第一章 刑法概說 題目（The first chapter of the subject of criminal law）Which of the following cases is a criminal case involving foreign elements?A. cases in which our country exercises jurisdiction within the scope of international treaty obligationsB. aliens outside our country commit crimes against our country and our citizensC. outside our country, our citizens commit crimes against our country and our citizensD. cases involving violations of the lawful rights of foreigners by citizens of our countryForeign criminal cases refer to: (a) in the territory of People's Republic of China, the Chinese citizens or foreigners who commit crimes infringing the lawful rights of foreigners in criminal cases; (two) in People's Republic of China area, meet the circumstances specified in article eighth of the criminal law, foreigners tenth of People's Republic of China state and citizens of crime and criminal cases China citizens; (three) in accordance with Article ninth of the criminal law in the People's Republic of China case, undertake international treaty obligations within the jurisdiction of the case. B and C are subject to other requirements specified in the criminal law, while D will take place in China, so choose AWhat are the following statements about the applicable scope of China's criminal law?A. a citizen Tom instigated the second citizen John to enter the territory of China to develop the underworld organization. Even if John really enters the territory of China to commit criminal acts, it can not be applied to the criminal law of China, and the criminal responsibility of Tom who has only instigated the act is investigatedB. Chinese citizen Zhao came back to China after selling drugs from a country to b. Since Zhao's criminal behavior is not in China, nor does it do harm to the interests of the Chinese state or the people, therefore, China's criminal law can not be appliedC.A citizens in China C during the study in the summer travel, the way for extortion, will study in the B China centimes in a city from the northeast to kidnap C in China criminal law according to the protection principle of jurisdiction on criminal responsibility CD. Chinese citizens who commit crimes outside the territory of the People's Republic of China shall, in accordance with the maximum penalty prescribed in the criminal law, be sentenced to fixed-term imprisonment of not more than 3 years, they may not be investigated for criminal responsibilityThe subject is the theoretical investigation of the effectiveness of the criminal law, and the criminal law 69 stipulates the jurisdiction principle of the criminal law in our country. A Chinese citizen Tom B John into the China civil instigation in development of the underworld organization, is the key to everyone on the territorial jurisdiction "understanding", according to the judicial examination standard, in common criminal cases, as long as there is a part of their accomplice behavior occurred in the field or the results are part of a common crime in their areas it is considered a crime in its own territory, so according to the principle of territorial jurisdiction, the A option is wrong; "China citizen Zhao from a country to country B drug trafficking to Chinese, although drug trafficking is an international crime, but because Zhao is China citizens, personal jurisdiction should be given priority to the principle of universal jurisdiction, it should be application of personal jurisdiction.B option error; A citizens in the country C and B Chinese students do not have a centime, China nationality, but because it is a crime in domestic China That should be the.C option of territorial jurisdiction according to Article seventh of the criminal law: wrong; People's Republic of China citizens commit the crimes specified in this law outside the territory of People's Republic of China, the applicability of this method, but according to this Law prescribes a maximum punishment of three years imprisonment, can not be prosecuted. So the D item is correctA department of a self-employed, see a shortage of medical materials, namely in 2002 8 to October - without this kind of medical material, because do not have the basic facilities, lack of necessary technical conditions, resulting in the number of serious medical materials do not meet national standards, but because the relevant departments in a timely manner, and to recover part of the goods the destruction of its sales, it did not cause serious consequences of injury or death, for this case, the following statements are ()A. the provisions of the criminal code (97 years of criminal law) applicable to the case shall be dealt with in the production and sale of medical equipment that does not meet the hygienic standards.B. the case should be applied to the trial of the criminal law amendment four (promulgated in December 28th 02) on the production and sale of medical equipment does not meet the standards of health provisions of the treatment.C. if the case of a verdict after a heavy sentence on the grounds of appeal to. At this time, during the second trial period, when the amendment to the criminal law four was promulgated and implemented, the amendment should be applied immediately.D. if the case has been decided after the first instance has been made, the defendant has not appealed, and the prosecution has not lodged a protest. But soon, the prosecution made a protest on the grounds that the decision was indeed wrong. During the retrial period, when the criminal law amendment four was promulgated and implemented, the criminal law should be applied directly for 97 years at this time.Time effect of criminal law analysis: AD is correct, "has never case", should apply to the legal acts, AD is also in line with the principle of treatment from the old and lighter; BC error, processing BC is not conducive to the defendant.According to China's criminal law, which of the following cases applies the principle of territorial jurisdiction?A. foreigners hunt outside china,Inadvertently hit foreign citizens in China, causing serious injuries to the enemyB. aliens aboard a foreign aircraft may commit crimes on the aircraft when they enter China's territorial airspaceC. a Chinese citizen who rides a Chinese civil aircraft commits a crime on the aircraft when he enters foreign airspaceD. Chinese were hunting in the Chinese territory, because too confident negligence caused by foreign citizens overseas Chinese injured a clothThe correct answer: A, B, C, DIn