In 2004 the first Liu Feng Fashuo entrance exam of Peking University, Jilin University, Nanjing University, second Wang Zuojie second, Wang Wenxian Zhou Haiyan of China University of Political Science and Law, people's university schoolmates Zhang Weichao united to the 2005 master candidates recommended by the high school planning, National School of Administration Press published papers forecast jm. This set of questions from the book, please try. The book will be published shortly. The book all the questions from the high school master database. More questions please refer to the high master of the forum.
Criminal law practice test (a)
One, single choice right: 1-20, every day 1 points, a total of 20 points. Four options for each of the following choices given, only one is consistent with the test requirements. Please answer sheet corresponding letter.
According to the interpretation of the 1 different methods, the interpretation of criminal law is divided into ().
   A legislative interpretation and theoretical interpretation of B extended interpretation and limited interpretation
   C literal interpretation and logical interpretation of D judicial interpretation and theoretical interpretation
Civil aircraft 2. America citizens from Japan to Thailand after the hijacking of Singapore, fled to China in the field, the judicial organs of China applicable China criminal law shall be investigated for criminal responsibility to the behavior of people, which is ( ).
   A protective jurisdiction principle B the principle of universal jurisdiction
   C D compromise jurisdiction principle of territorial jurisdiction
3. mental patients in the implementation of harm behavior, in which one of the following conditions, it belongs to the non criminal responsibility ( ).
   A is unable to recognize or control their behavior
   B can't recognize and unable to control their behavior
   C cannot fully account for his own conduct
   D cannot fully control their behavior
4 criminal responsibility refers to the ability of ().
   The ability of B behavior A behavior to recognize his own conduct to control his own conduct
   C s identification and ability to control their behavior, D behavior identification or the ability to control their own behaviour
Automobile tires, 5. Wang theft is using the small amount, constitute the crime of destruction of means of transport. Liu theft tire factory to factory tire, the larger amount, constitute the crime of theft. The object infringed by Wang Mou, Liu Mou behavior of the same, but different charges, the reason is ( ).
   The A object of crime amount of different properties of different B crime object itself
   Properties of the C object of crime may harm caused by the different D harmful acts against the social relations of different
6 people mistakenly think that a wife for him to rape (female).
   A does not constitute the crime of rape crime of abuse C B D attempted rape crime
7. Wang wanted to kill the enemy armor, hit one gun to a local, the next in a second shot, and a wounded, is Wang's behavior should be how to determine ( ).
   A homicide and assault two criminals
   B negligent homicide and assault two crime
   C is the imaginative joinder of offenses, according to murder
   D is implicated, according to murder
The 8 attempt of crime in the crime of "unfinished crime" refers to the ().
   A crime does not implement the behavior person's subjective purpose
   B crimes are not harmful consequences
   C crimes are not implemented
   D crimes are not fully meet the specific crimes in specific provisions of criminal law elements
Punishment mode 9 provisions of the criminal law (for).
   The legal punishment B A absolutely not determine the absolute determination of legal penalty
   C to determine the relative legal punishment D to determine the relative and absolute legal punishment prescribed penalty
10. is a mechanic, because of dissatisfaction with the leadership, work facilitation, into the plant overhaul of the aircraft, the illegal installation of two sets of control circuit, attempt to destroy aircraft oil machine interruptions in the test of time and space, causing serious accident crash, because be found without causing serious consequences of the plane crash. Belonging to the mechanic behavior ( ).
    B A does not constitute a crime, crime of destruction of means of transport (PREP)
   C crime of destruction of means of transport (attempted) D crime of destruction of means of transport (accomplished)
11. said the ten year old little girl into the river to drown. After coming home and regret, and hurried back to the river to the little girl rescued. The girl was crossing the masses rescued and escape. Belongs to a behavior ( ).
   B A the discontinuance of crime crime crime crime preparation C D
14 years of the implementation of intentional homicide behavior dissatisfaction (12).
   A constitute the crime of intentional homicide, but not bear criminal responsibility
   B constitute the crime of intentional homicide and shall bear criminal responsibility, but from criminal punishment
   C does not constitute a crime, so do not bear criminal responsibility
   D for the full 14 years of age should be investigated for criminal responsibility, but should be lenient punishment
13. the following in the crime of robbery, what kind of situation should be sentenced to 10 years imprisonment, life imprisonment or death ( ).
   A B into the store robbery in public places to rob C robbing military supplies
   D as state organ personnel robbery
14 to seriously obstructs a state personnel performing official duties by state personnel injury, ( ).
   A constitute the crime of obstruction of official business of the aggregated consequential offense
   B to the crime of intentional injury crime
   C in obstruction of official crime and the crime of intentional injury and combined punishment for several crimes
   D to disrupt public order crime.
15. A a convicted criminals sentenced to 15 years, 10 years after the execution was found guilty of should be sentenced to 12 years in the B and A crime committed crime. The maximum period for a practical implementation of the sentence ( ).
   A B 29 27 years C 20 years D 17 years
16 the following crimes, which belongs to the hindrance social management order crime has ().
