The criminal law item 2

 First, fill in the blanks (each empty1Points, a total of20Points)
 1
The fugitive is      In performing his duties, leaves his post without permission, from overseas or on the outside of the country, endangering the state security of the people's Republic of China behavior.
 2
. constitutes a crime of smuggling ordinary goods, sin, in terms of the number of required amount of tax evasion in the_____Above. The smuggling of untreated, according to      Smuggling goods, the amount of tax evasion processing.
 3
That is___________________ ________ The illegal gains and the terrorism crime and the revenue generated, and the cover up, conceal the source and nature, so that the"Legalization"Behavior, constitute the crime of money laundering.
 4
Fabrications______To the report, state organs or units concerned, intent to make others___, serious behavior, constitute the crime of false accusation.
 5
The crime of misappropriation of funds. The subject of the crime is______.
 6
. the subject of the crime of drug trafficking crime is full      And       .
 7
____ Use____For others, financial, or illegally accepts others financial, __________Bribery.
 8
For the process of abducting and trafficking in women, children, illegal detention behavior to prevent escape or against human victim taken, shall be in accordance with the processing       Based on the principle of       Crime.
 9
The object of the crime of fraud is________And_______.
 10
. affray causing serious injury, death, shall be in accordance with the_______ And  _______The conviction and punishment.
 
 
Two, each item choice (at least one correct answer, please send the correct answer letters to fill in the title sequence number of brackets, election, the election did not score less wrong. For each question2Points, a total of20Points)
 1
Crime of sabotaging means of transportation. The object violated (including    ) etc..
 A
Train   B, car
 C
Tram   DThe ships
 
 2
. the provisions of the criminal law, the crime of endangering national security (    ).
 A
Can additional deprivation of political rights   BAdditional, shall be deprived of political rights
 C
Deprivation of political rights shall be independent   DAdditional, shall be deprived of political rights for life
 
 3
A participating in terrorist organization, the leader assigned, using explosive method B (kill, constitute a    ).
 A
The crime of intentional homicide   B, the crime explosion
 C
To participate in a terrorist organization crime   D, to participate in a terrorist organization and crime of intentional homicide
 
 4
The composition of the crime of transformed robbery is (    ).
 A
. the perpetrators have theft, fraud, plunder behaviour
 B
At the behavior's theft, fraud, plunder the acts constitute a crime
 C
Act on the spot. The use of violence or threats of violence
 D
. the act of using violence or threats of violence in order to conceal booty, resist arrest or destroy criminal evidence
 
 5
Escape from (only    ).
 A
The crime suspects   B, the defendant
 C
Reeducation through labor personnel   D, criminals
 
 6
The following behavior, may constitute the crime of infringing on business secrets are (    ).
 A
A technical personnel of a company, hold the company business secret a lot of, later resigned from the firm to another company, and the company's commercial secrets to another company
 B
From his company. A stealing trade secrets of the company
 C
A method of money through inducements. Obtaining commercial secrets of a company after use, to obtain illegal interests
 D
A from B to obtain a technical achievement, but it should be aware that the technology is B through improper means to obtain the other's business secrets and still use
 
 7
The object of the crime of misuse law in adjudication is (    ).
 A
The normal activity of the judicial organs of the state   BNormal activities, national law enforcement
 C
Normal activities, national procuratorial organs   DNormal activities, the judicial organs of the state
 
 8
Perjury in (    In the process of the proceedings).
 A
, civil, criminal or administrative   B, civil
 C
, administrative   D, criminal
 
 9
. Lee in the school playground exercise bike, because of poor technique, Chen will be injured. Chen after rescue invalid death. Lee's behavior (    ).
 A
The crime of negligence causing death   B, negligence mayhem
 C
, the crime of intentional homicide   D, the crime of causing traffic casualties
 
 10
In the infringement property crime, that crime is (    ).
 A
The crime of fraud   BBlackmail and impose exactions on sin
 C
, crime of sabotaging production and business operation   D, the crime of Embezzlement
 
Three, each question noun explanation (4Points, a total of20Points)
 1
The crime of contractual fraud
 
 
 2
The crime of torture to extract confessions
 
 
 3
The crime of robbery
 
 
 4
Tissue, leadership, to participate in the organization with underworld society nature
 
 
 5
The crime of embezzlement of public funds
 
 
 
Four, short answer questions (for each question9Points, a total of27Points)
 1
What is the crime of causing traffic casualties? What are the elements of the crime?
 
