Criminal activity (part)

A, single choice

1, a male and female one sex in a park, great indignation by tourists, the adverse social impact. The A, B behavior should be how to identify? (   )

A, a promiscuous crime   B, the crime of organizing pornographic performances    C, stir up trouble crime    D, innocent

2, a country's military attache at the ambassador in Japan a ride in the Chinese civil aviation Beijing to America San Francisco flights and Chinese students studying in Japan the second connector, buying China's state secrets, shall: (on a  )

A, according to our country criminal law shall be prosecuted for criminal responsibility         B, a diplomatic solution to the criminal responsibility

C, processed by the Japanese authorities                D, shall not be subject to criminal liability

3, the direct object theft against the ( )

A, the public and private property rights  B, personal rights        C, public safety    D, the social order

4, one is a railway switchman, whose job is to train in the coming will be responsible to make tracks diverge, train running safety. One day a dispute for bonus allocation problem and leadership, to vent their dissatisfaction, during its duty not switch fork will leave, resulting in a major accident two train collided head-on. Is a behavior (  )

Intentional crime belongs to the A, as the               B, which belongs to as negligent crime

Intentional crime belongs to C, not as              D, which belongs to the omission of criminal negligence

5, a zoo, a breeder is a, a day early in the morning to the tiger pit cleaning, immediately opened, because the time is tight, he hurried after cleaning away, walked out and forgot to close the door, the tiger jumped out, will be a tourist bite injuries. For the tourists injured, the subjective state of mind (a is    ).

A, the fault of negligence                  B, overconfident negligence   

C, indirect intent                        D, an accident

6, the prison term ()

A, 1 months or 6 months following            The above B, 6 months to 2 years 

The above C, 6 months less than 15               D, no time limit

7, a ship flying the flag of China ship moored in the port of San Francisco is American, a British passengers on the ship was killed in a shore USA citizen B a shot. Which of the following statements is true: (  )

A,For B according to the principle of territoriality, application of our criminal law  

B, the B according to the protection principle, application of our criminal law

C, the B according to the principle of universal jurisdiction, application of our criminal law

D, the B a murder has no jurisdiction in China

8, a deliberate killing of B, one day, a see aoyao secretly in the drug poisoning, but B decocting medicinal herbs is heal to cattle, cattle after taking medicine poisoning, belongs to a behavior (       ).

A, the accomplishment of a crime   B, attempted crime  C, preparation for a crime  D, an accident

9 essential characteristics, crime is (     )
A, in violation of laws and regulations    B, in violation of the law   C, harm to society   D, shall be governed by the laws of punishment
10, one day, Huang with a dog wandering in the hillside. He met with Liu and his daily, Huang that put the dog biting liu. Liu warned Huang, Huang continued to set the dogs bite liu. Liu Moubian rushed to the front against the edge of Huang, picked up a piece of stone will Huang injured. According to the theory of criminal law, Liu's behavior belongs to which one of the following situations? (     )

A, emergency     B, justifiable defense   C, excessive defense  D, object error         

11, unfinished crime refers to (    ).

A, without any results               B, did not achieve the purpose of crime

C, not a crime constitutive elements D, not pursuing results

Our country criminal law 12 stipulation, deaf mute or blind person who commits a crime ().
A. may be given a lighter punishment      B. may be given a lighter or mitigated punishment
C. D. shall waive or reduce the punishment may be given a lighter, mitigated punishment or be exempted from punishment
The 13 man robbed a young woman in an alley mouth purse. Grab the wallet, suddenly found that young women are their neighbors, so will the wallet to get back to young women, that just behavior is make fun of. A behavior is ( ).
A. B. C. preparatory crime discontinuance of crime of attempted crime D. accomplished crime
14 pregnant women crime, no matter how serious the crime committed, the highest can be sentenced to ().
B. A. the immediate execution of death penalty of two year stay of execution
D. C. imprisonment for a period of 15 years
15, a divorced daughter B too cumbersome for just three months, one day will Otsuichi stay at home, their lock out. Home a five days, B has died in the cradle, the court constitute a crime of intentional homicide. A belongs to ( )
A, pure is not as committed to B, is not pure is not as committed as C, pure D, the aggravated consequential offence committed

16, China's passenger ship docked at the port of New York American, German armor on the steamer to steal our country citizen B 4000 yuan worth of property. In this case the establishment of China's criminal law is based on the validity of ( ).
A, B C, the principle of protection of personal principle, principle of D, the principle of universal jurisdiction
17, 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 guard 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 mental attitude is ().
A. direct intention     B. indirect intent
C. overconfident negligenceD. negligence

Two, multiple choice questions

1, which of the following behavior does not belong to the meaning of the criminal law (harmful behavior          ).

