76. Which of the following statements is wrong? A. all criminal cases should be tried by a collegial panel? B. If the collegial panel considers it difficult to make a decision on a difficult, complicated or major case, it shall submit it to the judicial committee for decision? C. The collegial panel only refers to the decision of the judicial committee? D. cases tried separately cannot be submitted to the judicial Committee for decision.
77, which of the following time is not included in the trial limit? A. When did the defendant have a psychiatric appraisal? B. If the defendant entrusts another case or the court reassigns a defender or lawyer according to law, how long will it take to prepare the defense from the date when the trial is postponed to 10? C. When the parties apply for a new witness to appear in court, the court agrees and announces the postponement of the trial. D. When the parties apply for withdrawal, the court decides to postpone the trial, that is, postpone the trial.
78. Liu quarreled with his neighbor Deng because of trivial matters in life. Deng was insulted by Liu and hit Liu's face, causing injuries to Liu's nasal bones and other parts. Liu filed a public prosecution with the people's court, demanding that Deng be investigated for criminal responsibility. During the trial of the case, Deng counterclaimed Liu on the grounds of insult and slander. Which of the following statements is true? A. The people's court may conduct mediation when trying two lawsuits of Liu and Deng. B. Liu Can requested that the private prosecution be withdrawn before the verdict was pronounced. According to the statutory circumstances, the people's court may not grant permission. 3. If Liu withdraws the prosecution, the people's court shall terminate the trial of Deng's counterclaim. 4. If Liu withdraws the prosecution, the people's court shall continue to hear Deng's counterclaim.
79. Fang Lin sued Huang Jing for insulting. After the court accepted the case, Huang Jing counterclaimed Fang Lin for libel. After review by the court, the counterclaim conditions are met and the cases are tried together. The court sentenced Huang Jing to 65,438+0 years in prison for insulting and Fang Lin to 65,438+0 years in prison for libel. Fang and Huang refused to accept, and both appealed on the grounds that the other party's sentence was too light and his sentence was too heavy. According to the criminal procedure law, how should the final judgment of the court of second instance be made? A. don't aggravate the punishment of the other party? Can the punishment for Huang be aggravated? C. Don't increase the punishment for Huang? D. you can increase the punishment for the other party.
80. The Tobacco Monopoly Law stipulates that enterprises or individuals engaged in the retail business of tobacco products shall be examined and approved by the administrative department for industry and commerce of the people's government at the county level according to the entrustment of the tobacco monopoly administrative department at a higher level. The following statements about entrusting the implementation of administrative licensing are correct: a. An administrative organ may entrust other administrative organs to implement administrative licensing within its statutory functions and powers in accordance with the provisions of laws, regulations and rules. B the superior tobacco monopoly bureau shall bear legal responsibility for the implementation of administrative license by the county administration for industry and commerce. C the industrial and commercial bureau issues tobacco monopoly and retail licenses in its own name. (four) the industrial and commercial bureau may entrust other organs to implement administrative licensing.
8 1, Zhang entrusted Liu to buy books, and gave Liu a national passbook 1 yuan and a book purchase price of 30,000 yuan. On the way, Liu took out the 3000 yuan saved to buy drugs and was caught by the public security organs on the spot. During the trial, the remaining 654.38 million yuan in Liu's confession passbook was still intended to be used to buy drugs. The county court sentenced Liu to fixed-term imprisonment 15 years. Subsequently, the public security organ made a decision on administrative punishment. Regarding the 3,000 yuan and the balance in the passbook seized on the spot, the correct treatment methods are as follows: a. Confiscate 3,000 yuan for drug purchase and return the balance in the passbook to Liu B. Confiscate 3,000 yuan for drug purchase and the balance in the passbook for drug purchase C. Return 3,000 yuan for drug purchase and the balance in the passbook to Zhang D. Confiscate 3,000 yuan for drug purchase.