   A harboring harboring B, crime of false accusation
   D C defamation crime of destruction of means of transport
17. is a electrical equipment repair work, for the maintenance of workshop electrical equipment task. In its duty, found that electrical equipment damage, danger of fire, but due to the leadership of discontent, deliberately not repair, resulting in a fire, a great loss. Constitute a behavior ( ).
   A B C fire arson crime of negligently causing serious accident crime D be forgetful of one's duties crime
With 18. state-owned store clerk man and society on the B a C, internal and external, by a convenient and ethylene, propylene to steal and cheat national positions on a large number of property. The case ( ).
   A constitute a crime of corruption, ethylene, propylene constitute the crime of theft
   B constitute a crime of corruption, ethylene, propylene constitute crime of fraud
   C a set of corruption, ethylene, propylene to embezzlement accomplice
   D B, C the act of theft, a theft accomplice
19. what a (female) and colleagues song (female) known as the bad blood, to find the song. One day, he instigated a psychotic Rao a (male) on the implementation of the rape of a song. Constitute what a behavior ( ).
   A insult B rape instigator
   C rape guilty of a separate D crime of Imparting Criminal Methods
20. Lee posing as a minister's son and young women sun fall in love, and promised to marry with the sun. Sunmou see Lee is the juniors of high-ranking officials, and agreed to establish a relationship. In Lee's repeated urging, sun and Li repeated sexual relations. Later, Sun Mou find Li Mou is not what juniors of high-ranking officials, to the public security organs against Lee, demands for Lee's criminal responsibility, and said that such as Lee does not pretend to be juniors of high-ranking officials, she never told him. Asked to Lee's behavior ( ).
   A B does not constitute the crime of rape crime of fraud crime of try every trick to mislead the public C D
Two, multiple choice questions: 21-25 day, every day 2 points, a total of 10 points, four options for each of the following questions are given, with two to four options is consistent with the test requirements. Please answer card will be selected in the corresponding letter. Multiple choice, choose a smaller or wrong did not score.
21 of all crime process can be divided into ().
   A crime completed form B the incomplete crime patterns
   The process of D C crime of preparatory crime
22 do not belong to the common crime is ().
   A also made B intentional content different crime
   D C the joint negligence crime committed to implement the limit behavior
Belongs to the criminal preparative act 23 which of the following is the ().
   A for the implementation of theft and pickpocketing technology practice B impart crime method to others
   C lure others to commit a crime crime tool D
24 the following criminals do not apply parole is ().
   Criminal elements endangering the state security of A
   B was sentenced to life imprisonment for the actual execution of criminals under the age of ten years
   C for the rape and sentenced to 15 years in Prison Criminals
   D recidivism
25 the crime of forcible seizure expression, right is ().
   A robbery are implemented in the candid condition
   B the crime of seizing behavior without the use of violence in the seized property or the threat of violence
   C rob the crime object including movable and immovable property
   D carrying weapons snatch, regardless of whether the actor actual use or the threat of weapons, all the crime of robbery
The simple answer: 26, three, 27 and two questions, each worth 6 points, a total of 12 points. Write your answers on the answer sheet corresponding position.
On 26 not to the number of crime and punishment principle of several special cases.
27. features the organization, leadership, in the crime syndicate and its difference from general crime group.
Four, analysis of the title: 28 items, a total of 8 points. Requirements for the judgment of the proposition and mainly explain the reason. Write your answers on the answer sheet corresponding position.
28 please to "a and B in the deep contradictions. One day, a see be chopped, lying on the roadside, be at one's last gasp. A has not taken any measures and walk away, B later because of excessive bleeding to death. A behavior does not constitute the crime of omission in the "criminal law".
Five, the law problems: 29 items, 10. Comply with the legislative intent and criminal law theory. Write your answers on the answer sheet corresponding position.
29 "criminal law" the 388th stipulation: "convenience state personnel who take advantage of their power or position of the other countries, the working staff's act, to seek illegitimate interests as trustees of property as trustees, ask for or accept property as trustees, shall be punished for taking a bribe." Please analyze the law.
Six, case study: 30 items, 15. Write your answers on the answer sheet corresponding position.
30 a Xichuan County in Henan province. In 2002 April to a city in Zhejiang province Beizhen three working time is less than 17 years of age. For the usual gambling, his meager income flows into other people's pockets. The money spent a thought had been to three of Beizhen's postal savings, found that there is not much people, may be easier to succeed, they decided to rob. The afternoon of March 25, 2003, took the toy simulation pistol to the postal savings business hall. After taking the door, a see only two female assistant work, and no other customers, he went to deposit a sales counter. The clerk asked him to fill in the certificate of deposit. A in the deposit certificate wrote "take the money out, not obedient everybody must die" after the word, the certificate to the clerk, then take the toy gun across the counter glass to the clerk. The clerk to see documents after the word, the mind a surprised, looked up to see that the call to save man with a gun to their own, quickly drill into the counter below and press the alarm. A heard the alarm, turn and run. In the process of escape, other postal workers and crossing the masses a being chased out of captured.
