At the beginning of

Criminal law does not believe the socialist legal concept

 

　1Before the Spring Festival. The boss a transfer of assets, refused to pay the wages of migrant workers. The labor department issued payment notice, a deliberately missing. The public security organs after receiving the alarm, immediately transferred police quickly captured, a. In the period of investigation, a pay the wages owed. After the prosecution, the court according to the "criminal law amendment (eight)" a behavior cognizance of crime of refusing to pay the remuneration, a plea of guilty. About the case, which of the following statement is wrong?

　　A. "criminal law amendment (eight)" adding the crime of refusing to pay the remuneration, embody the idea of serving the overall situation, the protection of people's livelihood of legislation

　　BThe positive case. The public security organ to solve social problems, play a security role of the people's livelihood

　　CAccording to the "criminal law amendment (eight)" the on trial, embodies the correctional simultaneously, guide citizens obey the law, social good effect

DA paid wages, can no longer be investigated for criminal responsibility in a, in order to achieve a good social effect

Answer.D[specific, crime of refusing to pay the remuneration]

Independent subject and the concept of socialist rule of law

 

The law:One of 276th  [method] amount of malicious wage sin to transfer property, escape to avoid paying the remuneration of workers or the ability to pay and no pay labor remuneration, labor is larger, the relevant departments of the government shall pay still do not pay, is less than three years imprisonment or criminal detention, or be fined; causing serious consequences at three years, more than seven years in prison, fined.
        Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.
        There are two kinds of actions, no serious consequences, pay the remuneration of workers in the public prosecution, and bear corresponding liability for compensation according to law, can be reduced or exempted from punishment.

Crime of refusing to pay the remuneration

1,  Money does not give

2,  Administrative order

3,  Pay pay, compensation for the prosecution filed before, can be reduced or exempted from punishment

 

The key lies in third points.

 

 

　241st of those buying abducted women, children, according to be bought women will not hinder, returning to their original residence, to buy children do not abuse behavior, not hinder to rescue them, can not be investigated for criminal responsibility.

 

Article sixty-eighth [who] criminals expose others to crime, verified, or provide important clues, and the cracking of other cases meritorious performance, may be given a lighter or mitigated punishment; there are significant meritorious performance, can reduce or exempt from punishment.

 

Article 449th [] on wartime probation during the war, was sentenced to three years in prison without a real danger of probation criminals soldiers, allowing it to redeem himself, has performed meritorious service, the original sentence can be revoked, shall not be regarded as a criminal.

 

2A and B female love. B due to a disability up, a don't agree, pull B to leave, was bitterly rejected B. A despairing yell:"I don't get you, nobody will"Even more than ten knife, stabbed, induced b died on the spot. A flight a few days later, surrender, performance of repentance. On the application of the death penalty, which of the following statements in accordance with the concept of fairness and justice in law enforcement?

　　A"Criminal law". According to the regulations, when a homicide behavior were evaluated as"The most serious crimes"Be sentenced to a punishment

　　B"Criminal law". From the maintenance of authority, regardless of whether there is a mitigating circumstances, shall be sentenced to a punishment

　　CA reckless homicide, to prevent suffer, even a confession repentance, should also be sentenced to death immediately

　　DShould be fully taken into consideration and respect. Netizens call, then decide whether to be a death penalty

Answer.A[general principles, applicable conditions of death penalty]

 

Article forty-eighth [death, death of application and approval procedures] the death penalty criminals in the most serious offense. Who should be sentenced to death, if immediate execution is not essential, may be announced at the same time with two years reprieve sentenced to death.

 

Three, the legal

Prohibition of retroactive    Liberalism.

Prohibition of customary law,    Statutory crime legal

Prohibition of analogy to explain

Prohibition of uncertain punishment and prohibition of improper punishment punishment behavior

3The following views. On the legal principle of crime and punishment:

　　1The legal binding only the legislators, judges do not constraint

　　②The legal binding only the judge, not constrained investigators

　　③The legal prohibition of analogy in criminal law only, not applicable law

　　④The statutory prohibition against ex post facto laws only defendant, not banned afterwards method in favor of the defendant

Which of the following statements is true?