82. When an enterprise produces fake and shoddy products, it is found by the local administrative department, and the enterprise is fined, its illegal income is confiscated, and it is ordered to stop production and business. After the punishment decision is made, the enterprise fails to perform the punishment decision within the prescribed time limit. At this time, the administrative organ can: a. apply to the people's court for compulsory execution; (2) Auction the sealed-up or detained property according to law; (3) Using frozen deposits to offset fines according to law; D. If the fine is not paid at the due date, a fine of 3% of the fine amount will be added for each item.
83. Regarding the administrative reconsideration, the following reconsideration organs handled it correctly: a. A certain city industrial and commercial bureau fined citizen A 200 yuan according to a document issued by the Trademark Office of the State Administration for Industry and Commerce, but Party A refused to accept it, and filed an administrative reconsideration with the provincial industrial and commercial bureau, and applied for examination of the document. After examination, the Provincial Administration for Industry and Commerce decided to reject Party A's application for examination. According to a regulation of the Ministry of Agriculture, a city's agricultural bureau fined citizen B, 50 yuan .. B, and filed an administrative reconsideration with the Provincial Department of Agriculture to apply for reviewing the regulation. After examination, the Provincial Department of Agriculture made an administrative reconsideration decision, saying that the provision was in compliance with the law. C. If the State Taxation Bureau of a city refuses to accept the fine imposed by citizen C on 200 yuan, it files an administrative reconsideration with the provincial State Taxation Bureau and applies for reviewing the administrative regulations on which the specific administrative act is based. The Provincial State Taxation Bureau made an administrative reconsideration decision to maintain the administrative punishment of the Municipal State Taxation Bureau, and said that there was no basis for C to apply for review of administrative regulations. D. A city public security bureau imposed a fine on citizen Ding in 300 yuan according to the local regulations formulated by the provincial people's congress. Ding refuses to accept, and brings an administrative reconsideration to the Municipal People's Government. After accepting it, the Municipal People's Government considers that the local regulations formulated by the provincial people's congress do not conform to the law, and decides to suspend the reconsideration, and will forward them to the provincial people's congress for handling through the provincial people's government.
84. When examining a specific administrative act, the reconsideration organ finds that the rules on which the specific administrative act is based or the decisions and orders with general binding force are in conflict with laws, regulations or other rules and decisions and orders with general binding force. What should be done? A. it shall be revoked or changed according to law within the scope of its functions and powers. B. If the reconsideration organ has no right to handle it, report to the higher administrative organ; If the latter has the right to deal with it, it shall be dealt with according to law. C. If the superior administrative organ has no right to handle it, it shall submit it to other competent organs for handling according to law. D. During the handling period, the reconsideration organ will not stop hearing the case.
85. Young men and women Li and Zhao went to the local town civil affairs department to register their marriage. Wang, the chief of the town civil affairs department, had a conflict with Li, and privately asked Li for 500 yuan RMB, otherwise he would not go through the registration formalities. In desperation, Li gave 200 yuan to Wang, but Wang felt very dissatisfied because he did not meet Wang's requirements. Therefore, the Civil Affairs Section never registered Li and Zhao, and did not explain the reasons. Li and Zhao applied for administrative reconsideration to the reconsideration organ. The following statements are correct: A. The reconsideration organ can directly handle the marriage registration procedures for Li and Zhao according to law. B the reconsideration organ may first determine the illegality of the inaction of the town civil affairs department, and then investigate the administrative responsibility of Wang and other responsible persons. C the reconsideration organ may make a decision to let the town civil affairs department handle the marriage registration formalities for Li and Zhao. D, because the marriage registration must be handled by the parties themselves, Li and Zhao may not entrust an agent to apply for reconsideration.
