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Single-choice questions (this question has 10 questions, each question is worth 1 point, and the full score is 10 points; only one of the alternative answers is consistent with the question If required, please blacken the letter of the answer you selected on the answer sheet)

1. The "Decision on Punishing Fraudulent Purchases of Foreign Exchange, Evasion of Foreign Exchange and Illegal Purchase and Sale of Foreign Exchange" belongs to

A , Narrow criminal law B, separate criminal law C, subsidiary criminal law D, criminal code

2. The main basis for classifying crimes in my country's criminal law is

A. Similar objects of crime B , form of harmful behavior C. Characteristics of the criminal object D. Subjective mentality of the perpetrator

3. The essential characteristics of the crime are

A. Crime is an act that deserves punishment. Punitive and punishable

B. Crime is an act that violates criminal laws and is criminally illegal

C. Crime is an act that seriously endangers society and has serious social harm

D. Crime is an act that violates the law and is illegal

4. In a general sense, the objective selection requirements for crime include

A. The act of crime, the result of crime B. The motive of crime, the purpose of crime

C. The intention of crime, the fault of crime D. The time, place and method of crime

5. According to the provisions of our country's criminal law, in the following situations, the principle of limitation and aggravation should be adopted to implement concurrent punishments

A. Among the several main sentences announced in the judgment, there are several death sentences or the most severe punishment is death

B. Among the several main sentences announced in the judgment, there are several life imprisonment or the most severe punishment is life imprisonment

C. Among the several crimes, there are additional punishments D. The several main sentences announced in the judgment are: Fixed-term imprisonment, criminal detention, control

6. Causal relationship in criminal law refers to the existence between a person’s behavior that harms society and the harmful consequences

A. Superficial connection B. Caused Relationship with the person being caused C. General connection D. Common connection

7. The generally recognized standard for distinguishing one crime from several crimes in our country’s criminal law is

A. Behavior B. Crime ConstitutionC. Legal interestD. Causal relationship

8. Among the following crimes, the criminal subject is a special subject

A. Crime of major liability accidentB. Crime of traffic accidentC. Arson Crime D. Crime of damaging means of transportation

9. According to the provisions of the criminal law, the legal objects of the crime of damaging means of transportation are

A. Trains, cars, trams, tractors B. Cars, trams , ships, motorcycles

C. trams, ships, aircraft, train tracks D. ships, aircraft, trains, cars, trams

10. A state-owned forestry farm is in order to solve the problem of employees of its unit. Welfare, more than 1,000 forest trees under management were logged without authorization.

His behavior belongs to

A. The unit constitutes the crime of illegal logging B. The person in charge and the directly responsible personnel personally constitute the crime of illegal logging

C. The crime of indiscriminate loggingD. Does not constitute a crime

4. Multiple-choice questions (this question has 10 questions, each question is worth 1 point, and the full score is 10 points; at least two of the alternative answers meet the question requirements, please submit the answer sheet The letters of the selected answers are blackened; no points will be awarded for fewer choices, more choices, or wrong choices)

1. In the following circumstances, the illegal infringement should be deemed to have terminated

A. The illegal infringement has been completed. B. The illegal intruder has automatically stopped the infringement.

C. The illegal infringer has been subdued. D. The illegal infringer has lost the ability to continue the infringement.

2. The similarities between emergency avoidance and legitimate defense include

A. The same purpose B. The target of the behavior is the same C. The premise is the same D. The source of the harm is the same

3. Yes The organs with the power to make judicial interpretations of the criminal law include

A. Ministry of Public Security B. Supreme People’s Procuratorate C. Supreme People’s Court D. National People’s Congress and its Standing Committee

4. According to Article 17, paragraph 2, of my country's Criminal Law stipulates that a person who has reached the age of fourteen but not the age of sixteen who commits ( ) shall bear criminal responsibility.

A. Intentional homicide B. Robbery C. Drug trafficking D. Arson

5. According to the provisions of our country’s criminal law, the perpetrator’s understanding of things can be expressed in the following forms Come out

A. Awareness B. No awareness C. Presumed awareness D. Wrong understanding

6. The one crime punished includes

A. The result is aggravated Crime B, absorption crime C, implicated crime D, continuous crime

7. The purpose of punishment in my country includes

A. Punishment of crime B. Special prevention C. General prevention D. Crime punishment, etc. Price

8. The sentencing system stipulated in my country's criminal law includes

A. Recidivism B. Meritorious service C. Reduced sentence D. Surrender

9. Among the following crimes, The subjective aspects are intentional: A. The crime of bending the law for personal gain B. The crime of perverting the law and judging C. The crime of malpractice for personal gain and failing to collect taxes or undertaxing D. The crime of dereliction of duty

10. The criminal objects of the crime of corruption include

A. State-owned property B. Property collectively owned by the working people

C. Social assistance or special fund property used for poverty alleviation and other public welfare undertakings

D. Private property managed, used and transported by state agencies, state-owned companies, enterprises, collective enterprises and people's organizations

