1. multiple choice questions

1. which of the following options can be the subject of the crime of illegally depriving citizens of their freedom of religious belief?

A. Secretary of the township government office

B. President of the university

C. Host of TV station

D. Manager of state-owned company

Answer A

Analysis: The crime of illegally depriving citizens of their freedom of religious belief refers to a serious act in which state functionaries illegally deprive citizens of their freedom of religious belief.

2. Lu, a mechanic of an airport, was dissatisfied with the airport leaders. When he was carrying out mechanical maintenance for a Boeing 747 waiting for a mission, he deliberately damaged the engine device of the aircraft. But it happened that the plane was not put into operation this time. Before the next day's operation, Chen Mou, a mechanic, found the fault during the maintenance of the aircraft and eliminated it in time. How to identify Lu's behavior?

a. Attempted crime of intentionally destroying public or private property

b. Attempted crime of destroying public or private property

c. Accomplished crime of intentionally destroying public or private property

d. Accomplished crime of destroying public or private property

Answer D

Analysis: A dangerous crime is accomplished if it is enough to cause a legal dangerous state.

3. which of the following criminal acts is not limited to the staff of state organs?

A. Crime of dereliction of duty

B. Crime of helping crime is divided into crime of evading punishment

C. Crime of damaging and losing precious cultural relics due to dereliction of duty

D. Crime of intentionally revealing state secrets

Answer: D

Analysis; See articles 397, 398, 417 and 419 of the Criminal Law.

4. For the purpose of making profits, the actor intends to transport others across the country (border) illegally. However, due to the poor means of transportation, many people were seriously injured and died. How to identify this behavior?

a. the serious circumstances of the crime of transporting others to cross the border illegally

b. the crime of transporting others to cross the border illegally is combined with the crime of causing death and serious injury through negligence

c. the crime of transporting others to cross the border illegally is combined with the crime of causing death through negligence, and the crime of causing serious injury through negligence is punished as a felony

d. the crime of causing death through negligence is combined with the crime of causing serious injury through negligence.

5. In the process of excavating ancient tombs, the actor Gao caused serious damage to a large number of precious cultural relics. How to identify Gao's behavior?

A. Serious circumstances of the crime of excavating ancient tombs

B. Crime of intentionally destroying precious cultural relics

C. Combined punishment of the crime of excavating ancient tombs and the crime of intentionally destroying precious cultural relics

D. Choose a felony punishment between the crime of excavating ancient tombs and the crime of intentionally destroying precious cultural relics

Answer: A

Analysis: Whoever excavates ancient tombs and steals precious cultural relics or causes serious damage to precious cultural relics belongs to See article 328 of the Criminal Code.

6. after committing robbery, the perpetrator killed the victim for the purpose of silence. how to identify the perpetrator's behavior?

a. aggravating circumstances of robbery

b. robbery

c. combined punishment of robbery and intentional homicide

d. intentional homicide

answer: C

analysis: one crime and several crimes in robbery, if violence or other methods are used in robbery, resulting in the death of the victim, it can only be punished as robbery; If the perpetrator kills the victim to silence after robbing the property, he should be punished with both robbery and intentional homicide. If the perpetrator finds that the deceased has property and steals it in a large amount after killing, he should be punished for the crime of intentional homicide and theft. If the amount is small, he should still be regarded as intentional homicide.

7. The individual small coal mine run by Huang in a city started coal mining only after the coal mining tunnel was opened. After inspection, the competent department found that the coal mine only had an air outlet and no air outlet, and informed it in writing to suspend business for rectification. Huang delayed to continue mining, and finally nine miners died due to the high gas concentration. What kind of crime does Huang's behavior constitute?

A. Crime of major accidents

B. Crime of major accidents in engineering

C. Crime of major accidents in labor safety

D. Crime of negligent explosion

Answer: C

Analysis: Crime of major accidents in labor safety refers to the fact that the labor safety facilities of factories, mines, forest farms, construction enterprises or other enterprises and institutions do not meet the national regulations.

8. which of the following crimes constitutes the act of being killed by the person involved because of violent interference with the freedom of marriage?

A. Crime of violent interference with freedom of marriage

B. Crime of intentional homicide

C. Aggravated crime of violent interference with freedom of marriage

D. Crime of violent interference with freedom of marriage and crime of intentional homicide

Answer: B

Analysis: The intention and behavior of homicide have gone beyond the scope of violent interference with freedom of marriage, and there is no consistent description of violent interference, so the crime of intentional homicide should be defined.

