问题 单项选择题

甲某是某工厂的电焊工,在一次维修厂房过程中,未清除电焊作业下方堆放的大量的棉纱和锯末,就进行电焊作业。高温的电焊残渣掉落到下方的棉纱和锯末上,引起火灾,造成厂房被烧毁,直接经济损失80多万元,同时还导致当时在车间内工作的两名工人被大火烧死。甲某构成:

A.失火罪

B.失火罪和过失致人死亡罪

C.重大责任事故罪

D.重大责任事故罪和过失致人死亡罪

答案

参考答案:C

解析:[考点] 重大责任事故罪 甲某由于未按照焊接施工要求清理焊接现场的易燃物品因而导致大火发生,造成人员伤亡和重大经济损失,符合重大责任事故罪的构成,其行为形式上表现为由于过失引起火灾,应当定重大责任事故罪。同时重大责任事故罪中已经将致人死亡的危害结果包括在内,所以不用再定过失致人死亡罪。

单项选择题
问答题

(46) It is known that the brain shrinks as the body ages, but the effects on mental ability are different from person to person. Interestingly, in a study of elderly men and women, those who had more education actually had more brain shrinkage.
"That may seem like bad news," said study author Dr. Edward Coffey, a professor of psychiatry and of neurology at Henry Ford Health System in Detroit. (47) However, he explained, the finding suggests that education allows people to withstand more brain tissue loss before their mental functioning begins to break down.
The study, published in the July issue of Neurology, is the first to provide biological evidence to support a concept called the "reserve" hypothesis, according to the researchers. In recent years, investigators have developed the idea that people who are more educated have greater cognitive reserves to draw upon as the brain ages; in essence, they have more brain tissue to spare.
(48) Examining brain scans of 320 healthy men and women aged 66 to 90, researchers found that for each year of education the subjects had, there was greater shrink age of the outer layer of the brain known as the cortex. Yet on tests of cognition and memory, all participants scored in the range indicating normal.
"Everyone has some degree of brain shrinkage," Coffey said. "People lose (on average) 2.5 percent per decade starting in adulthood."
There is, however, a "remarkable range "of shrinkage among people who show no signs of mental decline, Coffey noted. Overall health, he said, accounts for some differences in brain size. Alcohol or drug use, as well as medical conditions such as diabetes and high blood pressure, contribute to brain tissue loss throughout adulthood.
In the absence of such medical conditions, Coffey said, education level helps explain the range of brain shrinkage exhibited among the mentally-fit elderly. The more-educated can withstand greater loss.
(49) Coffey and colleagues gauged shrinkage of the cortex by measuring the cerebrospinal fluid surrounding the brain. The greater the amount of fluid, the greater the cortical shrinkage.
Controlling for the health factors that contribute to brain injury, the researchers found that education was related to the severity of brain shrinkage. For each year of education from first grade on, subjects had an average of 1.77 milliliters 11 more cerebrospinal fluid around the brain.
Just how education might affect brain cells is unknown. (50) In their report, the researchers speculated that in people with more education, certain brain structures deeper than the cortex may stay intact to compensate for cortical shrinkage.