Exam object: 20 1 1 undergraduates.

Scope of investigation: the first three chapters of the specific provisions of criminal law

Examination time: three hours.

Presenter: Che Hao

Note: the fourth paragraph: the part from "not long after the event" to "unhappy" is the draft version, and it will be the official version after deletion.

(1) Case: What do you want in life?

A city traffic police wedding is approaching, and promotion is imminent. He will go abroad with the leader on June 8, 2000, and all the formalities for going abroad have been completed. He will marry his girlfriend when he comes back. On the day before departure (June 7th), at noon, Party A went to attend a friend's wedding banquet. Because of driving, he refused to drink during the dinner, which made Zhang San at the same table dissatisfied. So he took advantage of his surprise and mixed a lot of white wine into his drink. After drinking, Party A didn't realize it, but he didn't care about Zhang San because he was in a good mood. On the way home, A found that the wine was strong and his head was a little dizzy, but he didn't care. He walked on, and pedestrian A was knocked down at the corner. Although there was no harm, A broke out in a cold sweat. Hurriedly parked the car on the side of the road, took out the alcohol tester, and found that the alcohol content in the blood had reached 85mg/ 100ml, so I bought a few bottles of mineral water and drank it fiercely, and then re-tested the content with the cold water punch in the roadside bathroom, and then drove on the road when it dropped to 70mg/ 100ml. However, the strength of wine still exists. At the next intersection, he failed to step on the brakes and ran a red light, causing pedestrian B to be seriously injured and dying. A was shocked and took B to the hospital in a hurry, but at the hospital gate, A was worried that he would be held accountable for revealing his identity in the future, so he put B at the hospital gate, hoping to be discovered by others and sent to the hospital for treatment, and then left. An hour later, B was sent to the first aid by the medical staff, but failed to save his life (judging from B's situation at that time, even if the rescue time was not delayed, it would not necessarily save his life).

After leaving the hospital, A was in a trance, and as a result, he rear-ended the car in front of him, leading to the death of driver C. On the way to send C to the hospital, A became more and more depressed. He feels that everyone he meets today is in debt. In a rage, he turned around and drove to a quiet place, threw C out of the car and left (C died without treatment). A drove back to the underground parking lot of his community, thinking about all the changes that happened on this day, and felt sad from it. He felt that his life was ruined and fell asleep crying on the steering wheel. When I woke up in the morning, A felt very sad. Since nature has tricked people, I have to make a fresh start. A took his passport and all his savings and prepared to go abroad with the group to escape. Before leaving, Party A decided to completely release his emotions, so he stepped on the gas pedal and ran amok in the underground parking lot, knocking over three cars on the spot. A private car owner, D, was knocked down by Party A as soon as he got off the bus (he was diagnosed with a severe concussion afterwards). A completely ignored it and left at high speed.

After a unit leader went to country B and city C, he immediately fled, changed his name and surname, and retired to do various businesses in city C. In a blink of an eye, five years later, A formed a climate in C city, during which he paid bribes to the public security bureau chief of C city and gradually became a black and white "big boss". But because I miss my fiancee E, I have never been married, and I am afraid of implicating E, so I haven't been in touch. In 2005, A finally missed him, so he sent someone back to China to inquire about the old feelings. But I learned that his fiancee E had already dated Zhang San and married Zhang San three months after going abroad in 2000a. Now she is a mother. A hates from love, and has the intention of revenge, and decides to design and kill E's family. Jia Ling's men found out Zhang San's living habits and commuting time, and learned that Zhang San never leaves his hand and arrives home at 6 o'clock every day. After 4 pm, E usually sleeps with child F until Zhang San comes back. On June 8, 2005, Wu Wang, a subordinate of Party A ordered by Country B, sneaked into E's house one hour before Zhang San got off work, released gas, sealed the doors and windows and left. At 6 o'clock, E and F were in a deep coma due to gas poisoning. At this time, Zhang San opened the door with a cigarette in his mouth, and Mars detonated the gas, causing E, Zhang San and the child F to all die. At the same time, the explosion also affected E's neighbor G's house, causing G to be seriously injured.

