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, 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 and 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 responsibilityC. 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 national 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 regard, 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 criminal 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 be 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 suspension 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 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 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 drunken 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 provision9. 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 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 key 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 process11., 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 crimi