　　A．第1Sentence correctly, the② and ④Sentence error

　　B．第IISentence correctly, the③ theSentence error

　　C．第④Sentence correctly, theII. TheSentence error

　　D．第① theSentence correctly, the② theSentence error

Answer.C[general], legality

 

 

Four, elements

 

 

 

Objective elements    And subjective

Descriptions and specifications            (if you need the value judgment of judges)

Positive and negative             (389Article by extortion, gives property to a state functionary, did not obtain improper benefits, not bribery)

Shared and non shared,      Common (ACT),,, non common (identity, purpose)

Written and unwritten        (for the purpose of illegal possession)

51"Criminal law" article246The provisions:"With violence or other methods, openly insulting others or fabricating facts to slander others, if the circumstances are serious, is less than three years imprisonment, criminal detention, control or deprivation of political rights."On this understanding, which of the following statements is true?

　　A．"By violence or other means"Belongs to the objective elements

　　B．"Others"Belongs to the account of the elements

　　C．"Insult","Slander"Belongs to the normative elements

　　D．"Less than three years imprisonment, criminal detention, control or deprivation of political rights"To determine the relative legal punishment

 

The legal punishment: to determine the relative legal punishment, the absolute determination of legal penalty, floating legal punishment

 

Three, (key: not as)

 

The old theory:

1, source of duty

The four fold division, legal laws and regulations stipulate the obligation: parents of their children, the parents of the children.

Occupation duty, firefighters

The duty caused by legal act, contract relationship

The duty caused by previous behavior, adults with children swimming etc.,

 

2, to fulfill their obligations

3, causality, i.e. avoidance

4, equivalent

 

Note, not as a pure rather the crime and crime, omission and the crime of omission distinction, not as a crime is equivalent to an intentional crime?

　4Which one of the following options. Not as a crime?

　　A. a to swim in the lake, see Wu in swimming. Wu suddenly leg cramps, only the presence of a call to. A ignored, Wu drowned

　　BOur refusal. Zhou courtship, Zhou said"If not agreed to, I would jump to the river Dutch act". B that Zhou may jump into the river, still do not agree. Week after a jump in the river, Yi Wei call, Zhou drowned

　　C. C and a greeting to the reservoir to swim. Acrylic display skill in swimming, will not swim a greeting to deep water area of the swimming teaching. He suddenly sank, C a little frightened, busy to swim ashore, he drowned

　　DDing asked Qin Mou to scenic area drifting drifting raft, in turn, Qin Mou belt loosening suddenly caused the fall in the river. Ding Wei down river save, Qin Mou drowned

 

Negative four types,

Zhang Mingkai's point of view, the obligation source three,,, first of all, the actor has to safeguard people's position

1Duty, supervision of dangerous sources based on

(1) on hazardous materials management, the animal

(2) supervision obligations to others in risky behaviors, the son, 

But, has not the duty to supervise such between husband and wife, adult brothers and sisters. For example, the wife

Knowing that her husband not to stop taking bribes, bribery crime is not set up to help.

 

(3Due to the previous act) against the interests of the law risk prevention obligation.

Unexpected provides poisonous food, causing poisoning, providers have a duty to rescue;Sales of dangerous goods act, with product recall obligations. Moreover, the night will be motor vehicles parked on the highway, but do not take measures to prevent the rear of the vehicle"Rear end collision"Vehicle collision, cause, cause others to death, parking to the result of death. Conversely, a male and female fall in love, then a male of molecular, Otome claims such as molecules Dutch act. Even so, a man must still and Otome. If a man looking at our Dutch act without stop, also cannot recognize others as obligations.

 

2Based on the law, and helpless (weak) state of the special relations between the protection duty, no real,, the obligation to protect the legal interests of the.

1.The obligation to protect the rules generated based on. The law will protect the legal interests to specific behavior person,

Human behavior is not protection has become the cause of. For example,Mother is nursing duties to the baby;Traffic police

Traffic accident victims with rescue duty;Parents see young girl was obscene obscene behavior has to stop others

Obligations;And so on. According to the law, it is found that the fire alarm people although there is compulsory, however, protection of the interests of the law is not

Specifically depends on finding the fire, the fire had not found on the criminal law substantive law obligation.

