问题 问答题 简答题

锦成电器商行因扩大规模需要租用新的仓库,于是找到大兴仓储洽谈仓库租赁事宜,双方经商榷达成一致,现要签订合同。试问双方目前应签署的是仓储合同还是保管合同,两者有何区别?

答案

参考答案:

(1)应签署仓储合同。

(2)两者区别:

A.保管合同是实践合同,自保管物交付时成立。仓储合同是诺成合同,当事人双方依法就合同的主要条款协商一致,合同即成立。

B.合同是否有偿不一样。保管合同以无偿为原则,以有偿为补充。

C.保管合同对保管人的资格无特别的要求,仓储合同对保管人的资格有特殊要求,保管人必须是专营或兼营仓储保管业务的人。

D.仓储合同一般是大宗数量物品的储存,保管合同一般是单件或小宗物品的寄存。

E.保管合同中有偿保管的,保管人应承担相应赔偿责任;无偿保管的,保管人能证明自己没有重大过失的,就可以不承担损害赔偿责任。仓储合同,保管人均应对保管不善承担损害赔偿责任。

问答题

甲为了骗取保险金,花1万元买来一辆二手名牌轿车,通过在某国有保险公司担任业务员的好友乙经办,向该保险公司谎报轿车价值为20万元,投保车辆盗抢、毁损险。之后,甲找中学生丙(男,15岁),给丙5千元报酬,请丙将停在甲自家平房前的轿车烧毁。丙问为什么,甲说那是邻居的车,要烧掉报复邻居。丙说没问题,10天以内解决。丙拿钱带上同学丁(男,15岁)一起吃喝、上网吧。丁问丙哪来的许多钱,丙告以实情,并请丁帮忙,丁答应,并搞来一大瓶汽油放在丙家,准备点火用。

此间,甲担心轿车离自己家太近,烧车会烧到自家和邻居的房屋,就打电话告诉丙放弃烧车,并让丙将5千元钱退回。丙已将钱花去大半,无法偿还,听后十分着急,一边答应停止行动,过几天退钱,一边通知丁就在当晚行动。丁答应,约定当晚在烧车地点汇合。晚上,丙带上汽油瓶到烧车地点,丁因害怕未去。丙久等丁未果,遂决定单独行动。丙将汽油泼到车上,点火烧车,然后躲在一边察看动静。丙见火越烧越大,十分害怕,急忙打电话报火警,并急叫附近四邻灭火。由于丙报警、喊人救火及时,仅烧毁轿车、烤糊了领近该轿车的几间房屋的门窗和屋檐,未造成其他后果。

事后,甲向保险公司索赔,保险公司派乙核定险损事故。乙明知甲虚报保险标的价值、恶意制造了这起保险事故,但考虑是朋友关系,还是给其出具了保险事故评估证明,致使保险公司全额赔付甲20万元保险金。

案发后,乙在审讯期间主动交待:在3个月前曾利用职务上便利虚构一起车险事故,从本公司骗领到5万元赔款,据为已有。

阅读分析上述案例后,请回答以下问题:

(1)甲、乙、丙各构成何罪或何罪的共犯(只需指明甲、乙、丙分别就哪一事实成立何罪或何罪之共犯,不必说明理由)。

(2)丁的行为是何种犯罪形态(既遂、未遂、预备、中止)并简要说明理由。

(3)根据本案给出的事实,指出哪些被告人具有何种法定量刑情节。

单项选择题

Computer programmer David Jones earns £35,000 a year designing new computer games, yet he cannot find a bank prepared to let him have a check card. Instead, he has been told to wait another two years, until he is 18.
The 16-year-old works for a small firm in Liverpool, where the problem of most young people of his age is finding a job. David’s firm releases two new games for the expanding home computer market each month.
But David’s biggest headache is what to do with his money. Despite his salary, earned by inventing new programs within fight schedules, with bonus payments and profit-sharing, he cannot drive a car, take out a mortgage, or obtain credit cards.
He lives with his parents in their council house in Liverpool, where his father is a bus driver. His company has to pay £150 a month in taxi fares to get him the five miles to work and back every day because David cannot drive.
David got his job with the Liverpool-based company four months ago, a year after leaving school with six O-levels and working for a time in a computer shop. "I got the job because the people who run the firm knew I had already written some programs," he said. "I suppose £35,000 sounds a lot but actually that’s being pessimistic. I hope it will come to more than that this year." He spends some of his money on records and clothes, and gives his mother £20 a week. But most of his spare time is spent working.
"Unfortunately, computing was not part of our studies at school," he said. "But I had been studying it in books and magazines for four years in my spare time. I knew what I wanted to do and never considered staying on at school. Most people in this business are fairly young, anyway." David added, "I would like to earn a million and I suppose early retirement is a possibility. You never know when the market might disappear."

Why is David different from other young people of his age

A.He earns an extremely high salary.

B.He is employed.

C.He does not go out much.

D.He lives at home with his parents.