2013National judicial examination "criminal law" and the reference answer

 

　　A, single choice. Each problem set options which has only one correct answer, multiple-choice, wrong or not the election did not score. A total of21Questions, each question1Points, a total of21Divided.

　　1A call the airport that "3A bomb "aircraft, the airport immediately emergency evacuation of passengers, carpet on aircraft security,3To resume normal flight order hours. About the case, which of the following statements are true?

　　AFor maintaining social stability, whether a behavior is seriously disrupted social order, it shall be investigated for criminal responsibility a

　　BFor aviation safety behavior the occurrence of risk prevention, the protection of the people, should be to endanger public security related crimes sentenced to a penalty

　　CStarting from the facts and the law, a behavior consistent with the fabrication, deliberate dissemination of false terrorist information constitutes a crime, shall be investigated for criminal responsibility

　　DTo spread false information, endanger aviation safety, affect domestic and international cases, can break through judicial procedures, to win the trust of society to the efficient handling

　　2. regarding the relationship between socialist concept of the rule of law and the principle of legality has the following points:

The ideological foundation of legal principle of crime and punishment is democracy and respect human rights, essential attribute with the socialist concept of rule of law

The crime in law both judicial restraint, but also constrained legislators, in line with the basic requirements of the concept of the rule of law

The legal principle of crime and punishment is the core of the limit state authority, safeguards the national freedom, consistent with the concept of law enforcement for people

The legality of ruling the country by law idea is embodied in the field of criminal law

On the view of right and wrong, which of the following statements are true?

　　AAt the sentence correctly, the second in the sentence error

　　BArticle 1. The sentence correctly, the second the sentence error

　　CArticle 2. The sentence correctly, the first sentence error

　　DArticle 2 the sentence. ③ are correct

　　3At about the interpretation of criminal law, which one of the following options is wrong?

　　AThe analogy to explain. In conclusion, into the judicial explanation does not belong to the analogical interpretation

　　BThe large tractor. Explanations for the "criminal law" article116The crime of destruction of means of transport "car", at least is expanding interpretation and analogical interpretation

　　C"Criminal law" provisions. There are many provisions are stipulated in the "fake" and "change", but not to the exclusion of the other provisions will be "altered" interpreted as "fake" a form of

　　D"Criminal law" article65Provisions, dissatisfaction18Old people don't recidivism; "criminal law" article356Provisions for smuggling, trafficking, transporting,, manufacturing, the crime of illegal possession of drugs was sentenced to punishment, and commit the crime stipulated in this section, shall be given a heavier punishment. According to the principle of interpretation of discontent18Old people do not apply "criminal law" article356Article

　　4. "criminal law amendment (eight)" in2011Years5Month1The date of promulgation. According to the "criminal law" article12The provisions on the time validity, which one of the following options is wrong?

　　A．2011Years4Month30A crime, crime after the surrender and major meritorious services, the provisions of the criminal law applicable before the amendment, shall be reduced or exempted from punishment

　　B．2011Years4Month30Recently in the compensation of employees,2011Years5Month1Future to transfer property means to refuse to pay laborers remuneration, the provisions of the criminal law is amended

　　C．2011Years4Month30Recently the organization sell human organs, the provisions of the criminal law is amended

　　D．2011Years4Month30A pickpocket property amount has not reached the standard of the larger, not to larceny

　　5A woman learned that her boyfriend B empathy, resentment send a pair of roller skates, expecting the exercise hurt. B wear this shoe when in motion, it fell seriously. Analysis on the case, which of the following statements are true?

　　AA behavior belongs to. Harmful act as

　　BAt present the criminal law of causality between the behavior and B a wound

　　CA B. Intentionally hurt, but do not constitute the crime of intentional injury

　　DA behavior constitutes the crime of negligently

　　6．2010Someday, a to B, B B found. See the table a piece of jade pendant, concluded that the imitation worthless, will walk away with a. After a pair of C that the jade pendant is the Qin Dynasty artifacts, values5Million yuan, C to3Million yuan to buy. The identification is the Qing Dynasty jade pendant, market value5000Element. Analysis on the case, which one of the following options is wrong?