Soon after, Party A ran into Li Si, a former close friend of Party A and E. From Li Si's mouth, I learned that E was pregnant before Party A went abroad that year, and was told to give Party A a surprise after returning home. Unexpectedly, Party A never came back, and there was no news of it. E's belly was getting bigger and bigger. In order to hide his eyes and ears, he had to accept Zhang San's proposal of marriage, and later gave birth to F, really his own flesh and blood. And E has missed A for many years, and he is not happy with Zhang Sansheng. After learning the truth, A felt remorse. After suffering, he was disheartened and felt that life was meaningless. He took all the registered capital of the newly established group company, donated most of it to charity, and brought the remaining 30 million back to China. After returning to China, A became a monk and lived in seclusion in a temple. Five years later, Jia has become the abbot of the temple. On June 8, 20 10, many boarding schools collapsed in the province where the temple was located due to the once-in-a-century earthquake. A Sui donated more than 30 million yuan to set up primary schools 10. Due to the huge amount of donations and special status, people from all walks of life are concerned or even suspicious. After investigation, the police found out the true identity of A, and found that A accepted the paintings and calligraphy of the young monk H (rich second generation) with a total value of 50,000 yuan during his tenure as the abbot of the temple, and recommended him to other big temples for further study or Buddhist research institutes. Questioning a's criminal responsibility.

(2) the main points of the answer

1. drunk driving and scratching others' behavior

(1) constitutive requirements: dangerous driving crime

(2) Theoretical test site: This crime was stipulated in the Criminal Law Amendment (VIII) of 20 1 1. The case occurred in 2000 and involved the principle of combining leniency with severity.

(3) Inspection difficulty: ★☆☆☆

(4) Answer: (This part was compiled and written by three teaching assistants, Zou Bingjian, Li Bo and Chen Tao) scored very high. Most students answered the crime of dangerous driving. However, some students missed this point, and a few students analyzed this behavior together with the behavior of hitting B behind them, thinking that it constituted a traffic accident crime. Perhaps because this is the first point, the students generally analyzed it in detail, and even many students specifically analyzed why it did not constitute the crime of causing traffic accidents and endangering public safety in a dangerous way, which wasted a lot of time. When citing the law to analyze the crime of dangerous driving, many students copied it truthfully, saying that "if the acts mentioned in the preceding paragraph constitute other crimes, they will be convicted and punished in accordance with the provisions of heavier punishment", indicating that they are not familiar with the legal content.

2. the escape behavior of a after hitting b with a car.

(1) constitutive requirements: traffic accident crime (and its judicial interpretation)

(2) Theoretical test sites: First, whether leaving the victim in front of the hospital constitutes an "escape". It involves the interpretation of the obligation of assistance and "evading legal investigation"; Second, if the victim may die even if he is treated in time, the death result can be blamed on A, which involves the theory of possibility of avoiding the result, light suspicion and rising risk.

(3) Inspection difficulty: ★★★☆☆

(4) Answer: (This part was compiled and written by three teaching assistants, Zou Bingjian, Li Bo and Chen Tao) scored very high. Most students analyze whether it constitutes a traffic accident crime-whether it belongs to "escape"-whether it belongs to "escape causing death", which shows that everyone has a good grasp of the traffic accident crime. When analyzing whether it constitutes a traffic accident crime, most students see the actual result of the victim's serious injury, while only a few students pay attention to the second provision of the judicial interpretation that drunk driving can constitute a traffic accident crime. Few students mentioned the judicial explanation that the escape of traffic accident crime should be based on the premise that the behavior before escape constitutes traffic accident crime. When analyzing whether it constitutes escape, everyone's arguments are in place. Many students listed the different understandings of escape in academic circles, and especially emphasized Mr. Che's views on this issue. There are still many students (who should be active in the teaching network) who saw the teacher's point of view on the teaching network and directly analyzed it with the theory of "hit-and-run crime". When analyzing whether the death result can be attributed to A's escape, almost all the students who noticed this problem gave a negative conclusion. Most students analyzed from the point of view that causality is not established, and a few students mentioned criminal law concepts such as "undoubtedly" and "beneficial to the defendant". In addition, a few students confuse "escape" with "escape causes death" and think that "the victim's death result cannot be attributed to escape, so it does not belong to escape".