 
 
 2
What is the difference between. The crime of kidnapping and the crime of illegal detention?
 
 
 
 3
The crime of malfeasance. What are the characteristics?
 
 
 
 
Five, the case analysis (co13Points)
 
The case:
 
One day, a livestock product company workers Hu are sweeping the floor when the see financial room locker is unlocked, accounting has to kick around the water room, not others, so a blank check out of the cabinet and affixed with the seal of A. The next day, Hu write checks, to the name of the bank to withdraw the purchase money signed the company salesman Li Mou name on the cheque, cash withdrawals of Renminbi2Million yuan.
 
Ask:
 1
To Hu's behavior? Please explain the reason.
 2
If Hu had picked up in the street a fill in for the amount of2Million check, immediately to the bank cash withdrawals, while Hu's behavior how qualitative?
 3
If Hu stole the unit cover seal blank check, but I can't get. Find the friend Wang, said to the king: picked up a cheque, please the king to the bank to help out. The king went to the bank as a livestock product company buyer Lee name, withdraw cash2Million yuan. Ask for the behavior of Wang how qualitative?
 

 First, fill in the blanks (each empty1Points, a total of20Points)
 1
The personnel of state organs   2,5Million, the cumulative   3, drug-related crime, organized crime, the crime of smuggling   4The facts of the crime from criminal prosecution,     5Companies, enterprises, or other units of staff   6,14Natural person years of age, unit   7, national staff, taking the advantage of his position, to seek benefits for others   8, implicated crime, trafficking in women and children   9, public and private property, property interests   10, the crime of intentional injury, intentional homicide
 
 
Two, each item choice (at least one correct answer, please send the correct answer letters to fill in the title sequence number of brackets, election, the election did not score less wrong. For each question2Points, a total of20Points)
 1
,ABCD  2,B 3,D  4,ACD 5,ABD 6,ABCD 7,D  8,D  9,A  10,D
 
 
Three, each question noun explanation (4Points, a total of20Points)

 1
The crime of contractual fraud--Refers to the illegal possession for the purpose, in the process of signing and fulfilling the contract, with the method of fictitious facts or conceal the truth, for the other party property, large amount of behavior.
 2
The crime of torture to extract confessions--The crime of torture to extract confessions refers to the judicial personnel to the crime suspect, accused person use corporal punishment or corporal punishment in disguise, extort confession behavior.
 3
The crime of robbery--Refers to the illegal possession for the purpose of on the spot, the use of violence, coercion or other methods to robbing the behavior of public and private property.
 4
Tissue, leadership, to participate in the organization with underworld society nature--Refers to the organization, leadership or participated in by violence, threat or other means, organized criminal activities, dominate the party, do evil, oppression, harm people, serious damage to the economic, social life order of the underworld property organization behavior.
 5
The crime of embezzlement of public funds--Refers to the state personnel who take advantage of their office, embezzlement of public funds for personal use, illegal activities, or larger amount of misappropriation of public funds, for profit-making activities, or larger amount of misappropriation of public funds, more than3Months without further action.

 

 

 

 Four, short answer questions (for each question9Points, a total of27Points)
 1
At the traffic accident crime, is refers to the violation of the traffic regulations, so the occurrence of major accidents, causing serious injury, death or causes heavy losses of public or private property act.
 
The constitutive elements of crime have:
Violations of the object is a transportation safety.
 2
) performance objective as a violation of the traffic regulations, the occurrence of major accidents, causing serious injuries, death or causes heavy losses of public or private property act.
   3
The subject of this crime is general subject).
 4
The subjective aspect of negligence) for.

 2. the difference between the crime of kidnapping and the crime of illegal detention of:
 1
Violation of the object different)--The former violates not only the personal rights and often have other people's property rights or other rights violations; the latter is just the personal liberty of others.
 2
) behavior in different ways--The former can only as a way to implement, and often use violence, coercion means strength; the latter can be both as a way to also be not as a way to.
 3
The subjective objective different)--The former to extort money or obtain other unlawful interests; the latter to repayment of the debt or the victim has suffered the pain of detention for the purpose of.

 3Duty crime has the following features:
 1
) the object of crime is the normal activities of state organs;
Objective aspect of the crime of breach of privilege, to be forgetful of one's duties or favoritism, cause public property, the interests of the state and the people suffered a major loss behavior;
 3
The subject of the crime) for the vast majority of special subject, mainly by the personnel of state organs;
 4
) the subjective aspect of the crime is intentionally constitute, also has the fault.
 
