175, according to the provisions of the criminal law of our country, all the financial fraud are in large amount elements.(*) 176, the behavior of stealing credit card and using, should take the credit card fraud crime.(*() to larceny) 177, "stealing credit card and using it, in the amount of one thousand yuan of above, suspected of credit card fraud.(*) 178, theft can be used to invoice cheating export tax rebate constitute the crime of theft.(√) 179, the applicant to defraud insurance money, deliberately killed the insured, which constitutes the crime of insurance fraud.(*) 180, the applicant in order to achieve the purpose of intentionally defrauds insurance money, killed the insured, after the claim to the insurance company.The behaviors of the insured to intentional homicide and crime of insurance fraud conviction and combined punishment for several crimes.(√) 181, the applicant made not the occurrence of an insured accident, defrauds insurance money, constitute the crime of insurance fraud.(*(difference) large amount) 182, a state-owned insurance company claims Dingmou directs others intentionally false insurance accident, by their false claims, defrauds insurance money 200000 yuan.Ding Mou behavior constitutes the crime of insurance fraud.(*()Decide the crime of corruption) 183, using false export reports or other fraudulent means, the tax part of defrauding export tax rebates tax over pay, to tax evasion conviction and punishment.(*"Criminal law") (204th with false export reports or other fraudulent means, defrauding export tax refund, larger, is less than five years imprisonment or criminal detention, and fraudulently to one to five times the fine; the amount involved is huge or other serious circumstances, five to ten years in prison, and fraudulently to one to five times the fine; if the amount involved is especially huge or other especially serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, and fraudulently to one to five times the fine or confiscation of property. Taxpayers pay tax, by deceptive means mentioned in the preceding paragraph, defrauding the tax payment in accordance with the provisions of this law, article 201st of the tax evasion is convicted and punished; tax claim more than pay, shall be punished in accordance with the provisions of the preceding paragraph.) 184, means of violence or threat, refused to pay taxes, suspected of crime of refusing to pay taxes.(√) 185, abet, inciting the taxpayer, withholding agent, tax, or by other means to implement tax revolt crime, accomplice to revolt.(√) 186, illegal publications, printing, copying, distribution business, seriously disrupted the market order, if the circumstances are especially serious, with the conviction of the crime of illegal business operations punishment.(*)
(several issues about the specific application of law in the trial of criminal cases of illegal publications explained "Fifteenth
illegal publications, printing, copying, distribution business, seriously disrupted the market order, if the circumstances are especially serious, which constitutes a crime, in accordance with the criminal law article 225th (three) of the Convention, to be convicted for illegal punishment.)
187, the implementation of production, sales and shoddy goods crime, and constitute the infringement of intellectual property rights, illegal operation of other crimes, crimes shall be convicted and punished in accordance with the.(*(a), for the production of the application of law to the sale of fake and shoddy merchandise criminal case explanation "article tenthThe implementation of the production, sales and shoddy goods crime, and constitute the infringement of intellectual property rights, illegal business and other crime, in accordance with the provisions of punishment heavier punishment) 188, Wang from the company of stealing trade secrets of the company, constitute the crime of theft.(*) 189, the person who commits the crime of contract fraud, in the amount of ten thousand yuan can be investigated.