问题 单项选择题

某镇医院医生贾某在为患者输血时不按规定从县血站提取,而是习惯于直接从献血者身上采血后输给患者。住院病人于某因输了贾某采集的不符合国家规定的血液发生不良反应死亡。贾某的行为构成何罪

A.非法采集、供应血液罪

B.采集、供应血液事故罪

C.医疗事故罪

D.过失致人死亡罪

答案

参考答案:A

解析:[测试点] 有关医疗事故犯罪的认定。
根据刑法第334条第1款的规定,非法采集、供应血液罪是指“非法采集、供应血液或者制作、供应血液制品,不符合国家规定的标准,足以危害人体健康的”,贾某不按规定从县血站提取,而是直接从献血者身上采血,,符合非法采集、供应血液罪的特征,故贾某应构成非法采集、供应血液罪,A项应选。
刑法第334条第2款规定,采集、供应血液事故罪是指“经国家主管部门批准采集、供应血液或者制作、供应血液制品的部门,不依照规定进行检测或者违背其他操作规定,造成危害他人身体健康后果的”,也就是说该罪的主体是有权采集血液的部门。题中某镇医院医生贾某并不具有采集血液的资格,所以不够成该罪,B项不能选。非法采集、供应血液罪与医疗事故罪、过失致人死亡罪是特别法与一般法的关系。根据特别法优于普通法的原则,对贾某应定非法采集、供应血液罪。所以CD两项不能选。

阅读理解

It was terribly cold and nearly dark on the last evening of the old year, and the snow was falling fast. In the cold and the darkness, a poor little girl, with bare head and naked feet, wandered through the streets. It is true she had on a pair of slippers when she left home, but they were not of much use. They were very large, so large, indeed, that they had belonged to her mother, and the poor girl had lost them in running across the street to avoid two carriages that were rolling along at a terrible rate. One of the slippers she could not find, and a boy seized upon the other and ran away with it. So the little girl went on with her little naked feet, which were quite red and blue with the cold. In an old apron she carried a number of matches, and had a bunch of them in her hands. No one had bought anything of her the whole day, nor had any one given her even a penny.

Lights were shining from every window, and there was a delicious smell of roast goose, for it was New-year’s eve—yes, she remembered that. In a corner, between two houses, one of which projected beyond the other, she sank down and huddled(蜷缩)herself together. She had drawn her little feet under her, but she could not keep off the cold; and she dared not go home, for she had sold no matches, and could not take home even a penny of money. Her father would certainly beat her; besides, it was almost as cold at home as here.

小题1:The story happened ________.

A.on New-year Day

B.on Christmas

C.on a rainy evening

D.on a snowy night小题2:From the passage we can learn that the little girl’s father ______.

A.is cruel to her

B.is kind to her

C.is patient with her

D.is popular with her小题3:How did the little girl feel in the passage?

A.Doubtful.

B.Hopeless.

C.Confident.

D.Stressful.小题4:The passage is probably taken from _____.

A.an essay

B.a lecture

C.a story

D.a poem

选择题