Basis2012The new "criminal procedural law" to detailed analysis2011The judicial criminal law questions and answers (on)

 

   Note: carefully study and practice over the years for the importance of reviewing for the judicial examination has been repeatedly proved by history and will continue to prove, then there is no need for me to say! in 2012 as a "Criminal Procedure Law" has just experienced a "overhaul" key, the transition of the year, I would like to remind the candidates: please read over the law of criminal procedure of judicial exam time, don't be confined to the justice department gives the reference answer and was based on the 1996 "criminal procedural law" the analytical, please practice every criminal. When they ask themselves: the latest according to the 2012 "Criminal Procedure Law" provisions, the answer would be that was the answer That is to say, I hope everyone can consciously according to the new "criminal procedural law" "re interpretation of" the law of criminal procedure. Through this round of calendar year Zhenti practice, believe you will be what new sites on the 2012 "Criminal Procedure Law" will be how to study a more intuitive, image understanding. This paper is to uphold this idea to "re interpretation of" judicial examination in 2011 criminal law Zhenti, happy reading, I believe you will "trip"!

 

-- Liu Zhongxin The criminal procedure law, China University of Political Science and Law

             The judicial examination in criminal procedure law subject teachers

 

 

Test Volume II

 

A,SingleItemSelectedAlternative title. EachQuestionsTheSet selectionItemThere is only one correct answer, moreSelected,WrongSelectedOr notSelectedDid not score.

21 Li is rich, WangPost OfficeWorkers' children, two people togetherInjuryPests (Minor woundThe victim)ZhangA. In theInvestigationCheckTooIn the process, the public security organKamIn two person of crimeDay lightAndRecognizeSinStateDegreeAWell, decided to obtaining a guarantor pendingThe trial,YesLee has takenCardGoldCardWay, as WangEconomicsTrappedHard,YesIt tookCardPeople's InsuranceCardMethods. Public security organs, bodyNowThe social principalRighteousnessThe concept of the rule of law which one of the following requirements?

A.RealBody fair

B. pursuit of efficiency

C.HoldMethodFor theThe people

D. equity isRighteousness

    Answer.D

    [D] the socialist concept of rule of law

    [] including analytical socialist concept of the rule of law: the rule of law, law enforcement for the people, justice, serving the overall situation, the leadership of the party, a total of five aspects. OptionsAAnd optionsBThe basic content is not the socialist concept of rule of law, can be ruled out.

    Law enforcement for the people, this is the essential requirement of socialist rule by law. To Deng Xiaoping Theory and the important thought of "Three Represents" as the guide, to realize, safeguard, development in the fundamental interests of the people, as the fundamental law of the starting point and the foothold, in the political and legal work, truly people-oriented, law enforcement for the people, and effectively protect the people's legitimate rights and interests.

    Fairness and justice is the value pursuit of the socialist rule of law concept. Fairness and justice is the lifeline of political and legal work, is the primary task of the harmonious society, is the primary goal of socialist rule of law. Requirements for law enforcement officers must enforce the law, to safeguard public interests, to abandon evil, promote healthy atmosphere, to overcome oneself, out of self-interest, adhere to legal and reasonable principle, principle, efficient principle, principle of procedural justice to equality, maintaining social equity and justice.

    In this case, the public security organ according to the criminal suspect different situation, adopt different ways of guarantee to take enforcement measures, namely, guarantee the effective implementation of the compulsory measures, and fair treatment of each criminal suspects, the maintenance of social justice. Visible, optionsDSpecific optionsCMore appropriate. So the electionD.

    This is the first national judicial examination to check the socialist concept of rule of law in addition to other department law jurisprudence of senior high school entrance examination content, which requires students to change the idea, not like the past thought the socialist concept of rule of law only in volume and volume 4 investigation, other departments law teacher at the same time, such a problem is also required in addition to the Jurisprudence Teaching other than should be familiar with the contents of the socialist concept of rule of law. Of course, the concept of socialist rule of law as a kind of ideology of knowledge point, the politics that too, but the question itself is generally not difficult, you only need to understand the meaning of "political correctness", maintain and the mainstream media publicity caliber highly consistent of the answer can be easily score.

22 on the statutory agentYesA courtThe trialThe judgment, rulingV.Right, which one of the followingSaidMethod isError?

