Criminal law theory test

A: multiple choice questions, for each of them there are options which has only one correct answer, this part of the 1 10, a total of 10 points, 1 points for each question.

1, Song Mouqian xiaomou cash 30000 yuan, xiaomou repeatedly to the song for song, but a excuses to delay does not also. Xiaomou then and others will song a tricked out illegal detention, using violence forced its debts, the song left eye disability, loss of vision. Xiaomou behavior should be how to convict? (   )

A. of unlawful detention crime

B. the crime of intentional injury

C. of unlawful detention crime, the crime of intentional injury

D. kidnapping

2, a state-owned insurance company claim season incites others intentionally false insurance accident, by their false claims, defrauds insurance money 20 yuan take forcible possession of. Season one acts constitute what crime? (    )

A. insurance fraud

B. false amends

C. embezzlement

D. embezzlement

3, enterprises in the production of a number of supplier of foreign trade products cannot be exported due to foreign enterprises, the export tax rebate using forged documents and signed false purchase contract method, cheating export tax refund 500000 yuan (including the number of products have been sign product tax, value-added tax and other taxes 190000 yuan). The enterprise should be how to deal with? ( )

   A. to contract fraud punishment

   B. to tax evasion crime punishment

   C. to export tax rebate fraud crime punishment

D. to the crime of evading taxes and export tax rebate fraud crimes

4, B found just from the cash out of banks, is followed to the less, grabbing B handbag and ran. B in hot pursuit, fast to catch up, took the knife plunged to B, B to death. Constitute a behavior ( )

A, the crime of negligence causing death       B, robbery

C, robbery and intentional homicide   D, the crime of intentional homicide

5, B and B collusion theft electric warehouse, from B to make a "master key", a few days later, B will prepare the keys to man, the two agreed to meet at 12 in the evening after the warehouse door. Night, B for fear of being punished not to the scene after the crime. While the man about to the scene, because of not wait until a B, then use "master key" to open the warehouse, stolen laptop computer two, the value of 20000 yuan, after selling money 13000 yuan. Afterwards, a 300 yuan to B, B to shirk free of charge after. B's behavior belongs to which of the following? (    )

A. does not constitute a crime

B. constitute the crime of theft, but the desistance of crime

C. constitute the crime of theft, but belong to attempted crime

D. and B together constitute the crime of theft crime

6, a and B Department of state organs work colleagues, usually a gap. In retaliation for the B, B to the public security organ for anonymous report false, false B in a dance hall prostitution, "escort girl" as a C. The investigation by the public security organs, a C makes false evidence, B and by the public security organs. In the course of the public security organs and B, a multi pass rendering in public B prostitution "facts", on a behavior should be how qualitative? (  )

A. crime of false accusation

B. retaliation against a crime

C. libel

D. does not constitute a crime

7, according to Chen an account, he was diagnosed with a sexually transmitted disease in a month ago, but think that using condoms every time, won't infect others, so the side treatment, while often prostitution. John Chen's behavior in the criminal law should be how qualitative? ( )

A. crime of carnal knowledge of a child

B. given a statutory crime

C. crime of spreading venereal diseases

D. does not constitute a crime

8, in accordance with the provisions of China's "criminal law", which one of the following acts constitute the crime of espionage? (    )

A. for overseas institutions, to steal State Secrets

B. indicates the target enemy bombardment

C. is an overseas organization of illegal information

D. supplying weapons and ammunition for the insurgents

9, the police a temporary need money, then find the self-employed B money. B agreed to lend the money, but the condition is to have goods pledge. A firearm to B pledge, B lend a cash 50000 yuan, loan period of 1 months. 1 months later, a unable to repay the loan, B will report to the public security organs. A, B's behavior belongs to which of the following? ( )

A. a, B are innocent

B. a breach of illegal gun crime, a branch of ethylene

C. a not guilty. B violates the illegal possession of firearms

D. a breach of illegal crime the gun team. B violates the illegal possession of firearms

10, a series of contract police, a duty and friends playing cards, when a man call her soon suffered a serious injury, protection, no immediate action, also did not report to the leadership, the criminals will be the man killed, constitute a behavior (  )

A B, serious liability accident crime, crime of negligence causing death C, be forgetful of one's duties crime     D, the crime of breach of privilege

Two, multiple choice questions, this part of the 11 25 questions, there are two or more than two correct answer to each question to the options, answer less or more answer did not score. This part consists of 15 points, 1 points for each question.

