5 1. Which of the following options is wrong about the interpretation of criminal law?
A the criminal law stipulates that "using violence, coercion or other means to * * * * women" constitutes the crime of * * *. According to the interpretation of arts and sciences, a husband forcing his wife to have sexual intercourse can be interpreted as a "* * * * woman"
B The expression of "violence and coercion" is used in both the robbery and the crime of * * * *, and the legal punishment for the two crimes is the same, so "violence and coercion" in the two crimes should be interpreted the same.
C. Since the act of robbing other people's pets for their own feeding is recognized as robbery, according to the explanation of course, the act of robbing other people's babies for their own adoption should also be recognized as robbery, otherwise it will lead to an imbalance between crime and punishment.
D. "automatically and effectively preventing the occurrence of criminal results" in the suspension of crime can be interpreted as automatically taking measures to prevent the occurrence of criminal results; It can also be interpreted as automatically taking effective measures to prevent the occurrence of criminal results, regardless of whether the criminal results occur or not.
52. Which of the following options is correct about the crime of omission?
A. When a child drowned in a public swimming pool, his father A and lifeguard B deliberately failed to save him. Both Party A and Party B have done nothing.
B. In the process of divorce proceedings, the husband mistakenly believes that he has no obligation to help his wife who fell into the water, causing her to drown, and should be guilty of negligent omission.
C.A. can save his mother in case of fire, but he didn't save his mother to save his girlfriend. If there is no reason to exclude the crime, A constitutes a crime of omission.
D.a poisoned B's coffee and handed it to C after seeing B take a few sips. For fear of being exposed, A failed to stop C from drinking coffee, resulting in the death of both B and C. A is a crime to B and a crime to C.
53. Which of the following options is correct about causality?
A. When driving through the intersection and turning right, a cigarette butt thrown by pedestrian B hit the face, causing the vehicle to run out of control and kill C. As long as there is a causal relationship between A's behavior and C's death, A should bear criminal responsibility for the crime of traffic accident.
After B.A * * * B, he threatened not to call the police, or killed B. After calling the police, B worried about being killed by A and committed suicide. Without the threat of A, B would not commit suicide, so there is a causal relationship between A's threatening behavior and B's death.
C. When driving through a section without lights at night, Party A accidentally knocked down Party C and went on, and then Party B drove over Party C while he was not looking ... Even if it can't be proved that A directly ran over C, it must be affirmed that there is a causal relationship between A's behavior and C's death.
D. Party A, Party B and others had a dispute with Party C because of trivial matters, and then they fought with each other at the elevator door. The elevator door was squeezed and deformed by external force, which caused Party C to fall into the elevator passage and die. Although it involves the abnormal opening of the elevator door, it should be affirmed that there is a causal relationship between the behavior of Party A and Party B and the death of Party C..
54. Which of the following is correct about unit crime?
A As far as the same crime is concerned, the accomplished standards of unit crime and natural person crime are exactly the same.
B article 170 of the criminal law does not stipulate that a unit is the subject of the crime of counterfeiting currency, so if a unit forges currency, the relevant natural person does not constitute a crime.
Manager Zhao of C, in order to safeguard the company's interests, called the employees of his unit to beat the court executors and refused to execute the effective judgment, and set up a unit to commit a crime.
After the business license of Company D was revoked, it was found that it sold 200,000 yuan of fake and inferior products. In this regard, the criminal responsibility of the crime of selling fake and inferior products by relevant natural persons should be investigated.
55. Which of the following is correct about the understanding of intention and illegality?
A. Party A mistakenly believes that buying and selling gold constitutes a crime of illegal business operation, but it has not actually violated the criminal law. A intentional crime, attempted crime.
B.A. mistakenly thought that stealing a gun was just theft. There are mistakes in understanding the provisions of the criminal law, there is no criminal intent to steal guns, and the sentencing of A cannot be heavier than theft.
C Chen Mou, a drug addict, was detained for several days. A realized that his behavior deprived Chen Mou of his freedom, but mistakenly thought that the criminal law did not prohibit ordinary citizens from compulsory detoxification. If Party A intentionally commits a crime, it shall be investigated for criminal responsibility for the crime of illegal detention.
D.A knew that his behavior was harmful, but he didn't know whether he violated the criminal law, so he consulted the middle school Chinese teacher B. After being told that it was not illegal, A carried out the behavior. But in fact, criminal law prohibits this kind of behavior. B's answer does not affect A's intentional crime.
