2002年法硕大纲样题--刑法学及答案（2002 - Fashuo outline of criminal law and answer the questions）.doc

1、2002年法硕大纲样题-刑法学及答案（2002 - Fashuo outline of criminal law and answer the questions）2002 - Fashuo outline of criminal law and answer questionsA single choice (the four option is only one option is correct, please correct options on the answer card, the corresponding letter. 1 points for each question,

2、 20 points1., criminal law is divided into broad sense criminal law and narrow criminal law. Broad criminal law includes ().A. criminal code, special criminal law and judicial interpretationB. criminal code, subsidiary criminal law, judicial interpretationC. criminal code, criminal procedure code an

3、d judicial interpretationD. criminal code, special criminal law and subsidiary criminal law2., the principle of suiting punishment to crime and punishment requires that punishment should be adapted to criminals.A. personal danger and criminal responsibilityB. social harmfulness and criminal responsi

4、bilityC. offences and criminal liabilityD. criminal attitudes and criminal responsibilities3., in accordance with the provisions of Chinas criminal law, a A nationals in a train running within the territory of our country on the train B nationals C intentional homicide, it should apply ().A.A nation

5、al criminal law, B.B criminal law, C.C criminal law, D. criminal law of our country4.1997 years in March 10th, a go out, the value of 50 thousand yuan of goods to the custody of B, and leave the storage credentials. In November 5, 1997, a return to reclaim B B items, but refused to return. In this r

6、egard, after accepting a criminal case of private prosecution by the peoples court, the peoples court shall ().A. according to the criminal law, identified as a crime, criminal responsibilityB. in accordance with the civil law, deemed unjust enrichment, order restitutionC. acts according to the crim

7、inal law and is deemed not to constitute a crimeD. is not considered a legal adjustment5. violation of criminal law, ().A. even if the plot is minor, minor harm, has also constituted a crimeB. if the plot is minor and minor, it may not be considered a crimeC. if the plot is minor and minor, it can b

8、e regarded as a crimeD. if the plot is minor and minor, and the harm is not great, it shall not be deemed a crime6. A and B are adults, a can swim, B will not. A proposal to teach B to swim and to ensure the safety of b. In the process of learning swimming, a reason for the work, put forward the sus

9、pension of teaching, to go back ashore. B because travel is strong, not to go back to the shore. After a departure, B drowned. In this regard, the act of a person ().A. has constituted intentional homicide, belonging to impure nonfeasance crimeB. has constituted the crime of dereliction of duty and

10、belongs to impure nonfeasance crimeC. has constituted intentional homicide and belongs to pure nonfeasance crimeD. does not constitute a crime and does not conform to the constitutive requirements of non crime7. a person who has reached the age of 14 and under 16 shall commit criminal responsibility

11、 for the following crimes.A. homicide, injury, robbery, rapeB. drug trafficking, the manufacture of narcotic drugs, arson, poisoningC. intentional homicide, explosion, drug traffickingD. intentional injury, kidnapping, robbery and rape8., according to the provisions of the criminal law in China, a d

12、runken man who commits a crime shall bear criminal responsibility. ().A., but lighter and lighter punishmentB. but may be lighter, mitigated or exempted from punishmentC. and should be given a lighter and mitigated punishmentD. is regarded as a normal person,There is no special criminal liability pr

13、ovision9. A and B to B to kill the enemy. One day, see a B and C is a rope hanging on the air with clean building exterior glass, then cut the rope, to B and C together to death. In this regard, the subjective crime form is ().A. has direct intent on the other, and has two sins of indirect intent to

14、 CB. has direct intent on the other, and has two sins for the credulity of the faultC. has direct intent on the second, and death of the second depends on the death of the second, only one sinD. has direct intent on the second, and has only one fault for the accident of C10. day, a homemade master k

15、ey to the house to steal, as it opened the door, suddenly heard a sound of footsteps coming from far and near, a hastily pulled out the key, fled the scene. The act of a person belongs to ().A. crime preparation, B. attempted crimeC. discontinued the discontinuation of the D. crime preparation proce

16、ss11., according to the theory of criminal law and the provisions of the criminal law, implicated offender ().A. can only belong to a crime, according to from a broken principle.B. is the number of crimes, according to the principle of punishmentC. in addition to the provisions of criminal law punis

17、hment, the rest of the press from a broken principle.D. from a broken in addition to the provisions of the criminal law, the other by graft treatment12. a guilty of robbery and was sentenced to 7 years in prison, 3 years later, again was sentenced to 8 years in prison the crime of intentional injury

18、 crime, crime of escape was sentenced to 5 years in prison. According to the principle of graft, on a (in) punishment.A.8 years or above, less than 20 years, more than B.7 years, less than 20 yearsC.5 years or above, less than 20 years, more than D.8 years, less than 17 years13., according to the pr

19、ovisions of the criminal law, there should be a heavier punishment.The ringleader in the A. crime group and the principal offender in a joint crimeB. instigator of persons under 18 years of age, instigator of crime, accomplished offenderC. instigator of persons under 18 years of age, instigator of c

