1Not as a concept and the circumstances of a crime.

Answer: not as, refers to the act to fulfil and negative not implementing legal requirements or expectations duty behavior, i.e. when is not. It must have the following three conditions: (1) the behavior person has some positive act. (2) the act had actually may perform specific obligations of non performance. (3) the behavior person fails to perform the obligations are not as, violated the object protected by criminal law, meet the statutory crime.

2The concept of criminal responsibility. The provisions of the criminal law of China and of the ability of criminal responsibility.

Answer: the capacity of criminal responsibility, is the ability to recognize his own conduct social nature person has and to control their behavior, including identification and control ability. China's criminal law made specific provisions in the following aspects: the ability of criminal responsibility (1) 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. 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. (2) an intoxicated person who commits a crime, he shall bear criminal responsibility. (3) deaf mute or blind person who commits a crime may be reduced or exempted.

Unit second

1Characteristics and the punishment of attempted crime.

Answer: the attempted crime three characteristics: (1) have begun to implement the crime. (2) the uncompleted crime. (3) the uncompleted crime is due to reasons other than the will of the criminal element. According to the provisions of the second paragraph of article twenty-third, attempts to commit, can be accomplished crime shall be given a lighter or mitigated punishment.

2The establishment of conditions and the instigator of punishment.

Answer: the constitution of this crime, should have the following two basic conditions: (1) the perpetrators have abetting the crime objective; (2) the act had deliberately abetting the crime in the subjective. According to the provisions of article twenty-ninth of the criminal law, the instigator of punishment should distinguish the following three cases: (1) abetting a crime, according to the role he plays in the joint crime punishment; (2) abetting under the age of 18 crime, shall be given a heavier punishment; (3) if the instigated person does not commit the instigated crime, the instigator, may be given a lighter or mitigated. The criminal theory called the attempted instigation.

Unit third

1Conditions for establishment of the general recidivism.

A: the general recidivism constitute conditions are: (1) before and after the crime crime is intentional crime; (2) before was sentenced to punishment and the crime shall be sentenced to punishment are in prison; (3) after the crime occurred before the crime, the punishment has been completely executed or pardon after 5 years.

2The special voluntary surrender conditions. Answer: the following special voluntary surrender conditions: (1) the subject of special voluntary surrender must have been coercive measures of criminal suspects, defendants and criminals serving sentences. (2) the confession of the other his crimes. Relative to the outside has been seized of the crime of crimes. (3) the confession of crimes by judicial organs must not found.

Unit fourth

1A description of China's criminal law provisions on several rules to determine the relative legal punishment.

Answer: our country criminal law provisions to determine the relative legal punishment provisions: (1) only provides maximum statutory penalty, the minimum is determined according to the provisions of the general provisions; (2) only provides the minimum statutory penalty, maximum limit according to the general provisions; (3) at the same time. The maximum statutory penalty and the minimum; (4) the provisions of more than two kinds of punishment or the provisions of more than two kinds of punishment and the provisions of additional punishment, punishment in this is referred to as the choice of legal punishment; (5) shall be punished for a crime reference to other crime legal punishment, punishment called quoted legal punishment.

2This paper briefly describes the concept of crime of causing traffic casualties and the field characteristics.

Answer:Traffic accident crime, is refers to the violation of the traffic regulations, so the occurrence of major accidents, causing serious injury, death or causes heavy losses of public or private property act. The crime constitution characteristic is: (1) the object is the transportation safety. (2) the objective aspect of the performance, in violation of the traffic regulations, so the occurrence of major accidents, causing serious injury, death or causes heavy losses of public or private property act. (3) in general are the main subjects, such as transportation, can also be other people. (4) the subjective aspect of negligence.

Unit fifth

1Introduces the concept of crime of evading taxes and the composition characteristics.

