The criminal law questions

76, September 21, 1992 at three pm, the defendant Oxford long for his wife Yang Peijing in Tianjin Nankai District Lixin market sell cloth, just drank the victim Li Zhibeng sprinkle came pointing to a piece of cloth to cattle to give him. Bovine inquire after told Lee said head is small, but still will head back to Li Zhibeng. Lee took the head of simple look, that is thrown into Niu Yanglong's face. Bovine took the head also took Li Zhibeng's face, both sides quarrel, the others moved. Niu Jinlong in order to avoid the expansion of the situation. Hastily packed section head out of the market. That day afternoon 5 when Xu, Oxford dragon returns market get the rest of the head, was waiting for Li Zhibeng, Li is to catch up with their fists on the bovine facial, bovine glasses broken ground, glasses debris scratched his eyelids, but the cattle did not suffer. Then Lee again with his right arm caught Niu Jinlong's neck, continue to beat cattle, because the Li body strong and tall, thin body of cattle, cattle flounce not to open. Niu Jinlong to escape beatings, under the fruit knife to carry out toward the Li Luanzha, the first Li right arm stabbed. But Li does not stop on the beat, and will Lee left abdominal injuries. Li will go no cattle, cattle tie li. Arrived at the market management personnel, Oxford dragon fruit knife to the managers, the next day to surrender to the public security organs. Li Zhibeng was wounded in the stomach, the court identified that belongs to the injured. Q: Niu Jinlong's behavior is self-defense or unjustifiable self-defense?

77 , a second two people attempted robbery, observed the C's husband is away for several days, took the night masked into the third house. C frightened loudly call, a then forced into Restroom C, and to regulate the C. From B to find property. In the process of a watch C, and the intention, forcibly raped C. How to ask for a second two people punishment, and explain the reasons.

78 , Deng Bing is a sports school martial arts class of students. One night, Deng Bing play back from the students home, pass by a remote alley, from a crossroads alley out a knife wielding young yao. Yao a knife forced to Deng Bing, and let him give all the money in his pocket and watch. Deng Bing turned and ran, it ran into the alley. While Yao a knife followed, panic fear, Deng Bing took on a stick to the corner, a Yao to swing, Yao went down. Deng Bing very afraid, surrendered to the nearby police station immediately. After the inspection, Yao has died. Deng Bing's actions were justifiable defense and excessive defense? Why? 　

79 , Zhao, male, 21 years old. Zhao in December 7, 1997 by the people's court to the crime of theft and sentenced to 2 years, 2 years of probation. Zhao during the period of probation, allowed to ride a bike, on the way to sell KaoGongShu Xiamou bicycle and baking barrel down. Xia the accused Zhao, Zhao Huiquan will have summer face, chest, causing Xiamou bone comminuted fracture (minor). Summer is a lawsuit to the people's court. The court shall Zhao how to punish?

8O , Li Mou of the accused person, male, 35 years old, farmers. Since 1990, Li Mou of the accused person has stolen 10 times, I have two bicycles, radio one and smoke, wine and other objects, the value of 3000 yuan. In 1990 June, is detained by public security organs. Lee while in detention, except for repentance, truthful account of the theft, but also explain the night of April 10, 1994, surnamed Wang with the factory workers dormitory looting and killing people. By the judicial organs in accordance with the law will be verified, accomplice Wang arrested. Wang Mou confessed to the robbery and murder. Q: arrested during metasomatic remaining crime is belong to surrender? Explain yourself and others with crime offences are meritorious performance?

Sun Fuqi 81 , the work time, BaoDing Railway Station in the south, the half for freight train window open, inside, take out a l card vI-427E Hitachi catalog (put) like a machine, the value of 4000 yuan, and the machine hidden in the repair station hospital. Ma Zhigang found Sun Fuqi went to the station repair items hidden inside the courtyard, that sun stolen car. To Sun Fuqi from the repair station hospital, Ma Zhigang went in search. The horse in the weed finds a Book (put) like a machine, transferring it to a nearby the break room hidden. After the machine to take home, for himself. Whether Sun Fuqi, Ma Zhigang acts constitute a crime? Why? 　　