Since A.V.The statutory agent of a person of high independenceV.Right

B. Li Mou of the accused person's legal representative shall have the independentV.Right

C. victims a statutory agent independentV.Right

The D. ReportBeltCivilLitigationThe Wu's statutory agentYesAttachedBeltThe civil part has independentV.Right

   [answer] C

    [D] legal agent right of appeal

    [analysis] in 2012 the new "criminal procedural law" article216Article: "the defendant, private prosecutor and his legal representative, not a local people's Court of first instance judgment, ruling, have the right to appeal in writing or orally to the people's court at a higher level. The defense of the accused person and close relatives, with the consent of the defendant, can appeal. The party in an incidental civil action and their legal representatives may be of a local people's court, the first instance judgment, ruling in the part of incidental civil lawsuit, filed an appeal. The defendant shall not be deprived of the right of appeal, with any excuses."

   Therefore, the main body comprises the independent appeal body and non independent appellate body (agreed by the defendant may file an appeal). The prosecutor, the defendant's legal representative has the independent right of appeal, incidental civil action litigant's legal representative to the first instance judgment, ruling in incidental civil action part independent right of appeal. And the defense of the accused person and close relatives do not have independent right of appeal. Option C the statutory agent does not have the independent right of appeal.

23Americans Jack and Hongkong residentsZhaoSome in the mainland possessionThe gunBranch,AmmunitionPublic security menMemberCheckFirearmsBranch,Ammunition,ZhaoAViolence obstruct public security peopleMemberIn accordance with the lawHoldThat's okPostWu. Which one of the followingSaidLaw is correct?

A. all the crime baseLayerCourtThe trialConvicted of, because ofFor thePossession ofThe gunBranch,AmmunitionCrime and impede the publicWuIt does not belong to crime may be sentenced toAtLife imprisonment to torturePenaltyCase

B. Jack by the criminalLevelCourtThe trialSentenced,ZhaoA by the criminalLayerCourtThe trialSentenced

C. Jack by the criminalLevelCourtThe trialSentenced,ZhaoA byLevelThe court according to the specific circumstances of the case and decide whether or not to the baseLayerCourtThe trialSentenced

D. all the crime in theLevelCourtThe trialSentenced

   [answer] A

    [D] jurisdiction

    [analysis] Note: according to the2012The new provisions "Criminal Procedure Law", the answer with2011Ministry of Justice announced reference the answer is not the same.

   2012Years"Criminal Procedure Law" article20Article: "the following intermediate people's Court of jurisdiction of criminal cases of first instance: (a) to endanger national security, terrorism cases; (two) may be sentenced to life imprisonment, the death penalty cases."According to this provision, the foreigner crime by the grassroots people's court as the court of first instance, and soAXiang Zhengque. Be careful.Possession ofThe gunBranch,AmmunitionCrime does not belong to endanger national security cases (Criminal Law Chapter), but to harm public security cases (Criminal Law chapter second).

   If in accordance with the 1996 "Criminal Procedure Law" and the related judicial interpretation, then you should choose DItem.1996 "Criminal Procedure Law"Article20Article: "the following intermediate people's Court of jurisdiction of criminal cases of first instance: (a) counterrevolutionary cases, cases endangering State security; (two) the ordinary criminal cases punishable by life imprisonment, death penalty; (three) criminal cases involving crimes committed by foreigners."American Jack crime belongs to the criminal cases involving crimes committed by foreigners, according to the old law of criminal procedure should be under the jurisdiction of the intermediate people's court. "The Supreme People's Court on the implementation of 'of the people's Republic of China criminal procedure law interpretation of several issues"' FifthRegulations.A committed several crimes, common crime and other needs and trial of cases, as long as one or a crime under the jurisdiction of the people's court at a higher level to the jurisdiction of the people's court at a higher level, all."So whenThe correct answer to this question is the option D.

24 Kwak (16Years old) andRom.AHairStudents debateHold, beatenMinor wound, urged the court to initiate selfV.. CourtThe trialIn physics,Rom.A proposed,The trialSentencedMemberLi Mouceng before the courtContraryAntiGaugeAnd since theV.A fatherDearAnd the elder sister willSee, requesting withdrawal, but Guo MoufuDearAnd sister were notRecognizeThe matter. CourtLong afterThe trialCheckMake a Lee withdrawal decision. Who are the followingRightRequirementYesWithdrawal decisionInto theFor complexDiscussion?