Answer:Tax evasion, is refers to the taxpayer, withholding agent violates the national tax collection and management law, adopted forge, alter, conceal, 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 returns and other means, not to pay or pay less tax payable, or fails to pay or underpays tax deduction, has received a large amount of, or if there are other serious circumstances of the act. Its features are: (1) the object is the national tax revenue collection system. (2) the actor takes the 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 filing false tax returns, fails to pay or underpays tax payable tax amount, the tax payable shall be accounted for the. (3) subject is a special subject, namely the taxpayers, withholding agents. (4) are deliberately subjective.

2The concept of contract fraud and composition.

Answer:Refers to the illegal possession for the purpose, in the process of signing and fulfilling the contract, fictional facts or conceal the truth, for the other party's property, large amount of behavior. The crime constitution features are as follows: (1) the object is the honesty and credit market order and contract the other party's public and private property ownership. (2) the objective aspect of the performance in the process of signing and fulfilling the contract, for the other party's property, large amount of behavior. (3) subject is the natural person and unit. (4) intentionally, with the purpose of illegal possession.

Unit Sixth

1The concept of crime of false accusation against a.

Answer: the crime of false accusation refers to fabricate criminal facts, makes a false report to state organs or units and their staff, attempt to subject others to criminal investigation, if the circumstances are serious behavior. The crime constitution characteristic is:

(1) the object includes the personal rights of citizens, including the normal activities of the judiciary.

(2) the performance objective for the fabrication of others to the crime, make a false report to state organs and their staff, serious behavior. (3) is a natural person subject general subject. (4) intentionally, and with the intention of making others to criminal.

2This paper briefly describes the concept and constitutive characteristics of the crime of Embezzlement.

Answer: the crime of duty encroachment, refers to a company, enterprise or other unit who take advantage of their office, the property unit for himself, a larger amount of behavior. The characteristics of this crime is constituted:

(1) the object is the company, enterprise or other unit of property ownership. (2) the objective aspect of the performance of using the convenience of duty, the unit's property for himself and a larger amount of behavior. (3) subject is a special subject of natural person, namely the company, enterprise or any other unit in the non national staff. (4) are deliberately subjective, and has the purpose of illegal possession of the property.

Unit seventh

1Destroying computer system introduces the concept and constitutive characteristics of the crime.

Answer:The crime of destroying computer information system, is a violation of the provisions of the state, the functions of a computer information system and information system in storage, processing, data and application of transmission failure, resulting in the computer information system can not operate normally, if the consequences are serious behavior. Structure character of the crime is:

(1) the object is the state of the computer information system safety management order and state organs, enterprises, companies, institutions, people's organizations and citizens of the legitimate rights and interests of computer information system.

(2) the objective aspects are as follows: ① in violation of state regulations, use the delete, modify, add, interference technique, resulting in the computer information system can not operate normally, if the consequences are serious; the violation of the provisions of the state, the computer information system in storage, processing, data and application of transmission, modify, add delete operation, if the consequences are serious; the production, dissemination of computer viruses and other destructive procedures, affecting the normal operation of the computer system, if the consequences are serious. The perpetrator's behavior is one of three kinds of causing serious consequences, can constitute a crime.

(3) is a natural person subject general subject.

(4) are deliberately subjective.

2The concept and constitutive characteristics of the crime of corruption.

Answer: the crime of corruption is refers to the country staff or 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 public property act. Constitution characteristic is:

(1) the object is a complex object, is a violation of the national office staff integrity, but also a violation of the ownership of public property.

(2) the objective is behavior person to take advantage of their office to misappropriate, steal, cheat, or by other means of illegal possession of public property act.

(3) the subject of this crime is a special subject, or national staff and by state organs, State-Owned Company, enterprises and institutions, people's organizations entrusted management, management of state-owned property.

(4) are deliberately subjective, and has the purpose of illegal possession of public property.

 

Introduction to the "criminal law" questions

The first unit

1Based on the principle of legality and function

Answer: the principle of legality is the meaning of behavior nullum crimen sine lege, nulla poena sine lege. The crime punishment legal principle first began in the 1215 British Magna Carta, is a product of the bourgeoisie against the feudal judicial punishment discretionary principle, is the guarantee of human rights, the widely recognized all over the world countries maintain the important principles of the rule of law.

