Course code: 00245

1. Multiple-choice questions (30 small questions in this big question, each small question 1 point, a total of 30 points)

Of the four options listed in each question, only one meets the requirements of the topic. Please fill in the code in brackets after the title. Wrong selection, multiple selection or no selection will not be scored.

1. Among the following statements, the one that conforms to China's criminal law theory is ().

A. without behavior, there is no crime. B. the purpose of a crime is a necessary condition for the constitution of a crime.

C. criminal means are the basic elements of the establishment of a crime. The object of crime belongs to the objective aspect of crime.

2.a failed in love, so she bears a grudge against young women. One day, A held a razor blade and cut the faces of six young women into minor injuries while others were unprepared. A's behavior belongs to ()

A. implicated offense B. imaginative joinder C. absorption offense D. continuous offense

3. The criminal sentenced to criminal detention, during the execution, to participate in labor ()

A. pay according to work.

C. No remuneration D. Pay remuneration according to labor performance

4. Farmers Jimou and Gumou bought two waste chlorine tanks and dumped the residual chlorine (liquid) in the pool outside the wall of a primary school. A month later, the pool dried up and chlorine volatilized, causing 200 pupils to be poisoned. Behavior Composition of Jimou and Gumou ()

A. Crime of negligent delivery of dangerous substances B. Crime of major environmental pollution accidents

C. Crime of endangering public health D. Crime of major liability accident

5. Hongmou planted opium poppy illegally, and responded to the government's call before harvesting, and automatically eradicated opium poppy. Yes, Hongmou ()

A. the punishment should be lighter. There should be no punishment.

C. can be exempted from punishment. D. the punishment can be mitigated.

6. The general provision of criminal law is ()

A. general principles and principles for identifying and punishing crimes

B. Elements of crime and general principles and principles of sentencing for criminals

C. General principles and principles of identifying crimes and applying penalties

D. general principles and principles of crime, criminal responsibility and punishment

7. One of the basic principles of criminal law in China is ().

A. proceed from reality and seek truth from facts. B. According to the Constitution

C. Safeguarding national sovereignty D. Legally prescribed punishment for a crime

8. A knocked B unconscious, and a passing C saw B unconscious, and took the opportunity to snatch the bag containing 5,000 yuan in cash. The behavior of A and C belongs to ()

A.b. Non-joint crime

C. Joint crime without prior collusion D. Arbitrary joint crime

9. A company absconded after stealing a huge sum of money in September 1997 and was brought to justice in April 1999. The principle of applying criminal law to A is ()

A. From the new principle B. From the new and lighter principle C. From the old principle D. From the old and lighter principle

10. The key to the difference between indirect intention and overconfident negligence is ()

A. actors have different degrees of foresight

B. The actors' foreknowledge is different.

C. the content of the actor's will to whether the result occurs is different.

D. the content of the will of the perpetrator is different.

1 1. Among the following personnel, the one who is not criminally responsible due to mental factors is ().

A mental patient who has not completely lost the ability to identify or control his behavior.

B. Intermittent mental patients

C. Deaf and dumb people

D. morbid drunkard who has completely lost his recognition ability

12. The object of commutation is ()

A. Controlled criminals

B. Criminals in criminal detention

Criminals under public surveillance, criminal detention, fixed-term imprisonment or life imprisonment.

D. Criminals with a two-year reprieve

13. The object of self-defense can be () under the following circumstances.

A. the perpetrator who was about to flee the scene after killing.

B. Actors who stalk and follow women to commit violence *

C. Actors who drive trained animals to attack others

D. Domestic animals invade other people's animal owners

14. Among the following crimes, the one that harms the national defense interests is ()

A. Crime of obstructing military personnel from performing their duties B. Crime of obstructing military personnel from performing their duties

C. Crime of causing accidents with weapons and equipment D. Crime of selling or transferring military real estate without authorization

15. A tried to kill B and put poison in B's meal. After B took the food, A regretted it, quickly explained the situation and sent B to the hospital for emergency treatment. During the rescue, the hospital found that the "poison" put in by A was not toxic at all, and B was safe and sound. A's behavior belongs to ()

A. Not constituting a crime B. Discontinuation of the crime

C. Attempted crime D. Accomplished crime

16. In the process of abducting and trafficking women, the abducted women should be ()

A the crime of abducting and selling women shall be sentenced to fixed-term imprisonment of not less than 10, life imprisonment or death.

B. Severe punishment for the crime of coercion *

C. Judging by the felony of implicated offender

D. combined punishment according to the crime of abducting and selling women and the crime of coercion.

17. The condition for establishing emergency hedging must be ()

A. Conditional escape and alarm B. Facing danger directly

C. out of necessity of self-defense

18. The subject of the crime of illegal medical practice is ()

A. medical personnel who fail to carry out medical treatment according to operating procedures B. anyone

C. People without medical qualifications D. People without medical experience

19. A man tried to kill B and poisoned the food in the canteen where B ate. A person's behavior belongs to ()

A. Imaginative joinder of offenses

C.d. aggravated offender

20. The subjective aspect of the crime of abuse of power is that the actor must be out of ()

A. deliberate overconfidence

C. negligence D. the purpose of seeking illegitimate interests

2 1. The subject of the crime of tax evasion is ()

A. Public holidays B. Taxpayer C. Withholding agent D. Taxpayer and withholding agent

22. This punishment can only be applied to ().

A. A natural person or unit that violates the criminal law and constitutes a crime

B. Illegal natural person or unit

C. A natural person or unit that violates the law and is suspected of committing a crime

A natural person or unit that violates the law and should be punished.

