A, hearsay evidence
B, direct evidence
C, incriminating evidence
D, verbal evidence
2, the "Anti-Unfair Competition Law" stipulates that the parties to the supervision and inspection departments of the penalty decisions made by the parties are not satisfied with the decision to apply for a higher level of the competent authorities within 15 days from the date of receipt of the penalty decision to pay attention to the state letter Hongchuang pony WeChat public number to get more free information reconsideration; the reconsideration decision is not satisfied, you can from the date of receipt of the reconsideration decision letter within 15 days to the court; you can also directly to the court litigation. A county industrial and commercial bureau determined that an enterprise's use of advertisements to make misleading and false propaganda on goods constituted unfair competition and imposed a fine of 100,000 yuan. The enterprise disagreed and applied for reconsideration. Which of the following statements are correct? ( )
A. The reconsideration authority should be the higher-level industrial and commercial bureau of the industrial and commercial bureau
B. The period for applying for reconsideration is 15 days
C. If the reconsideration authority makes a decision to uphold the decision, the enterprise sues the court, and the time limit for suing the court is 15 days
D. For the decision on the fine, the enterprise can sue the court directly without reconsideration
3. SONGS DISTRICT Urban and rural construction bureau approved a bank residential concern Guoxin Hongchuang pony WeChat public number for more free information on the site of the residential building, and issued a license to it. The distance between the proposed residential building and the residential building occupied by Zhang and 120 other residents is 9.45 meters. Zhang and 20 other people believed that the approval violated the relevant state regulations and filed an administrative lawsuit with the court. In this regard, which of the following options is wrong? ( )
A. Because the approval involves the neighboring rights of Zhang and others, Zhang and others have the right to file an administrative lawsuit
B. Zhang and the other 20 residents should elect two to five litigants to participate in the lawsuit
C. The court can notify the 100 residents who have not filed a lawsuit to participate in the lawsuit as a third party
D. Zhang and the other 20 residents should provide Evidentiary materials that meet the legal conditions for prosecution
4. Ms. Hu, who likes to fabricate and spread gossip, once fabricated facts and slandered four people at the same time, namely, A, B, C, and D. She also defamed A, B, C, and D. She was a member of the People's Court. Thereafter, A alone sued to the People's Court. On this case, the people's court which of the following treatment is wrong? ( )
A. The People's Court does not accept the case.
B, agreed that B, C, D do not participate in the proceedings
C, B, C, D do not participate in the proceedings, but allowed them to file a separate criminal private prosecution after the verdict
D, B, C, D do not appear in court, but allowed to retain the right to tell
5, A, B, a junior high school students, because of the suspected robbery of classmates C (the three are less than 16 years of age) was investigated. On the case proceedings, which of the following options are correct? ( )
A. When reviewing and approving an arrest for questioning, A refused to provide a suitable adult to be present, and should notify other suitable adults to be present
B. When questioning B, because B's legal representative was unable to be present to notify his uncle to be present, and his uncle can act on behalf of B's right to sue
C. When questioning C in a court hearing, C's legal representative should be notified of his presence
D. If the case is applicable to the court, it should be notified of his presence
C. When questioning C, it should be notified of his presence. p>D, if the case is subject to summary proceedings, A's legal representative can no longer be notified of the presence of other suitable adults when he or she is unable to be present
6, on the trial of criminal cases involving minors, which of the following options is correct? ( )
A. Simplified procedures cannot be applied
B. In the courtroom, the use of restraints on the minor defendant is only necessary
C. When the court is adjourned, the legal representative, or other close adult relatives, or the teacher may be allowed to meet with the minor defendant
D. In the case of a minor, the pronouncement of judgment should be made in public
7. Intentional homicide and bombing, the first trial were sentenced to death immediately, Zhang did not appeal, the procuratorate did not protest. After review, the Supreme Court held that the death sentence for the crime of bombing was factually incorrect and the evidence was insufficient, but the death sentence for the crime of intentional homicide was correct in its determination of the facts and the application of the law, and the sentence was appropriate. Which of the following options is wrong regarding the handling of this case? ()
A. Ruling on the whole case to approve the death penalty
B. Ruling on the approval of the death sentence for intentional homicide, and the death sentence for the crime of bombing to be commuted
C. Ruling on the approval of the death sentence for intentional homicide, and to revoke the death sentence for the crime of bombing, and remanded for a retrial