11, which of the following acts constitute the crime of intentional homicide? (   )

A, a robbery, in order to kill, kill the victim

B, B rape a woman, cause a female Dutch act

C, C and D adultery for many years, one day, to kill her husband by Ding, Ding don't agree. C beaten Ding, and smashed items in its home, claiming that if Ding 2 days can not kill her husband, to Ding Ding Dutch act, because do not have the heart to kill her husband died Dutch act

D, a man and a woman meet Dutch act, to deceive a woman to Dutch act, the man fled

12, a B as the lookout, in C home theft B agree, a night, Party A and Party B agreed to propylene, ethylene lookout at the door, a into C home, see a person at home, then violence against C, robbed 10000 yuan in cash C. In this case should be how to identify? (   )

A. A and B constitute the crime of robbery accomplice

B. and B in the crime of theft within an accomplice

C. A and B have set up the robbery

D. a set of robbery, theft of ethylene was founded

13, a daughter in 2003 to participate in the college entrance examination, did not reach a university admission line. B Commission deputy director a commissioned the University City to C the Vice Chancellor of the university admissions to greet, Jia also delivered to the B 20000 yuan in cash, of which 10000 yuan to reward B, another 10000 yuan please B to C. B beckoned to C, and 10000 yuan will be forwarded to the C. C received 10000 yuan, and promised to help, but still did not admit a daughter. A month later, Bing's wife Ding knows this after the event, say to C: "you do not have to help people to work, can't accept this 10000 yuan, or back to the people." C after agreeing, Ding 10000 yuan returned to a. About the case, which of the following statements is true? (       )

A. B behavior was unjust enrichment and the introducing bribe crime

B. C did not take advantage of their positions to seek interests for others, so do not set up the crime of accepting bribes

After the C. C seek interests for others in failing to return the money, so do not set up the crime of accepting bribes

D. Ding will be 10000 yuan bribe back to a not handed over to the judicial organs, which help to destroy the evidence of crime

14, a public security team staff, and a dance hall boss b friends, masses report this dance has shelter a prostitution activities, notice B immediately a joint report, the following statement is correct (  )

A, constitute a crime of shielding

B, constitute a crime of helping criminals escape punishment

C, song and dance hall owner B prostitution activities constitute a crime

D, a behavior does not constitute a crime

15, which of the following statements is true? (     )

A. a theft B passbook, nominal fake B takes out 50000 yuan in bank deposit passbook. A act of theft and fraud

B. a theft of B 200 grams of heroin, because I don't do drugs, will be sold to a third heroin. A behavior crime and the crime of drug trafficking

C. a theft of a museum of precious cultural relics, 200000 yuan to the price sold to B. A behavior crime and the crime of scalping relics

D. a stealing a watch B, 20000 yuan to the price sold to C, a act of theft and sale of stolen goods

16, which of the following statements is true? (     )

A. a to B 20000 yuan worth of ring into the sea, because the ring itself is not damaged, a behavior does not constitute the crime of intentional destruction of property

B. a common second coming, worried about her handbag was B away, took hold of her handbag. B sees a clutching handbag, valuable goods suspect package, with a pass, to push away a handbag. Because B does not take people unprepared to seize property, so does not constitute the crime of seizing

C. a IC card will be an invalid insert ATM test bank automatic teller machine, happened to be shown to withdraw cash, then took out 5000 yuan. A cheating IC card as a debit card in this case has played a major role, thus constituting a crime of fraud

D. a car repair factory workers, found himself will have to overhaul a bus as an enemy B driving, the repair damaged the brake device, then the delivery. B driving the car, due to brake failure, causing collided with another vehicle, killing three people, one person was severely injured. As a not for being used in the traffic tools to implement the means of destruction, so does not constitute the crime of destruction of means of transport

17, which of the following acts constitute a crime of smuggling? (     )

 A, the song person by customs officers found the carrying counterfeit $30000

B, Liu heard Wang smuggling to import a batch of VCD player, which is at a low price to purchase 50 units sold in the market

C, Hong Mou is owned enterprises boss, because the huge debt owed others, who will be duty-free purchase two cars imported cars on the market price of 1600000 yuan to offset the debt

D, Zhou invited two friends carrying illegal buy guns, sailed to the open sea feeder smuggled goods

18, which of the following acts constitute crime of medical accident?    )

Dr. A. Zhao eager for work, for patients not carefully check Ding said no problem, let d go home and rest, resulting in a deterioration of Ding, led to a deaf;

B. pharmacist money in a wrong will be absent-minded when dispensing, should give Qin medicine to a certain iron, at that time a discovery by iron, otherwise it will cause very serious consequences;

Nurse C. sun in nursing care unit patients, for receiving a call up to 40 minutes, resulting in critically ill patients with secondary a severe hypoxia, although after the rescue out of danger, but has become a vegetable;

D. individual doctor Ma Mou to Humou extraction, the use of forceps without disinfection, resulting in a wound infection caused by sepsis Hu, died 6 months later.

