Two, single choice The three cardinal principles 1, China is (established in criminal lawC). A, the principle of equality before the law, the principle of suiting punishment to crime, the principle of the presumption of guilt B, safeguard the legitimate rights and interests of the parties, the principle of presumption of guilt, the legal principle of crime and punishment C, the principle of legality, the principle of suiting punishment to crime, criminal law the principle of equality Adapt to D, principle of legality, the principle, the principle of presumption of innocence 2, the provisions of our criminal law, the crime of any person, in the (BEqual). A, conviction and sentencing B, the applicable law C, sentencing range D, discretion 3, the provisions of our criminal law, the law does not expressly provided for the crime, (C). A, can be applied on B, shall be convicted and punished C, shall not be convicted or punished D, can be convicted and punished
4, "the law expressly provides for the crime of conviction and punishment, in accordance with the law; the law does not expressly provided for the crime,They shall not be convicted or punished".This reflects the "criminal law" (theAPrinciple. A, the legal principle of crime and punishment B, the principle of equality before the law C, the principle of suiting punishment D, principle of culpability 5, the provisions of our criminal law, punishment, should be with the criminals (CAdapt to). A, the crime B, bear criminal responsibility C, the crime criminal responsibility and commitment D, the consequences 6, the provisions of our criminal law, and crime in the field of people's Republic of China, (B). A, will be applied in the criminal law of our country B, except when otherwise stipulated by law, the criminal law of our country are applicable C, China's civil application of our criminal law, foreigners shall not apply D, China's civil application of our criminal law, foreigners are resolved through diplomatic channels 7, crime (CThere is a place) within the people's Republic of China, is considered a crime in the territory of the people's Republic of china. A, behavior or object B, subject or object C, behaviors or results D, behavior and jurisdiction 8, Shimou, male, Americans, a staff member of the government, in May 14, 2001 as a tourist identity to China tourism.In June 3rd, a ride in the China some airlines plane to Singapore on the way, for trifles and neighbour one Italian dispute, then the right eye blindness with each other by flight forks.With regard to the case of China's criminal law is applicable, the following statement is true: (D) Perpetrators of A, in this case was the victim of foreigners, also for foreigners, the personal jurisdiction principle does not apply to China's criminal law in accordance with the Personnel involved in the B, in the case of a foreign government employees, in accordance with international law enjoy diplomatic privileges and immunities, so this case does not apply to the criminal law of our country C, in accordance with the principle of territorial jurisdiction, if a harm behavior, the aircraft is being Chinese airspace, the case shall be subject to the criminal law of our country, if in his country over apply the laws of his country D, a damage action occurs in the China aircraft, shall be in accordance with the law shall be punished China 9, our country criminal law about the retroactivity principle (takeD). A, from the new principle B, from old principle C, from the new and lighter principle D, the doctrine of 10, a country's embassy counselor, a planning in China a criminal group in the kidnapping, the criminal liability of the nail should be how to solve?(B) A, application of our criminal law shall be prosecuted for criminal responsibility To solve the B, through diplomatic channels C, directly deported D, apply its own criminal law shall be prosecuted for criminal responsibility 11, the "PRC Criminal Law" shall be implemented as of October 1, 1997, to 2006 June there were several amendments?(D) A, 3B, 4C, 5D, 6
(The criminal law of the people's Republic in July 1, 1979 fifth session of the National People's Congress second conference, revised in March 14, 1997 eighth session of the National People's Congress fifth conference, the criminal law of the people's Republic of China has been under the December 25, 1999 amendments to the criminal law of the people's Republic of China, the August 31, 2001 criminal law amendment (two) in December 29, 2001, the people's Republic of China criminal law amendment (three) in December 28, 2002, the people's Republic of China criminal law amendment (four) in February 28, 2005, the people's Republic of China criminal law amendment (five) in June 29, 2006, the people's Republic of China criminal law amendment (six) in February 28, 2009, the people's Republic of China criminal law amendment (Amendment seven).) The basic characteristics of 12, crime is (B). A, criminal illegality B, the social harmfulness C, the actor has may punish the nature D, deserved punishment The general object 13, crime means (A). A, protection by criminal law of our country social relations The object B, all the common infringement crime The object C, some common infringement crime D, all social relations in socialist society 14, our country criminal law thirteenth stipulation "plot remarkable slight harm not big, not be considered