Judicial examination in 2009 the new sites Xiangjie (Criminal Law)

Judicial examination in 2009 the new sites (Criminal Law)
Source: China Network School Author: eye-catching green apple time: 2009-8-24 10:31:37 click:

(a) three stratification criminal theory system

A logical explanation, crime

To consider the concept of crime theory system effect on the construction of crime, we must make an investigation of the nature from the ethical. Obviously, reviews from the substantial perspective, must have two conditions that constitute a crime: first, the worth of penalty against the interests of the law fact (Rechtsgut infringement), this is illegal; second, to the law profit violation facts to carry out acts of censure (disapproval, this is possible) the responsibility of the.

(a) illegal (Rechtsgut infringement)

Will what behavior as banned object, by what is forbidden to decide. In this sense, the understanding of the essence of illegality, criminal law origin on the task or objective understanding. The purpose and task of the criminal law is to protect legal interests, so the criminal code prohibits infringed the legal interests behavior and results. In other words, the criminal law can only be violated or threatened legal action be crime. Moreover, because the other laws with certain means to protect the legal benefit task, criminal law only will be punished violations of legal interests of the Act provides for the crime. This law is violated, it is substantial illegality. Article thirteenth of the criminal law called the social harmfulness, refers to acts against the interests of law violations of criminal law, namely, the essence of illegality.

Acts against the interests of law violations include aggression and threats against the interests of law (risk). Infringement refers to the behavior caused real damage interests; threat refers to the act of dangerous against the law. When the behavior is not against the law in reality, but with the danger of, also is harmful to the society and reality (please note, "violating legal interests", "law against" concept sometimes include violations caused dangerous situation). Of course, due to the damage and threat of aggression against the interests of law does not with, so, for willfully violating legal interests behavior, even if they do not cause real law profit violation results, but as long as the resulting in danger, may also be regulated as criminal.

According to the illegality and objective stance, it should be understood objectively and judgment of essence of illegality. Because the criminal law prohibits violations of law behavior, so, even if the actor has no subjective intent and negligence, violating the legal rights act is prohibited by the criminal law, can not think of criminal law to kill people with mental illness, also cannot think that criminal law allowing dissatisfaction 14 years of age who robbed. Moreover, that the objective of legal interests violated behavior has no harm to the society, also do not accord with the facts. For example, a not intentional and negligent cases, the state secrets leaked to the overseas hostile organization, it is harmful to the society.

(two) liability (rebuke probability)

The only objective illegal behavior, is not enough to set up a crime. According to the national can be accepted, only can objectively illegal behavior to carry out acts of reproach, to this kind of behavior of the crime. In other words, only when the behavior of the implementation of the objective violations have responsibility, should be condemned, such behavior is a crime, or to say, only when the objective illegal behaviors and results can be attributed to the behavior of people, can be found the crime. The theory of criminal law often will have the possibility to "express disapproval act with responsibility". So, the accountability (rebuke probability) is another feature of a crime.

Characteristics of rebuke probability has the same legal basis. According to the provisions of article thirteenth of the criminal law, the illegal acts (acts harmful to the society) only "in accordance with the law shall be subject to criminal punishment", would be a crime. For example, according to the provisions of the criminal law fourteenth, 15 and sixteenth, only when the act of intentionally or negligently, and is likely to resist the state (with the anticipated possibility), can be punished by law. In other words, do not have the intention and negligence of the objective illegal acts, in accordance with the law is not punishable by penalty, so it is not a crime. Moreover, according to the provisions of article eighteenth of the criminal law, only when the behavior person has the responsibility, their behavior can be punished. So, the article thirteenth of the criminal law "in accordance with the law shall be subject to criminal punishment" and the relevant provisions of the, can also be interpreted as "rebuke probability" features of the crime.

In a word, in essence, the crime is illegal and responsible behavior. Illegal crime and responsibility, right and criminal law protection function and the safeguard function of human rights should be relatively. However, in implementing the rule of law of the times, be punished behavior , must be limited to the criminal law act.

Needs to be pointed out is, "crimes" (crimes) a word has different meanings. Generally speaking, the crime is the crime of the behavior of all conditions. However, the nature of crime is violating legal interests, in this sense, as long as it is violated the law behavior, has the nature of crime, the behavior is a violation of the law, only needs to carry on the objective judgment. for example, has reached the age of 14 and under the age of 14 who kill people kill, in violation of the lives of others it without any. Just out of the criminal policy and other reasons, the latter shall not be regarded as a criminal. So, in some occasions, "crime", "sin" refers to the constitutive requirements of the crime of illegal behavior.


