1 with the assault, several people hand beat the victim, one of them with a stick hit the victim's head to seriously, the forensic identification, injured line stick hit, in this case, criminal liability other involvement in the beating of behavior person should be on the injured results?
Answer: with the intent to injury behavior of people to the scene, their behavior is common practice, the criminal responsibility, in accordance with the common principal offender treatment "part of the implementation of full responsibility" principle, everyone should be responsible for the death of all the people, the sentencing benchmark should be 10 years the above. Can't use sticks to the seriously injured and separated from the others in the evaluation of the liability, in the common crime behavior is mutually, therefore, are jointly responsible for the results of activities. Otherwise, is to look at as a separate crime accomplice.
   Of course, the other in the assault, but did not directly cause the victim's death, in the last sentence can be treated differently, for example, can consider to quote accessory regulations mitigated punishment.

2 in the fraud cases, the defendant after the time to return the money cheat cheat him last time, how to calculate the amount? Some problems of the 1996 "the Supreme People's Court on the trial of cases of fraud on the specific application of law interpretation" Ninth stipulates: for many times for fraud, and later returned to the previous property fraud deception, in the calculation of the amount of fraud, should be returned before the amount deducted, according to the actual amount that did not return, the sentence can be the deception of the amount as aggravating circumstances into consideration. Whether the provisions of the victims include different victim? The judicial interpretation of criminal law revised after the implementation of new, still valid?  

 Answer: fraud victim are the same person or different people, is not important. The key to see law against the crime of fraud is manifested in what areas. The crime of fraud against the interests of the law mainly displays in the violation of property rights, any person of possession, all are protected by law, therefore, the victim are the same person, or a different one, are on the fraud crime has no effect.
    For many fraud, and later returned to the previous property fraud deception, in the calculation of the amount of fraud, should be returned before the amount deducted, according to the actual amount that did not return, to determine the final conviction and sentencing, which is consistent with the need of practice. Because do not have too big change the rules in the common fraud crime of new criminal law, so some problems of the 1996 "the Supreme People's Court on the fraud case concrete application law interpretation of the new criminal law" after the implementation, can be used.

3 the act does not constitute a crime, the administrative measures taken by the judicial organ, truthfully declared in a confession before the same behavior, and constitutes a crime, whether it should be identified as surrender?
Answer: my personal view is to consider the establishment of to surrender. The voluntary surrender, the confession of his crime, is the establishment of surrender conditions. Now, the judicial interpretation of the voluntary surrender has been expanding interpretation, the main emphasis is whether the behavior person arrested, because there are generally illegal suspects, rather than a crime suspicion of lien and interrogation, belong to the non compulsory measure is taken, in this case confession crime situation, still accord with characteristics of voluntarily surrender, can be identified as surrender.
 
 Installation and repair 4 a bank credit card department staff responsible for the Z POS machine, to accept a limited liability corporation's request, help with loans. Z found previously in the banking system had asked L L, and the banks of a local branch director X know, he told X. After the X in accordance with normal procedures reported to the branch, the branch credit department personnel were investigated, meanwhile, the company provides the loan approval material false to the bank, but the bank did not review, the committee be lending 30000000 yuan loan review. To apply for a loan to the lender for the period Z to advantage fee according to a certain proportion of the loan, the lender agrees. At the same time, Z and X by L was introduced, and once said to X are many friends help, also mentioned the things into Z, L, X three personal benefits. The loan approval down, Z took 820000 yuan from the lender.
(1) in the case of Z behavior constitutes the crime of mediatory bribe?
(2) convenience state personnel who take advantage of their power or position of the other countries, the working staff's act, to seek illegitimate interests as trustees of property as trustees, ask for or accept property as trustees, shall be punished for taking a bribe. Understanding degree, other national staff here is using people and behavior between the familiarity, and whether there are factors of middlemen, whether should affect the cases identified?
  Answer: the key issue in this case is Z Is it right? National staff. He is a man in the middle, he was shuttled back and forth between the trustees and executors, whether the restriction and influence on people's authority, if there is no effect, this does not constitute the crime of bribery; if there is an impact on others, then constitute this crime. The mediation bribe interpretation can be expanded to explain. The place that serves as a middleman for national staff to use my authority and the "effect", but not necessarily requires the mediator has to restrict the power of others.
    In this case, and people may think that the defendants suspected of bribery crime, but in practice by introducing bribery rarely, as long as the staff of state organs, have a certain impact on the behavior of others, then please accept the trustee's property, it can be identified as the mediation bribe.
  

