75. A, B, and C were arrested on suspicion of kidnapping. The case was reviewed and prosecuted by the People's Procuratorate. It was deemed that there was insufficient evidence for the crime of C and did not meet the conditions for prosecution. Therefore, a decision was made not to prosecute. What legal consequences will occur after the decision not to prosecute is announced? A. The decision not to prosecute shall take legal effect immediately B. C shall be released immediately C. C shall not be held criminally responsible again due to the facts of the case D. The victim of the case may appeal to the People's Procuratorate at the next higher level within the statutory period

76. Which of the following statements is wrong? A. All criminal cases shall be heard by the collegial panel? B. For difficult, complex, and major cases, if the collegial panel deems it difficult to make a decision, the collegial panel shall submit it to the judicial committee for decision? C. Trial The decision of the committee is only used as a reference by the collegial panel? D. Cases tried by a sole judge cannot be submitted to the trial committee for decision

77. Which of the following times are not included in the trial limit? A. The time for psychiatric evaluation of the defendant ?B. In cases where the defendant appoints another defender or the court re-appoints a defender or lawyer in accordance with the law, the time to prepare the defense starts from the date when the case is postponed to the 10th day. ?C. The party applies for a new witness to appear in court, and the court agrees and When the trial was announced to be postponed, the period of the postponement was D. Due to the party’s request to withdraw, the court decided to postpone the trial, and the period of the postponement

78. Liu quarreled with his neighbor Deng over trivial matters in life, and Deng was unbearable Liu insulted and hit Liu on the face, causing injuries to Liu's nose bones and other parts. Liu filed a private prosecution with the People's Court, requesting that Deng be held criminally responsible. During the trial of the case, Deng filed a counterclaim against Liu for insult and defamation. Which of the following statements are correct? A. The People's Court can mediate between Liu and Deng on the two lawsuits during the trial. B. Liu can request to withdraw the private prosecution before the judgment is announced. According to legal circumstances, the People's Court may not allow it. C. If Liu If Liu withdraws the prosecution, the People's Court shall terminate the hearing of Deng's counterclaim. D. If Liu withdraws the prosecution, the People's Court shall continue to hear Deng's counterclaim

79. Fang Lin filed a private prosecution with the court that Huang Jing was guilty of insult. After the court accepted the case, Huang Jing countersued Fang Lin for defamation. After review by the court, the counterclaim conditions were met and the cases were heard together. The court sentenced Huang Jing to one year in prison for insult and Fang Lin to one year in prison for defamation. Fang and Huang refused to accept the verdict and appealed on the grounds that the other party's sentence was too light and theirs was too harsh. According to the provisions of the Criminal Procedure Law, how should the final judgment of the second instance court be made? A. Fang Lin’s penalty cannot be increased? B. Huang’s penalty can be increased? C. Huang’s penalty cannot be increased? D. The other party’s penalty can be increased

80. The "Tobacco Monopoly Law" stipulates that enterprises or individuals engaged in the retail business of tobacco products shall be reviewed and approved by the industrial and commercial administrative department of the county-level people's government based on the entrustment of the tobacco monopoly administrative department at the next level. Tobacco retail license. Which of the following statements about entrusting the implementation of administrative licensing is correct: A. Administrative agencies can entrust other administrative agencies to implement administrative licensing within the scope of their statutory powers and in accordance with the provisions of laws, regulations and rules. B. The Tobacco Monopoly Bureau at the next higher level should Bear legal responsibility for the county industrial and commercial bureau's implementation of administrative licensing C. The industrial and commercial bureau shall issue a tobacco monopoly retail license in its own name D. The industrial and commercial bureau may entrust other agencies to implement the administrative licensing

81. Zhang entrusted Liu to buy books and handed over a national current deposit book with a deposit of RMB 10,000 to 30,000 to Liu for buying books. Liu took out 3,000 yuan from the passbook and used it to buy drugs on the way, and was caught on the spot by the public security agency. During the interrogation, Liu confessed that the remaining 10,000 yuan in his bankbook still planned to be used to purchase drugs. The county court sentenced Liu to 15 years in prison.