Excuse me:
   (1) a acts constitute what crime?
   (2) a behavior belongs to what kind of crime stop shape?
   (3) the effect of a false guns behavior whether to his sentencing?
   (4) for a behavior and how to deal with? (only a punishment principle)

[author]: legal person of Peking University
Answer and analytic
A single choice
   1.C analysis: it aims to investigate the interpretation of criminal law. According to different standards, can be divided into different types of criminal law interpretation. Based on the interpretation of the different methods, can be divided into literal interpretation and logical interpretation. Literal interpretation refers to the provisions of the criminal law interpretation of word meaning. Logical interpretation refers to the spirit of the legislation, contact the relevant circumstances, the provisions of the penal code from the logical explanation, including extended interpretation and limited explain two. According to the interpretation of the effect, can be divided into the right interpretation and has no right to explain. Among them, have the right to explain the main basis for the interpretation of different and can be divided into legislative interpretation and judicial interpretation. No explanation is also called the doctrinal interpretation, is a national advocacy organization, social organization, teaching and scientific research units or experts and scholars to clarify the meaning of criminal law from the academic angle. With respect to the legislative and judicial interpretation, learn to understand the reason for the lack of legal authority, is not legally binding, so called "has no right to explain". Legislative interpretation refers to the legislation of criminal law norms to clarify the meaning of. The judicial interpretation refers to the judicial organs for criminal law to clarify the meaning of. In our country, the power of judicial interpretation of Supreme People's court and the Supreme People's procuratorate.
   2.B analysis: the retroactivity of criminal law to examine the. The principle of universal jurisdiction, is starting from the protection of the common interest of the international community, in the common interest of the international community against international conventions, treaties of crime, whether the offender is a national or a foreigner, whether the crime is in its territory or its domain, all applicable national criminal law. The provisions of the international treaties to which China has concluded or acceded to crime, our country criminal jurisdiction in the scope of the obligations undertaken by the expert, application of our criminal law.
   3A analysis: subject to criminal responsibility ability test. "Criminal law" the eighteenth stipulation: "the mental patient harm 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."Thus it can be seen: the first, criminal liability should the mental patient, the key lies in the behavior ability to recognize or control his own conduct; second, whether to recognize or control behavior, not according to the actor's confession is determined, not by subjective judgment to do case personnel to determine, but must go through the identification of statutory procedures for confirmation; third, due to mental patients do not have the ability of criminal responsibility is not to bear criminal responsibility, and not laissez faire, but his family or guardian shall be ordered to strict surveillance and medical treatment, when necessary, can also be forced by the government medical.
   4.C analysis: the concept of subject to criminal responsibility examination. The ability of criminal responsibility, criminal law refers to identify necessary acts constitute a crime and criminal responsibility and the ability to control their own behaviour, does not have the capacity of criminal responsibility if the implementation of the objective harm the social behavior, also cannot become the subject of crime, can not be investigated for criminal responsibility; criminal responsibility ability to weaken, the accordingly, appropriate to reduce the criminal responsibility.Recognition refers to the ability of a person to the nature of their actions, meaning and consequences of cognitive ability. Control refers to the ability of a person according to their own will to dispose of their own acts ability. Control one's ability is the ability to recognize as the premise. If a person on the nature of their actions, meaning and consequences of the lack of the necessary understanding ability, so, the ability to control human behavior has no dependence.
   5.D analysis: subject to examine the crime object. The object of the crime is the protection of Chinese criminal law, criminal acts against society, is one of the essential elements of constitution of crime. Social relationship is the relationship between people, people in the co production of life, which is formed in the common people in the process of mutual relationship with the relationship of production based. The object of the crime of sabotaging means of transportation is the traffic safety, the object of larceny is the ownership of public and private property.
   6C analysis: the purpose of testing object impossibility. The so-called impossibility, refers to the behavior of people have begun to implement the specific crimes in specific provisions of criminal law constitutes the objective elements of behavior, but because the understanding of the behavior of the fact mistake makes the impossible crime, it cannot achieve the accomplished state of the attempted crime. Impossibility the understanding of human behavior mistake in objectively impossible actually causes the expected crime results, but the subjective criminal intent is clear, objective implementation of crime, so it also has social harmfulness. For the impossibility should also be investigated for criminal responsibility. However, compared and attempted crime, attempted crime due to impossibility after all no actual dangerous results, its social harmfulness is clearly less than the attempted crime. Therefore, in case other things equal, the impossibility of punishment shall generally be lighter than the attempted crime. In this case, the behavior people mistook his wife female to rape which constitute the crime of rape (attempted).
   7.C analysis: it aims to investigate the imaginative joinder of offenses. The imaginative joinder of offenses or imagine the number crime, refers to the act of a number of different crime a crime intention based on the implementation of control, a harmful act, crime and violation of two or more dissimilar. In this case, Wang a criminal intention based (kill enemy armor), the implementation of a harmful behavior (where Xiang Jia was shot), and has two different sins, so the case is the imaginative joinder of offenses, shall be in accordance with the crime of intentional homicide processing.