 
Five, the case analysis (co13Points)
 
Answer keys:
 1
. Hu's act of theft. In this case, Hu for the purpose of illegal possession, steal the blank of the unit of transfer check, and affix the seal, to the bank to cash, in line with the characteristics of the crime of theft. (4Points)
 2
. Hu's behavior should constitute the crime of bills defraud. According to criminal law article194The provisions of the draft, impersonation, cheques, promissory notes, the larger amount, composition of bills defraud crime. (4Points)
 3
. Hu Mou and Wang should separate conviction. Because Wang Mou does not know Hu gave his cheque is stolen, deliberately and Hu using common theft, and even Wang know Humou stolen, if it is in the Hu steal later I know not a conspiracy with Hu, also does not constitute the crime of theft. Wang's actions constituted the crime of bills defraud. (5Points)

 First, fill in the blanks (each empty1Points, a total of20Points)
 1
According to effect interpretation, interpretation of criminal law can be divided into       ,      And doctrinal interpretation.
 2
The fundamental principle of criminal law in our country for the       ,      And      .
 3
By our country criminal law about the retroactivity      .
 4
The behavior is     The most essential feature of crime, is the most basic.
 5
Against the crime. According to the different social relations, the object of crime can be divided into     ,       And    .
 6
The mental patient in     Or     His behavior caused by harmful result, upon verification and confirmation through legal procedure, he shall not bear criminal responsibility.
 7
The crime of intentionally. There are two types, i.e.     And    .
 8
"Criminal law" article17Article2Paragraph, full     With the age of      One, the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, poisoning, he shall bear criminal responsibility.
 9
. combined punishment for several crimes, are to be sentenced to not more than the highest      Years.
 10
. parole object can only be sentenced to      And      Criminal.
 11
The establishment of the special voluntary surrender. The subject must be       Criminal suspects, defendants and criminals serving sentences.
 
 
Two, each item choice (at least one correct answer, please send the correct answer letters to fill in the title sequence number of brackets, election, the election did not score less wrong. For each question2Points, a total of20Points)
 1
Harm result is (   ).
 A
The essential elements of any crime
 B
Choose the elements
 C
A negligent crime essential elements
 D
At the causal relationship between crime and criminal result
 
 2
. in our criminal law is divided into (the subject of crime    Two types of).
 A
The general subject and special subject
 B
The subject of natural person and unit subject
 C
Adults and minors subject subject
 D
Single subject and non single subject
 
 3
. crime manifestations are (    ).
 A
The prisoners
 B
Behavior committed
 C
Dangerous prisoners
 D
Move to make
 
 4
Joint implementation. A crime of theft, stolen property, a left. B found a sleeping girl inside, however the meal, the teenage rape, rape case (for girls    ).
 A
A joint crime
 B
A constitute attempted, B constitute accomplished
 C
A a discontinued, B constitute accomplished
 D
B individual criminal responsibility
 
 5
Forms of implicated offense has (    ).
 A
Objective and method. Behavior in
 B
. the method and the result behavior involvement
 C
The purpose and the result behavior. Implicated
 D
Action and non action. Implicated
 
 6
The death penalty is only applicable to (    Criminal.
 A
Refuse to mend one's ways after repeated education
 B
The most serious crimes
 C
The recidivism
 D
Robber
 
 7
. deprivation of political rights is the content (    ).
 A
The right to vote and to be elected
 B
The right of inheritance
 C
Speech, publication, assembly., association, parade, demonstration of freedom
 D
The right to hold a position in state organs
 
 8
The applicable conditions (including probation    ).
 A
Applicable object is sentenced to criminal detention or3The criminals in prison
 B
Have surrendered plot
 C
Not a recidivist
 D
. according to the circumstances of the crime and the performance of repentance that probation does not cause further harm to society
 
 9
The combined punishment for several crimes. Including the applicable provisions of the criminal law (the situation   ).
 A
The judgment is pronounced later found leaking. The crime punishment
 B
After the release of another crime. The punishment after
 C
. before the judgment is pronounced a committed several crimes of punishment
 D
The judgment is pronounced later. And new crime punish
 
 10
. preparation for a crime, criminal attempt and discontinuation in (    In the process of).
 A
The direct intentional crime
 B
Intentional crime
 C
Unpremeditated crime
 D
Intentional crime and criminal negligence
 

 Three, each question noun explanation (4Points, a total of20Points)
 1
The criminal law
 2
The crime of negligence
 3
Just Cause
 4
Principal
 5
The recidivism
 
 
Four, short answer questions (for each question9Points, a total of27Points)
 1
The stated. Not as a source of crime in the specific obligations as.
 2
. the distinction between the crime object and crime object.
 3
At the criminal application of commutation, must be consistent with what conditions?
 
