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Related question bank questions on basic legal knowledge (2)

71. In the transfer of debts, which of the following statements is correct (B)

A. The transfer of debts must obtain the consent of the debtor to be effective B. The transfer of debts must obtain the consent of the creditor The assignment of creditor's rights and the transfer of debt shall be effective only if the other party's consent is obtained

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72. According to the provisions of the "General Principles of Civil Law", the following torts are subject to presumptive fault liability: (B)

A. The official tort of state agency personnel caused damage to others B. Buildings and suspended objects on buildings cause damage to people

C. Pollution of the environment causes damage to people D. Highly dangerous operations cause damage to people

73. According to the laws of our country, state-owned land The transferor of the use rights transfer contract should be (B)

A. Enterprise legal person B. Land management department of the municipal and county people's government C. Social organization legal person D. State

74. When a real estate owner sells his real estate, the following persons who do not enjoy the right of first refusal are (B)

A. Lessee B. Mortgagee C. Mortgagee D. ***Someone

75. my country’s Trademark Law stipulates that domestic trademark registration applicants do not include (D).

A. Legal person B. Individual business owner C. Individual partnership D. All natural persons

76. The principle of company establishment stipulated in my country's "Company Law" is (D).

A. Liberalism B. Franchise doctrine

C. Administrative licensing doctrine D. Combination of norms doctrine and approval doctrine

77. According to the "Company Law" According to the regulations, the promoters of a joint-stock company shall not transfer the shares of the company held by them within the specified period. This period is (D).

A. Within 5 years from the date of establishment of the company B. Within 3 years from the date of establishment of the company

C. Within 2 years from the date of establishment of the company D. From the date of establishment of the company Within 1 year from the date of bankruptcy

78. According to the provisions of the enterprise bankruptcy legal system, among the following, the court with jurisdiction over enterprise bankruptcy cases is (A).

A. The court where the debtor is domiciled B. The court where the applicant is domiciled

C. The court where the enterprise’s bankruptcy property is located D. The court chosen by the creditor and the debtor through agreement

79. Local regulations formulated by the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government shall be announced by (A) announcements.

A. Standing Committee B. Presidium of the General Assembly C. Local government at the same level D. State Council

80. The "Administrative Punishment Law" stipulates that organizations authorized by laws and regulations to impose administrative penalties Which of the following authorities shall bear the legal consequences? (A)

A. Organizations authorized by laws and regulations B. Organizations that formulate laws and regulations

C. Organizations that formulate laws and regulations People's Government at the same level D. Reconsideration authority

81. According to the "Emergency Response Law", natural disasters, accident disasters, and public health incidents are divided into ( A )

A. Level four of particularly serious, major, major and general B. Level three of particularly major, major, major

C. Especially major, major two D. Extreme Five levels: major, particularly major, major, relatively large and general

82. my country's "Insurance Law" stipulates that the registered capital of insurance companies adopts (A).

A. Paid-in monetary capital B. Authorized capital C. Monetary capital D. Physical capital

83. The purpose of state supervision of the insurance industry does not include (D).

A. Prevent the failure of insurance operations B. Avoid unreasonable operations

C. Supplement the deficiencies of industry self-management D. Eliminate free competition

84. my country The tax law's method for avoiding international double taxation of resident and corporate income tax is (D).

A. Tax exemption B. Tax sparing C. Full tax credit D. Limited tax credit

85. According to the current tax law, the matters that are subject to personal income tax are: (B).

A. Scientific and technological innovation bonus issued by the provincial government B. Income from the transfer of a 3-year-old minivan

C. National debt D. Insurance compensation

86. If the pollution prevention and control facilities of a construction project are not completed or fail to meet the requirements stipulated by the state and are put into production or use, which department shall order the suspension of production or use and may impose a fine? (D)

A. Construction Project The competent department of the construction project B. The planning department of the construction project C. The approval department of the construction project

D. The environmental administrative department that approves the environmental impact report of the construction project

87. According to According to the provisions of my country's "Environmental Protection Law", under which of the following circumstances should the environmental protection administrative department impose fines on relevant enterprises and institutions? (D)

A. The pollution prevention and control facilities of the construction project have not been completed or Failure to meet the requirements stipulated by the state and put into production or use