D. Ruling on the whole case to disapprove the death penalty and to vacate the original sentence, and remanded for a retrial
8, Song Wang served as a defender, fabricated a false testimony to conceal evidence of guilt, handed over to the defendant Chen Xiaoyi's father, Chen Mou, let him persuade the witness Li Mou memorized to the court, pay attention to the Guoxin Hongchuang pony WeChat public number to get more free information and to give Li Mou 5,000 yuan of benefits. Chen Mou acted accordingly. After receiving the 5,000 yuan, Li perjured himself in court, resulting in the acquittal of Chen Xiaoyi. Later, Chen Mou gave Chen Xiaoyi $100,000 to flee the country. Which of the following options is wrong about this case? A and B, a private elementary school teacher, are husband and wife. A and B's expenditures clearly exceeded their lawful incomes, with the difference amounting to 3 million yuan. A and B refused to account for the source of their property. In the first trial, A explained that the 3 million yuan was the proceeds of bribery, which was found to be true. Which of the following options is correct regarding this case? ( )
A. A constitutes the crime of accepting bribes
B. A does not constitute the crime of unknown source of large amount of property
C. B does not constitute the crime of unknown source of large amount of property
D. B constitutes the crime of disguising or concealing the proceeds of crime
10. The Criminal Procedure Law stipulates that the lower court, upon receiving the Supreme Court's order to carry out the death penalty and when the relevant circumstances are found, it The execution shall be halted and reported immediately to the Supreme Court, which shall make a ruling. In which of the following cases should this provision be applied? ( )
A. It is found that the key evidence of conviction may have been obtained under torture
B. The age identified in the judgment is wrong, and the actual age is under 18 years old
C. A clue is provided about a major bank robbery, which is verified to be true
D. The convicted person is pregnant
11. Song gave 30,000 yuan to the director of the state-owned toll station, Wu, who agreed that A would open another highway to the public. Agreements: A highway another exit to help truck drivers to escape fees, Wu Mou find ways to make this not investigated and dealt with, the proceeds of concern Guoxin Hongchuang pony WeChat public number to get more free information by the two share. After A organization dozens of people, sawed off the highway side of the barrier, fill in the isolation ditch (restoration of the original state of 30,000 yuan), the formation of an exit. Passing many truck drivers know that after the toll booths to charge 300 yuan, and give a 100 yuan can bypass the toll booths to continue to go. A in this way *** gained 300,000 yuan, but cheating Wu only 200,000 yuan, and divided by this amount.
On the characterization of A's illegal profits, the following analysis is correct: ( )
A, unauthorized operation of the toll booths charge business, the amount is huge, constituting the crime of illegal business
B, even if the collection of money posing as a state-owned staff of the toll booths, does not constitute the crime of solicitation
C, did not make the staff of the toll booths based on the knowledge of the error to exempt drivers from the toll fee, do not constitute the crime of fraud
D, the act of cheating Wu to get only 200,000 yuan constitutes the crime of concealing the proceeds of crime
12, Lin Mou pirated the sale of famous writer Huang's novels suspected of infringing on copyright, after the first and second trial, the second court ruled to quash the original judgment and remanded the case back to the court of first instance for a new trial. Which of the following options are correct regarding recusal in this case? ( )
A. A member of the trial committee of the court of first instance, A, is the brother of the wife of Lin's advocate, and Huang's attorney may apply for his recusal
B. B, the clerk of the first instance, B, is Lin's cousin and has not recused himself, and the court of second instance may rule that the judgment be remanded back to the court of first instance for a new trial on this ground
C. C, the presiding judge of the first instance court, C, is a loyal reader of Huang's, and should be recused
D, D, is the judge of the second instance, and should be recused. >D, D is a member of the panel of the second trial, if Lin is not satisfied with the decision made by the court of first instance retrial appealed again to the court of second instance, D should recuse himself
13, Sun is a civil servant of an administrative organization under the appointment system, and the two sides have signed a contract of appointment. Which of the following statements are correct? ( )
A. Sun's appointment shall be subject to open recruitment in accordance with the civil service examination and recruitment procedures
B. The organ shall manage Sun in accordance with the Civil Service Law and the appointment contract
C. Sun's salary may be paid in accordance with the state regulations
D. If a dispute arises between Sun and the organ over the fulfillment of the appointment contract, the organ may apply for arbitration to the Arbitration Committee for Personnel Disputes
D. Dispute Arbitration Committee to apply for arbitration
