1. Multiple-choice questions (please choose a correct answer to fill in the brackets) 1. The first Constitution of the People's Republic of China was born in (b).
A, 1949b, 1954c, 195d, 1982 2.( B) are the fundamental laws of the country and have the highest legal effect. A. Criminal Law B. Constitution 3. All the powers of the People's Republic of China belong to (A).
A, people b, China *** 4. The Chinese people * * and China (b) are all equal before the law. A, people B, citizens 5. The (b) dignity of the Chinese people and Chinese citizens is inviolable.
A, person b, personality 6. The Law of the People's Republic of China on the Protection of Minors was formally implemented in (c). A, January 1, 1991 b, September 4, 1991 c, January 1, 1992 d, November 1, 1999 7. The state, society, schools and families should educate and help minors to use (b) to safeguard their legitimate rights and interests.
A. Force B. Law 8. Parents or other guardians shall perform their guardianship duties and (b) obligations for minors according to law, and shall not abuse or abandon minors; Do not discriminate against female minors or minors with disabilities. A. Support B. Support 9.( A) Personal privacy of minors shall not be disclosed.
A, any organization or individual b, school 1. The Compulsory Education Law of the People's Republic of China was promulgated in (a). A, 1986b, 1978 11. The commercial electronic game venue is in (b), and minors are not allowed to enter, and obvious signs prohibiting minors from entering should be set up.
A, at any time b, outside the national legal holidays. 12. It is forbidden to open commercial song and dance halls, commercial electronic game venues and other places that minors are not suitable to enter near (c). A, residential areas B, factories and mines C, primary and secondary schools D, commercial areas 13. Parents or other guardians of minors are responsible for the legal education of minors (A).
A, direct b, indirect 14. The Law of the People's Republic of China on the Protection of Minors stipulates that young people should be trained as (b) successors to the socialist cause. A, moral character, intelligence, physique, aesthetic education B, ideal, moral, educated and disciplined 15. The law stipulates that parents and guardians must ensure that school-age minors receive nine-year compulsory education.
If the minor doesn't want to go to school, (a) it is illegal. A, minor B, parents and guardians 2. True or false (please fill in the brackets) 1. It is the sacred duty of all China people, including Taiwan Province compatriots, to accomplish the great cause of reunifying the motherland.
(√) 2. The Chinese people have the right and obligation to receive education. (*) 3. Commercial dance halls and other places that are not suitable for minors' activities, relevant competent departments and operators shall take measures to prevent minors from entering.
(√) 4. I violated the school discipline, but I didn't violate the law. The school has no way to deal with me. If the school deals with me, it will violate the Law of the People's Republic of China on the Protection of Minors. (*) 6. The Law of the People's Republic of China on the Protection of Minors is a provision that protects the rights of minors and requires adults. It is useless for us to know it.
(*) 7. When I am alone at home, lock the security door; Don't open the door for strangers; Close the curtains after turning on the light at night; If the thief has entered the house and doesn't find me, he should hide quickly and wait for an opportunity to escape for help. (√) 1. I was robbed of money, so I have to take it back from others, which is also a means of self-defense.
(*) 11. When talking in public, students should never say out their home address, telephone number and other specific information, let alone easily tell strangers their home phone number. (√) 12. Li Gang often bullied my classmates and injured them. My classmates asked me to help solve it, so I hit Li Gang. This should be said to be a courageous act.
(*) 13. Try not to have a head-on conflict with someone on the way to school. You can give them the money first, and then report it to the teachers and parents. Students had better go to school together.
(√) 3. Fill in the blanks (please fill in the correct answers in brackets) 1. It is a violation for parents to prevent their children from going to school (the Compulsory Education Law of the People's Republic of China). 2. Guardian's obligations include (guardianship obligation) and (upbringing obligation).
3. The Law of the People's Republic of China on the Protection of Minors stipulates that schools should care for and care for students, and should (patiently educate and help students who have shortcomings in conduct and have difficulties in learning, without discrimination). In order to protect children's physical and mental health, some public places are forbidden to minors, such as (business dance halls) and (karaoke bars).