From the thought origin, thought origin of the principle of legality is the political theory of the separation of the three powers, the thought of the natural law and the theory of psychological compulsion. At present, many western countries to explain the theoretical basis of the principle of a legally prescribed punishment for freedom, democracy, human rights theory. The provisions of our constitution "of the people's Republic of China belongs to the people" embodies China's criminal law principle of legality foundation. In our country, the legal principle of crime and punishment has not only protect the innocent be punished and the people's legal rights are not infringed human rights guarantee function, but also has the punishment of crime, social protection function to protect society from crime. The legality of the human rights protection function is realized by the principle of legality is negative, the social protection function is realized by the principle of legality positive.

Unit second,

The principle of punishment of implicated offender characteristics

Answer:The 1 implicated offense, refers to a crime for the purpose of the implementation of the act, and the means to act or result behavior crime respectively different crimes. The 2 implicated offense has characteristics as follows: (1) for a criminal purpose; (2) the implementation of a number of independent criminal behavior, and violates different charges; (3) implicated relationship among several activities. The implicated relation behavior implicated relationship and cause and effect relationship including means behavior and purpose behavior two. The principle of punishment 3 of implicated offender:

The law expressly sentencing convicted according to the provisions of the criminal law; criminal law does not expressly, implicated offense to a felony punishment principle.

Unit third

Discuss the general provisions of Chinese criminal code restrictions on the scope of application of death penalty.

AnswerMethod: death is the penalty of depriving the criminal's life, is the penalty punishment system, our party and the country has consistently adhered to the less kill, prevent wrong to kill, the death penalty strictly limited. China's criminal law has made many restrictions on the scope of application of death penalty.

1The provisions the death penalty criminals to the most serious crimes, the crime behavior of interests of the country and the people especially serious consequences, extremely cruel means, the circumstances are particularly bad, the actor has danger extremely serious case of.

 2When when he committed the crime under the age of 18 and Trial Provisions pregnant women, do not apply the death penalty, not including the death penalty was suspended for 2 years, but does not allow the offenders aged 18 years later or for pregnant women after childbirth or abortion after the implementation of the death penalty.

3．Set apart by the Supreme People's court in accordance with the law, should be submitted to the approval of the Supreme People's court. Death sentence with a reprieve, may be decided or approved by a higher people's court.

4The provisions for the criminals 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. Criminals sentenced to death with a reprieve of 2 years, as long as the reprieve period if not intentional crime, can the commutation. Specifically, in the period of reprieve if not intentional crime, after a period of 2 years, reduced to prison; in the two-year stay of execution period if there is major meritorious service, after 2 years, reduced to serve the people 5 to 20 years in prison.

Unit fourth

On.The concept and characteristics of endangering public security.

Answer:The crime of endangering public safety, is deliberately or negligently endanger the majority not specific to the life, health, safety and major public and private property and other major public interests and security act.

The crime of endangering public safety has the following main features:

(1) the object is public safety. The so-called public safety, is that most people do not specific to the life, health, safety and major public and private property and other major public interests and security. The so-called "uncertain", refers to the crime is not directed at a certain, certain people or a specific property, the violation object and harm result can not be determined in advance, people are both There's no telling, is also difficult to control, the actual harm results with serious and widespread quite the. No specific is a kind of objective, not subjective to determine whether the violation object transfer.

(2) the subject of crime in most for the general subject, a few special subject. (3) the objective aspect of crime shows, the perpetrators have not specific most people's life, health, safety and major public and private property and other major public interests and security act.

(4) the crime subjective aspect, both intentional and also has the fault.

Unit fifth

And that which discuss the producing, selling fake or substandard products.

 Answer:1, production, selling fake or substandard products, refers to the producers, sellers in adulterates products, fake, shoddy, or with unqualified products as qualified products, sales amount of 50000 yuan of above behavior.

Part 2 characteristics: (1) the object of this crime is the product quality management order and the legitimate rights and interests of consumers. (2) objective performance for doping, in product, adulteration, yijiachongzhen, prices or with unqualified products as qualified products. (3) subject includes natural person and. (4) the subjective aspect is intentional, usually for the purpose of profit.

