A, single choice:

    1, have the right to judicial interpretation is (D) A. the people's courts at all levels B. the people's procuratorates at all levels C. the judicial administrative organs at all levels D. the Supreme People's court, the Supreme People's Procuratorate, 2 of our article twelfth of the criminal law concerning the retroactivity provisions adopted is (D) A. from the old principle of B. from the new C. from principle and the lighter principle D. the doctrine of 3, according to the provisions of the criminal law of China, for the continuous make or continue to make the period starting from (C) A., is the implementation of preparatory crime occurred B. started the crime occurred at the end of the C. crime date D. crime accomplished when starting 4, national staff a corruption public funds eighty thousand yuan, fled to the foreign friends, friends persuade, nail to the original unit Party committee wrote a letter, the letter confessed his crime, illicit money, after the arrest, also report former unit B corruption two hundred yuan the fact, after the case to be detected, identified a significant meritorious. The punishment principle of a A. (D) shall be given a lighter punishment B. be given a mitigated punishment shall be given a lighter or mitigated punishment C. D. shall waive or reduce the punishment of 5, has already begun to crime, is refers to the behavior person has begun to implement the (A) C. crime stipulated in criminal law of A. constitutes a crime objective important document of criminal behavior B. provisions of the crime tools to D. at the scene of the crime, not 6 in the combined punishment for several crimes, the legal regulation for a period of (C) for A.3 months to 3 years following B.1 months to 2 years following C.3 months to 2 years following D.6 months over the following 2 years, Fa Jinxing was 7 (C). A. can only be applied independently of B. can only be attached to the application C. can be independently used can also be attached to the application of D. only for 8, and a probation period, from (D) calculation. A. B. on the day of judgment pronouncement of judgment day judgment, C. D. on the 9, the unemployed a wearing borrowed uniforms, late at night in the side of the road waiting for. Woman B which pass by. A handheld phoney pistol big growl: "stop, take money out!" B said: "no money". A search is started, will b pocket 50 yuan search. Constitute a crime, the behavior (B ) A. B. C. D. blackmail and impose exactions on crime of robbery crime 10 try every trick to mislead the public, for the purpose of selling, the use of violence, coercion or the method of anesthesia abduction of women, children, to (A ) the conviction and punishment. A. trafficking in women and children, the crime of kidnapping crime B. C. baby stealing crime, crime of kidnapping women and children D., a 11 for a storage service staff. Passenger B a leather briefcase stored certificate is lost, one that refuses to acknowledge the receipt of the box. After the take away take forcible possession of a box. A man's behavior (C ) A. B. C. theft embezzlement embezzlement embezzlement of 12 D., according to the provisions of the second paragraph of article 292nd of the criminal law, the crime of affray, causing serious injury, convicted for (C) B. A. affray crime of intentional injury D. C. negligence mayhem 13, in the following in the circumstances, shall be sentenced to life imprisonment or death is (A) A. theft of financial institutions, if the amount involved is especially huge B. theft of value-added tax invoices, if the amount involved is especially huge C. theft poverty alleviation funds, if the amount involved is especially huge D. theft of cultural relics, if the circumstances are serious 14, armour male knowing B only 13 years of age, mistakenly think that the law does not prohibit the approval sexual intercourse young girl agreed upon. So with the consent of the consent of our and Otome happened sexual intercourse. Belongs to a behavior (B ) A. illusion made, does not constitute the crime of rape B. mistake of law, a known rape C. object error, which constitute the crime of rape D. object recognition error, does not constitute a crime of rape 15, bank A, Lee is a savings account clerk. March 20, 2002 afternoon, Lee found the cashier Chen will be 20000 yuan turnover forgotten in the desk drawer (Mo Suo). The day after work, Lee while the unmanned machine, return to the 20000 yuan inside out, wrapped in newspaper after hide under his desk in a garbage bag, garbage bag box and cover. The next morning the stolen money, others find. Lee's behavior (C ) A. B. C. corruption corruption accomplished attempted theft accomplished D. attempted theft 16, unfinished crime refers to: (C) A. without any results B. did not reach C. unfinished crime one crime all the elements of the D. without the occurrence of behavior in the pursuit of results of 17, a part of terrorism activities in an international terrorist organization, the court found a form to terrorist groups. Belongs to a behavior: (B) A, preparation for a crime committed to implement the C. B. D. 18 to help make attempted offense, Wang Mou in order to show his heroic behavior, the paper mill a papermaking raw material to go after the fire ignited. But the fire quickly spread beyond control, Wang Mou is struggling to fight the blaze, but still caused the loss of 200000 yuan, he was burned, of Wang's behavior should be how to deal with (A) B. A. arson crime of endangering public security fire D. C. crime crime of sabotaging collective production 19, driver Wang driving sneeze, the steering wheel out of control, then the car to the roadside, the pole down, wire is broken, interruption of power supply for 30 hours, the behavior of Wang's (D) A. negligence crime of sabotaging power equipment B. traffic accident crime C. destruction of public or private property crime, the public security organ D. accidents 20 pre member Lee in the trial of cigarette factory Lady Wang burglary, theft of Wang a cigarette 210 (value 1600 yuan) crime, no trace, no evidence, evidence material will be destroyed, cover Wang escape punishment. Wang in the lee cover after release, Lee to coerce, Wang repeatedly raped, constitute the defendant Lee's behavior (A ) A. play favouritism and commit irregularities of non