B. Refusal to report or falsely report relevant pollutant discharge declaration matters stipulated by the environmental protection administrative department of the State Council

C. Refusal The environmental protection administrative department or other departments that exercise environmental supervision and management power in accordance with the law conduct on-site inspections or commit fraud when inspected

D. Without the consent of the environmental protection administrative department, dismantle or leave idle for pollution prevention and control Facilities whose pollutant discharge exceeds the prescribed emission standards

88. A and B signed a purchase and sale contract. During the performance of the contract, the two parties had disputes and brought them to court. During the trial, the court found that the subject matter of the contract was something prohibited from circulation by the state, and that all other terms were complete and in compliance with regulations. Based on this, the court determined that the contract was (A).

A. All invalid B. Partially valid, partially invalid

C. The subject clause is invalid, other clauses are valid D. Valid after reconciliation between the two parties

89. Unless otherwise provided by law or otherwise agreed upon by the parties, the third party has the obligation to convey the expression of intention. If the third party miscommunicates or fails to communicate due to negligence, causing losses to others, the person who bears the liability for compensation is (C)

A. The third party B. The recipient of the expression of intention

C. The person expressing the intention D. The expression of intention and the third party

90. The following acts regarding authorization The correct statement about the difference between it and an entrustment contract is (C).

A. The authorization must be in written form, while the entrustment contract can be in written form or oral form

B. The authorization can be ratified afterwards, while the entrustment contract must be in advance Conclusion

C. The authorization act is a unilateral legal act, while the entrustment contract is a legal act of both parties

D. The authorization act is a practical legal act, while the entrustment contract is a consensual legal act

91. Among the following rights, the one that belongs to personality rights is (A).

A. Honor rights B. Reputation rights C. Parental rights D. Spousal rights

92. If the damage is caused by emergency evacuation, if the danger is caused by human factors, Then (C)

A. The emergency evacuation person and the person who caused the danger shall bear the civil liability. B. The emergency evacuation person shall bear the civil liability.

C. The person who caused the danger shall bear the civil liability. Civil liability D. Belongs to force majeure and is not exempt from liability

93. Among the following principles, the ones that are not included in the attribution principle for civil liability determined in my country's "General Principles of Civil Law" are (C).

A. Principle of fault liability B. Principle of no-fault liability

C. Principle of equivalent compensation D. Principle of fair liability

94. The following is civil liability In the judgment of the causal relationship that constitutes the elements, the correct one is (D)

A. The direct cause is not necessarily the main reason, but the main reason must be the direct cause

B. Indirect cause It is not necessarily a secondary cause, but the secondary cause must be an indirect cause

C. The condition does not play a decisive role in the occurrence of the result, so it is only a secondary cause

D. Condition It has a certain influence and effect on the occurrence of the result, but it does not constitute a cause

95. Among the following legal relationships, which one is an identity relationship regulated by civil law (C).

A. Inheritance relationship B. Relationship between employer and employee

C. Relationship between parents and adult children D. Recipient’s relationship with his/her honorary certificate

96. A bought beer produced by Factory C in Store B. When he opened it, an explosion occurred and A was injured. It was found that the explosion was caused by the illegal use of wine bottles in Factory C. The following statement is correct (C).

A. A can only claim against store B B. A can only claim against factory C

C. A can claim against store B or factory C D. Store B compensates A for the damage You cannot recover compensation from Factory C later

97. The following civil liability methods for breach of contract are (C).

A. Stop the infringement B. Apologize C. Pay liquidated damages D. Remove obstacles

99. According to the conditions for constituting a debt for unjust enrichment, any of the following facts do not constitute unjust enrichment The fact of the debt is (D)

A. A. A should pay B a rent of 8,000 yuan in the house lease contract in 1998, and A paid double rent to B, and B actually paid 16,000 yuan. .The post office mistakenly sent A’s parcel to B

C. A’s 300 sheep were mixed into B’s flock due to a storm D. A lost 80,000 yuan to B due to gambling

100. The sales contract signed by A and B stipulates that A will supply the goods first and pay 10 days after the goods arrive. During the performance of the contract, A discovered that B's business conditions had deteriorated seriously and that it was difficult to pay the payment, so he suspended the performance of the contract and rejected B's performance requirements. The right of defense exercised by A belongs to (B).

