2011Criminal law analysis (multiple-choice)

　　1On socialist concept of rule of law and the legal representation, which of the following is not accurate?

　　A.The rule of law is the core content of the socialist rule of law, the statutory law is embodied in the field of criminal law

　　B.Power control is a key aspect of the rule of law, the legal fully embodies the power restriction

　　C.People's democracy is the political foundation of the rule of law, as well as the ideological basis of legality

　　D.Law enforcement for the people is the essential requirement of socialist rule by law, the netizen objections to "criminal law" provisions are made according to the decision, should be based on the public decision

[answer]D

[2] what the socialist concept of rule of law in the school of criminal law.Can be said to be simple questions, the use of elimination, apparentlyDItem. The options for2011Some hot events settings, such as Yao's case, Li Changkui case, drunk driving case, the characteristics of cases are judgment or interpretation and judicial organs to understand the people from the law, under the public opinion, individual cases of second instance and retrial, finally entered, with public opinion similar judgments in the dust settles. Who is right and who is wrong, Different people, different views., their hearts have a steelyard. But theDA statement from the socialist law, rule of law and the principle of legality theory without objection.

2An orphanage for the unit welfare, two will be38Intermediary organization orphans to foreign countries engaged in the adoption of orphans, received a total of30Million dollar"Intermediary fee","Service fee". About the case, which one of the following options to meet the requirements of the rule of law?

　　A.Because of "criminal law" is not the Act provides for the crime, not because of the great social impact, in the criminal case investigation

　　B.This case can be investigated for criminal responsibility orphanage and supervisor, the person directly responsible, in order to promote the reunification of the political effect and social effect

　　C.Submitted to the NPC Standing Committee for approval, the case can be used as a unit of child trafficking crime, in order to further play the role of the law to maintain social stability

　　D.Can be held criminally responsible personnel in charge and other directly liable persons, in order to promote the unification of legal effect, political effect and social effect

[answer]D

[] a. the name of the socialist concept of rule of law, that is the crime of trafficking in children.

Answer: the key is to judge (1) orphanage behavior can be recognized as child abductions (2The main unit) can constitute the crime of trafficking in children. Basis2010Years3Month15The daily maximum method, zuigaojian, Ministry of justice, the Ministry of public security "on punishing the crime of abducting and trafficking in women and children." No.19The provisions of article, medical institutions, social welfare institutions and other units of staff for the purpose of illegal profit, the treatment, care, custody of children sold to others, the crime of trafficking of children. At the same time, according to China's "criminal law" article240The provisions of article, subject of crime of trafficking in children is only limited to the natural person, the unit does not constitute a crime, so it does not constitute the crime of abducting and trafficking in children in the orphanage, can only be investigated for criminal responsibility of natural person shall be investigated for criminal responsibility, namely personnel in charge and other directly liable persons. Accordingly,ABThe following error,DClaim right.

CThe following error, according to China's "constitution" article67And "legislative law" article42The provisions of article, the NPC Standing Committee with legislative power and legislative power of interpretation, the subject of crime of trafficking in children can be extended to units through legislation, but must comply with the statutory authority and procedures. The National People's Congress Standing Committee to explain the judicial, beyond the scope of his authority, legislative interpretation only to the law itself can not be made, for justice (a case) to make. At the same time, even if the NPC Standing Committee make legislative interpretation, will expand the subject of crime of trafficking in children to the unit, belonging to analogical interpretation, but also violates the crime punishment legal principle.

To sum up,DAn election.

[of] about the objection, objection to the amount of the candidates445Article(the data value as objection2011Years11Month28Day, do not distinguish between periods, each of the following questions, no longer be specified), focusAYou are mistaken, this is correct, because: (1) affected by the test for the socialist concept of rule of law (content2) related to the interpretation of crime of trafficking in children (not familiar with3Stiff) understand the principle of legality, ignoring the criminal law provisions of the abstractness, generality and interpretation of criminal law effect.

3About causation, which one of the following options is wrong?

　　A.A victim of clothes lit, jumped into the river and drowned fire victims. A behavior and the victim to death with a causal relationship

　　B.B set fire to the victim to save the baby into the house, the victim was burned the house. B behavior and the victim's death has a causal relationship

　　C.C in the high speed road push the victim to get off, the victim was killed by vehicles behind. C behavior and the victim's death has a causal relationship

　　D.Ding Huihuai's face, victims feel unable to see and Dutch act. Ding behavior and the victim's death has a causal relationship

[answer]D

[that] what the causality of criminal law. The key of problem solving is familiar with the judicial examination of this position and identification method.ABCDAre there "intervention" (ABDTo the victim's own behavior;CItem third), this behavior, the judicial examination position as the "causal relationship", identification method for the comprehensive three criteria, the majority concluded: (1The size of the previous action) to harm result, big person have, small person (no2Abnormal interventional factors), the causal relationship between different interrupt previous behavior and harm result, the factors involved in the causation and harm result, often and (3The factors involved in the role of the size) of the dangerous result, big is small, No.ABCThe argument is correct, the previous behavior to the result of death effects, intervening factors not abnormal, effect is small, the causal relationship is not interrupted, previous behavior has causal relationship with death;D"Error, Ding destroyed victim victim's face, shy and Dutch act, intervening factors is very abnormal, effects, interrupt causality between the previous action and death, the Ding not to the crime of intentional injury (to death) shall be investigated for criminal responsibility. To sum up,DAn election.

