Six, the harm tax revenue collection crime

(a) tax evasion

1, subject: taxpayers and withholding agents (the provisions of laws, administrative rules and regulations for the units or individuals obligated to pay taxes).

The 2 act: (1), false tax returns or not to declare; (2) fails to pay or underpays tax payable or buckle, paid taxes; (3) pay tax, using false export reports or other fraudulent means, defrauding the tax payment.

3, processing: (1) the continuous behavior: the implementation of tax evasion, untreated, calculated in accordance with the total amount. (2) the act had tax evasion, issued by the tax authorities. Notice in accordance with the law, pay the tax payable, pay a surcharge, has been subject to administrative penalties, shall not be subject to criminal liability; however, the five year internal tax evasion of criminal punishment or by the tax authorities to give                  The administrative punishment, should still be investigated for criminal responsibility.

(two) cheating export drawback

Crime of obtaining export tax drawback, only in the case of no payment of tax can only be set up. Taxpayers pay tax, take false export, deception, defrauding the tax payment, the establishment of the crime of evading taxes. For the cheating tax more than paid, should be determined as the crime of obtaining export tax drawback, the implementation of two crime punishment. Theory is generally believed that this case belongs to the imaginative joinder of offenses, but punishment, it is a special case of legislation.

(three) invoice crime

1, the object of the crime: the special VAT invoice, you can export rebates, tax invoice (criminal law, "the export tax rebate, tax deduction of the other invoice", refers to the addition of special VAT invoices but, with export tax rebates, tax function of payment or tax payment receipts, invoices).

2, the crime of falsely making out, forge, sell,: buy.

The crime of falsely making out invoice number: 3, constitutes a crime, for tax evasion, constitute the tax evasion crime or the crime of defrauding export tax rebates, belong to           In accordance with the provisions of the criminal law, punishment heavier punishment. Forging and selling invoice crime absorption purchase invoice crime.

4, theft, swindle of exclusive value-added tax invoices or other invoices behavior, the act of theft or fraud.

Seven, crimes of infringing on intellectual property rights

(a) the crime of counterfeiting registered trademarks

1, you must use a registered trademark of another person in the same kind of commodities           Trademark. "That same kind of goods", the classification of goods issued by relevant government departments as the standard. "The same" that, with enough for the general consumers mistakenly believe that is the registered trademark as the standard, with others including the registered trademark identical trademark, and although the trademark is not consistent with the others to register, but no difference in the visual trademark.

2, counterfeiting a registered trademark of the production, sales of fake and shoddy goods, production, sales of fake and inferior commodities constitute the crime of counterfeiting registered trademark crime, and imagination is the relationship of crime, from the heavy processing.

(two) the crime of infringement of copyright

1, the criminal law of four species of copyright infringement: (1) without permission from the copyright owner, reproducing and distributing a written work, music, film, television, video works, computer software and other works. Without the permission of the copyright owner, or beyond the scope of the license issuance, copying the works of others, including other communication to the public through the network works. (2) published others enjoy the exclusive rights of books. (3) without audio and video producers to license, copy and distribute the recording. Producers of sound recordings and video recordings, the first producer (4) production, sale of fake others sign art works. Works of fine art, calligraphy, painting, a sculpture and other art works. This behavior does not infringe the copyright is fake, but a violation of another person's right of name and purchasers of property right, closer to the crime of fraud. Even so, lawmakers believe the production, sale of fake others sign art works first violation of the painting and calligraphy market transaction order, in accordance with the crime of infringement of copyright.

2, the crime subjective is deliberately, to          For the purpose of. For teaching, research and other non-profit purpose copying the works of others, do not constitute a crime.

3, a violation of copyright, the illegal income of 30000 yuan or illegal business amount over 50000 yuan or illegal copies of 500 (a) above, constitute this crime.

(three) the crime of infringing trade secrets

1, the behavior object is a commercial secret, unknown to the public, can bring economic benefits to the obligee, technology information and management information and the relevance of human rights to take security measures.