 The qualification of the 3 production, selling fake or substandard products. (1) attempted crime. Fake and inferior products did not sell, value reached the sales amount of article 140th of the criminal law is more than 3 times, in the production, selling fake or substandard products (attempted) convicted and punished. (2) the number of crimes. The production, selling fake or substandard products and sales of other production, specific and shoddy goods crime form the general and special concurrence relationship. > 149th rules, listed products production, sales of 141st to 148th, do not constitute the provisions of the crime, but the sales in the amount of 50000 yuan, to production, sales and shoddy products be convicted and punished; listed products production, sales of 141st to 148th, each provisions of the crime, and constitute the production, selling fake or substandard products, in accordance with the provisions of punishment heavier punishment.

Unit Sixth

Characteristics and identification of the crime of robbery.   

Answer:Robbery refers to the illegal possession for the purpose of, on the spot to violence, coercion or other methods so that others can not resist, forced to plunder property behavior. Features.

 (1) the object includes both public and private ownership of property and personal rights of citizens. (2) the objective aspect of the performance on the spot to violence, coercion or other means, so that all the people, public and private property custodian or holders can not resist, forcing it to hand over property or property act immediately. (3) subject is at least 14 years of the implementation of this crime shall bear criminal responsibility. (4) intentionally, and illegal possession of public or private property. Attention should be paid to its definition:

(1) determination of the crime of transformed robbery. The provisions of the criminal law, criminal fraud, theft, robbery, for booty, have refused to arrest or destroy criminal evidence and on the spot the use of violence or threats of violence, in accordance with the provisions of the crime of robbery conviction and punishment. The establishment must meet three conditions: first, the behavior must first implementation of theft, fraud, plunder, which is the precondition for transformation. Second. To be on the spot the use of violence or threats of violence, this is the time of transformation and methods. Third, the use of violence or threats of violence in order to conceal booty, resist arrest or destroy criminal evidence, this is the objective of transforming condition. According to the criminal law 267th stipulation, behavior person carry guns, explosives, knives and other personal portable devices banned grab, or in order to commit the crime and carry other instruments on him, in accordance with the robbery conviction and punishment.

(2) and the limits of the crime of intentional homicide. Human behavior to plunder property and premeditated murder, or in the robbing of the victim, as the uniform resistance of intentional homicide or deaths caused by negligence, convicted and punished for robbery; robbery behavior, to kill and murder, with conviction, robbery and intentional homicide and combined punishment for several crimes of intentional; after killing the lead away the sheep by the way take property, if the amount is large, in the murder and theft crimes.

(3) limits and kidnapping. In the aspect of object. The major object of this crime is property ownership, including personal safety; the main object of the crime of kidnapping is the personal liberty of others. In the objective aspect. The objective aspect of this crime is on the spot to violence, coercion or other methods. The behavior of property; the objective aspects of kidnapping for violence, coercion or by any other means the behavior of others. The emphasis on the spot of the crime of kidnapping; take the money of the time, the place does not have this limitation.

In the subjective aspect. It has the purpose of illegal possession of private property; the crime of kidnapping is extortion or obtain other illegal profit objective.

Unit seventh

A feature of the crime of embezzlement of public funds and confirmation.

Answer: the crime of misappropriating 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 activities, or larger amount of misappropriation of public funds, more than 3 months without further action.

1．The characteristics of this crime is constituted:

1.The object is a complex object, namely the country staff duty behavior clean, the national financial management system and the right to the use of public funds.

2.The objective aspect of the performance of using the convenience of duty, misappropriation of public funds to engage in 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. The embezzlement of public funds include the following three types:

One is theIllegal activity type, namely the behavior of embezzlement of public funds for personal use, illegal activities, such as smuggling, drug trafficking, gambling. The crime of misappropriating public funds, not to large amount as the standard, nor diverted time requirements.

TwoIllegal profit type, namely the behavior of larger amount of misappropriation of public funds, for-profit activities. The embezzlement crime, there is a relatively large amount of requirements, generally refers to the embezzlement of public funds in 10000 ~ 30000 yuan of above, but no time requirements.