A. Guo Mou

B. Guo fatherDear

C. Guo sister

D. Lee

   [answer] D

    [D] avoid the reconsideration decision

    [analysis] according to the Supreme People's Court on some problems in the implementation of "the people's Republic of China Criminal Procedure Law" interpretation of twenty-eighth: "decided to avoid staff to have the objection to the decision, it may apply for reconsideration in a recovery before the trial was rejected; apply for the withdrawal of the parties and their legal representatives have objections to the decision, can the application for a review." Visible, to avoid a reconsideration decision of the main right are: (1) decided to avoid personnel; (2) dismissed the application for withdrawal of the parties and the. In this case to avoid decisions have been made, it is only decided by the judicial officer judge Lee may apply for a reconsideration in the recovery before the trial. So D right.

   This review angle is very novel, past the judicial examination in criminal procedure. For avoiding the reconsideration of the knowledge points test, mostly avoid the application examines the parties and their legal representatives are rejected, the parties and their legal representatives shall have the right to apply for reconsideration. However, the 2011 act in a diametrically opposite way, turn examine court judges avoidance, decided to avoid personnel have the right to apply for reconsideration.

    Be careful.2012The new "criminal procedural law" on the avoidance only modifications is confirmed, "the defender, agent ad litem may request for reconsideration avoidance," according to the provisions of this chapter, confirm that the defenders and agents ad litem, also have the right to apply for withdrawal, apply for reconsideration, and the problem in the old criminal law is not clearly, so the criminal law judicial exam are in accordance with the "only the parties and their legal agents have the right to apply for withdrawal of talent, the defender, agent ad litem shall not have the right to apply for withdrawal" this knowledge to design. Henceforth, examine the knowledge will be changed to"The parties and their legal representatives, the defender, agent ad litem shall have the right to apply for withdrawal, apply for reconsideration".

25ZhangAPseudoBuild,VariableOfficial document,CardA seal case, which one of the followingCardIt belongs not only to the wordsWord cardAccording to, and to theBetweenJointCardAccording to?

A. forPseudoBuild,VariableOfficial document,CardParts, sealEquipment, tools

B.PseudoBuild,VariableOfficial documents made,CardParts, seal

C.ZhangA aRealShiPseudoBuild,VariableTheFor theConfession

D. criterionDon'tOfficial documents,CardMember, Yin ZhangzhenPseudoTheKamSetConclusion

   [answer] D

   [D] CardAccording to theClass

   [] according to analyticalCardAccording to the tableNowIn different forms, can beCardAccording to the pointsFor theWordsWord cardAccording to andRealMatterCardAccording to. Any tableNowPeopleChenThe words, namely to makeFor theTableNowFormCardIt is saidWord cardAccording to. Any tableNowGoods, and it hasCardAccording to priceValueTheThe bookA document, namelyRealThingsFor theTableNowFormCardIt isRealMatterCardAccording to. In the lawGaugeFixed severalCardAccording to,CardPeopleCardWords, the victimChenSaid, the suspect, defendant's confession andDebateSolutions are wordsWord cardAccording to. In addition,Should beWhen the note is,KamSetOpinionAlso sayWord cardAccording to. The reason is that,KamSetOpinionTheRealMatterIsKamPeople willKamSetCollegeThe doorThe problemHairTable of personal meaningSeeIn court, andThe trialScienceWhen theRequirementKamPeopleYesKamSetOpinionTo exportHeadSaidMing, and the court to answer the parties andDebateSupportHumanHairAsk. CanSeeIn this caseSelectedItemC andSelectedItemD belongs to the wordsWord cardAccording to.

   According to theCardAccording to the case and the main thingRealTheCardThe relationship of different, can beCardAccording to the DivisionFor theDirectCardAccording to andBetweenJointCardAccording to. DirectCardAccording toEnoughSingleAlone, directCardThe cases mainlyRealTheCardAccording to. The criminalLitigationIn the directCardIt mainly has: (1) the identification of criminalsChenThe; (2) the suspect, the defendant's confession andDebateSolution (3)The sceneMeshHammerRefers toRecognizeThe criminals andChenThe crimeTooProcessCardWords (4)RecordThe content of the crimeDocumentary evidence; (5) someTooThe prisonControlEquipmentPerturbationRecordCanEnoughAgainNowCrimeAfterTheAs theListenCapitalMaterial.BetweenJointCardIt is notSingleAlone, directCardThe criminal caseReal, and otherCardAccording toNodeHe canCardMingCardAccording to. CanSee,SelectedItemCZhangA aRealShiPseudoBuild,VariableTheFor theConfession, criminal suspects, defendants testimony andDebateThe solution, which belongs to the directCardAccording to. So thisQuestionsThe correct answer is D.

