1, Shimou, male, Americans, a staff member of the government, in May 14, 2001 as a tourist identity to China tourism, June 3rd, was a ride in the Chinese airline flight to Singapore on the way, for trifles and neighbour one Italian dispute, then the right eye blindness with each other by flights of plastics fork. With regard to the case of China's criminal law is applicable, the following statement is true: (D)

Criminal acts A. this case is a foreigner, then the victim for foreigners. The personal jurisdiction principle does not apply to China's criminal law in accordance with the

Personnel involved in the B. in the case of a foreign government employees, in accordance with international law enjoy diplomatic privileges and immunities, and as the case does not apply to the criminal law of our country

C. the principle of territorial jurisdiction in accordance with certain, if carried out the attack, the aircraft is being China airspace, the case shall be subject to the criminal law of our country, if in his country over apply the laws of his country

D. was a homicide occurred in Chinese aircraft, is in China criminal law field effect range against Chinese criminal law, criminal law should be in accordance with the China punished

 

2, the following options meet is the doctrine of the criminal law in our country: (C)

A. Zhang, in September 28, 1997 for engaging in "play the market" behavior is a basic people's court in 79 years at the first trial of the crime of criminal law play the market; effective October 1st new criminal law, the crime of cancel play the market; Zhang in October 2nd was to apply the new criminal law commuted innocence by appeal to the intermediate people's court. The court held that, in this case from the old method that is applicable to Zhang behavior criminal law 79 years of criminal law, the judgment is correct, dismissed the appeal

B. Lee, from 1995 to 1996 the repeated theft of many ordinary property, if the amount involved is especially huge, in 1997 February by the court of First Instance sentenced to death with a two-year reprieve, Lee appeals court upheld, March 1st. Effective October 1st new criminal law, general provisions of larceny no longer apply death penalty. Lee in October 5th proposed retrial, requirements in accordance with new criminal law to reduce its punishment. The court of retrial in the light for the law to be commuted to life imprisonment

C. Wang, May 11, 2003 was the isolation hospital diagnosed with atypical pneumonia, but the fear of isolation in hospital May 13th smashed glass window fled home, resulting in the residential area of 43 infected people. In May 14th the Supreme People's court, the Supreme People's Procuratorate issued judicial interpretation, in this case for negligence to the crime of endangering public safety, effective 15 days, the people's court and sentenced to judicial interpretation of Wang fault in the crime of endangering public safety

D. sun, for theft and was sentenced to 3 years in prison, released from prison in May 1995, 1999 May sun and robbery crime should be sentenced to. But the court to the sun if recidivism dispute. 79 years before the entry into force of the provisions of the criminal code of October 1, 1997 recidivism is the punishment has been completely executed within three years of having committed a crime; and the new criminal law recidivist is within five years of having committed a crime. In view of the fact that in the new criminal law recidivist Sunmou not conducive to Sunmou I, sentences is light, and in accordance with the law court light sun does not constitute recidivism

 

3, in accordance with the relevant provisions of the criminal law of our country, crime consists of the following situations: (B)

A. Huang, 1986 was born in May, in 2001 June together with the application for a three (dealt with) the neighbor's child kidnapping ransom was criminal detention

B. Lin, shall be equipped with guns for official, to drive home a day after getting drunk, and there was a tractor for fault stopped in the middle of the road, get off and tractor drivers dispute and quarrel, then pulled out guns to shoot to death

C. Yang, migrant workers, from Xinjiang by train to go home, because the car condition is bad and suffering from "travel psychosis", always suspicious of his neighbour to persecution, rob their belongings, be to minor injuries

D. children, juvenile delinquents, 1985 was born in November, in 1999 September to steal diamond ring, the value of 35000 yuan, in 2000 June and is engaged in the act of theft, stolen a wallet in others, 59.5 yuan

 

4, Hu, 27 years old, very much like the neighbor boy of 4 years old jack. One day, Hu Xiaoqiang to a bridge to play, Humou with Jack Bauer's hands will be suspended from the top place, make fun of to throw him into the river, Jack Bauer shouted "fear" and struggle, Hu Xiaoqiang hand slipped, fell into the river, Hu quickly to save. Jack Bauer has been drowning death. From the criminal law theory, Humou to Xiaotao death results what is holding in the subjective elements of the mental attitude? (C)

A. indirect intent

B. negligence

C. overconfident negligence

D. accident

 