14, a county public security bureau received a telephone report that someone in Xue's residence prostitution, so they sent officers to check. The police arrived at the scene of the report, knocking on the door did not open to break into the room, only to see Xue a person. Xue concern Guoxin Hongchuang pony WeChat public number for more free information refused to sign the inspection report, the police noted this situation in the report. Xue believes that the inspection is illegal and files an administrative lawsuit. Which of the following options is correct? ( )
A. A county public security bureau should register telephone reports
B. There should be no fewer than two police officers inspecting Xue's residence
C. Police officers inspecting Xue's residence should show their work IDs and documents certifying the inspection issued by the public security organs of the government at or above the county level
D. Because Xue did not sign the inspection transcript made by the police officers. The transcript does not have evidentiary effect in administrative litigation
15, in the process of investigation, which of the following acts violates the provisions of China's criminal procedure law? ( )
A. The investigator refused the lawyer's request to be present during the interrogation
B. The public security organ changed the arrest measure without notifying the procuratorate that had originally approved it
C. The public security organ thought that the procuratorate's decision not to approve the arrest was in error, and continued to detain the suspect until it had filed a reconsideration
D. The investigator failed to inform the family of the suspect of the reason and place for the designation of the residential surveillance. The reasons and premises for residential surveillance
16. Which of the following options are correct regarding the offense of omission? ( )
A. When a child drowned in a public *** swimming pool, his father A and lifeguard B both intentionally failed to help. Both A and B are guilty of the crime of omission
B. During divorce proceedings, a husband who mistakenly believes that he is not obligated to aid his wife who has fallen into the water, resulting in her drowning, is guilty of the crime of negligent omission
C. A is able to save his mother on the occasion of a fire, but fails to do so in order to save his girlfriend. If there is no reason to exclude the crime, A constitutes a crime of omission
D. A poisons B's coffee, sees B drink a few sips and then passes the coffee to C. Fearing that the crime will be disclosed, A does not stop C from drinking the coffee, resulting in the deaths of B and C. A is guilty of a crime of omission against B, but not against C. A is guilty of a crime of omission against B, but not against C. A to B is as a crime, to C is a crime of omission
17, Song a traffic bureau in the inspection found that Zhang focus on Guoxin Hongchuang pony WeChat public number to get more free information on driving trucks without a road transport license, then detained Zhang driver's license and the goods on the car, requiring Zhang to pay a fine of 10,000 yuan. Zhang refused to pay, the Transportation Bureau will carry goods auction against the fine. The following statements are correct: ( )
A, the detention of the driver's license for administrative coercive measures
B, the detention of the goods for administrative coercive measures
C, the auction of the goods for administrative coercive measures
D, the auction of the goods for the behavior of administrative coercion
18, SONGS in the court, the accuser To the court to produce the dagger held by the defendant in the commission of the robbery. About the dagger, should be performed
The court investigation procedures, which of the following options are correct? ( )
A. Let the victim identify
B. Let the defendant identify
C. Hear the opinions of the defendant
D. Hear the opinions of the litigation agent
19. Under what circumstances, the compensation obligation organ refuses to confirm that the act of inflicting harm is unlawful, and the claimant for compensation can file an administrative compensation lawsuit directly with the people's court? ( )
A. A police officer in a detention center instigates a detainee to beat others
B. A township government collects money from farmers in violation of state regulations
C. A township government focuses on the education of women who are not permitted to go home for overbreeding
D. The Commodity Inspection Bureau mistakenly issues a certificate of inspection, which leads to the return of exported commodities
20. options are correct? ( )
A. A state official who knows that his close relatives are taking advantage of his position to accept bribes constitutes the crime of accepting bribes
B. A state official who falsely promises to use his position for the benefit of others and receives other people's property constitutes the crime of accepting bribes
C. A staff member of the state organ who commits the crime of dereliction of duty and accepts bribes constitutes the crimes of dereliction of duty and acceptance of bribes at the same time except that the Criminal Law has special provisions, the crime of dereliction of duty and the crime of accepting bribes shall be punished together
D. State functionaries who knowingly accept the property of another person with the request of that person are regarded as having the constitutive element of "seeking benefits for another person", and whether or not the benefit has actually been sought for the other person does not affect the determination of the acceptance of the bribe
21. On the number of offenses, which of the following options is correct (without regard to the amount or circumstances)? ( )
A, A, the use of altered currency to buy goods, the use of counterfeit currency crimes and fraud, constituting an imaginative crime