　　AA judge for the imitation jade worthless has according to, no understanding of "large amount", lack of theft crime intentionally, does not constitute the crime of theft

　　B. a stolen jade pendant to C, has may punish the nature, does not belong to not the penalty after behavior

　　C. criminal responsibility should not be investigated a theft jade pendant, but should be investigated for criminal responsibility by a fraud

　　DA fraud by fraud amount5Million yuan, of which3Million yuan of accomplishment,2Million attempted

　　7A is implementing the general damage B for self-defense, induced b injuries (still in the defense limit). B has no capacity for a violation, will be sent to the hospital, but a ignored and left. B bleed to death. About the case, which of the following statements are true?

　　AA not rescue behavior independent omission constitutes crime of intentional homicide

　　BRescue. Not a independent omission constitutes a crime of negligence causing death

　　CA behavior is unjustifiable defense

　　DA behavior only to set up a justifiable defense

　　8A late night into the small supermarket, the stress is sleeping on the chair clerk B turn gold, B said "money in the cash register, only to buy goods to open the cash register". A pocket100Yuan to B say "to you, just buy what". B open the cash register, to hand over all the cash, he ran a. In fact, B to a cash only88Yuan, a "lost"12Element. About the case, which of the following statements is true?

　　AA entry is the small supermarket, but B has to sleep in a chair, belonging to the robbery of housebreaking

　　BAs long as armed robbery, even free of charge, also constitute robbery

　　CFor armed robbery, does not need to distinguish the accomplished offense and the attempted, directly in accordance with the statutory penalty provisions prescribed punishment can be

　　DAlthough the loss of a ""12Yuan, fail to profit, but is not for the reason will not succeed, constitute the crime of robbery crime

　　9"Criminal law" article29Article1Paragraph: "who instigates others to commit a crime, shall be punished according to the role he plays in a joint crime. Instigates a person under the age of eighteen crimes, shall be given a heavier punishment." The provisions of the understanding, which one of the following options is wrong?

　　A. whether be instigated receive instigation crime committed by two or more persons jointly, or deliberately abetting the crime, the provisions can be applied to the front end of the

　　BThe paragraph means that the instigator may also be an accomplice

　　CIncite discontent14A person under the age of crime which belongs to the indirect criminal case, provisions shall also apply to the paragraph after paragraph

　　DIn paragraph. The "crime" and indefinite, includes a general crime, including special identity crime, including the crime, including the crime of negligence

　　10At about crime number judgment, which of the following statements are true?

　　A. posing as police try every trick to mislead the public, diddle other property, the special law to try every trick to mislead the public crime

　　BThe implementation of the robbery. Posing as police officers, also constitute the crime of robbery and the crime of try every trick to mislead the public, which belongs to the imaginative joinder of offenses, from a felony punishable

　　CAt the same time. Posing as soldiers for fraud, crime of fraud and crime of posing as soldiers try every trick to mislead the public, from a felony punishable

　　DAircraft hijacking. Posing as soldiers, was posing as soldiers try every trick to mislead the public and crime of hijacking crime, a combined punishment for several crimes

　　11To be declared_______Criminals, in_______Test period commits another crime or other crime is found in the judgment is pronounced, no previous judgment, shall be revoked_______Make a decision, for the newly committed crime or newly discovered crime, the former crime and the punishment imposed for the latter crime, in accordance with the "criminal law" article69The provisions of article, decided to implement the punishment.

Fill about three spaces, which of the following statements are true?

　　AShould fill in the "parole"BShould fill in the "Probation"

　　CNot only are filled. "Parole", or "probation are filled"

　　D. neither are filled "parole", also cannot are filled "probation"

　　12In the construction site. A driving a dump truck. One night, a car is not paying attention to the road, on the spot will be killed, injured workers B C. A back C to hospital, think of going to jail, then C abandoned to escape after Lu ditch. C no treatment to death. About the case, which one of the following options is wrong?