2, act includes the following types: first, by stealing, luring, coercion or by other improper means to obtain commercial secrets; second, disclosure, use or permit others to get people the right to use the means mentioned in the preceding paragraph business secret; third, in violation of the agreement or against the obligee's request of keeping the commercial secrets, disclosure, use or permit others to use the trade secrets of others; fourth, the seller knows or should know the first to the third activities listed, access, use or disclosure of trade secrets of others.Here the "should know", does not mean that the subjective aspect of this crime is negligence, but only constructive action already know.

Eight, crimes of disrupting market order

(a) the contract fraud crime

Distinguish contract fraud and fraud is not simply to have no contract as the standard. The crime of contract fraud in the "contract" is not limited to the written contract, including oral contract, but the contents of the contract, should be limited to            The text content of the contract, namely is to obtain profits through market behavior, which is decided by the nature of the. For the same reason, at least the other party is engaged in business activities of the main body of the market, otherwise it will be difficult to recognize for the crime of contract fraud.

(two) the illegal business crime

According to the legislation and the judicial interpretation of the crime of illegal business operation, the content of the specific, to present the following behavior was identified as the crime of illegal business operation: illegal buying and selling foreign exchange, sold for the purpose of purchase behavior set up this crime;Illegal publicationsIllegal operation of telecommunications services; add; clenbuterol hydrochloride in production, sales of feed ban on the use of animal feed or drinking water or knowingly sells drugs, with the drugs feed; illegal production, transportation, sales of salt, disturb the market order, the circumstances are serious; violation of the regulations of the state during the prevention control of infectious diseases, such as disaster related business, market price management, drive up prices, profiteering, seriously disrupted the market order;In violation of state regulations, arbitrarily set up internet service sites, or engages in the business activities of Internet access services, if the circumstances are serious; without state approval, unauthorized issuance of lottery sales, constitute a crime; without the approval of relevant departments of the state, illegal operation of securities, futures and insurance business, or illegally engaging in fund payment and settlement business.

(three) the crime of forced transaction

The key is how to distinguish and robbery. The law is voluntary, equality and fair market order, and robbery of the legal interest is the property and personal rights. First of all, since the crime of disrupting the market order of the crime, the crime only can occur in business or trade activities. In other words, if the principal business activities often, or whether the commercial profit for the students, affect the judgment of crime of forced transaction is established or not. Secondly, the violence, the content and extent of stress should be   The crime of robbery. The violent content shall not exceed the injured degree (or incongruous with the crime of intentional injury), violence, coercion degree not to blackmail and impose exactions on robbery and the degree of. Finally, although this crime may be forcing others to unfair price the sale of goods, provide or accept services, but here the "unfair price" can only            Open price. If the violence, coercion as a means to commodity trading, as an excuse to infringement of property, should be regarded as the crime of robbery or blackmail and impose exactions on etc..

Topic walkthrough:

1, February 22, 2004 22 am, Zhang took his colleagues Wang unprepared, from the bag stolen a bank debit card and ID card, card has 7000 yuan. After coming home, Zhang told her husband, said she picked up a bank debit card and ID card. Second days, a road and Zhang together in ATM based on the identity card numbers to try out the password money, and take out 5000 yuan.

2, which of the following statements is true?

A. deliberately falsified (or altered) "the wrong version of" yuan, not to set up the crime of counterfeiting currency

B. will be caught in the middle as newspapers such as counterfeit counterfeit sold to others, the establishment of the crime of fraud

C. through the ATM machine will be counterfeit money deposited in the bank, and then remove the real money from the ATM machine, the establishment of the crime of fraud

D. uses altered currency, set up the crime of using counterfeit money

A painting of 3, Zhao repeatedly copying a well-known Chinese painting master, and Department of the Chinese painting master name with forged seal, that genuine realize income sixty thousand yuan. On Zhao's behavior to be punished?