Two, criminal theory system

(a) the concept of criminal theory system

In today's world, there are mainly three kinds of criminal theory system: one is to take the countries of continental law system of Germany, Japan and other crime theory system, i.e., confkrmity of constitutive elements, illegality, the accountability system; two is to take the common law countries of the criminal theory system, the conditions of crime establishment into crime and the criminal intent, and then discuss defenses; three is the former Soviet Union and other countries adopt the system of criminal theory, the conditions of crime establishment is divided into the object of crime, objective aspect of crime, subject of crime, subjective aspect of the crime, and then discusses the theoretical system of crime subject, crime of the problem.

The core content of the crime theory system of crime theory system. China's criminal law theory is generally used to describe the crime crime constitution condition, that is consistent with the crime behavior, is a crime. China's criminal law theory that constitutes a crime, criminal law, the social harmfulness of an act and its degree, organic whole all the objective elements and subjective elements must have set up for the behavior of the crime. The crime of common elements of the four aspects, namely, object of crime, objective aspect of crime, subject of crime, subjective aspect of crime. Thus, in the system of four elements in our country, equal conditions in the crime constitutes a crime, but in civil law countries, Germany, Japan etc., constitute a condition to the elements of crime should be just.

(two) the system of crime theory characteristics

Reasonable criminal theory system, must have two basic characteristics and practical. This book takes confkrmity of constitutive elements, illegality, the responsibility of the system of criminal theory (three class system).

In the theoretical system of crime, whether the judge, subject form (external) to essence (internal), from abstract to concrete, the setting to the amorphous, from objective to subjective, from the fact to value judgment of progressive layer by layer. For example, in determining whether a certain behavior set up the crime of intentional homicide or the crime of negligence causing death, not to judge the behavior of people have no murderous intent and negligence, but must first determine confkrmity of constitutive elements, namely first determine the behavior people whether the implementation of the homicide behavior type or causes a person's death, whether the behavior the deaths result (death results whether to belong to the behavior). If the negative conclusion, it cannot be recognized that the establishment of the crime of intentional homicide behavior in the crime of negligence causing death, also do not need for the next step of judgment. The essential ingredient of the premise, to determine whether there is ground for elimination of misfeasance (such as the presence of self-defense, emergency hedge justification). If certain conclusion (there is no irregularity), then further to determine whether the actor has responsibility, whether it is intentional and negligent. In the premise of certain conclusion, it is still necessary to determine the existence of impediment of responsibility behavior.

There is a need to explain, this book although according to three class system is discussed, but did not increase the burden of students. The specific scope of hand examination (knowledge) is still the same as in the previous year; on the other hand, the theory of crime problem of system itself not as the examination content. In other words, you only need to pay attention to the three class system of knowledge, but need not be concerned about the three class system.

Three, confkrmity of constitutive elements

(a) constitute elements of the concept should be

The essential ingredient, also known as the constituent elements of a compliance, refers to the realization of constitution, the provisions of the fact that what happened with the provisions of the criminal law elements consistent. The essential ingredient of judgment, is a kind of value judgment, is a kind of abstract, stereotypical judgments, or is in an abstract, setting benchmarks to determine. In the essential ingredient, illegality, accountability system, constitutes one of the elements of crime should only conditions, all conditions rather than the establishment of a crime.

As confkrmity of constitutive elements have no time, to understand the difference between the three concepts: one is the Constitution itself, the two is consistent with the elements of the facts, the three is the essential ingredient of judgment. first to explain, to determine the elements of meaning, in order to guide image, characteristics and then specific facts form characteristics, and then judge whether phase two.

In general, elements under the criminal law refers to the type of crime, from a large number of behavior, will be given as a criminal law against and threat types of special punishment, in the form of law provisions things down. In this sense, elements are types of illegal behavior, is according to the law of. That elements of illegal behavior are: the causal relationship between the behavior subject, behavior, result and the object, the behavior and the result, these elements are elements of the elements.

(two) elements of the function

On the elements of function, can be summarized as the following aspects:

 The first is the function to protect liberty. Because the constitutive elements of crime of the the stereotype, what behavior should be punished, not what behavior should be punished, have clear boundaries.

  Second is the criminal individualization function. The various elements of the crime has its own characteristics, so the distinction with other crimes. Of course, in a few cases, if the distinction between this crime and that crime is crime form or form of liability is different, do not have individual functional elements.