[C] to expand the identification of causality, in the judicial examination will continue to become the focus of the inspection object, the problem-solving skills and steps are as follows:

The first step, the harmful results, determine whether a particular behavior led to the if, direct that the only conclusion: (1) activities of daily living, superstitious offense (belonging to the "conditions" content), occasionally resulted in the damage are identified, no causal relationship. (2Crime in preparation stage) for causing the result (which belongs to the "conditions"), generally identified no causality, but preliminary act itself has the legal dangerous urgent to "start", there is causality. (3The special physical) (belonging to the factors involved in the problem, "said content is"), causing the result, are identified a causal relationship. If not, then enter the second step.

The second step, to determine whether there is "intervention" ( Usually includes: natural events, third people behavior, behavior), if the victims themselves, the "causal relationship" that there is no causal relationship between specific methods, see [] part 2. If not, then enter the third step.

The third step, the "conditions" formula to determine there is no causality,: noAThere is noB,AThat isBBecause of. Key control, special circumstances (conditions include1Assuming causal conditions before), to lead to result, cause the condition after the intervention results, then before the conditions and results of non causal relationship, after the conditions have a causal relationship with the results. Such as: a was escorted to the execution ground executed, in executive organ shot before, a enemy B first the shot, shot with a B death causation. (2) dual causality, without meaning contact, two conditions may be lead to result, but also play a role in leading results, that have causal relationship. Such as: B without contact, were poisoned C, their poison is enough to kill C death, C drank two people poisoned water and death, then a and B and C are death causation. (3) overlapping causation, without meaning contact, two conditions are not alone lead to result, but with the result that have caused, causal relationship. Such as: B without contact, were poisoned C, their poison were not enough to cause C death, but both poisoning can lead to death in conjunction with C, C drank two people poisoned water and death, then a and B and C are death causation.

In addition, from the problem-solving skills, for a case if itThe accomplishment of a crime, negligent crime, the aggravated consequential offence, not as a crime conclusions, we derive necessary reversible causal relationships.

4A depression to Dutch act, but no Dutch act of courage. One night, a preparation knife stabbed B chest, died on the spot to B. Subsequently, a surrender oneself to justice, judicial departments for the immediate execution of death penalty. Identification for a responsibility, which of the following statements are true?

　　A.Depression is a serious mental illness, no responsibility, do not assume the responsibility of intentional homicide

　　B.Depression is not a serious mental illness, but a thought that no responsibility, do not assume the responsibility of intentional homicide

　　C.A is suffering from depression, but has the responsibility, should bear the responsibility of intentional homicide

　　D.A has the responsibility, but the depression, be given a mitigated punishment or the lighter

[answer]C

Criminal responsibility [] A. The study of mental patients. Problem solving is the key to whether the depression completely lost or partially lost the ability to identify and control, completely lost the case, upon verification and confirmation through legal procedure, do not bear criminal; a partial loss of circumstances, it shall bear criminal responsibility, may be given a lighter or mitigated punishment (Xing Fadi18A).ABThe following error, the lack of legal procedures are identified;CThe argument is correct, depressed people belong to the mental patient, has not completely lost the ability to identify and control, commits a crime shall bear criminal responsibility;DThe following error, depression is one of the legal circumstances "can be" a lighter or mitigated punishment. To sum up,CAn election.

5About the content of intention, which one of the following options is wrong?

　　A.The establishment of intentional crime, law does not require people to realize his behavior

　　B.The establishment of the crime of selling pornographic articles for profit, people recognize that obscene articles

　　C.The establishment of statutory requirements of young crime, people recognize that prostitution is a young girl

　　D.Set up overseas illegally providing state secrets, act to recognize each other's overseas institutions, organizations or individuals, without recognizing and illegally providing state secret, do not set up any crime

[answer]D

[2] what crime is crime, the intentional understanding factor.

AThe argument is correct, the intentional crime, whether the understanding of the nature of the "illegal", there are differences in theory, on the basis of2011Ministry of justice three volumes this view, recognize the dangers of that should be aware of the illegality, so in principle is not necessary.

BCThe argument is correct, when the crime object as elements of a crime, the establishment of the crime of criminal object to have knowledge, obscene articles, Dissatisfaction14Years of young girls are constitutive elements of crime of selling pornographic articles for profit, given a statutory crime, therefore asked to recognize specific objects.

DThe following error, without recognizing and illegally providing state secret, might be deliberately leaking state secrets.

To sum up,DAn election.

6A negligent crime exposition, which one of the following options is wrong?

　　A.Only the actual harm results, was guilty of negligence

　　B.Aware of the possible harmful consequences, but results occurred against the will of the people, the unpremeditated crime

　　C.A negligent crime law, criminal responsibility shall be borne. Here"Law"Not limited to criminal law

　　D.The criminal responsibility of negligence crime criminal responsibility in the light of the general and the intentional crime

[answer]C

[2] what the theory of constitution of crime elements of criminal negligence.

AThe argument is correct, in theory, negligence crime is consequential offense, accomplished offense.

BThe argument is correct, indirect intention and negligence of over confidence, in understanding the factors are aware of the possible harmful consequences, the will factor, indirect intention to take a laissez faire attitude, overconfident negligence are opposed.

CThe following error, criminal laws including criminal code, separate criminal law and accessory criminal law, only the criminal law to crime and penalty provisions.