5, a desire to kill B, then B in lunch boxes put poison, but a that B will feed B at the dinner table's three year old son to eat, a hug "poison B best, poisoned B son or" idea, node B and B's son was poisoned. A pair of poisoned B son attitude is: (C)

A. direct intention  

B. negligence 

C. indirect intent  

D. overconfident negligence

 

6, some armour and neighbors quarrel because of trivial B, B gas towards a right eye a punch, that is to return a house, after up to B in a punch, a B fell dead. The autopsy found B spleen unusually fragile, vulnerable and failure, B is died. The behavior of a property in this case is: (D)

A. constitute the crime of intentional homicide

B. constitutes a crime of negligence causing death

C. constitute intentional injury causing death  

D. was an accident, not a crime

 

7, Zhang intent to kill Lee, a day late in a hospital from Li, and unlocked the door saw a shadow moving in, that is Li, and gun, the next day we know the dead not Lee, a head of cattle but Li Moujiazhong. Zhang (A)

A. for the attempted murder of responsibility

B. accidental events do not bear criminal responsibility

C. responsible for negligent homicide responsibility

D. because of its behavior caused no Lee damage, he shall not bear criminal responsibility

 

 

8, A and B in a mall before stopped C ready money, because the more difficult to start. Just E pass here, because E and A, B, E on A, B said: "here you have a death wish their hands, ah. To start should also find a remote place." Results A, B to E, the C hijacked to a secluded place, taking C's money. E in this crime: (D)

A. is the principal

B. is an accomplice

C. is the instigator

D. does not constitute a crime

 

9, about the common crime, the following statement is true: (D)

A. sun abetting 15 years old Wu engaged in theft, stolen property worth 8000 yuan, this case sun is the instigator, is also the principal, Wu is an accessory

B. is a common crime, if there is one, then there must be an accessory, not only the principal without accessory situation

C. Jeong wanted revenge Wang, to Wang cup for drinking in put laxative; Zheng's intention is a Meng Meng Mou and Wang Mouyi awareness, enmity, wants to take the Wang Mou to death, then secretly to Zheng laxative for arsenic. The results of Wang Chung into the drinking cup "laxative" (actually arsenic) and blindness. In this case, Zheng Wang constitute common crime

D. student a high and members of a theft group to pay a certain often play and mutual understanding, a day to pay a certain invited a high go high crime, a timid dare not go, but the group "the boss" Luomou afraid things leakage, must Lagaomou "water", as a "threat if you don't go killed his entire family", a high not to travel together, share the booty 700 yuan. This case should be in accordance with the high of a criminal plot a mitigated punishment or be exempted from punishment

 

10, B in order to avoid the knife robber a chase, a resident in a corner kick the door into the alley to avoid misfortune, the door after knocked an old lady in the cause of leg fracture. The behavior of a which B (D)

A. justifiable defense  

B. emergency  

C. negligence crime 

D. accident

 

11, Zhang from the neighbor boy he coaxed the door lock, which are molded and imitation, is the key. One day Zhang took the imitation of the keys to open the door to steal attempt Xiaowei home, because a key imitation not, did not succeed, ready to go home after processing to continue committing crimes, were arrested. Belongs to the behavior of Zhang (C)

A. preparatory crime  

B. discontinuation of a crime  

C. attempted crime

D, do not constitute a crime

 

12, because Lee private deliberately killed yang. One day, Lee in Yang home to the shooting, but missed. At this time, Lee is still 3 cartridges, but was afraid of his crimes, and stop shooting. Lee's behavior is (B)

A. attempted crime  

B. discontinuation of a crime  

C. general illegal behavior  

D. accident

 

13, Wang and married Lee sexual, Lee for her husband scolded, and Wang Mou to break off the relationship, Wang grudge. One afternoon, Wang Li lie to her apartment to kill, that night and sneaked into the Li Mou will her husband killed. Wang of the criminal law act in which the phenomenon of crime? (C)

A. the imaginative joinder of offenses

B. continue to make

C. continuous offence

D. implicated offense

 

14, Zhao intent of theft of property, saw a handbag, take it away, returned home and opened only to find there are 2500 yuan, pistol, were already accounted for. The provisions of the criminal law of theft, theft of firearms and illegal holding gun crime, if Zhao knew in theft package with a gun, the theft of firearms. For this case, the following statement is correct: (B)

