Party A gave Wu Mou, the stationmaster of the state-owned toll station, 30,000 yuan, and made an agreement with him: Party A opened another exit on the expressway to help truck drivers evade the expenses, and Wu Mou tried to make people not investigate the matter, and the profits were divided equally. After a group of dozens of people, cut off the fence on one side of the expressway and fill in the isolation ditch (it takes 30 thousand yuan to restore the original state) to form an exit. Many truck drivers passing by know that they have to charge 300 yuan after passing the toll booth, and they can bypass the toll booth and move on by paying 100 yuan. Party A got 300,000 yuan in this way, but only got 200,000 yuan from Wu Mou, and divided it according to this amount.

Please answer the question 1 ~ 3 according to the above materials:

1. The following analysis is correct about the characteristics of the sawed highway guardrail: (20 15/ 2 /86)

A. Whoever arbitrarily damages public or private property, if the circumstances are serious, shall be punished as the crime of stirring up trouble.

B gather people to cut off the highway guardrail and set up the crime of gathering people to disturb traffic order.

Even with Wu Mou's consent, cutting off the fence constitutes a crime of destroying property.

D sawing the fence is a crime of destroying traffic facilities, and it also violates the crime of destroying traffic facilities when endangering traffic safety.

2. The following analysis on the nature of A's illegal profit is correct: (20 15/ 2 /87)

A. Operating the charging business without authorization, if the amount is huge, constitutes the crime of illegal business operation.

B even pretending to be a staff member of a state-owned toll station when collecting money does not constitute a crime of swindling and cheating.

C. Failure to exempt toll station staff from the driver's tolls based on cognitive errors does not constitute fraud.

D just defrauding Wu Mou of 200,000 yuan constitutes the crime of shielding.

3. Regarding Wu Mou's behavior, the following statement is correct: (20 15/ 2 /88)

A. taking advantage of his position to embezzle the fees that should have been charged by toll stations and establish the crime of corruption.

B. The amount of corruption is 300,000 yuan.

C accepted 30,000 yuan from Party A and took advantage of his position to seek benefits for Party A, thus committing the crime of accepting bribes.

D. The crime of corruption is related to the crime of accepting bribes and should be punished as a felony.

Reference answer

1. The crime of seeking trouble at the test center; Crime of gathering people to disturb traffic order; Crime of intentionally destroying property; Damage to traffic facilities

Answer the CD. Analysis: Arbitrarily destroying public and private property may not only be a crime of intentionally destroying property, but also a crime of provoking trouble. Whether an act violates the crime of seeking trouble or not depends first on the motive of the actor to destroy property at will. Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of affray stipulates? If the perpetrator intentionally seeks excitement, vents his emotions, tries to be brave, makes trouble, and destroys public and private property at will, if the circumstances are serious, it shall be deemed as the crime of making trouble? . Secondly, it depends on whether the behavior disturbs public order. The act of sawing off the highway guardrail with a saw is not arbitrary destruction for no reason, but planned and purposeful destruction, which does not undermine social order and does not constitute the crime of provoking trouble. Error a, not elected.

According to the provisions of Article 291 of the Criminal Law, if people gather to block traffic or disturb traffic order, and resist or hinder state security administrators from performing their duties according to law, if the circumstances are serious, the ringleaders constitute the crime of gathering people to disturb traffic order. A's behavior does not match? Gather people to block traffic or disturb traffic order? This constituent element does not constitute the crime of gathering people to disturb traffic order. Error b, not elected.

The highway guardrail does not belong to Wu Mou's personal property, so Wu Mou's consent or commitment is invalid. The act of sawing off the highway guardrail with a saw belongs to intentional destruction of property and constitutes the crime of intentional destruction of property. Item C is correct and elected.

Guardrail is an organic part of highway (traffic facilities), and sawing off highway guardrail is an act of destroying traffic facilities, which may violate the crime of destroying traffic facilities if it is enough to endanger traffic safety. Item d is correct and elected.

So, choose CD for this topic.

2. The crime of illegally operating test sites; Crime of swindling and cheating; Crime of fraud; Conceal or conceal the facts of a crime

Answer BC. Analysis: Article 225 of the Criminal Law stipulates four kinds of illegal business practices: (1) dealing in exclusive commodities or other commodities whose business is restricted by laws and administrative regulations without permission; (2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations; (three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business; (four) other illegal business activities that seriously disrupt the market order. The behavior of a privately opening an exit on the expressway to help drivers evade fees and profit from it obviously does not belong to the above three types of illegal business practices, and it is difficult to identify it as? Other illegal business operations that seriously disrupt the market order? . Because "the Supreme People's Court on the accurate understanding and application of criminal law? National regulations? The notice on relevant issues pointed out that? People's courts at all levels should strictly grasp the scope of application of Item (4) of Article 225 of the Criminal Law when trying cases of illegal business operations. Does the behavior towards the defendant belong to? Other illegal business operations that seriously disrupt the market order? If the relevant judicial interpretation is not clearly stipulated, it shall be referred to the Supreme People's Court for instructions step by step as the application of the law. . The existing judicial interpretation does not stipulate the unauthorized operation of toll business as a crime, so A's behavior does not constitute the crime of illegal operation. Error a, not elected.