DThe argument is correct, negligence with respect to intentional crime, subjective malignant small, starting from the principle of suiting punishment to crime, the criminal responsibility of negligence crime is lighter than the corresponding intentional crime criminal responsibility.

To sum up,CAn election.

7Ethyl to rape intentionally is violence against women, a for attack indignation to B, objectively stopping rape behavior B.

Point of view:

　　1The justifiable defense need not defense cognition

　　②The justifiable defense need only defense, which only requires the defender to recognize the ongoing illegal violations

　　③The justifiable defense defense will need only, namely the defender only with the intention to protect the legitimate rights and interests of the

　　④The justifiable defense in both the need for defense, also needs to have the defense will

Conclusion:

　　A.A set of self-defense

　　B.Armour was not justifiable defense

The above facts, views and conclusions which is corresponding to the correct option?

　　A.Point of view1Point of view②AndAConclusion the corresponding view③Point of view④AndBConclusion correspondence

　　B.Point of view1Point of view③AndAConclusion the corresponding view②Point of view④AndBConclusion correspondence

　　C.Point of view②Point of view③AndAConclusion the corresponding view1Point of view④AndBConclusion correspondence

　　D.Point of view1Point of view④AndAConclusion the corresponding view②Point of view③AndBConclusion correspondence

[answer]A

[theory] what the ground for elimination of criminality of justifiable defense. The key of problem solving is a question of intent clearly (ask why), not by the justifiable defense has conclusive opinions (must have defense and defense will influence). Stem replacement case, a recognized unlawful infringement is happening (Defense cognition), in righteous indignation attack B (not for protection of the legitimate rights and interests of others, without defense will), objectively to stop unlawful infringement (the justifiable defense effect), if justifiable defence defense requirements (no idea) or only defense requirements (point two), a behavior can be identified as justifiable defense (conclusionA); once the justifiable defense defense will request (point three and point four), is a behavior cannot be identified as justifiable defense (conclusionB). Accordingly,AAn election.

[of] about the objection, objection to the amount of the candidates577A, focusBOr no solution. If you know the title of the intention, the test is very simple, simple questions; if you do not know the intention of title, in the existing "self-defense must have the intention of defense and defense and defense will be inevitable" view problem, no solution. This method is similar to the questions asked2004In paper two chapter20Question, many candidates will"2"Understanding" article2", and therefore no solution, the actual questions people want to express"2Or Co2"Mean.

8The victim's commitment to the establishment of the behavior of crime, at least in accordance with the following4A condition:

　　1The victim of the infringed_____Have the disposition right

　　②The victim of a commitment_____The significance, scope has the ability to understand

　　③For the victim's commitment_____Will

　　④The victim must have_____Promise

Which one of the following options and stem the space to match the content?

　　A.Legal interest--Matter--Reality--True

　　B.Matter--Legal interest--Reality--True

　　C.Matter--Legal interest--True--Reality

　　D.Legal interest--Matter--True--Reality

[answer]D

[] what answers exclude commitment theory knowledge of criminal victim. The victim's commitment as the cause of excluding the crime, must meet the following six conditions:(1A right) commitment to be against the law (2) commitment has the ability to understand the nature, significance, scope of the commitments (3Commitment must be true) will, I promise, force, coercion commitments based on are invalid, does not affect the validity of the motive mistake promise promise, but legal interest relations mistake for commitment (invalid4There must be a real commitment), can infer commitments (also5) commitment must occur in the results or behavior before or when, after the commitment (invalid6) by promises of behavior may not go beyond the scope of commitment. Accordingly,DAn election.

9.2009Years1In August, a (1993Years4Yue Sheng) for the robbery was sentenced to1Years.2011Years3Month20A day, by especially cruel means intentional homicide and run,6Month captured. About the case, which of the following statements are true?

　　A.According to the doctrine, this case does not apply to "criminal law amendment (eight)"

　　B.For a murderer acts, shall be given a lighter or mitigated punishment

　　C.A trial is full18Years of age, can apply to death penalty

　　D.A recidivist, shall be given a heavier punishment

[answer]B

[2] what the general recidivism and forbidden to apply death penalty object. The key to solving the problems is familiar with the "criminal law amendment (eight)" for the new provisions of recidivism.

AThe argument is wrong, although after a crime occurred in the2011Years4Month30Recently this from the old, but because before committing crime complaints18Years old from new, application"Criminal law amendment (eight)" (the highest law on the punishment to fix eight time effectiveness of the interpretation of article3Article1Paragraph).

BThe argument is correct, a crime of intentional homicide, is still under18Years of age, should be given a lighter or mitigated punishment (Xing Fadi17Article3Paragraph).

CThe following error, a "crime" discontent18Years of age, do not apply the death penalty (Xing Fadi49A).

DThe argument for a mistake, whether the recidivist, application"Criminal law amendment (eight)" the new provisions, dissatisfaction18A person under the age of crime does not constitute recidivists (Amendment eight6A).

To sum up,BAn election.

[C] recidivism expansion:

(a)General recidivism conditions: (1The subjective conditions: two) before and after the crime is intentional crime. (2) punishment conditions: before and after the two crimes are or should be sentenced to the punishment of crime. (3) time: crime occurred after execution before the crime, punishment is finished or pardon5Years. (4Age: under conditions)18A person under the age of crime, not to set up general recidivism (Criminal Law Amendment eight added).