(*() the Supreme People's Procuratorate, the Ministry of public security "on the prosecution of economic crime cases standard": individual fraud of public or private property, in the amount of 5000 yuan to 20000 yuan;The directly responsible person in charge and other directly responsible personnel unit of the implementation of fraud in the name of the unit, the fraud proceeds to all units, in the amount of 50000 yuan to 200000 yuan of above.) 190, due to wreak revenge or other personal aims, machinery and equipment, farm animals to destroy or damage by other means of production and operation, suspected of crime of sabotaging production and business operation.(√) 191, without approval, the State Tobacco Monopoly Bureau Management cigarettes, if the circumstances are serious, the crime of illegal business operations.(√) 192, in violation of the provisions of the national salt industry management, illegal production, transportation, sales of salt, disturb the market order, the circumstances are serious, shall be investigated for criminal responsibility in the crime of illegal business operation.(√) 193, to act as a non iodized salt, had sales of more than 30 tons, the behavior should be punished according to the crime of illegal business operations and selling fake or substandard products two crimes.(*) 194, so that the mother has not yet born fetal death, does not constitute the crime of intentional homicide, and infanticide has constituted the crime of intentional homicide.(√) 195, a and B have, in retaliation for the B, in a foreign terrorist organization, to the killing of a B, shall be convicted and punished for the crime of intentional homicide.(*) 196, Zhang San and Li Siyou.One day, three see Li four to public well for water, will be the first step in the wells.Results four drinking water after the death of li.Zhang San's behavior has constituted the crime of intentional homicide.(*) 197, Zhang, Liu had any quarrel, Liu get desperation, want to teach, so take a sword stab to the thigh by Zhang, and stabbed in the leg arteries, Zhang slowly bled to death.Liu's behavior constitutes a crime of negligence causing death.(*) 198, affray of serious injuries or deaths, according to the crime of intentional injury, intentional homicide conviction and punishment.(√) 199, torture to extract confessions cause disability, death penalty, in accordance with the crime of intentional homicide crime of intentional injury.(√) 200, torture to extract confessions is the object of the criminal.(*) 201, the crime of rape crime object is the women's sexual inviolability of rights.(√) 202, rape and adultery is the main difference between rape against women will, adultery is not the violation of women's will.(√) 203, by violence, coercion or other means to force and women's sex, suspicion of rape.(√) 204, the perpetrator knows is under the age of fourteen young girls and their sexual relationship, if the young girl is voluntary, does not constitute the crime of rape.(*) 205, a debt owed B 50000 Yuanjiu delay was not to force a debt, B to a lock for three months in their cellar, Jia said no money can also, B was very angry at the a seriously wounded, ethylene acts constitute the crime of illegal detention, but should be severely punished.(*) 206, for repayment of the debt and the illegal seizure, detainment, constitute the crime of illegal detention.(√) 207, for extortion and illegal detention, arrest them, constitute the crime of kidnapping.(√) 208, only for the unlawful detention of the debtor's debt behavior can constitute the crime of illegal detention.(*) 209, workers of state organs who commit the crime of illegal detention, he shall be given a heavier punishment.(*) (State functionary crime of unlawful detention crime, he shall be given a heavier punishment.) 210, kidnapped and killed the victim, should take the kidnapping and homicide crimes.(*)
210, for the infant cases should be dealt with crime of intentional killing.(*)
211, a married without children, and stealing a baby, keep in the home, a behavior constitutes the crime of kidnapping.(*) 212, to adopt the name, low-cost buy baby, the adoption by expensive products, profit from the crime of trafficking of children, should be punished.(√)
(Baby stealingAccording to different purposes, different, conviction.