3. The act of taking Party A away from the scene of the accident and harming Party C's abandonment.

(1) Constitutive elements: traffic accident crime (and its judicial interpretation) and intentional homicide.

(2) Theoretical test center: Abandoning the victim after taking him away from the scene, and the guarantor status caused by his pre-dangerous behavior constitutes manslaughter. Involving the status of the guarantor and the source of the debt; Investigate the sixth article of judicial interpretation.

(3) Inspection difficulty: ★☆☆☆

(4) Answer: (This part was compiled and written by three teaching assistants, Zou Bingjian, Li Bo and Chen Tao) scored well. Many students think that it constitutes the crime of intentional homicide, but only a few directly cite Article 6 of the judicial interpretation, and most of them demonstrate from the perspective of inaction, indicating that students are not skilled in judicial interpretation. A considerable number of students regard "the act of taking away from the scene and abandoning it" as "escape", thus thinking that the perpetrator belongs to traffic accident and escape, causing death. In addition, many students think that the crime of traffic accident and intentional homicide constitute imaginative joinder of crimes or combined punishment of several crimes.

4.a's rampage in the underground parking lot destroyed money and hurt people.

(1) constitutive requirements: the crime of endangering public security by dangerous means.

(2) Theoretical test site: identification of dangerous methods and public safety; The distinction between this crime and the crime of intentional injury and intentional destruction of property.

(3) Inspection difficulty: ★☆☆☆

(4) Answer: (This part was compiled and written by three teaching assistants, Zou Bingjian, Li Bo and Chen Tao) scored very high. The vast majority of students believe that it constitutes a crime of endangering public safety in a dangerous way. Among them, a few students discussed whether "severe concussion" is a serious injury, and decided to apply 1 14 or 1 15 1. Some students think that driving can't knock over three cars at a time, which is not in line with "the risk of endangering the lives and property of unspecified majority or major public and private property", so they deny that it constitutes a crime of endangering public safety by dangerous means. A few students interpret "underground parking lot" as "road", so that A's behavior is regarded as the crime of chasing racing. There are also a few students who think that it constitutes the crime of intentional destruction of property (for three cars) and the crime of intentional injury (for D), and several crimes are punished together. Some students think that it constitutes a crime of destroying transportation.

5.a absconding after going abroad for inspection.

(1) constitutive requirements: treason.

(2) theoretical test site: the identity of the national staff of the traffic police; Whether going abroad for inspection belongs to "performing official duties"

(3) Inspection difficulty: ★☆☆☆

(4) Answer: (This part was compiled and written by three teaching assistants, Zou Bingjian, Li Bo and Chen Tao) scored very high. Most students think that this constitutes treason. Some students analyzed that they should not have mastered state secrets, so they should not belong to "serious circumstances". A few students think that A does not belong to "the period of performing official duties", and some students think that it constitutes the crime of desertion.

6. Party A bribed the police chiefs of country B and city C..

(1) Component: Bribery of foreign public officials.

(2) Theoretical test sites: 1. Do the public security chiefs in country B and city C belong to "staff of other units" in article 164, or "foreign public officials" in article 1 64, paragraph 2? Secondly, according to the fact that this crime is under the crime of disrupting the order of socialist market economy, should the "illegitimate commercial interests" required by the crime of bribing foreign public officials be interpreted as interests only related to China's commercial order? Bribing public officials of other countries (even enemy countries) that have nothing to do with China's commercial order is "undermining the order of the socialist market economy"? Thirdly, it involves Article 7 of the Criminal Law and the principle of jurisdiction over crimes committed by citizens abroad.