A. according to the crime of fraud and the crime of copyright infringement, the combined punishment for several crimes B. according to violate copyright crime punishment

C. according to production, sales and shoddy products crimes         D. according to the illegal business crime punishment

4, a will own a car to hide, that claim to the insurance company to the car is stolen. The insurance company that the case suspicious, immediately to the police. In the mastery of sufficient evidence, the investigation organ for insurance company to a "claims". A to the insurance company two, financial room receive 200000 yuan compensation, just as he reached the first floor is for many investigators arrested. About a behavior, which of the following statements are true?

A. insurance fraud crime of insurance fraud crime attempted B.

The crime of insurance fraud for C.   D. contract fraud

5, Liu specializes in bulk wine sale, supply for the rural canteen. Liu from others that produce a Village Winery bulk wine low prices, though mixed with small amount of toxic substances, but not fatal, and a large number of purchase and resale to much home sold in the canteen, results in many drinkers to poisoning or even blindness. Which of the following statements is true?

The person directly responsible drinkers poisoning caused by A. is a Village Winery, should be in the production and sale of poisonous and harmful food, shall be prosecuted for criminal responsibility; Liu unclear toxic components of wine, can not bear criminal responsibility

B. on Liu should be in the production and sale of poisonous and harmful food, shall be investigated for criminal responsibility

C. ought to constitute crimes and concurrently be sentenced to a fine or confiscation of property

D. Village Winery and Liu joint crime

The fifth chapter encroaches upon the citizen personal rights, democratic rights of crime

A violation of life, health, crime

(a) the crime of intentional homicide

The basic content of 1, the crime of intentional homicide

The crime of intentional homicide, refers to the general subject to an illegal ahead of the others of the time of death.

The behavioral object as "others", human life, begins at birth, and finally death.

The content of the act as illegal deprivation of life, a variety of ways, can be as, can also be not as; can be physical, can also be a psychological approach

2 qualitative, Dutch act related behavior

(1) abet or help others Dutch act

The Dutch act: the victim does not Dutch act of Italy, the behavior induced by the initiation Dutch act meaning and Dutch act.

Because Dutch act does not constitute a crime, so it is difficult to instigate or assist a crime. But if the instigator of deception or force produced indirect effect, is set up the crime of intentional homicide. Such as the instigator of deception or force produced indirect effect, is set up the crime of intentional homicide.

Help Dutch act: the victim has been Dutch act, act only came to be the spiritual power to toughen its Dutch act intention, or to give material aid.

Help others Dutch act, can not be considered to be the murderer to help offenders. As with the Dutch act of indirect principal offender, if reached the degree of help, in accordance with the indirect principal offender treatment of intentional homicide, otherwise innocent.

(2)  have the victim's commitment and kill, in such a case, commitment is invalid.

(3). In Dutch act: meet Dutch act, that it is Dutch act, their implementation Dutch act act. At this point do not bear criminal responsibility.

(two) the crime of abandonment

The basic content of 1, the crime of abandonment

Objective elements of performance, for the old, sick or any other person who cannot live independently, have the obligation to support. Have a duty to rescue and salvage ability, without assistance without self-help ability person. Source of duty is not limited to the provisions of family law, including the occupation, legal behavior and antecedent actions based on duty. Such as raising to the old orphanage orphan support obligations, pension obligations. For serious drunk, because of drug and the lack of ability to live of the person, also belong to the object should be rescued. The establishment of this crime also requires the vile.

The subjective intent, namely, knowing that their actions would make the old, young, sick or other no ability to live independently of human life, the body is in danger, and wishes or allows the dangerous state.

2, the crime of abandonment and not as the difference between the crime of intentional homicide

The crime of abandonment is to protect life interests and life interests, intentional homicide crime protection, the former is behavioral offense, the latter is the result of crime. The abandonment crime and punishment is the dangerous abandoned, this dangerous behavior might lead to death, may also lead to other bad living environment until death, is to create a risk.

The abandonment crime and not as essential distinction between intentional homicide, in the objective performance for the life threat is urgent, the right to life as the dependence on the strength behavior, that is to say the life can continue, if dependence strong, there will be direct infringement of the right to life threatening, it is a Murderer crime; if the dependence is very weak, it is just a threat far away from death, this is the crime of abandonment.