   8.D analysis: it aims to investigate the attempted crime. Crime did not succeed, refers to the crime of intentional content is not fully realized, not the completion of a crime constitutive elements. In the result crime, behavior person realize only actually deliberate crime, deliberately not objective or the result of crime the crime. For the crime, the crime of intentionally or not fully realized, which is behavior person to complete the implementation of behavior has not been completed. Whether the behavior and results, are the provisions of the criminal law as a necessary part of the objective aspect of crime elements.
   9.C analysis: subject to legal punishment test. Legal penalty is the penalty for the criminal law provisions of the provisions of a specific crime specifications and standards. According to the criminal legislation and criminal law theory, the legal punishment can be divided into the absolute determination of legal penalty, the absolute uncertainty of legal punishment and to determine the relative legal punishment three. Statutory sentence pattern in Chinese criminal law is to determine the relative legal punishment. To determine the relative legal punishment, namely in criminal law provisions on certain crime certain sorts of punishment and the punishment, and clearly defined the maximum punishment and minimum punishment.
   10.D analysis: it aims to investigate crime of dangerous crime accomplished. Crime is the complete form of crime, a crime intentionally stop form has all the elements of a specific crime shows. The constitution of a crime is the standard of judging crime meets all the requirements specified in constitution of crime. According to the provisions of our criminal law on various direct intentional crime, there are four main forms of crime:
   (1) the result crime. The criminal crime, not only requires the completion of a specific crime behavior in specific provisions of criminal law, and crime actual harm results statutory. The results make the legal consequences if the actual as the basic standard to distinguish the accomplished crime and attempted crime. Such as the crime of intentional homicide, the crime of intentional injury, robbery, theft, fraud, snatch crimes are committed.
   (2) dangerous crime. Dangerous crime accomplished crime, not only requires the completion of a specific crime behavior in specific provisions of criminal law and criminal behavior, the dangerous state requirements are sufficient to cause some harm the social result, but does not require the actual harm results occur some crime. Dangerous crime in dangerous state statutory harmful consequences as the basic standard to distinguish the accomplished crime and attempted crime. For example, the provisions of the 114 and 115 of China's "criminal law" the arson, explosion, poisoning crime, crime will water crime, the crime of endangering public safety and the provisions of Article 119 of the crime of sabotaging means of transportation, crime of sabotaging transportation facilities are dangerous.
   (3) conduct crime. Crime, crime, the actor completed crime legal. Without the requirement of actual harm or cause real harmful result results. Behavioral offense in crime of statutory whether to complete the basic standards to distinguish the accomplished crime and attempted crime. In general, act crime behavior demands are required after a period of time, to a certain extent. Such as the crime of escape.
   (4) act crime. Act committed crime, the actual risk harm result does not require criminal behavior or cause actual harm results, don't even request crime completed, as long as the behavior of a to crime, the crime is completed. The provisions of the criminal law act of organization, typical leadership, participating in terrorist organization, organization, leadership, to participate in the organization with underworld society nature, crime spread crime. Act offence constitutes a started to commit a crime, so no attempt.
   ★ important note: this knowledge is very important, can be used to analyze the case in question, multiple-choice questions are often get.
   11.C analysis: it aims to investigate the attempted crime. Attempted crime refers to the crime has already begun to be carried out, but did not succeed due to reasons other than the will of the criminal element of crime stop shape. In this case, "said the ten year old little girl into the river" shows that he has already started to commit a crime ", although he returned home after a regret, hurried back to the river to the little girl rescued", but "the girl was crossing the masses rescued and escape" still belongs to reasons other than he will. His unfinished crime, not for reasons of their own.
   12.C analysis: subject to the age of criminal responsibility investigation. The age of criminal responsibility, shall be prescribed in the criminal law refers to harm the social behavior of their implementation of the age of criminal responsibility. The criminal law of our country stipulates the four law on the age of criminal responsibility. Among them, (1) under 14 years of age is no time criminal responsibility. Even with 14 years of the implementation of the serious harm to the society's behavior (such as intentional homicide behavior) does not constitute a crime, he shall not bear criminal responsibility. (2) the full 14 years of age under the age of 16, only to murder, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, crime of throwing dangerous substance to bear criminal responsibility. Must pay attention to things, "eight kinds of criminal provisions of the criminal law" the seventeenth paragraph second refers to the specific criminal acts, not the specific charges. This is the relative age of criminal responsibility. (3) has attained the age of 16 years, for all the crimes shall be subject to criminal liabilities. This is completely negative time criminal responsibility. (4) were 14 and 18 years of age who commits a crime shall be given a lighter or mitigated punishment. This is to reduce the period of criminal responsibility.
★ important: This is often the knowledge test point, in the examination as long as the digital and year, you should pay special attention to the.