B, B, the smuggling of drugs, and smuggling of counterfeit currency constitutes a crime, the smuggling of drugs and smuggling of counterfeit currency to implement the number of crimes and penalties
C, C, C three successive invasion of military personnel to steal the home of the military uniforms, and then wearing the uniform of military personnel, soliciting and deceiving. C shall be punished as a felony by association
D. Ding knew that Huang had opened a casino on the Internet, but still provided him with Internet access services. D. Ding committed the crime of opening a casino and the crime of helping information network criminal activities, constituting an imaginative crime
22. Zou, a lawyer, was assigned by the legal aid organization to be the defender of Chen, a minor. Regarding Zou's rights, which of the following statements are correct? ()
A. He may investigate Chen's upbringing, causes of crime, and custodial education and submit them to the court
B. He may object to the court's application of the summary procedure to the case, and the court may therefore only hear the case using the ordinary procedure
C. He may make additional statements after Chen's final statement
D. He may be invited by the court to take part in the court education of Chen after the guilty verdict has been pronounced. Chen's court education
23, the procuratorate for the death penalty appeal, protest cases, should be before the court for a comprehensive review of the case file materials, and related work. According to the relevant provisions, which of the following work should be carried out? ( )
A. The defendant shall be questioned and his reasons for appeal or defense shall be heard
B. Depending on the circumstances of the case, the defense shall be heard when necessary
C. If there is any doubt about the appraisal conclusions, the appraisal may be re-appraisal or supplemental appraisal
D. If there is a victim, the victim's opinion must be heard
24. Which local regulations of the provisions of the Administrative License Law? ( )
A. To apply for a catering service license, one must go to the local catering industry association for certification procedures
B. To apply for a license to perform in an entertainment venue, the fee charged by the cultural authority shall be returned by the financial department at a certain percentage
C. Foreigners who come to the local area to operate cybercafes shall register with the local telecommunication administration and pay a special management fee
D、Application for planning permission for construction projects, the installation of energy-saving facilities designated by the construction authority
25、A hired murderer B to kill C, saying that it should not cause other consequences. B several times to kill C were unsuccessful, and then took the explosive method, C's residence (no other people and objects in the vicinity of the explosion), the result will be C's wife Ding killed, but C unharmed. Which of the following statements about this case is wrong? ( )
A, A and B constitute **** the same crime
B, A founded the crime of intentional homicide (attempted)
C, B founded the crime of attempted intentional homicide against C, and the crime of causing death by negligence against Din
D, B founded the crime of bombing against C, and the crime of causing death by negligence against Din
26, The Standing Committee of the National People's Congress on the Criminal Procedure Law The interpretation of the second paragraph of Article 271 of the Criminal Procedure Law provides that the prosecutor's office handling criminal cases involving minors shall hear the views of the victim before making a conditional decision not to prosecute and a decision not to prosecute at the expiration of the test period. Victims of the procuratorate's decision on conditional non-prosecution and the decision not to prosecute may appeal to the next level of the procuratorate, but they cannot bring a private prosecution to the court. Which of the following options is correct regarding the understanding of this interpretation? ( )
A. It increases the opportunity to hear the victim's statement
B. It facilitates the diversion of minor criminal suspects
C. It embodies the special protection of minor criminal suspects
D. It is an embodiment of the exclusivism of the criminal prosecution
27. Which of the following is true about the technical investigation? ( )
A. It applies to cases of crimes that seriously jeopardize society
B. It must be implemented after a case is filed
C. Both the public security organs and the procuratorate have the right to decide on and implement it
D. The materials obtained need to be transformed before they can be used in the court of law
28. A, who wanted to kill B, shot B. However, the result of the shooting was that both B and C were killed . Which of the following options are correct regarding this case? ( )
A. According to the specific conformity theory, A is guilty of attempted intentional homicide against B, and is guilty of manslaughter against C.
B. According to the statutory conformity theory, A is guilty of attempted intentional homicide against both B and C.
C. Regardless of whether it is based on the specific conformity theory or on the statutory conformity theory, A is guilty of attempted intentional homicide against B and C.
D. Regardless of whether it is based on the specific conformity theory, or on the statutory conformity theory, A is guilty of attempted intentional homicide against both B and C.