56.a carefully set up roadblocks on the remote road where B rode a motorcycle, trying to make B fall to death. After learning of A's murder plan, C tricked his enemy Ding into riding across the road, and Ding fell to his death. Which of the following options is correct about this situation?
A. There is a causal relationship between A's behavior and Ding's death, and A is guilty.
B.A.' s behavior belongs to the wrong object and constitutes the crime of intentional homicide.
C.C. has no mistakes in his actions, which constitutes the crime of intentional homicide.
D. C's use of A leads to D's death, which may constitute an indirect principal offender.
57. While surfing the Internet in an Internet cafe, A and his girlfriend B found a bank card with a password written on the back. A card went to the ATM to withdraw money, and the previous two withdrawals were 5000 yuan. When preparing to withdraw money again, B came over and said, "Be careful, don't have an accident." A replied, "It will be ready soon." A took out 6000 yuan twice and handed it to B. After receiving the money, B stood for a while and said, "I'm leaving, be careful." A then took out 7000 yuan. Which of the following options is correct about this situation?
A. Party A finds other people's bank cards and uses them on ATM machines. According to the judicial interpretation, he committed the crime of credit card fraud.
B. Party A withdraws 5000 yuan in the first two times, and Party B shall not be held criminally responsible.
C. Party B took 6000 yuan from Party A, which constituted a crime of covering up and concealing.
D although party b didn't use the bank card to withdraw money, it also constituted a crime, and the amount of the crime was 1.3 million yuan.
58. While playing in the park, A met his enemy Hu, and suddenly had the idea of killing Hu, so he deceived his accompanying friends B and C and said, "Let's go after Hu and fool him." The three men chased Hu with sticks, causing serious disorder in the park. After chasing Hu to a remote place at the back door of the park, B and C left for some reason. Then A caught up with Hu and hit him on the head with a wooden stick, causing his death. Which of the following options is correct about this situation?
A. A is guilty of intentional homicide and provocation.
B. Whether the chasing behavior of Party B and Party C constitutes the crime of picking quarrels and provoking troubles is different from whether this behavior can lead to the obligation to rescue Hu.
C. The chasing behavior of B and C put Hu in a helpless position, but it was impossible to foresee that A would kill Hu and not establish the crime of negligent death.
D. If Party B and Party C provoke troubles and cause death, they shall be given a heavier punishment.
59. Regarding the application of probation, which of the following options is correct?
A.a is guilty of bigamy and maltreatment, and a suspended sentence can also be applied to several crimes.
B b was sentenced to 1 year control for abandonment. Even if the crime is minor, probation cannot be declared.
C c is guilty of kidnapping, but has rendered meritorious service. Even if the minimum legal penalty for this crime is five years' imprisonment, suspended sentence may be applied.
D.D. 17 was sentenced to five years' imprisonment for arson, and was convicted of perjury at the age of 23. Probation can still be applied
60. Which of the following options is correct about the limitation of prosecution?
A.A. may even be charged with hijacking an airplane 30 years later.
B. Party B embezzled 50,000 yuan from public funds for the wedding on October/October/March, 2003 and returned it on July/October/March, 2003. The time limit for suing Party B shall be calculated from 20 13 10+00.
C c intentionally slightly injured Li in 2000, and it was not until 2008 that Li reported the case and the public security organ did not file a case. 20 14 years, C was arrested for something else. We can't investigate the criminal responsibility of intentional injury of C.
D. Both Ding and Wang are guilty of contract fraud. Before the expiration of the prosecution period for contract fraud, Wang committed robbery alone. The limitation of prosecution for the crime of contract fraud shall be counted from the day when Wang commits the crime of robbery.
6 1. Which of the following acts (regardless of the quantity) should be punished as the crime of smuggling ordinary goods and articles?
A. Smuggling silver from abroad to China.
B. Smuggling used motor vehicles whose import and export are prohibited by the state
C smuggling * * articles for the purpose of dissemination but not for profit.
D smuggling of warheads and shells that cannot be assembled and used (non-waste)
62. Party A and Party B (female) began to live together on 20 12, and have a son C. Although Party A and Party B are not registered to get married, they pretend to be husband and wife, and the surrounding people recognize them as husband and wife. Which of the following analysis is correct about A's behavior?
A. If Party A maltreats Party B for a long time, it will constitute the crime of maltreatment.
B when party a hurts party c (causing minor injuries to party c), if party b fails to stop it, it shall be punished as intentional injury by omission.