transferring criminal cases and the crime of rape crime and the crime of rape B. C. to cover up the crime and the crime of rape crime and the crime of rape 21 D. be forgetful of one's duties, Xiao Mou (male, 28 years old, junior high school culture, farmers) in one day at noon to quarrel with his wife, many people gathered outside the house. Xiaomou insults to his wife, his wife, flay took a bottle of "1605" highly toxic pesticides, and opened a bottle, vowed to drink pesticide died in front of focus, xiaomou sees this scene, quickly took his hand off to the bottle, he threw the bottle, medicine and two young girls in the house watching. Head, neck, and flow in the entrance leading to death of two young girls poisoning. Xiaomou subjective: (D ) A, B. direct intentional indirect intentional C. overconfident negligence negligence of 22 D., a robbery of a young woman in an alley mouth purse. Grab the wallet, suddenly found that young women are their neighbors, so will the wallet to get back to young women, that just behavior is make fun of. A behavior is: (D ) A, B. C. preparatory crime discontinuance of crime of attempted crime accomplished offense, following a 23 D. wrong statements are correct: (D), A, a village a high prestige, violations of the village's usually the measures taken are kept for 24 hours, so that the irregularities reduce, the villagers also clap hands for joy, a never think illegal own behavior, because a behavior and stability of the village social order, has no harm, so does not constitute the crime of illegal detention. B, a man who rose only 13 years of age, but thought that as long as the consent of the consent of the youngest daughter can happen sexual intercourse with, so in our consent consent with precocious sexual relations, a male without violation of women's will, so does not constitute the crime of rape. In 1990 March C, a self funded overseas (overseas before there are acts of prostitution), contracted a serious disease in abroad, and returned to China in September 8, 1999. A don't know the country has stipulated the crime of spreading venereal diseases, in October 10, 1999 when police officers arrested for prostitution, no sin so does not constitute the crime of spreading venereal diseases a subjective. D, a cosmetic rape women, the night will work early wives as other women, and the implementation of the "rape" behavior, a behavior constitutes the crime of rape. 24, Liu in the 16 years old birthday evening, and three other 15 year old classmates to the train tracks along the play, 2L PM, Liu Mou puts forward and put some stones on the tracks, see the train to brake or rush. Liu four out of five large blocks of stone on the rails, and then stood in the 40 meters away from the front of the stone. Since there has been no train, four people went home. The second day morning nine when the left and right sides, a truck after truck derailed, resulting in serious economic loss and. For Liu's behavior should be how to identify: (B ) A. B. constitute a crime of sabotaging transportation facilities because of behavior results, Liu has over 16 years of age, so should bear criminal responsibility C, because Liu Mou to carry out criminal acts, is under 16 years of age, so do not bear criminal responsibility, constitute the D railway operational accident 25, the following about the crime of joint crime is right are: (D ) A. a driving his taxi on the road, stop waving a B, B to a remote place, armour asks what's out there, say B to kill, a still will be transported to the destination B, B to kill the C here, constitute a crime of intentional homicide crime B. B. will own shotguns to B for three days, but on the next day, a to B for shotguns, B asked why to ask for the shotgun, armour says to kill C shotguns, then B will be given a shotgun, a subsequent kill C, B for killing a constitute accomplice. C, a solicitation for his theft. B, B agreed to, one day, B agreed to a theft lookout, but a into C home immediately after the implementation of the robbery, B and constitute a deliberately robbery accomplice. D. B two people together to harm intentionally to C atrocities, results in a behavior caused death and a B C, constitute intentional injury causing death accomplice. 26, a and B, the planning, claimed to buy 8000 grams of heroin trafficking to C, at the appointed place, a and B, the emulation handgun C holdings of 8000 grams of heroin, a, B share each 4000 grams of heroin, sold to others, about a and B, the nature of the behavior of the said method correct: (A ) A, a and B, constitute the crime of robbery and the crime of drug trafficking, for B, a and B, constitute robbery drug crimes and drug trafficking crime implicated crime, robbery and drug trafficking crime implicated from a felony punishable C, a and B, which constitutes a robbery, drug crime from a felony commonly D, a and B, and drug trafficking crimes, 27, Zhang in the train station waiting room stolen sb a bag, to favor to open on see, the inside is not money, but a pistol, shot some guns, bullets, Zhang will be back in the bag, and then hid in the home. Zhang acts constitute what crime? (B ) A. illegal possession of firearms, ammunition B. theft of firearms, ammunition C. guns, ammunition illegally stored D. illegal guns, ammunition 28, a toilet, will be less than 1 year-old daughter outside standing against the fence, just enter the toilet, you heard her cries, hurried out, found her lying on the ground, the suspect is in her 4 year old boy B for. A hand to his daughter, a hand push B, which was lying on the ground, head just touch on a stone, the outflow of blood, and motionless. A that B may have died, will hold its into a cave, cover with straw, was out of the cave, found that the straw move, think B not dead, then picked up a stone to pound B's head, with a grinding disc pressure in the body after the departure of B. After the incident, the forensic identification, a before stone B, B is dead. According to this situation, a behavior constitute what crime? (D) A, the crime of negligence causing death B. death caused by negligence crime and the crime of intentional homicide (accomplished) of crime number C. death caused by negligence crime and the crime of intentional homicide (attempted) the number of crimes of intentional homicide, D. 29 Zhao knife into his