view of the scope of application of the criminal law, the following view is correctA. those who commit crimes in the territory of the People's Republic of China are applicable to the criminal law of our countryB. any criminal who commits a crime in a ship or aircraft in People's Republic of China shall also apply to the criminal law of our country, except that the country where the ship or aircraft is docked is not considered to be a criminalThe scope of C. of China's "criminal law" is used by territorial jurisdiction, personal jurisdiction, protective jurisdiction and supplemented by the principle of universal jurisdictionD. China's criminal law adopts the principle of universal jurisdiction, that is, the act or result of a crime, as long as one happens in the territory of People's Republic of China, it is considered to be a crime in the field of People's Republic of ChinaThe scope of the application of the criminal law. Our country adopts the principle of mixing; the mistake of A is also including exclusion, such as diplomatic immunity; B item without exception; the D item mistake the principle of the result of the crime and the principle of selecting the place of occurrence as the principle of universal jurisdiction.A country citizen Li Mouceng repeated drug trafficking activities in foreign countries, and has been the country. One day, Lee was arrested in our country for tourism, Lee is non - People's Republic of China citizens, nor in People's Republic of China committed a crime on the grounds of protest. What measures can China take to Lee in accordance with the law? ()A. judicial trial by the Chinese judiciaryB. immediately deportedC. sent the countryD. announced to the State shall be extraditedThe correct answer: A, D, or extradition or prosecutionWhich of the following statements is true about the relationship between the principle of a legally prescribed punishment for a specified crime and the interpretation of criminal law? () indefinite choiceA. because the principle of legally prescribed punishment for a specified crime contains the thought that is beneficial to the defendant, it is not in violation of the principle of legally prescribed punishment for a specified crime to interpret the "man" restriction in the 232nd intentional crimes of homicide as a person with normal spiritB. the principle of a legally prescribed punishment for a specified crime prohibits the interpretation of analogy. Therefore, an illegal person who has been sentenced to public security detention can not be deemed to have surrendered himself during the period of detentionThe principle of a legally prescribed punishment for a specified crime is mainly to restrict the abuse of power by the judicial organs so as to protect human rights. Therefore, the analogy interpretation in legislation is not excluded from the interpretation of the law of the people's Republic of China (C.)D. the principle of legally prescribed punishment for a specified crime requires the criminal law to be clear, but the definition of criminal law can be realized by legislation and interpretationThe formal side of the principle of legality is: legal principle and prohibition of law (afterwards prohibited retroactive), prohibition of analogy interpretation, the absolute prohibition of indetermination; substantial side: proper principle of definite principle and punishment regulations content (Prohibition of improper punishment penalty for the residual imbalance, and the prohibition of malaria the penalty). But the law did not say that the criminal law itself to absolutely clear, in fact, because the text itself and other reasons, the decision must explain to the criminal law, therefore, implemented by legislation and the criminal law can explain clearly. The D option is correct. Because the principle of a legally prescribed punishment for a specified crime contains the idea of being beneficial to the defendant, it is allowed to explain by analogy when the defendant is in favor of the defendant and does not conflict with the legal protection function of the criminal law. So, the B option is wrong. However, according to the principle of the proper content of the penal code, the principle of a legally prescribed punishment for a specified crime prohibits all unreasonable interpretations, so the A option is wrong. The principle of a legally prescribed punishment for a specified crime not only forbids judicial analogy interpretation, but also prohibits the analogical interpretation of legislation. So the C option is wrong. DWhen an international train in our country runs into the territory of a country, a citizen A and a citizen of the country of B quarrel with each other, and A hits B seriously. The criminal act of AA. can't be applied to criminal law of our countryB. may be applicable to the criminal law of our countryC. should be applicable to the criminal law of our countryD. can only apply to the criminal law of a country or a countryThe second paragraph of the sixth paragraph of the criminal law stipulates that "this law is applicable to any person who commits a crime in a ship or aircraft of the People's Republic of China."." If a crime is committed on an international train, consult with the Supreme People's Court on the interpretation of the tenth criminal procedure law and settle it in accordance with bilateral agreements. Therefore, the cases occurring on international trains may also be applicable to China's criminal law.The correct answer: BForeigners commit crimes against our country or citizens outside our country. The principle of exercising jurisdiction over foreigners who commit crimes in China is limitedA. personal principleB. territoriality principleC. principle of universal jurisdictionD. protection jurisdiction principleThe correct answer: DComment: the protection of criminal law criminal jurisdiction effect principle is also the spatial content, it refers to the crime even if people are not citizens of the country, crime is not happening in the country in the field, but the crime is in the country outside the territory of the country or its citizens for crimes committed under the protection of the principle of jurisdiction, the country is still on the criminal law of criminal investigationA million in December 2, 1996, due to speculation was sentenced to 2 years imprisonment, suspended for 3 years, a million did not appeal. The new "criminal law" came into force in October 1, 1997 after the cancellation of the crime