A. Perform the right of defense at the same time B. Unsafe to defend the right C. Perform the right of defense first D. Perform the right of defense later According to legal regulations, if the place of performance of the delivered goods is unclear and the two parties cannot reach a supplementary agreement, the place of performance will be (A)

A. The location of the supplier B. The location of the buyer

C. The location of the supplier or the buyer D. The intermediate place between the supplier and the buyer

102. Li bought a bottle of cooked food produced by a certain meat factory from a supermarket Canned food, food poisoning after eating canned food, costing tens of thousands of dollars in medical expenses. Later, the court found out that the batch of cans was transported back by a transportation company entrusted by a supermarket, but the transportation company did not take refrigeration measures during transportation, causing the cans to deteriorate.

Li can request the following persons to bear civil liability (A).

A. Supermarket or meat factory B. Supermarket or transportation company C. Meat factory or transportation company D. Supermarket and transportation company 103. Which of the following legal documents is not applicable to the lien service method (D ).

A. Judgment for contract disputes B. Ruling for property preservation

C. Ruling for advance execution D. Mediation letter for divorce disputes

104. The first-instance collegial panel (C) of the People's Court that tries civil cases.

A. It can only be composed of judges and jurors. B. It must be composed of all judges.

C. It can be composed of both judges and jurors. All should be composed of judges D. All should be composed of jurors 105. In the representative litigation system of my country’s civil litigation, a large number of parties suing or responding to the lawsuit refers to (B).

A. More than five people B. More than ten people C. More than fifteen people D. More than twenty people

106. Litigation over which two or more people’s courts have jurisdiction , if the plaintiff files a lawsuit in two or more people's courts with jurisdiction, the case shall be handled by (D).

A. The jurisdiction of the court where the plaintiff is domiciled B. The jurisdiction of the court where the defendant is domiciled C. The jurisdiction of the superior court of several courts with jurisdiction D. The jurisdiction of the court that filed the case first

107 . In order to avoid going around a long way, the right to negotiate with neighbors to directly reach one's own land through their land belongs to (B).

A. Neighboring rights B. Easement C. Surface rights D. Land use rights

108. Which of the following statements about state-owned land use rights is correct (D) .

A.. The subject matter of state-owned land use rights can be either state-owned land or collective land

B. Regardless of how the state-owned land use rights are obtained, There are restrictions on the use period

C. State-owned land use rights cannot be transferred

D. The acquisition of state-owned land use rights includes two methods: transfer and allocation

109. Possession is de facto possession of a thing. The following possessions are illegal possessions: (C)

A. A rents B’s house to live in B. A possesses and uses his own computer

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C. A takes a found mobile phone as his own D. A repairs a watch for B and keeps the watch when B fails to pay the repair fee

110. Attachment is original A way to obtain ownership of movable property. Among the following options, the attachment behavior is (C). A. Making other people’s wood into furniture B. Raised fish swimming into other people’s fish ponds

C. The lessee lays the floor in the rented house D. Pours other people’s wine into his own wine container Wine altar

111. Sun dry-cleaned a set of expensive suits at a certain laundry. Later, Sun refused to pay the laundry fee, so the laundry can (B)

A. The suit is already owned B. Exercising the right of lien C. Exercising the right of pledge D. Exercising the right of mortgage 112. In practice, among the following ways of obtaining property ownership, the one that belongs to the original acquisition is (B)

A . A TV set bought in a store B. Interest earned on a bank deposit

C. A house obtained through inheritance through a will D. A car obtained as a reward

113. A house is a A borrows money from B as a mortgage. During the mortgage period, A wants to sell the house to C and informs him about the mortgage situation. In this regard, the following statement is correct (A).

A. A has the right to sell the house, but must notify mortgagee B in advance

B. A can sell the house without notifying mortgagee B in advance

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C. A can sell the house, but must obtain the consent of mortgagee B

D. A has no right to sell the house because a mortgage has been set up

114. According to my country's "Guarantee Law", after the pledge takes effect, who will bear the risk of loss of the pledged property? (A)

A. Pledgor B. Pledgee C. Pledge Person or pledgee D. Pledgor and pledgee

115. Income is the economic benefit obtained through the possession, use, operation and transfer of property. Right to income (D).