(three) the crime of intentional injury

1, the objective aspect

Others object to behavior, does not constitute the crime of intentional injury. The destruction of the bodies and harm the fetus, will not constitute the crime of intentional injury. The behavior has diversity, can be as, can also be not as; can be tangible, can also be intangible ways, such as through the other infectious diseases, or intimidate others leads to mental disorders. The crime of intentional injury results contain light damage, injury and death (the aggravated consequential offence cases). Evaluation of the content of slight injury does not belong to this crime.

2, the subjective aspect

The establishment of the crime of intentional injury act with intent to injury, the injury result with understanding and hopefully or laissez faire attitude. If only has beaten the intention, just hope or indulge cause physical pain victim temporary or minor nerve stimulation, it can not be identified deliberately hurt. If the minor assault causing death, also cannot be established the crime of intentional homicide, but should be               Sin.

If people have been hurt intentionally, no matter is the result of injuries or serious injury, all belong to the category of behavior intentionally. So the behavior person to harm his will to the victim to what degree of injury without clear understanding, according to the results to identify. Minor injuries, according to the results of minor injuries; constitutes a serious injury, in accordance with the serious results.

3, the aggregated consequential offense

(1) according to the theory of aggregated consequential offense, the perpetrators harm behavior, at least negligence on the death of the victim, to the crime of intentional injury, it can only be negligent. In the result of death is a deliberate case, should be dealt with in accordance with the crime of intentional homicide; in the absence of the death awareness of the possibility, belongs to the accident, behavior person liable only for harm result.

(2) in the fight against the wrong circumstances, still can set up the crime of intentional injury of the aggregated consequential offense. If the person who knowingly combat armor can damage caused b b, eventually death, set up the crime of intentional injury of the aggregated consequential offense; behavior, people blow A due to fight against B and error caused the death, also set up the crime of intentional injury of the aggregated consequential offense.

(3) may establish a joint crime of intentional injury crime, the aggravated results also bear the responsibility of joint negligence.

(four) the crime of Affray

1, the basic content

The crime is the necessary accomplice. (1) "in:" is a behavior of both sides, so participants for many people, but does not require the parties in more than three people. But as a man, for the other people, should be defined as the crime of intentional injury. (2) "fight": fighting is a light attack.

2, the legal fiction

The crime of affray causing serious injury, death, whether intentional or negligent, directly caused the death of the fighters into the crime of intentional injury or intentional homicide. The primary molecular assume full responsibility, including the members of the injuries, death and bear the responsibility, but also into the crime of intentional injury or intentional homicide.

Two, violation of women's, children's physical and mental health of crime

(a) the crime of rape

1, the nature of crime of rape: violation of women's will.

2, the object of crime: women and young girls. The boundaries of women and young girls in criminal law is limited to 14 years of age.

3, behavior

"Violence, coercion or other means:" violence, coercion must make women obviously difficult to resist. "Other means" refers to the same with the former is enforceable means means.

Violence, coercion, other means must be directly to the murdered woman. If violence is to prevent its implementation of the rape behavior of the third, an independent crime of intentional injury, intentional homicide.

4, the subject of crime

Men, women can constitute this crime. China criminal law the husband does not constitute the crime alone crime, but can constitute accomplice and indirect principal offender.

5, the legal punishment upgraded conditions

(1) "the rape of women, having sexual intercourse with a minor plot bad": the range, scope of the discretion of judge.

(2) "the rape of women, having sexual intercourse with a minor people": refers to more than 3 people, including 3 people. But for the interval of rape and no time limit.

(3) "the rape of women in public places and public:" aggravated offense by circumstances, there are two scenarios: the first scenario is the "public place", the second episode is "public". Two plots are indispensable.

(4) "more than two gang rape": more than two people have subjective          Objective to seduce women, in turn, and whether the establishment of joint crime has nothing to do.

(5) "the victim injuries, death or other serious consequences:" the aggravated consequential offence, requirement between rape and serious consequences are                  , contains no causal relationship indirectly.