Two.Special recidivism conditions: (1Before and after the crime) requirements are: to the crime of endangering national security, terrorist crimes, the crime of the underworld organization (one of the criminal law amendment eight revision). (2) the penalty type, the punishment: without demands, can be control, criminal detention, fixed-term, life imprisonment, or even a single additional punishment. (3) time: the crime before the punishment has been completely executed or pardon, any time after the recidivism crime recidivism. (4Subject:) is not required to be full18A person under the age of. Note: the general recidivism crime before and after the implementation of requirements must be full of18Years of age.

(three) the legal consequences of recidivism (1Shall be given a heavier punishment; ()2Not applicable (probation)3Not applicable (parole)4) can be commuted, voluntary surrender and meritorious service.

10On the application of probation, which one of the following options is wrong?

　　A.A criminal whose sentence is suspended, the crime again in the test period, it should be combined punishment, and shall not be re declared probation

　　B.For a criminal whose sentence is suspended, can also banned in its specific activity, into specific regions, specific place, contact person

　　C.The ringleader of the underworld organization, no probation

　　D.A criminal whose sentence is suspended, the public security organs in the test period, the unit or the basic level organization to coordinate

[answer]D

[2] what in our present criminal law, the probation system. The key of problem solving is to be familiar with the "criminal law amendment (eight)" the new regulations on probation.

AThe argument is correct, this representation cases illustrate the "subjective vicious big", risk of recidivism, do not meet the conditions of probation.

BThe argument is correct, probation, the people's court may according to the criminal cases, announced at the same time the injunction,No specific activities in specific areas, in particular people, places, contact(amendment No.11A).

CThe argument is correct, the ringleaders of criminal groups not applicable probation (amendment No.12A), the underworld crime belongs to the group.

D"Error, the content1997Year "criminal law" article76Article content, "criminal law amendment (eight)" article13The revised "law of community correction, modification of the clauses of" subject to probation execution power (expressed as the provision of community correction organization, criminal law may eventually be recognized as the judicial administrative organs for legal space), the judicial practice still by the public security organs to be inspected, and "Criminal Procedure Law" article217A (the probation by the public security organs to be inspected) has not been revised case, judgeDThe argument is wrong answer some difficult.

[of] about the objection, objection to the amount of the candidates873A, focusADOpposition candidates agreeAThe following error,DClaim right. The author support candidates objection, it is worthy of discussion:AClaim of right and wrong, the examinee is easily affected by the2006Year 2 of article8QuestionsCThe influence of expression (C. For the combined punishment for several crimes but punishment for3The criminals in prison, can be placed on probation;The published reference answer this statement correct);DConflicts with judicial practice statement, procedural law conflict, the examinee judge susceptible to interference.

[C] extended probation conditions:

(a)"Application conditions can be" Probation (1Object: the original sentence) conditions3The criminals in prison or detention. Be careful.3Years including the following3Years, and as a "punishment" (after a court sentenced to punishment, but the actual) of illegal punishment;3The following year, including the combined punishment for several crimes after the implementation of punishment3The criminals committing; what is the nature of crime, in question, as long as was sentenced to three years in prison, you can apply the probation; probation is not applicable to sentenced to public surveillance or a single additional punishment of criminals. (2Prohibitive conditions): criminals shall not is a recidivist, nor is the ringleaders of criminal groups. Note: the general recidivism and special recidivism including recidivism, but does not include special recidivism; ringleaders only includes "ringleaders of criminal groups", not including the ringleader in the common crime (Amendment eight additions). (3) substantive conditions: repentance, no significant adverse effects on the community, no probability.

(two) applicable "shall" Probation conditions (Amendment eight additional content)1) have "suspended" condition, namely the three aspects mentioned above. (2Dissatisfaction18Old people, pregnant women and full75A person under the age of.

11On the crime of smuggling, which of the following statements are true?

　　A.A mistake the pornographic discs as ordinary CD smuggled. Although it does not constitute a crime of smuggling pornographic articles, but as in ordinary optical computing, the amount of tax evasion is larger, should be identified as a crime of smuggling ordinary goods, goods

　　B.B large number of warheads, smuggling. The bullet, shell is not equal to the ammunition, so B does not hold the smuggling of ammunition

　　C.After the entry of C gun smuggling illegal sale. It belongs to the crime, shall be punished by a felony misdemeanor absorption principle

　　D.Ding smuggling weapons use violence to resist the anti smuggling. This situation is implicated offense, from a felony punishable

[answer]A

[2] the relevant provisions of the investigation of the crimes of smuggling. The key of problem solving is familiar with the crime of smuggling (co10A charge of) the relevant judicial interpretations.

AThe argument is correct, constitutive elements of pornographic articles as obscene goods crime behavior, requirements must know, not aware of pornographic articles, can not constitute a crime, but evades duty when a larger amount of smuggling ordinary goods, articles, the establishment of crime (Xing Fadi152Tiao Hedi153A).

BThe following error, the smuggling of warhead, shell, can constitute a crime of smuggling crime of smuggling ammunition; scrapped or unable to assemble and use the warheads, shell, can constitute a crime of smuggling ordinary goods, crime; identified the relevant technical appraisal departments of the state for waste, can constitute the crime of smuggling of waste (2006Years11Month14The highest law concerning smuggling case explained two of the2A). In addition, the smuggling of knives, firearms simulation, does not constitute the smuggling of weapons, ammunition, can constitute a crime of smuggling common goods, goods (2009Years9Month26The highest law concerning smuggling case interpretation of article1Article6Paragraph).