20、rime, recidivismD. recidivism, criminals who endanger national security14. guilty of acceptance of bribes, judicial authorities have taken coercive measures. A, in judicial organs have mastered his bribery 20 thousand yuan on the basis of, and voluntarily confessed his other bribery 30 thousand yuan

21、 and corruption 50 thousand yuan fact. In this regard, a ().A. voluntarily confessed bribery and embezzlement crimes, all belong to surrenderB. voluntarily confessed bribery and embezzlement crimes, are meritoriousC. voluntarily confessed bribery crimes belong to confess, voluntarily confessed corru

22、ption crimes belong to surrenderD. voluntarily confessed bribery and corruption crimes, do not belong to surrender15. a crime committed in January 5, 1996 (a large amount), according to the criminal law in 1979 the statutory punishment for 5 years imprisonment, according to the 1997 criminal law, st

23、atutory sentence of imprisonment of less than 3 years. In January 4, 2001, a robbery committed again, the statutory provisions of the criminal law for more than 3 years, less than 10 years imprisonment. The limitation of a theft ().A. should be calculated from January 5, 1996, and the limitation of

24、prosecution is 10 yearsB. should be calculated from January 5, 1996, and the limitation of prosecution is 5 yearsC. should be calculated from January 4, 2001, and the limitation of prosecution is 10 yearsD. should be calculated from January 4, 2001, and the limitation of prosecution is 5 years16. a

25、spite of revenge, to use explosives to a railway destroyed, resulting in a passing train overturned, the serious consequences caused many deaths and dozens of people injured.The act of a person shall constitute ().A. explosion B. damage traffic facilities crimeC. crime of sabotaging vehicles, D. int

26、entional homicide and intentional injury17., in order to profit, a large number of sales without efficacy, but not enough to seriously endanger human health counterfeit drugs, profit 100 thousand yuan. The act of a person has constituted (.).A. selling counterfeit drugs, B. selling fake and shoddy p

27、roductsC. D. the crime of illegal business crime drugs sales18. a kidnapped for the purpose of extortion of the second. The ransom, in order to prevent Zuiji will kill to kill out, B. The act of armour ().A. constitutes a crime of kidnappingB. constitutes a crime of intentional homicideC. constitute

28、s two crimes of kidnapping and intentional homicideD. constitutes the crime of illegal detention, extortion and intentional homicide of three crimes19. armour know second go out, want to sneak into second home, execute theft. But because he was ill and returned home halfway, he was lying on a bed wi

29、th mosquito nets. When come to a theft, not silent for fear of B, resulting in a in unknown circumstances, stolen property. In this regard, a persons behavior has constituted ().A. robbery crime B. theftC. illegal invasion of other peoples homes, crimes and theft, D. robbery20., a state-owned enterp

30、rise sent to a joint venture company as deputy general manager, the use of his post, the companys huge funds accounted for. The act of a person has constituted (.).A. embezzlement of public funds, B. misappropriation of fundsC. embezzlement crime D. duty embezzlement crimeTwo, multiple-choice questi

31、ons (the following four options in two to four options is correct, please correct options on the answer card, the corresponding letter, more or less choose not to score. 1 points for each question, 10 points21. in the following kinds of punishments, the additional punishment is ().A. forfeiture of p

32、roperty B. fineC. deported D. deprived of political rights22. in the form of the following crimes, one of the actual sins is ().A. imaginative joinder of offenses, B., absorption offenseC. implicated offender, D. consequence, aggravated offense23., in the subjective aspect of crime, the necessary el

33、ements of a crime are ().A. criminal purpose; B. crime; intentionalC., criminal negligence, D., criminal motivation24. in the following cases, should implement graft (is).A. has been declared criminal probation, the probation period commits another crime.B. criminals on parole, commits another crime

34、 during the probation period.During the probation period of probation, C. found that the criminals who had been sentenced to suspension had other crimes before the judgment was declared, and there was no verdictDuring the probation period of parole, D. found that the criminals who had been released

35、had other crimes before the judgment was declared, and there was no verdict25. those who have reached the age of 14 and under 16 years of age shall commit criminal responsibility if they commit crimesA. drug trafficking, B. robberyC. explosion D. drug smuggling crime26. in the following crimes, only

36、 members of state organs areA. dereliction of duty B. intentionally leaked state secretsC. D. of the crime the crime of breach of privilege27. crime of embezzlement and misappropriation of specific property crime difference, (including).A. criminal subject is different, B. crime object is differentC

37、. behavior object is different, D. objective aspect, set up crime condition is different28. VAT invoices or other invoices to defraud export tax rebates and other invoices to offset tax, refers to (acts).A. B. for others for their own false falseC. introduce others to others for their own false fals

38、e D.29., the differences between the crime of retaliation and the crime of accusation and accusation are as follows.A. criminal object is different, B. criminal object is differentC. criminal behavior is different, D. criminal subject is different30. according to the criminal law regulation of artic

