judicial staff, subject and harbor, the harbor crime is the general main body (2) the objective aspect of crime is different. The objective aspect of this crime is behavior person to use his position on the convenience, make the innocent be prosecuted, the guilty not prosecuted or pervert the law behavior, objective aspects and harboring, crime of shielding performance provides a hiding place, property, to help them escape or false proof shield for human behavior crime, there is no use their problems.

 

 

 

 

 

 

The twenty-sixth chapter The army in the crime of breach of duty

 

 

 

A, noun explanation

 

1, the military crime of breach of duty

 

Breach of duty is the military, harm the military interests of the state, in accordance with the law and should be subject to penalty.

 

2, the country's military interests

 

Refers to the state in the national defense, military operations, military installations, military equipment, logistics support, military secrets, military scientific research interests.

 

3, the military duties

 

Refers to the soldiers according to laws and regulations, the army regulations, regulations and their duties must shoulder the responsibility and obligations.

 

4, the military

 

It is divided into two categories: one is the active duty military officers in active service, including Chinese people's Liberation Army and people's armed police forces Chinese (police officer), civilian cadres, soldiers and cadets with military status. The two is to perform military tasks reserve personnel and other personnel.

 

Two, fill in the blanks

 

1, criminal law provisions of the military crime of breach of duty chapter applies to the people's Liberation Army officers in active service Chinese, Civilian cadres The soldiers with military status, and Student  Chinese people's armed police forces, police officers in active service,   Civilian cadres The soldiers with military status, and Student  As well as performing military tasks Reserve personnel And other personnel.

 

2, the military crime of breach of duty, breach of duty is the military, harm the military interests of the state, in accordance with the law and should be subject to penalty.

 

3, hindering the implementation of military duty crime, refers to the violence, threat or command personnel duty, duty officer in the execution of his duty behavior.

 

Three, question and answer

 

What is the concept and characteristics of 1 Military Crime of breach of duty?

 

Answer: the crimes of soldiers violating military duties, breach of duty is the military, harm the military interests of the state, in accordance with the law and should be subject to penalty.

 

Military Crime of breach of duty has the following characteristics:

 

(1) the violation of the object is the national and military interests. "The national military interests", is refers to the country in the national defense, military operations, military installations, military equipment, logistics support, military secrets, military scientific research interests. The country's military interests are directly related to national sovereignty, territorial integrity and security, to the social stability and development.

 

(2) the objective aspect of the performance of the perpetrators in violation of military duties, endanger national and military interests. The so-called "military duties", refers to the army according to the law, regulations, rules, regulations and their military duties must shoulder the responsibility and obligations. His duties can be divided into general duties and responsibilities. General duties refers to each soldier shall fulfill their duties, such as obedience, disciplined, conservative military secrets duty. Specific duties refers to different military personnel shall perform their duties in the implementation of different military affairs, such as the command staff on duty, on duty, duty. Soldiers in violation of the above-mentioned duties, and harm to the military interests of the state, to constitute a crime. If the violation of military duty behavior, plot remarkable slight harm not big, cannot be considered a crime, only by the discipline processing. Form of violation of military duties can be as, can also be not as. Such as the crime of escaping from the army, military duty crime of hindering the implementation of theft, robbery, weapons and equipment, military supplies crime is composed of as methods; abandoned sick servicemen, war crime of refusing to treat wounded serviceman crime is not as a form of.

 

(3) the subject of crime is a soldier. It is divided into two categories: one is the active duty military officers in active service, including Chinese people's Liberation Army and people's armed police forces Chinese (police officer), civilian cadres, soldiers and cadets with military status. "active", refers to is the army. Active qualification by military organs for approval from the date to be enlisted, retired, retirement, retired army approved or dishonorable discharge date. The two is to perform military tasks reserve personnel and other personnel. "Military missions", refers to the bear has a direct relationship with the military activities of the war, training, support, battlefield rescue tasks. Both active duty military personnel, or other performing military tasks reservists or performing military tasks, bear and military related duties, so called military personnel.

 

(4) the majority of the subjective aspect of the crime is intentional, the minority is negligence. Some crime requires specific objective can be set up, such as the crime of self injury in wartime must be to avoid military obligations for the purpose of.

 

2 what is the crime of disobeying command in war, what is its structure?

 

Answer: the crime of disobeying an order in wartime, refers to the subordinate personnel in wartime deliberate violation and resist the implementation of higher order, harm behavior to combat. The object of this crime is a combat command order. Objective performance in wartime deliberate violation and resist the implementation of higher order, harm behavior to combat. Perform the martial law tasks or cope with emergencies of violence, in wartime. The subject of this crime is a soldier, are deliberately subjective.

 

3 what is the wartime want to escape? What are its characteristics?

 

Answer: Cold War breakout, refers to the combat and out of position, to escape fighting behavior. The object infringed is a soldier in order. Objective performance for wartime combat and out of position, to escape fighting behavior. The subject of this crime is the wartime combat soldiers, are deliberately subjective.

 

4 what is the duty crime of hindering the implementation of the military?

 

Answer: hinders the performance of military duty crime, refers to the violence, threat or command personnel duty, duty officer in the execution of his duty behavior. The object infringed is a military command, duty, duty order, objective aspect of the use of violence, threat or command personnel duty, duty officer in the execution of his duty behavior. The subject of this crime is the military, are deliberately subjective.

 

5 what is the weaponry crime? What are the characteristics?

 

Answer: weaponry crime, refers to the management of weapons and equipment in violation of the provisions, if the circumstances are serious, the accident happened, causing serious injury, death or other serious consequences of behavior. Object of this crime against the forces of order is the use of weapons and equipment, the objective aspect of the performance management of weapons and equipment in violation of the regulations, if the circumstances are serious, the accident happened, causing serious injury, death or other serious consequences of behavior. The subject of this crime is the soldier, the subjective aspect is fault.