CThe following error, smuggling guns and illegal sale, be set up illegal trade in firearms, ammunition, the combined punishment for several crimes.

DThe following error, smuggling armed, he shall be given a heavier punishment; violence or coercion to resist the anti smuggling, in the crime of smuggling and the crime of obstruction of official business (the smuggling of serious injuries, death, into the crime of intentional homicide crime of intentional injury, the combined punishment for several crimes (Xing Fadi)157A). To sum up,AAn election.

12The cognizance of the crime of money laundering, which one of the following options is wrong?

　　A."Criminal law" article 191st is not stipulated the crime of property violation is upstream of money laundering crime, however, the underworld organizations in the implementation of crime of property violation, is still the upstream of money laundering crime

　　B.The upper reaches of the drug crime from the crime of corruption is mistaken for income and the implementation of money laundering, does not influence the crime of money laundering

　　C.The upstream crimes in fact can confirm that, due to the upstream crime deaths shall not be investigated for criminal responsibility, should not affect the determination of the crime of money laundering

　　D.Unit loan fraud should be based on the contract fraud crime, the crime of contract fraud is not the upstream of money laundering crime. As the implementation unit loan fraud money laundering behavior, not to set up the crime of money laundering

[answer]D

[2] what the crime of money laundering, the key of problem solving is familiar with the relevant judicial interpretation.

AThe argument is correct, the crime of the underworld nature crime upstream crime, terrorist activities include various underworld society crime organization, terrorist organization (2009Years11Month4The money laundering case on the interpretation of article4Article4Paragraph).

BThe argument is correct, the upstream crimes include drug crime, organized crime, terrorism crime, smuggling crime, the crime of corruption and bribery, the destruction of financial management order and the crime of financial fraud (Xing Fadi seven191A), drug crime income mistakenly believe that the crime of embezzlement crime income belonging to the same object in the understanding error, does not affect the conviction.

CThe argument is correct, the crime of money laundering to identify the upstream crime was established for the determination of the premise, but the upstream crimes according to law if true, because the behavior of human death shall not be subject to criminal liability, should not affect the determination of the crime of money laundering (money laundering case interpretation of article4Article2Paragraph).

DThe following error, the upstream criminal facts can be confirmed, but the other convicted and punished, should not affect the determination of the crime of money laundering (money laundering case interpretation of article4Article3Paragraph).

To sum up,DAn election.

[expansion] testThis article summarizes the key points of the crime of money laundering:

(a): the scope of the crime of money laundering in our country's criminal law, the crime of money laundering crime of money laundering (including the191A), conceal, conceal the proceeds of crime, the proceeds of crime (article312A), harboring, transfer, conceal drugs, drug crime of bribery (article349Article three). Among them, the312For the crime of money laundering in general terms the provisions of article, article191Article, article349For the crime of money laundering special terms.

(two) determination of the crime of money laundering (1The prisoners) does not constitute the crime of money laundering, to the implementation of the offenses. Such as: corruption committed themselves to money laundering, does not constitute the crime of money laundering; theft own harbour or sell stolen from object, not conceal, conceal the proceeds of crime, the proceeds of crime; trafficking in drugs, toxic drugs themselves transfer dirty, do not constitute a transfer of drugs, drug crime of bribery. (2Ex ante collusion), does not constitute the crime of money laundering, as accomplices. Such as: ex ante and corruption, to seek, to be a corrupt person then, help the transfer of money from abroad, does not constitute the crime of money laundering, and as an accomplice in crime of corruption in the department.

(three) the concurrence of the crime of money laundering: that is the proceeds of crime and its benefit to conceal, conceal, conceal, conceal constitute the proceeds of crime, the proceeds of crime, and constitute the crime of money laundering or harboring, transfer, conceal drugs, drug crime of bribery of heavier punishment, in accordance with the provisions of conviction and punishment. This is the imaginative joinder of offences, choose a place, not punishment.

(four) the upstream of money laundering crime Limited7Crime: (1Drug crime; ()2) the crime of the underworld organization (3Terrorism crime; ()4The crime of smuggling (;)5The crime of bribery and corruption (;)6) the destruction of financial management order crime (7The crime of financial fraud).

(five) money laundering crime: the establishment of the crime of money laundering should be based on the upstream crime establishment for the premise, but the following3Cases had no effect on the crime of money laundering trial and finds that: (1) upstream crime not legally the referee, but the verified (2The upstream crimes) can be confirmed, for reasons of death in accordance with the behavior of non criminal (3The upstream crimes) can be confirmed in accordance with the law, shall be convicted and punished in the other.

13About self harm, which one of the following options is wrong?

　　A.Soldiers in wartime injures himself, to military duty, the establishment of crime of self injury in wartime

　　B.Have responsibility to help adults, not to set up the crime of intentional injury

　　C.The beneficiary to60The age of the insured, to defraud insurance money, the establishment of the crime of intentional injury and crime of insurance fraud

　　D.The parents did not rescue self injury12The death of old son and, depending on the circumstances of the establishment of the crime of intentional homicide or the crime of abandonment

[answer]C

[2] what provisions about self injury in criminal law.

AThe argument is correct, harm to others (not including the fetus, fetal injury does not constitute the crime of intentional injury to the fetus, but the pregnant women can set up the crime of intentional injury), can constitute the crime of intentional injury; injury, the principle of innocent, but when the self harm violations of the state interests or social rights and violated the criminal law norms, may the crime, such as China's "criminal law" article434The provisions of wartime military to military duty, and self injury body, set up crime of self injury in wartime.