　　　　　　　　　　　　　　　　　　　　　　　　　
82 , the defendant Wang Jun, male, 36 years old. Workers in a factory. One day in the summer of 1996, workshop sultry, Wang Jun will find a old electric fan. The fan does not move when the power plug, Wang Yiwei is wet, the use of lighter lit a piece of paper baking plug. Then he remembered the workshop will prohibit the use of fire, ignited paper thrown on the ground to use his heel. But because the light disk caused by floating in the ground quickly ignited the gasoline vapor combustion, near the tank in the gasoline, causing the fire, leading to the loss of RMB 10000 yuan. After the court hearing, to fire Wang Jun was sentenced to 3 years in prison and 4 years of probation. Two years later, Wang Jun was on probation before the factory warehouse property theft of property, be verified, which constitute the crime of theft. Q: Wang Jun's probation should be revoked? What are the conditions on the revocation of probation in criminal law in our country?

83, Tian Hua is a sports school martial arts class of students. One night. Tian Hua play back from the students home, pass by a remote alley, from a crossroads alley out a knife wielding young huang. Huang knife forced to Tian Hua and asked him to hand over all the money in his pocket and watch. Tian Hua turned and ran, it ran into the alley. And Huang knife followed, panic fear, Tian Hua took on a wooden stick wall, to Huang Huang to swing, fell. Tian Hua very afraid, surrendered to the nearby police station immediately. After the inspection, Huang has died. Tian Hua's actions were justifiable defense and excessive defense? Why?

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　
84 , the defendant Zhang Gang, male, 30 years old, unemployed. In 1980 because of theft was sentenced to 8 years in prison, the procuratorial organs to escape prosecution of the defendant Zhang Gang. The first instance court found: Zhang Gang was convicted of theft, in June 25, 1980 was sentenced to 8 years in prison. In being put into prison labor reform team, Zhang think sentencing overweight and escape from the original. The afternoon of September 6, 1980, Zhang Gang used to escape prison site in separate labor and unmanned opportunity. After the escape, Zhang was a pseudonym Fang, successively in Hainan Province, a living wage. Meanwhile, Zhang Gang and the young lady Jeong live together as husband and wife, and children, a son and a daughter. L at the end of 1992, one was just a village with his family back home, to the local village cadres account for their escape after, and in February 24th the same year the initiative to the local police station to surrender. At large total period 11 years 5 months and 18 days. In August 24th the same year labor reform team sent personnel to escort Zhang Gang regression case. Q: Zhang Gang escape 11 years, if it is beyond the limitation of prosecution? How to determine the limitation of prosecution?

85, Wang Mou, female, 24 years old. Zhang, female, 44 years old, the family of women. The victim Wang Zhaokuan, who on his wife Zhang, daughter Wang often beat and scold abuse. One winter day night, Wang Zhaokuan holding a dagger on its own daughter Wang threat, raped 2 times. Wang after being raped once medication Dutch act, after the rescue did not die. Zhang was also Wang Zhaokuan played after sleeping pills to Dutch act, attempted. One February 27th night, Wang Zhaokuan drilled into bedding to rape, Wang, Wang is not from. When Zhang, Wang Zhaokuan afraid his wife found, went back to his bed. Morning 4 am, Wang Zhaokuan and Wang drill into the bed, Wang Mou to resist. Wang Zhaokuan said: "I do not give you the scourge of today. You are my pet." Then use the body down wang. Wang Mou hand clutched Wang Zhaokuan's testicular, shouted for help. Zhang woke up, turned on the light, angrily hit Wang Zhaokuan two mouth. Then hold down the Wang Zhaokuan Zhang, Wang into the outer two section twine to hand, foot binding Wang Zhaokuan, and with a shoelace to Wang Zhaokuan thumbs tied, and let his mother Zhang barns and rope, rope strangled by Wang Zhaokuan. 6 pm, two of them surrendered. Wang, Zhang should be convicted and punished? Explain the reason. 　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　

86 , Wang Yang once because of the crime of intentional injury was sentenced to two years. Released from prison after serving his sentence, he decided to turn over a new leaf, a new leaf, at their own expense to learn driving skills, and later employed in a steel factory van. He was released from prison in 3 years and 1 months of the day, Wang Yang for violation of traffic regulations, knocked down by a passing farmer. He get off a look, see the old farmer in, will the farmer picked her up the car, ready to be sent to hospital farmer. But Wang thought, the farmer to the hospital he had to bear the medical expenses, have abandoned the idea. Then he turned around, to the wilderness, the farmer put on in the woods. Later the body was found, after identification, because of not seasonable cure died down. Analysis of the behavior of Wang yang.