86,200112.20, Wang, an employee of a township enterprise, packed alcohol in an empty carton and took it to the train. Liu Faxian, the train conductor, asked for unpacking inspection. On this basis, the train conductor thought that Wang's behavior violated the stipulation that "inflammable, explosive and other dangerous crystals are not allowed on the train" in the National Regulations on the Safety Protection of Railway Transportation, and decided to confiscate all his alcohol and fine 50 yuan. Wang refused to accept it and filed an administrative lawsuit with the people's court. The following statements are correct: A. Because the railway bureau is a transportation enterprise and does not have the qualification of administrative subject, the people's court should not accept it. B the people's court shall accept the case, because the state railway transport enterprise has the right to inspect the passengers' belongings and has the qualification of administrative subject when exercising the administrative power conferred by laws and regulations. C the case should be accepted by a special railway court. The case should be accepted by the ordinary people's court.
87. A foreign enterprise set up in China to produce TV sets was complained by citizens of China because of the quality of its TV sets. The local administration for industry and commerce decided to impose a fine of 6000 yuan on the foreign enterprise, but the foreign enterprise refused to accept it and filed an administrative lawsuit with the people's court. In this case, the following viewpoints are correct: A. If a foreign enterprise entrusts a lawyer to represent the lawsuit, it must entrust a lawyer from People's Republic of China (PRC). B as a foreign company is located in China, it has to pay taxes to China, and of course it enjoys national treatment in litigation. C regardless of the verdict, the litigation costs shall be borne by the foreign enterprise. D when a foreign enterprise entrusts a domestic lawyer to represent the lawsuit, the foreign lawyer can only act as a litigation agent as a non-lawyer. 88. He started a private school without approval, and the county education bureau seized the school he started on the grounds that he was running illegally and imposed a fine. He refused to accept, filed an administrative reconsideration with the Municipal Education Bureau and filed an administrative lawsuit with the people's court. The following statement is wrong: A. The Municipal Education Bureau cannot accept the application for reconsideration because he also filed an administrative lawsuit. B because he filed an administrative reconsideration at the same time, the people's court could not accept the lawsuit. C the municipal education bureau can accept the application for reconsideration, even if the people's court has accepted the lawsuit. D the people's court can accept the lawsuit, even if the municipal education bureau has accepted the application for administrative reconsideration.
89. The District Administration for Industry and Commerce made an administrative penalty decision on Guanghua Garment Factory to stop production and operation, and immediately implemented it. Guanghua Garment Factory applied to the Municipal Administration for Industry and Commerce for reconsideration, and after it was upheld, it brought a lawsuit to the court. The court of first instance upheld the punishment decision, and Guanghua Garment Factory appealed again. At the second trial, a lawyer was invited and a request for administrative compensation was made. After trial, the people's court of second instance found that the administrative punishment imposed by the District Administration for Industry and Commerce on Guanghua Garment Factory was illegal. The following statements about how the people's court of second instance should handle the case are wrong: a. Revoke the judgment of first instance, make a decision to revoke the administrative punishment, and the District Administration for Industry and Commerce will make a judgment on the compensation of Guanghua Garment Factory; B. Cancel the judgment of first instance, confirm that the administrative penalty decision is illegal, and both parties mediate on compensation. If mediation fails, the whole case shall be sent back for retrial; C cancel the judgment of first instance, confirm that the administrative punishment decision is illegal, and the two sides mediate on compensation. If mediation fails, the administrative compensation shall be sent back for retrial; D. Cancel the judgment of first instance, cancel the decision of administrative punishment, and both parties mediate on compensation. If mediation fails, notify Guanghua Garment Factory to sue separately for compensation.
90. When the People's Government of jia county forcibly demolished the house built by Factory B without approval, it did not inform Factory B in time, nor did it list the items, and the items in the house were damaged. Forced demolition was later recognized as illegal by the court for violating legal procedures. From June 5438 to February 2002, the business license of Factory B was revoked by the industrial and commercial department, and the corporate registration of Factory B was cancelled in April 2003. June, 5438+October, 2003 10, No.2 Factory filed an administrative lawsuit with the court, demanding the jia county Municipal People's Government to compensate for the plant investment and the loss of goods. Which of the following statements is incorrect? A factory B has the plaintiff qualification. B. The limitation of administrative compensation lawsuit brought by Factory B is two years from the date when the forced demolition is confirmed to be illegal. C. Because the demolished house of Factory B is an illegal building, the request of Factory B is not established. D. Because the demolition behavior of the county people's government only has procedural violations, the request of Factory B is not established.