2. The obligation to protect the system or the system based on.When the system, system specific to the protection of law obligation

Entrusted to the specific behavior, the behavior person has the duty of protection. For example, staff of state organs in their duties

Within the scope of helpless(Fragile)Law has corresponding protection obligations. Another example,Swimming coach for the swimming learners have

The duty of protection.

3. Based on voluntary(The contract with the voluntary acceptance)The obligation to protect the.In the legal interest in helpless or crisp

Weak state, behavior voluntarily assume the obligation to protect, protect the legal interests of the people dependent on behavior, behavior must continue

Continued to assume the obligation to protect. For example,After the others abandoned baby girl home, must do their duty.Another example,

The number of people climbing formThe dangerous community(Means to take care of each other) Except, as long as there is no agreement, means each

People voluntarily accept the obligation to protect others.

 

3The field, dominated by the obligation to prevent risk benefit based on

1.Dangerous to own buildings, cars and other places within the stop obligations. For example, their own closed

A critically ill patients or life can not take care of the children burst into the courtyard, others can not find and rescue, courtyard

The ruler has the obligation to help. Moreover, the Venue Managers performing obscene programs in others, have to stop the meaning

Wu. The taxi driver for male passenger rape female passengers and ask no matter, the establishment of the crime of rape accessory. And as the,

The taxi stopped, will move into a taxi for the injured to the hospital, but an excuse to escape after. Although

Different from the driver will take the initiative to the injured to move people inside the car, but the perpetrators after getting off the bus, the injured in the driver

Li dominated, the driver has the duty to rescue. Contract in their own houses of others based on raising baby, not supply food

The death caused by objects, even if the contract is invalid or is also set up within the time limit, not as a homicide. Because

Infant life danger occurs independently dominated in the behavior of people, but also has the exclusive. Prostitutes in the client

The relationship between residential and clients have found that clients, myocardial infarction and leave, not to set up the crime of omission. However, if a prostitute

Guest and prostitutes in the prostitution female residential relationship, a myocardial infarction, prostitution female has the duty to rescue.

 

2. On risk behaviors in on his body to prevent duty. The most typical example is the man, Ren Youyou

The implementation of indecency to yourself, because of the danger in the men's body, man has to stop the obligation.

 

The saplings just when the fire started, the villagers Xing is pass by a discovery. Xing a knowing laws discovered the fire, everyone has the alarm obligations, but because of problems with Li Mousu, then slipped away.

5The villagers Xing. Whether a omission constitutes arson? Why?

 

Four, the causal relationship

Causality, isActThe causal relationship between the results and the

Say, noAThere is noB

1Objectivity

2The factors involved in the

3A fruit

 

Note: the possibility of behavior lead to results, or can not be identified as the act in criminal law

 

Causality and criminal responsibility

 

Causal relationship between, the usual behavior and results

 

The objective imputation

 

　53Because B empathy, a sulfuric acid into a cup to the school to revenge B. During the break, a and B, fierce quarrel, a desire to acid B, but fortunately failed to open the cup cover, due to chase after a B left the classroom. C to the classroom, took a cup as his own cup, open the cup cover sulfate sprinkling a body, burn injuries. About the case, which of the following statements is true?

　　AA failed to open the cup cover, its behavior belongs to the non criminal impossibility

　　BFor C injuries, constitute a crime of negligently

　　CAt there is no causal relationship between behavior and the wounded C A

　　DA to C seriously not intentional, negligence, need not bear criminal responsibility

[ACD]

 

By the way, the flaming lips cases

 

The fire burned all the trees on the hillside, burn the Lee, and spread to the fan a. Fan is the wake fled to the outside, think of bedroom5000Yuan in cash, which return a body to take money, was burned into the stone.

6Such as the determination. Huang setting fires and fan is a causal relationship between death, may what reasons? Such as negative Huang arson and fan is a causal relationship between death, may what reasons? (two questions must be answered)

Roughly rightfully causality (1According to the conditions that can be considered), between fire behavior and death"NoAThere is noB"Conditional relation (2) victim in the case, not accurately judge the risk return home to take money;(Or the victim's behavior not abnormal, intervening factors not abnormal)(3) victim in the case, take the money back to the house with common sense.