5. Terminology explanation questions (this question has 4 hours Each question is worth 3 points, and the full score is 12 points; please write the answer on the corresponding position on the answer sheet)

1. The fault of overconfidence 2. Instigating criminals

3. Death penalty 4. Crime of illegal possession of drugs

6. Short answer questions (this question has 3 questions, each question is worth 6 points, the full score is 18 points; please write the answer in the corresponding position on the answer sheet)

1. What are the sources of obligations of the perpetrator of a crime of omission?

2. Conditions for the establishment of a criminal group 3. Constitutive characteristics of the crime of refusal to execute judgments and verdicts

7. Analysis questions (this question has 2 sub-questions, each sub-question is 15 The full score is 30 points; case analysis requires drawing conclusions and explaining reasons, and legal article analysis requires conforming to the original intention of legislation and criminal law theory; please write your answers in the corresponding position on the answer sheet)

1. Case analysis

A, male, 26 years old, was sentenced to six months of detention for the crime of theft and was released in December 1999 after serving his sentence.

Yi, male, 18 years old.

At the end of April 2000, A and B conspired several times to commit robberies and prepared murder weapons for this purpose. In early May 2000, A and B, armed with murderous weapons, waited by remote roads many times at night, intending to rob pedestrians of their property, but neither met the pedestrians. In June 2000, A and B were interrogated during routine inspections by the public security organs because they did not have ID cards and temporary residence permits. After being educated by the public security personnel, the two people truthfully confessed the above situation.

Analysis on how A and B should be convicted and punished?

1. Single-choice questions: 1-20 questions, each question is worth 1 point, max. 20 points. Only one of the four options for each of the following questions meets the test requirements.

1. my country’s criminal law adopts ( ) on the issue of retroactivity

A. The principle of retrospection from the old B. The principle of retrospection from the new C. The principle of retrospection from the old and lenient D. The principle of lenient and lenient from the old Principle

2. The primary characteristics of causality recognized in my country’s criminal law doctrine are ( )

A. Objectivity B. Necessity C. Harmfulness D. Unity of subjectivity and objectivity

3. Regarding unit crimes, which of the following statements is wrong ( )

A. Units should bear criminal responsibility for all crimes stipulated in the criminal law. B. "Double punishment" is generally implemented for unit crimes. ”

C. The essential feature of unit crime is for the benefit of the unit. D. If a private enterprise without legal personality commits a crime, it will be punished as an individual crime.

4. Regarding the crime of negligence, the following statements are made: The wrong one is ( )

A. If two or more persons commit the same crime through negligence, they shall not be punished as committing the same crime. B. There is no unfinished crime among negligent offenders

C. Punish both negligent consequential offenders and negligent dangerous offenders D. Negligent crimes do not constitute recidivism

5. A gives B 50,000 yuan to ask B to "teach C a lesson", and B gives D 20,000 yuan to D. He beat C and took Ding to identify C. Afterwards, A felt scared and called B to stop the fight. He also said that he was willing to bear the responsibility for "breach of contract" as long as B returned 25,000 yuan. B immediately said, "I hear what you say," but did not tell Ding. D still led someone to beat C into serious injuries. A’s behavior fell into the category of ( )

A. Crime preparation B. Crime attempt C. Crime suspension D. Crime completion

6. According to the criminal law It is stipulated that the circumstances that can lead to lighter, reduced or exempted punishment are ( )

A. Crime committed by a person under 18 years of age B. Crime committed by a mentally ill person who has not completely lost the ability to recognize and control

C. Crime committed by a person under 16 years of age D. Crime committed by a blind person

7. The main difference between indirect intention and direct intention is ( )

A. Different cognitive factors B. Different will factors C. Different motives D. Different purposes

8. Among the following circumstances, the necessary crime is ( )

A. The crime of harboring B. The crime of intentionally leaking state secretsC. Crime of picking quarrels and provoking trouble D, crime of organizing a terrorist organization

9. Zhang sneaked into Li's house to steal property and was discovered by Li. Zhang killed Li in order to escape and escaped. Zhang’s behavior should be ( )

A. Penalty for illegal intrusion into a residence, theft and intentional homicide B. Penalty for theft and intentional homicide simultaneously

C , Convicted and punished for robbery D. Convicted and punished for intentional homicide

10. Liang was sentenced to 1 month of criminal detention by the People's Court in accordance with the law and suspended. The minimum probation period should be ( )

A. 6 months B. 3 months C. 2 months D. 1 month

11. A has a conflict with C, so he invites B to help fight C. After arriving at C's house, B rushed over and punched C, causing C's mouth and nose to bleed. A then stabbed C, causing C to be seriously injured.