1, for the purpose of selling, mayComposition2, the crime of trafficking in children for extortion of money, mayCompositionThe crime of kidnapping 3, to adopt and slavery, mayCompositionChild abduction...) 213, the criminal law of our country stipulates the crime of abducting and trafficking in women "women", both with Chinese nationality women, including women with foreign nationality and statelessness.Is not selling foreign women's identity, does not affect the conviction and punishment of criminals.(√) 214, a staff of state organs Lee, fabricated the facts of the crime of false accusation his ex-wife, in accordance with the provisions of the criminal law of our country, should be severely punished.(√) 215, crime of false accusation to serious elements.(√) 216, young workers and colleagues have a because B, then B has to seduce a young girl was fabricated facts, outside spread, causing very bad influence.A behavior constituted the crime of false accusation.(*) 217, crime of abuse and crime of abandonment is told to deal with crime.(*) 218, the crime of insult and defamation are told to deal with crime, unless the serious harm the social order and the interests of the state.(√) 219, infringement property crime has the purpose of illegal possession of private property.(*) 220, Tian to ride a motorcycle in the street to see the woman carrying a purse Zhang exquisite in walking, namely, however, from behind the pull strap, trying to steal purses.Zhang immediately alert, grabbed the strap is not put.Tian sees this scene, suddenly of motorcycle acceleration, and yanked the strap, Zhang was immediately fell seriously.Tian acts constitute the crime of robbery.(
√) 221, take a small taxi process, seize the opportunity to rob the driver money behavior does not belong to China's criminal law article 263rd (two) provision "robbery in public transportation vehicles".(√
) 222, rob a bank office supplies to China's criminal law article 263rd (three) the provision "to rob the bank or other financial institutions".(*) 223, robbery, refers to the illegal possession for the purpose of, take people unprepared, to seize large amount of public or private property behavior.(*) 224, guilty of theft, fraud, robbery, for booty, resist arrest or destroy criminal evidence and on the spot the use of violence or threats of violence, in accordance with the theft, fraud, snatch crime shall be given a heavier punishment.(*
) 225, fraud, for booty, resist arrest or destroy criminal evidence and on the spot the use of violence or threats of violence, convicted and punished for robbery.(√) 226, the object of robbery crime is ownership of property and personal rights.(√) 227, according to the provisions of article second of criminal law in our country 267th, carrying weapons snatch, in accordance with the provisions of the criminal law on the crime of robbery conviction and punishment.(√) 228, for a burglary, is found and on the spot the use of violence or threats of violence, shall be deemed as the robbery of housebreaking.(√) 229, the motor vehicle theft and robbery, the criminals and the sale price, shall be in accordance with the provisions of the criminal law of our country to be recovered.(√) 230, Wang Mou flee to Beijing a residential area, continuous forced their way into the 7 home indoor robbery, the behavior should be considered "robbed several times".(*) 231, a robbery of a credit card, the card has a total of 10000 yuan of money, it took 3000 yuan of consumption.On a robbery crime should be in accordance with the 10000 yuan of conviction and sentencing.(*) 232, during the kidnapping and robbing the victim on the spot to carry goods, should be based on the kidnapping and robbery conviction and punishment.(*) 233, Wang Mou to ride a motorcycle by Zhang unguarded knocked down grabbed the wallet, Wang's act constitutes a crime.(*) 234, Party A and Party B common theft, B in the field.A theft of C $2000 in cash, C discovered immediately after a and B.A B C to escape, was caught by the use of violence to C, C seriously.A and B acts constitute the crime of robbery.(*) 235, driving a motor vehicle robbery, robbery conviction and punishment shall be.(*) 236, plunder of public or private property, without pretreatment by administrative punishment, should be prosecuted according to law, to snatch the calculation of accumulative amount.(√) 237, carrying weapons snatch, refers to the behavior of people to carry guns, explosives, knives and other countries banned individuals carrying instruments on him or to commit robbery and carry other equipment.(