Generally the reason for denying the causality (1) according to the causal relationship, arson and death to the victim does not have the considerable; [no habitual, normally does not lead to death of the victim (]2) defendants to implement fire behavior does not burn fan, fan for rescuing limited amount of property returns the highly dangerous places, perverse; [] (abnormal intervention factors3The victim is normal adults) the spirit, of the consequences of his actions are very clear, therefore to be responsible for their own choices; interventional factors [] (abnormal4The victim attempts) to protect the legal interests of limited value. Only a to B residential fires, such as B in order to rescue the baby into the burned house, causality can be sure fire behavior and consequence between the death. [] interventional factors of abnormal

 

 

 

Five, the factors of liability, intention and negligence

 

Deliberately, all has a choice of actions and results

Negligence, only choice behavior, but no results, that is a beautiful accident.

 

Yamaguchi thick criminal jurisprudence228Page,

Negligence, duty of foreseeing result    And the possibility of prediction   Result avoidance obligation    The results of avoidance

 

      The allowed dangers   

 

　6And be strangers to each other. A Cuimou altercation, pushing his shoulder, kicked his ass kicked. Choi suddenly felt chest discomfort and then fell to the ground, died in the hospital at. After identification, Choi with coronary atherosclerotic heart disease, acute heart failure death. About the case, which of the following statements are true?

　　AA set up the crime of intentional injury, intentional injury death cause

　　BA behavior is not recognized as an intentional crime, can not be identified as an accident

　　C. there is a causal relationship between behavior and Cui a certain death results, this is an objective fact

　　DA subjective Choi have foreseen the possibility of death, the establishment of the crime of negligence causing death

[CAnswer skills]

 

5Which one of the following acts. An intentional crime?

　　AOthers want to jump off building. Dutch act, onlookers shouted"How not to jump"Others died, jump off building

　　BAnxious to go home. The driver, driving through a red light, the pedestrians on the road

　　CThe twin sister. Error will be sleeping as his wife, and their sexual relationship

　　DVisit friends. Drug use in the home, the master pretend not to see

Answer.D

 

Is it right? Nonfeasance crime?

 

AIs it right? Intentionally ah, yes, is deliberately not criminal law inside? No, not at all

BThe crime of causing traffic casualties typical (deliberately ran a red light, likely hit the dead?) For the next problem to solve.

CNegligence of rape

DOthers receiving drug crimes.

 

 

 

52. which of the following case does not constitute a crime?

　　ATeachers for students. Don't keep discipline in the classroom, the students out of the classroom, jump off building Dutch act

　　BPractical joke. The mechanic, the high pressure pump into the anus to the colleagues inflatable, intestinal, visceral damage

　　CDo boldly what is righteous. People ran after the thief, the thief jumped into the river to swim to the other side, passers-by rushed away, the thief suddenly cramps drowned

　　DNeighbors saw6Children from the balcony floor immediately to fall, then reached out to take, for failing to pick up, the children fell seriously

ABehavior does not have the evaluation of criminal law, there is no causal relationship between the criminal law of also can say the behavior and results,

BIntentional crime typical, indirect intent (Yamaguchi thick general provisions of criminal law)P199[]. "

CNo results foreseeable obligations

DNo results avoid obligations.

 

(2004In paper two chapter12Questions) Zhu for extramarital affairs have killed his wife Li Mouzhi read. One morning, Zhu put to death "tetramine to Lee fried cake at". Zhu is to prevent the6Old son eat cake poisoning, the son to the kindergarten, and told his son he pick. But Lee day off early after the child back, and son together to eat cake. Zhu after that, he returned home, his wife, son had died of poisoning. About the case, which of the following statements is true?

  AHis wife, son. Zhu to death with direct intention    B. Zhu of the death with indirect intent

  C. Zhu of the death with negligence            D. Zhu of the death was an accident

C

His wife for poisoning her husband, her husband put poison in the food, knowing that the child might eat food, still letting children died.