money a home of infidelity, claim to want to cut a money a ears to teach her "adultery" behavior, in the face of money a begging, Zhao will turn to throw in a front knife money. In accordance with the provisions of the criminal law, the Zhao should be how to deal with? (DA. shall not be punished B. should be given a mitigated punishment or be given a mitigated punishment D. C. 30, a court shall be exempted from punishment to the crime of fraud sentenced Zhou period of 1 years in prison and fined 10000 yuan, Zhou with no money for refusing to pay the fine. Released from prison after third years, Zhou ready to get married, buy a 29 inch color TV and refrigerator. The court heard the case after sending a bailiff forced TV and refrigerators seizure. Excuse me, how should we treat the court acts ? (CA. wrong B. although not when but legal C. not wrong, is perfectly legal D. is not in conformity with the law of 31 gas for the car, the driver said, would have thought that extinguish the cigarette butts thrown on the ground, not fully extinguish the cigarette butts will be residual oil on the ground of the ignition, and the explosion gas gas gas station caught fire, burning, burning the gas station. A behavior constitute what crime? ( B) A. B, C fire explosion crime crime, arson D. crime of negligently causing explosions 32, failing to reach the purpose of defrauding the wealth, then false called A company salesman, known as procurement, for a clothing factory to trust, A the name of the company signed with the service assembly plant contract of a false economy, diddle clothing sold, the value of 700000 yuan, the money was all of its waste. Constitute a behavior: (B ) the crime of illegal business crime of contract fraud, B. A. C D. 33 fraud crime of duty encroachment, village head a see his wife and neighbors B (female) scuffle in together, they will be opened later, the B a towed back to the home (Department of village people), B scolded armor a rogue. A few days later, B and his brother many times to the County Public Security Bureau accused a used his powers on its implementation of the rape. After the Public Security Bureau, B and his brother sue is purely fictitious. Form B and his brother's behavior: (C ) A. B. C. insult libel crime of false accusation D. revenge against crime, a, B, C 34 3 attempted robbery of a shopping mall. They conspired together to rob a plan, and prepare the powder gun, knife and other tools for the crime of robbery. One day, 3 of them in accordance with the schedule to the mall, from a, B two people into the store robbery payment, C drive in the bazaar waits aids. A and B, after enters the market, found a cashier is point payment, catch one unprepared took over from the mall. C see a, B two people on the bus, which drive away. Three people have been arrested after. Constitute a, B, C behavior (C ), B. A robbery robbery (Preparatory) and robbery (accomplished) C D., robbery robbery (i.e. and) and robbery (accomplished) 35, Wang to see a man to drink to be completely drunken, mental confusion, lying on the side of the road, next to put a bag. Wang is the people around, that the man for his friend, the man helped to an isolated place, quietly take the bag bag, no cash, credit card, Wang used credit cards to buy 5000 yuan of goods. A behavior of Wang: (B ) A, B, C fraud theft, robbery, snatch crime 36. D Zhang for the crime of embezzlement was sentenced to one year in prison, three years probation, probation after the expiration of three years of Zhang and guilty of espionage, then Zhang: (A ) A. constitute recidivists B. special recidivism C. don't not constitute recidivism, because the crime is the crime of endangering national security D. does not constitute recidivism, probation expires because does not comply with the conditions of 37. Chen constitute recidivism former director of a township, a village committee. In a factory in the village land expropriation, taking advantage of his position, the void receipts and other means to obtain land compensation fee 90000 yuan, take forcible possession of (B ) A. B. Chen Chen appropriation crime constituted a crime of corruption C. Chen constitute fraud crime of duty encroachment 38. D. Chen Zhang in order to get rich is to use brown sugar and starch processing the production of 300 case of false "Banlangen Granules", 6 sold, money 250000 yuan, Zhang's behavior should constitute: (C ) senior editor A. B. fraud crime of illegal business operation of C. production, D. production, sales of counterfeit drugs crime of selling fake or substandard products 39. A is one of our news agency, Hongkong a newspaper reporter asked, trying to make the relevant policy to Taiwan as a confidential document. According to the provisions of the documents sent to president level, news agency only where there is a president. A certain to President Office found that the document is placed on the table, take the president does not pay attention to the documents out of a copy, and then email it to a Hongkong newspaper reporter. A Hongkong reporter to say thank you, to the HK $20000. A certain behavior (C ) A. constitute the crime of illegally obtaining state secrets and for overseas institutions, organizations, persons who steal, spy on, buying, illegally providing state secrets, intelligence crime, should be punished with B. for overseas institutions, organizations, persons who steal, spy on, buying, illegally providing state secrets, intelligence and crime bribery crime, should be punished with C. form for overseas institutions, organizations, persons who steal, spy on, buying, illegally providing state secrets, intelligence sin D. deliberately leaking state secrets by 40. a B a three unprovoked beatings, and B a knife stabbed. A hurried away road ran away, at this time, B et al shouted: "catch the thief!". Passerby c an unidentified truth, to catch a. A hard to break away, had stabbed C A, get away. After the identification, a B stab into severely wounded, a to C a caused light damage. A certain behavior: (B ) A. belongs to the emergency, and he shall not bear criminal responsibility B. belongs to it, he shall bear criminal responsibility C. belongs to the imaginary defense, accident, he shall not bear criminal responsibility D. is justifiable defence, and he shall not bear criminal responsibility