A, people in sleep behavior              B, the irresistible force under the action of the act

C, in the body by the forced behavior      D, people in the spirit by the implementation of a mandatory behavior

2, the establishment of a specific source of duty crime is not required for the ().

A, ruled by law               B, office, business requirements to fulfill the obligations

C, moral obligation                     Cause D, behavior person first act

3, to which of the following situations shall be investigated for criminal responsibility? ( )

A,15 years of age a in the affray in death  

B, 15 years of age by illegal detention of a person to use violence cause disability

C, 15 years old with 8000 grams of heroin trafficking     

D, 15 years old, the use of violence carnal knowledge of a child

4, the following acts shall be determined as the crime is ( ).
Zhang San A, a knife to kill Li Sijia, walk to arrive halfway because of body unwell and return.
B, a to B is a steal, I B will have money in the bank insurance box. A in a burglaryAnd stop insurance box process because of conscience
C, C to kill Ding, combo gun without bullets hit, because, had to walk home
D, Wang Wu is Zhao six steals, suddenly smell outside someone after, hurriedly escape

5, self-defense must be in order to make legitimate interests from violation and the implementation, the following does not belong to the justifiable defense (    ).
A. provocation defense                              B. fight
C. protect illegal interests and the implementation of Defense              D. imaginary defense

6, Lee bought traffickers in a abducted women Tian Mou, Li and Tian Tian sex, not from, Li Mou Tian locked up, not to eat and drink, for up to 26 hours, then take advantage of Tian powerless to resist, the rape, the structure of Li a behavior (      )

A. trafficking crime                      B. buying abducted women crime

C. rape                          D. of unlawful detention crime

7, Zhang in the 18 storey residential building. One day, Zhang bought a large vase, packaging box, vase is wood, thrown into the garbage box volume too big can't throw down, side and he thought the building facing the street, is not casually throw things. While the other side buildings is a former landfill, recently transformed into the grass and trees, but a few days ago this place to hang a person, ghastly, few people here during the day, night certainly did not, so from this place to throw crates to it. Then walk to the side of the window and waved the packing box thrown down. Didn't expect that when there is a pair of lovers take a walk in the lawn, packaging boxes will be hit into the injured man, after rescue invalid death. Zhang behavior have different opinions on the cognizanceIncorrectYes. ).

A, indirect intentional homicide                B, the crime of negligence causing death

C, an accident                      D, intentional injury crime (lethal)

8, a (male, born in November 4, 1990) and B (female, born in September 20, 1991), high school students, two began dating from 2006 March. In 2006, July to August, a and B have sex. A certain behavior (  )

A, order the parents strict discipline           B, which constitute the crime of rape

C, constitute the crime of carnal knowledge of a child             D, if the circumstances are obviously minor, little harm, don't think crime

9, the following crime belongs to the result crime is ( )

A, the crime of intentional homicide                 B, theft

C, the crime of rape                     D, robbery

11, the basic principles of criminal law have (    )

A, principle of culpability                 B, the principle of suiting punishment to crime  

C, application of the criminal law the principle of equality         D, the legal principle of crime and punishment

12, the following circumstances, a crime in the territory of the people's Republic of (a    ).

A, the crime within the people's Republic of China

B, the result of crime in the territory of the people's Republic of China

C, in the people's Republic of China, a ship or aircraft of the crime

D, with the result of crime are within the people's Republic of China

The 13 basic forms, harm behavior is: (     ).

A, as the      B, a separate crime       C, joint crime    D, not as

Treatment of juvenile delinquency, 14 criminal law of our country has special provisions ().
A. has over 14 years of age under 18 years old who commits a crime shall be given a lighter or mitigated punishment
B. crime under L8 years of age who do not apply the death penalty
C, people under the age of 14 shall be exempted from criminal punishment of crime
D. because of dissatisfaction with the 16 year old is not punished, his parents or guardian shall be ordered to be regulated, when necessary, can also be taken in by the government
15, farmer armour for gambling is the B captured, making township police station, a fine of 500 yuan, said to B with hate in the heart. Jia Nong 2 kilograms of explosives placed in B's window, with the twist received a B yard outside the wall, while in the dead of night, estimate B has to go to bed, then lit the drug twist. When a wick burning to the courtyard, B dog found, with his heel. The barking of the dog will b awakened from their sleep, found the explosives. Belongs to a behavior ().