5 execution of punishment that leaks the crime process, when a judgment is pronounced before the completion of the execution of punishment of crime, whether or not?
 Answer: leaks the crime is found in the course of implementation, should be first and then decreases in accordance with the provisions of article seventieth of the criminal law to punish. Find leaks the crime situation and new crime after all different, leaks the crime he had committed, when executing penalty punishment after all is in "turn old account", rather than new crime punishment lighter.
 
6 will be validated by a national cotton varieties, with a without authorized, their compilation name foreign sales, can be identified as false seed? On the losses caused by the victim, whether to file an incidental civil action?
 Answer: for the behavior, will be fraud may be relatively suitable. Of course, if consider the country for approval of the fact of cotton varieties, behavior and the implementation of the illegal acts in violation of the provisions of the state, seems to be established for fraud and the crime of illegal business competition. On the losses caused by, the victim may file an incidental civil action.
 
7 "Sul goods" (to buy the goods after payment) trading habits is becoming more and more widely, actor rob Peter to pay Paul, and in order to delay payment time use fake cheque, lip-service, in order to even sold at the price lower than the 10% raise cash, but the payment and payment settlement for plugging holes in arrears. In such cases the knowing no repayment ability still prick goods and selling at a loss and that it has a subjective intent of illegal possession? If that constitute a crime, should be identified all the default of payment or just identified using a false instrument and lip-service part, that is will be identified as acts of crime of contract fraud or identified part constitutes the bills defraud crime?
 Answer: fraud should be subjective illegal occupied purpose, the subjective content is often difficult to determine, in times of doubt to be in favor of the defendant to consider, in the judicial practice, so it is difficult to determine the fraud.
     If the evidence is sufficient, enough to identified as fraud, the theory should be deceived property on the whole as the amount of crime, not only the default part identified as fraud; in addition, generally use the fake or lip-service, identified as fraud and general fraud are not the problem.
    This case is not criminal law issues involved, but evidence. The subjective knowing that need to reach a certain degree, speaking abstractly than overconfident negligence than high, direct intention to low. In theory, how the degree of intentional crime behavior of human understanding of the behavior result, need to combine evidence strict judgment.
  
 8 article 213rd of the criminal law, the 215th to the 218 provisions. The "amount of illicit income" as one of the constitutive elements of crime. But how to determine how to calculate the illegal income and illegal income, the criminal law does not specify, the judicial interpretation even appeared contradictory situation.
    At present, the theory that the amount of illicit income difference also exists. The viewpoint thinks, illegal income refers to the income of illegal production, operating margin, less legitimate transportation fees, custodial fees, travel and other direct costs, have pay less tax, the remaining part is illegal income, therefore, if the amount of illegal income is deducted from the balance, cost, tax expenditure the. At the same time, some scholars have pointed out that the illegal income of intellectual property crimes in the calculation of the amount of time, should not lose human behavior crime and pay the various inputs. Therefore, how to define the amount of illicit income, there is no uniform definition and standards.
    In practice, to determine the amount of illicit income there is evidence of natural shortage, investigate its reason, is that criminal suspects in the crime suspect, few detailed crime input, output accounting records, so the investigation organ cannot be seized the suspect's crime cost, income, unable to find out the amount of illicit income, so can not be based on the amount of illegal gains the conviction and sentencing.
 Answer: article 213rd of the criminal law, article 215th as serious as the standard of conviction, rather than to the illegal income amount as conviction standards (217th, 218th is to convict). The illegal income infringement of intellectual property crime and illegal business amount is different, the illegal business amount is the total number, the illegal income is tax, after deducting costs and various fees, the actual amount is obtained.
     In practice, that the illegal income is difficult, the defendant if the burden of their illegal amount is very small, it should provide true information to the court. In fact, the legislation of the illegal income to conviction and sentencing has some problems, illegal sales amount just finally sell how much money, if a criminal offense, what time should consider the number of inputs, but also from many, will cause the Judicial Dilemma, this should change. Because of the nature of crime in the performance of its damage to the interests of law, social harmfulness of illegal business amount is intellectual property crime, the social harmfulness behavior is relatively clear, the accused to consider how much has been invested, but also from many, contrary to general theory and criminal law.