19, which of the following behavior is a crime of breach of trust control listing Corporation sin? (     )

A, free of charge to other funds, unit or the individual commodity, service or any other asset;

B, obviously unfair conditions, providing or receiving funds, commodity, service or any other asset;

C, to provide funds, commodity, service or any other asset or individual who obviously does not have the ability of repayment units;

D, a justification for the waiver of claims, debts;

20, the crime of robbery is correct is that: (     )

A, armed robbery, but not to plunder property, but did not cause personal injury consequence of other people, belonging to the attempted robbery;

B, behavior to carry the State prohibits other instruments than individuals carrying instruments to rob, but there is evidence that the instrument is not really in order to implement the criminal preparation, not to robbery conviction;

C, driving a vehicle to rob property, because the victim does not let go and take a strong pull hard drag method to plunder property, constitute the crime of robbery;

D, theft, fraud, behavior of seizing behavior, does not meet the "large amount", for booty, resist arrest or destroy criminal evidence on the spot the use of violence or threats of violence, if the circumstances are relatively minor and the harm is not great, not to the crime;

Characteristics of 21, are: (cult   )

A, fraudulent use of religion, qigong or other name establishment;

B, the deification of the ringleaders;

C, with manufacturing, spreading superstitious heresies and other means to confuse, deceive people;

D, development, control members, harm to society;

22, about the crime. Inciting soldiers is not correct (     )

A, the crime is an act committed;

B, only public incitement, not secret incitement;

C, can only be instigated servicemen, not incite reservists;

D, as long as to constitute crime;

23, which of the following statements is true? (    )

The main A, escape crime and crime of disrupting the order of supervision is being held in accordance with the law, criminal suspects, defendants and

B, the subject of perjury is witness, identification, record, translator, the defenders and agents ad litem

C, the subject of fraud crime of loan can be a natural person, also can be the unit

D, the subject of the crime of credit card fraud is only natural person, but not the unit

24, about the lure, instigate, deceive others drug crime and forcing others drug crime, the following statement is correct:     )

A, lure, instigate, deceive others drug crime in the "others" is limited to the full 14 years of age

B, illegal drugs in milk and provided to the baby to drink, was not tempted, abetting, deceive others drug crime, and the establishment of forcing others drug crime

C, the national staff using their powers forced another drug, belonging to the statutory aggravating circumstances

D, forcing minors drug, belonging to the statutory aggravating circumstances

25, which of the following statements is "embezzlement of public funds for personal use"? (    )

A. personally will lend a state-owned enterprises to use public funds

B. personally give public money to private enterprise use

C.'s decision in the name of the unit will be public money to other units, seek personal interests

D. in the name of the unit to use public money to other natural persons, not seek personal interests

Three, uncertain item choice, one or more than one correct answer to each question to the option, no answer, answer less or more answer did not score. This part of the 26 35, a total of 10 points, 1 points for each question.

26, may constitute a war crime, the situation is: (self injury     )

A. reservists Zhang in wartime to evade conscription, self inflicted injuries

B. warrior Lee as early as possible from the battlefield, enemy fire to me in violent square shooting, deliberately arm in the bunker, the enemy bullets, unable to fight

C. warrior king a wartime was ordered to guard the warehouse, guard for sleepy asleep, which lead to the theft, in order to cover up the mistake, he uses a knife to self inflicted injuries, that the robbery

D. warriors Chen to meritorious service as the hero, the wartime self inflicted injuries, injuries that in and attack enemy crossfire

27, the following statements is not true: (    )

Maximum statutory penalty of A. of article 266th of the criminal law of the crime of fraud is life imprisonment, the maximum statutory penalty provisions of article 198th of the crime of insurance fraud for a period of 15 years. In order to keep the criminal law coordination and implementation of the principle of suiting punishment, especially huge amount of insurance fraud, fraud should be punished

B. according to the provisions of article 358th of the criminal law, "rape forced prostitution" the establishment of forced prostitution sin, not a combined punishment for several crimes. The full 14 years of age under the age of 16, together with others, the rape of women after the forced prostitution, and he shall not bear criminal responsibility; because the article seventeenth of the criminal law does not provide the full 14 years of age under 16 years of age should bear the criminal responsibility of forced prostitution sin

C. article 382nd of the criminal law stipulated the ordinary citizens and the State functionaries hook together with corruption, by the accomplice, therefore, ordinary citizens can constitute the crime of corruption and the national staff accomplice; Article 385th of the criminal law for the crime of bribery no similar provision, therefore, ordinary citizens may not constitute the accomplice of bribery of national staff

The provisions of the 4 paragraph of article 399th of the criminal law of D., "the judicial personnel to accept bribes" favoritism and other behavior, in accordance with the provisions of punishment heavier punishment. However, the judicial staff bribery and favoritism and other behavior, it should be combined punishment for several crimes