　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　    13.C analysis: it aims to investigate the crime of robbery. "Criminal law" the 263rd stipulation: "by the violence, coercion or any other method of looting, three to ten years in prison, and shall also be fined; in any of the following circumstances, place above ten years imprisonment, life imprisonment or death, and concurrently be sentenced to a fine or confiscation of property: (a) home robbery; (two) the robbery on public transportation; (three) the robbery of a bank or other financial institutions; (four) repeatedly robbed or large amount of robbery; (five) the robbery causing serious injury, death; (six) posing as police officers robbery; (seven) armed robbery (; eight) robbing military materials or disaster, disaster relief, relief materials."
   ★ important: to master the eight conditions to short answer questions asked.
   14B analysis: the difference in the aims to examine the obstruction of official crime and the crime of intentional injury. Because the maximum punishment of crime of obstruction of official business legal sentence of 3 years in prison, but the crime of intentional injury (injured) statutory sentence of 3 years to 10 years in prison. Therefore, the crime of obstruction of official business is unlikely to contain the crime of intentional injury (injured). That is to say, the violence crime of obstruction of official business of not including intentionally causing serious injury behavior. If the violence behavior to intentionally causing serious injury against the official, it should be in accordance with the intentional injury (injured) to the felony conviction and punishment.
   15.C analysis: subject to examine the combined punishment for several crimes. According to the "criminal law" the seventieth and sixty-ninth rules, it is easy to determine the answer. "Criminal law" the provisions of article seventieth, after the judgment is pronounced, before the punishment has been completely executed criminals were sentenced, found that the judgment is pronounced, other crimes had no judgment, a judgment shall be rendered for the newly discovered crime, the before and after the two verdict sentenced to punishment in accordance with the provisions of this law, article sixty-ninth, decided to carry out the punishment. Has to be executed, shall be calculated in the term decided by the new judgment. "Criminal law" the sixty-ninth regulation, before the judgment is pronounced a committed several crimes, except sentenced to life imprisonment and death, should be above the maximum total term following, several sentences, as appropriate, decided to be executed, but the regulation of maximum of not more than three years, criminal detention most high cannot exceed one year, in prison not more than twenty years. If the number of crimes in a supplementary punishment is imposed, the supplementary punishment shall still be executed.
   16A analysis: the similar object subject to investigation of crime. Harboring, shielding crime belongs to the crime of obstructing the administration of public order. Crime of false accusation and libel law violation of civil rights, democratic rights of crime. The crime of sabotaging means of transportation belongs to the crime of endangering public safety.
   17.A analysis: it aims to investigate arson. Arson in the objective aspects for the implementation of set fire to public and private property, harm the public safety act. The fire was deliberately caused by public or private property, combustion behavior. Fire behavior, can be used as, using a variety of kindling, directly to the public or private property can not be ignited; as, namely deliberately do not fulfill their duty to prevent the occurrence of fire, fire occurrence of laissez faire. For example, an electrical repair workers, found responsible for the maintenance of electrical equipment has been damaged, may cause a fire, and he does not repair, laissez faire fire occurrence. This is not as a way to implement fire behavior.
   As the implementation of fire behavior, must have three conditions: one is to have the fire; two is to have a purpose, namely to burn the belongings; three is to make contact with the object. In these three conditions have been met in the case, people make the fire began to fire, fire behavior is implemented; the object once on fire, even the fire evacuation or extinguish, object can be independent to continue burning, fire behavior was seen as the end to implement.
　The omission of the implementation of the arson, the behavior must have specific obligation to prevent fire, and can fulfill the specific obligations not fulfilled, so that the fire. Its characteristics, one is the behavior of people must be responsible for specific acting obligation; the two is based on the subjective and objective conditions, the actor has the ability to perform the obligations as specified; the three is the perpetrator objective must not perform the specific obligations as a fact. From the source of obligation, one is the obligations prescribed by law, is a position or two required obligations on business, such as the oil fire wardens are to eliminate fire hazards, and prevent the occurrence of fire obligations; three is the previous behavior of people caused by the duty, such as behavior people put cigarette butts thrown into the curtain. The curtains on fire behavior, cause, people are extinguished curtain combustion obligations. From the view of judicial practice, the specific duty behavior, is mainly the latter two cases.
   18.C analysis: theory that aims to investigate corruption crime and joint crime. Article 382nd of the criminal law: the state personnel who take advantage of their office, embezzle, steal, cheat or by other means of illegal possession of public property, is the crime of corruption. By state organs, enterprises, institutions, State-Owned Company, and people's organizations entrusted with the management and operation of state-owned property, taking advantage of his position, embezzle, steal, cheat or by other means of illegal possession of state owned property, to corruption theory. And the person mentioned in the preceding two paragraphs with corruption, collusion, by the accomplice. Ethylene, propylene and has the status of a national staff collusion, collusion with corruption, embezzlement accomplice should be based on the.
   19.C analysis: it aims to investigate the indirect principal offender. The indirect principal offender refers to, in order to implement the constitution should act, using others as "criminal tools" means to realize the criminal elements who. If have a criminal responsibility, common crime two constitutes the crime of rape. However, he instigated Rao is mentally ill, does not have the ability of criminal responsibility, so, He Mou behavior constitutes the crime of rape crime individually.