　　AA violation of the traffic regulations, so the occurrence of major accidents, causing deaths and injuries, violated the traffic accident crime

　　BDuring the operation. A violation of safety regulations, the occurrence of major accidents, violating criminal major accident

　　CA does not constitute the crime of traffic accident and the crime of major accident liability of the imaginative joinder of offenses

　　DA to evade legal responsibility, will c away from the scene of the accident after abandonment, induced C not cure died, violates the crime of intentional homicide

　　13A to B Loan50The establishment of million registeredACompany, B and a stipulated in theAThe company has second days of business license, BBCompany to theACorporate borrowing50Million yuan.AThe company after obtaining the business license, by a hand willACompany50Million yuan loanBCompany. On the nature of a, which of the following statements are true?

　　AThe crime of false registered capitalBThe crime of false capital contributionCWithdrawing the capital crimeDInnocence

　　14At about currency crime, which one of the following options is wrong?

　　A. the crime of counterfeiting currency in the "currency", including the domestic circulation of RMB, in the domestic convertible foreign currencies, as well as foreign currency in circulation

　　B"Criminal law". According to the regulations, currency counterfeiting and sells or transports counterfeit currency, counterfeit currency shall be given a heavier punishment in accordance with the. Accordingly, the act of forging, and transport the others forged euros, should according to the crime of counterfeiting currency shall be given a heavier punishment

　　CThe low amount of dollar bills processed into high pound notes, which belongs to the counterfeit money

　　DRMB real currency. For processing, so that100Yuan denomination into50Yuan denomination, belongs to the altered currency

　　15A and B, as a friend. B before going abroad, will your debit card (written on the back to a safe password). After a shopping card, card1.3Yuan run out. B after returning home found Cary no money, ask a ever use this card, a denial. On the nature of a, which of the following statements are true?

　　AThe crime of EmbezzlementBCredit card fraudCThe crime of fraudDLarceny

 16About the crime of insult and defamation. The paper, which of the following statements are true?

　　AAt the station. For a stimulating stripped women clothes, cause others to onlookers, violating the compulsory indecency, insulting women sin, not offend the crime of insulting

　　B. in retaliation for the women, above the street hit women scold "Fox", if the circumstances are serious, shall be punished by the insult, libel is not to punish

　　CFabrication of others. Rape crime fact, report to the Public Security Bureau and the media, the intention to subject others to criminal investigation, if the circumstances are serious, committing crime of false accusation, no breach of libel

　　DInsult, libel, belonging to the dear action, without party told, shall investigate the criminal responsibility of the accused person

　　17. B drove to the seaside. Upon arrival, B to swim. A fool B said: "I rest in the car, the car keys to me." While B swimming, a the vehicle to the field to others. A constitute what crime?

　　AThe crime of EmbezzlementBLarcenyCThe crime of fraudD. concurrence of theft and fraud

　　18Doctor Jia after retirement, or is a doctor2Years. One day, a to B treatment, injection of penicillin. B the readme previously injected penicillin skin test, a not for B injection of penicillin, penicillin allergy and B died. About the case, which of the following statements are true?

　　AThe crime of illegal medical practice. The aggregated consequential offense punished

　　BThe basic crime. To punish the crime of illegal medical practice

　　C. causing death to negligence crime

　　DThe medical accident crime

　　19At billboard erected by the roadside a company branch occlusion, a company without obtaining the logging permit, will be part of the branches occlusion billboard cut cut branches, the total6Cubic metre. About the case, which of the following statements are true?

　　A. felling trees including cutting branches, a company set up the behavior of crime of felling trees

　　B. crime of felling trees is the behavior crime, not to destroy the forest resources is essential, a company set up the behavior of crime of felling trees

　　CA company is not for the purpose of illegal possession, only to set up the crime of illegal denudation

　　DThe crime of felling trees. Not sentenced to a fine

　　20State-ownedACompany general manager Jia foundAThe company will beBThe company purchased the goods sold to a company,AThe company can earn300Million yuan. A let his wife B incorporatedCCompany, and using its special identity, letBThe company and theAThe company after the termination of the contract, and then sell the goodsCCompany.CThe company obtained thereby300Million yuan of profits. On the qualitative behavior of armour, which of the following statements are true?

