问题 多项选择题

刘某,男,1992年2月27日出生。2008年2月27日,刘某趁马某全家外出游玩,翻墙进人马某院子中,并偷偷溜进马某的卧室。在一通翻箱倒柜之后,刘某共搜集到现金5000元、笔记本电脑一台(价值13000元)和其他一些小首饰。正在刘某准备翻墙逃跑的时候,马某的表哥舒某来马某家串门,恰好看见刘某在墙上。舒某大声呵斥刘某,要求其把马某的东西全都放下。但刘某不予理睬,反而从墙上跳下,向远处逃跑。舒某一把扯住刘某的衣服,但刘某从兜里快速取出一把匕首向舒某的心脏刺去,舒某应声倒地。后舒某被送至医院时已经死亡。那么应当如何处置刘某( )

A.以抢劫罪论处

B.以盗窃罪论处

C.以故意杀人罪论处

D.刘某不构成犯罪

答案

参考答案:D,C

解析:[考点] 刑事责任年龄
首先,计算年龄应以实足周岁为准。由题干可知,2008年做案时,刘某尚未满16周岁。所以刘某只可能涉嫌法定的八类犯罪。其次,《最高人民法院关于审理未成年人刑事案件具体应用法律若干问题的解释》第10条规定:“已满十四周岁不满十六周岁的人盗窃、诈骗、抢夺他人财物,为窝藏赃物、抗拒抓捕或者毁灭罪证,当场使用暴力,故意伤害致人重伤或者死亡,或者故意杀人的,应当分别以故意伤害罪或者故意杀人罪定罪处罚。”由此可见,在类似本案的情形下,已满14未满16周岁的未成年人将不会被认定为抢劫罪,而会被认定为故意杀人罪。故应选C。

填空题
阅读理解

Unlike traditional commercials, Public Service Advertisements(PSA)are primarily designed to inform and educate rather than sell a product or service. The goal of a PSA is not to make a big sale, but rather to change public opinion and raise awareness for a problem.

Smokey Bear has been a recognized symbol of the protection of America’s forests from fire. It is created to educate the public about the dangers of wildfires. Smokey Bear was started in 1944 with the slogan, “Smokey Bear Says—Care will prevent 9 out of 10 forest fires”. Smokey Bear’s later slogan,  “Remember! Only You Can Prevent Forest Fires”, was created in 1947 by the Advertising Council in America. In April 2001, the message was changed to “Only You Can Prevent Wildfires”.

The wildfire prevention campaign with Smokey Bear is one of the longest and most successful campaigns in advertising history. The Advertising Council often was in partnership with other organizations and groups to create various advertising for Smokey Bear since 1944.

The Advertising Council teamed with Walt Disney Company to create a series of PSAs. The ads feature(以···为形象)characters form the classic film Sleeping Beauty and aim to reach parents and children. The lovely Bambi also appeared in the advertisements. Mickey Mouse is much more popular throughout the country.

Those PSAs, which appear on television, on the radio, in the newspaper and on the website continue to remind Americans about the importance of wildfire prevention have helped to reduce the number of acres burned annually by wildfires. According to recent survey, Smokey Bear and his famous words of wisdom “Only You Can Prevent Wildfires” are recalled by 3 out of 4 adults.

In addition to the PSA campaign, Smokey Bear has his own U.S. postage stamp and website for more information about wildfire prevention. From the website, you can also learn all about wildfires and how we can protect our forests.

小题1:PSA are primarily designed to     .

A.educate the public

B.change people’s status

C.discuss a problem

D.sell products or services小题2:Which of the following is true of the Smoky Bear?

A.It is one recognized symbols of Walt Disney cartoons.

B.It firstly appeared in America in 1944 with no slogan.

C.It is created to warn Americans of the dangers of wildfires.

D.Its slogan changes every three years.小题3:How does the author support his topic in Paragraph 4?

A.By summing up.

B.By giving examples.

C.By comparison.

D.By asking questions.小题4:According to this text, Smoky Bear      .

A.helps a lot to reduce wildfires in America

B.isn’t popular among the American pupils

C.has set up its own website to advertise products

D.becomes the symbol of the Advertising Council