√) 238, a night to see an old hand carrying a bag (in cash and 1500 yuan), walking alone, a rushed forward grabbed the bag and ran away, due to excessive force, the old man fell to the ground, the old man fell seriously.The nail should be the crime of intentional injury shall be given a heavier punishment.(*() the crime of seizing or negligently crime one felony punishment) 239, Zhang, Wang Mou of two people found LiuMou a person walking alone, take a handbag(in cash and other valuables, the value of 5000 yuan),Then followed, plan to rob.When Liu went to a no one corner, Zhang by Liu unprepared from behind Liu hold hands, Wang Mou to Liu hand handbag.Zhang Mou, Wang Mou constitutes a crime.(*) 240, Li Zhang money coveted.One day while Zhang's home machine to kill it, remove property number.Lee should be punished as the intentional homicide.(*) 241, B, illegal possession of a carry valuables, will be a shot, the property looted.B acts constitute the crime of robbery.(√) 242, in the implementation of blackmail and impose exactions on intimidation, threat of content can be the threat of violence, can also be a threat to the mudslinging, also is the threat of destruction of property.(
√) 243, Wang Mou with computer knowledge acquiring a company internet account and password, to 100 yuan per 3 months to sell internet account and password, a profit of 5000 yuan from 40000 yuan, cause losses to the company, Wang's act of theft, burglary amount is 5000 yuan.(*) 244, the disabled, the elderly theft or lose labor ability property of the people close to the "large amount" starting point, may be prosecuted for criminal responsibility.(√(note) is "property", refers to the private property, not public property."Private property" is wrong) 245, the repeated theft, refers to the 1 years a burglary or in public places to pick 3 times.(√) 246, in practice the behavior of stealing the amount is close to the larger starting point, and the theft of the disabled or incapacitated person's property, also can be convicted and punished as theft.(
√) 247, the full sixteen years of age under eighteen years of the implementation of theft of not more than three times, the amount of theft has reached the "large amount" standard, but after the voluntarily surrender and actively chairman, can be identified as "significant harm is slightly plot", was not deemed a crime.(
√) 248, the implementation of theft, causing damage to public and private property, theft crime shall be given a heavier punishment.(√) Trade secret theft 249, technical achievements, convicted in accordance with the provisions on the crime of infringement of business secret criminal punishment.(√) 250, postal personnel to open the mail, theft of property, should be in accordance with the opening privately mail and the crime of theft crimes.(*) 251, theft of contraband, processing by the crime of theft, regardless of the amount, according to the seriousness of the circumstances of sentencing.(√) 252, the criminal law of our country stipulates "theft of financial institutions", is refers to the theft of financial institutions operating funds, securities and customer funds, such as deposits, bonds, other property, the settlement funds, stock, not including the theft of financial institutions, office supplies, transport and other property act.(
√) 233, for the purpose of making profits, stealing others' communication lines, copying other people's telecommunications code or number or knowingly stealing others' communication lines, copy others Telecom telecom equipment, facilities and use, with larceny conviction.(
√) 254, drunk with wine, drug use and other methods, the victim in lethargy, unconscious or not against the state, and on the spot will be property from the act of theft.(*
) 255, attempted theft, if the circumstances are serious, such as a huge amount of property or precious cultural relics such as the theft target, shall be convicted and punished.(√) 256, do not report the loss, theft of bearer negotiable certificate of payment, negotiable securities, the valuable ticket, regardless of whether the instant cash, according to the face amount and the deserved profits, bonuses or other prizes available income together.The stock is calculated by average price stolen Stock Exchange announced the day the stock transactions.(
√) 257, knowing is stolen vehicles and the sale, shall be punished as an accomplice to the crime of theft.(*) 258, Zhang is a private enterprise accounting, a day late into the financial room units, with the key to open the safe unit 20000 yuan in cash.Zhang's act of theft.(*) 259, posing as juniors of high-ranking officials of fraud, defrauding large amount of public or private property, not punished for the crime of try every trick to mislead the public.(√) 260, any behavior by means of fraud to cheat other people's property, large amount of, all constitute crime of fraud.(*) 261, to be false, fraudulent use of identity documents for the admission procedures and the use of mobile phones, the telecommunication expenses caused by the loss of large amount, judged and punished as crime of fraud.(