5. Every year, June 26th is the International Day for Drug Control.
2. Questions and answers of legal common sense
* * Simultaneous crime: refers to intentional crime committed by two or more people. According to the above definition, the following acts are * * * crimes:
A wanted to kill B, deliberately gave C a loaded gun, and lied to C that it was an empty gun, telling C to aim at B to intimidate B, and B was shot and killed. A and C constitute * * * the same crime
B Zhao's wife filed for divorce, and Zhao resolutely opposed it and discussed countermeasures with his good friend Gao. Gao said, try to hurt her face so that she can't marry again. So the two conspired to buy a bottle of strong acid and put it into the sprayer, and agreed to go to Zhao's wife's home one night to ruin her appearance. That night, Gao's child suffered from acute dysentery, and Gao stood up and didn't go. Zhao ruined his wife's appearance alone. Zhao and Gao constitute * * * the same crime
A keeps his legally held shotgun in place B, and on a certain day A will go to place B.. Explain to B that he wants to kill C with this shotgun, and ask B to return the shotgun, so A will kill C with a gun. Party A and Party B constitute * * * joint crimes
D Zhang and Li entered a narrow street with controlled knives in the middle of the night after being conspired by * * *. Zhang told Li to hold the street corner to prevent others from coming in. He went deep into the street and robbed a woman of 3, yuan in cash with a knife. Zhang wanted to take this money for himself and told Li that the woman didn't have any money on her, and Li believed it. Zhang and Li's behavior belongs to * * * accomplice
Crime preparation: refers to the act of preparing tools and creating conditions for crime. According to the above definition, among the following behaviors, A's behavior belongs to criminal preparation:
A. A, B, C and D planned to steal from a supermarket one night, and A provided a tricycle. At that time, Party A didn't go because of the damage, and Party B, Party C and Party D stole a large number of expensive watches from the supermarket with tricycles provided by Party A..
B. B had a grudge, so he sought revenge. One day, when A learned that B was alone at home, he went to B's house with a dagger, and suddenly suffered from abdominal pain on the way, so he had to return home.
C. On a certain day, he went to B's house with a dagger, ready to kill B to vent his anger. On the way, he was patrolled by defense personnel, and A was deeply scared and turned back to his home.
D. A shot at the enemy B in the bushes, and even fired two shots, but B begged for mercy because of fear. A can continue shooting now. The answer given at that time was:
The first question D analysis shows that * * * the same crime must be that two people (or more than two people) must have the same criminal intention subjectively and have the same criminal behavior objectively. There is no criminal intent in Item A, and there is no criminal behavior in Item B and C.. So the answer is D.
analysis of the second question a by definition, it can be seen that the characteristic of criminal preparation is that the criminal act has not been implemented. Items B, C and D are all crimes that have been committed, so they can be excluded. Although the crime in item A has been implemented, A only played a preparatory role and did not participate in the implementation of the crime. Therefore, the correct answer is a.
But from the legal point of view, this answer is open to question.
Personally, I think it should be:
First question: BD
Second question: C
Four people in item A constitute a * * * joint crime. Because three people, B, C and D, constitute a crime, A does not independently establish other forms of crime, that is, A and the other three people together constitute a crime; In item B, A stopped the crime because of factors other than his will, so it constitutes an attempted crime; In item C, the main reason for A to stop the crime is "deep fear", not "patrol by defense personnel on the way", that is, "patrol by defense personnel on the way" is not enough to stop him from continuing the crime. Therefore, A does not constitute attempted crime, but constitutes criminal preparation, or the suspension of crime in the preparatory stage of crime; In item D, A has committed a criminal act, which constitutes the suspension of the crime in the course of the crime.
3. Some questions and answers about legal knowledge are needed, not specific events.
(26) Case: On October 15th, 23, A saw that a van on the roadside was unlocked, so he drove away and headed for A city.
on the way, pedestrian b stops the car and asks for a ride, and party a agrees. A sees that there is a huge amount of cash in B's bag, so he starts to make money.
When driving to a remote place, Party A lied that something was wrong and asked Party B to get off and help push the cart. B put the handbag on the seat of the van and get off.
party a took the opportunity to start the van to escape. After perceiving A's intention, B clung to the door and was dragged by the van for more than 1 meters.
When Party A saw that Party B still wouldn't let go and ran with the car, it sped up, causing Party B to fall to the ground, causing serious injuries. After B reported to the police, the public security organ seized A according to the car number plate.
During the interrogation, although Party B identified and seized the stolen goods, Party A refused to talk about it. Investigators C and D were very angry about this and beat A, causing minor injuries to A..
