The sixth chapter  Form of crime

    A, single choice

1. preparation for a crime, attempted crime, the discontinuance of crime, the accomplished offence is(    )Stop shape.

  AUnpremeditated crime

  BIntentional crime and criminal negligence

  CThe direct intentional crime

  DIndirect intentional offense  

2The result crime to intentionally(    )As the standard of accomplishment of crime.

  AComplete the crime of statutory

  BOccurrence of legal crime result

  CDangerous state. Some results of hazards

  DHave all the elements of a crime  

3A trailing B, trying to rob the B's purse, suddenly heard someone calling his name, and thus unable to rob B wallet. A behavior(    ).

  AIs the crime of robbery(Preparation for a crime)

  BIs the crime of robbery(Attempted crime)

  CIs the crime of robbery(The discontinuance of crime)

  DDoes not constitute a crime  

4In order to rob. A B and trailing B, in this process, suddenly heard footsteps behind him. In order to avoid exposure of a crime, but hurried away. It is a brand, behind him and no one. A behavior(    ).

  ADoes not constitute a crime

  B. constitute the crime of robbery (crime)

  C. constitute the crime of robbery (criminal)

  D. constitute the crime of robbery (crime)

5A to B and B after trailing rape. Since then, B to B found by chance in the back, are men, and dismissed the rape. A behavior(    ).

  AConstitute the crime of rape(Attempted crime)

  BConstitute the crime of rape(Preparation for a crime)

  CConstitute the crime of rape(The discontinuance of crime)

  DDoes not constitute a crime    

6A trailing B, B to rape. B in the accident in the back, B is the acquaintance, so give up the idea of rape. A behavior(    ).

  AConstitute the crime of rape(Attempted crime)

  BConstitute the crime of rape(Preparation for a crime)

  CConstitute the crime of rape(The discontinuance of crime)

  DDoes not constitute a crime  

7A kill B to B, wounded, mistakenly believe that B is dead, for revenge, will b buried. The forensic identification, B is choked to death. A behavior(    ).

  A. constitute the crime of homicide (crime) and the crime of negligence causing death

  B. the crime of intentional injury and death caused by negligence crime

  C. the crime of intentional injury (to death)

  D. constitute the crime of homicide (crime)  

8A thief had a unit value100Million cars, due to fear of legal sanctions and active will car back to the unit. A behavior(    ).

  ACan not be punished for the crime

  BConstitute the crime of theft(The discontinuance of crime)

  CConstitute the crime of theft(The accomplishment of a crime)

  DConstitute the crime of theft(The accomplishment of a crime)The discontinuance of crime processing, can refer to  

9A B with shot. The gun is arranged in the6Bullets. A in B fired a shot, Miss B, which was found and stop. A behavior belongs to the crime of intentional homicide(    ).

  APreparation for a crime

  BAttempted crime

  CDiscontinuation of a crime

  DThe accomplishment of a crime    

10A B with shot. The gun is arranged in the6Bullets. A in B opened one gun is hit, B. In the present may continue to shoot B case, a failing to shoot. A behavior is a crime of intentional homicide(    ).

  APreparation for a crime

  BAttempted crime

  CDiscontinuation of a crime

  DThe accomplishment of a crime     

11Two common shot. B C. A hit by C, C death. Yi Wei hit C. B behavior belongs to the crime of intentional homicide(    ).                   

  AThe accomplishment of a crime

  BAttempted crime

  CPreparation for a crime

  DDiscontinuation of a crime  

12A B C to kill. B to kill C, a conscience, block B behavior. In this case,(      ).

  A. B must take the crime of intentional homicide (crime)

  B. B must take the crime of intentional homicide (criminal)

  C. B must take the crime of intentional homicide (crime)

  DA shall bear the crime of intentional homicide (criminal responsibility), B should bear the crime of intentional homicide (crime)

13According to the common crime. There is no criminal division, can be divided into (a joint crime      ).

  AGeneral and special accomplice accomplice

  BSimple and complex accomplice accomplice

  CAccomplice, and things in advance

  DArbitrary accomplice and the necessary accomplice   

14China's criminal law240The provisions, if the trafficking of women and children, and forcing abducted women into prostitution, office10Years of fixed-term imprisonment or life imprisonment. This provision belongs to (      The legislation).