23. In order to defraud insurance money, a company insured its factory. After the insurance contract comes into effect, instruct others to set fire to the factory building, endangering the safety of nearby residents. For a behavior, it should be ()

A. being punished for arson. B. Being punished for insurance fraud

C. punish arson and insurance fraud. Punish the criminals involved with arson.

24. The victim, Wang (female), complained to the public security organ two years ago that Sun had bullied her. The public security organ thought that the evidence was insufficient and refused to file a case. Subsequently, Sun confessed the criminal facts of Zeng Qiang * Wang during his criminal detention for theft. The crime of coercion committed by Sun should be applied.

A. Interruption of limitation B. Non-prosecution

C. Extension of limitation D. Deciding whether to prosecute according to the attitude of pleading guilty

25. The basis for deciding the amount of fine is ()

A. the severity of the crime B. the circumstances of the crime C. the attitude after the crime D. the ability to pay

26. The key to the difference between criminal discontinuance and attempted crime lies in ().

A. the stages of occurrence are different. B. the reasons for stopping criminal behavior are different.

C. Different punishment principles D. Different criminal nature

27. The statutory punishment stipulated in China's criminal law belongs to ()

A. Absolute legal punishment

C. Relative determination of statutory punishment D. Invoking statutory punishment

28. The national of country A is in country B * one-third of our national, and the criminal law of our country is () for the national of country A.

A. Not applicable B. Applicable C. Not pursued D. Must be applied.

29. The period of control shall be counted from the date of execution of the judgment. Detention before judgment, 1 day detention is reduced to public surveillance ()

A. 1 day B.2 days C.3 days D.5 days

30. Under special circumstances, with the approval of the people's court, the restrictions of fixed-term imprisonment of more than half of the original sentence and life imprisonment 10 years can be exempted. This special situation refers to ()

A. there was a major surrender.

B. Have made significant meritorious service

C. special needs in national politics, national defense and diplomacy.

D outstanding performance in emergency rescue, disaster relief or elimination of major accidents.

Second, multiple-choice questions (there are 5 small questions in this big question, 2 points for each small question, a total of 10 points)

Of the five options listed in each question, two to five meet the requirements of the topic. Please fill in the code in the brackets after the title. Wrong selection, multiple selection, less selection or no selection do not score.

3 1. The main body of the crime of false capital contribution and withdrawing capital contribution includes (? )

A. Company promoter B. Shareholder C. Company manager

D. Directors of the Company E. Higher authorities of the Company

32. The following acts constitute theft (? )

A. sneak into the bank and steal things, but not money.

B. Burglary at home for more than 3 times in one year, but the stolen property is of little value.

C. stealing other people's communication lines for profit.

D. Stealing other people's business secrets

E. the amount of theft is relatively large.

33. The causality of criminal law is characterized by (? )

A. Objectivity B. Relativity C. Time series

D. Constraints and concreteness E. Complexity

34. The object of the crime of destroying vehicles includes (? )

A. train B. car C. tram

D. motorcycle e. boat

35. The scope of the subject of unit crime stipulated in China's criminal law includes (? )

A. Company B. Enterprise C. Institution

D.E. Social organizations and people's organizations

Third, the noun explanation question (this big question has 5 small questions, each with 3 points, totaling 15 points)

36. Blank indictment

37. Crime of medical accident

38. Crime of extorting confessions by torture

criminal responsibility

40. Purpose of crime

4. Short answer questions (there are 3 small questions in this big question, with 6 points for each small question, totaling 18 points)

4 1. Briefly describe several cases of additional application of deprivation of political rights.

42. Briefly describe the main differences between justifiable defense and emergency avoidance.

43. Briefly describe the characteristics of the crime of contract fraud.

Verb (abbreviation of verb) essay question (this question 1 1)

44. Try to explain the concept and characteristics of robbery and its difference from the crime of kidnapping for the purpose of extorting property.

VI. Case analysis questions (this topic is entitled 2 small questions, with 8 points for each small question, totaling 16 points).

45. Hu Mou (male) communicates with Mou Wei, a woman in this village. The two married after they premeditated to poison Hu's wife Li. At noon one day, Hu took the opportunity to pour "1605" pesticide into the rice pot where his wife was cooking on the fire, and then went to the yard to ask his wife to go out to work without waiting for him to eat. After the wife cooked the meal, she gave her son (8 years old) a bowl to eat. Shortly after eating, my son complained of a stomachache and was sent to the hospital for rescue and died.

Q: What kind of psychological attitude is Hu's behavior based on? What kind of criminal responsibility should I bear? Explain why.

46. Tan's two cousins stole an excavator worth 800,000 yuan from a certain place and hid it in Tan's construction site. Tan asked the two cousins to flee to other places. After seeing the notice that the owner offered a reward of 654.38 million yuan, Tan decided to return the excavator to the owner for a reward. Tan negotiated with the owner for a reward of 6.5438+0.5 million yuan. With the consent of the owner, Tan repeatedly changed the handover time and place of the excavator and was arrested by the public security organs.

Q: What crime does Tan's behavior constitute? Explain why.