  Third is the law inference function. Elements are illegal type, act in accordance with elements although is not illegal, but can infer the behavior is illegal. Therefore, as long as the behavior consistent with the constitution, the illegal facts can be inferred behavior.

Fourth is the intentional regulation function. Generally, intentional is the understanding of objective facts, with elements of the content (including hope and laissez faire).

Four, illegal

(a) the concept of illegality

Crime is not only consistent with the elements of the act, but in essence is not permitted by law behavior, which must be illegal. If the violation does not exist objectively, even if the liability is not important, the establishment of crime. The so-called law, refers to the act in violation of the law, the law does not allow behavior. This is only a general definition, must contact the essence of illegality understanding.

(two) of Substantial Illegality

1 formal illegality and substantive illegality.

Formal illegality, refers to the acts in violation of law, violating the law prohibited or command, it is from the form will be illegal violation of law is defined as. The illegal substance, it is used "in violation of the regulations" outside of the substantial evidence that illegality.

That the illegal nature take the theory of violating legal interests. The theory of violating legal interests, substantial illegality is infringed and threats against the interests of law. Law, refers to the basic principles of the constitution, life interests protected by law, the objective might be infringed or threatened people. Legal interest is also known for the protection of law or the protection object, different from the behavior of objects. The object has characteristic of affairs outside, it generally cannot determine the nature of crime; the nature and legal decisions, crime namely, violations of law, the nature of the crime is different. For example, the crime of obstruction of official business, the behavior of objects is the staff of state organs, the protection of law is the official. Moreover, the larceny behavior object is public or private property, and the protection of law is the ownership, property right of possession. Any crime have the protection of law, does not exist without the protection of legal interests of the crime, but not any crime has a specific behavior object.

Formal illegality and substantive illegality, not necessarily is a concept opposite, can according to the substantive illegality, criminal law does not expressly provide that super law ground for elimination of misfeasance. Super regulations of illegal resistance but reason, essence not only excluded illegal behavior, formal illegality can exclude behavior.

The 2 objective illegality and subjective illegality.

Illegality and objective law understood as evaluation standard of objective, no matter how competent ability of human behavior, as long as the objective in violation of the law, it is illegal. In this way, violation of people without responsibility, it is illegal to, should allow the justifiable defense.

Subjective illegitimacy theory will be construed to the human behavior rule of order, therefore, the violation of norms must be able to understand the standard content, only to make the decision of human behavior, just talk without illegality problem, illegality or not, can only have the responsibility behavior. So, can not be mentally ill people without responsibility behaviors identified as violations.

Through adopting objective illegitimacy theory.

The 3 consequence without value and conduct without value

Results no value, which cause for action on the reality of the interests of the law or the threat of negative evaluation (risk) do; act without value, a negative evaluation has done for the state and the results of cutting behavior itself. Results no value in the "results", not only refers to the violation of real law, also includes the law against the risk. Act without value of "behavior", not only refers to the objective behavior, also includes the human heart. Generally speaking, the behavior value theory, law is based on the state itself (anti Ethics) and subjective evil, evil behavior itself is illegal evidence; the result has no value is that, due to the illegal acts against the interests of law harm or threat results the results, that evil is illegal according to the. The dualism that, only when the behavior also has no value and the result of no value, it is illegal.

(three) the judgment of illegality

 On the judgment of illegality, need to distinguish several concepts: one is the behavior criterion standard, two as object fact, three is the judgment itself. Judge itself also includes the judgment and the judgment result. The existence of illegal behavior, is a kind of judgment.

 The constituent elements of a compliance judgment, is a kind of abstract, shaping the fact judgment; and the judgment of illegality, it is a kind of non setting value judgment of specific. The responsibility judgment although is a kind of non typical value judgment, specific, but it is for the content on the behavior of one possibility, and the judgment of illegality is rebuke probability behavior and phase separation, objective judgment non main face of behavior.

Because the types of elements is illegal, is the essential ingredient of behavior, generally is illegal. Therefore, the judgment of illegality is basically a negative judgment, or just for the existence of ground for elimination of misfeasance judgment. In other words, as long as the behavior with confkrmity of constitutive elements, and there is no ground for elimination of misfeasance, that behavior is illegal.


[interpretation]

 

 

1What is the three class. The progressive system of criminal theory?