(two) the coercive indecency, insulting women sin

1, the subject is a general subject

        Also can become the subject of crime. This crime and the crime of rape is different, for the crime of rape, full 14 years of non husband for both men and women can constitute this crime; for the forced obscene, insulting women sin, whether men, women can constitute this crime, but under 16 years of age can not constitute the crime of. The husband does not constitute the crime of rape committed wife alone, but the husband to his wife but can constitute the coercive indecency, insult women crime, of course premise is her husband's behavior seriously violates the wife's sexual shame psychology, such as a wife rape etc..

2, the content of the act is the coercive indecency, humiliating women.

"Obscene" refers to the subjective in order to meet the behavior of human sexuality, objectively to tempt others sexual behavior. Obscene and insulting is no essential difference between the both, which infringe women's sexual shame behavior. And the crime of insulting is phase difference, insult sin is a violation of the right of reputation, while the coercive indecency, insulting women sin is a violation of sexual shame, imaginative joinder may occurs between the two.

"Forced" to resort to violence, coercion or other means, to suppress the revolt, quite and rape means. The victim can't resist mandatory lewd, belong to "other means" of the crime, also according to treatment.

3, the behavior object is women

If the coercive indecency man, does not constitute the crime, may constitute a crime of illegal detention. Forced child molestation, constitute the crime of child molestation.

4, death, the establishment of the imaginative joinder of offenses

Three, violations of personal freedom of criminal

(a) the crime of illegal detention

1, the behavior object for others

The scope of "others" is not defined, but must be a natural person with physical activity and freedom, and realize he was deprived of his liberty facts. Freedom of movement and understand from two angles: first, others want to move, do not let him move. Second, others do not want to move, not let him move.

2, behavior including tangible, intangible way

The behavior of a variety of ways, both tangible way, there is also invisible way, both as a way of, also has not as a way of. Tangible way, a tangible violence refers to the external, rope, fist, sticks are tangible violence. Invisible violence, such as take women victims of clothes, which based on the shame to leave, or by threatening to allow victims to leave a particular area. Can also take the deception of the illegal deprivation of freedom of action.

3, the crime of illegal detention punishment

(1) the aggravated consequential offence

According to the provisions of the criminal law, the crime of illegal detention behavior, causing serious injury, 3 years and 10 years in prison, death, more than 10 years in prison. Belongs to the crime of illegal detention of aggregated consequential offense. Here the "causing serious injury, death" must be          People injured or death, do not contain deliberately. If it is deliberately causing serious injury, death, set up directly                           .

(2) the legal fiction (conversion)

In the process of illegal detention, violence cause disability or death, shall be punished in accordance with the "criminal law" article 234Th of the crime of intentional injury, intentional homicide regulations 232nd. Here the "cause" and "in front of the aggravated consequential offence" wounded "cause" of different, in front of the "cause" contains only the fault, caused by the people here includes negligence, also includes deliberate.Here the "violence" refers toThe implementation of the above illegal detention necessary violence.

4, the difference between the crime of illegal detention and kidnapping

The essential difference between the two is that kidnapping crime has illegal extortion purposes or other purposes, the crime of illegal detention without this objective. In detention for debts of others, made special provisions of criminal law, namely the creditors (and other people to the interests of the creditors) for repayment of the debt (including illegal debt) and the detention of a person (including the debtor and their close relatives), set up                   .

(two) the crime of kidnapping

1, the crime of kidnapping

Kidnapping is directly controls the compulsory in human behavior under. For the lack of or incapacitated victim, dominating take theft way that it is behavior person or third person strength under, also set up the crime of kidnapping. As for extortion of money, stealing a baby.

The subjective behavior to infringe upon the physical safety and freedom of action results, take hope or laissez faire attitude. And with the use of the kidnapped person close relatives or other people to the kidnapped person safety concerns. If people have this sense, even if the objective is not to inform the victim's close relatives, also do not affect the establishment of this crime. But if the behavioral person does not have this meaning of the word, in order to control the strength, let the victim was hidden control the truth to the relatives ask for money, or directly to the kidnapped person for property, not to set up the crime of kidnapping, robbery and the establishment of. The kidnapping crime is the legal purpose crimes, act with extortion or meet other requirements of the purpose of illegal. If people act to control others, without any specific purpose, may according to the circumstances as the crime of illegal detention.