   Note: in 2012 the new "criminal procedural law" will have the evidence in the "conclusion" was renamed "expert opinion".

26.CardPeople guessTestSex,ReviewSex, inferentialCardWords, cannot beEvidenceAccording to the use of ", of which one of the followingCardAccording toRuleRequirement?

A.Rumors syndromeAccording toRule

B.SeeCardAccording toRule

C.ComplementStrongCardAccording toRule

The best D.CardAccording toRule

   [answer] B

    [D] criminalCardAccording toRule

   [analysis] criminalCardAccording toRuleIncluding: offJointSexRule, illegalCardAccording to excludeRuleThe voluntary confessionRule,Rumors syndromeAccording toRule, meaningSeeCardAccording toRule,ComplementStrongCardAccording toRuleAnd the bestCardAccording toRule.

   ThePredicateComplementStrongCardAccording toRule, is used to increaseStrongAnotherCardAccording toCardThe Ming forcesCardAccording to. The bestCardAccording toRule, also known asFor theOriginalCardAccording toRule, refers to the text, symbols,Fig.Shape etc.RecordContent toCardThe facts of the caseWhen theThe original is the bestCardAccording to. ItalySeeCardAccording toRule, refers toCardPeople can onlyChenThe oneselfDearPersonal feelings andExperienceThingsReal, and notChenTheYesTheThingsRealThe significance ofSeeOrConclusion.Rumors syndromeAccording toRule, also known asRumors syndromeAccording to excludeRuleThe law, exclusionRumors syndromeAccording toRecognizeA crimeRealAccording to theRule. According to theThisARuleIf not, the theorem by, anyone in the courtThe trialPeriodBetweenAddition and divisionThe trialQuasiPreparationPeriodBetweenOutsideChenThe, shall not beTo recognizeWill the defendant guiltyCardAccording to. CanSee,"CardPeople guessTestSex,ReviewSex, inferentialCardWords, cannot beEvidenceAccording to the use of "that is meaningSeeCardAccording toRuleThe specific application,SelectedItemB correctly.

   Rule of evidence is the evidence of the theoretical contents, theoretical, you only need to understand, will determine whether a statement which belongs to a kind of evidence rule requirements can be, without the need to achieve the memory depth can repeat a rule of evidence content.

About 27CardAccording to theThe trialCheckJudgment, which one of the followingSaidLaw is correct?

A. victim with physical defects,YesThe caseRealTheRecognizeThere are some difficulties and expressionHardTherefore, theChenThe are not admissible in any case

B. and the accused of conflicts of interestCardTo provideYesThe defendant adverseCardWords, in any case not admissible

C. the public security organs making arson case surveyCheck,CheckCheckPenRecordNo.SeeCardPeopleSignName, are not allowed to accept

　　D. searchCheckWon theTheKillOne case was not attached to searchCheckPenRecord, notCardMingTheA source, shall not be accepted

   [answer] D

    [center] of the applicable rules of criminal evidence

    [] "Regulations" analytical evidence in death penalty cases prescribed in article thirty-seventh for any of the following cases, the evidence should be used cautiously, with other evidence, can be adopted: (1) physically defective victims, witnesses and the accused, the spirit of people there, on the facts of the case of cognition and expression of the difficulties but not yet lost, correct cognition, the correct expression ability and make statements, testimony and confession; (2) and defendant by relatives or other closely related to witness for the defendant favorable testimony, or the defendant and witness the conflicts of interest in the defendant to the adverse. Visible option A, option B expression is too absolute, not in conformity with the provisions of existing laws in china.

    "Twenty-sixth rules" provisions of evidence in death penalty cases, record of investigation, inspection obvious not in conformity with the laws and the relevant provisions of the state, and can not make a reasonable explanation or description, can not be used as evidence. Record of investigation, checking the existence of an inquest or examination, no witness, witness inspection, inspectors and no signature, stamp, the personnel of an inquest or examination, violating the withdrawal provisions, should be combined with the cases of other evidence, examine the authenticity and relevance. Visible, inquest, inspection record did not witness signatures, not allowed admission. The C option is not correct.