  AThe imaginative joinder of offenses

  BImplicated offense

  CThe aggravated consequential offence

  DCombined with the prisoners 

15China's criminal law171Article3The provisions of paragraph:"Counterfeit currency and sells or transports counterfeit currency, in accordance with the provisions of article170Shall be convicted and given a heavier punishment to the crime of counterfeiting currency (i.e. the conviction and punishment--Editor's note)."The provisions of the criminal law is (      ) legislation.

  AImplicated offense

  BThe absorbable offense

  CCombined with the prisoners

  DThe aggravated consequential offence 

Two, multiple choice questions

1The type of crime accomplishment includes(          ).

  AThe prisoners

  BBehavior committed

  CDangerous prisoners

  DMove to make  

2The following is a crime. The act committed a(          ).

  AIncite the fission country crime

  BTissue, leading, participating in terrorist organization

  CEscape

  DThe crime of Imparting Criminal Methods   

3The following behavior is the preparatory behavior for a crime is(          ).

  ATo kill stealing firearms act

  BFor terrorist criminal activities and organization of terrorist acts

  CFor the implementation of theft and pickpocketing. Practice the behavior

  DClose to the victim's behavior  

4Unfinished crime refers to(          ).

  ANot to the criminal action

  B, legal crime result has not occurred

  CUnfinished crime legally

  DDo not have the statutory dangerous state   

5A fake gun when true shot B. Kill B and the body as a B C. He is to be shot, by Ding Zuzhi. A behavior is a crime of intentional homicide(           ).

  AThe tool can not commit attempted

  BThe object impossibility

      CThe completed attempt

      DNot the completed attempt   

6A put sugar as arsenic on B food, to kill B. B because of poor appetite, food for her dog ate. A behavior is a crime of intentional homicide(          ).

  ANot the completed attempt

  BThe completed attempt

  CThe tool can not commit attempted

      DThe object can not make the attempt  

   7. the discontinuance of crime can occur in a crime(         )Stage.

     ACriminal intention to prepare

     BCriminal intention formation

     CCrime said

     DCrime 

8The principal including(          ).

  AThe organization crime

  BTo help the prisoners

  CPlay a major role in crime

  DPlay a major role in the instigator 

9Have been full16Years of age a pay call not full16Years of B for him 2KgHeroin from illegal overseas to china. A behavior(        ).

  AIs the drug smuggling. The indirect criminals

  BAnd B behavior does not constitute a crime

  CAbetting dissatisfaction18A person under the age of criminal acts, shall be given a heavier punishment

  DAnd B behavior constituted the crime of smuggling drugs

10The attempt of crime"Causes beyond volition behavior"Include(         ).

  AThe victim's request

  BThe natural force of the block

  CHuman understanding of the object of crime. The behavior or criminal tool error

  DThe third stop

11At the following, does not constitute a crime is(         ).

  AMove to make

  BCommon criminal negligence

  CAt the same time make

  DBehavior committed

12. including the necessary accomplice in our criminal law (      ).

  AThe crime of disturbing social order

  BThe organization crime of escape

  CThe impact of state organs crime

  DTissue, leadership, in the black social organization crime

13. absorbable offense (including             ).

  AThe main behavior is absorbed from the behavior

  BBefore the act after absorption behavior

  CHeavy conduct absorbs the light behavior

  DAbsorption of actions of non action    

14One crime in nature (including          ).

  AThe absorbable offense

  BThe aggravated consequential offence

  CThe imaginative joinder of offenses

  DTo make 

15. the following is the aggregated consequential offense has (            ).

  ARobbery causing death

  BRape of death

  C. dangerous goods accident, especially serious consequences

  DTorture to extract confessions of death     

Three, fill in the blanks

1The main distinction. Preparation for a crime and attempted crime is________The implementation of crime or not.   

2. preparation for a crime and the preparatory phase of the crime discontinuance of crime is the key to the difference is not of the crime is in the behavior of people______.    

3In preparation for a crime,______According to the accomplished crime_____,______Or______Punishment.

4For_______, no damage is caused, be exempted from punishment; damage is caused, be given a mitigated punishment.

5More than two people__________Crime, not to be punished as a joint crime; he should bear criminal responsibility, according to the crimes they have committed_____Punishment.  

6．____At least one of the common crime and the composition of the more______The organized crime, criminal groups.

7Yes__________________________________Punishment, according to all the crimes committed by the group.

8If the instigated person does not commit the instigated crime, the instigator,________A lighter or mitigated punishment.

9In the common crime play________Or________The role of, is an accomplice.

10The number of crimes including species_______The number of crimes and______The number of crimes.