 

 

Six, illegal to exclude liability

 

Just Cause.

1There must be unlawful infringement, reality

(1) illegal, including illegal and criminal defense, then, to the justifiable defense can not focus only on and, offensive, destructive, the urgency of unlawful infringement, can be self-defense, counterfeiting registered trademark crime, bribery crime, crime of bigamy.

(2) invasive, include intention and negligence, including acts and omissions, as long as the acts against the interests of law threat.

In order to safeguard the legal interests, last ditch. Animal abuse

(3) reality, imaginary defense is not justifiable defense.

 

2The ongoing, must be unlawful infringement

Time

3, defense consciousness

Including defense and defense will

 

4The aggrieved person.

Object error, is the imaginary defense

If the error against self-defense?

 

Justifiable defence is to protect legal interests last ditch.

 

The emergency

The victim's commitment

7At about the justifiable defense exposition, which of the following statements are true?

　　AA criminal to niusong police station on the way, in the back of the car and hold the fierce resistance to the head, to the police station and found that it has died of suffocation. A set of self-defense

　　B. B find Qi a motorcycle looting that drove the car chase,2The car crashed into a guardrail parallel motorcycle, bounce and B car collision rollover, Qi a death. B was not justifiable defense

　　C. C find neighbors LiuMou (female) is home to prostitution, Liu value6000Security doors smashed yuan, prevent prostitution. C the establishment of justifiable defense

DDing shot is slipped across the country (border) environment where a seriously wounded. Ding Chengli self-defense

[B]

AIt is reported, Is it right? In protecting ah, not people, resistance is to escape, but is a last ditch? No, not at all. But questions remain in the.

 

BThere is danger not caused. Acts prohibited by law, between this behavior and harm result has no causal relationship, no, this is not a confrontational behavior, can not be identified as justifiable defense. For example, someone steal your stuff, I confront him, self-defense, I take you, someone steal your stuff, not self-defense.

 

CD, for non violent crime, not self-defense.

 

Seven, the responsibility to exclude liability

 

 

Eight, the incomplete crime patterns

Begin, is ready, then may he or attempted,

Termination can occur in the preparation stage, can also occur in the implementation stage.

 

[thinking]

8A desire to kill B, B down, throat induced ethylene deep coma.30Minutes later, a discovery Yi Wei dead, then knife stab B, B abdominal first knife, second knife in B's belt, a broken spine third knife. A deep sigh"Your life is too large, the whole you die, I'm convinced"B, then B to send medical, life insurance. According to investigation, the first knife has caused b injuries. Whether a crime forms, which of the following statements are true?

　　ACrime of intentional homicide attempted offense

　　BThe discontinuation of crime. The crime of intentional homicide

　　CIntentional injury crime accomplished offense

DThe crime of intentional homicide impossibility

[A]

 

( 2003- 2- 42) According to the analysis of the subjective elements of crime, the theory about crime termination, the following statement which is false? ( ) 

A.A homicide and Lee to discuss and entrusted to buy the poison, Lee was the bought poisonous drug. But 10Days after a abandoned the murderous intent, will The poison into the river. A suspension of crime, and Lee should not hold the discontinuance of crime.  

    B.Intention to murder - violence against others, see the victim bleeds and compassion, take him to the hospital, the victim after the treatment is still identified as serious. Stop B is not a crime.  

    C.C the enemy Wang slash 20Knife after leaving the scene. 2An hour later, C for destruction of criminal tools, returned to the scene, see Wang still did not die, but extremely poor, to the hospital treatment. C behavior of desistance of crime.  

    D.Ding to kill Li four and the poison, Li four poison after extreme pain, then Ding will Li Si sent to hospital escape. Identified, only to a lethal dose of poison 50%, even if not to the hospital, Li Si will never die. Ding the behavior of the victim to the hospital and the victim's death, there is no causal relationship, so the Ding not suspension of crime.  

    Answer. BCD.  

The Japanese criminal law theory

 

The key is to get, if already in hand, only two case of attempted only transformed into suspension.