Subsequently, the public security organ made an administrative penalty decision. Regarding the 3,000 yuan seized on the spot and the balance in the passbook, the correct way to deal with it is: A. Confiscate the 3,000 yuan used to buy drugs and return the balance in the passbook to Liu. B. Confiscate it. The 3,000 yuan used to buy drugs and the balance in the passbook to be used to buy drugs C. The 3,000 yuan used by Liu to buy drugs and the balance in the passbook were returned to Zhang D. The 3,000 yuan used to buy drugs was confiscated and returned to Zhang. The remaining balance in the passbook was returned to Zhang

82. A company produced counterfeit and shoddy products and was discovered by the local administrative department. The company was fined, illegal gains were confiscated, and ordered to suspend production and business. After the penalty decision was issued, the company did not implement the penalty decision within the prescribed time limit. At this time, the administrative agency can: A. Apply to the people's court for compulsory enforcement B. Auction the sealed or impounded property in accordance with the law C. Transfer the frozen deposits to pay the fine in accordance with the law D. If the fine is not paid when due, each item shall be charged according to the law. A fine of 3 times the amount of the fine will be imposed

83. For administrative reconsideration, the following review authorities handled it correctly: A. A certain city's Industrial and Commercial Bureau imposed a fine on Citizen A based on a document issued by the Trademark Office of the State Administration for Industry and Commerce. 200 yuan. A was dissatisfied and filed an administrative reconsideration with the Provincial Administration for Industry and Commerce, and applied for a review of the document. After review, the Provincial Administration for Industry and Commerce decided to reject A’s application for review of the document. B. The Agricultural Bureau of a certain city fined citizen B 50 yuan according to a regulation of the Ministry of Agriculture. B filed an administrative reconsideration with the Provincial Department of Agriculture and applied for a review of the regulations. The Provincial Department of Agriculture made an administrative reconsideration decision after review, saying that the regulations complied with the provisions of the law. C. A certain city’s IRS imposed a fine of 200 yuan on citizen C. C was dissatisfied and filed an administrative reconsideration with the provincial IRS and filed an application to review the administrative regulations on which the specific administrative action was based. The provincial tax bureau made an administrative reconsideration decision to uphold the administrative punishment of the municipal tax bureau, and said that C’s application for a review of administrative regulations was without legal basis. D. The Public Security Bureau of a certain city fined Citizen Ding 300 yuan in accordance with the local regulations formulated by the Provincial People's Congress. Ding was dissatisfied and filed an administrative review with the Municipal People's Government. After accepting the application, the Municipal People's Government believed that the local regulations formulated by the Provincial People's Congress did not comply with the provisions of the law and decided to suspend the review and forward the basis to the Provincial People's Congress for processing through the Provincial People's Government.

84. When the review organ reviews a specific administrative act, if it is found that the regulations or generally binding decisions or orders on which the specific administrative act is based are inconsistent with laws, regulations or other rules and generally binding decisions, If the order conflicts with the order, how should it be handled? A. Revoke or change it in accordance with the law within its scope of authority. B. If the reconsideration agency has no power to handle it, report to the higher administrative agency; if the latter has the power to handle it, it will handle it in accordance with the law. C. In B. Under the circumstances described in Item Item, if the higher-level administrative agency does not have the power to handle it, it shall be submitted to other competent agencies to handle it in accordance with the law. D. During the handling period, the review agency will not stop the trial of the case

85. Li, a young man and woman He and Zhao went to the local town civil affairs department to apply for marriage registration. Wang, the chief of the town civil affairs department, had a conflict with Li, so he privately asked Li for 500 yuan, otherwise he would not go through the registration procedures. Li had no choice but to Wang was given 200 yuan, but because he failed to meet Wang's requirements, Wang felt very dissatisfied. Therefore, the Civil Affairs Section has not completed the registration procedures for Li and Zhao, nor has it explained the reason. Li and Zhao applied for administrative reconsideration to the review authority. Which of the following statements is correct: A. The review authority can directly register the marriage of Li and Zhao in accordance with the law. B. The review authority can first determine the illegality of the inaction of the town civil affairs department, and then pursue Wang and other relevant responsible persons. Administrative responsibility C. The reconsideration authority can make a decision to let the town civil affairs department handle the marriage registration procedures for Li and Zhao. D. Since marriage registration must be applied for and handled by the parties in person, Li and Zhao are not allowed to entrust an agent. 86. On December 20, 2001, Wang, an employee of a township enterprise, put alcohol into an empty carton for alcohol and took it on the train. He was discovered by conductor Liu and asked to open the box for inspection. .