　　ACorruption and crimeBCrime of illegal profiteering for relativesCThe crime of fraudDThe crime of illegal business operations

　　21The grandson. C B on suspicion of robbery Beixing ju. B asked a to C off, and promised to pay the10Million yuan. A public security bureau deputy director and Ding Zaonian understanding, but had not seen for years. A Todin on C as innocence, Ding did not agree, a with mudslinging coerce, forced by a Ding request handling cases. After the receipt of B a10Million yuan in cash. About the case, which one of the following options is wrong?

　　AFor "close" should be interpreted according to the nature of influence using bribery, not only from the formal cap for the relatives and friends

　　BAccording to theAOptions view, "close" includes a relationship, a composition using influence bribery

　　CDing constitute crime, constitute a crime of instigation

DA behavior which violates to use the influence of bribery and the crime shall be punished as a felony, should

[answer]1-5 CDACC 6-10 DCDDC 11-15 BADBB 16-20 BBADA 21 D

Two, multiple choice questions. Each item in the options with at least two correct answers, multiple choice, choose a smaller, wrong or not the election did not score. This part altogether13Questions, each question2Points, a total of26Divided.

　　51On crime of omission, which of the following statements is true?

　　AThe boatman a see. B the water, save the ship found its enemies, and pushed it into the water, causing the drowned. A behavior was not as a crime

　　BA County Public Security Bureau, wife B as deputy director of the county tax bureau. B in receiving bribes, but not to stop a person. A behavior that are not as a help, not to set up the crime of accepting bribes

　　CA surprise move6Year-old children into the river. A desire to rescue, B, a will not rescue, causing children drowned. Because only a rescue duty, B behavior does not constitute the crime

　　DA foundling. B home, raising a few days feel trouble, for the night will b in the vegetable market in the door, looking forward to the next morning was held to go up, but B froze. A set of crime of omission

　　52. the identification of causality, which of the following statements is true?

　　AA, B without contact, at the same time to C shot, did not have hit at the nub of hemorrhage, and by two the wound bled to death, C. The causal relationship between the behavior and C A, B's death

　　BIn the night to kill many people. B, B was forced to run on the highway was hit by a car. The causal relationship between the behavior and B in many people's death

　　CA strong woman. B on the bus, on the highway to obscene B, B was thrown clear of the car in the struggle, after the car ran over Dodge will b. The causal relationship between the behavior and B a death

　　DResidential fire. A to B, B to save the baby into the house was burnt to death. B's death by their risk-taking cause, there is no causal relationship between behavior and a fire

　　53At about criminal intention, negligence and recognize the error identification, which of the following statements is true?

　　AA, B is a circus performer, performing a precise, never a mistake. One day a show, B suddenly move the body position, the knife into the chest caused the death of a B. A behavior belongs to the accident

　　BOn the side of the road. A and B, B a dispute, a push, causing the vehicle run over by pass by. A behavior constitute intentional injury crime (lethal)

　　CMeet you downstairs. A nobody, will be home to a plank dropped, but they hide in the downstairs to play the kid B. A behavior belongs to the accident

　　DA this to use the axe to B, in fact he took a hammer crushing B. A mistake is the wrong way, according to the statutory compliance with said, should be identified as intentional homicide crime

　　54Forms of the crime. A crime, which of the following statements is true?

　　AA young girl b after the kidnapping, extortion to father. B the father pretended to whether B safety, a to B back. A failed extortion, but still set up the crime of kidnapping crime

　　BA snatch b value1Million necklace, B cling to, just grab a half necklace. A flight60Meters, to feel useless and throw away a necklace. A behavior did not succeed, the establishment of the attempted robbery

 

　　C. B to steal cars, to a borrowed car keys. B car found the key does not work, then use other tools to steal car. B is accomplished larceny, a belongs to the theft attempt

　　DA at the jewelry counter to steal a diamond ring quickly fled in panic, fell in the mall. Security to help nail the theft and its control. A failed to leave the mall, which belongs to the crime of theft attempt

　　55. about the joint crime, which of the following statements is true?