 

Not the completed attempt, the completed attempt,

The former, as long as to stop the infringement, the results did not appear.

The latter, must act a positive stop the behavior.

But whether the attempted into suspension, to see whether the subjective and the choice of space, the Japanese criminal law called the arbitrariness.

 

The bullet case, only one bullet, and there are a lot of bullets.

 

54Stop the crime. On paper, which of the following statements is true?

　　AAt a company meeting (General Manager), agreed to tax evasion. A letting financial personnel Huang will1Pen500Million in revenue to hide in the reporting, but later Huang to declare truthfully to the tax authority and pay the tax payable. Units belonging to the attempted crime, Huang of desistance of crime

　　BB to snatch the zoumou cash20Million yuan, after the discovery of all the counterfeit money. B constitutes a crime accomplished offense

　　CFor the purpose of selling. C, baby stealing, fear of criminal responsibility, and the baby back to its place. C a kidnapping crime accomplishment, do not constitute a crime suspension

　　DThe enemy. Ding Hu fired several shots were not hit, Humou by heart sudden death. Ding Chengli intentional homicide crime

 

 

Nine, the common crime

Common crime in the revised constitution,,, why is it called correction.

 

Because, I did not participate in practice, but I am responsible, why?

That is the theory of joint crime.

Therefore, the common crime solving is the relationship between behavior and results, through the joint crime theory, makes some people because of their own to results based on, and responsible for the results.

 

This is a common crime theory.

 

Basically also called causes mechanical said.

 

One man was, all that was part of the implementation of responsibility,.

 

　　10. about the joint crime exposition, which of the following statements are true?

　　AA for robbing a seriously wounded the Tao, Tao a desperate resistance. Zhang pass by, help took Taomou belongings.2People constitute accomplice, is responsible for Tao's injury results

　　B. B knowing Huang illegal cultivation of narcotic plants, remains the charge of narcotic plant seeds by Huang requirements.2People constitute illegal cultivation of plant drug crime

　　CThat car theft. C Lee low-cost sales income, still to Li Mou to buy the car.2There is complicity between people

　　DDing Department of national authorities responsible for convening the meeting, the leadership of state owned assets, decided to distribute all the workers in the name of the unit. There is complicity between Ding and staff

[B]

 

 

Arbitrary accomplice and the necessary accomplice

Arbitrary accomplice, is dry

Necessary accomplice,

The crime:1The charges and the legal punishment, bigamy,2The charges and the legal punishment, bribery,3To punish a party, such as pornographic videodiscs sale, for the third, there are several theories, but did not think of the crime.

55Which of the following options. Both sides of the perpetrator of the crime?

　　AA see selling obscene DVD vendors to poor, hawker1000Yuan, bought200A pornographic DVD

　　B. B that Zhao has been married, and to receive a marriage certificate

　　CC to national staff10Million yuan, supporting the son will be hired for civil servants

　　DTo help organize the prostitution. Ding Wang recruited, transported prostitute

[BCD]

DOption, Zhang Mingkai "criminal law"1023Page

 

A have been renting a house, ready to organize the prostitution of others, from a to B from the field, carrying some personnel recruitment, but being called

Offering, delivering the staff has not yet begun to engage in prostitution(A haven't begun to implement the organization prostitution), i.e.

Seized. Since the crime not infringe the personal interests of the crime, but violations of social interests of the crime, and because of this crime

Is to help commit crime, therefore, the behavior of second still was set up to help the organization prostitution crime(Accomplished offense). A behavior is

However, only the organization prostitution crime preparatory behavior, but also assist the organization prostitution crime abettor.

 

 

Mr. Lee is very angry, and his wife Chen home. Chen said:"This is too greedy, I be to steal the money back."Lee late at night to the Yellow House opportunistic crime, but failed to find the opportunity, they will Huang automotive glass (value1Million).PThree bigP63Page.

　4. Chen constitute theft abettors, belonging to the attempted instigation. Lee constitute the crime of intentional destruction of property. Lee while receiving stolen instigation, but not according to Chen's instigation caused harmful consequences, for automotive glass smashed this result, belong to more than common intentional behavior outside, is in charge of by Lee himself.