2, the crime of kidnapping "causing death to the kidnapped person" and "kill the kidnapped person" understanding

(1) "causing the death of the hostage kidnapping" belongs to the aggregated consequential offense, limited to the kidnapping and death caused by negligence, it has a direct causal relationship between the requirements of kidnapping and result of death. As a kidnapping for extortion in the B, B, throw cigarette butts to fire on the ground, B were burned to death. A behavior does not belong to the kidnapping and killing people, should set up the crime of kidnapping and                       Combined punishment for several crimes.

(2) "kill the kidnapped person" refers to after the kidnapping murder. Here belongs to the common crime of kidnapping with the stipulation of the crime of intentional homicide, similar with Japan in the criminal law crime.

(three), the crime of abducting and trafficking in women and children

1, the behavior object only women and children. In the full 14 years of age for men, do not set up this crime with other crimes, such as the crime of illegal detention, in accordance with the other crime. Sold under the age of 14 biological children, for the child's, also in accordance with the crime of trafficking in women and children, to identify.

2, for the kidnapping, kidnapping behavior, buy, sell, transfer, transfer women, children. This crime is the behavior of crime, as long as the acts constitute the crime, the victim does not need to sell is accomplished. If the act of abducting, kidnapping, to sell and buy behavior, as long as the implementation of such a behavior, constitute this crime. At the same time the implementation of these actions, or both the trafficking of women, and trafficking of children, because of selective accusations, just set up this crime one crime, not a combined punishment for several crimes.

3, the crime are women, children's freedom of the person of crime, if the women "s commitment, on the illegality is behavior, does not constitute a crime. Sale of children, even for children's consent is of no significance, children's commitment is invalid.

4, this crime is the crime with purpose, act in the implementation of the above acts for the purpose of selling the victim. Selling purposes is not equal to the profit, in order to retaliate and trafficking in women, children, also set up this crime.

5, the trafficking of children and women, causing abducted women, children or their relatives serious injury, death or other serious consequences, the punishment to the crime of upgraded one of the conditions. Here the "cause" refers to the trafficking negligence of trafficked women, children or relatives of the serious injury, death or other serious consequences of. In the process of trafficking in women and children, if deliberately hurt women, children, in accordance with the trafficking of women, children and the crime of intentional homicide or intentionally injuring crimes.

6, women, children will be sold to overseas, including foreign, including Hong Kong and macao.

(four) buying abducted women and children, the crime

1, the behavior object is abducted women, children. If the person is not stolen, bought the act does not constitute a crime. The basic characteristics of the women, children bought as a commodity to buy, so different from the adoption.

2, if those buying abducted women, forced sexual relations, the establishment of the crime of rape; if the deprivation of their liberty, the establishment of the crime of illegal detention; if the crime of intentional injury to the establishment of the crime of intentional injury, insult; the establishment of the crime of insulting; behavior, such constitute the crime, and paid for the trafficking of women and children, the crime.

3, those buying abducted women and children, in accordance with the trafficked women will not hinder the returning to their original residence, abducted children do not abuse behavior, not hinder to rescue them, can not be investigated for criminal responsibility. Need to pay attention to is the "can not be investigated for criminal responsibility", instead of "should", "can not" shall be investigated for criminal responsibility means can also be. "Criminal liability" refers to the buying behavior of criminal responsibility. If a bought a woman, on the implementation of the illegal detention, insult, injury, rape, let the woman, in this case is also considered not to hinder its return to the original place of residence. The criminal law is just to buy behavior can not be investigated for criminal responsibility, still have to implement the punishment for other behavior.