 

 

In continental law system of constitution of crime is the three level progressive. The essential ingredient, illegality and responsibility. An act to constitute a crime, in addition to behave in accordance with the Constitution and illegal behavior outside, also have a responsibility.

The theory to judge whether an act constitutes a crime, the judge this behavior is in accordance with the constitution of a crime (the essential ingredient is the constituent elements of a compliance). If yes, then judge whether the act is illegal. Generally speaking, with elements of the act is illegal behavior. But sometimes there are exceptions, acts of self-defense, emergency hedge behavior is not illegal for example. If it is illegal, then to judge whether the actor has responsibility, that behavior is responsible. Generally speaking, in line with the first two elements, it is the responsibility of the. But there are exceptions. For example13Years old of intentional homicide, or loss of ability to identify and control the mental patient of intentional homicide, no responsibility, no criminal responsibility.

We use a case to explain the mode of constitution of crime in continental law system:18Old Wang because and Li discord, knife him to death. The first step: Wang's behavior is in accordance with the constitution of the crime of intentional homicide: a person deliberately deprived of his life? In accordance with. The second step: whether Wang's behavior is illegal? Via checking, Wang had not self-defense, emergency hedge, in performing their duties, ground for elimination of illegality (also known as the ground for elimination of misfeasance, namely the obstructing illegality defenses. Stop, excluded). It is illegal. The third step: Wang is responsible? According to investigation, Wang Mou mentally normal, aged18Years of age. Therefore, should be responsible for, have the responsibility of the. Three conditions are fulfilled, Wang's act constitutes a crime.

Please analyse two cases with civil law crime:

(1Lee),18Years of age. Lee because Wang told his "black", in the school after a knife Wang held hostage to a remote place, to Wang Mou to kowtow "apology". Wang refused to. Lee is the knife stabbed wang. Wang helpless and Lee fight. In the struggle, Wang took Lee's knife, will Lee stabbed to death. Wang immediately surrender.

(2Feng),18Years of age. In the hospital, the nurse themselves worker Lu choked her. The experts: sometime pingmou strangle Road, belonging to a period of psychosis, completely lost the ability to identify and control.

[analysis] in accordance with the theory in the continental law system, should such judgment:

Case1: first, Wang's behavior is intentional homicide, accord with the constitutive elements of the crime of intentional homicide. Secondly, Wang's behavior is not illegal, because it is justifiable defence. Due to the absence of its illegality, judge ended, no longer has the liability judgment. Wang's behavior does not constitute a crime.

Case2: first, Feng Mou behavior, consistent with the constitutive elements of the crime of intentional homicide. Secondly, no ground for elimination of illegality of the behavior, is illegal. The third step: whether the judge has responsibility? Feng is during psychotic episodes, completely lost the ability of identification and control of murder, therefore does not have the responsibility. Feng's conduct did not constitute a crime.

As you can see, such a layer, judge according to certain order, is the three class of progressive judgment method.

2The continental law system. Crime constitution theory system and the constitution of crime of our country simple comparison theory system

 

 

First of all, constitute elements of civil law and our country crime have different meanings. Our country crime contains all three elements of the continental law system. Because in my country, only with all elements of the act is a crime. While the civil law of the constitution, is only a condition to constitute a crime, as the crime types in the objective elements and subjective (here refers to the subjective aspect, intentional or negligent, is a type of crime, and whether the liability independent) elements. Therefore,13Years old of intentional homicide, also in line with manslaughter elements, to meet the "constitute the elements of crime should be".

Secondly, the criminal constitution theory of civil law to exclude illegal behavior included in the theoretical system, judge in the second step "illegal". China will eliminate crime on the theory system, individual named "excluding criminal behavior". In China, an act to constitute a crime, must not "exclude criminal behavior". Therefore, fundamentally speaking, China and the continental law system is the same as in crime requirements, only a judge in different ways.

However, our theory of crime constitution and the criminal constitution theory of civil law is essentially the same. In our country, to constitute a crime behavior, also requires compliance with criminal objective and subjective elements requirements -- is illegal behavior, and the behavior person has the capacity of criminal responsibility.

[on] whichever theory, it is the same for the essential elements of crime: the act itself is a violation of the criminal law, human behavior is the responsibility of the (can be blamed.). Acts in violation of the criminal law, only that behavior objectively is illegal behavior, not the behavior person to be convicted. Only the behavior of the Act (criminal responsibility), the behavior of human behavior is a crime. (new candidates please particularly note)

3How three classes crime constitution theory and four elements theory?