Intentional A. Zhao theft purse is stolen property, theft of firearms intentionally saw guns in open briefcase after generated, so in this case the Zhao should also constitute theft of firearms

Intentional B. Zhao theft purse is stolen property, deliberately do not have stolen guns, the intentional content is illegal possession of firearms, not theft

C. Zhao this action also meet the theft and theft of firearms of two elements of the crime, but because it is a behavior (theft) violated the two charges, so it is the imaginative joinder of offenses

D. if the Zhao this act of theft and illegal holding guns sin two sin, then in the case of view, the relationship between the two crimes is implicated offense

 

15, Chen was the people's court sentenced to 5 years in prison for the crime of intentional injury. In prison, but was released on parole for meritorious services. The probation the expiry date, several friends invited Chen banquet to celebrate his rebirth into a hotel, Chen drink more. After dinner, Chen drove home, on the way to hit a pedestrian, Chen get off one person has been killed, wine suddenly awakened, driving away, after being seized. On Chen's behavior should be how to deal with? (C)

A. shall be given a heavier punishment in accordance with the recidivist

B. in accordance with the aggravated punishment for recidivist

C. if Chen was sentenced to the crime of intentional injury is Chen probation, probation after expiration of new crime does not constitute recidivism

D. this case the parole shall be revoked in accordance with the combined punishment for several crimes, in decreasing and principle of punishment

 

16, Zhao together with the crime of theft by the people's court sentenced to 3 years in prison, the people's court considering Zhao set positive gains and denounce others crime sentencing decisions, probation 3 years. Shortly after the expiration of probation, judiciary seized Zhao in the probation period, and stole about $5000 worth of yuan belongings. The Zhao should be how to deal with? (C)

A. does not rescind the original judgment pronounced on probation, shall be given a heavier punishment to crime of theft

B. does not rescind the original judgment pronounced on probation, shall be given a heavier punishment to recidivist

C. cassation declared probation, in accordance with the criminal law punishment

D. cassation declared probation, before and after the crime crime "first decreased and then add"

 

17, Wu was sentenced to the death penalty was suspended for two years, in July 27, 1998 the test period, the prison on the day reported dying slowly reduced to life imprisonment materials. Two days later on July 29th, Wu same Jianshe Zheng the Zheng without reproach him playing deaf in one ear. Wu should be how to deal with? (C)

A. submitted to the Supreme People's court approved the death penalty
BThe higher people's court shall be reported to the local approval. The death penalty
C. the sentence to life imprisonment and punishment of the crime of graft injury
DThe withdrawal of commutation. Material, to extend the probation period

18, the procuratorial organs in the investigation of a corruption case, find the witness Wang know. At the end of the conversation, investigation personnel by the way: "you have no need to say clearly?" Wang stammered, investigators looked at policy education. Wang Mousui confessed his crime of bribery 50000 yuan, and provides the unit leader Lee bribery clues. The anti-corruption and bribery bureau investigation, uncovering the big case Lee million bribe in 60. According to the criminal law of the crime of bribery, Wang sentencing should be how to deal with? (B)

A. shall be given a lighter or mitigated punishment
BShould be mitigated punishment or be exempted from punishment
CMay be mitigated or exempted from punishment
DMay be given a lighter or mitigated punishment

 

19, Chen if the victim is severely injured in the robbery, court to robbery sentenced Chen to 15 years in prison, and fined 50000 yuan, compensation for the victim's economic loss of 50000 yuan. Via checking, Chen's personal property is only 80000 yuan, how to implement the property part of this decision shall be? (C)

A. fines and compensation for economic losses to Chen existing property in equal proportion and execution

B. the first implementation of a fine of 50000 yuan, 30000 yuan compensation to the victims of the remaining

C. first executive compensation for economic loss of 50000 yuan, 30000 yuan remaining as the execution of fine penalty

D. the first implementation of a fine of 50000 yuan, the economic compensation to the insufficient part, Chen prison continue to perform the obligation of compensation

 

The 20, which one of the following situations shall be subject to prosecution deadline? (C)

After A. accepted a prosecution of a homogeneous soup injury cases in the people's court, a soup home at all

B. Cong from abroad and not within the statutory time limit on the clock one insult case charges

C. Xue a report to the public security organs, claimed to have been robbed, because Xue a talk incoherent, security personnel to report suspected without filing