    "Regulations" evidence in death penalty cases ninth paragraph first, after inspection, inspection, search, seizure of material evidence, documentary evidence extraction, is not accompanied by an inquest, inspection record, search record, extraction of record, list the seized goods, can not prove that the evidence, documentary evidence sources, can not be taken as a basis. Therefore, the search for the murder weapon, the evidence search extraction, not attached to search record, can not be taken as a basis, shall not be accepted. The correct option D.

   The new 2012 "Criminal Procedure Law"2010Two provisions enacted "" (namely "about some problems of exclusion of illegal evidence in handling criminal cases" and "Regulations on handling death penalty cases reviewed to determine the provisions of" evidence problems) on the part of the illegal evidence exclusion content, therefore, the "two rules of evidence" is still2012Examination candidates focus of the review, especially with the exclusionary provisions relating to.

28 in theRom.An arson case,MoneyA,SunAnd Wu 3 houses wereBurningDestroy. AThe trialWhen the,MoneyA andSunA file requiredRom.ACompensation for lossLoss ofBeltCivilLitigationWu did not the LordZhang. AThe trialAfter the judgment is pronounced, Wu MouyuLet LuoACompensation for property damageLoss. Which one of the followingSaidLaw is correct?

A. Wu Mouke file attachedBeltCivilLitigation

　　B. Wu not mention ofBeltCivilLitigationCan file a civil, criminal judgments after the entry into forceLitigation

C.Wu Mouke put forwardV.,PleaseFor the court in the twoThe trialProgram orderRom.A beCompensation

D. Wu can file a reportBeltCivilLitigation, also canSingleThe civilLitigation

   [answer] B

   [D] the supplementary civil action in criminal proceedings

    [analysis] according to the Supreme People's Court on some problems in the implementation of "the people's Republic of China Criminal Procedure Law" the eighty-ninth interpretation: "incidental civil action shall be filed in the future of criminal cases of first instance declared previously mentioned. Have the right to file an incidental civil action in the first instance by the people before the announcement did not mention, not to file an incidental civil action. But it can be a civil lawsuit in criminal ruling." B is the correct answer.

29 on the stageBetweenTheMeterCount, which one of the followingSaidLaw is correct?

A. because the defendants and suspensionThe trialThe periodBetween,MeterInto theThe trialA reasonable time limit

B. courtYesInitiate publicV.The caseInto theThat's okThe trialCheckThe term, notMeterInto theThe trialA reasonable time limit

The defendant asked the court to be designated C.DebateSupportLawDivision, self closingDiscussionThe court agreed and announced the extensionThe trialPhysical date until tenth day quasiPreparationDebateSupportTheTime,MeterInto theThe trialA reasonable time limit

　　D. because the parties andDebateSupportShenPlease callFetching newCardAccording to extensionThe trialA reasonable time limit, notMeterInto theThe trialA reasonable time limit

    Answer.D

    [D] period

    [analysis] "Supreme People's Court on the implementation<The criminal procedure law of the people's Republic of China>A number of issues of interpretation "of article181Article3Paragraph: "to suspend the trial after the disappearance, shall resume the hearing. To suspend the trial period are not included in the trial period". Visible, optionsAPresentation error.

    "The Supreme People's Court on the implementation of<The criminal procedure law of the people's Republic of China>A number of issues of interpretation "of article118Article: "the people's court for a case of public prosecution in accordance with the ordinary procedure, decide whether or not to accept, should be in the7Complete the examination days. The people's Procuratorate public prosecution suggestion according to the summary procedure, decide whether or not to accept, should be in the3Complete the examination days. The people's court for prosecution review period, included in the people's court trial period". Visible, optionsBError.

    "The Supreme People's Court on the implementation of<The criminal procedure law of the people's Republic of China>A number of issues of interpretation "of article164Article: "the defendant in accordance with the relevant provisions of the court to the defendant refused to defend, the collegial panel shall permit. If the defendant requests entrust another defender, the collegial panel shall announce the postponement of the hearing, the defendant shall entrust another defender or the people's court shall be separately specified for the defense lawyer". Article165Article2Paragraph: "in accordance with the interpretation of article164A, the article1,2Paragraph entrust, specify the counsel or attorney, since the case announced the postponement of the hearing date to the10Date, time to prepare his defense is not included in the time limit". So the optionCIs not correct.