ThreeOther types, namely the act of embezzlement of public funds for personal use, larger, more than 3 months without further. If the amount is relatively large, and the time for more than 3 months.

3.The subject is a special subject, or national staff.

4.The subjective aspect is deliberately, knowing that is intended to be public funds in violation of the relevant provisions of the, the purpose is to obtain the right to use the public funds illegally.

2．This crim.

(1) the difference between the crime of embezzlement of public funds and the crime of misappropriation on certain property.

The different object. The object of crime of misappropriating public funds is the act of duty of national staff integrity, national financial management system as well as the right to the use of public funds; the object of misappropriating specific funds crime is the state of specific funds earmarked for the financial management system as well as the country and the people's interests.

The subject is different. The crime of misappropriating public funds is a special subject; subject to divert the specific funds crime is general subject.

The objective aspects of different. The crime of misappropriating public funds in the objective aspect of performance is taking advantage of his position, the embezzlement of public funds for 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; and misappropriation of special goods in the objective aspect of the performance will be with a specific purpose funds and materials, such as disaster relief, poverty alleviation, flood control, special care, immigration, the special relief funds and materials, unauthorized diversion.

(2) the difference between the crime of embezzlement of public funds and the crime of misappropriation of funds.

The different object. The object of crime of misappropriating public funds is the act of duty of national staff integrity, national financial management system as well as the right to the use of public funds; the object of the crime of misappropriation of funds is not the national office staff integrity, non state owned units, the unit management system of financial and the right to use this unit funds.

The subject is different. The crime of misappropriating public funds is a national staff, the subject and the crime of misappropriation of funds is not state-owned unit staff.

(3) for taking bribes, embezzlement, or other criminal activities, in accordance with the cumulative punishment. Carry the misappropriation of public money, in accordance with the "provisions of the criminal law" article 382nd, article 383rd on the crime of corruption

 

The case analysis topic

The first unitCase study: the one night a B was found with his wife sleep together, namely his stick towards the pursuit of B a body. B immediately kneeling down to beg for mercy, a still not give up, and with cigarette burns B a, B and a wife to write sex material, B refused to write. Nail clubbing B repeatedly, and compel B lying on the ground, the tortured more than 3 hours, to find B a difficulty in breathing, rushed to the hospital. Because of his injuries, rescue invalid, died in the morning the next day 5. Forensic identification: concurrent B a multiple soft tissue bleeding injury, traumatic shock and death.

I would like to ask: in this case, a certain behavior constitutes the crime of intentional homicide, the crime of intentional injury or death caused by negligence crime?

Answer:The 1 man acts constitute the crime of intentional injury, a hurt B subjective is intentionally, but the result of death is negligence. 2 do not constitute the crime of intentional homicide, to B's death there is no subjective intent. 3 do not constitute the crime of negligence causing death, a subjective is intentionally hurt B.

Unit secondCase study: the 1990 year in May 12th, the defendant Zhang with bamboo, to travel as, Zhang invited the defendant's girlfriend Lee, and by Lee invited "young woman" Wang Mou to go out. When arriving at the county, Zhang, bamboo one of Wang lied out money has run out, called Wang to the bamboo a friend home for several days, they go to other places to find money back after Wang Mou, and the bamboo one through his brother-in-law introduced, Wang sold with a tan for his wife, was money 1900 yuan, remove the tolls, Zhang money allocated 380 yuan. Tan Mou Wang home, evening together that Wang, physical defects, then Wang returned home after a brother-in-law of bamboo, Wang returned home. The county people's hospital diagnosis, Wang Department of "bisexual male dominated people".

Q: in this case, to Zhang, Zhu Mou behavior should be how to deal with?