Based on this, the train conductor believed that Wang's behavior violated the national "Railway Transport Safety Protection Regulations" which stipulates that "it is prohibited to carry flammable, explosive and other dangerous crystals on the train", so he decided to confiscate all the alcohol and fine him 50 Yuan. Wang was dissatisfied and filed an administrative lawsuit with the People's Court. Which of the following statements is correct: A. The People's Court should not accept the case because the Railway Bureau is a transportation enterprise and does not have the qualifications as an administrative subject and cannot be a defendant in administrative litigation. B. The People's Court This case should be accepted because the national railway transportation enterprise exercises administrative rights granted by laws and regulations and has the right to inspect passengers' belongings and has the qualifications as an administrative subject. C. This case should be accepted by a specialized railway court. D. This case should be handled by Accepted by the Ordinary People's Court

87. A foreign enterprise established in China to produce television sets was complained by Chinese citizens because of problems with the quality of its television sets. The local Administration for Industry and Commerce decided to fine the foreign enterprise 6,000 yuan. The foreign enterprise was dissatisfied and filed an administrative lawsuit with the People's Court. Regarding the circumstances of this case, the following views are correct: A. If the foreign enterprise entrusts a lawyer to represent the person in litigation, it must entrust a lawyer from the People's Republic of China Lawyers' Institution. B. Since the foreign enterprise is located in China, it must seek legal representation from the Chinese People's Republic of China. Therefore, the foreign enterprise will definitely enjoy national treatment in the litigation. C. Regardless of the outcome of the judgment, the litigation costs should be borne by the foreign enterprise. D. When the foreign enterprise entrusts a domestic lawyer to represent it in litigation, the foreign lawyer can only Litigation agent as a non-lawyer 88. He opened a private school without approval. The County Education Bureau closed down the school he opened and imposed a fine on the grounds that it was illegal to run a school. He was dissatisfied and filed an administrative reconsideration with the Municipal Education Bureau and also filed an administrative lawsuit with the People's Court. Which of the following statements is incorrect: A. The Municipal Education Bureau cannot accept the reconsideration application because He filed an administrative lawsuit at the same time. B. The People's Court cannot accept the lawsuit because He filed an administrative review at the same time. C. The Municipal Education Bureau can accept the reconsideration application, even if the People's Court The court has accepted the lawsuit D. The People's Court can accept the lawsuit even if the Municipal Education Bureau has accepted the administrative reconsideration application

89. The District Industrial and Commercial Administration Bureau made an administrative penalty decision on Guanghua Garment Factory to suspend production and business, and implemented it immediately , Guanghua Garment Factory filed a lawsuit with the court after its application for reconsideration to the Municipal Administration for Industry and Commerce was upheld. The court of first instance ruled to uphold the penalty decision, and Guanghua Garment Factory appealed. In the second instance, a lawyer was hired and a request for administrative compensation was made. After hearing, the People's Court of the second instance determined that the administrative penalty imposed by the District Administration for Industry and Commerce on suspending production and business of Guanghua Garment Factory was illegal. What should the People's Court of the second instance do as follows: The wrong statements in handling this case include: A. Revoking the first-instance judgment, and making a decision to revoke the administrative penalty decision, and the District Industrial and Commercial Administration Bureau to compensate Guanghua Garment Factory; B. Reversing the first-instance judgment, and confirming that the administrative penalty decision was illegal, and making a judgment on compensation. Mediate the two parties on the issue. If mediation fails, the whole case should be sent back for retrial; C. Revoke the first-instance judgment, confirm that the administrative penalty decision is illegal, and mediate both parties on the compensation issue. If mediation fails, the administrative compensation part should be sent back for retrial; D. .The verdict is to revoke the first-instance judgment, revoke the administrative penalty decision, and mediate the two parties on the compensation issue. If the mediation fails, notify Guanghua Garment Factory to sue separately for the compensation issue

90. The People’s Government of County A is forcibly demolishing When Factory B built a house without approval, it failed to notify Factory B in time and failed to make a list of items. The items in the house were damaged. The forced demolition was later confirmed illegal by the court for violating legal procedures. In December 2002, Factory B’s business license was revoked by the industrial and commercial department, and in April 2003, Factory B’s corporate legal person registration was cancelled. In January 2003, Factory B filed an administrative lawsuit with the court, requiring the People's Government of County A to compensate for the investment in building the house and the loss of items.