　　ABecause of his wife. B c an affair and determined to kill. A do not know, for other reasons to kill C B. After the killing of C B. A does not constitute the crime of intentional homicide instigator

　　BTo blackmail and impose exactions on intentional threats. Ethyl propylene, propylene delivery of property, knowing a midway joined B obtaining property. A form of complicity in the crime of blackmail and impose exactions on

　　C. B, C in the hardware store in front of the melee, a watch shop. B side dozen the side to buy a claw hammer to nail. A recursive hammers to B say "you wounded people had nothing to do with me". B the hammer will c seriously wounded. Sell a claw hammer is normal business behavior armor, armor does not constitute intentional injury crime

　　DTried to persuade her husband. A B (staff) for accepting bribes from C, B firmly opposed, a responsibility to accept the bribe. The indirect principal offender a crime of accepting bribes

　　56. cognizance of imaginative joinder of offenses, which of the following statements is true?

　　A. a to B buy dangerous substances, agreed4000Yuan transactions. A will have2000Yuan in cash and4J Hylo Hussein (discount cash2000Yuan) to B after receiving. A behavior set illegal sale of dangerous substances and crime of drug trafficking crime of the imaginative joinder of offenses, from a felony punishable

　　BA female, B men after breaking up, a to B for youth compensation failed, the cheat to villa, let a person look at B. A to B to call mother, claiming that if not for30Million is ready to accept corpse. A crime of false imprisonment and the kidnapping of the imaginative joinder of offenses, should take the kidnapping crime

　　CA for robbing in ethylene tea put in2Hour of anesthetics, then leave B.2Hours after a back, see B not in (B to drink the tea things, then take out after) B2Million yuan in cash. The establishment of a behavior of robbery and theft of imaginative joinder of offenses

　　DState personnel from overseas. A tissue3Million dollars, the state secrets illegally provide to the organization. A act of bribery and the crime of illegally providing state secrets to overseas the imaginative joinder of offenses

　　57Application of commutation, parole, which of the following statements is true?

　　A. in all, was not sentenced to death, such as conscientiously observes prison regulations, accepts education and reform, shows true repentance, or performs meritorious services, can be reduced

　　B. life imprisonment sentence to sentence, the computation is performed from the date of the determination

　　C. a criminal whose sentence is suspended, does not meet the "conscientiously observes prison regulations, commutation condition accepts education and reform", can not be commuted

　　D. further crime during the probation period, the probation period after the discovery, may not be revoked parole

　　58On production, sales of fake and shoddy goods crime, which of the following statements is true?

　　AA not approved to import a batch of drug sales to the hospital. Although the drug quality, a behavior still constitute the crime of manufacturing or selling fake medicine

　　BA massive use of banned pesticides in soybeans. A behavior belonging to the "incorporation of toxic, harmful non food raw materials" in the production of food, toxic, harmful food crime composition of production

　　CA pure water incorporation into industrial alcohol, fake liquor sales. A behavior does not belong to the "in the production, sale of food mixed with poisonous, harmful non food raw materials, production, sales of" was not toxic, harmful food sin

　　DA use of "drainage oil" mass production "oil" after the sale. "Because cannot pinpoint the specific toxic ingredients drainage oil", on a behavior not to production, selling poisonous, harmful food crime

　　59At about violations of human rights crimes, which of the following statements is true?

　　ADoctor B (a consent15Zhou Sui) agree, will uncle C to transplant kidneys pick out B. A behavior was not the crime of intentional injury

　　BHusband. A rejected due to the drug and lack of life skills wife B to B, death. Because the drug is illegal, B's death can only be responsible by himself, a behavior not to set up the crime of abandonment

　　CThe theft of a value. B4000Yu Yuan belongings, a report to the police station after being rejected, to the County Public Security Bureau report B robbery value4000Yu Yuan belongings. Public Security Bureau file identified B theft facts. On a behavior should not be false accusation crime

　　DAdult women with13Years old boy B sex, because sex is not obscene behavior, a behavior was not the child molestation charges

　　60Into the room to others. A theft, suddenly saw a woman cried out to sit on the bed, it don't take her things. A ignore and continue through, take a silver necklace (value400Yuan). Analysis on the case, which of the following statements is true?