C. If Party A and Party D (female) no longer live with Party B or raise Party C after receiving the marriage certificate, it may constitute the crime of abandonment.
D. If Party A and Party D no longer live together with Party B after obtaining the marriage certificate, they will have sex with Party B by force one day, which constitutes a crime of * * * *.
63. Which of the following acts constitutes fraud (regardless of the amount)?
A. A said to Li's nanny, "The laptop that Li is using now is mine. Please give it back to me. " The nanny believed it and gave the computer to A.
B. A said to B who holds foreign currency, "You have counterfeit money in your hand, so you have to throw it away, or you will go to jail." B threw away the foreign currency and A took the opportunity to pick it up.
C.a raises money for the victims, and the average person donates several hundred yuan. When the wealthy businessman passed by the fund-raising place, A said, "Many people donated 10,000 to 20,000 yuan. Please donate more. " The rich businessman believed it and donated 20 thousand yuan.
D.b. stole the motorcycle and prepared to ride it away. A felt suspicious and pretended to be the owner of the motorcycle and said, "Do you want to ride my car away?" B abandoned the car and ran away, and A took the motorcycle for himself.
64. Which of the following statements is correct about legal procedures?
A. Procedural statutory requirements The law stipulates the criminal procedure in advance.
B. Procedural legality is one of the important contents of the principle of legality in civil law countries.
C. Anglo-American countries practice precedent system, not procedural legality.
D taking the law as the criterion means that China implements legal procedures.
65. Which of the following options is correct about the organizational system of public security organs and their functions and powers in criminal proceedings?
A. Public security organs implement unified leadership and hierarchical management, issue wanted orders in areas beyond their jurisdiction, and report them to the public security organs at higher levels that have the right to issue them.
B. Based on procuratorial integration, the independent exercise of functions and powers by the procuratorate means that the procuratorial system as a whole independently exercises its functions and powers.
C. There is a leadership relationship between the higher and lower levels of the procuratorate. If the procuratorate at a higher level thinks that the protest in the second instance by the procuratorate at a lower level is improper, it may directly withdraw the protest from the court at the same level.
D. The relationship between the higher court and the lower court is supervision and guidance. If a higher court considers it more appropriate to have the case tried by a lower court, it may refer the case under its jurisdiction to a lower court for trial.
66. Which of the following options is correct about the victim's litigation rights in criminal proceedings?
A. Withdrawal of prosecution and application for withdrawal of prosecution
B. Entrust an agent ad litem to file a private prosecution
C. Apply for reconsideration and file an appeal
D. Apply for protest and lodge a complaint
67. Sun, the chief customs officer of City B, A province, colluded with smuggling groups and used his power to smuggle cultural relics prohibited by the state. The circumstances are particularly serious. Which of the following options is correct about the jurisdiction of this case?
A. the public security organ may file a case for investigation.
Upon the decision of the provincial procuratorate, the procuratorate may file a case for investigation.
C. After the provincial procuratorate decides to file a case for investigation, it may conduct its own investigation according to the circumstances of the case.
D after the procuratorate of a province decides to file a case for investigation, it can designate the procuratorate of c city of a province for investigation according to the case.
68. Minors brought a public prosecution to the court on suspicion of intentional injury to Yuan. His father entrusts lawyer Huang as the defender, and Yuan entrusts his son who is studying in law school as the agent ad litem. In this case, which of the following people has the right to ask the judge to withdraw?
A. Yellow (form)
Yuan
C. Yuan's son
D. Fu Xiao's father
69. Regarding the principle of effective defense, which of the following is correct?
A. The establishment of the principle of effective defense helps to achieve equal confrontation.
B. Effective defense is a principle mainly applicable to the trial stage, but the protection of defense interests in the investigation, examination and prosecution stage is the premise to realize effective defense in the trial stage.
According to the requirement of the principle of effective defense, in court proceedings, the time for the defendant and his defender to speak should not be limited.
D assigning lawyers with no criminal defense experience to provide legal aid to defendants who may be sentenced to life imprisonment or death penalty violates the principle of effective defense.
70. Which of the following options is correct about supplementary investigation?
A In the stage of examining and approving the arrest, only those who do not approve the arrest can notify the public security organ to make supplementary investigation.
B the supplementary investigation in the stage of examination and prosecution shall be limited to two times.