Three, indefinite multiple-choice questions, each question has one or more correct answers in the given options, no answer, less answers or more answers do not score. There are 9 1- 100 questions in this section, with 2 points for each question and 20 points for * * *. 9 1, please judge which of the following statements is correct: A. A hates B very much and wants to kill it. One day, A found B and C standing together on a scaffold more than 50 meters high. Thoughts on cutting the rope of scaffolding to kill B. There is no enmity between Party A, Party B and Party C, but Party A and Party B are eager to cut the rope, which leads to Party B and Party C falling to his death. In this case, the death of A to C should be regarded as indirect intention. B.a. broke into the warehouse in the middle of the night to steal. Because the light was too dim, A used a lighter to boil the rope tied with sacks to find property, which ignited the goods in the warehouse and caused the warehouse to burn down. In this case, A should be regarded as arson. C.A. is an old driver and is quite proud of his skills. One day, A found that his car's brakes failed, but he drove out because of his good technology and familiarity with the road conditions. Soon after he went out, he killed pedestrian B because of the brake. In this case, A should be regarded as the fault of overconfidence. D.A. aimed at a rabbit while hunting, but found a shepherd boy sleeping next to the rabbit. A was eager to hunt and shot, but unfortunately he hit the shepherd boy and died immediately. In this case, A should be regarded as the fault of overconfidence.
92, a mine contracted mining business. In order to reduce the mining cost and increase the mining output, A mobilized local miners and villagers to take their children to work in the mine and promised to give them high wages. Miners and villagers took their children to the mine to engage in underground mining operations, and more than 20 of them were minors aged 10 ~ 16. Later, due to the unfulfilled high salary of A Institute, more than 20 child laborers said they didn't want to do it anymore and asked to leave the mine. A didn't agree, but also surrounded the mine with barbed wire, hired dozens of guards, banned all miners, including these two dozen child laborers, and forced them to mine for them. One of them, aged about 65,438+02, collapsed in the ground because of weak constitution. What crime does A's behavior constitute? A. the crime of illegal detention B. the crime of forcing employees to work C. the crime of hiring child workers to engage in key jobs D. the crime of major liability accidents.
93. The following statements about theft cases are wrong: A. Whoever steals radio and television facilities or public telecommunication facilities is of little value, but it is enough to endanger public safety should be convicted and punished for the crime of stealing radio and television facilities or public telecommunication facilities. B. Theft of radio and television facilities and public telecommunication facilities constitutes the crime of stealing and destroying radio and television facilities and public telecommunication facilities at the same time, and should be punished as a felony.
C if a motor vehicle is used as a criminal tool to steal other property, the value of the stolen motor vehicle is not included in the theft amount. D. Whoever commits other crimes by stealing a motor vehicle shall be convicted and punished according to the implicated felony, and there is no need to combine punishment for several crimes.
94.a's daughter took the college entrance examination in 2003 and failed to reach the admission line of a university. Party A entrusts Party B, deputy director of the Municipal Education Commission where the university is located, to greet Party C, vice president in charge of enrollment in the university. Party A also paid Party B 20,000 yuan in cash, of which 1000 yuan was used to reward Party B, and the rest 1000 yuan was required to be handed over to Party C. Party B greeted Party C and handed over 6,543.8+000 yuan to Party C. C received 1 000 yuan, promising to help as much as possible, but still refused to accept A. A month later, after knowing this, C's wife Ding said to C, "You didn't help others, so you can't accept this 10000 yuan. You'd better give it back to others. " After Party C agrees, Party D will return 654.38 million yuan to Party A. Which of the following statements is wrong about this case? A. B's behavior established the crime of unjust enrichment and bribery. B. C did not take advantage of his position to seek benefits for others, so he was not convicted of accepting bribes. C.C. returned the property after failing to seek benefits for others, so the crime of accepting bribes was not established. D.D. returned 1 0,000 yuan of bribe money to A without handing it over to the judicial organ, which constituted the crime of helping to destroy evidence.