of speculation a million to the new "criminal law" in the grounds of appeal to the people's court in accordance with the requirements of the new criminal law, commuted to innocence, in this regard, the following statement is wrongA. to Wan Mou's appeal, the court should support, because in accordance with the criminal law from the old and lighter principle, Wan Mou should be innocentB. can not support the complaint, but it can be commutedC. can not support the complaint of Wan Mou, because the new criminal law does not have retroactive effect on the judgment that has already entered into forceThe D. of a million of the complaint can not support, should also revoke probation, to real punishment, because it refuses to managementThe question involves both old and lighter principles. The principle of "old and lighter" is pending pending the entry into force of the new criminal law. Before the implementation of the new criminal law, the effective judgment made in accordance with the old criminal law continues to be valid and the correct answer is: A, B, DChina's "criminal law" called "violation of state regulations" refers to the violation of what laws and regulations?A violates the laws and decisions formulated by the provincial people's Congress and its Standing CommitteeB. violates the laws and decisions formulated by the National People's Congress and its Standing CommitteeC. violates the administrative measures prescribed by the administrative regulations formulated by the State Council and the decisions and orders issuedD. departmental regulations, decisions and orders issued by ministries and commissions of the stateThe correct answer: B, CThe sixth article of the criminal law of our country stipulates that all the crimes committed in the territory of the People's Republic of China shall be governed by this law except that there are special provisions in the law." What does "special provision" mean here?A. the criminal liability of foreigners enjoying diplomatic privileges and immunities shall be resolved through diplomatic channelsB. exceptions to the basic law of the Hongkong, Macao, ChinaThe flexible or supplementary provision for criminal law formulated by the Autonomous Prefecture of C.After the implementation of the criminal law of the D., the special provisions of the newly revised criminal law and the criminal law attached to it are madeThe correct answer: A, B, CMr. Ren is a printer worker. In April 15, 1980, 100 yuan stamps were forged and 10 yuan of stamps were printed by rigid chromatic printing. In June 15th of that year, in the use of counterfeit counterfeit money, was arrested on the spot. In the public security organs to arrest them after June 30th, by the guards fled unprepared, fled to a forest, a forged identity card, when the workers. In 1999, when he was secretly home to visit, was arrested by the public security organs. The criminal law of 1979 stipulates that Whoever forges the national currency shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. If the case has not yet been tried, please judge which of the following statements is true?A. should apply the criminal code of 1979B. may be guilty of counterfeiting money until the expiration of April 15, 1990C. should be held criminally responsibleD. commits a crime of counterfeiting money without the limitation of the time limit for prosecution.On the retroactivity of criminal law, the criminal law of our country to take the old and light principle, 1979 the provisions of the criminal law of the crime of counterfeiting currency legal punishment than the 1997 Criminal Law committed by light; the limitation of prosecution of the crime of counterfeiting currency crimes after the crime (escape) interrupted during the day, the limitation of prosecution of crime accomplice after calculation of the crime before. However, any one case conforms to the limitation of prescription and is no longer subject to limitation of prosecution, so criminal liability can be investigated at any time. See paragraph 1 of article eighty-eighth of the criminal law. The correct answer: A, C, DThe following explanations are classified according to the methods of interpretationA. interpretation of Arts and SciencesB. theory explanationC. theoretical explanationD. legislative interpretationThe criminal law interpretation methods are divided into two types: literal interpretation and theoretical interpretation. The interpretation of criminal law is divided into three kinds according to their effectiveness: legislative interpretation, judicial interpretation and academic explanation. The correct answer: A, BWhoever commits crimes outside China or who has criminal responsibility under this law but who has been punished in foreign countries may () be punishedA. heavierB. lighterC. exemptionsD. lightenThe correct answer: C, D, "Tenth provisions of the criminal law", in China outside the field of crime, in accordance with this law should bear criminal responsibility, but in foreign countries have been punished, may be exempted or mitigated punishmentChen, male, born in July 1981, in June 20, 1997 (at the age 16) theft of property of others more than 9 yuan, the court of first instance trial in September 4, 1997 1979, according to the "People's Republic of China criminal law" finds Chen guilty of theft, sentenced to 6 years in prison. Chen refused to accept an appeal. In October 1, 1997, the new criminal law came into force. The second trial was held in October 13, 1997 (when the new criminal law came into force),Under the new criminal law, under 16 years of age, no criminal responsibility for larceny. Asked the new "criminal law", the provisions of Chen's case is retroactive?A. does not have retroactive effect, because Chen's theft was in June 20, 1997, when the new criminal law did not come into effect, it should be in accordance with the law of behaviorB. has no retroactive effect because the case was completed before the new criminal law came into effect (September 4, 1997)C. has retrospective effect, because Chen's sentence is too heavyD. has retrospective effect, because the appeal period is not yet final, and the new criminal law stipulates that 16 years of age does not bear criminal responsibility for larceny, which is the correct answer to the case: DWhich of the following meets the statutory principles of crime?A. prohibits ex post facto law that is unfavorable to the perpetratorB forbid analogical explanations that are unfavorable to the per