A. Can only be exercised by the owner B. Can only be exercised by the non-owner C. Can only be exercised by the owner and the non-owner *** D. Can be exercised by both the owner and the non-owner It can be exercised by non-owners in accordance with the law

116. When the following properties are used as mortgage, according to the "Security Law", after signing the mortgage contract, the mortgage effect will be effective even without registration (B).

A. Car B. Cloth C. Company machinery D. Forest trees

117. Zhao mortgaged his Xiali car for 50,000 yuan to Li. And the mortgage registration was carried out in accordance with the law. Later, the car was scrapped due to a traffic accident, and the insurance company compensated 80,000 yuan. The mortgage relationship between Zhao and Li (D).

A. Becomes invalid B. Continue to be valid, and the 50,000 yuan in insurance compensation should continue to be used to guarantee Zhao’s debt to Li. C continues to be valid, and the entire insurance compensation of 80,000 yuan should be used to continue to guarantee Zhao's debt to Li

D. is terminated, and Zhao should pay off Li's debt in advance with insurance compensation

118. A borrowed 200,000 yuan from B, and A will A house worth 190,000 yuan was mortgaged to B, and both parties entered into a written mortgage contract. However, because the registration fee was too high, the registration was not completed with B's consent. In addition, A pledged one of his computers worth more than 10,000 yuan to B, and the two parties entered into a pledge contract. B decided to keep it at A's place because he didn't know how to use a computer. One year later, A was unable to repay the debt due to business losses, and B requested to exercise the mortgage and pledge rights.

The correct judgment in this case is (A)

A. Both the mortgage right and the pledge right are invalid B. The mortgage right and the pledge right are both valid

C. The mortgage right is valid and the pledge The right is invalid D. The mortgage right is invalid and the pledge right is valid

119. According to the provisions of our country’s constitution, which of the following statements is incorrect? (A)

A. Urban land belongs to The land in rural areas and urban suburbs is owned by the state. Unless it is owned by the state as stipulated by law, it is collectively owned

B. Homesteads, private plots, and private hills are collectively owned

C .The state can expropriate or expropriate land for the sake of public interests

D. The ownership of land can be transferred in accordance with the provisions of the law

120. According to the current Constitution According to regulations, regarding civil rights and freedoms, which of the following options is correct? (D )

A. Labor, education and military service in accordance with the law are both the basic rights and basic obligations of citizens

B. The subject of the right to rest is all citizens

C. Citizens have the right to receive material assistance from the state and society when they are old, ill or have not lost the ability to work

D. The 2004 "Constitutional Amendment" stipulates that the state respects and protects human rights

121. The establishment of the National Legal Publicity Day fully reflects the importance of the Constitution in my country's political, economic and social life. status, its specific time is every year (C)

A. January 24 B. October 18 C. December 4 D. December 18

122 , the "Sixth Five-Year Plan for Carrying out Legal Publicity and Education among Citizens" (C) forwarded by the Central Propaganda Department and the Ministry of Justice of the Central Committee of the Communist Party of China and the State Council began to be implemented.

A. 2009 B. 2010 C. 2011 D. 2012

123. According to the provisions of our country’s laws, administrative penalties that restrict personal freedom (C).

A. Can be set by laws, administrative regulations and local regulations B. Can be set by laws and administrative regulations

C. Can only be set by law D. Can only be set by law Set by administrative regulations

124. In bankruptcy proceedings, after the settlement agreement reached by the debtor and the creditors meeting takes effect, the person who should be bound by the settlement agreement is (D).

A. The debtor B. The rights of the settlement creditor against the debtor's guarantor Debtor 125. According to the provisions of the corporate bankruptcy legal system, the administrator's remuneration is determined by (D).

A. Creditors' meeting B. Chairman of creditors' meeting C. Creditors' committee D. People's court

126. Enterprise directors, supervisors or senior managers violate their duties of loyalty and diligence, causing the company to If an enterprise goes bankrupt, the enterprise shall not serve as a director, supervisor, or senior manager of any enterprise within (B) one year from the date of termination of the bankruptcy proceedings.