   Multiple choice questions:

1, the provisions of our criminal law, statutory sentencing plot (A B D) B. C. A. surrendering criminal recidivism crime motive D. discontinuation of 2, according to China's criminal law punishment, punishment of the limitative aggravation principle to limit is (A B A.) to total term limits for the B. statutory punishment limitations of C. principle of culpability limit D. the principle limit 3, deprivation of political rights including (A B C E) A. deprivation as State-Owned Company, enterprises, institutions and people's organization rights B. deprivation of rights of the position in state organs C. deprived of the right to vote and to be elected D. deprivation to obtain payment for labor rights E. freedom of speech, press, assembly, association, parade, demonstration of the right to freedom of 4, according to the provisions of the criminal law, has over 14 years of age under the age of 16 the implementation of the following acts, he shall bear criminal responsibility (A B C) A. B. C. D. murder rape robbery, kidnapping 5 in the criminal law of our country that crime (A B) A. B. C. embezzlement crime of defamation crime of bigamy crime of housebreaking, D. 6 the following on the form of crime is not right there: (BD) A. on B implementation of blackmail and impose exactions on, B notified the police, the police solve the case of the need for, let B according to the time and place a notice of the delivery of the goods, Jia was arrested by the police, a behavior is a crime accomplished B. armor to kill B, B to the sleeping pills to sleep, while B the machine back to the mountains into the cliffs, but B after taking sleeping pills to wake up to escape, a not yet started to the killings, which belongs to C, a crime in preparation for the murder of his mother, while mother off after bedtime, used sticks to hit the head, heard mother grunted, then thought had died, they entered another room, once again heard his name mother called, then returned to the field, turn on the lights, see the mother head bleeding and in pain. Later, feel very sorry mother, did not continue to implement the act of killing, a behavior of desistance of crime D, a commissioned B buy point stomach pills, while B is the poison to a packet. A night to open a look at medicine, feel the drug problem, put the medicine away, after a while, B due to regret it to give a call to say: "I give you medicine is poisonous, don't eat!" she said: "I know." B behavior of desistance of crime 7, a and B, C collusion extortion money. A and C and C son Ding (17 years old) acquaintance. One afternoon, a Ding invited to an amusement park to play, then the B to C call. B said Ding was kidnapped, so C send 30000 yuan in cash to the agreed destination, no alarm, or kill ding. Propylene is worried about his son's life without warning, 7 pm to 30000 yuan to the agreed place. B made money after the notice of a, a subsequent breakup with Ding home. The following charges which does not comply with the nature of a, B? (B C D) A, kidnapping, robbery, blackmail and impose exactions on B C D, the crime of the crime of illegal detention, Mr 8 already had a wife B, but suffer from. Because of a very good wife, so that his wife was disturbed, advised him to buy a foreign women, or raising a son. And that somebody not to do so, she will not feel at ease. A helpless from traffickers hand bought a C and cohabitation. The following correct judgment is: (B ) A, a behavior has constituted the crime of bigamy B, a behavior has constituted the crime of buying abducted women C, B's behavior has constituted the crime of D, B behavior does not constitute a crime, the tax authorities on a 9 cadres to an individual business a B a B tax, ask for relief, a refuse to agree, B to his wife said: "you find somebody, try all means to do this thing into tax relief." B's wife will find somebody, and had sex with somebody. A few days later, a requires B tax, another said: "five days you either approve my application for tax exemption, or take 10000 dollars out of, or I will report to the public security organs." Five days later, somebody still come to press for payment, B to the local public security organs accused of a rape his wife. A B behavior (C D). A, B, does not constitute a crime, the crime of blackmail and impose exactions on tax revolt crime C D, crime of false accusation 10, relevant departments to inspect a, B, C, D 4 units, four units were found the following acts, which constitute the crime of illegal business operation is (A C) A. a without the permission of the State Tobacco Monopoly Bureau Management cigarette B. B units fabricated spreading false facts, harmed rival business reputation C, C unit trading import certificate of origin for export, disturb the market order, D. Ding unit using advertising to the false propaganda of the unit, if the circumstances are serious 11, according to Chinese criminal law, apply to which of the following circumstances the principle of territorial jurisdiction (A C D). A. nail in China foreigners overseas hunting, careless hit foreign citizens China territory, a, caused the injury B. foreigners B by foreign aircraft, the aircraft entered the airspace in which the aircraft Chinese crime C. Chinese C take China civil aircraft, the aircraft to enter foreign airspace on board the aircraft