39、le 269th, (), made for booty, resist arrest or destroy the evidence on the spot use of violence or threat of violence, in accordance with the provisions of the criminal law article 263rd that shall be convicted and punished for robbery crime.A. snatch crime, B. fraud, C. theft, D. extortionThree, un

40、certain item choice (the following four options to one of four options is correct, please answer the corresponding letter card will be the right option, more or less choose not to score. 1 points for each question, 10 points31. in the following crimes, the crime constituted only in the form of omiss

41、ion is ().A. dereliction of duty, B. lost firearms, not reported crimeC. abandonment D. unlawful possession of narcotic drugs32., according to the provisions of Chinas criminal law, the factors that affect criminal capacity are ().A. age, B. psychosisC. (Physiology) intoxication D. physical defects3

42、3. A and B , so spend heavily to kill let C B, C results were captured on the way to kill B. Then, a, constitute ().A. instigator of homicide B. the principal culprit in homicideC. discontinuation of homicide, attempted murder of D.34., in our country, the purpose of penalty is ().A. punishes crime,

43、 B. educates criminals, C. reforms criminals, and D. prevents crime35., according to the provisions of the criminal law, the circumstances of the punishment should be exempted.A. did not cause damage to the discontinuation of crime from principal offender crime lighter B.C. after committing a crime,

44、 there are major meritorious performanceD. introduces the bribe man to confess the bribe voluntarily before being prosecuted36., a car transport company workers Zhao, because of dissatisfaction with the company manager, was ordered to often drink with the sun, the companys a shuttle bus workers comm

45、ute. Zhao Cheng ().A. explosion crime B. crime of sabotaging transport vehiclesC. intentional destruction of property crime D. destruction of production and management crime37., according to the provisions of the criminal law, units can constitute ().A. B. C. tax revolt crime of tax evasion crime of

46、 money laundering crime of loan fraud D.38. one of the following circumstances constitutes the crime of abducting and selling women: ().A. kidnapped women for saleB. buys the abducted women for saleIn the process of abducting and selling women, C. raped and trafficked womenD. in order to prevent wom

47、en from trafficking, escape reporting, killing abducted women39. means of action for the offence of election, including ().A. violent B. threatens C. to cheat D. bribeAfter 40. a queen * * self health care knowledge, see the medical department director lax local management, then in their own practic

48、e listing, which results in a patients with acute disease and mistreatment of death. In accordance with the provisions of the criminal law, Wang * * should constitute ().A. negligence causing death, B. medical malpractice crimeC. illegal medical practice D.(indirect) intentional homicideFour, the la

49、w analysis questions (the answer written in the corresponding position of the answer paper, requires compliance with the original intention of the legislation and criminal law theory. 10)41. criminal law the 305th stipulation: in criminal proceedings, witnesses, expert witnesses and records, transla

50、tors have an important bearing on the case of the plot, intentionally makes a false proof, identification, recording, translation, intention to frame others or conceal evidence, three years of fixed-term imprisonment or criminal detention; plot serious, more than three years of fixed-term imprisonme

51、nt of seven years.Try to analyze the provisions of this law.Five, case analysis questions (the answer is written on the corresponding position of the answer paper. Forty-second questions, forty-third questions each, 10 points, forty-fourth questions, 15 points, a total of 35 points42., Wu (male) aft

52、er marriage gambling, sexual relationship between husband and wife. One day, Wu bet lost home to find his wife discouraged. In the process of beating his wife, instantly killing read, then give his wife a kitchen knife chopped, and to further attack. Coincides with the neighbors arrived, Wu will be

53、in the hands of kitchen knives, guns, and their education. Wu slightly to repentance, send his wife to hospital, from the death of his wife.Try to analyze the behavior of Wu, and what kind of cessation form and its criminal responsibility.43. a, male, 31 years old, in 1997 for fraud, was sentenced t

54、o 3 years in prison, released in July 2000 after serving his sentence.Second, female, 29 years old, in July 1999 for fraud, was sentenced to 2 years, 6 months imprisonment, and declared suspended for 3 years.In January 2001, the implementation of the planned dive into the home theft C and B two, whe

55、n a and B to carry huge amounts of property stolen leave C home, qiayu C returned home, a and B two violence caused minor injuries on C, fled the scene. A few days later, a and B were arrested.Test analysis: (1) what crime does a / B two constitute?(2) what kind of sentencing system should be applie

56、d when sentencing a crime to a and B?44. of them were convicted of robbery in March 1, 1991 and sentenced to 3 years imprisonment. In May 7, 1998, a shift of the machine while his wife, dressed up to go out after the crime. When a man came to a dark spot, and saw a woman in front, he knocked him dow

57、n and raped him. The woman robbed and raped after a satchel, in some money, and then fled the scene. The murdered women reported to the public security organs overnight. When the murdered woman reported home and found her satchel on the table at home, she knew it was her husband, and she had a quarrel with her husband. A crafty people know his wife, grab the property in their own homes, no matter that for second days, and his wife, the public security organs to explain the situation and take the initiative