1. Multiple choice questions (this big question * * 10 small questions, each small question 1 point, * * each small question1point) Only one of the four options listed in each small question meets the requirements of the topic. Please fill in the letter before the correct option in the brackets after the question.

1. In Anglo-American evidence law, the standard of proof in criminal proceedings is ().

A. the evidence is indeed sufficient. B. Probability is dominant

C. the main criminal facts have been ascertained. D. there is no reasonable doubt.

2. The most striking sign that distinguishes criminal evidence from general evidence is ().

A. Objectivity B. Relevance C. Legality D. Timeliness

3. According to the classification of material evidence, material evidence can be divided into ()

A. Macro material evidence, normal material evidence and trace material evidence B. Characteristic material evidence, attribute material evidence and state material evidence

C. Fixed material evidence, liquid material evidence and gas material evidence D. Visual material evidence, olfactory material evidence, tactile material evidence and auditory material evidence

4. Among the following persons, only () can entrust an agent ad litem to participate in the litigation.

A. Victims B. Prosecutors C. Witnesses D. Criminal defendants

5. Both Party A and Party B commit theft. During the trial, after admitting the theft, Party A revealed that Party B also committed the crime of coercion. A forcing B to expose the crime belongs to ()

A.b. Testimony of future witnesses

C. substantial witness testimony D. it belongs to both confession and testimony

6. To be legally effective, the appraisal conclusion must be ().

A. signature of appraiser and seal of appraisal institution.

C. Signature of the person in charge of the appraisal agency D. Signature of the person in charge of the specialized agency that hired the appraiser.

7. Of the following statements about the principle of directness, the correct one is ().

A. the direct principle is the oral principle.

B the essence of the principle of directness is to require direct evidence when deciding a case.

C. the principle of directness is a litigation principle clearly stipulated in China's criminal procedure law.

The direct principle is a litigation principle derived from the verbal principle.

8. According to the requirements of the people's court, it is () that should be deposited in the litigation file for permanent preservation.

A.b. Audio-visual materials in criminal cases

C. Documentary evidence in criminal cases D. All kinds of physical evidence in criminal cases

9. The task of reviewing and judging evidence is ()

A. the review and judgment of individual evidence and the comprehensive review and judgment of the evidence of the whole case

B. case-by-case review and judgement

C. comprehensive review and judgment

D. review and judgment of all evidence and key evidence.

10. Among the following statements about the burden of proof, the correct one is ().

In criminal proceedings, the witness is the subject who bears the burden of proof.

In some criminal cases, the people's court must also bear the burden of proof.

The victim of a public prosecution case in criminal proceedings does not bear the burden of proof.

D. the defendant in a criminal case does not bear the burden of proof.

Second, multiple-choice questions (this big question * * 10 small question, 2 points for each small question, ***20 points) Among the five options listed in each small question, two to five options meet the requirements of the topic. Please fill in the letter before the correct option in the brackets after the question. Multiple choices, fewer choices, and wrong choices all have no scores.

1 1. The basic rules of the evidence system of seeking truth from facts in China include ()

A it is strictly forbidden to extort confessions by torture and collect evidence by threats, enticements, deception or other illegal methods.

B. No matter what the situation is, we should attach importance to evidence, investigation and study, and don't trust confessions.

C whoever forges, conceals or destroys evidence, and whoever the evidence belongs to, must be investigated by law.

D when questioning witnesses, they should be informed that they should provide evidence and testimony truthfully, and that they will bear legal responsibility for intentionally perjury or concealing criminal evidence.

E. If the defendant cannot be found guilty due to insufficient evidence, a verdict of acquittal shall be made because the accused crime cannot be established due to insufficient evidence.

12. The following understanding of the objectivity of evidence is correct ()

A. All evidence in the lawsuit is physical objects, traces or reflection phenomena that accompany the progress of the case.

B any litigation evidence is an objective fact that is not transferred by the subjective will of the case handlers.

All the evidence is completely objective and is not influenced by anyone's subjective will.

D evidence is an independent existence independent of people's subjective will.

E. Evidence is an objective existence independent of anyone's subjective will.

13. The confessions and excuses of criminal suspects and defendants include ()

A. Turn yourself in B. Confess C.

D. Defense E. Confession

14. The litigation rights of appraisers mainly include ()

A. have the right to know the source of authentication materials.

B. have the right to accept the engagement of the parties for appraisal.

C. have the right to request sufficient materials.

D. Have the right to refuse the appraisal

E have the right to refuse to answer questions raised by the parties in court.

15. The following inquests and inspections meet the statutory conditions ().

The inquest and inspection in the investigation stage shall be presided over by the investigators.

B. When conducting an inquest or inspection, investigators must hold the certification documents of the investigation organ.

C. The public security organ can only dissect a corpse with unknown cause of death with the consent of the family of the deceased.

For victims and criminal suspects, investigators may force physical examination when they think it necessary.