    Answer: zhang,Bamboo one acts constitute the crime of abducting and trafficking in women. Zhang, bamboo, for the purpose of selling, by means of cheating, Wang sold and others for his wife, Zhang, an act constitutes a crime of abducting and trafficking in women of bamboo. Both of them have the trafficking of women and crime in the subjective common intention, has the common behavior of the objective aspect of crime, joint crime of abducting and trafficking in women. 2 Zhang, bamboo a behavior constitutes crime of abducting and trafficking in women, belong to attempted crime. Zhang, bamboo a due to error of cognition, the bisexual people mistakenly believe that women belong to attempted crime is sold, the object impossibility. 3 Zhang, bamboo one should be in accordance with the trafficking of women crimes (attempted) qualitative, in the measurement of penalty shall be in accordance with the principle of punishment of attempted crime, that can be accomplished crime shall be given a lighter or mitigated punishment.

Unit third,The case analysis topic:

Wang and Liu Mouyou contradiction, January 12, 1998 Wang Liu to minor injuries, after mediation, Wang Mou, Liu decided to "private", by Wang Liu compensation for medical expenses. Wang believes that the matter has been, but Liu believes that Wang compensation costs too little, so in September 2 to the public security organs. The public security organs after receiving the report, on September 12th to make a decision of the investigation. Wang Mou is informed this matter, in order to avoid detection, in September 13th was to go out to work, until February 1, 2004 to return home, the public security organ to Wang mou.

I would like to ask: Wang's behavior is more than chasing down time? Whether it shall be the responsibility of a king?

 　Answer:Wang is the crime of intentional injury occurred in January 12, 1998, according to the provisions of the criminal law, maximum statutory penalty light damage to 3 years in prison, the statute of limitations for a period of 5 years, until January 12, 2003. However, according to the provisions of article eighty-eighth of the criminal law of the people's Procuratorate, the public security organ, the state security organs on file for investigation, or the people's court has accepted the case, escapes from investigation or trial, no limitation on the period for prosecution. In this case, Wang learned that the public security organ for investigation, in order to avoid detection, migrant workers, although in January 12, 2003} (after February 1, 2004) captured by the public security organs, but its behavior is no limitation on the period for prosecution shall be investigated for criminal responsibility, still be the crime of intentional injury.

　Unit fourth,The case analysis topic,  

In 1997 November, Xu a truck from a workshop to the workshop production of raw materials ethylene transport driving in the factory area, because of drunk driving, and noon did not rest well, Xu does not focus on, the way to ethylene plant, the normal running of a cycling female workers Lee into serious injury, confusion, the defendant and the steering wheel sharply to the left, another opposite driving trucks crashed, a driver, was injured. Victim Li Mou after rescue invalid death.

I would like to ask: Xu constitutes a major liability accident crime or the crime of causing traffic casualties? The reason.

Answer: in this caseXu, the act constitutes a crime of negligently causing serious accident, does not constitute the crime of traffic accident. The serious liability accident crime and the crime of causing traffic casualties difference lies in: the management of public transportation within the scope, because of traffic rules violation system, accident, according to traffic accident crime; in the management of public transportation range, in violation of safety regulations, the occurrence of major accidents, causing serious consequences, should be the major responsibility accident crime. In this case, a traffic accident occurred in the management of public transportation outside the scope of the plant.

　　Unit fifthThe case analysis topic,

In 2002 September, Shen in knowing the sales field in liver contain "Clenbuterol" case, is still a secret from sea salt to purchase a large number of liver for sales, resulting in 22 workers in September 9th Hangzhou Huajia Textile Co., Ltd. after eating, collective "Clenbuterol" poisoning incident.

I would like to ask: in this case Shen acts constitute what crime? The reason.

  Answer: in this case, Shen acts constitute selling poisonous, harmful food sin. Selling poisonous and harmful food crimes, is a violation of national laws and regulations of food hygiene, knowingly selling mixed with toxic, harmful non food raw food behavior. In this case, Shen to profit for the purpose of, containing "knowingly sales field in liver Clenbuterol" case, is still a secret from sea salt to purchase large pig for sale, resulting in serious consequences people poisoning. Elements of its behavior with the sale of poisonous and harmful food, crime.