A.1 B.3 C.2 D.5

127. After giving priority to the bankruptcy expenses and profit debts, the bankruptcy estate should first pay off ( A).

A. The wages, medical care, disability benefits, and pensions owed by the bankrupt to employees shall be transferred to the basic pension insurance and basic medical insurance expenses of the employees’ personal accounts, as well as laws and administrative regulations. Provisions on the compensation that should be paid to employees

B. Social insurance premiums owed by the bankrupt other than those specified in the preceding paragraph and taxes owed by the bankrupt

C. Ordinary bankruptcy claims D. Priority

128. According to the "Securities Law", the agency that implements centralized and unified supervision and management of the national securities market is (A)

A. The Securities Regulatory Authority of the State Council B .Shanghai and Shenzhen Stock Exchanges

C Securities Industry Association D. Securities Service Organizations

129. According to the provisions of the Securities Law, issuing securities to specific objects with a cumulative total of more than 200 people is a (D)

A. Non-public issuance B. Private placement C. Issuance that should be underwritten by an underwriting syndicate D. Public issuance

130. Investment advisory agencies, financial advisory agencies, credit Personnel engaged in securities service business of rating agencies must have professional securities knowledge and experience in securities business or securities service business (B) or above.

A. Five years B. Two years C. Three years D. Four years

131. A joint-stock company plans to issue shares to the public and go public. According to the relevant provisions of the securities legal system, among the following items, those that meet the conditions for the company's initial public offering of stocks and listing are (C)

A. The actual controller of the company changed in the previous year B. The company's The deputy general manager of Company C serves as a supervisor among the controlling shareholders. The general manager of Company C serves as a deputy general manager among the controlling shareholders.

D. The deputy general manager of the company was administratively punished by the China Securities Regulatory Commission last year

132. In accordance with the Securities Law, if the relevant parties are dissatisfied with the stock exchange’s decision not to grant listing, suspend listing, or terminate listing, the relevant parties may (C).

A. Apply for review to the review agency established by the Securities Association

B. Apply to the review agency established by the Securities Regulatory Authority of the State Council

C. Apply for review by the review agency established by the stock exchange

D. File a lawsuit with the Intermediate People's Court where the stock exchange is located

133. After the Wenchuan earthquake occurred on May 12, 2008, Citizen A A person participated in earthquake relief and emergency rescue work for two months, then his salary and benefits in his unit during this period (D).

A. No change B. Doubled C. No enjoyment D. Determined by the unit where you work

134. In July 2009, a huge debris flow disaster occurred in County A of a certain province , unfortunately five staff members were killed during the disaster relief and rescue process. Which of the following departments should provide compensation according to law? (C)

A. The State Council B. The civil affairs department C. The people's government at or above the county level D. Local government Party committees at all levels

135. If the people's government at the county level where the emergency occurs cannot eliminate or effectively control the serious social harm caused by the emergency, it shall (C).

A. Report directly to the State Council B. Release information in a timely manner and publicize it widely

C. Report to the people's government at the higher level in a timely manner, and report directly to the people's government at the provincial level if necessary D. Directly report to the people at the provincial level Government Report 136. The "Emergency Response Law" stipulates that the administrative leading agency for emergency response work is the State Council and the local people's government at or above (A).

A. County level B. Prefecture level C. Provincial level D. Township level

137. According to the provisions of the "Civil Service Law", the system implemented for the management of civil servants in our country is: (D).

A. A single management model for party and government cadres B. A centralized and unified management model for civil servants

C. Classified management D. Classified management based on positions

138 .According to the provisions of the Civil Servant Law, which of the following functions is beyond the scope of the civil service department? (D)

A. Organize the implementation of laws and regulations for civil servants

B. Provincial-level civil service authorities can draft and formulate laws and regulations for the management of local civil servants

C. Correct and deal with violations of civil servant management laws and regulations

D. Formulate laws for the management of civil servants

139. Regarding the regulations on the categories of civil servant positions in our country, which of the following statements is incorrect? (A)

A. There are comprehensive management and professional and technical categories in our country’s civil servants. , three categories of administrative law enforcement positions

B. In addition to the three categories of positions listed in the Civil Service Law, there are also positions such as prosecutors and judges

C. In the future, they will be divided according to practical needs. New position category D. For those with special requirements that require separate management, other positions can be added

140. The "Civil Service Law" stipulates that the recruitment of civil servants must be done within the prescribed (D).

A. Scope of authority B. Vacancies C. Recruitment standards D. Staffing quota

141. According to the Civil Servant Law, agencies can, based on work needs and with the approval of (B), Appointment of certain positions