E. If investigators think it is necessary, they can decide to conduct investigation and experiment on their own.

16. Of the following statements about documentary evidence, the correct one is ().

Documentary evidence is to prove the physical evidence of a case with words, symbols and graphic records.

B. Accepted evidence is oral evidence

C. documentary evidence must be expressed in written materials.

D. Documentary evidence may become direct evidence to prove the case.

E. Special documentary evidence refers to documentary evidence with special requirements for production procedures.

17. The stages of the formation process of verbal evidence include ()

A. Feeling B. Judging C. Synthesizing

D. Memory E. Retelling

18. The witness's testimony to identify the criminal and state the criminal process belongs to ()

A. Indirect evidence B. Direct evidence C. Original evidence

D. Incoming evidence E. Oral evidence

19. Among the following statements about the subject of proof in criminal proceedings, the correct one is ().

A the subjects of proof in criminal proceedings are specialized state organs and litigants.

B the subjects of proof in criminal proceedings are the parties and other participants in the proceedings.

C the subjects of proof in criminal proceedings are specialized state organs and other participants in the proceedings.

D. The subjects of criminal proceedings bear different burden of proof.

E. The subjects of criminal proceedings bear the same burden of proof.

20. The significance of legal presumption lies in ()

A. unnecessary authentication activities can be reduced.

B. it can verify the evidence.

C. it can eliminate the difficulty of proving things that cannot be proved.

It can make the parties share the burden of proof reasonably.

E. the sources of evidence materials can be expanded.

Part II Non-multiple choice questions

3. Fill in the blanks (this big question is 10 sub-question, and each sub-question is 1 minute, * * *1minute)

2 1. The relationship between criminal evidence system and criminal law is _ _ _ _ _.

22. The judgmental statements of witnesses can be divided into two categories: one is empirical judgment, and the other is _ _ _ _ judgment.

23. A criminal suspect who is detained or arrested according to law must be interrogated for the first time within _ _ _ _ hours after detention or arrest.

24. When conducting investigations and experiments, all behaviors that lead to danger, _ _ _ _ _ or immorality should be prohibited.

25. The contents of audio-visual materials are recorded and saved in _ _ _ _ _ _.

26. To expose a crime and prove a crime, the defendant's evidence should form a complete proof system, and there is no link of missing evidence, and there is no phenomenon of defendant's evidence.

27. Material evidence refers to all kinds of physical objects, traces, graphic symbols and evidence in the form of _ _ _ _ which exists objectively.

28. Indirect evidence is _ _ _ to prove the main facts of the case.

29. The fundamental purpose of establishing the principle of presumption of innocence in procedural law is to emphasize the _ _ _ _ _ of the accuser.

30. In a case of private prosecution without evidence, if the private prosecutor cannot provide supplementary evidence, the people's court shall persuade the private prosecutor to withdraw the private prosecution, or _ _ _ _ _.

Four. Noun explanation (this topic is entitled ***5 small questions, with 3 points for each small question, *** 15 points).

3 1. Legal evidence system

32. Trace material evidence

33. climbing a mountain

34. Here comes the evidence.

35. Object of proof

Five, short answer questions (this big topic ***5 small questions, each small question 5 points, ***25 points)

36. Briefly describe the problems that should be paid attention to when asking witnesses in judicial practice.

37. Briefly describe the conditions that the appraiser should have.

38. What are the characteristics of audio-visual materials?

39. Briefly describe the main methods of collecting material evidence and documentary evidence.

40. Briefly describe the principles and methods of evidence arrangement and combination.

Six, essay questions (this question ***2 small questions, each small question 10 points, ***20 points)

4 1. On the requirements of proof in different stages of criminal proceedings in China.

42. On the legality of criminal evidence.

National 200 1 1 higher education self-study exam

Reference answers to criminal evidence test questions

Course code: 00370

First, multiple-choice questions (this topic is entitled * * 10, and each question is 1 point, * * *1point)

1.D2

6.A7.D8.C9.A 10。 C

Second, multiple-choice questions (this big question * * 10 small questions, 2 points for each small question, ***20 points)

1 1.ABCDE 12。 AB 13。 ABCDE 14。 ACD 15。 ab blood type

16.ADE 17ABDE 18。 BCE 19。 AD20.ACD

3. Fill in the blanks (this big question is 10 sub-question, and each sub-question is 1 minute, * * *1minute)

2 1. bidirectional protection 22. Observation 23.24

24. insulting people 25. Message 26. Contradictions

27. Natural conditions. Inference 29. Burden of proof. The verdict was rejected.

Four. Noun explanation (this topic is entitled ***5 small questions, with 3 points for each small question, *** 15 points).

3 1. The legal evidence system is an evidence system in which the law stipulates the probative force of all kinds of evidence in advance and requires judges to examine and judge the evidence according to legal rules.

32. It refers to the tiny material evidence that can't be found by human senses, and can only be found, extracted and sent for identification with the help of scientific instruments.