Four, terms to explain problems

1Intentional crime. Stop form in the process of

2The accomplishment of a crime

3Preparation for a crime

4Attempted crime

5Discontinuation of a crime

6The crime group

7The instigator

8The imaginative joinder of offenses

9To make

10The aggravated consequential offence

11The continuous offence

12Implicated offense

13The absorbable offense

14Combined with the prisoners

15Habitual

Five, short answer questions

1. what are the main differences between preparation for a crime and expression of criminal intent?  

2. attempted crime should have what characteristics?

3The imaginative joinder of offenses and the implicated guilty. What is the relationship and difference between?

Six, to discuss the problem

1Test category. The common crime and criminal responsibility.

2The characteristics of the implicated offense.

3At the joint crime must have the conditions.

Seven, case study

   1A want to kill B, then knifed B, B minor injuries induced by. B for a don't kill him. A moving sympathy, not to chop down the B. B - to go to the hospital bandage. The nurse of hospital medicine as a tetanus shot to formalin injection induced by B, B death. On a behavior should be how to deal with? 

   2A direct their age15Old son stealing others value b10Million cars. In this case it should be how to deal with?

   3Knowing that the defendant. The judge a B guilty, in accepting B RMB5Million yuan, deliberately contrary to facts and legal declaration B innocence. On a behavior should be how to deal with?

 

 

 

The seventh chapter   Proper behavior

A single choice

The time conditions of justifiable defence is (1       ).

A. unlawful infringement has begun

B. being infringed

C. unlawful infringement is not over yet

D. unlawful infringement has begun

2 defense (object condition is        ).

A. unlawful infringement

B. has started the unlawful infringement

C. third

D. illegal violate oneself

The implementation of the 3 act of self-defence does not meet the time requirement, in criminal law theory called (       ).

A. pre defense

B. afterwards defense

C. defense is not timely

D. excessive defense

3 the wrong answer may be A, B, namely pre defense and afterwards defense. Because one of the pre defense and afterwards defense is not in conformity with the time of justifiable defence.

4 excessive defense shall bear criminal responsibility, but (       ).

A. shall be reduced or exempted from punishment

B. can be reduced or exempted from punishment

C. can reduce the punishment

D. shall be exempted from punishment

Causes of the 5 implementation of self-defense is (       ).

A. in order to protect the legitimate interests

B. is an unlawful infringement

C. defensive behavior caused no damage

D. have any infringement of human existence

The 6 man in self-defense process error will come to stop the illegal violation of public security personnel as criminal associates to be hurt. Belongs to a behavior (       ).

A. imaginary defense

B. provocation defense

C. defense is not timely

D. excessive defense

7 emergency necessary limit refers to the damage caused by the behavior (hedge        ) may cause damage.

A. can be more

B. cannot be less than

C. may be equal to

D. must be less than

One of the 8 legitimate defense and emergency hedge is the same as (       ).

A. hazard sources

B. implementation conditions

The implementation of C. objective

The implementation of D. object

Our country criminal law 9 stipulation, only in (        ) cases, in order to implement the emergency.

A. risk has occurred

B. have no alternative against one's will

C. danger will happen

D. possible dangers

10 emergency object is (       ).

A. risk

B. third the legitimate interests

C. illegal violate oneself

D. natural disasters

Two multiple choice questions

1 the justifiable defense establishment must have (        ).

A. must have the unlawful acts harmful to society

B. must be unlawful infringement is

C. act of defense in order to safeguard the legitimate rights and interests of the

D. act of defense can not obviously exceeds the limits of necessity and major damage

2 according to the provisions of the criminal law of China, the following behavior is not justifiable defense behavior (        ).

A. imaginary defense

B. provocation defense

C. defense is not timely

D. excessive defense

Our country criminal law 3 stipulation, only the implementation of self-defense to the objective existence of unlawful infringement, infringement refers to (     ).

A. crime

B. serious violations

C. ethical violations

D. acts of violation of rules and regulations

4 an unlawful infringement has ended can be expressed as the following: (       ).

A. unlawful infringement has ended

B. infringement people automatically cease infringement

C. infringement people has been uniform

D. infringement people have lost the ability to continue to infringement

5 emergency in the risk comes mainly from the following aspects: (       ).

A. unlawful infringement

B. natural disasters

Physiological, pathological causes of C. people

D. animal natural invasion

Our country criminal law 6 stipulation, it shall bear criminal responsibility, but (       ).