A, the completed attempt   B, not the completed attempt

C, the crime of intentional homicide         D, the crime explosion

16, the surrender must have the conditions for a ().
Made by A, crime is a misdemeanor        The voluntary surrender of B, after the crime
C, truthfully confesses his crime          D, accept the examination and judgment

17, the following acts, was not justifiable defense has ().
A. on the patients with schizophrenia of violence against attack   B. imaginary defense
C. provocation defense    D. pre defense

18, Li Mou (22 years old) with his brother (15 years old) joint implementation of fraud, for a property, then ().
A. two people constitute a common criminal B. Lee alone constitute crime of fraud
C. D. Li Li brother does not constitute a crime. A crime

19, according to the provisions of the criminal law, may be given a lighter or mitigated punishment, apply the legal circumstances: (a).
B. A. discontinuation of crime of attempted instigation instigator
C. after D. surrender criminal has performed meritorious service
A crime in criminal law theory, 20, said means (broken )

A, the imaginative joinder of offenses B, implicated offense C, continuous offence D, the absorbable offense

21, the following help, instigation, independent form of crime, not according to the accomplice to deal with: ( )

A, help others organizing prostitution B, inciting others to subvert state power 

C, have suppressed crime duty of state organ personnel, to provide convenience to criminals, send news secretly, helping criminals escape punishment 

 D, help the parties destroy evidence, evidence, if the circumstances are serious

22, the following (       In case of recidivism) should not be.
A. A is a year of completion of execution of criminal detention, and 3 years after the crime may be sentenced to the crime of theft three years
B. B during the period of probation, and prisoners sentenced to 5 years in prison for the robbery
C. C during the probation period, and offenders can be sentenced to life imprisonment for the crime of rape
D. Ding in the period of 3 years in prison after the execution is completed, and the crime may be sentenced to 6 months in detention insult

23, national staff refers to (    ).
A. engaged in public affairs in state organ personnel
Personnel engaged in official business of B. State-Owned Company, enterprises, institutions, people's organizations
C. state organs, State-Owned Company, enterprise, unit to a non State-Owned Company, enterprise; and institutions, social organizations engaged in public service D. engaged in official business in accordance with the laws of the people

Three, fill in the blanks:

Provisions concerning the retroactivity of criminal law of China, adopted 1               Principle.

2 essential characteristics, crime is                      .

The 3 basic forms, harm behavior is                   .

4, a nurse in an injection of penicillin to the sick child, forget to do skin test, allergic death caused by children. A nurse's mental attitude is          __________Fault.

5, a carefully prepared to steal banking password, night at home using the Internet will be 100000 yuan in customer accounts into your account. His wife discovered after a strongly discouraged, repentance, and will be 100000 yuan to the customer's account. A behavior crime stop shape is                .

6, China's criminal law in criminal violations of the        The crime is divided into 10 types.

7, the provisions in the criminal law of our country, the age of criminal responsibility is completely           .

8, Zhao knife into his money to a home, claim to want to cut off one ear to cheat a lesson money and people. In the face of money a begging, Zhao took the knife away turn away. Belongs to the Zhao's behavior      .

9, I want a night shot B, while B on his way home, a small fire compartment. Because the light is not good, the distance, a shooting technique is not good, so he can shoot B did not hold, but do not want to miss this opportunity, and so in this psychological domination of the implementation of the shooting behavior. A is the subjective psychological attitude            .

10, Jia riding a motorcycle illegal hit Tian Tian, causing leg skin rupture. Tian Jia sent to hospital for treatment, the nurse did not make the skin test, namely to Tian Tian tetanus needle, due to drug allergy die. Jia's behavior belongs to the field of a death          .

11, a theft of a woman 4000 yuan, after the old man saw in poor, but secretly returned to 4000 yuan, a behavior belongs to the crime stop shape         .

The 12, our country's criminal law to the provisions of the principle of retroactivity                   .

13, an important basis for the establishment of China's criminal law system is           .

14 basic features, crime is:                ,                 ,                    .

15, the parole is the object of             ,            .

Four, determine the title:

1, the crime and the results are within the people's Republic of China, is considered a crime in the territory of the people's Republic of china. (    )

2, Zhang kidnapped Wang in 1997 June, until the October 7, 1997 release of the hostages wang. The crime of Zhang should apply the law. ( )

3, China's criminal law thought crime (admit      ).

4, the A and B are you kidding, picked up while on duty on the table of the pistol to B aim, joked: "I shoot you," Behold the gun with bullets, B was killed on the spot, a behavior negligence ( )

5, C to keep their dogs bite Ding, Ding I fuck up sticks and killed dogs, Ding behavior belongs to the emergency. ( )

6, Zhang from the neighbor boy I coaxed the door lock, which are molded and imitation, is the key. One day Zhang took the imitation of the keys to open the door when home attempt to steal, not because a key imitation, unsuccessfully, to prepare to go home after processing to continue committing crimes, were arrested. Zhang's act of attempted crime of theft. (   )

8, according to the provisions of the criminal law, the crime under the age of 18 and the pregnant women can not be sentenced to death, including not sentenced to death with reprieve. (    )