D. Qin Mou that their common fraud Lee captured by the public security organs to escape residence hiding

21, the discipline of a 14 birthday that day under the popular family put the rope around another child, passers-by a million saw does not stop, watched the discipline of a child strangled. The following statement is true: (CD)

A. in this case a million of offense of nontypical omission

B. period and a million joint crime

C. period does not bear criminal responsibility, has not reached the age of criminal responsibility

D. a million does not constitute a crime

 

22 which of the following circumstances, the establishment of common crime? (ACD)
A.A and B are conspiracy to kill Jie Shiyi, but because of illness did not go to the place of crime, by a one person killed C
B.A in overseas purchase drugs, B a lot of obscene goods, buy outside then, two people conspire to employ a smuggling ship back to the mainland, was seized by customs
C.A found a store after the fire, immediately ask B: "now is a good time to fish in troubled waters, we go!" B willWent to fire place and armour, stolen goods back to their own home

D.The doctor a deliberately will increase dosage 10 times, after the discovery of a doctor nurse B please correct, the doctor said: "that guy (refers to the risk of
') too bad, he died for me." B did not answer, according to a prescription to the patient, resulting in patients with death
Death

 

23, in the following cases, belonging to the recidivism is (AC)

A. Zhang 1986 robbery was sentenced to 8 years in 1994, when released, no industry to do, then repeatedly stolen bike stolen goods, 1996 was arrested on the spot, after the people's court sentenced to 3 years in prison

B. Wu theft by neighbor Wang report, sentenced to criminal detention, when released at home in the evening, grew more and more gas, grabbed the knife went straight to Wang, Wang is the door to eat, Wu rushed rushed, one "mother, you have a death wish! "The knife to cut to Wang Mou, Wang Mou Dodge, who in a few knives and died on the spot.

C. river for the crime of endangering national security and served five years in prison, released from prison. 12 years later, because of business bankruptcy, and participate in the spy organization again for activities endangering State security.

D. Liu for theft and served 3 years in prison, released from prison back after the plant fought many times, by leading critics, second years, because he put a dormitory fire, Liu is also trying to save, still to the factory bring loss of 80000 yuan.

 

24, listed options in which behavior belong to attempted crime? (AB)

A. man into herbal financial room is in prize safe, he hears someone moving, that were found, ran

B. B with a shotgun aimed for a week is to ride a horse, to be killed, shot after the escape, the horses killed Zhou negative minor injuries

C. implementation of a C incite people to resist the laws of the state, by the masses to the public security organs

D. a ding in the hotel to steal in Lee's storage card, and Lee to the goods after the case of Li Mouzheng, looking for a card, Ding fear things he said he had just found a storage card, and then out of the pocket to Lee

 

25, some still in control during the execution of Pei Pei, one of which of the following is in breach of regulations behavior? (ABC)

A. and others wrote a "stock market participation skills", published under the pseudonym

B. quietly back home in Yunnan for a funeral for his father

People often go to C.'s home, come and go very suspicious, and never report

D. every day to buy a stack of newspapers back home, I do not know what to do

Three, the case analysis test 26-27 as a case study. (this part is 40 points, 20 points for each question)

26, a three chance to pass by a house, see the house compound, is very rich, and the theft of Italy, home and Lee four talk, Li Si said, "you want me to help you is the director, as you do! "But Zhang San felt less manpower is not easy, told Li Si to pull. Li Si found his king five, said to steal a home, Wang Wu readily agreed to. Five and the king went to Zhao Liu, but Zhao six does not stem, Wang Wu Sun Qi instigated by Zhao Liu's son to minor injuries, and threatened six Zhao said, "if you don't do careful family life! "Zhao Liu may not have been, had to agree. That night, Zhang San, Li Si, Wang Wu, Zhao Liu four went to a home for fear of theft, Lee four caught to excuse the toilet and escaped, only Zhang San, Wang Wu, Zhao Liusan. Zhang San burglaries, Wang five help, Zhao Liu sentry, stolen property worth sixty thousand yuan. Because of the fear of escape Li Si walked through the wind, to four thousand or five thousand Yuan Li, Li Siyi accepted; Zhao Liu take the initiative to give up the spoils, but that won't say a word; the rest of the Zhang San, Wang Wu two people. Four people were arrested after. Q: (1) Wang Wu Sun Qi instigated by Zhao Liu's son to minor injuries, Wang Wu in the case of intentional injury in what position? How should be the punishment? (6 points)

Wang Wu in the case of intentional injury in the instigator (2 points).