87 , Liu is such and such in the woods outside the city tour, met the young woman forestry Wu (21 years old, sports amateur Wushu players) riding through the woods from Sui Dai Yi. He lurks a glimpse of that, Lin Xuewu daily morning and evening to ride pass by here. One day in the evening, Liu Xiedai bayonet a, hide in the roadside waiting behind the tree, forest home, waiting for an opportunity to rape. When Lin rode into the woods, he suddenly sprang, stopped. Lin and fight, Liu Tifan ran away quickly after, Liu poor chase reluctant. Lin Xuewu ran out of a house not far, see the lights, to go temporarily escape, but the door can not open the window, will. Liu Jianlin fled into the room, he turned away. However, Lin in the broken window into the room, not only damaged the windows, and a foot in bed sleeping children (8 years old) left leg, causing a comminuted fracture. Lin Xuewu to bear criminal responsibility should not hurt the child behavior. Why?

88 , hotel guests a suspicion roommate passenger B to riches, and unctuous, waiting to be drunk from B, B body pulls the blank cheque. A with this and a trading company signed a $one hundred thousand contract. The company found that, the check for the original unit has replaced the seal, has failure, so the non delivery. According to the theory of criminal law, whether a behavior constitutes the crime of contract swindle. Please explain the reasons from the objective aspect of the crime.

89 , Sun Mingliang, male, 19 years old. A 11 night 8 pm, Sun Mingliang accompanied his friend Jiang Xiaoping to go to the movies. In Pingliang City, Dongguan theater to see Guo Pengxiang and Guo Xiaoping, Ma Zhongquan three people follow the girl Chen Moumou, Zhang Moumou, Guo Pengxiang to Chen Moumou pull entanglement. Sun Mingliang and Jiang Xiaoping come forward to stop, a dispute with the three people such as Guo Pengxiang. Jiang Xiaoping beat Guo Pengxiang's face. Guo, three people fled separately, Sun Mingliang and Jiang Xiaoping were out of reach. He returned to Chen Mou, Zhang Moumou escorted home. At this point, Guo Xiaoping, Ma Zhongquan to Pingliang City Transport Company hospital called the movie going Hu Weiji four people, to meet with Guo Pengxiang, Sun Mingliang, Jiang Xiaoping together to find, vindictive. When Guo Pengxiang found Sun Mingliang, Jiang Xiaoping in an alley, about two people. Guo Pengxiang came and questioned Sun Mingliang, Jiang Xiaoping why. Jiang Xiaoping asked: "people of women age so small. You and the night around the stem what?" And pretend that the girl is his sister Chen moumou. Guo Pengxiang was, as Jiang Xiaoping face slam number. Jiang Xiaoping and Sun Mingliang back after beating the street near the wall next to love life, love the sea stack. Guo Pengxiang pursued garbage to break, Sun Mingliang pulled out his left chest Guo Pengxiang spring knife self-defense carry in the face of stab. Guo Pengxiang immediately fell to the ground. Sun Mingliang knife to air by a few, he and Jiang Xiaoping took the opportunity to escape. Guo Pengxiang was punctured left lung, pleura, chest arteries, excessive bleeding, died on the way to the hospital. Whether Sun Mingliang acted in self-defense? Bear criminal responsibility should be?

90 , Du Mou one day into a secondary school, attempt to rape the girl students. Du Mou to the school teaching building third rows of dormitory, use a screwdriver to carry between second break the door. Du Mou after entering the house, see on the bed asleep a person (named wang. Male, 13 years old), and both hands on Wang's neck. Wang was pinched, violent struggle, but Du Mou still don't let go. To stop struggling, Du MOU will Wang Mou's pants, trying for rape, found that Wang was a boy. So he hurried to cover the quilt to Wang's body, running away. Later, Wang died of suffocation. Ask: for Du Mou behavior should ask conviction? Whether the crime of intentional injury or homicide?