 

 

 

Many students see confkrmity of constitutive elements, illegality, accountability is stupid, do not know where to start. In fact, a detailed analysis program, you will see, under the terms of the content, we all learned. "The objective elements content, confkrmity of constitutive elements" content is a crime, including the original objective elements of crime and the crime itself. Criminal responsibility of crime subject is placed in the responsibility of the part. "Illegal" content, is to stop illegal sexual content, including the original crime reasons, is justifiable defense, necessity, the victim's commitment. "Accountability" is the content of the crime subjective content. Including the main subject of crime in the crime the subjective aspect of the crime criminal responsibility, the content and the impediment of responsibility. Specific include: the crime of intentional, negligence, motivation, purpose and the error of illegal cognition, the lack of expected possibility.

As you can see, in the new system, the object of the crime is not, the subject of crime is divided into two parts, the subject of crime itself is on the essential ingredient in the subject of crime; criminal responsibility is placed at the responsibility. This decomposition of the subject of crime, is because in the new system, the subject of crime is considered to be objective, criminal responsibility subject of crime is considered subjective.

 

(two) about the "criminal law amendment (seven)" of some crime

 

 

 

 

 

 

 

A,Smuggling National prohibition of other goods, the import and export goods crime

 

 

 

Smuggling National prohibition of other goods, the import and export of goods refers to the crime of violating the customs regulations, evade Customs supervision, transport, carry, prohibited by the state from other goods, the import and export of goods act.

 

 

 

Two, the organization, leading the crime pyramid

 

 

 

The organization, leading the crime pyramid is refers to the organization, leading to the sales of goods, services and other business activities as, participants are required to pay fees or purchase goods, services such as access to join the qualification, and according to the order of composition level, directly or indirectly to develop personnel quantity as payment or return basis, lure, stress participants continue to develop other people, cheat, disrupt social and economic order of the pyramid selling activities.

 

 

 

Three, national staff bribery near relatives or close people

 

 

 

State personnel's close relatives or close people bribery crime refers to the relationship between close relatives working personnel of the state or the national staff close people, through the state working staff's behavior, or by the state authority and status facilities, staff positions in other countries. Behavior, to seek illegitimate interests as trustees of property as trustees, ask for or accept a large amount of property as trustees, or have other heavier circumstances of the act.

 

 

 

The crime of accepting bribes in four, left the state personnel

 

 

 

The crime of bribery of national staff turnover is refers to the country staff turnover, by taking advantage of the original power or position of the other countries, the working staff's act, to seek illegitimate interests as trustees, ask for a property or please accept the trustee's property, large amount or other heavy plot behavior.

 

 

 

Five, turnover of national staff bribery near relatives or close people

 

 

 

State personnel leaving the close relative or someone close to the bribery crime is refers to the country staff turnover of nearly relatives or close, by taking advantage of the turnover of national staff, the original power or position of the other countries, through the staff behavior of job, ask for a property or please accept the trustee of a large amount of property, or if there are other heavier circumstances of the act.

 

 

 

 [interpretation]

 

 

 

This part of content is very simple, all the control law master these new elements can be. It is necessary to pay attention to the388Article1Added several new bribery crime. (i.e.1) national staff bribery near relatives or close to the people (Crime2) bribery (turnover3) national staff turnover of bribery near relatives or close people. The crime of bribery is not what we usually say that the crime of bribery, but a new bribery crime. In the crime of accepting bribes, these people can't and national staff collusion. If both parties are common, these people and working personnel of the state constitute the common crime of bribery, or national staff bribery crime.

 

(three) the new regulations (master key, can be a choice)

 

"PRC Criminal Law Amendment(Seven)"," the Supreme People's court, the Supreme People's Procuratorate on handling the duty crime cognizance of surrender, meritorious service and other circumstances of sentencing suggestions "," the Supreme People's court, the Supreme People's Procuratorate on handling bribery in criminal cases the law applicable to a number of issues "

 

 [exercises]
1, from the angle of logical interpretation, which of the following is not a crime must have the conditions;
A. objective illegalityB. subjective responsibilityC. behavior person has the intention to commit a crimeD. damage to the interests of law

2, the following about the act in criminal law and legal interests, statement is correct?
A. specific behavior object is one of the factors of the objective elements of crime of all, this crime and other crimes
The B. object crime specific to a lot of crime elements, but the law itself is not the elements
The object C. legal interest and behavior is the correspondence between the different legal interests, infringement crime object is not the same
D. objects are infringed in any crime, and the law is not at all in the crime were violated

