Examination questions and answers of knowledge contest on prevention of duty crime (3)

Four. Risk problem: 1. Defendant Gao Yuan is the director of the finance department of a state-owned company. On May 3, 20 1 1 year, on the grounds that the company needs to pay the property tax of 20 10, it lent the cashier a blank transfer check with a private deposit of190,000 yuan. The next day,

Deposit into a personal savings account. Later, the company's accounts were cleaned up by privately engraving financial accounting seals and forging financial vouchers. What crime did Gao commit?

A: High behavior is a crime of corruption. The reason is that Gao, as the manager of the financial department of state-owned enterprises, meets the requirements of the subject of corruption; He took advantage of his position to fabricate the fact of paying property tax, and forged accounting vouchers to offset the accounts, defrauding the company's funds of 6.5438+0.9 million yuan, which is in line with the provisions of the objective elements of the crime of corruption to occupy public property by deception; Subjectively, there is intentional corruption, and the purpose of illegal possession of public property is very clear. To sum up, high behavior has constituted the crime of corruption.

2. The municipal maintenance company is a state-owned institution. From February 2009 to February 20 1 1, the company demanded 880,000 yuan and 50,000 yuan from the construction contractors Shimou and He respectively, and then distributed them to employees as welfare. What crime is this behavior?

A: It is the crime of accepting bribes by the unit. Municipal maintenance company is a public institution, which conforms to the main characteristics of the crime of accepting bribes by units; Objectively speaking, asking for money from construction contractors Shimou and He Mou is carried out in the name of the unit, and the illegal interests also belong to the unit and are not occupied by a few people, which conforms to the objective elements of the crime of accepting bribes by the unit; Subjectively, it is intentional, asking for money directly. In view of the above reasons, this behavior belongs to the crime of accepting bribes by the unit.

3. When a villager used counterfeit money in the market, he was caught by the local industrial and commercial office and found counterfeit money of more than 2,300 yuan in his bag. Upon inquiry, it was learned that the villager exchanged real money of 1500 yuan for counterfeit money of 3,000 yuan, and spent more than 600 yuan for his own consumption. The industrial and commercial office fined him 4000 yuan and solved the matter. A few days later, the industrial and commercial office seized the villager's use of counterfeit money in the market. The industrial and commercial office fined him 5,000 yuan and let him go. Is this behavior a crime? If it is a crime, what crime has it committed?

A: He committed the crime of practicing favoritism and not transferring criminal cases. Article 402 of China's criminal law stipulates: administrative law enforcement personnel who practice favoritism and malpractice and fail to hand over those who should be handed over to judicial organs for criminal responsibility according to law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of more than three years or criminal detention; If serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. ? In this case, the industrial and commercial office, as an administrative law enforcement organ, replaced punishment with administrative punishment for the economic benefit of the unit, which indulged the criminal suspect and made him continue to carry out illegal and criminal activities and evade legal investigation. This behavior conforms to the constitutive requirements of the crime of practicing favoritism and not transferring criminal cases stipulated in Article 402 of the Criminal Law, and the person in charge of the industrial and commercial office should be placed on file for investigation on the crime of practicing favoritism and not transferring criminal cases.

4. What is a duty crime?

A: Duty crime refers to a criminal act in which a state functionary takes advantage of his position, embezzles and accepts bribes, neglects his duty, engages in malpractices for personal gain or infringes on civil rights, undermines the state's management function of official activities, and causes heavy losses to public property and people's interests, which should be punished according to the provisions of the Criminal Law.

5. What are the objectives and tasks of preventing duty crimes?

A: According to? Education is the foundation, legal system is the guarantee and supervision is the key? Actively explore the establishment of a working mechanism for preventing job-related crimes under the leadership of the Party, the cooperation of relevant departments, the combination of specialized prevention and systematic prevention, and the combination of procuratorial prevention and social prevention, establish and improve a system for punishing and preventing corruption that pays equal attention to education, system and supervision, and effectively curb and reduce job-related crimes.

6. What is the guiding ideology for preventing duty crimes?

A: Deng Xiaoping Theory? Theory of Three Represents theory? Guided by the central government's important thinking on the anti-corruption struggle and a series of principles and policies, we should closely focus on the central work of the party and the state, adhere to the principle of giving priority to prevention, giving priority to education, and treating both the symptoms and root causes. Under the unified leadership of the party Committee, we should give full play to the procuratorial function, do a good job in preventing job-related crimes, and serve the overall situation of reform, development and stability.

7. What are the criteria for filing corruption cases?

Answer: (1) The amount of personal corruption is more than 5,000 yuan;

(2) The amount of personal corruption is less than 5,000 yuan, but there are corrupt means such as disaster relief, emergency rescue, flood prevention, epidemic prevention, special care, immigration, disaster relief funds and materials, stolen money, confiscated funds and materials, temporarily withheld funds and materials, and corruption, destruction of evidence, transfer of stolen goods, etc. , also want to put on record.

8. What are the criteria for filing the crime of accepting bribes?

Answer: (1) The amount of personal bribery is more than 5,000 yuan;

(2) If the amount of personal bribery is less than 5,000 yuan, it should also be investigated and dealt with under the following three circumstances: First, the national or social interests have suffered heavy losses due to bribery; Second, deliberately making things difficult and threatening the relevant units and individuals to cause adverse effects; The third is to forcibly ask for property.

9. What is the significance of strengthening the prevention of duty crimes?

A: It is the need to implement the policy of treating both the symptoms and root causes of corruption and comprehensive management. It is the need to ensure reform, opening up and construction; It is the need to maintain social stability; It is the need to promote the building of a clean and honest party style and maintain the flesh-and-blood ties between the Party and the broad masses of the people.

10, what are the principles for preventing duty crimes?

A: Adhere to the CPC Central Committee's policy of addressing both the symptoms and root causes of corruption; Adhere to the leadership of the party and rely on social forces.

And public participation; Persist in serving the overall situation of the work of the party and the state; Adhere to the procuratorial function; Insist on seeking truth from facts.