A. The State Council B. Civil service departments at or above the provincial level

C. Civil service departments at or above the municipal level D. Civil service departments at or above the county level

142. The Construction Department of Province A has decided to implement an appointment system for a group of positions. According to the Civil Servant Law, which of the following positions cannot be subject to an appointment system? (A)

A. B. those involving state secrets . Involving technical matters

C. Involving auxiliary work D. Involving strong professionalism

143. According to the relevant provisions of the Civil Servant Law, the Civil Servant Law regulates the positions of leading members. The appointment and removal is implemented in (D).

A. Appointment system B. Selection system C. Appointment system D. Term system

144. Which of the following behaviors constitutes the crime of bribery? (D)

A. In order to settle down normally, student A voluntarily gave 30,000 yuan to the household registration policeman

B. A small construction company was not qualified to bid. In order to bid, its manager B found the director of a certain bureau in charge of bidding through a friend. The director asked B to give him 100,000 yuan. B had to give the director 100,000 yuan. Since other leaders firmly disagreed, B's company was not qualified to bid.

C. Individual C has met the conditions for resolving the separation from his wife, but the leader did not allow him to handle it. He had to give 20,000 yuan to the head of the unit

D. In order to be promoted to deputy director in advance, a section chief gave a gift of 100,000 yuan to the director. One month later, he was appointed as deputy director. 145. Zhang, the manager of a collectively owned enterprise, took advantage of his position to seek benefits for others and demanded 10,000 yuan in cash from others. His behavior constituted (D).

A. The crime of accepting bribes B. The crime of embezzlement C. The crime of extortion D. The crime of accepting bribes by non-state staff

146. A severe flood disaster occurred in a certain county, and the superior allocated timely funds to the county. County disaster relief fund of 2 million yuan. The county magistrate misappropriated all the money to build the county government office building and buy cars, which resulted in the victims being unable to get timely assistance, causing serious consequences. The behavior of the county magistrate constitutes (C).

A. Crime of misappropriation of public funds B. Crime of misappropriation of funds C. Crime of misappropriation of specific funds and property D. Crime of embezzlement of duties

147. Liu is a department manager of the branch of the Industrial and Commercial Bank of China. In October 1997, he took advantage of his position to misappropriate 2 million yuan of public funds for personal business. An accident occurred during transportation of the goods purchased with the funds, resulting in a total loss. Liu is no longer able to return the embezzled public funds. Liu’s behavior constitutes (B).

A. Crime of misappropriation of funds B. Crime of misappropriation of public funds C. Crime of corruption D. Crime of job embezzlement

148. A state-owned biscuit factory entrusted Zhang, the manager of B’s private company, to go to other places to meet with C The company signed a biscuit purchase and sale contract. Zhang took advantage of his position as A's agent and accepted a "favorable fee" of 50,000 yuan from Company C when signing the biscuit purchase and sale contract. Zhang's behavior (A).

A. Constitutes the crime of accepting bribes B. Constitutes the crime of accepting bribes of company or enterprise personnel

C. Constitutes the crime of job embezzlement D. Does not constitute a crime

149. A is He allowed his brother B to escape punishment and gave 50,000 yuan to C, the presiding judge of the collegial panel who was hearing B's suspected illegal detention case. At the trial committee, C tried to exonerate B, but failed, so C returned the 50,000 yuan received to A. After an ideological struggle, A went to the judicial authority and voluntarily confessed his bribery to C. Regarding the handling of this case, which of the following statements is correct (A).

A. A. The behavior of A should be punished as bribery B. The behavior of C should be deemed as bribery and suspended

C. The penalty provisions of the General Principles of Criminal Law on surrender should be applied to A. D , A can be given a lighter punishment

150. Li’s husband is the director of a certain public security bureau. One day, Li's husband was not at home. A man came to his house and asked Li's husband to release his arrested son. He handed Li 30,000 yuan and asked Li to tell his husband about the matter. Li accepted the 30,000 yuan and waited for her husband to return home. Li told her husband about the incident and handed the 30,000 yuan to her husband, who happily accepted it. (A)

A. Punish Li as a criminal for accepting bribes B. Li’s behavior constitutes the crime of embezzlement