　　Unit sixth,The case analysis topic

Zhao is unemployed, night to sneak into the city real estate corporate finance department to theft safes in cash. He opened his safe after it was found that the cabinet hollow generation, avowed and hapless occasion, coincides with the staff on duty to patrol, Zhao hammer crime will be on duty on the head, ran home. But he is still afraid of the personnel on duty after waking, recognize themselves, then to prevent divulgence of one's secrets of the heart, Huaichuai daggers return real estate company. Only to be received a report of the public security officers arrested.

Excuse me:(1) Zhao is theft attempted or accomplished? (2) how to Zhao wrong duty behavior qualitative? (3) how to return to the scene of the crime to prevent divulgence of one's secrets Zhao to conduct qualitative? Zhao (4) constitutes a crime or several crimes? How to punish

Answer:(1) Zhao is the attempted crime of theft. The attempt of crime, is refers to the behavior person has embarked on the implementation of specific acts of crime, because a crime causes the outside the will but failed to complete the crime stop shape. Attempted crime has the following three characteristics: first, people have started to commit a crime. Secondly, the incomplete crime stop. Third, crime stop in unfinished form is due to reasons other than the will of the criminal element. In this case, Zhao into the city real estate corporate finance department to theft safes in cash, but when he opened his safe to find cabinets empty, and no cash, real estate companies are not losing cash, therefore, Zhao theft not available in specific provisions of theft crime of all. Crime, crime is not complete without stopping. But the crime to stop in the unfinished form because there is no cash in a safe, is a result of causes other than Zhao will.

(2) Zhao out duty acts constitute the crime of robbery. According to the provisions of article 269th of the criminal law, fraud, theft, 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. In this case, Zhao after the theft, be on duty personnel found on the spot with a small hammer, crime will be on duty on the head, its purpose is to resist arrest, with the above three conditions, constitute the crime of robbery.

(3) returned to the scene of the crime to Zhao to prevent divulgence of one's secrets behavior should constitute a crime intentionally hurt, belonging to the preparation for a crime. In general, the robber die seriously, is the criminal in the public and private property in the process of robbery, aggravated consequence of violence, coercion or other means, caused by, in this case, even if not robbery to the property, should also be in accordance with the relevant legal punishment of robbery; if the perpetrator is to rob property objective, to murder means victims killed in a robbery, convicted and punished; but, if in the looting of property, in order to avoid detection, judgment to injure or kill the victim, should the robbery and the crime of intentional injury or be punished the crime of intentional homicide.

(4) Zhao consist of several crimes. Its a constitute the crime of robbery, which is determined by the theft of transformation; second, constituted the crime of intentional homicide (prep). For the two crimes shall be respectively the conviction and sentencing, and then in the two crime the sum of the sentence below, two crime maximum sentence above determines execution of punishment.

Unit seventhThe case analysis topic

Once a mayor secretary. One day, his friend Wu will be a construction captain Xu introduced to have a, Xu wish to contract a project of this city, please have a "activities". Have a look at the friends face, will this promise not to, Xu had a $50000 cash on the spot to. Once a guise and project construction committee director Mayor Lee, requesting the project contracted to do not have the qualifications of xu. Xu have got one's wish, money has a time and send had a $10000 cash.

According to the above case, answer the following questions:

(1) had a crime? Please explain the reason.

(2) Xu is not a national staff, he gave had a cash crime? Why?

(3) in this case, if the Wu by Xu Mou find had some help in advance, Wu hinted Xu, willing to spend money to succeed, and in a case, and Wu is not a national staff, his crime?

Answer:1.Once a behavior constituted the crime of accepting bribes (mediate bribery). According to the provisions of article 388th of the criminal law, the so-called mediation bribery, refers to the convenience of 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 act. The establishment of mediation bribery shall meet the following conditions:

The first,Must be convenient conditions for state personnel who take advantage of their power or position is formed, namely the subordinate relation between, between the upper and lower because of my authority or the status of other national staff formed relationship with colleagues, and other departments or units working relationship.

SecondOther countries, must be through the working staff's act for the benefit of trustees.