C at the trial stage, the procuratorate conducts its own investigation and may not return it to the public security organ for supplementary investigation.
D at the trial stage, the court may not suggest that the procuratorate make supplementary investigations.
7 1. the National People's Congress Standing Committee (NPCSC)'s interpretation of the second paragraph of Article 271 of the Criminal Procedure Law stipulates that the procuratorial organ shall listen to the opinions of the victims before making a conditional decision not to prosecute and before making a decision not to prosecute at the expiration of the test. The victim may appeal to the procuratorate at the next higher level against the conditional non-prosecution decision and the non-prosecution decision made by the procuratorate, but he cannot bring a private prosecution to the court. Which of the following options is correct about the understanding of this explanation?
A. Increasing opportunities for hearing victims' statements
B. it is conducive to the diversion of juvenile criminal suspects.
C. It embodies the special protection for juvenile criminal suspects.
D is a manifestation of criminal prosecution monopoly.
72. Taking advantage of his position, he took bribes many times and hired someone to seriously injure his subordinate Wang. Which of the following options is correct about the pre-trial meeting of this case?
A. Gao Shen challenged the jurisdiction of this case.
If Wang brings an incidental civil action, mediation can be conducted.
C Gao pointed out that his confession was obtained by torture, and the judge can decide whether to exclude the confession on the basis of reviewing the simultaneous video recording during interrogation.
D. The evidence presented at the pre-trial meeting, the evidence presented at the trial and the cross-examination can be simplified.
73. Lawyer Zou was appointed as the defender of Chen Mou, a minor, by the legal aid agency. Which of the following statements is correct about Zou's rights?
A. Investigate Chen Mou's growth experience, causes of crime and guardianship education, and submit them to the court.
B. You can object to the court applying summary procedure to this case, so the court can only try it by ordinary procedure.
C. Additional remarks can be made after Chen Mou's final statement.
D after a guilty verdict is pronounced, he can be invited by the court to attend court education in Chen Mou.
74. Students in Grade One, Grade Two and Grade Three of Senior High School were put on file for investigation for allegedly robbing classmate C (all under the age of 16). Which of the following options is correct about the proceedings in this case?
A. When examining and approving the arrest and interrogation, Party A refuses to provide suitable adults to be present, and shall notify other suitable adults to be present separately.
B. When interrogating Party B, because its legal representative cannot be present, inform his uncle to be present, and his uncle can exercise the right of accusation on behalf of Party B..
When hearing the inquiry of C, the court shall notify the legal representative of C to be present.
D. If the legal representative of Party A is unable to attend a case tried by summary procedure, he may attend without notifying other suitable adults.
75. Party A quarreled with Party B for trivial matters, and then fought and pushed, resulting in Party B's death. The procuratorate sued Party A, Party B and Party C for the crime of negligent death, and brought an incidental civil action to the court. Which of the following options is correct about handling this situation?
The court may mediate the incidental civil part.
B. If Party A and Party C reach an agreement through court mediation, the contents of compensation for losses agreed in the mediation agreement can be performed by stages.
C. If Party A applies, the court may organize Party A and Party C to reach a settlement through consultation.
D. If Party A and Party C reach a criminal settlement, the agreed damages can be performed by stages.
76. Which of the following statements is correct about the resignation and dismissal of civil servants?
A. A civil servant whose important official duties have not been completed shall not resign.
Leading members responsible for major accidents should take the blame and resign.
C if a civil servant is sick and within the prescribed medical treatment period, he shall not be dismissed.
D dismissed civil servants can enjoy unemployment insurance in accordance with relevant state regulations.
77. For which of the following decisions, the administrative organ shall inform the parties of the right to request a hearing?
A. The tax bureau seized goods worth 2 million yuan from an untaxed enterprise.
B the transportation bureau revokes the road transport business license of the transportation company.
C the construction land planning permit issued by the Planning Bureau directly relates to the significant interests of the applicant and nearby residents.
4. The Public Security Bureau imposed administrative detention on Zhang 10.
78. The police of the traffic brigade of a public security traffic management bureau found that the electric tricycle driven by Wang did not hang the number plate, so they took compulsory measures to detain it. Which of the following statements is correct about the procedure to be followed in seizure?
A detention shall be carried out by two or more administrative law enforcement officers of the traffic brigade.
B. Inform Wang of the reasons and basis for the detention on the spot.
C. deliver the seal-up decision to Wang on the spot.
D detain the tricycle and its articles together, and deliver the seizure list on the spot.