91 , a quality inspector is a clothing factory. A process in product inspection, found the factory registration is not perfect, there are a lot of vulnerability management work, and whimsies. While no one around the machine, a box hidden clothing (a total of 50 pieces, the value of 4000 yuan), after the transfer of the factory. The fence was $3000. Q: the defendant whether it constituted a crime of corruption? If a transfer before the box in stolen goods, clothing is the thief from stealing the hiding place, then a crime is in what state?

92 , Huang Jun love, in order to achieve the purpose of getting rid of his wife, he put an amount of poison in his food, his wife found a party food smell, fell to the pig to eat immediately after eating, dead pigs. A sure someone in the food and poison, tell yellow army. Huang Jun took the opportunity to say this is Lee for (Huang Jun and Li Mouyou, then the contradiction) and a joint letter to the public security organs, Sue Lee suspected murder of a poison. Q: Huang constitute what crime? What are the legal circumstances of sentencing?

93 , Wang Jia was convicted of theft was sentenced to 15 years in prison, held in the county public security bureau. Wait sent to prison. His brother Wang Yi Department of the Public Security Bureau pre-trial police officers (not involved in his brother's theft reconnaissance work). In order to help his brother escape, planned brother provides chainsaw, file, ropes, to the object, make Wang Jia to climb from the window and the wall. Ask Wang Yi acts constitute private put detainees crime or crime of escape?

94 , Shao Mou owes a debt of 1000 yuan Ho, not a long time also. One day, he waited in the doorway Shao Mougang primary school, the school 7 years old boy lied to the car, forced away, to the next county with a relative. After he gave Shao Mouji a letter, said: "Shao must be within three to 1000 yuan of money, otherwise. Will the son sold off." Shao Mou report to the Public Security Bureau, the child was rescued. Q: do you think Shao acts constitute what crime?

95 , Zhang do business in Northeast and south between soybean and xiaomou acquaintance. Once, xiaomou asked Zhang to take something back to the northeast, Zhang agreed. Xiaomou to buy their own 50 grams of heroin use plastic film bag into strips, and then into the towel sewing bag, instigate Zhang knotted at the waist. Zhang Q xiaomou is what things, xiaomou said: "don't ask so much, you bring me to there." What Zhang is carried do not know. When he rests on the train by marshals seized. Ask: whether Zhang acts constitute the crime of transporting drugs, please explain why.

96, Yuan Mou and Chen with the city authorities driver. In 1990 January, the defendant Yuanmou and Chen party in the home of friends encounter completed a (Hui). Yuan Mou to Chen said: "after a peacetime prude, so keep the rules. I heard someone forced him to eat dog meat, he said. "Would rather jump off building Dutch act is not broke". Today we change a way to let him break. How to open a joke to help add to the fun,?" Chen agreed. Yuan Mou and Chen Mou to discuss, the dog meat slices on the beef dish, drink a period, the two defendants tried to persuade completed a "eat beef", and many times with "beef" to eat after a. Completed a eat a few slices of feel taste is wrong, ask Yuanmou exactly what meat. Yuanmou stood up to announce: "who says Muslims do not eat dog meat, completed a ate several pieces." then, Yuanmou with dog and let people know, cause great deal of people laugh. Completed a flush with shame, it is left to urinate. About twenty minutes later, Yuan Mou and Chen see completed a did not return, then the toilet to find, do not see. Yuan Mou Chen asked, "would he really go jump off building?" Chen said: "no, we are friends, joking." Two will be returned to tell people: "Bi Mou was calling to something." So keep drinking. The next morning, Muslim canteens master found in dormitories completed a death. After the forensic identification, completed a series of electric shock Dutch act, and left a suicide note. Q: Yuan Mou, Chen is a crime of negligence causing death or violation of the customs and habits of the minority nationalities, or the crime of insulting? Or does not constitute a crime?