B CAccording to the property from accomplice, accomplice theory, punishment (abettor, accessory) need to punish crime (crime) as the premise, if not to punish crime criminal law, should better not punish accomplice. Because the infringement of abetting, helping behavior against the interests of law is indirect, carry out acts against the interests of the law is the direct. The two expressed in the adult self injury does not constitute a crime, therefore, to help adults self injury, do not constitute a crime,BClaim right,CThe following error (beneficiary is not the establishment of the crime of intentional injury).

DThe argument is correct, parents are not adults legal guardian, responsible for the protection of minors legal obligation of life, health, if that is the guardian of self and not stopping, might be not as a crime of intentional homicide or the crime of abandonment.

To sum up,CAn election.

[of] about the objection, objection to the amount of the candidates984A, focusBCItem. Question designing ideas many candidates failed to explore the proposition, the option of "subordination principle" mistake "commitment to" based on the perspective of problem solving, biased, so convoluted, mistakes.

[C] "expand the commitment based self injury" is the victim's commitment to conduct the implementation of damage, the victim does not hurt yourself, but the person damage. Should at least distinguish between three cases: (judgment1) for the protection of another great interest and commitment, the damage situation, validity should admit the commitments, eliminate to establish the crime of intentional injury, "criminal law amendment (eight)" article37Provide a legal basis. For example, in order to save the son of a kidney failure b life, asked the doctor Bing will own a kidney removed the transplanted to the son, C set up the crime of intentional injury may be excluded. (2Simple injury victim) endanger life without protection a major legal cases, even with the promise of the victim, also belong to invalid commitment, do not rule out the establishment of the crime of intentional injury. For example, a pickpocket by nature, often teach not, oneself also hate their own the doings, to friend B commitment if you pick yourself again, pick the hand off again, a pickpocket, find B to chop off his pick the right, B cannot shirk this for, can not be ruled out B constitute intentional injury sin. (3Pure light damage) not to endanger the victim's life, in the promise of the victim of circumstances, set up may be excluded from the help of crime of intentional injury.

Accomplice independence principle and the principle of subordination, the instigator. That the instigator of abetting acts constitute a crime, the doctrinal can draw what conclusions, the accomplice principle is different, sometimes opposite conclusions will. Example: a B C to rob property, B to give up the idea of robbery, not the implementation of the robbery. Independent principle, a set of robbery (attempted), B not to set up crime; subordination principle, a and B are not crime.

14About the crime of intentional injury and organization sell human organs sin, which of the following statements are true?

　　A.Illegal sale of body organs, organization sell human organs sin

　　B.The doctor knew is minor, although their agreement and off its organs, set up the crime of intentional injury

　　C.Organizing others betray body organs are not in place, no organization sell human organs sin

　　D.Organizers sold a kidney from15Million yuan, deceive providers say only sold5Million yuan, shall be determined as the crime of intentional injury

[answer]B

[2] what organization sell human organs crime cognizance, the key of problem solving is familiar with the "criminal law amendment (eight)" the new regulations.

AThe following error, illegal organ trading against the body, if I liked or the life though not as said before, but in violation of state regulations and their close relatives will be established, theft, the crime of insulting corpse (Amendment eight37Article3Paragraph).

BThe argument is correct, the victim can promise behavior off its body organs, eliminate to establish the crime of intentional injury, but the victim made this commitment qualification must be at least18Years of age have the responsibility to the ability of people (Amendment eight37Article2Paragraph).

CThe following error, elements for profit is not an organization sell human organs of the crime, as long as the group sold can constitute the crime (Amendment eight37Article1Paragraph).

DThe following error, without consent from the body organs, the crime of intentional injury; obtain consent, then organization sell human organs sin. The distinction between acts established the crime of intentional injury or organization sell human organs sin, to the consent of the victim as the standard, non sale price authenticity or post (Amendment eight37Article2Paragraph).

15A premeditated shooting B and prostitution female nude photo, force B to deliver the property. One day, a B dinner, prostitution female C company. After dinner, a B, C in the car. B, C just to B Zhai, B is the boss call, C also leave. Half an hour later, a holding the camera into B house found that nobody, then took the B3Million yuan in cash. On the nature of a, which of the following statements are true?

　　A.Attempted robbery and theft crime

　　B.The imaginative joinder of robbery and theft crime

　　C.Blackmail and impose exactions on Preparation and theft crime

　　D.The imaginative joinder of blackmail and impose exactions on attempted theft and accomplishment

[answer]C

[2] what crime, solving the key lies in the theory of knowledge and the special provisions of criminal law on the crime of a concrete crime with the crime. A planned to ethylene and prostitution female nude photo threat, force B to deliver the property behavior, the lack of means to suppress the stress resistance, only the heart with fear, blackmail and impose exactions on the constitution of the crime of robbery, not in conformity with the constitution of the crime of extortion, constitute a crime, leaving for B temporary occupy, a failed to shoot ethylene and prostitution female nude photo "to" the implementation of stress, which belongs to the reason will not succeed, in preparation for a crime; to shoot nude photo motivation into B room, found no one after another, the criminal intent took B3Million yuan, constitute the crime of theft accomplished; Jia has implemented two behavior (blackmail and impose exactions on and theft), not the imaginative joinder of offenses (only the implementation of a behavior, but violate the two charges), if the punishment crime of blackmail and impose exactions on preparatory crime, should be combined punishment for several crimes. To sum up, constitute a behaviorBlackmail and impose exactions on Preparation and theft crime,CAn election.