79. Shen applied to the Housing Construction Committee to disclose the opinions and application materials of the rebuild project submitted by an enterprise to the Housing Construction Committee. The Committee refused to disclose information on the grounds of personal privacy, such as contact number and address of company contacts. Shen sued and the court accepted it. Which of the following statements is true?
A. Before the Housing Construction Committee makes a decision not to make it public, it is not necessary to ask the corporate contact in writing whether they agree to make it public.
B. The time limit for prosecution in this case is six months.
C. The Housing Construction Committee shall provide evidence on the basis of refusing to disclose and the performance of the statutory obligation to inform, and explain the reasons.
D. It is legal for the Housing Construction Committee to refuse to answer publicly.
80. A district industrial and commercial sub-bureau banned a company from selling electronic publications 100 sets without obtaining a publication business license, and fined 6000 yuan. The company applied to the Municipal Administration for Industry and Commerce for reconsideration. Which of the following statements is true?
Company A may entrust an agent to participate in administrative reconsideration on its behalf.
B in the process of reconsideration, the central industrial and commercial sub-bureau shall not collect evidence from the applicant and other relevant organizations or individuals.
C. The Municipal Administration for Industry and Commerce shall conduct the examination by way of trial.
D if the decision of the district industrial and commercial sub-bureau is obviously improper, it shall be revoked by the municipal industrial and commercial bureau.
8 1. In handling administrative cases, which of the following matters is not stipulated in the Administrative Procedure Law, and the relevant provisions of the Civil Procedure Law shall apply?
A. Scope and jurisdiction of the case
B. Time, delivery and property preservation
C. hearing, mediation and suspension of proceedings
D. Supervision of procuratorial organs on acceptance, trial, trial and execution
82. Li refused to accept the punishment of five days' administrative detention by the District Public Security Bureau and applied to the Municipal Public Security Bureau for administrative reconsideration. The Municipal Public Security Bureau made a maintenance decision. Li refused to accept and filed an administrative lawsuit. Which of the following options is correct?
A. Li Can applied to the district government for administrative reconsideration.
The defendants are the Municipal Public Security Bureau and the District Public Security Bureau.
The court where C City Public Security Bureau is located has no jurisdiction over this case.
D. if the contents of Li's complaint are deficient, the court shall give guidance and explanation, and inform the contents that need to be corrected at one time.
83. Which of the following statements is correct about the summary procedure of administrative litigation?
If the parties agree, the summary procedure may be applied to the administrative case of first instance.
B. summary procedures shall be applied to hear cases remanded for retrial and appeal cases below 2000 yuan.
C administrative cases subject to summary procedure shall be tried by a single judge.
D. Administrative cases that are tried by summary procedure shall be pronounced in court.
84. Liang smashed the doors and windows of his neighbor Zhang's house after drinking. After receiving the police, the county public security bureau took photos of the scene, made a record of the scene, and asked the county price certification center to make a price appraisal opinion, and imposed an administrative detention on Liang for 8 days. Liang sued the court, and the county public security bureau submitted photos, on-site transcripts and expert opinions to the court. Which of the following statements is true?
A. Photographs are written evidence.
B the on-site record submitted by the county public security bureau has no legal effect without the signature of the parties concerned.
C the appraisal opinions submitted by the county public security bureau shall be sealed by the county price certification center and signed by the appraiser.
D. If Liang has any objection to the legality of the on-site transcripts, he may ask the relevant law enforcement officers of the county public security bureau to testify in court as witnesses.
85. Ding borrowed money from Sun with his house as collateral, and both parties went to the Housing Authority to go through the formalities, and submitted the original real estate license and the real estate mortgage contract with a house area of 100 square meter and a loan of 500,000 yuan, which was used by the Authority to handle other house warrants. Ding did not repay the loan, and the court auctioned the house. However, due to the fact that the housing area is only 70 square meters, Sun Mou sued for finding that the intermediary act was illegal, and compensated for the loss on the grounds that the intermediary failed to fulfill the verification obligation when going through the formalities. Which of the following statements is wrong about this case?
A. The court may decide to execute it first according to Sun's application.
B. Sun should provide evidence for the losses caused by the actions of the Housing Authority.
The court will hear and judge the legality of the Housing Authority's actions and the administrative compensation disputes.
D. Sun's request does not fall within the scope of state compensation.