(five) crime of false accusation

Others are 1, object of action, so the virtual tell yourself (self accusation) crime does not constitute the crime, the object the same false must be specific, and cannot be empty of people. False accusation of unit crime, because the process of unit crime is the criminal responsibility of natural persons, so can constitute the crime of false accusation. False under the age of 14, due to not subject to criminal investigation, so do not set up this crime.

2, the behavior can be spontaneously falsely accused, also in the judicial organs of investigation and evidence collection, making false statements, of course, at this time also possible perjury.

3, the subjective aspect is intentional, and is a legal purpose crimes, with the others subjected to criminal. Criminal investigation including criminal investigation, trial and the criminal responsibility.

(six) crime of kidnapping children

The law is a minor personal liberty and security of person, therefore, the guardian can also set up the crime of complicity.

Crime of kidnapping children although used the word of kidnapping, but it contains a crutch, cheat, steal, also contains the robbery of the children.

 

Subject practice:

1 weeks and have a song. Because the song's high Ma, Zhou estimates his opponent is not, then asked Huang to revenge, with Huang agreed "don't hit the human, not with a knife. A light some, frighten him ". The next evening, Zhou and Huang found song, Zhou is rushed forward, clinging song, and motioned Huang forward playing song. Huang is took out a prepared dagger, continuously toward the song a chest stabbed 3 knife. The song immediately fell to the ground dead. How to identify the case?

2.2003 years later in May 14th, Lee (crime when he was under the age of 14, under 16 years of age) with the village Zhang, Xiemou (the two people under 14 years of age), in a rented house in the village of Zhao met in this play the victim Yang (female, under 14 years of age). Rape Li Mou, Xie Mou of colluding with Zhang Yang, two of whom hold Yang arm, each person has forced and Yang has sexual relations. Lee is gang rape legal punishment?

The 3 defendants a for B for outstanding, then to B C C brother home, the 4 year old son off to a mountainous area of the sister, called C, let it take 50000 yuan in cash to the county train station a bridgehead for the people, otherwise the child will push to the bridge, and threatened no alarm. According to the judicial interpretation, whether to constitute the crime of kidnapping?

A 4 suspect Lee, as a result of gambling owe usury, is also this, Lee has kidnapped daughter quiet way, 30000 to his wife, Wang Mou to extort money element. In October 15, 2001, Lee to find another suspect Liu, CO organized the kidnapping process. The next day around 6 pm, Lee will still hold out from the mother-in-law home, to his mistress, under the public security organs questioned encounter situation, will be transferred to the mistress home daughter. Whether Lee acts constitute the crime of kidnapping?

5 a pretend to consult with Otome, cheat C property, in order to sell B as B agree, and agreed to buy B after C, armor in the night will b rescued. But a really intended to be sold to obtain propylene ethylene, the delivery of the property after the rescue B not agreed. If the act constitutes a crime of abducting and trafficking in women? C whether acts constitute selling abducted women crime?

A 6 driving faults down others, in other people's request, stopped a taxi, the taxi driver to assist the victims request B rushed to hospital. Go to the hospital on the way, a lied to buy cigarettes to the doctor and took the opportunity to escape. B sees a escape, in driving on the way to the victim out of a taxi, not to the hospital, the victim died due to excessive blood loss.

7, the following statements is not true ( ).

A, a is to B for usury, illegal detention will b in a vacant room, from second wife for debt, and that if you don't pay the debt, will b killed. A behavior set up the crime of kidnapping

B, a female to male and sexual relationship with B, but used condoms as a premise, B male violence, coercion means not to use condoms and B sex, B men constitute the crime of rape

C, Ma Mou for extortion Kwak after the kidnapping, the Guo family alarm after receiving blackmail phone, Ma Mou to kill Guo mou. A horse with a rope will after the death of Guo Moule, the Guo a throw in the wild. But in fact, Guo Mou has not been strangled, after the rescue life was not in danger. The horse a behavior of sentencing should apply of kidnapping and killing the kidnapped person

D, female candidates ask the examiner to take care of, the examiner said: "if I do not have relations, will not give you pass." The examiner can constitute the crime of rape