28, about the organization with underworld society crime, the following statement which is right? (    )

A. triad is the crime group, has a common feature of a criminal group

Damage behavior of B. underworld organizations are engaged in, including criminal activities, including illegal behavior

The C. organization, leadership, to participate in the organization with underworld society nature, including organization, leadership, in the underworld property organization behavior, also includes other crimes in the underworld property organization unified planning, under the command of

D. the underworld property organization must have an umbrella.

29, a trafficking cigarettes, drive pass by a checkpoint, stopped inspection and law enforcement departments. The inspectors B is boarding check, a sudden start the car and ran out. Handle B seize the car door is not put, a from B, in the street suddenly slam, causes B head with death. The following options are correct? (  )

A. a crime is indirect intention

B, constitute a crime of intentional homicide

C. constitute a crime of negligence causing death

D. a crime is the fault of negligence

30, to which of the following is not should be punished? (    )

A. in goods smuggling ordinary goods, by violence, threat, resisting customs

In the process of B. in drug smuggling, violence to resist inspection, if the circumstances are serious

C. in the organization of people to secretly cross the national boundary (border) exit process, using violence to resist the examination

D. in transporting people to secretly cross the national boundary (border) exit process, using violence to resist the check

Episode 31, which of the following acts constitute the crime of illegal business operation seriously? (     )

A. without the approval of the State Tobacco Monopoly Bureau, management of cigarettes

Licensing B. without a competent department of salt industry management state, edible salt

C. to carry out false propaganda of merchandise

D. fabricated and spread false facts, damage rival commercial reputation

32, which of the following acts constitute a crime, told to deal with? (  )

A. uses violence to interfere with another person's freedom of marriage

The B. with violence openly insulting others, if the circumstances are serious

C. maltreatment of family members, if the case is serious

D. abandoned dependents, aggravated

33, which of the following acts constitute crime of medical accident?   )

Dr. A. Zhao eager for work, for patients not carefully check Ding said no problem, let d go home and rest, resulting in a deterioration of Ding, led to a deaf

B. pharmacist money in a wrong will be absent-minded when dispensing, should give Qin medicine to a certain iron, at that time a discovery by iron, otherwise it will cause very serious consequences

Nurse C. sun in nursing care unit patients, for receiving a call up to 40 minutes, resulting in critically ill patients with secondary a severe hypoxia, although after the rescue out of danger, but has become a vegetable

D. individual doctor Ma Mou to Humou extraction, the use of forceps without disinfection, resulting in a wound infection caused by sepsis Hu, died 6 months later

The 34, which one of the following acts constitute the crime of rape? (   )

A. traffickers abducted women to seduce

B. after the acquisition and was forced to buy women have sex

C. transport people to secretly cross the national boundary (border) environment, to be transported with rape

D. using subordination to coercion to seduce the serviceman's wife

35, B two people escaped from prison, a successful escape, B failed to escape the police blocked. The following options are correct (     )

A. is a crime;

B. and B are accomplished crime;

C. and B are attempted crime;

D. is a crime, B is the attempted crime.

Four, case study, 25.

(a) a thought to divorce his wife, the wife is the sister Ding from provoke induced, and thus kill Ding and his family fled to Taiwan after hijacked planes to read, and B agree. Then, a and B two people buy tear the gun, and the gun will tear decomposition camouflage, conducted two boarding test. At the same time, prepared the poison "red", used to kill Ding and his family. A and B two people decide on the night of November 8, 1999, kill Ding and his family on Changchun City to the city of Xiamen to Taiwan flight, the aircraft hijacking. In November 3rd, by a contribution, B to Changchun purchased a November 7th Changchun City to Xiamen City, two plane tickets. Later, B scared, alone to report to the public security organs. The public security organs after receiving the report, will be a captured, prevented the further developments. (C. 10)

Q: 1 a constitute what crime? Be punished?

2 B constitute what crime? Be punished?

 

 

 

 

 

 

 

 

 

(two) the money from drug traffickers to buy 2500 grams of heroin, ready to sell for profit. For the blind, a hospital morgue to steal money from a baby bodies, heroin hidden in the baby's body carried to the city. In order to get the heroin, heroin doped in their money will be rolled cigarettes, known as the "God of smoke", cure, make the unknown truth, Liu Mou, pan and so on more than 10 people addiction, had to buy expensive money a "God of smoke". Qian Mou was captured, most of heroin has been sold, only 400 grams. (C. 15)

Q: 1 money a violated what charge?

2 money a violates what is the maximum statutory penalty charges? What is the crime?

3 on the money one can apply the maximum statutory penalty? Why?

 

 

 

 

 

 

 

 

 

Five, title 20 points (small paper, not less than 500 words).

On the national staff (point of view is clear, argument is sufficient, rigorous logic, fluent text)