implementation D. China population crime hunting in the Chinese territory by foreign citizens, overseas China cloth a hurt 12, a armed smuggling drugs for overconfident negligence, the court verdict constitutes a crime of smuggling drugs, sentenced to life imprisonment, confiscation of property. Which of the following can be incorporated into a property for the penalty of confiscation of property confiscated range (C D). Gun B. a seized drugs and drug money in the bank account on C. a 5000000 yuan deposit D. nail all 2 luxury cars 13, the following A. a in drug smuggling in use, should be combined punishment for several crimes have (B C). A. before the judgment is pronounced, find out a were carried out three times the amount of bribery, respectively 20000, 30000, 50000 yuan B. B for taking bribes was sentenced to two years in prison, three years probation, the probation period, and find out the other bribery crimes C. C 20000 yuan for the crime of intentional injury is sentenced to three years in prison, and committed the crime of intentional injury D. Ding for theft and was sentenced to two years in prison, after the execution is completed, also found in the time before there is a major theft theft crime behavior of 14, a mistake was B emergency illegal violation, and the implementation of defense behavior B to B, death. In hindsight properties B behavior does not have the illegal violation. A behavior (B C). A. may constitute the crime of intentional homicide B. may constitute the crime of negligence causing death C. may belong to the accident D. may belong to excessive defense 15, a tobacco monopoly license authorization failed, that is purchased fake "Chinese" brand cigarettes 100 box of wholesale and retail, were seized when sold 80 boxes, collection 1200000 yuan. By checking the number of cigarettes are unqualified products. A behavior (A B). A. offend the crime of illegal business operation B. against selling commodities bearing counterfeit registered trademarks of C. violation crime of selling fake or substandard products D. belongs to the imaginative joinder of offenses, from a felony conviction and punishment 16. a motorcycle, sitting in the back seat of the motorcycle B, together in a street to grab bag of women. A and B, see women C shoulder out of the bag, then driving motorcycles, acceleration, in passing on the occasion, B take C satchel. But because the satchel was C tightly, B was dragged down from the motorcycle rear seat, a drive away. B from the ground up behind him, and took the bag side kicking C. C shouting, around the masses to hurriedly escape, B. The case, which of the following statements is true (A ) A. A and B constitute the crime of robbery accomplice (attempted) B. A and B will snatch crime accomplice (attempted) C. constitute a crime of seizing (attempted) D. B constitute the crime of robbery (attempted) 17. on implicated offense, which of the following statements is true (A B A. C ) implicated offense must be for a criminal purpose B. implicated offense must is the behavior of the implementation of a number of criminal behavior of C. implicated offense is violated in the objective behavior or behavior of a criminal case, means behavior or results behavior offended again another charge D. is implicated in the principle of punishment is a heavier punishment, but not the two crimes 18 according to the relevant provisions of the criminal law, which of the following circumstances not applicable probation (A C ) A. a convicted of abuse was sentenced to 1 years in 1995 April B. regulation B convicted of smuggling pornographic articles. Articles was sentenced to 2 years in 1997, released from prison in May. 2001 October because making traffic accident crime were sentenced to 2 years in prison in 2002 July C. C for committing the crime was sentenced to 2 years in prison, released from prison in July 2004. In 2005 March because of crime affray crime were sentenced to 2 years in prison under D. Ding because no money to gamble, then, take people unprepared, to win a woman's handbag and ran (package property value of 3000 yuan), was caught in the act, shall be sentenced to 2 years in accordance with the law. A 19. is a State-Owned Company appointed to a company (the company as a joint venture, the China stock 20%, private equity 80%) deputy general manager, the job is in charge of the company's property work. A use for the books and other means, the company set out 20000 yuan in cash, making 10000 yuan mobile phone calls, the nature of behavior a, the following statements is not true of A. (B ) crime of corruption, crime amount is 6000 yuan B. the crime of corruption, crime amount is 30000 yuan C. embezzlement, crime amount 30000 yuan D. embezzlement, criminal amount to 6000 yuan in 20 following a deprivation of political rights argument, which is right? (A ) A. a certain because spy was sentenced to 3 years, should be applied to additional deprivation of political rights B. B a be deprived of political rights for 3 years in prison, after the completion of the execution of the village was selected as the villagers team leader C. C A was sentenced to prison without due to good performance was commuted to 10 years in prison to, deprivation of political rights for 2 years D. Ding guilty of robbery, was sentenced to deprivation of political rights for 3 years