The definition of instigator (2 points): instigator is deliberately inciting others to commit the crime, or deliberately cause others to criminal intentions. The essential feature of crime that he incited others to the crime, but he does not directly committing a crime, the criminal intention is through the crime instigated to achieve.

Penalty (2 points): who instigates others to commit a crime, shall be punished according to the role he plays in a joint crime. This is the instigator penalty principle, therefore, the instigator plays a principal role in a joint crime is the principal, played a secondary role is an accessory. Instigates a person under the age of 18 crimes, shall be given a heavier punishment. If the instigated person does not commit the instigated crime, the instigator, may be given a lighter or mitigated punishment. In this case the instigator Wang Wu should be identified as the principal of the crime of intentional injury.

(2) Li Si is Zhang San, Wang Wu, Zhao Liu is the three theft crime accomplice, why?

Li Si constitute accomplice (2 points).

The definition of common crime (1 points): the common criminal acts, implementation, organization, instigate, help. The joint criminal intention, two layers of meaning: each have the criminal intent of the crime; the accomplice exist meaning contact directly.

Specific analysis (2 points): a common intent, common behavior, in this case Li four not proceed with the implementation of theft, but the liaison, loot, the existing common theft.

(3) Zhang San, Wang Wu, Zhao Liu respectively in what position in this theft crime in the criminal law, how to bear criminal responsibility? (9

3) Zhang San: principal. (1) the specific analysis (1 points). Penalty (1 points): Zhang San as the principal, shall participate in or organize, command of all criminal punishment.

Wang five: accessory. (1) the specific analysis (1 points). Penalty (1 points): the accessory king five, shall be given a lighter, mitigated punishment or be exempted from punishment. Criminal responsibility is the principal accessory criminal responsibility for the comparison, the penalty should be lighter than principal.

Zhao Liu: the coerced offender. (1) the specific analysis (1 points). Penalty (1 points): for the coerced offender Zhao six, should be in accordance with the circumstances of his crime, mitigated punishment or be exempted from punishment.

27, because Wang has committed the crime of intentional injury by the people's court sentenced to 15 years in prison, serving 9 years in prison on parole. During the probation period of third years, Wang stealing a car and was not found. The probation after the expiration of fourth years, Wang Mou is arrested for robbery, theft confessed himself during the probation period for motor behavior. Ask:

(1) of Wang still need to revoke parole? Why? (5 points

(1) Wang should be revoked parole. (2 points)

According to the "criminal law" provisions of article eighty-sixth, the criminals are on parole, the new crime and crime during the probation period, the parole shall be revoked in accordance with the provisions of the criminal law "," crimes of article seventy-first. (1 points)

Specific analysis (2 points): Wang was sentenced to 20 years in prison, 13 years on parole, the probation period is 7 years, Wang Mou on parole after sixth years new crime, "criminal law" in accordance with the provisions of article eighty-sixth of the new crime and crime during the probation period. Wang Grand Theft Auto, a huge amount, although the theft act fifth years after the crime was discovered, are clearly not exceeding the limitation of prosecution, so Wang should be in accordance with the provisions of the criminal law "eighty-sixth article" parole revocation, the combined punishment for several crimes.

2) the case whether Wang constitute recidivism, how to punish? Wang Mou to explain the behavior of stealing a car can be identified as surrender, how to punish? (10 points)

Wang constitute recidivism. (1) the general definition of recidivism (1 points): recidivism, refers to a criminal penalty is finished or pardon, some new crimes committed under certain conditions. A criminal element sentenced to fixed-term sentence or more severe punishment, punishment is finished or pardon, the recidivism within three years shall be sentenced to the punishment of sin, it belongs to the general recidivism. Specific analysis (2 points): according to the "criminal law" the provisions of article sixty-fifth, Wang during the probation period for fourth years after the robbery. Penalty (1 points): shall be given a heavier punishment of recidivism.

Wang theft constituted voluntary surrender (1 points). Surrender is defined (1 points): criminals voluntarily surrender after committing a crime,, truthfully confesses his crime, and accept the examination and judgment, is to surrender. Specific analysis (2 points): Wang theft account of himself in the judiciary has not yet mastered case ", according to the provisions of the criminal law" in article sixty-seventh, should be to surrender. Penalty (1 points): in the theft of the sentence, he may be given a lighter or mitigated punishment.