　　AA did not take enough to quell the rebellion method woman obtain property, does not constitute the crime of robbery

　　BThat distinction. If the theft and robbery is the key to obtaining property or secret openly obtaining property, a behavior belonging to the seizing behavior; if a crime carrying a weapon, the nail should be the crime of robbery

　　CAs takingBOptions view, due to a crime does not carry a weapon, not the secret of stolen property, does not conform to the crime of seizing the "large amount" of the elements, not be investigated for criminal responsibility for crimes against property a

　　DSuch as think theft is not limited to steal secrets, a behavior belonging to the burglary, criminal responsibility shall be investigated according to a crime of theft

61The crime of fraud. On the understanding and recognition, which of the following statements is true?

　　AA friend B lent1Million yuan. B when the repayment not going back to you. A year later, a deliberately take a to B repayment. B knows but due to the face, and to give a1Million yuan. A is obtained1Million, but can not be identified as fraud crime

　　BAfter going abroad. B found the house deserted, they forged the property permits, the rent to C for a year, to collect the rent2Million yuan. A behavior constitutes fraud

　　CTreat (a meal1Million yuan), found no money, went to the restaurant manager that bid farewell to the guests after the payment. The manager for gospel truth, a took the opportunity to escape. No matter how to understand consciousness disposition, should with punish of crime of fraud on a behavior

　　DB flowers2Million to buy a counterfeit money, that is a blank page. Due to the purchase of counterfeit money is illegal, no fraud victims, Jia is not set up fraud

　　62A, B two village dispute due to water. A village20Villagers carrying shovels and other tools, to build water diversion facilities at the junction of the two village. B village18Villagers rushed to the, armed with sticks, a spade and a village slanging match, they threw stones at each other, Komura3People were injured. Because the police timely guide, two villagers gradually dispersed. About the case, which of the following statements is true?

　　A. the villagers for water fights, subjective elements with Affray

　　BNo general. In or to participate actively in the fight affray, a and B, two villagers were committing crime of Affray

　　CBecause police timely guide, two village not armed fight affray, belong to attempted

　　DTo throw stones to a village3Smashed into the wounded B village, should be the crime of intentional injury crime

　　63Cognizance of bribery. Related crime, which of the following statements is true?

　　AUrban Construction Bureau Chief Zhang. A known drug, to provide a hero because conditions please care project bidding, Zhang agreed. A bidder, gave Zhang50Grams of heroin. Zhang constitute the crime of bribery

　　BDeputy director of department. B people club Bureau, several B father let B will not be eligible relatives into the social security area, from relatives3Million yuan. B the parent form using influence bribery

　　CThe retired. Director Wang (public) to use its influence, let the incumbent director for help, in the factory to sell insurance products, Wang received the insurance company3Million yuan. Wang did not constitute the crime of bribery

DThe president of the court of an enterprise. Inform the manager Zhao "as to the court donation500Million office expenses, you can win the case". The successful, to the court of accounts into the unit500Million yuan. Shall be deemed to constitute the unit bribery crime court

[answer]51,BD 52,ASC  53,BCD 54,AC 55,AB 56, ABCD

 57,ABCD 58,AB 59,ABD 60,ABCD 61, BCD 62,AD 63,ABCD

Three, uncertain item choice. Each problem set has at least one correct answer options, choose, choose less wrong or not, the election did not score. This part altogether6Questions, each question2Points, a total of12Divided.