Even if A pretends to be the staff of the state-owned toll station when collecting money, it does not constitute the crime of swindling and cheating. On the one hand, the staff of state-owned toll stations do not belong to? National staff? A does not meet the constitutive requirements of the crime of swindling and cheating. On the other hand, A didn't either? Swindling and cheating? After collecting the fee, the passing truck drivers are also allowed to evade the fee, so A does not constitute the crime of swindling and cheating. Item b is correct and elected.

Although Party A opened an exit on the expressway without authorization, allowing passing drivers to evade fees through the exit, so that the toll station failed to collect the fees that should have been collected normally and suffered heavy property losses, Party A did not commit fraud, and its behavior did not exempt the toll station staff from the driver's tolls based on cognitive errors, so Party A's behavior did not constitute fraud. Item C is correct and elected.

Is it necessary to cover up or conceal a crime? Other? It does not constitute a crime if a criminal conceals or disguises his criminal gains. 300,000 yuan is the criminal proceeds of A and He, not the criminal proceeds of others. Therefore, A's concealment of his criminal gains from other prisoners does not constitute a cover-up or concealment of a crime. D error, not elected.

Therefore, this question chooses BC.

3. Crime of corruption in test sites; Crime of accepting bribes; implicated offender

Answer ABC. Analysis: Wu Mou, the stationmaster of the state-owned toll station, colluded with A and took advantage of his position to illegally take the toll that should have been collected by the toll station for himself. Its nature is corruption or bribery. The key lies in how to determine that the drivers gave A money. If you think that the money has not been handed over to the state-owned toll station and does not belong to public property, so you can't set up the object of corruption, then Wu Mou's behavior will not be convicted of corruption, but of accepting bribes. If we think that the money is not handed over to the state-owned toll station, but the property that the state-owned toll station will inevitably acquire belongs to certain creditor's rights, then Wu Mou's behavior has committed the crime of corruption. Obviously, if Wu Mou and Party A don't export without permission, the truck driver will go to the state-owned toll station to leave the expressway, so this money is the property that can be obtained by the state-owned toll station and can be assessed as public property. Therefore, taking advantage of his position, Wu Mou embezzled the property that originally belonged to the state-owned toll station, causing the state-owned toll station to lose hundreds of thousands of yuan, which constitutes the crime of corruption. Item A is correct and elected.

There are three problems to be solved in determining the amount of corruption in Wu Mou: (1) Wu Mou's behavior caused the loss of state-owned toll stations far more than 300,000 yuan. So, should we determine the amount of corruption in Wu Mou according to the actual losses of state-owned toll stations, or should we determine the amount of corruption in Wu Mou according to the actual amount of corruption in Wu Mou and A * *? Does the crime of corruption belong to? Possession? Type crime, should be based on the actual possession of public property that Wu Mou and a * * * the amount of corruption. (2) According to Wu Mou's final share of 654.38+10,000 yuan, or according to the * * * corruption amount of 300,000 yuan, is the amount of corruption in Wu Mou determined? In * * * joint crime, every * * * offender is responsible for the result of * * * joint crime, so the amount of corruption of every * * * offender should be determined according to the amount of corruption, not according to the amount of spoils. Therefore, the amount of corruption in Wu Mou is 300,000 yuan, which is equivalent to that Wu Mou and A. B are correct and elected.

The crime of accepting bribes requires seeking benefits for others. As a national staff member, Wu Mou took advantage of his position to accept 30,000 yuan from Party A, and refused to investigate and deal with Party A's behavior of privately opening an export on the expressway to help drivers evade fees and profit from it. Accept other people's property and seek benefits for others? . Although Wu Mou also has its own interests, it is undeniable that Wu Mou does seek interests for the United States ... Therefore, Wu Mou's behavior constitutes the crime of accepting bribes. Item C is correct and elected.

Wu Mou is guilty of corruption and bribery, but these two crimes do not constitute implicated offense. When judging whether implicated offense is established, the most critical issue is to determine whether there is implicated relationship. The so-called implicated relationship refers to the internal relationship between method and purpose, or between cause and result. Only when a certain means is usually used to commit a certain crime, or a certain cause behavior usually leads to a certain result behavior, should it be recognized as an implicated offense. Bribery is usually not for corruption, and there is usually no internal connection between methods and ends or between causes and results. Therefore, the crime of corruption and bribery in Wu Mou is not an implicated offense, and there is no problem of judging from a felony. Wu Mou has carried out two independent acts, one is to accept Party A's property for Party A's benefit, and the other is to conspire with Party A to open a high-speed exit privately to steal the property originally belonging to the state-owned toll station, which infringes on two legal interests, and constitutes two crimes of accepting bribes and corruption respectively, and should be punished for several crimes. D error, not elected.

Therefore, this topic chooses ABC.

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