    "The Supreme People's Court on the implementation of<The criminal procedure law of the people's Republic of China>A number of issues of interpretation "of article156Stipulates that: "the parties and counsel for the summon new witnesses, collect new evidence, to apply for re identification or inspection, shall provide the witness's name, location of the evidence, to prove the facts of the case, the request to the identification or inspection reason. The judicial personnel according to the specific circumstances, that may affect the case facts, should agree to the application, and announced the postponement of the hearing; do not agree, should inform the reason and continue the trial. In accordance with the provisions of the preceding paragraph shall adjourn the trial time shall not exceed1Months, deferred trial time not included in the time limit". "The Supreme People's Court on the strict implementation of trial period system" provisions of article9Article(Five)Paragraph: "because the parties, agents, counsel for the summon new witnesses, collect new evidence, to apply for re identification or investigation, the court decided to postpone the hearing1During the months, not included in the trial, the implementation period". Accordingly, because the parties and counsel to apply for and obtain new evidences and deferred trial period, shall not exceed1Months, not included in the trial period. The optionsDThe correct answer is.

The 30 cityCheckPolice academyYesLuA suspicionBriberyCaseInto theFor filingInvestigationCheck. Master relevantCardAccording to,CheckCha yuan according to lawYesLuAInto theThat's okSummon.LuAHearing the newsAbscond, whereabouts unknown. Which one of the followingSaidLaw is correct?

A. meets passJiConditions, byTheCity public security organs to passJiDecision

　　B. meets passJiConditions, byTheCityCheckPolice academyNewspaperPleaseA decisionRightOn theClass testCha yuan to passJiDecision

C. meets passJiConditions, byTheCityCheckPolice academyNewspaperPleaseAClass testPolice academyHairBoutonJiMake

D. does not meetJiConditions,CheckPolice academyHairClothCoCheckPassNewspaper

   [answer] B

    [D]

    [analysis] "the people's Procuratorate rules of criminal procedure" 217th stipulates: "the people's procuratorates at all levels need to be in this area to arrest a criminal suspect, can directly determine wanted; needs in this area outside wanted suspects, by a superior people's Procuratorate discretion decide" Procuratorate in this case decided according to Lu Mou was summoned. Lu Mou quickly escape, whereabouts unknown, that Lu Mou has not placed on file for investigation of the Procuratorate within its jurisdiction, so the procuratorate did not have the authority to make decisions and wanted, should be the city procuratorate report entitled higher procuratorate make wanted decision. The option B is correct.

   Of course, this problem is not very serious. Because according to the "rules" of people's Procuratorate criminal procedure 216thRegulations.Investigation of cases directly accepted by the people's Procuratorate, criminal suspect who should be arrested on the run, or had been arrested suspects escape, with the approval of the chief procurator, can make the decision, "wanted to make visible in this case depends on the case's wanted a should be arrested, but in this case the case is not available to explain Lu Mou should arrest, arrest conditions" have evidence to prove the facts of the crime, may be sentenced penalty above, take bail is insufficient to prevent the occurrence of danger to society ", therefore, the given case, DAlso likely to be correct.

The 31 victimYesIn theCheckProsecutors decide notV.Refusing to accept the decision and in 7 days to applyV.When the, which one of the followingSaidLaw is correct?

A. made the decisionCheckThe hospital accepted the applicationV.

B. and decisionCheckCha yuanYesShould beThe court accepted the applicationV.

The file C.V.The sameWhen theAnd to the courtV.CourtShould beRuleBargeBack upV.

The file D.V.After the withdrawal, can to the courtV.

    Answer.D

    [D] victims for not to prosecute Shen Suquan

    [analysis] "people's Procuratorate criminal rules" article295A: "not to prosecute decision shall be served to the entity victims or their close relatives and his agent ad litem, is not to be prosecuted and not being accused of. On arrival, shall inform victims or their close relatives and his agent ad litem, if not satisfied with the decision sorry v., after receipt of the decision not to prosecute book7Days to the people's Procuratorate at the next higher level appeal, can also be without complaint, directly to the people's court; informed according to the criminal procedure law article142Article2Paragraph is not to prosecute the person, if not satisfied with the decision sorry v., after receipt of the decision not to prosecute book7On the petition to the people's Procuratorate within." Visible, the main complaint about the acceptance of non prosecution is the people's Procuratorate at a higher level, soA,BItem is wrong.