Third, the purpose of which is to seek interests must be illegitimate interests, namely according to law shall not be of interest. In this case, convenient conditions had a secretary position by Mayor formation, and in the name of Project Construction Committee Director Mayor Lee, requesting the project contract to Xu, makes a contract the project does not have the qualifications to Xu, seek improper interests, and from accepting $60000 in cash. Have a can through the project construction committee director Lee Xu seek improper interests, completely rely on is the convenient conditions as the position of secretary of the mayor, rather than through the acquaintance, friend relationship. Have a such actions are consistent with the characteristics of mediation bribery crime.

2.Xu, although not a national staff, but he gave had a cash behavior constitutes the crime of bribery. Bribery crime, refers to seek illegitimate benefits, gives property to a state functionary behavior. The subject of this crime is the general main body, does not have to be the national staff. In this case, Xu, in order to seek illegitimate interests, in does not have the contractor qualification conditions, by means of bribery contracted project, and gave the national staff has a 60000 yuan in cash, which accords with the crime of bribery, constitute bribery.

3.In this case, if the Wu by Xu Mou find had some help in advance, Wu hinted Xu, willing to spend money to succeed, then Xu introduced to have a. Wu this is to communicate, match, between the briber and bribee matchmaking, thus offering bribes and accepting bribes to realize. Wu's behavior constituted the crime of introducing bribe.

(radio, multiple choice, judgment test)

The first unit

A, single choice

1.D  2.C  3.C  4.B  5.B

6.A  7.A  8.B  9.C  10.C

Two, multiple choice questions

1.ABCD2..ABC3.ABD4.ABD  5.ABCD 6.BCD7.BCD8.ABC9.ABD10.ABCD

Three, determine the title

1 x  2 x  3 V  4 x5 V

6 x  7 x  8 V  9 V10 V

Unit second

A, single choice

1.A  2.B  3.C   4.B  5.A

6.B  7.D  8.D  9.C  10.A

Two, multiple choice questions

1.ABC2.ABC3.ABCD 4.ABD  5.ABCD

6.AC  7.CD  8.AB 9.ABC  10.ACD

Three, determine the title 1 tick  2 x  3 x  4 x  5 x 6 x  7 V  8 x  9 V  10 x

Unit third

A, single choice

1.C2.B3.D  4.B5.C

6.D7.B8.C9.DL0.B

Two, multiple choice questions

1.CD2.ABD3.ABCD 4.ABC5.ACD

6..ABC7.ABD8.AC 9.AC 10.ABCD

Three, determine the title 

1 x 2 x3 x4 x5 x

6 V7 x8 V9 x10 x

Unit fourth

A, single choice

1.C2.D 3.C4.C5.D

6.C 7.C 8.D 9.D10.D

Two, multiple choice questions

1.ABCD 2.ABCD 3.AC4.AB5.BC

6.AC7.ACD8.ABD9.BCD 10.ABC

Three, determine the title

1 x2 V 3 x 4 V 5 x

6 x7 V8 x9 V10 x

Unit fifth

A, single choice

1.B2.A3.C4.B5.D

6.C7.A8.B9.AL0.C

Two, multiple choice questions

1.ACD2.ABC3.ABC4.AD5.ABD

6.ACD7.ABCD8.ABCD 9.ABCD 10.CD

Three, determine the title

1 x2 x3 V4 x5 V

6 x7 x8 * 9 * 10 *

Unit Sixth

A, single choice

1.A2.C3.C4.D5.B

6.D7.B8.C9.C10.B

Two, multiple choice questions

1.AD2.ABD3.ACD4.ABCD5.ABD 6.BD7.BCD8.AC9.AD 10.ABD

Three, determine the title

1 x2 V3 x4 x5 V

6 x7 x8 V9 x10 V

Unit seventh

A, single choice

1.B2.C3.A4.D5.A

6.D7.B8.A9.B10.C

Two, multiple choice questions

1.ACD 2.ABD 3.BC4.ACD5.ABCD

6.ABD7.ABD8.CD9.AC10.ABCD

Three, determine the title

1 x2 x3 V4 x5 V

6 x7 x8 V9 x10 x