√) 262, without state approval, issuance of lottery sales, which constitutes a crime, the crime of fraud conviction and punishment.(*() the crime of illegal business operation) 263, has started the implementation of fraud, but due to reasons other than the behavior of people will not obtain property, is attempted fraud.Attempted fraud, if the circumstances are serious, shall be convicted and punished according to law.(√) 264, others buried cannot become the object of crime of embezzlement.(*) The subject of the crime of embezzlement in 265, not including working personnel of the state, a collective economic organization staff and other means, the management of public property who.(*) 266, a villager group leader, taking advantage of his position, the villagers group collective property illegally for himself, the larger amount, thus a behavior should be punished by the crime of duty encroachment.(
√) The subject of the crime of embezzlement in 267, for the State-Owned Company, enterprise, institution staff.(*) 268, the establishment of the crime of embezzlement behavior must be to refuse to return the illegal possession of the property of others as a condition.(√) The major difference between the 269, the crime of misappropriation of funds and the crime of misappropriating public funds is that the latter is the special subject of crime.(*()The first is the violation of the object and the object of crime is different, then the subject of crime is different.) 270, a certain because production does not conform to the hygiene standards of food and by the industry and commerce department shall be ordered to stop production, in the industrial and commercial personnel for their equipment seized, a certain of its cuff and kick, don't let the business personnel attachment, resulting in a serious consequence of law enforcement personnel.A certain acts constitute the crime of obstruction of official business.(*) 271, a tax authority for tax evasion is fine, then the tax staff B a grudge.A day on the way home from work in the B, a B to minor injuries, a behavior constitutes the crime of obstruction of official business and the crime of intentional injury.(*) 272, intentionally obstructs a state security organ, the public security organ from carrying out tasks for state security according to law, we must resort to violence or threat, causing serious consequences, according to the obstruction of official crime punishment.(*) 273, as state (organs) staff try every trick to mislead the public, constitute the crime of try every trick to mislead the public.(*) 274, posing as police try every trick to mislead the public, shall be given a heavier punishment according to the crime of try every trick to mislead the public.(√) 275, the "looting", destroy or take public and private property, the ringleaders, convicted and punished according to the crime of intentional destruction of property.(*(a) "looting",... Is damaged or take public or private property, shall order the original refund or compensation price, the ringleaders in accordance with robbery conviction...) 276, knowing is the fictional horrible information and deliberately spread, seriously disrupting social order, which belongs to the crime of endangering public safety.(*) In 277, Zhang in the affray each other fight in the Wang seriously wounded, Zhang acts constitute the crime of affray.(*) 278, the crime of affray, causing serious injury, death, the crime of affray conviction and punishment.(*) 279, the full sixteen years of age under the age of eighteen for the big bullying the small, oppress the weak or seek mental stimulation, beating other minors, many other minor take strong force or any damage to public and private property, disrupting schools and other public place order, if the circumstances are serious, the conviction of crime punishment.(√) 280, for the organization, planning cult personnel trouble makers, public cult activities and gatherings, series and other activities, for the active participants, planners, organizers in command and incorrigible, according to our country criminal law in 300th the first paragraph, the organization to undermine the implementation of law conviction, the cult crime punishment.(√) The subject of the crime 281, cover up the crime syndicate (authority) is the national staff.(*) 282, the criminal organization is relatively stable, the number, there are clear organizer, leader, basically fixed backbone members is "one of the characteristic of the underworld organization".(√) 283, for the underworld organizer, leader, shall be punished according to all the crimes the organization, the leadership of the organization with underworld society crime.(√) 284, through the implementation of the illegal and criminal activities, or the use of shielding the staff of state organs or connivance, dominate the party, in a certain area or industry, forming an illegal control or significant influence, serious damage to the economy, social order is "one of the characteristic of the underworld organization".(√) The subject of the crime, the crime of disturbing social order 285 is the ringleader, commit the most heinous crimes or other active participants.