    2012The new "criminal procedural law" article176A: "for the victims, decided not to prosecute, the people's Procuratorate shall make a decision not to initiate a prosecution in writing to the victim. If the victim may, after receipt of the written decision7Days to the people's Procuratorate at the next higher level appeal, request prosecution. The people's Procuratorate shall notify the victim will review. If the people's Procuratorate upholds the decision not to initiate a prosecution, the victim may bring a lawsuit to a people's court. The victim may also without complaint, directly to the people's court. The people's court has accepted the case, the people's Procuratorate shall submit the materials related to the case to the people's court." "The people's Procuratorate rules" in criminal procedure302Article: "the people's Procuratorate received people's court accepts the victim to the notice was not to prosecute prosecution, the people's Procuratorate shall terminate the review, will make the relevant materials of the case the decision not to initiate a prosecution according to the people's court." Thus.CAt the same time, the victim appeal again to the court, the people's Procuratorate received people's court accepts the victim to the notice was not to prosecute prosecution, shall terminate the review, will make the relevant materials of the case the decision not to initiate a prosecution according to the people's court.

    DXiang Zhengque. The victim for not to prosecute both to the upper level of the prosecutor's appeal power, also directly to the court the power to prosecute to the court, and the power is not lost because the proposed complaints.

32The trialSentencedLongIn courtThe trialScienceTooCheng ZhongtuHairThe heartDirtyDisease, cannotGo aheadParticipationThe trialSentenced to designate other, in an out of court settlementThe trialJudgeMemberTo participate in theThe trialSentenced. CourtLongWhich one of the following is true?   

   A. assigned to a companyThe auditorTo serve asThe trialSentencedLongReThe trialScience

B. appointed aThe trialSentencedMemberTo serve asThe trialSentencedLongContinue to reviewScience

C. assigned to a companyThe auditorAnd specify the original coDiscussionThe court aThe trialSentencedMemberTo serve asThe trialSentencedLongContinue to reviewScience

D. specifies aThe trialSentencedMemberTo serve asThe trialSentencedLongReThe trialScience

   [answer] D

   [D] the collegial panel principle

   [analysis] this problem no law basis, examination is the focus principle of the trial court. Centralized trial principle, also known as the uninterrupted trial principle, refers to "the court case, shall be carried out continuously without changing the judicial personnel condition, may not be the law principle interrupt trial". One of the principle contents are members of the court (including judges and jurors) can not be replaced. For members of the court was unable to continue the trial, should be replaced by alternate judges, always present alternate jurors. If there is no enough judges, jurors can be replaced, you should re trial. This is the principle of direct request. Because the participation decision made by the judges, jurors must be involved in the case of the whole trial activities, contact with all the evidence, fully listen to the court debate, or no to form a comprehensive understanding of the case and make a fair decision. In this case, because the judge had a heart attack, unable to continue the trial in court, to designate other judges in the trial. Therefore, the answer is D.

    The centralized trial principle, the principle of direct and verbal trial principle, the principle of debate and so on, which belongs to the pure theoretical contents, the students only need to understand and be able to determine if a provision reflects what is the principle of trial requirements can be, without the need to achieve memory degree can repeat each trial principle specific content.

33ZhaoA suspectedRobRobbery crime is caughtWon theThe crimeWhen theNotFull of18 weeksYears old, casesV.To the courtWhen theHave yearsFull of18 weeksYears old. Which one of the followingSaidLaw is correct?

A. this case the juvenile courtThe trialScience

B.YesZhaoA privateThe trialScience

C.YesZhaoAInto theThat's okThe trialSentence, his legal representative may be notified to theField

D.YesZhaoAInto theThat's okThe trialSentenced,Should beWhen notifying theThe prisonSupportPeople toField

        [answer] A

    [D] the minor criminal casesLitigationThe unique original programThen

   [analysis] "the Supreme People's Court on theThe trialTheory of minor criminal cases severalGauge"Article tenthGaugeFixed: "juvenile court accepts the caseWei: (a) defendantRealThe alleged crimeWhen theNo.Full of18 weeksYears oldThe case; (two) defendantRealThe alleged crimeWhen theNo.Full of18 weeksYears old, and chargedFor theThe common principal ringleaders of criminal cases. Other common criminal cases of juvenile defendants, or other related criminal cases of minors by the juvenile courtThe trialScience, by the people's courtLongAccording to the work of the juvenile courtActualDecision."ZhaoA crimeWhen theNo.Full of18 weeksYears oldThe juvenile court, in accordance with the caseWei,Should beA juvenile courtThe trialScience, soSelectedItemA correctly.