(3) based on the principle of combined punishment for several crimes in criminal law, in the case of Wang in the penalty discretion should be how to punish? (5 points)

 

(3) theft first decreased and then add (3 points): Wang finally determine the penalty when, should first theft penalty and the former crime not completed the execution of penalty according to the provisions of the criminal law "," sixty-ninth of the combined punishment for several crimes, should be the implementation of the penalty decision. Robbery with the decrease (2 points): then the robbery to make a decision, the robbery the penalty and the execution of the penalty punishment determined, according to the "criminal law" in article sixty-ninth, the combined punishment for several crimes.

Four, the test 28 questions. (this part is 20 points)

28, according to the relevant provisions of the criminal law on special effect of criminal law.

Answer: the validity of criminal law, refers to the validity of criminal law on and people, is to solve the problem of the scope of criminal jurisdiction of a state. Generally speaking, special effect of criminal law have territorial jurisdiction, personal jurisdiction, protective jurisdiction, the principle of universal jurisdiction. The criminal law of our country adopts to territoriality principle, nationality principle, adopt the principle of protection and the principle of universal jurisdiction. (4 points)

 (a) criminal jurisdiction (7 points)

 Definition of territorial jurisdiction. (1 points)

China's criminal law sixth paragraph first: "anyone who commits a crime in the territory of the people's Republic of China, except when otherwise stipulated by law, the law is applicable to. "This is the basic principle about the spatial effect of criminal law of our country, it mainly includes the following two terms: the territory of the people's Republic, refers to the area, all space within the boundary of China including: territory, territorial waters, airspace, and our ship, aircraft or other aircraft, Chinese embassies the consulate. (2 points)

 China's criminal law sixth provisions of the third paragraph: "the criminal act or consequence takes place within the people's Republic of China, is considered a crime in the territory of the people's Republic of china. " (2

China's criminal law article sixth in the establishment of the basic principle of territorial jurisdiction. At the same time, put forward a special exception provisions of law. These "special provisions" mainly refers to: "criminal responsibility of foreigners who enjoy diplomatic immunity, resolved through diplomatic channels. "" national autonomous areas cannot be fully applicable to the provisions of this law, by the autonomous region or province of the people's Congress according to the basic principle of the characteristics of the local nationalities in political, economic, cultural and the provisions of this law, formulate adaptive or supplementary provisions, shall be approved by the standing Committee of the National People's congress. Special provisions in criminal law "after the implementation of national legislation, including the single criminal law and accessory criminal law. If there is overlap of articles of law, in accordance with the "principle of special law is superior to common law". Exception provisions in China's Hongkong Special Administrative Region and the basic law of Macao Special Administrative Region to make. (2 points)

(two) of the criminal law of personal jurisdiction (3

Personal jurisdiction defined (1 points).

Article seventh of the criminal law first stipulates: "citizens of the people's Republic of China commit the crimes specified in this law field outside the people's Republic of China, shall apply the provisions of this law, but according to the provisions of this law by up to three years in prison, may not be dealt with. "The seventh provisions of the second paragraph:" the people's Republic of China state personnel and military personnel who commit the crimes specified in this law field outside the people's Republic of China, the applicability of this method. "(2 points)

(three) the protection of criminal law jurisdiction (3

Protective jurisdiction defined (1 points)

The criminal law eighth stipulation: "foreigners in the territory of the people's Republic of the people's Republic of China national or civic crimes, and punishable according to the provisions of this Law for more than three years in prison, this law may be applicable, but according to the criminal law is not punishable. "(2 points)

(four) the universal jurisdiction of the criminal law (3

The definition of universal jurisdiction (1 points)

   The criminal law ninth stipulation: "the provisions of the international treaties concluded or acceded to by the people's Republic of China of the crime, the people's Republic of China in the scope of the treaty obligations to exercise criminal jurisdiction, applicable law. "According to the regulations, the provisions of any of our country in the international treaties concluded or acceded in crime, regardless of the criminal is Chinese or foreigners, whether the crime is still occur in China in the field, the scope of the treaty obligations in China, if not to extradite to some countries, China shall exercise criminal jurisdiction, in accordance with the relevant provisions of China's criminal law on Crime