A. shall be given a lighter punishment

B. be given a mitigated punishment

C. may be exempted from punishment

D. shall be exempted from punishment

Our country criminal law 7 stipulation, the necessity of avoiding danger to oneself, does not apply to (        ).

A. adults

B. units responsible for the people

C. has specific responsibility in his position on the people

D. has specific responsibility in business

8 the justifiable defense and emergency hedge the same point (       ).

A. is beneficial to the community legal behavior

B. is to protect the legitimate rights and interests

C. will cause some damage in the objective

D. is implemented in have no alternative against one's will case

9 the justifiable defense and emergency hedge (the difference between       ).

A. risk from different sources

Implementation of B. in different conditions

C. caused the damage degree of different

The implementation of the different object D.

Our country criminal law 10 stipulation, the ongoing violence, (         ) and other serious endanger the personal safety of violent crime, take defensive actions, against illegal caused casualties, he shall not bear criminal responsibility.

A. kill

B. robbery

C. rape

D. kidnapping

Three. Fill in the blanks

1 the justifiable defense, refers to the state, the public interest, the person himself or herself or others,       And       From being infringed, to the suppression of unlawful infringement caused by the infringement people not obviously exceeds the limits of necessity and major damage caused no behavior.

2 people to the actual          But the assumption of the so-called"Illegal infringement"Implement"Just Cause", resulting in damage to others, which is called in the theory of criminal law        .

3 excessive defense shall          But it should be       Or       Punishment.

4 emergency, refers to the state, the public interest, the person himself or herself or others, property and other rights from            Have no alternative against one's will, in the circumstances, the damage             And preserve the legitimate rights and interests of the larger.

5 it shall bear criminal responsibility; but shall         Or        Punishment.

Four. Noun explanation questions

1 proper behavior

2 the justifiable defense

3 imaginary defense

4 excessive defense

5 the defense is not timely

6 emergency

7 hypothetical hedge

8 excessive hedge

Short answer questions five

1 of China's criminal law on the right of special defense is provided?

2 what is the concept and characteristics of self-defense when?

3 emergency establishment should have what conditions?

The six essay questions

1 test the concept of the justifiable defense and the establishment of conditions.

2 the justifiable defense and emergency hedge similarities and differences.

Seven. Case study

1 Xu, male, 20 years old. The afternoon of December 2, 1997, Xu and classmate Wang Qinhua et al to throw each other in the recess snowball playing, Wang Qinhua later found the trousers by wood cut, suspect Xu for. Therefore, the king in the class with snowballs and Xu, Xu to spit on. After school, Wang Qinhua, Wang Jinquan so they pursued the beatings xu. Beaten by Wang Jinquan Wang Qinhua, the afternoon of the second day out, the mouth is broken. Xu for even Wang Qinhua beaten, for several days did not dare to go to school, at home and knives a. The morning of March 8th, Xu carrying knives a to the school, to the classroom door, were classmates Liu Pengwen pull to the outside, Liu Yu Wang Qinhua and a group of people were beaten on Xu, Xu with the knife was knocked to the ground, Xu Shiqi the knife away, Liu Peng a group of people picked up bricks chasing Xu, waist, legs, feet will Xu's wounded, Liu Pengwen chase to catch Xu, with brick slam Xu head etc., will Xu head parietal play rupture, hand wound. Xu in this case, the left hand over his head, right hand knife poke, chest, abdomen to Liu Pengwen six injuries, resulting in hemorrhagic shock death.

Q: try to analyze the case of Xu behavior whether to belong to the justifiable defense?

2 the defendant Yemou (male, 28 years old, the driver) in a October day, driving a truck to transport the company sent phosphate. Through a mountain road, just downhill, suddenly brake failure, automobile brake not, down rapidly, at any time the risk of rollover in the valley. In this critical moment, Yemou Jizhongshengzhi, turn the steering wheel to play, so that the front itself to wipe the hill, friction to slow down the body and the mountain wall. The speed slowed down, but still can not stop, the risk is not eliminated. At this time, there is a coal truck slowly climbing upward. Only see two car speed is slow, in order to make the down train stopped, their elimination of danger, is taken with the traffic collision measures. The results, the car stopped, but two car engines are damaged, then spend the repair cost more than 47000 yuan, plus Yemou damaged friction head and the mountain wall caused by repair cost more than 12000 yuan, a total of more than 59000 yuan. Without any personal injury, loss of goods does not.

Q: try to analyze the case of a behavior whether to belong to the middle of the emergency?