D. D. According to the specific conformity, or according to the statutory conformity, A to B was founded on the attempted intentional homicide, C was founded on the crime of negligence resulting in death
29, according to the provisions of the administrative licensing law, which of the following on the revocation of administrative licenses, withdrawal, cancel which statement is correct? ( )
A. Revocation and withdrawal of administrative licenses involve the substantive rights of the licensee
B. Modification of regulations can be used as a reason for an administrative organ to withdraw an administrative license that has already entered into force
C. If an administrative license granted by a staff member of an administrative organ who abuses his or her power is revoked, the administrative organ shall be compensated for the loss of the license
D. Cancellation is the legal procedure after an administrative license is revoked And withdrawn after the legal procedures
30, a, b conspired to kill c, planned by a cut on c, b gun ambush in the far dark, if c escaped, then wait for the opportunity to shoot. At the time of the crime, C was unaware of B's presence. In order to prevent A's unlawful intrusion, C shot A. The bullet passed by A and struck B in the distance, killing B. Which of the following options are correct regarding this case? ( )
A. C's behavior belongs to the error of striking, according to the specific conformity theory, C has no intentionality to the result of B's death
B. C's behavior belongs to the error of object, according to the stereotypical conformity theory, C has intentionality to the result of B's death
C. Regardless of what doctrine is adopted, C can't constitute justifiable self-defense against B
D. Regardless of what doctrine is adopted, C cannot constitute the crime of intentional homicide against A does not constitute an attempt at intentional homicide
31, on the seizure of physical and documentary evidence, which of the following practices is correct? ( )
A. When investigators searched Qian's house, they found a piece of evidence that could prove Qian's innocence, which was seized
B. In the case of Du's intentional homicide, the investigating authorities seized some of Du's articles and documents in accordance with the law. The investigating authorities shall, within five days, lift the seizure and freezing of items and documents not related to the case and return them to Du Mou
C. The public security organs may, in accordance with the provisions of the investigation of Liu Mou's theft case, inquire into and freeze Liu Mou's deposits and remittances
D. In the review and prosecution of Zhou Mou's theft crime, Zhou Mou died, and the prosecutor's office decided that a portion of the Zhou Mou's stolen money frozen in accordance with law be surrendered to the state treasury, and the rest returned to the victim. The rest of the part returned to the victim
32, September 7, 2006, the county court for the crime of selling shoddy products sentenced Yang Mou 8 years in prison and a fine of 450,000 yuan, confiscated a bulldozer. Yang Mou appealed, December 6, the city intermediate court upheld the original sentence to execution. Yang was still not convinced and appealed to the Provincial High Court. on September 9, 2010, the Provincial High Court acquitted Yang. in April 2011, Yang applied for compensation from the State. Which of the following statements are correct regarding the scope and standard of compensation in this case? ( )
A. For Yang's detention, the daily compensation shall be calculated according to the average daily wage of the employees in the previous year of the state
B. The 450,000 yuan fine shall be returned and the interest on the deposits made during the same period of time in the bank shall be paid
C. If the confiscated bulldozer has been auctioned off, the price of the auction proceeds and the corresponding compensation shall be paid
D. The payment of the compensation for the mental damage does not exist in this case.
33, suspect A is a minor under 18 years of age, in the investigation stage, in accordance with the law, which of the following procedural rights? ( )
A. During the interrogation, the investigating authority shall notify his legal representative to be present
B. During the interrogation of A, the investigating authority may notify his legal representative to be present
C. After A is interrogated for the first time, A may hire a defense attorney to provide legal assistance
D. After he is interrogated for the first time, A's relatives may hire a lawyer for him.
34, which of the following matters of the establishment of administrative agencies should be examined by the establishment management organs of the people's government at the next higher level and then submitted to the people's government at the next higher level for approval? ( )
A. The merger of two functional bureaus of a county
B. The establishment of additional internal organs of a provincial civil affairs department
C. The change of the name of the functional bureaus of a city
D. The establishment of deliberative and coordinative organs by the people's government of a county
35. A company, which is a shareholding system, believes that the decisions made by the administrative organs infringe upon the autonomy of the enterprise's operation. have the right to file an administrative lawsuit in the name of the company? ( )
A, shareholders
B, general meeting of shareholders
C, shareholders' representative meeting
D, the board of directors
Two, multiple-choice questions (this big question ***35 questions, each question 2 points, ***70 points)
1, ABCD 2, CD 3, BC 4, ACD 5, AC 6, CD 7, ABC 8, BCD 9, ABC
10, ABCD 11, BC 12, AB 13, BCD 14, ABC 15, BC 16, ACD
17, ABD 18, ABCD 19, ABCD 20, ACD 21, BD 22, ABD
23, ABC 24, ABCD 25, BCD 26, ABC 27, AB 28, AB
29, ABD 30, ACD 31, AC 32, AB 33, BD 34, AC 35, BCD
Self-examination / into the examination have questions, do not know the content of the examination points of the self-examination / into the examination, is not clear about the local self-examination / into the examination policy, click on the bottom of the official website to consult the teacher, free of charge to receive review materials:/xl/