a crime", should be understood as (C). A, is a crime shall not be regarded as a criminal B, is a crime not to criminal punishment C, do not constitute a crime D, is to reduce the impact surface special strategies 15, the flower raiser Lee to prevent stealing flowers in the greenhouse, the surrounding private pull grid.One evening, Bai Mou stealing flowers accidental electric shock, was sent to hospital, and died.Subjective psychological attitude Li to this result is (B) A, direct intention B, indirect intent C, overconfident negligence D, the fault of negligence 16, should have foreseen that his behavior may cause socially dangerous consequences, because (C) and do not foresee, or have already foreseen but trust can be avoided, so that the occurrence of this result, is a negligent crime. A, exceeding one's expectations B, beat all C, negligence D, an accident 17, criminal negligence, (A) bear criminal responsibility. A, only when the law so provides B, shall C, without D, must " 18, Liu is very like the neighbor boy xiaotao.One day, Liu Tao to play with a small bridge, carrying out small hands will be suspended from a bridge, Xiaotao shouting scared side struggle, Liu hand slipped, Xiaotao Fall River, Liu quickly to save, Xiaotao has been drowning.Belongs to Liu's actions (A). A, negligent crime B, an accident C, intentional crime D, accident 19, ZhuMou extramarital affairs have killed his wife Li Mouzhi read.One morning, Zhu put to death "tetramine to Lee fried cake at".Zhu is to prevent their 6 year old son to eat cake poisoning, the son to the kindergarten, and told his son he pick.But Lee day off early after the child back, and son together to eat cake.Zhu after that, he returned home, his wife, son had died of poisoning.About the case, which of the following statements is true?(C) A, Zhu for his wife, son of death is direct intention B, Zhu for his son's death has indirect intent C, Zhu for his son's death has a fault D, Zhu for his son's death was an accident 20, a trafficking opium, drive pass by when a checkpoint is stopped, check the business sector, the inspectors Zhu Mouzheng boarding check, a sudden start the car escapes, Zhu to seize the car hand not to put, a get rid of Zhu, in the street suddenly slam the brakes, Zhu was falling on the ground, head with death.A pair of Zhu's death is (mental attitudeB). A, direct intention B, indirect intent C, overconfident negligence D, the fault of negligence 21, the provisions of our criminal law, (C) your behavior will cause socially dangerous consequences, and wishes or allows such consequences to occur, thus constituting a crime, is an intentional crime. A, can be predicted B, should know C, knowing D, should foresee 22, the constitutive elements of the crime, which belongs to the essential requisites to constitute a crime is (D) A, harm result B, behavior method C, the behavioral object D, risk behavior 23, Lee, 14 years old, riding a bike to go home after school, due to retrograde and fast speed, in turn into walking on the opposite side by Zhang, Zhang for craniocerebral injury, after rescue invalid death.Lee's behavior: (
A) A, because of dissatisfaction with 16 years of age, he shall not bear criminal responsibility B, belongs to the accident C, no causal relationship D, constitute the crime of traffic accident 24, the criminal law of our country stipulates the age of relative criminal responsibility refers to (C) A, were 14 and 18 years of age B, were 16 and 18 years of age C, were 14 and 16 years of age D, under 14 years of age 25, the provisions in the criminal law of our country, is full (C) person who commits a crime, he shall bear criminal responsibility. A, fourteen years old B, fifteen years old C, sixteen years old D, eighteen years old 26, the full 14 years of age under the age of 18 crimes (C) A, shall be given a lighter punishment B, be given a mitigated punishment C, shall be given a lighter or mitigated punishment D, may be given a lighter or mitigated punishment 27, the provisions of our criminal law, mental patient causes harmful consequences at a time when he is unable to recognize or control his own conduct, the (B) confirmation, he shall not bear criminal responsibility. A, forensic identification B, the legal procedure identification C, judicial identification D, a medical identification 28, the provisions of our criminal law, (B), shall bear criminal responsibility. A, who commits a crime B, an intoxicated person who commits a crime C, people under the age of fourteen crime D, more than fifteen years of age who commits a crime 29, the provisions of our criminal law, legitimate defense exceeds the limits of necessity and causes serious damage, he shall bear criminal responsibility, but should (C) punishment. A, a lighter or mitigated B, mitigated or exempted C, reduce or waive D, below the legally prescribed punishment 30, the provisions of our criminal law, in order to enable countries, the public interest, the person himself or herself or others, property and other rights from (A) risk, emergency action shall not be taken, caused the damage, he shall not bear criminal responsibility. A, are B, has occurred C, will happen D, may occur 31, the provisions in the criminal law of our country, the emergency exceeds the limits of necessity and causes (B) damage, he shall bear criminal responsibility. A, should not be B, should not be C, unreasonable D, a