9, crime under the age of 18 people according to the law can not be sentenced to death, but may be sentenced to death with reprieve. (   )

10, after the surrender of criminals and major meritorious service, shall be reduced or exempted from punishment. (     )

11, the storekeeper armour is shipped, was three and cargo robber tied up and locked shut up, a look at the robber snatched huge material, a behavior is not considered a crime. (    )

12, Zhao and the victim's money a grudge, Zhao revenge. One day, Zhao that money a person at home, he took a dagger to kill the money, but he is on his way to the money a go, all of a sudden stomach pain, then returned home, Zhao's behavior belongs to the preparation for a crime. ()

13, a nurse in an injection of penicillin to the sick child, forget to do skin test, allergic death caused by children. Subjective psychological attitude a nurse is the fault of negligence. (      )

14, the crime is the necessary condition of all the crime. (  )

15, the criminal law of our country stipulates the legal punishment definitely belong to the prescribed penalty.                 (   )

16, a desire to kill B, will poison into B meals. B after taking, a regret, hurriedly explained the situation, and will b sent to hospital. The hospital inspection found in the rescue process, put a "poison" no toxicity, B safe and sound. A behavior belong to attempted crime. ( )                 17, a criminal sentenced to criminal detention, during execution, to work without pay.    (  )

18, sentenced to public surveillance and additional deprivation of political rights, the term of deprivation of political rights from control completed date. ()                                                        

19, the principal shall be given a heavier punishment.                                      ( )

20, the justifiable defense exceeds the limits of necessity and causes serious damage, should be to defend excessive conviction, but should be discretionary mitigated punishment or be exempted from punishment.                                    ( )
21, after the surrender of criminals and major meritorious service, can be reduced or exempted from punishment. (  )

Five, the case questions.

(a) Zhao back a neighbor's 6 year old child Cong out to play, put a big pit. Zhao wants with the children to open the claim to take the brainy thrown into the pit. Cong Cong said: "you dare not". Zhao and walk into the pit side, arch up for dumping action to frighten the brainy, because standing instability, and brainy together into dung anti, immediately shouted for help, people came to rescue Zhao, and remove Cong, the brainy suffocate to death.
  Q: what is the 1, Zhao's subjective guilt?

2, should be how to define the crime reasons?.

(two) the defendant a certain electric appliance company's marketing department. In June 2, 1999, just met senior high school classmate B when the salesman in the marketing department, a see shelves full of high-grade appliances, was the theft of the heart. A to B say: "I didn't expect you here things are very full!" B pay no heed to say: "all right" in the evening, a to B, conspiracy to steal the salesroom appliances thing, B began to not agree with, then finally agreed on a's instigation, and let a be careful, good preparation. Late on the third day twelve points, a and B, open the shop door, steal appliances dozens of pieces of the value, more than 30000 yuan. After fleeing the scene, B in order to destroy the scene, from the counter took an electric plug, and threw a cardboard box on top. On the road to escape, a Q: you in the back, what now? Answer: B I the electric plug. A not utter sth, afterwards just know in electric furnace is to fire. That night, the shop was destroyed by fire.

Question: 1, what constitute a crime? B constitute what crime? There is no belong to the common crime between two people?

2, if a see the electric plug, and ask B: "why?" B answer "destroy the scene!" A boast: "or the man badly", then two people left the scene, the fire destroyed the salesroom. At this time, a and B are on fire behavior constitute the crime?

3, if B in electric furnace, a don't know, just to stand out in the shop gate etc. B. The director of the marketing department just C to Salesroom something, see a standing at the door of the shop around a lot, electrical appliances, and the shop door ajar, he questioned a: "what are you doing?" A very afraid, fuck a previously prepared iron bars in C to hit, propylene immediately fell, after inspection, C for severe brain oscillations. B a fire with a hurried fled the scene. In the case, a and B, the constitute what crime?

 

(three) the driver a day on 9 point night driving overspeed exercises, in a corner will be a small tricycle in the non motorized road with Liu, Wang hit in the ground, Liu Mou to die on the spot, Wang was seriously injured. A get off immediately, will be the death of Liu abandoned on the roadside, the injured Wang up into the cab, driving to the hospital, drive to the road, a see nobody around, parking will Wang Mou to hold the roadside corn, drove away, Wang lost the chance to survive, bled to death.

Analysis of a certain behavior to that?

Four, a and B, C collusion extortion money. A and C and C son Ding (17 years old) acquaintance. One afternoon, a Ding invited to an amusement park to play, then the B to C call. B said Ding was kidnapped, so C send 30000 yuan in cash to the agreed destination, no alarm, or kill ding. Propylene is worried about his son's life without warning, 7 pm to 30000 yuan to the agreed place. B made money after the notice of a, a subsequent breakup with Ding home. A and B, constitute what crime?