16On the crime of larceny, which of the following statements are true?

　　A.Pick up the crime of theft, to carry the weapon as the premise

　　B.Pick only steal others pockets inside the small property

　　C.Pick whether steal amount, even if I have a piece of white paper, also was accomplished larceny

　　D.The establishment of a burglary theft, does not require a large amount, also does not require the repeated theft

[answer]D

[2] what the larceny crime plot, the key of problem solving is familiar with the "criminal law amendment (eight)" the new regulations. According to the "criminal law amendment (eight)" article39The new provisions, theft burglary, lethal theft and pickpocketing3For the crime plot, coupled with the "criminal law" article264The original "theft of large amount" and "multiple theft"2For now, the crime of theft crime plot is5Kind of.ABC"Error, pocketing established theft, objective must have the following3Conditions: (1) behavior address must be in public places (2) behavior object must carry goods for others (3) steal property must be worthy of protection of property law, such as stealing a bag of tissue, it is difficult to set up the crime of theft. At the same time, should pay attention to5Points: (1) carrying weapons not to pick, both tied into the crime plot (2The property is not limited to) pick small goods volume, such as in the train pick passengers carrying luggage on the rack (larger property3'do not require) technology (4'don't have the usual), a pickpocket (can constitute a crime5) pick does not require secrecy, public establishment of larceny theft.DThe argument is correct, theft of large amount, many times theft, burglary, larceny, theft for carrying weapon5Parallel, independent crime plot. To sum up,DAn election.

[C] develop larcenyThe crime plot:

(a) a large amount of public or private property, the judicial interpretation of value500Yuan to2000Yuan, the provinces, autonomous regions, municipalities directly under the central government, the court in this range according to local circumstances to determine.

(two) the repeated theft, pay attention to: (1The judicial interpretation is one year theft)3More than once, no amount of requirements (2At the same time and place) of the same victim, identified as a, the implementation of different victim, identified as many (3From the objective that "the times"), not to conduct subjective identification, such as a generalization of the intentional crime, theft on the same floor in many households, shall be deemed to be repeated (4Not every time) to theft accomplished as standard.

(three) a burglary, pay attention to: (1"Household") according to the robbery of housebreaking "households" judicial interpretation, no amount of and the number of requirements, can be convicted (2) combined with a burglary not trespass and theft crime or implicated offense, is one of the crime of theft (plot3Legitimate) entering after the theft, burglary (not4Housebreaking) or general illegal behavior based on breaking into others' houses after the theft, burglary (is5Even without a large amount of) a burglary, but steal property value small, such as an egg, not to set up the crime of theft, but has a special commemorative items, even if is of little value, but also constitute the crime of theft, such as old photo albums with old photos.

(four) carrying weapons theft, pay attention to: (1Countless times) amount and requirements, can be convicted (2Not simple) by snatching with lethal weapon "lethal" judicial interpretations were strictly limited interpretation: range weapon range is larger than that of interpretation, as long as possible causes a sense of danger can, need not have apparent power; need not be used at any time the murder weapon might, as long as the evaluation to carry the can objectively carry; the weapon can be, do not require the use of objective, more do not need to display or use, or may constitute the crime of robbery.

(five) ', refers to the public at stealing others' property, countless amount, number and other circumstances, can be convicted, see the specific analytical part.

17The following acts which option should be to conceal, conceal the crime to offend the crime?

　　A.A bribe obtained1000Million yuan to buy a villa

　　B.B is knowing that others for robbery and change the color of the body of the car

　　C.C and robbery conspiracy. Before the offspring for the sale of looting

　　D.Ding Mingzhi is the theft of automobile and other vehicle origin certificate forgery for its

[answer]D

[2] that what conceal, conceal the crime to offend, the key of problem solving is familiar with the judicial interpretation and the related.

AItem is not elected, the prisoners (including in the common crime abettor and accessory) implementation conceal, conceal the proceeds of crime act, not conceal, conceal the crime to offend (Xing Fadi312A).

BNot elected, advance help constitute the crime of robbery accomplice, but knowing that others robbed the vehicle or the vehicle robbery used as instruments of crime and to change the body color, have set up to conceal, conceal the crime to offend the possible (2007Years5Month9The daily maximum method, zuigaojian on handling and theft, robbery, fraud, robbery of motor vehicle related criminal cases, the interpretation of article1Article1Paragraph4Item).

CNot elected, premeditated to sell looting, constitute the crime of robbery crime.

DAn elected, behaviorKnowing that others stealing cars provide vehicle origin certificate forgery for its, constituted to conceal, conceal the crime to offend (BIn the judicial interpretation of article1Article1Paragraph6Item).

To sum up,DAn election.

18On the crime of illegal possession of drugs, which of the following statements are true?

　　A.Illegal possession of drugs, regardless of the quantity shall be investigated for criminal responsibility

　　B.Possession of drugs is not limited to, I hold, including through others hold

　　C.Possession of drugs and non owners, must know who is the owner of

　　D.For the sale and possession of drugs, should be punished

[answer]B

[that] what the crime of illegally holding drugs.