　 (a)

A one night9When driving a truck in the county's road when overtaking, retrograde into the opposite lane, hit B driving cars, B was stuck in the car can not move the car, B Neihuang Mou to die on the spot, Humou seriously injured. After investigation, B without a driving license, the slightly speeding, and did not take effective braking measures. (fact)

A hit and run. Emergency personnel5Minutes later arrived at the scene, Hu a due to injuries and was taken to hospital after death. (fact two)

The traffic police on the train B cutting, trying to rescue will b. At this time, drunken C (alcohol content in blood for152mg/100ml) and Ding their driving motorcycle "racing" through this section. (fact three)

The emergency brake, C found B car motorcycle rollover, slammed into B car front left side, was seriously injured.20Minutes later, the traffic police will be carried out when the B, found dead. We could not find out B by C before impacting has died, cannot find out B by C before impacting injury is fatal. (fact four)

Ding left the scene, find the unemployed Wang, to counterfeit the racing to the public security organs to. (fact five)

Wang no cimetidine. Meaning, but still want to Ding to the5Million yuan reward, otherwise don't promise Ding requirements, Ding had to pay. Wang Mou with the purchase of second days100Grams of heroin hidden in the home, for their own use.5Days later, by the judicial authorities arrested ding. (fact six)

　Please answer the86-91Questions.

　　86Analysis of a fact. On the following options, the error is:

　　AA driving, causing death, Huang Hu injured, constitute the crime of traffic accident

　　BA constitution of the crime of endangering public safety and traffic accident crime the imaginative joinder of offenses

　　C. a to B car personnel casualties, with the general intention

　　D. B violation of traffic regulations, with the car Huang died on the spot, Humou injured, constitute the crime of traffic accident

　　87Analysis of the two facts. On the right is, the following options:

　　A. Hu's death should be attributed to the behavior of a

　　B. Hu's death should be attributed to a escape behavior

　　CIn a traffic accident shall be applicable. "Death caused by escape" legal punishment

　　DA escape after traffic accident, such as later told police he truthfully confessed crimes, the establishment of surrender

　　88Qualitative analysis about the fact. Three, the following options are correct:

　　ADing Jun. C, committing crime of dangerous driving, which belongs to the common crime

　　B. C constitute the crime of endangering public safety, Ding constitute the crime of dangerous driving

　　C. C, Ding is a common criminal, but to C combined with fact four shall be convicted and punished for the crime of traffic accident, Ding Yingan dangerous driving crime

　　D. C, Ding failed to complete the driving behavior of predetermined, but still the crime accomplished

　　89The fact that the causal relationship. About four B death judgment, the following options is wrong:

　　ABetween the first and the second. The behavior of death, causal relationship

　　B. between the behavior and B C's death, causal relationship

　　C. between the behavior and B disposal site police death, causal relationship

　　DBetween the negligent act. B with my death, causal relationship

　　90Qualitative analysis about the fact. Five, the following options is wrong:

　　ADing to Wang Mou of perjury, obstruction of witnessing crime abettor

　　BDing constitute the crime of shielding instigator

　　CDing of abetting acts of attempted instigation, should be attempted offence shall be investigated for criminal responsibility

　　DOf Ding of prejudice to the behavior and shielding behavior should be a felony penalties

　　91About six. In the qualitative, the following options is wrong:

　　A. Wang's claim properties, constitute the crime of blackmail and impose exactions on

　　BButyl in payment for illegal reasons5Million, so Mr. Wang does not constitute the crime of fraud

　　CWang to buy drugs. The number of large, helped each other and drug trafficking, drug trafficking crime accomplice

D. Wang the drugs hidden in the home, does not constitute the crime of concealing drugs

[answer]86,BCD 87,AD 88,AD 89,ABCD 90,ABCD 91,ABC

Four, the case analysis topic (paper four second, a.22Points)

　　The case:A and Yu have a once-met acquaintance, knowing all alone. One day morning, a dagger to theft for more articles, after a period of time, not found stolen property. At this point, the sleeping more than a casual action emancipated, and mouth muttering incantations. A fear of being more than a recognized, with a dagger Yu Mou, fled to escape. (fact)

Run away, because there is blood on him, a by plainclothes police Cheng inventory. Cheng and grabbed a collar, trying to take away. A suspected robber, and a scuffle. A friend B open black car pass here, seeing this parking, and a process with a beating. Cheng says as he backs away: "you don't mess around, I was a cop." A to B say: "don't listen to him, the police beat the false." Cheng was a down fell slightly. (fact two)