   20.B analysis: it aims to investigate the crime with the non crime. Lee's behavior does not constitute the crime of try every trick to mislead the public, because the crime: try every trick to mislead the public, is to seek illegal interests, working personnel and the state organs or the identity of the title, fraud, damage the prestige of the government office and their normal activities. The performance of this crime is behavior person has as state organ personnel or the identity of the title in the objective aspect, fraud behavior. The so-called posing as a functionary of a state organ identity or title, not only refers to the non state staff posing as a state functionary, also includes the state organ staff posing as him a functionary of a state organ identity or titles, such as general office administrative cadres as the public security organs of cadres, the ordinary state cadres as senior positions the national cadres. If the behavior of a non national staff identity, such as Party members, juniors of high-ranking officials, the martyr children, private or collective enterprises unit management, procurement, to try every trick to mislead the public activities, can not constitute a crime, reach the crime degree may constitute fraud or other crime. Lee also does not constitute the crime of rape. From the existing data provided by the subject, Sun Mou in Lee's repeated urging and Lee times sex, Lee did not by means of violence or coercion, and no apparent violation of the sun will. Lee also does not constitute the crime of fraud. Fraud refers to the illegal possession for the purpose, with a fictional facts or conceal the truth means, thus obtaining a relatively large amount of public or private property behavior. Lee did not cheat Sunmou property.
Two, multiple choice questions
   21CD analysis: subject to explore the relationship between crime and crime. Between crime and crime, is a distinct but closely related relationship. Intentional crime stop shape is ending and form various refers to intentional crime has stopped to different, belong to the relatively static category; process of intentional crime is happening, development and completion of the process of intentional crime, concept belongs to the relative movement development.
   22.ABCD analysis: it aims to investigate the common crime. A joint crime is an intentional crime committed by two or more persons jointly. The common crime has the following characteristics: (1) the subject of crime must be in more than two people, whether natural person more than two or more than two units, or one party is a natural person, the other party is the unit can constitute joint crimes. Common crime subject as a natural form, must be the age of criminal responsibility, criminal responsibility of the person. (2) the objective aspect of crime must have the joint criminal behavior, namely the common criminal acts are pointing to the same target each other, complement each other, form an organic whole criminal behavior. One is the implementation of the joint crime must be a criminal offence; two is the joint crime by a common crime target their individual behavior together, forming an organic whole of criminal activities; three is the common criminal acts are associated with the occurrence of crime the results have a causal relationship. (3) the subjective aspect of crime must have the common crime of intentional. First of all, understanding the factors of common crime: A. each joint crime not only aware of their own in the implementation of a crime, but also recognize that there are other common criminals and own one in the implementation of the joint crime; each B. joint crime to recognise common crime themselves and others with will entail harmful consequences to society results, and realize that the causal relationship between joint crime and joint crime results in their. Secondly, will have the common crime: A. each offender is selected through their own free will, together with others to commit the crime; B. the common crime happen harm the social behavior of joint crime of their results, hope or laissez faire attitude.
   The following case does not constitute a crime: one is two or more joint negligent behavior; two is a unilateral intent and unilateral negligence; the three is more than two people commit crime intentional content is different; four contact made no subjective; five is beyond the scope of common intention of crime; six is the harbor, advance not conspiracy shielding action. If conspirators or harboring harboring behavior, a causal relationship between the occurrence of the harmful results, and has the common intent, it should be the establishment of common crime.
   ★ important: the theory of common crime - a lot of questions, questions relating to the common crime cases every year. The theory of joint crime investigation choice generally difficult. Aiming at the characteristics of these propositions, I suggest that you put the book on the common crime all knowledge full back, also need to refer to other criminal law teaching materials, such as the new "criminal law" (Zhao Bingzhi editor).
   23ACD analysis: subject to examine the preparatory behavior for a crime. Preparatory crime, refers to the crime, preparation tools, manufacturing conditions on the behavior of. The behavior must implement the provisions of our criminal law to crime preparation tools, manufacturing conditions on the behavior of. Including preparation of crime, crime victim survey tool place and whereabouts, leaving the scene of the crime to the crime scene, the victim or trick the victim or victim, waiting for the arrival of track obstacles, to rule out criminal crime and other crime preparation behavior. As for the B term "impart crime method to others" have constituted a crime.
   24BCD analysis: it aims to investigate the condition for parole.Parole is a criminal element sentenced to fixed-term imprisonment or life imprisonment, after the implementation of a time penalty, he conscientiously observes prison regulations, accepts education and reform, shows true repentance, and will not cause further harm to society, the judiciary will perform system the conditions attached to a penalty early release. The parole is enabled criminals to early return to the society, therefore, must be some additional conditions:
   (1) the application of parole object can only be sentenced to life imprisonment and criminals. But for the recidivism and for murder, robbery, rape, kidnapping, explosion and other violent crimes was sentenced to 10 years in prison, life imprisonment of criminals, without the possibility of parole.
   (2) the parole sentence conditions. A criminal element sentenced to fixed-term sentence, the implementation of the above sentence sentence 1/2, a criminal element sentenced to life imprisonment, the actual implementation of more than 10 years, can apply for parole. Application of parole if there are special circumstances, with the approval of the Supreme People's court, can not subject to the restrictions relating to the term executed. "Special circumstances", refers to the national defense, diplomatic, political, ethnic, religious and other aspects of special needs.