95. In a fraud case, the defendant A 17 years old. During the trial, A's father, B, applied to ask C, the court record clerk of this case, to withdraw on the grounds that the victim Ding had invited C out for dinner before the trial. In this case, which of the following statements is correct? A. Party B's application for withdrawal shall be approved by Party A. B. Relevant supporting materials shall be provided when applying for withdrawal. C whether to approve the application for withdrawal in this case shall be decided by the presiding judge. D whether to approve the application for withdrawal in this case is decided by the president of our hospital.
96. During the trial of a public prosecution case, which of the following options did the collegial panel decide to postpone the trial? A. The defender applies to notify a new witness to appear in court, which the judge thinks may affect the determination of the facts of the case. B. The public prosecutor requests supplementary investigation. C. the defendant refuses the defender to defend him in court. D. the defendant who requested to hire another defender according to law suffers from serious illness, which makes the case unable to continue for a long time.
97. Defendant Li Yang was sentenced to death by the Intermediate People's Court for intentional homicide and espionage, with a two-year suspension. During the appeal, the people's procuratorate held that the people's court had improperly sentenced the sentence and lodged a protest according to law. After the court of second instance did not hold a hearing, it considered that the court of first instance found that the facts were correct and the sentence was too light, and revoked the original judgment according to law, commuted the death penalty and approved the immediate execution of the death penalty. What practices are illegal in this case? A the court of second instance commuted the defendant's death sentence and immediately executed it. The court of second instance approved the execution of the death penalty. C. the court of second instance did not send it back for retrial. D. The court of second instance did not hear the case.
98. Which of the following statements is correct? A in the process of administrative reconsideration, the respondent shall not collect evidence from the applicant and other relevant organizations or individuals. B. If the respondent fails to submit a written reply and the evidence, basis and other relevant materials of a specific administrative act, it shall be deemed that there is no evidence or basis for the specific administrative act, and the specific administrative act shall be revoked. C. If the administrative reconsideration organ orders the respondent to make a specific administrative act again, the respondent shall not make the same or basically the same specific administrative act with the same facts and reasons. D the administrative reconsideration organ shall make an administrative reconsideration decision within 60 days from the date of accepting the application, unless the time limit for administrative reconsideration prescribed by law is less than 60 days.
In May, 1999.2001year, a city public security bureau filed a case against A for suspected fraud. The Public Security Bureau took A to the bureau for questioning for 48 hours, searched A's residence, seized 654.38 million yuan in cash, frozen 200,000 yuan in bank deposits, and placed A under residential surveillance. In June+10 of the following year, the public security bureau decided to confiscate the illegal income of 654.38 million yuan and lift the freeze on the grounds that A had published false advertisements and defrauded students' tuition fees. Since then, the Public Security Bureau has not dealt with A's fraud, and A filed an administrative lawsuit with the court. Which of the following acts can be tried by the court? A. Confiscation of illegal income of 654.38 million yuan; B. Seizure of cash of 654.38 million yuan; C. freezing bank deposits of 200,000 yuan; Detention and interrogation for 48 hours.
100, Liu Jiayu, a farmer from a county in Tianjin, was criminally detained by the county public security bureau on suspicion of forcing a case, and was arrested by the county public security bureau with the approval of the county procuratorate. After hearing the case, the people's court of first instance declared Liu Jiayu innocent. Liu Jiayu therefore filed a state compensation request with the relevant authorities. Then the following statements about this case are correct: A. The subject of compensation obligation should be the county public security bureau and the county procuratorate B. The subject of compensation obligation should be the county procuratorate C. The judgment of the court of first instance should be used as a legal document to confirm Liu Jiayu's wrongful arrest D. The subject of compensation obligation should be