In this case, Party A confessed the above criminal facts, and at the same time confessed the following crimes he committed in City B: One day in June 23, when a primary school was finished, Party A intercepted a first-grade boy in front of the school, cheated him away, and immediately took the boy to an individual store to buy high-grade cigarettes and alcohol worth more than 5, yuan from the store owner. At the time of payment, A claimed that he didn't bring enough money, so he left the boy in the shop and took the boy away after he went back to pay the money.
The shopkeeper thought the boy was A's son and agreed. A escaped with cigarettes and alcohol.
The public security organ found out that there were some cigarettes and alcohol with the same names as those cheated by Party A, but failed to find the store owner and boys. After the case was transferred to the procuratorate for examination and prosecution, Party A claimed that all his confession statements were made by investigators C and D, which overturned all previous guilty confessions.
After investigation and verification by prosecutors, the fact that investigators C and D extorted a confession by torture was confirmed. Question: Please analyze the behaviors and related facts of A, C and D in the above cases according to the relevant provisions of China's Criminal Law and Criminal Procedure Law, and put forward some suggestions.
Answer and analysis: 1. The act of driving away someone else's van constitutes theft. Even if the van is unlocked, according to the general concept of society, the car belongs to other people's property, not forgetting things. Article 264 of the Criminal Law stipulates the crime of theft, which states: "Whoever steals public or private property in a large amount or repeatedly shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined or confiscated; Under any of the following circumstances, he shall be sentenced to life imprisonment or death, and his property shall also be confiscated: (1) stealing financial institutions, with a particularly large amount; (2) stealing precious cultural relics, and the circumstances are serious. "
accordingly, the crime of theft can be defined as the act of secretly stealing several large public and private properties or stealing many times for the purpose of illegal possession. In this case, when Party A saw that a van on the roadside was unlocked, he drove it away and went to City A for the purpose of illegal possession, stealing other people's property by secret stealing, which constituted theft.
2. Party A's behavior against Party B constitutes robbery. Although Party A began to plan to rob, when Party B clung to the door, Party A's behavior of speeding up was already violent, so it was not transformed robbery, but should be directly recognized as robbery, and it was an aggravated crime of robbery. Article 263 of the Criminal Law stipulates the crime of robbery, which stipulates that whoever robs public or private property by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years, life imprisonment or death, and shall also be fined or confiscated: ……… (5) Robbery causes serious injuries or death; ..... A's violent acquisition of property constitutes robbery, and at the same time, the violent behavior leads to serious injury to B, which is an aggravated crime.
3. A's behavior towards boys constitutes the crime of abducting children but not crime of trafficking in children. On the surface, A exchanged children for goods, but this behavior did not belong to selling children, and the store owner did not mean to buy children.
Article 262 of the Criminal Law stipulates that whoever abducts a minor under the age of 14 and leaves his family or guardian shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. Accordingly, the crime of abducting children refers to the act of abducting minors under the age of 14 to leave their families or guardians.
article 24th of the criminal law points out that crime of trafficking in children refers to one of the acts of abducting, kidnapping, buying, selling, picking up and transferring children for the purpose of selling. However, when A left the boy in the store, he didn't mean to betray him, and he didn't have the consequences of selling him. He just wanted to cheat the boss's trust to get high-grade cigarettes and alcohol, so it was abduction.
4. A's behavior towards the store owner constitutes a crime of fraud. Article 266 of the Criminal Law stipulates that whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined or confiscated.
if there are other provisions in this law, those provisions shall prevail. "The crime of fraud refers to the act of fabricating facts and concealing the truth for the purpose of illegal possession to defraud other people's property.
5. The behavior of Party C and Party D against Party A constitutes the crime of extorting a confession by torture. Article 247 of the Criminal Law stipulates that judicial personnel who extort confessions from criminal suspects or defendants by torture or force witnesses to testify shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
whoever causes disability or death shall be convicted and given a heavier punishment in accordance with the provisions of Articles 234 and 232 of this Law. Article 3 (3) of "Provisions of the Supreme People's Procuratorate on the Standards for the People's Procuratorate to Directly Accept Cases for Investigation (Trial)" stipulates that the crime of extorting confessions by torture refers to the fact that judicial staff treat criminal suspects.