(*) (the subject of crime is general subject, is the ringleader to disturb the social order and the active participants; the ringleaders, is plays the role of organizing, planning, directing the people; in disrupting social order in an active participant, refers to the active participation of disturbing social order and play a major role.) 286, a is an unemployed, in order to seek mental stimulation, many times with his friends chasing women in the street, causing very bad influence in society, a behavior belongs to disturb the public order crime.(*) The implementation of gambling crime activity 287, knowingly, and provide funding, computer network, communication, such as the cost of clearing the direct help for the gambling crime, the accomplice.(√) 288, the organization underage gambling, or gambling attract underage gambling, should be severely punished.(√) 289, without state approval, issuance of lottery sales, which constitutes a crime, shall be convicted and punished according to the crime of gambling.(*) 290, the crime subjective aspect is only direct intent.(√) 291, that was stolen and the sale, in order to conceal, conceal the proceeds of crime, the proceeds of crime accomplice.(√) Identification of human 292, in civil litigation cannot become the subject of perjury.(√) (the subject of perjury is a special subject, namely, can only be a witness in criminal proceedings, identification, recording and translation.) 293, perjury, is refers to the criminal proceedings, witnesses, appraisers, record, translation has an important relationship with the case of the plot, intentionally makes a false description, identification, recording, translation, meant to harm others or conceal criminal evidence.(√) 294, Lee carrying people to secretly cross the national boundary (border) exit, resulting in people being transported 1 wounded, Li Mou is suspected of transporting people to secretly cross the national boundary (border) environmental crime.(√) 295, to secretly cross the national boundary (edge) environment for more than 3 times, is a serious, be suspected of secretly cross the national boundary (edge) environmental crime.(√) 296, in the organization of people to secretly cross the national boundary (border) exit in the process, people to people being organized murder, rape, kidnapping, damage and other criminal acts, or has committed the crime of killing, injuring the inspectors, should be identified as crime.(√) 297, lack of qualified doctors, while posing as a doctor in the medical unit employment, negligence doctor who caused the death of the acts constitute a crime and the crime of medical accident try every trick to mislead the public.(*) 298, without obtaining the qualification for others to control unauthorized operation, causing the death of patients should be punished, the crime of illegal medical practice.(*(illegal) for birth control operation sin) 299, smuggling, trafficking, transporting, drug manufacturing, if a small number, if the circumstances are minor, may not be investigated for criminal responsibility.(*) 300, for the purpose of selling and buying drugs illegal behavior should be crime of drug trafficking.(√) 301, people smuggling items both drugs and counterfeit currency, obscene articles, should decide the crime of smuggling drugs, smuggling of counterfeit currency crimes, crime of smuggling pornographic articles.(√) 302, lure, shelter, introducing others into prostitution, suspected of luring, shelter, crime of introducing prostitution.(√) 303, knowing that they are suffering from syphilis, gonorrhea and other serious sexually transmitted diseases and prostitution, whoring, suspected of crime of spreading venereal diseases.(√) 304, constitute the crime of spreading venereal diseases must be the infection to each other.(*) 305, lure, shelter, the subjective aspect of prostitution crime must be for the purpose of profit.(*)
(organization, force, induce, shelter, the prostitution crime subjective only intentional, although prostitution for the purpose of profit, the organization prostitution are usually for the purpose of profit, but the criminal law did not profit for subjective content.Theoretically speaking, prostitution has profit, does not mean that the organizers must have a profit objective.) 306, Wang, Zhang and others employed to act as a bodyguard, Captain, pimp in the activities of others in the organization of prostitution, can help the organization prostitution, is the organization prostitution crime accomplice, and should therefore be an accessory to the crime of organizing prostitution.(*) 307, to seduce under the age of 14 young girls prostitution behavior punishment should be inducing prostitution crime.(*) (luring young girls prostitution) 308, if the behavior of people in the organization of prostitution in the implementation of force, induce, introducing prostitution behavior, the behavior of people who should be forced prostitution and prostitution crime.(*) 309, Sun Mou, making copies of pornographic discs, in addition to sell, many also will lend to many people watched pornographic discs, should play the pornographic audio-visual products shall be given a heavier punishment to crime organization of its behavior.(*(to make), copy, sell obscene goods crime of spreading obscene articles for profit and crimes)