(3) Inspection difficulty: ★☆☆

(4) Answer: (This part was compiled and written by three teaching assistants, Zou Bingjian, Li Bo and Chen Tao) scored well. A considerable number of students think that it constitutes a crime of bribery of foreign public officials, and some students think that it constitutes a crime of bribery. In addition, some students believe that the crime of accepting bribes protects the irredeemability of the duty behavior of state functionaries in China, while the police chief of C City is not a state functionary in China and has not infringed the corresponding legal interests, so it does not constitute the crime of accepting bribes. Some students think that the public security bureau chief of C City is not a national staff member of our country, which constitutes the crime of bribing non-national staff members.

7. Wang Wu, instructed by Party B, released gas in Room E, causing E and F to be in coma.

(1) Elements: homicide and explosion.

(2) Theoretical test sites: First, although according to the criminal plan, the poisonous gas is released for later explosion, but the act itself has the possibility of causing death. For this, both Party A and Wang Wu should know the danger of the act. In fact, e and child f are also in a deep coma and are on the verge of death, but there is no death result at this stage; Second, the act of releasing gas should belong to the preparation of explosion crime; Of course, it is also possible to punish several crimes together or to punish the implicated offender severely. Third, the joint crime of A and Wu Wang. Fourth, (the plot in the draft version was deleted in the later official version) A mistakenly thought that F was the child of E and Zhang San, but it was actually his own flesh and blood. Is this mistake important in criminal law?

(3) Inspection difficulty: ★☆☆☆

(4) Answer: (This part was compiled and written by three teaching assistants, Zou Bingjian, Li Bo and Chen Tao) The score was poor. Some students think that it constitutes a crime of throwing dangerous substances. No one noticed that the act of releasing gas to make E and his children unconscious constituted the crime of intentional homicide.

8. Zhang San's act of detonating gas killed himself and E, F and G.

(1) constitutive requirements: explosion crime

(2) Theoretical test site: The indirect principal offender of the explosion crime is composed of the unknown behavior of others. Zhang San became a criminal tool to be used here; Joint crime with Wu Wang; (The plot in the draft version was deleted in the later official version) A mistakenly thought that F was the child of E and Zhang San, but it was actually his own flesh and blood. Is this mistake important in criminal law?

(3) Inspection difficulty: ★★★☆☆

(4) Answer: (This part was compiled and written by three teaching assistants, Zou Bingjian, Li Bo and Chen Tao) scored well. Most students answered the crime of explosion. There are also a few students who think that it constitutes a crime of endangering public safety in a dangerous way. There are also some students who think that the crime of intentional homicide against E's family constitutes the crime of explosion against G, and several crimes are combined. A considerable number of students noticed that A and his subordinate Wu Wang constituted a joint crime and thought that A was the principal offender. Only a few students have noticed that using Zhang San's habit of smoking a cigarette constitutes an indirect principal offender.

9. Party A withdraws the registered capital of the company above 80 million yuan.

(1) constitutive requirements: crime of evading capital contribution.

(2) Theoretical test site: the crime of withdrawing capital contribution belongs to the crime of disrupting the order of socialist market economy. Does Party A violate the similar legal interests of this crime by withdrawing the registered capital of Company B? If it is considered to constitute this crime, it involves Article 7 of the Criminal Law, the principle of jurisdiction over crimes committed by citizens abroad.

(3) Inspection difficulty: ★☆☆

(4) Answer: (This part was compiled and written by three teaching assistants, Zou Bingjian, Li Bo and Chen Tao) scored well. Most students have noticed Party A's behavior of withdrawing capital contribution, but apart from some students who think it constitutes the crime of withdrawing capital contribution, quite a few students think that Chapter III of the Specific Provisions of the Criminal Law stipulates the crime of withdrawing capital contribution, whose legal benefit is to protect the order of the socialist market economy, while Party B's behavior of withdrawing capital contribution will not destroy the order of the socialist market economy, and even benefit China's social and economic development, so it is not appropriate to think that it constitutes the crime of withdrawing capital contribution. Then, some students think that whether A constitutes the crime of withdrawing capital contribution depends on where the company is registered, and it is not in China or China. Many students wrote "the crime of false capital contribution and withdrawal of capital contribution" when writing charges.

10.a accepts calligraphy and painting presented by little monk H.

(1) constitutive requirements: non-state staff accepting bribes.