Five, the case analysis (co13Points)
 
The case:
 
A (female) was introduced and the B (male) who married. After marriage, two people often quarrel with family, poverty, a to B gradually weary heart. One day, two people and because the family against each other, and then quarrel, B beat a two. Armour and thus killing B heart. The day before lunch, a rodenticide in B ready to eat in the Rice porridge. B after dinner is nausea, vomiting, then fell to the ground, moaning in pain. A rushed in panic, it should not poisoned, killed her husband, so busy to neighbors for help. With the help of my neighbor, a B to the hospital. After the rescue, B out of danger.
 
Please according to the intentional crime stop shape analysis: a behavior belongs to what nature behavior? Why?

 First, fill in the blanks (each empty1Points, a total of20Points)
 1
The legislative interpretation,  The judicial interpretation
 2
The principle of a legally prescribed punishment,  The principle of equality in criminal law application,  The principle of suiting punishment to crime
 3
From the doctrine
 4
Serious harm to society
 5
Common object,  The similar object,  Direct object
 6
Can not identify,  Can't control
 7
The direct intention,  Indirect intent
 8
14, 16
 9
20
 10
Fixed-term imprisonment.  Life imprisonment

 11
Be to take coercive measures
 
 
Two, each item choice (at least one correct answer, please send the correct answer letters to fill in the title sequence number of brackets, election, the election did not score less wrong. For each question2Points, a total of20Points)
 1
BC  2,B  3,ABCD  4,D  5,AC  6,B  7,ACD  8,ACD  9,ACD  10,A
 
 
Three, each question noun explanation (4Points, a total of20Points)

 1
The criminal law--Is a crime, criminal responsibility and penalty law.
 2
The crime of negligence--Refers to the act should have foreseen that his behavior may cause socially dangerous consequences, because negligence and do not foresee, or have already foreseen but believe can avoid mental attitude.
 3
Just Cause--Refers to the state, the public interest, the person himself or herself or others, property and other rights from being infringed, not obviously exceeds the limits of necessity and damage behavior of illegal violate the.
 4
Principal--Refers to the organization, leads a criminal group in carrying out criminal activities or the criminals played a principal role in a joint crime.
 5
The recidivism--Is the result of crime and have a certain level of penalty, the penalty is finished or pardon, from within the statutory time limit and make certain crimes.
 
 
Four, short answer questions (for each question9Points, a total of27Points)
 1
Source specific obligations. Generally there are three:
 1
) specific obligation law;
 2
Office or business) to perform their obligations;
 3
) by the behavior leading behavior and make some interests protected by law in a dangerous state generated obligations.
 
 2
. the distinction between crime object and crime object:
 1
The object of the crime decision) nature of the crime, the object of crime is not.
 2
The object of the crime is any) essential elements of crime, object of crime is not any crime is indispensable, it is only a necessary condition of some crimes.
 3
) any crime will make the object of the crime is hurt, but the crime object is not necessarily compromised.
 4
The object of the crime is a crime) based classification, the object of the crime is not.
 
 3
At the criminal application of commutation, must meet the following conditions:
 1
The applicable object) commutation is sentenced to public surveillance, criminal detention, fixed-term imprisonment of criminals;
 2
) criminals in penalty execution period conscientiously observes prison regulations, accepts education and reform, shows true repentance or rendered meritorious service;
 3
) commuted to a certain extent.
 
 
Five, the case analysis (co13Points)
 
Answer keys: 1A behavior belonging to automatically and effectively prevent the result of crime discontinuance of crime. (3Points)
 
(correct score, error of judgment is all that does not score)
 2
Discontinuation of a crime refers to the crime. In the process, people gave up the crime or automatic effective results in preventing crime, a crime and unfinished crime stop shape. A behavior that belongs to the latter. Constitute the discontinuance of crime must have the control characteristic, initiative, thoroughness and validity. (5Points)
 3
The case, for the husband to complete a deliberate murder of throwing dangerous substance, but before the crime accomplished standard of crime occurs, automatic measures to effectively prevent the death of the victims to happen, the act is fully consistent with the provisions of the criminal law on the crime termination. Therefore, a behavior of desistance of crime. (5Points)