   "The Supreme People's Court on theThe trialTheory of minor criminal cases severalGauge"Article eleventhGaugeSet:"YesIn courtThe trialScienceWhen theNo.Full of16 weeksYears oldThe minor criminal cases, will not openThe trialScience.YesIn courtThe trialScienceWhen theNo.Full of18 weeksYears oldThe minor criminal cases, generally do not openThe trialScience. If it is necessary to openThe trialThe reason, willMust beAfterThe AcademyLongThe approval, andShould beLimit the number and scope of auditWei." In this caseV.To the courtWhen theZhaoSome haveAfterYearsFull of18 weeksYears old, inconsistent with the publicThe trialPhysical condition, so theShouldOpenThe trialScience.SelectedItemBError.

   "The Supreme People's Court on theThe trialTheory of minor criminal cases severalGauge"Article nineteenthGaugeFixed: "the courtThe trialBefore,Should beWhen the notice of the juvenile defendants legal agent to appear in court. The statutory agent or is unable to appear in courtRealNot suitable to appear in court,Should beNotice the otherThe prisonSupportPerson or other adult closeDearBelongs to the court.AfterNotice, the otherThe prisonSupportOr adult closeDearIs not to appear in court, the people's courtShould beWhen theNoteRecordIn the volume." In 2012 the new "criminal procedural law" the 270th paragraph first also has similar provisions:"For minor criminal cases, at the time of interrogation and trial, it shall notify the juvenile criminal suspects, the legal representative of the defendant at. Unable to inform, legal agent cannot be present or legal representative is the accomplice, other adult relatives may also notify the juvenile criminal suspects, defendants, on behalf of the local schools, units, place of residence or juvenile protection organizations of the scene, and the relevant record. Present legal representative may exercise the juvenile criminal suspects, the defendant's litigation rights." According to the above provisions, the first,ShouldTo make clearYesMinorsInto theThat's okThe trialSentenced,YesTo inform the legal agent orThe prisonSupportAnd the other nearDearThe genusThe problemOn the lawGaugeMust be"Should beWhen "instead of" may "; thirdly, the legalAgentPeopleOptimalIn theThe prisonSupportAnd the other nearDearGenus, only in the legal agent or is unable to appear in courtRealNot suitable to appear in court, just noticeThe prisonSupportPeople or other closeDearGenus. ThusSee,SelectedItemC,SelectedItemD statements are not correct.

34 City CourtThe trialIn the city the drunkenDrivingThe carCriminal case. Which one of the followingSaidLaw is correct?

A.The trialSentencedLongCan askPleaseTribunalLongGroupFabricRelevantThe trialJudgeMemberCommonDiscussion

B. courtLongCan the LordDynamicGroupFabricRelevantThe trialJudgeMemberCommonDiscussionAnd make a decision

C. TribunalLongIn accordance with theGaugeSetGroupFabricRelevantThe trialJudgeMemberCommonDiscussionThe formation of meaningSee toHeDiscussionCourtAboutBeam power

D. courtLongThe court may orderLongGroupFabricRelevantThe trialJudgeMemberCommonDiscussion

   [answer] A

    [D] trial organization

    [analysis] according to "the Supreme People's Court on the further strengthening of a number of provisions" the responsibilities of the collegiate bench seventh provisions: "in addition to the judicial committee of the case, the collegial panel formed the majority cases to comment or decision according to law or agreement, decision. The following cases may be tried by the president or the president decided to organize the related judicial staff to discuss, the members of the collegial panel shall participate in: (a) major, difficult, complicated or new cases; (two) there are significant differences in the court of the facts or legal application of the case; (three) and the court college or higher court before the same type of the adjudication of the case may not be the same case; (four) the parties reflect strong group disputes; (five) the presiding judge to draw and if the president or the chief judge deems it necessary to discuss the case. The discussion of the case for reference opinions of collegiate bench, does not affect the collegiate bench judgment according to law."

    In 2011 the formal implementation of the criminal law amendment eight drunk driving into the punishment, visible, drunk driving criminal cases belong to a new type of case, may be tried by the president or the president decided to organize relevant personnel to discuss the trial. Thus, the option A statements are true. Other options for the wrong in new cases to discuss the start is the presiding judge, discuss, the president no active organization or command organization.

35The auditorIn the case of WangThe trialSentenced. DefendantDebateSupportThe defendants have legitimate anti courtWeiAnd surrenderFestival,V.People denied,PleaseHeDiscussionThe court shall not be accepted,The trialSentencedLongNotInto theThat's okAdjustableCheck. WangYesThe trialSentencedLongNo signInquiryHeDiscussionOther into court