(2) Theoretical test sites: 1. Are temples state organs or "other units"? According to this, does the abbot of the temple belong to the state staff or non-state staff? Second, the crime of accepting bribes by non-state staff is a crime of "disturbing the order of the socialist market economy". Since the monk jumped out of the three realms, the temple should not be among the five elements. Then, will the temple abbot's behavior of accepting property destroy the socialist market economic order?

Third, this crime requires a causal relationship between accepting bribes and seeking benefits. However, the title is "Recommend the young monk to study in other big temples or Buddhist colleges", not "Recommend the young monk to study in other big temples or Buddhist colleges". Therefore, the title itself does not provide the information that A introduced the young monk's practice because of or for taking bribes. In this regard, it is worth looking forward to the analysis that, on the one hand, the motive of bribery crime is, after all, greed for property and interests, which desecrates the integrity of the post. Therefore, if the causal consideration relationship cannot be proved, even if the actor seeks benefits for the other party, it cannot be considered as the crime of accepting bribes. On the other hand, throughout A's life, he saw through the world of mortals after ups and downs and donated more than 80 million yuan. Will he introduce others because he is greedy for 50 thousand yuan? In the eyes of monks, especially monks like Jia, can property worth 50,000 yuan be measured according to secular standards? For A, is there a difference between the calligraphy and painting that the young monk gave himself worth 50,000 yuan and the Diamond Sutra that he wrote by himself?

Fourth, related to the above causal consideration, there should be specific entrustment matters in bribery crimes. Did the young monk make a specific request and recommend him to go to other monasteries for further study or Buddhist research institutes? The title gives no information. Furthermore, even if the young monk made a request, was the request recognized as a specific request or a concern in communication? After all, no matter where you are, the willingness to study and further your studies is worth encouraging. )

(3) Investigation difficulty: ★★★★☆ (Respondents here need to look at the whole question and A's life, consider the systematic position of specific charges, and take into account the differences between human nature and monks and secular standards, which is the most demanding and difficult).

(4) Answer: (This part was compiled and written by three teaching assistants, Zou Bingjian, Li Bo and Chen Tao) The score was average. Most people think that it constitutes a crime of accepting bribes by non-state staff. On the one hand, quite a few students think that A's bribery belongs to the bribery of non-state workers, but because this crime protects the socialist market economic order, and accepting bribes from young monks and arranging them for further study will not destroy the socialist market economic order, it should be denied that it constitutes this crime. A few students think that temples belong to state organs, so A's bribery should be punished as bribery. Even, some students analyzed that after accepting calligraphy and painting, A should be used for temple binding, so it should constitute the crime of accepting bribes by the unit. There are also a few students who analyzed that considering that A donated all 30 million yuan before, it is hard to think that he would take bribes for paintings and calligraphy worth only 50,000 yuan, unless he was too poor because he donated all 30 million yuan. In addition, a few students think that the gift of calligraphy and painting by the young monk is an emotional investment, and the recommendation for further study is not entrusted, which does not constitute the crime of accepting bribes (non-state staff).

1 1. Jurisdiction, limitation of action and others.

(1) Constitutive elements: Many constitutive elements involve jurisdiction and statute of limitations, while individual constitutive elements involve meritorious service (donation to charity, running a school) and age of criminal responsibility (traffic police status, marriage).

(2) Theoretical test sites: Articles 6, 7, 17, 68, 87, 88, 89 and 89 of the Criminal Law.

(3) Inspection difficulty: ★☆☆☆

(4) Answer: (This part was compiled and written by three teaching assistants, Zou Bingjian, Li Bo and Chen Tao) The score was average. Only a few students pay attention to jurisdiction, and even fewer students pay attention to prescription. Many students spend a lot of time calculating the legal punishment for combined punishment of several crimes, and most students advocate the death penalty (some advocate immediate execution, while others think that the execution should be suspended). Some students think that A's donation of 30 million yuan belongs to meritorious service, while others express the opposite view. Some students infer from the fact that A is about to get married and the identity of the traffic police that A should be a person with full criminal responsibility.

Please adopt it, thank you!