   (3) the substantive conditions of parole, crime in penalty execution period, we must conscientiously observes prison regulations, accepts education and reform, shows true repentance, and will not cause further harm to society.
25.BD analysis: it aims to investigate the crime of seizing. Snatch crime, refers to the illegal possession for the purpose of, take people unprepared, open to a relatively large amount of public or private property behavior. The object of the crime is a general property, such as money, goods and other property, not including the guns and ammunition, the official documents, certificates, seals and other special goods, not including real estate. This crime objective aspect is candid, by surprise, openly on the property to exercise physical force, make other people not to resist, and obtain a larger amount of property act. In the trial practice, looting behavior is generally take people unprepared, suddenly take their wealth away, but also on the victim's notice but defence capacity loss situations (such as drunk, sickness) take their wealth away. Rob behavior must be carried out openly, but not a must implement the seizing behavior in front of not a specific person or the majority of people, but to open their goods, or to implement in the victim on the spot can be learned that property is to rob case. Rob behavior is the direct motivation is to seize property, directly to the property of violence rather than directly to physical violence; the seizing behavior, the victim can be detected but not resist, not by violence uniforms can not resist, also not dare not resist stress. This is the key difference between robbery and robbery. Even if the actor to win the behavior of property makes the victim fall or death, nor the establishment of the crime of robbery; the injury and death results also established other crimes, as the case from the most serious crime and the crime of seizing or be punished. But if the weapon snatch carrying behavior, it should be the crime of robbery.
Three, short answer questions
26 the answer: the distinction between one crime and several crimes, the crime as the standard, the general is not difficult to distinguish. But in some cases the surface like crime, not the essence of crime number, or even several behavior, not to the number of crime. No special situation with the number of crime:
   (1) continue to make. A crime in a continuing state of crime in a certain period of time. To make about the criminal responsibility, according to the legal punishment of criminal law provisions.
   (2) the imaginative joinder of offenses. The act is a crime, and the crime violates several charges. On the criminal liability of the imaginative joinder of charges, according to the French the offending prescribed punishment of crime.
   (3) repeat offenders. Refers to a crime often industry, or the proceeds of crime for its spending or the main source of livelihood, crime has become a habit, and implemented in a long time some criminals. Criminal liability of recidivist, punished according to its legal punishment, not punishment.
   (4) combination of crime. Refers to the criminal law two originally independent crime together, provisions for another independent crime. About the criminal responsibility according to the punishment according to the crime, legal punishment, not punishment.
   (5) continuous offence. Refers to the act of the same or generalized based on the nature of intentional crime, number of crime the same continuous implementation, violated the same criminal crime. On the criminal responsibility of continuous offence, according to legal punishment of criminal law provisions of the.
   (6) implicated offense. Refers to the behavior of people for a criminal purpose, the implementation of a crime, their behaviors or results behavior violate other laws of crime. On the criminal liability of implicated offender, according to one of the most important crime shall be given a heavier punishment.
   (7) the absorbable offense. Index is a different behavior, the behavior to absorb another action, only to set up a crime crime absorption behavior. Criminal liability of the absorbable offense, offense constitutes absorption behavior, not punishment.
Answer: 27 (a) organization, leadership, in the underworld nature organization crime, is refers to the organization, leadership and participation in the use of violence, threats or other means, organized criminal activities, dominate the party, do evil, oppression, harm people, serious damage to the economic, social life order of the underworld organizational behavior. Its characteristics are: (1) the object element. The object of this crime is the social public order. The underworld property organization the emergence and existence of the social order and public safety threat. The value orientation of organized crimes of the underworld is an attempt in the penalty the national compelling force as the backing of the legal order established in means of violence crime as the backing of the anti social order, so the black social organization is a great threat to the constitution as the basis of the rule of law, the damage to the society is an all-round consciousness. Unlike specific crime on the social relations of a part or a specific member rights violations. It has shaken the foundations of society is the social group, is the belief, to people's psychological cause an evil power, justice does not exist, the kind-hearted people can only surrender to evil. Therefore, the object element organized crimes of the underworld is social order. (2) the objective elements. The performance is behavior person organization, leadership and objectively by actively participating in the threat of violence or other means, organized criminal activities, dominate the party, do evil, oppression, harm people, serious damage to the economic, social life order of the underworld property organization behavior. The organization organization with underworld society nature, refers to the behavior of people in order to implement their illegal purpose, led to initiate, and have a common objective, establishing the underworld property organization behavior. The leader of the underworld property organization, is in the leading position in the underworld property organization, planning, coordination and command behavior on the activities of the organization. The so-called in the underworld property organization, refers to voluntarily and actively join the underworld property organization behavior. Guilty of this crime and other crimes, conviction, respectively, in accordance with the provisions of this Law on the punishment of crimes. (3) the main elements. The subject of the crime is general subject, which reached the age of criminal responsibility of natural person has the capacity of criminal responsibility. (4) the subjective element. It must have a clear intention in subjective aspect, namely, that is the underworld property organization and actively participate in; that is the underworld property organization and organization, leadership; if you do not understand the situation, to participate in the underworld property organization, after the exit, may constitute the other crime, shall be investigated for criminal responsibility according to the crime and not. Of course, if not knowing in, after knowing that still does not exit, shall be investigated for criminal responsibility according to the crimes should be.