Which of the following statements is incorrect? A. Factory B has the qualifications to be a plaintiff. B. The statute of limitations for Factory B to file an administrative compensation lawsuit is two years from the date when the forced demolition was confirmed to be illegal. C. Because the demolished houses in Factory B are illegal buildings, Factory B’s request is not valid. D. Since the demolition act of the People's Government of County A is only procedurally illegal, Factory B's request is not valid

3. Indefinite multiple-choice questions. If there is one or more correct answers among the options given in each question, do not answer. , few answers or too many answers will not be scored. There are questions 91-100 in this section, each question is worth 2 points, and the total score is 20 points. 91. Please decide which of the following statements is correct: A. A hates B very much and wants to kill him. One day, A found B and C standing together on a scaffolding more than fifty meters high. A thought about cutting off the ropes of the scaffolding to kill B. There was no enmity between A and B, but A was determined to kill B and cut the rope, causing B and C to fall to death. In this case, the death of A to C should be determined as indirect intentionality. B. A broke into the warehouse late at night to steal. Because the light was too dark, A used a lighter to burn the ropes tied to the sacks in order to find the property, which ignited the items in the warehouse and caused the warehouse to burn down. In this case, A should be found guilty of arson. C. A is an experienced driver and is quite proud of his skills. One day, A discovered that the car's brakes failed, but relying on his good skills and familiarity with the road conditions, he still drove out. Not long after he left, he hit pedestrian B due to the brakes. In this case, A should be found guilty of overconfidence. D. When A was hunting, he aimed at a hare, but found a shepherd boy sleeping next to the hare. A was eager to hunt and shot, but unfortunately he hit the shepherd boy and died immediately. In this case, A should be found guilty of overconfidence.

92. A contracted to operate a certain mine’s mining business. In order to reduce mining costs and increase mining volume, A mobilized local miners and villagers to bring their children to work in the mines, and promised their children high wages. Miners and villagers have brought their children to work in the mines to engage in underground mining operations. More than 20 of them are minors between the ages of 10 and 16. Later, because the high wages offered by Station A were not fulfilled, more than 20 child workers expressed that they no longer wanted to work and asked to leave the mine. Person A disagreed and put an electric wire fence around the mine, hired dozens of guards, prohibited all miners, including these twenty-odd child workers, from leaving the mine, and forced them to mine for him. Weak and exhausted, he died underground. What crime does A's behavior constitute? A. The crime of illegal detention B. The crime of forced labor C. The crime of employing child labor to engage in hazardous labor D. The crime of major liability accidents

93. Which of the following statements about theft cases is wrong: A. Theft of radio and television facilities If the value of public telecommunications facilities is not large, but is enough to endanger public security, he shall be convicted and punished for the crime of stealing radio and television facilities and public telecommunications facilities. B. Theft of radio and television facilities and public telecommunications facilities shall simultaneously constitute the crime of theft and destruction of radio and television facilities. If a motor vehicle is stolen and used as a criminal tool in order to steal other property, the value of the stolen motor vehicle will not be included in the amount of theft. D. To commit the crime Those who commit other crimes and steal motor vehicles will be punished as if they were involved in a felony, and there is no need to be punished for multiple crimes.

94. A’s daughter took the college entrance examination in 2003 and did not meet the admission limit for a certain university. A entrusts B, the deputy director of the education committee of the city where the university is located, to greet C, the vice president in charge of enrollment at the university. A also delivers 20,000 yuan in cash to B, of which 10,000 yuan is used to reward B, and the other 10,000 yuan is asked by B to transfer to C. . B greeted C and handed over 10,000 yuan to C. C accepted 10,000 yuan and promised to help as much as possible, but still did not admit A's daughter. A month later, C's wife Ding learned about this and said to C: "You didn't do anything for me, so you can't accept the 10,000 yuan. You should return it to me." After C agreed, Ding returned the 10,000 yuan to A. Which of the following statements about this case is false? A. B’s behavior constitutes the crime of unjust enrichment and introduction of bribery. B. C does not use the convenience of his position to seek benefits for others, so the crime of accepting bribes is not established. C. C returns the property after failing to gain benefits for others, so the crime of accepting bribes is not established. Crime D. Ding returned the 10,000 yuan bribe to A instead of handing it over to the judicial authorities, which constituted the crime of helping to destroy evidence

