2009 civil service exam-line test counseling: legal knowledge test center example of the civil service exam

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					2009 civil service exam-line test counseling: examples of legal knowledge
test center exam Civil

 civil service examination counseling legal knowledge

 1, Zhang found guilty of theft was sentenced to 5 years 3 years after
the implementation of the penalty, also found that pre-judgment is also
guilty of arson of their crimes should be sentenced to imprisonment for 7
years, decided to implement the 10-year graft, Zhang execution sentence
is needed for many years?
 A .7 years,
 B.9 on
 The answer: A
 test center: graft
 resolution: found guilty of other crimes before sentence, the decision
in the graft sentence should be used "first and after the cut" method,
will the new penalty for the crime and the original sentence graft, and
then subtracting the implementation of the sentence, the remaining
sentence need to implement the sentence, so must the implementation of 7
 2, defendant Lee, taxi drivers, due to unit leaders criticized for
driving into the downtown area to let off steam rushed dense crowd,
killing five people, injured 20 people. Lee's conduct constituted:
 A. the Crime of
 B. to dangerous means crime
 C. Major Accident
 D.% D% homicide A Answer: B
 test centers: The crime of dangerous means,
 resolution: the dangerous means crime is the intentional use of fire,
flooding, explosion, placing of dangerous substances other than dangerous
methods acts of endangering public safety. Lee deliberately driving in
downtown butt and endanger the public safety, not subjective fault, not
traffic crime. Should be recognized as crimes by dangerous means,
 3, A Company To address the shortage of funds to enter into supply units
with fictitious contracts, or examinations * to the bank to apply for
large loans to two million yuan, and the section for the purchase of wine
making equipment and raw materials, the latter due to production and sale
of counterfeit wine is a registered trademark of the investigation,
leading to bank loans can not be returned. A company's access to loans
 A. Loan Fraud
 B. Contract Fraud
 C. financial fraud and
 D. civil fraud, does not constitute a crime,
 Answer: B
 test centers: the main Loan Fraud eligibility restrictions
 resolution: As Loan Fraud general of the main subject of the crime, the
unit does not constitute the crime of the subject. Unit using a false
economy contracts cheat financial institutions and the establishment of
contract fraud, not the establishment of Loan Fraud. So a company should
be a contractual fraud conviction, the option B the right.
 4, A lobby in a mansion is playing a boy (3 years) cheated the intention
of extorting money, but kids can not tell their family contact can not be
blackmailed. A fear of being found a long time, so the child taken to
different places to sell 4,000 yuan. A should be on how to deal with?
 A. of abduction and the crime of trafficking in children from the felony
 B. punished for kidnapping a
 C. to a crime of the crime of trafficking in children Punishment,
 D. of abduction and trafficking of children, voluntary manslaughter,
 Answer: D
 test centers: the crime of kidnapping and trafficking in children
 resolution: a before and after the two independent criminal behavior,
the former behavior is kidnapped boy as a hostage, extortion of property
to his family intended to constitute the crime of kidnapping; after the
act is to sell children, 4,000 yuan of illegal profits, constitute the
crime of trafficking in children, should be separately convicted and
implement combined, so Options BC error. Also, do not have implicated a
relationship between the two acts can not be in accordance with the
Implicated do, so option A error. Therefore, option D is the correct
 5, Research the Department of released prisoners. Breaking and entering
to steal a day, when it will be miniature color TV, VCR, etc. into the
bag to leave, the landlord Ryu opened the door into the room, seeing
dropped Research the bag and tried to escape, Ryu stopped at the door and
shouted "thief" , Research the rushed unconscious to the ground before
Ryu, running for the door and fled. Research the behavior of what
constitutes a crime?
 A. Theft
 B. Theft and the intentional assault
 C. robbery,
 D. recidivism
 Answer: C
 test center: robbery found
 resolution: "Criminal Law", article 269 states: "guilty of theft, fraud,
rob crime for harboring stolen property, resist arrest or destroy
criminal evidence on the spot use of violence or violence threat, in
accordance with this Law, those provisions 260th convicted and punished.
"under the" Criminal Law "requirement, in addition to robbery, other
crimes against property generally relatively large amount of illegal
possession of property or serious crime, as set important criterion,
while robbery is not the amount and circumstances of the establishment of
 6, A self-employed auto repair shop run by an insurance company line car
repair factory. A car for the repair of others, repeatedly exaggerated
the extent of car damage, reported to the insurance company more than car
repair costs, insurance fraud from 12 million yuan. A behavior on how
they will be punished?
 A. punished for fraud
 B. to insurance fraud punishable
 C. to contract fraud punishable
 D. a civil fraud, no to the criminalization
 The answer: A
 test center: fraud, insurance fraud, contract fraud
 resolution: the characteristics of fraud: 1. for the purpose of illegal
possession; 2. with fiction facts or conceal the truth of the way; 3.
defraud the public and private property, a relatively large amount of
 behavior characteristics of the crime of insurance fraud: 1. The
principal must be insured or the beneficiary; 2. The objective area
through various means, the behavior of insurance fraud, including
exaggerating the losses, fabricated the occurrence insurance accidents.
 contract, fraud is the most important features of the process of signing
the contract, the implementation of fraud, stressed as a means to enter
into the contract.
 for this question in a really exaggerated the extent of the loss by
means of insurance premium fraud, consistent with the composition of
elements of the crime of insurance fraud, but the A's identity is not
consistent with the main elements of the crime of insurance fraud,
because it itself is not insured of the insured or beneficiary, nor is
there a common crime with the staff issues, so the behavior of a set of
insurance fraud is not. Inferred from the use did not show a sign or the
performance of the contract to obtaining by deception, and this with his
contract with the insurance company does not matter. However, a behavior
fully consistent with the composition of common elements of fraud, so the
title should choose A.
 7, Which of the following acts may constitute perjury?
 A. In civil proceedings, a witness to commit perjury
 B. In criminal proceedings, the defendants falsified evidence,
 C. in criminal proceedings, the witness to prove intent for willful
false framing of others
 D. In criminal cases, law agent to help the parties forged evidence
 Answer: C
 test centers: perjury
 resolution: perjury: (1) a special subject, the criminal's witnesses and
expert witnesses, records people, -Ò delicacies? (2) the subjective
aspect is the direct intent, and must have frame-up or conceal evidence
of others who harbor criminal purpose; (3) violation of the object is a
normal judicial litigation activities; (4) the objective aspects of
performance in the criminal proceedings, the case for an important
relationship with the plot, so a false proof of identification,
recording, translation behavior. For perjury in criminal proceedings must
be constituted, and A option is "in civil proceedings" clearly can not
constitute perjury. Defenders do not have the qualification of perjury,
so option B is wrong. Similarly, D options in the legal representatives
can not constitute perjury, D entry error. C option in the main witnesses
of perjury consistent with the requirements objectively in line with the
behavioral characteristics of perjury, that "to prove intentional
wrongdoing", and has framed the purpose of others, it constitutes
perjury. This question can only choose C.
 8, Ryu, a city civil affairs bureau cadres to higher allocated 500,000
yuan relief funds, diverted to trade in shares. After six months
imprisonment for the incident, Ryu fear, the stock will be thrown, the
cases escaping with money. Ryu's conduct constituted Which of the
following offenses
 A. B. misappropriation specific crime of misappropriating public funds
of funds and
 C. D. misappropriation of funds embezzlement crimes
Answer: C
test center : The crime of corruption identified

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