   Case analysis

Hu Mounai, 1, a gambler, gambling such as life, then one day gambling money, came to his uncle's home, to his uncle put forward to want to borrow 100000000 yuan, but, because of his uncle know Humou for people, so don't agree to lend him, at this time, a 5 year old girl entered the room, to Hu an uncle said: "Grandpa, I want money to buy ice cream to eat." Hu then took the little girl in her arms, and took the dagger from his pocket, and then the dagger at the top of the little girl's neck, threatening his uncle said: "you today if not for the money, I'll kill her." His uncle was forced to helpless, gave Hu a 100000000 yuan of money, Humou much money left after. Ask Humou acts constitute what crime, why?

 2, the defendant Wang, Li and Zhang in x x park. When come to a hill behind the quiet, into a pair of young men and women to embrace together to listen to the recorder. Wang Li gave a look, and said in a low voice: "try your courage, dare!" Li said: "what do not dare!" Li he grabbed a handful of dirt, and throw them in the past. Don't wait to reflect, Wang went to the young men said: "sorry, borrow tape recorder for three days." Youth is not allowed, Wang Feiqi kicked the man down, and down into the big stone ten meters away, young men not to put death grip tape recorder. The young woman shouting "help"! Zhang to cover the young woman's mouth. Not and in a short while, Wang from the male youth getting in the hands of the recorder and return, see Zhang is our youth, and stood on the sidelines. When Zhang adultery after Beatty pants, Wang Bianhan: "run, mountain people later"! When the two men ran to the lake, see Lee sat there. Wang Wenli: "how do you run"? Li Da: "too many people in the park". Zhang said in a side: "coward"! Q: the three defendants should be how to deal with, and explain the reasons.