AThe following error, smuggling, trafficking, transporting, manufactures narcotic drugs, regardless of the quantity, shall be investigated for criminal responsibility, punishment (Xing Fadi347Article1Paragraph), does not contain "illegal possession" behavior of four kinds of behavior; illegal possession of opium200Grams, heroin or methamphetamine10Grams or other narcotic drugs in larger quantities, we set up the crime of illegal possession of drugs (Xing Fadi348A).

BClaim right,CThe following error, the crime of illegal possession of drugs "hold" is a defacto dominance, understand the implications need to pay attention to the following6Points: (1Specific performance of direct possession), and possession of drugs, or other methods (control2) does not require with the physics, can carry on the management and control to the (3) holders do not require drug "owner" or "ownership", as long as the de facto ruler can (4Holding) is not required to hold directly, can also directly occupied by third people, indirectly holding (behavior5) hold is not exclusive, will not be held alone, can be held in common or overlapping (holding6) hold is a continuous behavior, only the drug for a certain time is dominated by human behavior to constitute a hold, the length of time in question, but if time is too short, not enough to explain the behavior of man dominated drug, it is difficult to set up the crime of illegal possession of drugs.

DThe argument for smuggling, trafficking, error, transportation, manufacturing drugs and drug possession, possession is smuggling, trafficking, transporting the subsequent behavior, making behavior, theory for the absorbable offense, without the establishment of the crime of illegal possession of drugs, the combined punishment for several crimes.

To sum up,BAn election.

19College students a for civil servant interview score, give the interviewer B (an organ)2Bottle of high-grade liquor, B refused. The next day, a home again to B, secretly will a value1Million gold coins on the table on the left. B does not know. The nanny thought B know, cabinet will gold into B. In this case, which one of the following options is wrong?

　　A.A set of bribery behavior

　　B.B behavior does not constitute the crime of bribery

　　C.Identified a constitute bribery and bribery crime not contradictory not b

　　D.Nurse behavior was established using influence bribery

[answer]D

[2] what the crime of bribery.

AThe argument is correct, a to obtain improper benefits (for their legitimate interests, and give the property does not hold bribery), offering property to a state functionary, even if illegitimate interests not obtained, also constitute bribery (Xing Fadi389Article1Money), but if a given property by blackmail, did not obtain improper benefits, not to set up the crime of accepting bribes (Xing Fadi389Article3Paragraph).

BThe argument is correct, the bribery act must have bribery intent (Xing Fadi385A, b) first refused a bribe, for a second time in secretly placed1Million gold coins uninformed, lack of bribery bribery crime intentionally, not established.

CThe argument is correct, bribery crime and bribery crime belongs to the crime situation down to bribery and bribery, usually mean the crime, but there is no necessity, such as blackmail to property, did not obtain improper benefits of bribery crime of bribery, party, party does not constitute the crime; to seek the interests and work for the state personnel property does not constitute a crime, bribery, bribery shall constitute a crime; to state functionaries property bribery to seek illegitimate interests, but the national staff to immediately reject or accept the property to relevant departments for processing or not, are due to lack of bribery intention not to set up the crime of accepting bribes, but bribery constitute bribery, stem case that belongs to this situation.

DThe argument is wrong, the nanny, the subject is not using the influence of bribery, does not belong to the national staff of close relatives, also do not belong to the relationship between judicial interpretation in the close person (or lover mistress have common interest people); second, lack of deliberately using the influence of bribery.

To sum up,DAn election.

20Liu to Zhao the committed the crime of intentional injury, attached to the civil criminal courts. Because Zhao sister had rejected the case the trial judge Wang courtship, so Wang knows that insufficient evidence, charged with a crime does not hold water, destruction of evidence of innocence that Zhao, Zhao constitutes the crime of intentional injury, and to declare the exemption from punishment. Of Wang's conviction, which of the following statements are true?

　　A.This crime

　　B.The crime of breach of privilege

　　C.Be forgetful of one's duties crime

　　D.To help destroy the evidence of crime

[answer]A

[2] what crime of malfeasance.

AClaim right,BCThe following error, the crime (especially the law and crime, crime of breach of privilege) be forgetful of one's duties (common law) belongs to the relation of enactment concurrent crime, especially the law priority, in does not constitute a special law (Xing Fadi398Through article419A) required special crime of breach of privilege be forgetful of one's duties or sin, is applicable to the common law (Xing Fadi397A) provisions of the general be forgetful of one's duties crime or the crime of breach of privilege, the presiding judge Wang knows Zhao innocence, Zhao to destroy evidence of innocence means, the criminal prosecution, the establishment of this crime. Another difference between crime and the crime of breach of privilege, be forgetful of one's duties lies in: (1The former is intentional crime, the latter) is a negligent crime (2The former behavior) is generally considered as the behavior, the latter is generally not as.

DThe argument is wrong, take this to destroy or falsify evidence, manner, there may be the following3Case: (1The implementation of the judicial personnel) in charge of the case, which belongs to the crime with the help of destruction, forgery of the imaginative joinder of offenses, to the crime (felony) crime (2The implementation of the judicial personnel of non) in charge of the case, to help destroy or falsify evidence, the crime (3) ordinary citizens and the case of judicial personnel and the implementation form of the crime, the accomplice. Wang as the judge in charge of the case, to destroy the exculpatory evidence means, let Zhao from criminal prosecution, constitute a crime, non destruction, crime of fabricating evidence. To sum up,AAn election.