large 32, a knife to rob a taxi, the driver put up a good fight, the fight will be a knife stabbed to death.The driver behavior is (B). A, the crime of intentional homicide B, justifiable defense C, excessive defense D, an accident 33, the following statements is correct (A). A,Just CauseSignificantly more thanThe limits of necessity and causesMajorThe damage, he shall bear criminal responsibility(note the distinction: EmergencyExceedThe limits of necessity and causes undue damage, he shall bear criminal responsibility) B, the justifiable defense exceeds the limits of necessity and causes serious damage, he shall bear criminal responsibility C, justifiable defence obviously exceeds the limits of necessity and undue damage is caused, he shall bear criminal responsibility D, in order to enable countries, the public interest, the person himself or herself or others and other rights from infringement, and to the suppression of unlawful infringement behavior, causes harm to the unlawful infringer, is justifiable defence, and he shall not bear criminal responsibility. 34, the driver in the normal driving on the way, suddenly from the side of channeling two child chases the to car, the driver not brake the car, quick turn of the steering wheel, the car crashed into the room towards the road, cars and houses damaged by.The driver behavior is (A). A, emergency B, traffic accident C, intentional destruction of property D, an accident 35, the limit conditions of justifiable defense is (D) A, can not exceed the limits of necessity B, can not exceed the criminal aim The behavior strength C, not more than criminal defense in intensity D, not obviously exceeds the limits of necessity and major damage 36, the attempted crime of unfinished crime refers to the (D). A, did not occur as a result of crime B, crimes are not implemented C, the criminal purpose did not reach D, crimes are not have all the elements of a crime 37, Hu in a night to sneak into the factory to financial department to steal, when the prior preparation key to open the safe, out of fear of legal power, leave the scene.Hu's behavior (C). A, don't think that is a crime B, belong to attempted crime C, which belongs to the discontinuance of crime D, belonging to the preparation for a crime 38,One night, a and B two people carrying tool, ready to steal a police force of guns, ammunition, two people came to the police station walls, found inside the brightly lit, heavily-guarded, feel not start, then returned.A second two people (ActsA). A, preparation for a crime B, attempted crime C, the discontinuance of crime D, expression of criminal intent 39, a poisoned his father, his father has died of poisoning, rushed to his father to the hospital, after the rescue invalid death.Belongs to a behavior (B). A, attempted murder B, intentional homicide crime(such as after the rescue did not die is the discontinuation of a crime) C, the discontinuance of crime D, negligent homicide crime 40, in the crime process, gave up the crime or automatically and effectively prevent the result of crime, is (A). A, the discontinuance of crime B, crime termination C, attempted crime D, do not constitute a crime 41, the song a triangular scraper robbed Wang property, Wang won the song of the scraper, and the song down to the cement ground, song on his head, immediately coma.Wang followed by triangular scraper will song kill.Properties of Wang's behavior, the following statements is correct (D). According to A, the third paragraph of the criminal law twentieth, Wang will be the robber to kill, is justifiable defence B, Wang's behavior belongs to the excessive defense C, Wang Mou in front of the behavior is the justifiable defense, behind the behavior is unjustifiable defense D, Wang Mou in front of the behavior is the justifiable defense, behind the behavior is intentional homicide 42, Zhang at a later date, to take a walk in the park, see a "girl", Zhang that came down the human desire to rape, and find other men, Zhang had to stop the infringement fled the scene.Belongs to the behavior of Zhang (A) A, attempted crime B, the discontinuance of crime C, the accomplishment of a crime D, do not constitute a crime 43,Drugstore clerk Lee and Wang Mou enemy.One day, Wang's wife to the pharmacy to buy medicine for a cure, Lee will be a pack of arsenic mixed to Wang Qi in medicine.Lee regret, on the second day to the Wangs to retrieve arsenic, and Wang Mou that has served her.Mr. Lee see Wang without what unusual, not to tell the truth to wang.A few days later, Wang Mou for taking Lee provide arsenic and death.Belongs to the Lee's behavior(B) A, the discontinuance of crime B, the accomplishment of a crime C, attempted crime D, preparation for a crime 44, a B infidelity because her boyfriend hate, decided to kill B.One day a to B will lead to a bottle of sleeping pills (50) incorporation Coffee let B drink.B in bed sleeping, a home to a nearby hill to Dutch act.A mountain hesitate a day, hearts remorse anxious to go home, to find B had been sent to hospital, not dead.A happy.(of aC). A, according to the accomplished offense punishment B, can be accomplished crime shall lighter, mitigated punishment or be exempted from punishment C, can be accomplished crime shall be given a lighter or mitigated punishment(a composition attempted murder) D, shall be exempted from punishment. 45, the following case in which a set of crime?(A