 3, a in an insurance scam, spent 10000 yuan to buy a second-hand car brand, by as a salesman in a state-owned insurance company friend B handling, to the insurance company or the value of the car is 200000 yuan, the insured vehicle theft, damage insurance. After a search, middle school students (male, 15 years old C to c), 5000 yuan reward, please C will stop in a family cottage in front of the car burned. C ask why, Jia said that the neighbor's car, to burn the revenge neighbor. C say no problem, resolve within ten days. C the money with classmate Ding (male, 15 years old) to eat and drink, on the internet. Ding Q C where C many money, truth be told, and please help Ding Ding, promise, and engage in a big bottle of gasoline on the C, ready for ignition. Here, a fear that car too close to his own family, burning cars will burn to the neighbors and family, call C give up the burning car, and let C be 5000 yuan money back. C has money to spend, unable to pay, after listen to very anxious, he promised to stop the action, a few days back, side notice Ding in the action. Ding Daying, agreed that night in burning car locations. Night, propylene with gasoline bottle into the burning car place, Ding Yin not to fear. C waiting Ding failed, decided to act alone. C gasoline will be poured into the car, fire truck, and then hide in the side to see action. C see fire burn very large, very frightened, hurriedly call the fire out near the fire, neighbors and. Because C alarm, calling people to the fire in time, only burned cars, burned the doors and windows and the housing price nearby the car a few houses, causing no other consequences. Afterwards, a claim to the insurance company, the second group insurance company approved insurance accident. B knows a false value of the subject-matter insured, malicious created the insurance accident, but with friends, or to the insurance accident assessment issued by the proof, the insurance company paid in full armour 200000 yuan insurance. After the incident, B during the trial to explain: in the three months ago by taking advantage of his position fictional insurance accident together, from the company's cheat to receive 50000 yuan compensation, according to the existing. Read the analysis of the case, please answer the following questions: (1) what crime or crime composing a, B, C of the accomplice (only indicates a, B, C respectively, which fact was established what crime or crime of complicity, do not have to explain the reasons). (2) ding behavior is what crime (crime, attempted, preparation, discontinuance and briefly explain the reasons)?. (3) according to the given facts, points out what the defendant has the statutory sentencing.

 4, one, 26 years, 1995 was convicted of the crime of intentional injury to 3 years in prison, released from prison in 1998. A prison before Lent B 2000 yuan. Released from prison after serving his sentence, a finding for B, but B with all kinds of excuses not to return. One day in 2001, a second home again to ask for the arrears, B not only refuse to repay the loan, and for a reproach. Undershoot a angry go and B tear at together, tear hit, B is a trip, his head against the corner of the table, immediately shock. A see this scene after he left B, but think of oneself 2000 yuan did not recover, then returned home from home bedside table B, B in over 18000 yuan in cash after fleeing away. Second wife after coming home, see B dead and the house is messy, namely to robbery. B was captured after. Trial Analysis on a behavior should be legal circumstances how qualitative and the case.

5, a 26 year old male,,, because once the theft was sentenced to criminal detention 6 months, 1999 December released. B, male, 18 years old. At the end of 2000 4, a and B have conspired to common robbery, and prepare for the murder weapon. In 2000 May, a, B a lethal multiple waiting in the lonely road at night, for looting pedestrians property, but did not encounter a pedestrian. In 2000 June, a and B in the public security organs routine inspection, and challenged because of the lack of identity cards and residence permit. The public security personnel education, two people will be the situation truthfully confession. 
On the conviction and punishment of Party A and Party B shall be how? 

Reference answer

1, the answer points: (1) the robbery crime; (2) and the crime of kidnapping robbery distinction should not simply be understood as: the former is the spot to plunder property, the latter is afterwards take money. The difference between the two lies in: the object of the violence of robbery and theft against should be the same person, but kidnapping is to use the hostage outside the third people hostage on fears of extortion or other illegal requirements, therefore, control object in the kidnapping crime and extortion object is not the same person. (3) the robbery and the crime of blackmail and impose exactions on lies, the former must be by violence or threat of violence, the implementation, the threat is not only the content of violence, and the former must be on the spot sampling, the latter does not necessarily.

 Answer: 2, Wang should be identified as the crime of robbery. Because of the crime of robbery "two spot" (uses violence on the spot, the spot has the characteristics of property). Needs to be pointed out, robbery does not require huge amount of wealth of robbery, as long as the violation of personal rights and property rights which may constitute. Wang should not be regarded as an accomplice rape, because of its "watching" behavior is certainly not the penalty, and the shout in Zhang rape completed occasion Zhang escape behavior, which plays only a reminder, and due to the special requirements of the crime of rape, and therefore should not be regarded as the crime of rape the accomplice. Zhang Ding rape no doubt. He deliberately for the implementation of the rape, rape, and succeed, the crime type was accomplished. Lee's behavior as illegal acts in general, should not be considered a crime. It can be found from the provisions of article thirteenth of the criminal law on the basis of the proviso, Lee's behavior (including throwing soil) should be considered "plot remarkable slight, little harm" is not recognized as crimes, but should be persuasive education.