9. Lin, a confidential officer of a state organ, took advantage of his position to provide a large number of state secrets he knew and mastered to reactionary organizations abroad in top secret. How to identify this behavior?

a. crime of intentionally revealing state secrets

b. crime of illegally providing state secrets and intelligence abroad

c. crime of intentionally revealing state secrets and crime of illegally providing state secrets and intelligence abroad

d. crime of illegally obtaining state secrets and crime of illegally offering state secrets and intelligence abroad

answer: B

analysis: intentionally revealing state secrets to domestic personnel.

1. Ji's parents are extremely dissatisfied with their love affair with Xiao Zhang, a villager, and try their best to destroy it, so that the public security organ can't take the initiative to file a case for investigation.

A. After beating Ji Mou in public, he was confined, and Ji Mou committed suicide.

B. He tied Ji Mou to the one who restrained his death.

C. He beat Ji Mou, and he was seriously injured.

D. He hanged Ji Mou and beat him, and then privately betrothed him to others.

Answer: D

However, the victim's death is not subject to this restriction.

2. Multiple-choice questions

1. When a company commits any of the following crimes, it is subject to double punishment, that is, the unit fine, and at the same time, it requires the directly responsible person in charge or other responsible personnel to bear criminal responsibility?

a. crime of providing false accounting reports

b. crime of fraudulently issuing stocks and bonds

c. crime of falsely reporting registered capital

d. crime of illegally operating similar businesses

answer: BC

analysis: see Articles 158, 16, 161 and 165 of the Criminal Law.

2. employees in factories, mines, forest farms, construction industries or other enterprises and institutions refuse to accept management and operate illegally, which of the following losses are caused, which constitutes the crime of major liability accident?

A.1 people died

B.3 people were seriously injured

C. The direct economic loss reached 45, yuan

D. The direct economic loss reached 3, yuan, and the workshop was shut down for 1 days.

Answer: ABD

Analysis: The so-called major casualty accident generally refers to more than one person died or more than three people were seriously injured.

3. which of the following acts is not subject to combined punishment for several crimes?

a.

b.

C.

C.

D.

D.

D.

D.

A.

D.

A.

D.

A.

A.

D.

A.

A.

D. A.

D. D. < Causing serious injury and death in B is the constitutive elements of the crime of major liability accident; C stipulated by law should be convicted and punished for intentional injury and intentional homicide; D should be punished for several crimes.

4. When hearing the theft case of Chen Mou, a female worker in a cigarette factory, Wang, the pre-trial inspector of the Public Security Bureau, did not pursue and collect evidence for Chen Mou's crime of stealing 29 first-class cigarettes (worth more than 1,6 yuan), and also destroyed the incriminating materials to cover up Chen Mou's escape from punishment. After Chen Mou was released under the cover of Wang, Wang threatened to rape Chen Mou many times. Which of the following statements about Wang's behavior are incorrect?

a. crime of harboring and rape

b. crime of bending the law for selfish ends and rape

c. crime of perjury and rape

d. crime of dereliction of duty and rape

answer: ACD

analysis: the key is to determine that Wang constitutes the crime of bending the law for selfish ends.

5. If the actor Wang produced goods with counterfeit registered trademarks of others and then sold such goods, what are the incorrect identification and punishment for Wang's behavior?

a. crime of counterfeiting registered trademarks

b. crime of selling goods with counterfeit registered trademarks

c. combined punishment of crime of counterfeiting registered trademarks and crime of selling goods with counterfeit registered trademarks

d. choose a felony punishment for crime of counterfeiting registered trademarks and crime of selling goods with counterfeit registered trademarks.

Answer: BCD

Analysis: The crime of passing off a registered trademark should be convicted of absorbing the principal behavior of the offender and the subordinate behavior.

6. after paying the tax in full, a tax payer fraudulently reported exports or other deceptive means to defraud all the tax paid, which of the following statements about this case is incorrect?

a. constitutes the crime of tax evasion

b. constitutes the crime of defrauding export tax rebates

c. implements combined punishment for several crimes according to the crime of tax evasion and the crime of defrauding export tax rebates

d. chooses a felony punishment for the crime of tax evasion and the crime of defrauding export tax rebates

Answer: BCD

Analysis: whoever cheats Deng himself to p>A． taxes by defrauding export tax rebates shall be convicted and punished according to the crime of tax evasion.