95. In a fraud case, the defendant A was 17 years old.

During the court hearing, A's father B filed an application to request the clerk C, who was responsible for recording the trial, to recuse himself. The reason was that he heard that the victim's father, D, had invited C out for dinner before the trial. Regarding avoidance in this case, which of the following statements are correct? A. B's application for recusal must be approved by A. B. When B applies for recusal, he must provide corresponding supporting materials. C. Whether to approve the application for recusal in this case shall be decided by the presiding judge. D. Whether to approve the application for recusal in this case shall be decided by Decision of the President of the Court

96. During the trial of a public prosecution case, which of the following options are the circumstances under which the collegial panel should decide to postpone the trial? A. The defender applies to notify new witnesses to appear in court, and the judge believes that it may affect The facts of the case are determined B. B. The prosecutor requested supplementary investigation C. The defendant refused the defender to defend him in court and requested to appoint another defender in accordance with the law D. The defendant suffered from a serious illness, which made it impossible to continue the trial for a long period of time

97. The defendant Li Yang was sentenced to death with a two-year suspended sentence by the Intermediate People’s Court in the first instance for intentional homicide and espionage. During the appeal period, the People's Procuratorate believed that the People's Court's sentencing was inappropriate and lodged a protest in accordance with the law. After the second-instance court did not hold a hearing, it believed that the first-instance court made no mistakes in determining the facts and the sentence was too light. It revoked the original verdict in accordance with the law and changed the sentence to death penalty for immediate execution. It also approved the execution of the death penalty for immediate execution. Which practices in this case are illegal? A. The court of second instance changed the sentence of death to the defendant and was executed immediately. B. The court of second instance approved the execution of the death penalty. C. The court of second instance did not remand the case for retrial. D. The court of second instance did not hold a hearing to hear the case.

98 , which of the following statements is correct? A. During the administrative review process, the respondent shall not collect evidence from the applicant and other relevant organizations or individuals on its own. B. The respondent shall not submit a written reply in accordance with the regulations or submit the original specific If the administrative action contains evidence, basis and other relevant materials, it will be deemed that the specific administrative action has no evidence and basis, and the specific administrative action will be revoked. C. If the administrative review authority orders the respondent to make a new specific administrative action, the respondent shall not Taking the same or basically the same specific administrative action as the original specific administrative action based on the same facts and reasons. D. The administrative review authority shall make an administrative review decision within 60 days from the date of accepting the application, but the administrative review period prescribed by law is less than 60 days. Except

99. In May 2001, the Public Security Bureau of a certain city launched a criminal investigation against X on suspicion of fraud. The Public Security Bureau took A to the bureau for interrogation for 48 hours, searched A's residence, seized 100,000 yuan in cash found, froze 200,000 yuan in bank deposits found, and placed A under residential surveillance. In January of the following year, the Public Security Bureau decided to confiscate the illegal income of 100,000 yuan and lift the freeze on the grounds that A had published false advertisements and defrauded students of tuition fees. Since then, the Public Security Bureau has not dealt with A's fraud, and A filed an administrative lawsuit with the court. Which of the following acts can be the subject of court proceedings? A. Confiscate illegal income of 100,000 yuan B. Seize cash of 100,000 yuan. C. Freeze bank deposits of 200,000 yuan D. Hold for interrogation for 48 hours

100. Liu Jiayu, a farmer in a county in Tianjin City, was suspected of rape * case and was criminally detained by the County Public Security Bureau. Later, the County Public Security Bureau arrested Liu Jiayu with the approval of the County Procuratorate. After the first-instance People's Court heard the case, it ruled that Liu Jiayu was not guilty. Therefore, Liu Jiayu filed a request for state compensation to the relevant authorities. Then the following statement about this case is correct: A. The subject of the obligation to compensate should be the County Public Security Bureau and the County Procuratorate. B. The subject of the obligation to compensate should be the County Procuratorate. C. The judgment of the first instance court should be used as a legal document confirming that Liu Jiayu was wrongly arrested. D. The subject of compensation obligation should be