3, answer: (1) a: false value of the subject-matter insured, deliberately creating insurance accident insurance claim behavior, constitute the crime of insurance fraud; goad C set fire to cars, constitute arson accomplice; B: knowing that a false value of the subject-matter insured, the insurance accident intentionally defrauds insurance money for the insurance, issued false insurance accident assessment certificate, constitute the crime of insurance fraud crime; false claims 50000 yuan for it, constitute a crime of corruption; C: arson flexibility vehicle behavior, constitute complicity in the crime of arson. (2) ding constitute arson accomplished, because the perpetrator C fires have caused the concrete danger, constitute arson the accomplishment of a crime. Although not directly involved in the crime of Ding, but failed to withdraw the offer to help, not separately suspended, so with the C arson accomplishment and accomplishment. (3) C, D crime under the age of 18, shall be given a lighter or mitigated punishment; Ding play an auxiliary role in a joint crime is an accessory, arson, shall be given a lighter, mitigated punishment or be exempted from punishment; B the initiative to hold different crimes (corruption), the establishment of surrender may be given a lighter or mitigated punishment.

　4, answer: a behavior crime and crime of intentional homicide, the recidivist. The reasons are: (1) a and B only because of whole thing tearing the scuffle, accidental death B, belongs to the accident. But the advance behavior of ground shock caused b to B, the right of life is in danger, its obligation, the obligation not to cause death, B, is not as the indirect intentional homicide. (2) a is not intended to shock induced by ethylene knocked down and drawn, but in B after death, flew to B home turned away 18000 yuan in cash, belongs to the secret theft in the second property, which accords with the theft. That is, no use of violence or coercion to steal second property, but to take secret means to steal second property, theft and robbery crime does not constitute. (3) a recidivist, the reason is: in 1995, a crime is an intentional crime, was sentenced to 3 years in prison; less than 5 years after his release in 2001 1998, and criminal should be sentenced to the punishment of larceny, accord with the characteristics of recidivism. For a, should take the theft and crime of intentional homicide and combined punishment for several crimes, and shall be given a heavier punishment.

5, the A, B should be in accordance with the robbery (Preparatory) of common crime. At the same time has surrendered plot. First of all, a, B in order to implement the crime of robbery, multiple plot, and prepare the criminal tools, many also waiting in the lonely road at night, to implementation of the robbery crime on the passing pedestrians. A, B the behavior has violated the provisions of the criminal law on the crime of robbery, robbery crime should be. At the same time, a and B two people conspiracy, has the crime subjective aspect in the common intention, with the joint criminal behavior in the objective, the establishment of common crime. Secondly, a, B of the above acts is robbery crime. The so-called preparatory crime refers to the crime,, preparation tool, manufacturing conditions, due to reasons other than the behavior of the will of the people and failed to proceed with the implementation of crime stop shape. The establishment of preparation for a crime to have the following three conditions: (1) actor has implemented a crime in preparation. That is implemented in order to crime preparation tools, manufacturing conditions on the behavior of. Including preparation of criminal tools, investigate crime places, heading for the place of crime, crime and so on in place. (2) the crime must stop embarked on crime. The so-called started to commit a crime, means the beginning of the implementation of specific elements of the objective aspect of crime behavior. Preparation for a crime as a stop shape can only appear in preparation for a crime, criminal behavior must be in preparation for a crime constitution, proceed with the implementation of crime had stopped. (3) preparation behavior pauses in crime preparation phase must be due to reasons other than the will of the people. Causes beyond volition of the so-called, is not behavior will control enough to stop criminal intent, forcing it to stop the preparatory behavior for a crime, subjective and no longer continue to commit the view factor.
From the facts of the case at. Three the above conditions a and B behavior accords with preparatory crime. First, a and B the preparatory behavior for a crime. If they are criminal conspiracy, prepared the crime with the murder weapon, and many waited beside the road. Second, a and B behavior in started to commit a crime before the stop. The crime of robbery crime behavior should be started the implementation of violence, coercion or other methods of behavior. While a and B a implementation to prepare tools, plotting and waiting for the behavior, the behavior is not robbery to behavior, does not have the robbery to the nature of the act. Third, a and B a preparatory act to stop in preparatory crime is the cause of a and B outside the will. They are in the routine inspection of public security officers, to be questioned by the criminal. Preparatory crime stop is due to causes beyond volition. Conform to the crime constitution. 
In determining a and B a penalty when, should pay attention to in the case of sentencing. (1) for the sentencing, crime, criminal law, the crime in preparation, can be accomplished crime shall lighter, mitigated punishment or be exempted from punishment. (2) plot. A and B in the police questioning, I confess criminal behavior are not known to the judicial organ according to the provisions of article sixty-seventh of the criminal law, shall be punished in accordance with the surrender. Since the criminal, he may be given a lighter or mitigated punishment. The lesser crime, may be exempted from punishment.