(two) the organization, leadership, in different points between the underworld crime and criminal group in:  (1) the organization, leadership, in the underworld organization is a crime, and crime is not a crime, but a common organized crime; (2) the purpose of the crime is not the same. The purpose of the crime, is to get illegal political, economic benefits for the purpose, and the latter crime purpose, except for the pursuit of illegal economic interests, there through the crime for stimulation, meet the desires; (3) the degree of organization, discipline is different. The former organizations more closely, more strict discipline, or kill with lawful authority; (4)Crime in different ways. Various forms of crime in the former variety, such as the smuggling of weapons, ammunition, drugs, violence, murder, kidnapping and extortion, prostitution, gambling and so on, the latter form of crime is single, such as a group, the crime of smuggling crime of theft, fraud crime group group; (5) different protection network. The former by bribing the party, administrative, judicial officials, seeking political patron, establish protection network strong, the latter generally have no protection network, is also not the powerful.
★ important: subject to examine the organization, leadership, in the underworld organization crime. In recent years, China is great in strength and impetus of the crime action, organization, leadership, to participate in the crime of underworld organization behoove to become a hot of exam questions. And, in 2004, master of Peking University came out and Liu Yong Case related topics, we should attach great importance to. The answer is summed up so much, hope you as much as possible to grasp the knowledge content. The organization, leadership, to participate in the crime of underworld organization, can the method of analysis, case study, short answer questions, analysis questions and multiple-choice questions.
Four, analysis of the problem
The 28 answer:
   (1) this statement is correct.
   (2) not as, is refers to the behavior person has the obligation and can implement a behavior, while the negative do not fulfill this obligation, resulting in harmful consequences of the provisions of the criminal law act. The establishment of the crime of omission must have the following three conditions objectively:
   A. actor has specific duty to implement some kind of positive behavior, which is the premise of omission constitutes. Specific obligation is a legal obligation, not ordinary, moral obligation. If there is no such specific obligations, are fundamentally not constitute criminal omission. Not as a source of obligations: A. ruled by law; B. office or business requirements to fulfill the obligations arising from acts C.; people have the responsibility.
   B. actor may perform the specific obligations, but fails to perform.
   C. acts are not specific obligations caused harmful consequences to society.
Five, the analysis question
The 29 answer: This article is about the provisions of mediate bribery. Mediate bribery is a special form of bribery should be convicted and punished according to the crime of accepting bribes. It is a characteristic:
   (1) integrity of the object is the State functionaries.
   (2) the characteristics of objective aspect: convenience A. behavior people use my authority or the status of the formation of other countries, the working staff's behavior, but does not directly use their duties within the scope of authority. In practice, convenience people use my authority or position, as illustrated by the power and status own form of other national staff relations, and other countries by working staff's behavior, to seek illegitimate interests as trustees. B. mediate bribery act constitutes a crime, be in human behavior trustees to seek illegitimate interests cases constitute. C. either bribe or illegally accepting bribes, accepting bribes to constitute a crime, the elements are required to have to seek illegitimate interests as trustees.
   (3) the subject of this crime is a special subject, or national staff, "criminal law" the provisions of article ninety-third, national staff including the national staff of course, engaged in public affairs in state organs or personnel; state functionaries formulate, State-Owned Company, enterprises and institutions, people's organizations and state organs, engaged in public State-Owned Company, enterprise or business unit assigned to non State-Owned Company, enterprises and institutions, social organizations engaged in public service, and other personnel engaged in public service according to law.
   (4) are deliberately subjective, namely that integrity of their violation of act of duty, but still hope or indulge harm results occur mental state.
Six, case study
   The 30 answer: (1) a acts constitute the crime of robbery. Robbery refers to the illegal possession for the purpose of, on the spot the use of violence, coercion or other means, to capture the behavior of property. A implementation of the "gun" robbing the postal savings business behavior, constitute the crime of robbery.
   (2) a behavior belonging to the attempted robbery. Crime of robbery is committed, committed to the legal consequences if the actual as the basic standard to distinguish the accomplished crime and attempted crime. In this case, robbery crime legal consequences no actual, belonging to the attempted robbery.
   (3) a robbery with a fake gun, do not meet in the crime of robbery "armed robbery" aggravating conditions, so does not affect the sentencing.
   (4) for a should the robbery conviction and sentencing, should consider the following factors: a. a crime under the age of 18, shall be given a lighter or mitigated punishment according to law; B. attempted robbery, can be accomplished crime shall be given a lighter or mitigated punishment;C. A behavior is robbing the behavior of financial institutions, which belongs to the punishment of aggravating robbery.