7. which of the following behaviors of the defendant constitutes serious injury?

a. The injured person went into shock because of excessive blood loss on the spot, but recovered in time

b. The injured person was slightly injured at that time, but actually injured in the brain, and later died because of brain tissue rupture

c. The injured person was slightly injured at that time and was sent to the hospital in time, but died due to the doctor's treatment error

d. The injured person was seriously injured at that time, but there was no sequelae afterwards, and his body recovered to normal < Injury procedures include primary lesions at the time of injury, complications directly related to injury, and sequelae caused by injury. Identification, should be based on the human operation method of the injury and the consequences of the injury or outcome, comprehensive analysis, comprehensive evaluation. Neither the original injury procedure can be alleviated because of the improvement of clinical treatment and good recovery, nor can the original injury degree be increased because of the treatment error or the injury aggravates the original condition and the individual's specific physique.

8. Jiang used forged or altered financial bills to defraud the other party's trust and property in the process of signing the performance contract, and the amount was large. Which of the following statements about the identification of Jiang's behavior is incorrect?

a. financial bill fraud

b. contract fraud

c. financial bill fraud and contract fraud shall be punished in combination for several crimes

d. financial bill fraud and contract fraud shall be punished as a felony

answer: ACD

analysis: according to Article 224 of the Criminal Law, "forged, altered, invalid bills or other.

9. A cargo ship was sailing on the sea, and a strong wind broke out and a strong typhoon warning was received. At that time, it was impossible to dock for shelter from the wind. According to the forecast of the Meteorological Observatory, in order to prevent the life of the freighter and crew from being damaged, the captain ordered to throw away some goods (worth 3, yuan) in order to reduce the load of the freighter. However, when the typhoon just approached the sea area of the freighter route, it suddenly changed direction and did not harm the safety of the freighter. How should the captain's behavior be determined?

a. emergency hedging

b. imaginary hedging

c. untimely hedging

d. beforehand hedging

answer: CD

analysis: the timing and conditions of emergency hedging require that it must be an ongoing danger, that is, the danger has already appeared and has not yet ended, before hedging behavior can be taken. Otherwise, it is inappropriate to avoid risks, including pre-risk and post-risk avoidance.

1. Diao bought a deceived Sichuan girl as his wife from a trafficker for 5, yuan. When the girl knew the truth, she wanted to escape. Diao tied her hands and feet, forced her to share a room with her, and had sex with her. Afterwards, in order to prevent her from escaping, she locked her in the house. A month later, the woman's brother led the public security personnel to rescue her. Diao blocked the door with arms and refused to let the public security personnel enter. The stalemate lasted for more than an hour, causing many people in the village to come to watch. Which of the following crimes does Diao's behavior constitute in this case?

a. the crime of gathering people to obstruct the rescue of women who have been bought

b. the crime of rape

c. the crime of buying abducted women

d. the crime of illegal detention and obstruction of official duties

answer: BCD

analysis: Diao did not gather people, so he used violence and threats to obstruct the staff of state organs to rescue women and children who had been bought.

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Exercise of Criminal Law

I. Multiple choice questions

1. In China, Criminal law in a broad sense includes ()

A criminal code, B single criminal law, C administrative regulations, D legislative interpretation of criminal law, E subsidiary criminal law

2. The following basic principles that do not belong to the provisions of China's criminal law are ()

The principle of a legally prescribed punishment for a crime, the principle of combining punishment with leniency,

C, Oppose the principle of collective punishment D, the principle of equality before the law E, the principle of adaptability between crime and punishment

3. The subject of the crime can only be the crime of state functionaries ()

A, the crime of taking bribes C, the crime of extorting confessions by torture D, the crime of misappropriating public funds E, the crime of major liability accident

4. A wanted to kill B, came to B's door with a knife, and was afraid of paying for it, so he gave up the crime, but B was actually not at home. A's behavior belongs to ()

A doesn't constitute a crime B, crime is suspended C, crime is attempted D, crime is prepared

5. Among the following crimes, it belongs to the consequential crime ()

A, explosion B, robbery C, bigamy D, intentional injury E, false accusation and frame-up

6. Among the following crimes, it belongs to the continuing crime ()

A, abandonment B, illegal detention C, theft D, bigamy E. Guns and ammunition crimes

7. For the following situations, the combined punishment for several crimes should be applied: ()

A

B

C

D

D

D

D

D > D

D > D

D > D > D > D > D < P > D > D > D < D > D > D < D > D