3, the following about the constitutive elements of crime that expression is correct:
A. is the subject of the behavior factors of the objective surface that behavior, belongs to the external, objective elements
The anticipated possibility of legal act as illegal B. belongs to the type of elements, not as a responsibility type elements
C. in the context of criminal law "obscene", "revenge" a need to refer to the general culture, social evaluation of the words belong to descriptive elements
D. positive that elements of crime must have, belong to the positive elements

4, the following about the impediment of responsibility isn't correct:
A. the behavior of people with identification and control their behavior according to their ability, could not rule out accord with the objective conditions of the behavior of responsibility
B. method of behavior subject to condemnation, requires the subject to know the content of behavior, social significance and harm result, and be able to control yourself not the implementation of acts prohibited by law
Look forward to the possibility of C. behavior person does not have legal acts in the implementation of the violations constitute elements of the time, will hinder the criminal liability
To prevent the responsibility D. lack of cognition of illegality, but can't prevent the intention and negligence

5, according to "the Supreme People's court the Supreme People's Procuratorate on handling duty crime cases identified several problems of sentencing surrender, meritorious service and advice", the following statement on the surrender of the right is:
A. does not automatically surrender, during the investigation, the case handling organ conversation interrogation, take measures to investigate or coercive measures, criminal truthful account of the case handling organ clues for facts, not surrender
B. is not automatic, but the case handling organ master clue for criminal facts is not established, this is outside the scope of the same crime criminal confessed, to surrender
C. unit voluntary surrender, the persons directly in charge and the person directly responsible not voluntarily surrender, but truthfully confesses the criminal facts that he knows, can not be regarded as voluntary surrender
D. units did not surrender, the directly responsible personnel of voluntarily surrender and truthfully confesses the criminal facts that he knows, the directly responsible personnel shall surrender

6, according to the crime clues, material sources in any of the following circumstances, shall not be deemed as a crime:
A. himself by illegal means or illegal means
B. himself for the original as banned crime duty access
C. others to the criminals in violation of regulations
D. responsible for the personnel of state organs suppressed crime responsibility or other national staff to take advantage of their positions to provide

7, the following statement is correct:
A. for the production, sales do not meet the standard of medical equipment crime culpability form is intentional, and as a result crime
B. crime of smuggling cultural relics and smuggling precious metals and elements of crime behavior, including to meet the requirements of the cultural relics or precious metals from domestic smuggling abroad and smuggled in from abroad to the domestic
C. smuggling obscene goods crime crime forms in addition to intentionally, also need to profit or communication for the purpose
The object of the crime of smuggling prohibited by the state from D. other goods, import and export goods crime includes other things besides the weapons, ammunition, nuclear materials, counterfeit money, cultural relics, precious metals, rare animals and plants and their products

8, the following on the crime of bribery, is not correct:
The judge of a court of a A. from a plaintiff B 100000 yuan and promised to sentence the case, only the defendants in the trial after the intermediate people's Court of appeal, the defendant, because no help B interests, so a does not constitute the crime of bribery
100000 yuan to taking advantage of using their husband B. staff of a state organ C wife accepting friend Ding for the service, because his wife is not a functionary of a state organ C, so can not be established the crime of accepting bribes
C. customs staff accepting bribes 100000 yuan by indulging smuggling, violated bribery and indulging smuggling, because of the implicated relation, should be a felony penalties
D. national staff Geng before retiring to take advantage of their positions to help a friend Zhang to seek illegitimate interests, after retiring from Zhang 100000 yuan, although it was not previously agreed with Zhang, still should be punished for taking bribes
          
9 on the bribery crime, which of the following are true: ()
A variety of preferential trading conditions A. according to commodity dealers set in advance, to buy goods at discounted prices, do not belong to bribery
B. state personnel who take advantage of their office for the benefit of trustees, please accept the trustee offer shares, shall be punished for taking a bribe
C. state personnel who take advantage of their office for the benefit of trustees, funded by the trustees, "cooperation" start-up companies or other "cooperative" investment, shall be punished for taking a bribe
D. state personnel who take advantage of their office for the benefit of trustees, inspired by the trustees in opinion columns, the item to a specific relationship between the people, shall be punished for taking a bribe
Reference answer: 1 C2 B3. AD4 A5. ABD6 ABCD7 C
8 ABCD9 ABCD


 

Click to enter, comment