The driver of a and B, Xie Mou sees beatings after driving away, on the B car chase. A let B increase speed and go "snake", in order to prevent the Xiemou overtaking. The car off2Km, B panic in the improper operation, car lost control and crashed into the middle of the road cement isolation pier. Xie a brake less hit B car seriously injured. The police came to arrest a, B. (fact three)

In a and B, after being sued, a father to make a C obtained sets, the trustee everywhere, that Ding's cousin Liu is the chief judge, then Todin will15Million yuan to liu. Ding to Liu Mousong15Million, was Liu refused. (fact four)

Ding told C do not, but only return C5Million yuan, the rest10Million for their stock. In a sentence, no matter how C, D were refused to refund the balance10Million yuan. C to court prosecution Ding guilty of embezzlement. (fact five)

The problem:

　　1The fact of a., a behavior should be how qualitative? What is the reason?

　　2. fact two, on a, B should act how qualitative? What is the reason?

　　3. three facts, a and B, whether ought to Xiemou seriously responsible for the result? What is the reason?

　　4. four facts, Ding is the introducing bribe crime? Whether constitutes the bribery crime (crime)? Whether using influence bribery? What is the reason?

5. fact five, some people think that Ding constitute the crime of embezzlement, some people think that Ding does not constitute the crime of embezzlement. Do you approve of what point of view? What is the specific reason?

[answer]

1A lethal theft, burglary, larceny should be established. If violence is not as pressing property possession against the means used, can only be considered separate conviction. In the theft process, for booty, resist arrest, destruction of evidence and the use of violence, in order to set the robbery. A not for the purpose, and therefore should not be regarded as the crime of robbery. In this case, the victim did not discover the theft, the criminals did not resist; a nor in kill the victim after obtaining property, so a behavior should be to theft and murder crimes, not on a set of robbery.

2A, B's behavior is the imaginary defense. Hypothetical anti satellite of negligent crime or accident. In this case, a and B, in the process of a clearly inform the police case, still use violence to the victim, a subjective fault. However, negligent acts only in the serious results of the occasion, to constitute a crime. A, B caused only minor injuries result, therefore, in fact two, a and B, were innocent.

　3In between the accused and victim wounded snake high-speed drive, interventional negligence victims (such as the control of speed improperly etc.). Between the injured and Xiemou B behavior, only conditions, from the normative judgment's point of view, is the Xiemou cars drive themselves on the B car rear end collision, the results should not be held responsible by the A, B.

　4． ① Ding not in C and judge Liu matchmaking between bribery facts, not to the behavior, does not constitute the crime of introducing bribe.

Entrust the Ding accept C, help C implementation of bribery, bribery accomplice (attempted).

The DINK view does not ask for or accept the property of others, not accepting property subjective meaning, not bribery crime by the influence.

5(1). Reasons: ① Ding will to take custody of property of others illegally for himself, the larger amount, refusing to return, in full compliance with the constitution of the crime of embezzlement. ② on both C10Yuan whether has the right to request the return of,10Million do not belong to the Ding property, the property belongs to the "property of others". Though the civil law does not protect the principal-agent relationship illegal, but the purpose of the criminal law is not to confirm the ownership of property crime, but against infringement of property, if not the punishment for illegal occupation of Property Preservation Act, will be a large number of occupation of money, stolen goods act innocent, this is not appropriate.

(2) does not constitute. Reasons: 110Million yuan to bribe, C without the right to request the return of, the property does not belong to C, therefore, Ding not occupy "property of others". The property in the actual control Ding, cannot be considered to have belonged to the state property, the property does not belong to the custody of property of others "". Accordingly, can not think of Ding is not occupied by property but embezzlement of state property. If identified as the crime of embezzlement, will draw the law c no right to request the return of criminal law, but that it has the right to request the return of conclusion, criminal law and civil law will come to different conclusions to the same question, the unity of law order is destroyed.