97 , Wang Mou some, male, 43 years old, deputy chief in Nangang tax bureau. Nangang Tax Bureau in the collection of individual industrial and commercial tax process, found the precinct "Hongyuan" restaurant for tax evasion, the manager Wu Moumou arrogant attitude, refused to admit. By the investigation, Wu Moumou since business "Hongyun" restaurant, total tax 17 yuan. The tax administration law enforcement officials that Wu Moumou tax amount is huge, has constituted the crime, will be transferred to the judicial organ, shall be investigated for criminal responsibility. Wu Moumou heard the news, quickly found through acquaintances as Deputy Commissioner of Inland Revenue Wang Mou, ask for help, and make a wish, if the king does not be transferred to the judicial organ to receive 50000 yuan, Wang Mou, Wang Mou daughter go abroad and bear the expenses. Wang for money, then do the work in the Taxation Bureau law enforcement personnel. Results the Taxation Bureau of Wu to repay the tax treatment. But not be transferred to the judicial organ. Since then, the Wu Jixu tax up to 20 yuan after the. Q: the case of Wang to conviction? 　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　

98, the defendant Huang, a electrical deputy general manager of Limited by Share Ltd. The company is a foreign-funded enterprises, deputy general manager Huang Ren company, often the company production of electrical articles factory, transported to the use of their own home. Including refrigerator, microwave oven, electric oven and so on, the total value of 5 million yuan, and Huang has never paid the company a penny. As the leader of the company, so he has staff of company property behavior feel helpless. Q: how to convict the defendant Huang? Is the crime of corruption or embezzlement? What is the difference between the two? 　　　　　　　　　　　　　　　　　　　　　　　　　　　　

99, the defendant Zhang, female, 27 years old, the industrial and Commercial Bank of Chinese County branch of a town business office. In the industrial and Commercial Bank of China held "May you be happy and prosperous!" for savings, issuing lottery ticket, each ticket 5 yuan notes, regular L, issued a set of 200000 households, the total amount of 1000000 yuan, a total of four award 2221, among them award 1, bonus 10000 yuan. January 21st, the defendant Zhang received 20000 yuan ticket in the county bank deposit shares represent business, came back after the lottery is allocated to the workers themselves responsible for sales, the issuance of 2000 yuan of lottery. In January 12th, the county bank deposit unit deputy chief Lee, with the county southwest mountain not sold 15000 yuan ticket to business, asked Zhang to take 15000 yuan lottery tasks, and told Zhang, ticket must be issued in March 15th before the lottery, Zhang has sold 11200 yuan lottery ticket, there are 5800 yuan tickets unsold. On March 15th morning 8 when, Zhang Zhen supply and marketing cooperatives to sell 5000 yuan ticket. He handled the financial procedures, asked the cashier to check for transfer date to March 14th, when Zhang did not take the ticket to the supply and marketing cooperatives. At 9 am, Zhang ride to town to see the lottery results, then back to town. 800 yuan tickets Zhang will contain the grand prize of the left, another 5000 yuan lottery consignment agency to town. In April 3rd , Zhang found his friend Liu to the county bank cash bonus l yuan, for himself. Q: how to convict the case? 　　　　　　　　　　　　　

100, the defendant, Jiang Mou, female, 29 years old, a cabaret artist, unmarried. In 1993 the defendant knew Yang (3O years old). A private enterprise boss, city CPPCC Vice Chairman, have fu. Two people have sex, later, Yang wants to get rid of Jiang Mou entanglement, Jiang Mou with the municipal Party committee, City Hall denounced his adulterous threat, proposed can point out the money to fix. So Jiang Mou successively from Yang there blackmail 20000 yuan. Yang Mouben trying not to give, but Kang said: "do not give to. No vice president, I can call you immediately when the Chinese people's Political Consultative conference". In April 27, 1993, Jiang Mou to Yang Mou to prepare some more money, just Yang out of a meeting, only daughter (5 years old) and a small nanny in. Because a small nanny is cooked with ginger, ginger one made with Yang's daughter go out to play. Little babysitter agreed. Ginger with Yang's daughter out, instantly Le Su Yang's intention. So will the young daughter to another lover home. At night she called Yang to carry 30000 yuan to the designated place for children, and make a clean break with it later, and threatened: "if go to the police, they consider the consequences." Yang promised Jiang Mou requirements. But Jiang Mou fear of Yang Mouzhen's report, as if their own estimates can no longer live, so a life death Yang daughter then migrate the intention, with the spade killed Yang's daughter. Yang took 30000 yuan according to the specified time and place for children, can wait 3 hours before, then. In April 30, 1993, Jiang Mou in a seaside city was captured. Q: Jiang Mou constitute what crime? How should be the punishment? The crime of kidnapping blackmail and impose exactions on and what is the difference?
Criminal subjective reference answer questions