The correct statement about this case is ( )

A. B is punished for intentional injury causing serious injury. B. B is punished for intentional injury causing injury.

C. B does not constitute a crime. Because his boxing did not cause more than minor injuries, D. B should be punished as the principal offender

12. Zou was caught on the spot during the theft. After interrogation, Zou voluntarily confessed that he had an affair with Li. *Same as the crime of stealing a warehouse. Zou’s confession should be determined as ( )

A. Surrender B. Confession C. Meritorious service D. Surrender and meritorious service

13. Luo was retained by the public security organ on suspicion of robbery , and then looked for an opportunity to escape. Luo’s robbery ( )

A. The prosecution period is 10 years. B. The prosecution period is 15 years. C. The prosecution period is 20 years. D. There is no restriction on the prosecution period

14. Among the following acts, which should be convicted and punished as the crime of theft ( )

A. A. stole a confidential college entrance examination paper, causing extremely serious consequences. B. B used a forged ID card to access the mobile phone network. , and used the mobile phone, causing a loss of 30,000 yuan in phone bills to the telecommunications department. C. C picked up a credit card belonging to someone else, and then used the card to spend 30,000 yuan. D. D. stole other people’s financial records on the public network. Account and use, causing others to lose 30,000 yuan

15. If a postal worker privately opens other people’s mail and steals the property inside, which of the following crimes will be punished more severely if convicted? ( )

A. Crime of theft B. Crime of opening mail and telegraph without permission C. Crime of embezzlement D. Crime of occupational embezzlement

16. Li, a staff member of a state agency, and an unemployed person Zhang colluded, and Li took advantage of his position to work with Zhang to defraud the unit of a huge amount of property. The above behavior should be determined as ( )

A. Li constitutes the crime of corruption, and Zhang constitutes the crime of theft. B. Li constitutes the crime of corruption, and Zhang constitutes the crime of fraud.

C. Li and Zhang *** are both guilty of corruption. D. Zhang and Li *** are both guilty of fraud

17. A and B had a daughter through adultery. The baby was placed in an inaccessible mountain forest. The baby girl died of hunger and thirst. A and B constitute ( )

A. Crime of abandonment B. Crime of cruelty C. Crime of intentional homicide D. Crime of negligent death

18. A detained B in order to collect debts in a basement, and then asked his family to repay the debt of 50,000 yuan owed by B. A's behavior constitutes ( )

A. Crime of kidnappingB. Crime of illegal detentionC. Crime of kidnapping and crime of illegal detentionD. Crime of robbery and crime of illegal detention

19. Among the following crimes , what must be dealt with before telling is ( )

A. Misappropriation B. All insults C. False accusation and frame-up D. All defamation crimes

20. A meets one person in the evening The old man was walking alone with a briefcase (containing 20,000 yuan in cash), so he rushed forward, grabbed the bag and ran away. Because he used too much force when grabbing the bag, the old man fell to the ground and was seriously injured. A's behavior should be determined as ( )

A. Robbery B. Snatching C. Negligently causing serious injury D. Robbery and negligent causing serious injury

2. Multiple Multiple choice questions: 21-25 questions, each question is worth 2 points, maximum 10 points. Two to four of the four options in the following questions meet the test requirements.

21. The "initiation" of a crime refers to ( )

A. The act of preparing to commit a crime B. The act of starting to commit an act described in a certain crime in the criminal law

C. Start to carry out the behavior D. Start to carry out the behavior that can directly harm the object

22. A originally wanted to kill B, but mistakenly thought that B's twin brother C was killed.

The correct way to say this is ( )

A. A. Bears intentional liability for C’s death. B. A bears negligence liability for C’s death.

C. It is a misunderstanding of the object. D. It is a behavioral error

23. The time conditions for establishing the crime of suspension include ( )

A. In the process of preparing the crime B. In the process of committing the crime

C. For intentional crimes, before the harmful consequences occur. D. For negligent crimes, before the harmful consequences occur.

24. In criminal law theory, substantive A crime includes ( )

A. Continued crime B. Continuous crime C. Result aggravated crime D. Imaginary concurrent crime

25. The law stipulates: For suspended crimes, no consequences Those who harm the results shall be exempted from punishment. It’s because in this case ( )

A. The criminal illegality of the behavior disappears B. There is no need to identify it as a crime

C. Objectively, no actual harm is caused D. Subjectively Continue on to complete the disappearance of the danger of the crime

Case analysis questions: 31 questions, 15 points.

31. A (19 years old) and B (15 years old) conspired to steal, and agreed that A would carry a dagger to prevent security guards from arresting them. At about 12 o'clock in the evening, the two arrived at a supermarket. A enters the supermarket, and B stays outside to watch. A found that no one was on duty, so he stole more than 50,000 yuan in cash, which was divided equally between the two. In addition, the People's Court also found the following facts: (1) A had robbed others of 2,000 yuan in property 6 months ago; (2) A was sentenced to 2 years in prison with a suspended sentence of 3 years by the People's Court for committing the crime of robbery 1 year ago. Year. Please analyze: (1) How should the behavior of A and B commit crimes in the supermarket be determined? Why? (7 points) (2) How to deal with A and B? Why? (8 points)