33 refers to the form of confession to report and expose the criminal facts of other criminal suspects and defendants in the same case.

34 refers to second-hand or more second-hand certification materials that are not directly from the original source, but have been changed hands and copied.

35. Also known as facts to be proved, it refers to the facts that need to be proved by judicial personnel and parties in litigation.

Five, short answer questions (this big topic ***5 small questions, each small question 5 points, ***25 points)

36.( 1) The law allows witnesses to provide written testimony, but in general, witnesses should still be questioned orally and should not be asked to write testimony without asking.

(2) When questioning witnesses, we should make necessary preparations in advance to get a general understanding of whether the witnesses have certain interests with the case and the parties to the case, and whether they have doubts about testifying, so as to do a good job in ideological work in a targeted manner and make the inquiry receive the expected effect.

(3) When questioning witnesses, be kind and polite to the witnesses, and create a more relaxed environment as much as possible, so that the witnesses can relieve their concerns and make statements, and they are not allowed to reprimand or insult the witnesses. Witnesses who are unwilling to testify should be patiently persuaded and educated.

(4) When questioning witnesses, they should be allowed to state freely first, and then provide them with relevant questions according to the different circumstances of the case and ask the witnesses to explain the actual situation. We should not draw a good frame and set a good tone in advance according to the analysis and judgment of the case-handling personnel, so as to induce witnesses to "climb up the pole", let alone extort confessions from witnesses by torture.

37.① Have professional knowledge and necessary identification means;

(2) It has no interest in the case and the parties involved in the evaluation;

The appraiser must be appointed or hired by the judicial organs.

38.① It is highly accurate and realistic.

② Direct perception.

③ Dynamic continuity.

(4) Audio-visual materials are produced and used by people and may be used to create perjury.

39.① An inquest and inspection of the crime scene.

(2) Search and seizure.

③ Statutory postal inspection.

④ In-depth mass investigation.

40.① The principle is that if a criminal suspect or defendant is accused of several crimes, a complete set of evidence must be provided for each crime. In each group of evidence, the evidence materials that prove similar problems should generally be arranged together. First there is direct evidence, then there is indirect evidence.

(2) There are usually two ways to arrange and combine the evidence: one is according to the time of committing the crime, and the other is according to the severity of the crime.

Six, essay questions (this question ***2 small questions, each small question 10 points, ***20 points)

4 1.① The requirement of proof in criminal proceedings, also known as the task of proof in criminal proceedings, refers to the degree or standard to be achieved in proving the facts of a case in criminal proceedings.

(2) The proof requirements in the filing stage are: "I think there are criminal facts" and "criminal responsibility needs to be investigated".

(3) Article 6 1 of the Criminal Procedure Law stipulates seven cases of pre-detention of flagrante delicto and major suspect. As long as it can be proved that one of the seven situations exists, the public security organs can detain the active criminals and major suspects first.

(4) To arrest a criminal suspect or defendant, three conditions must be met: first, there is evidence to prove that there is a criminal fact; Second, it can be sentenced to more than fixed-term imprisonment; Third, it is necessary to take measures such as bail pending trial and residential surveillance to arrest criminal suspects and defendants, which is not enough to prevent social danger. As long as the above three conditions are met, the proof requirements for arrest are met.

⑤ At the end of investigation, the requirements of "clear criminal facts and reliable and sufficient evidence" must be met.

⑥ Evidence requirements for public prosecution: All the criminal facts of this case must be ascertained and sufficient evidence must be obtained before the defendant can be formally accused and appear in court to support public prosecution.

⑦ Proof requirements of the law for the trial stage: In order to convict the defendant, all the facts of the case must be checked and proved clearly, and all the matters identified in the judgment must be proved with reliable and sufficient evidence. All criminal evidence must be publicly presented and cross-examined in court. Only by verifying the facts and proving that the case is conclusive can a legal and well-founded judgment be made.

42. First, the basic meaning of the legality of evidence

Criminal evidence must be facts collected by judicial organs or parties or defenders in accordance with legal procedures. On the contrary, materials collected by illegal means, even objective facts, are difficult to become effective evidence in criminal proceedings.

Second, the main reasons why criminal evidence should be legal

1. Theoretical basis

(1) is determined by the particularity of criminal procedure itself;

(2) As evidence in litigation, objectivity and relevance are not enough. It has only "evidential ability", and must also comply with the provisions of the law and have the necessary "norms".

2. Legal basis

Generally, the procedural laws of various countries make clear provisions on what materials can be used as litigation evidence and what cannot be used as litigation evidence. China's criminal procedure law has made some provisions on the form, collection, examination and judgment of evidence.

3. The factual basis

In judicial practice, generally speaking, any evidence that does not conform to the statutory form cannot become litigation evidence.

Thirdly, it is of practical significance to insist that criminal evidence must have legitimacy.

It can prevent illegal evidence collection and ensure the quality of handling cases. ?