问题 单项选择题

无业青年李某(23岁)与15岁的初中学生王某在网吧相识,李某指使王某乘网吧主人不在时,将一台电脑偷走卖与他人。买后所得的5000元钱二人平分,各得2500元。下列选项中对李某行为认定正确的是:

A.成立教唆犯罪

B.盗窃罪的间接正犯

C.与王某成立共同犯罪

D.成立传授犯罪方法罪

答案

参考答案:B

解析:本题考查教唆犯的成立条件。 教唆犯所教唆的对象必须是达到刑事责任年龄、具有刑事责任能力的人。根据《刑法》第 17条第2款的规定,已满14周岁不满16周岁的人只对故意杀人、故意伤害致人重伤或者死亡、强 * * 、抢劫、贩卖毒品、放火、爆炸、投毒罪负刑事责任,本案中的王某未满16周岁,对盗窃罪不承担刑事责任,也就不能成为教唆犯的对象。因此李某不成立教唆犯,也不与王某成立共同犯罪,而是成立盗窃罪的间接正犯,独立承担相应的刑事责任。 传授犯罪方法罪客观方面表现为使用各种手段将犯罪方法传授与他人,被传授的对象没有限定,而且是独立的罪名,有独立的法定刑,与教唆犯罪有很大区别。

阅读理解

阅读理解

     Everyone's at it, even my neighbors. I thought I might be the only person left in the world who hadn't

done an eBay deal. So I decided to try my hand at online auction (网上拍卖).

     Buying for beginners: Sign up on www.eBay.co.uk. Most items (e.g. tables, computers, and books)

ready for auction will come with a picture and a short description; others may be marked with "Buy It

Now" and have a fixed price. You can buy these right away.

     If the item is being auctioned, you offer the highest price you are prepared to pay and eBay bids(出

价)for you .The bid will be increased little by little until it goes beyond your highest bid, then you are

emailed and asked if you would like to bid again. Auctions last up to 10 days, and when they finish you

get an e-mail telling you whether you have won the item.

     How to pay: Sellers decide how they would like to be paid and you need to check this before placing

a bid as you might not want to post a cheque or postal orders. The easiest way is through PayPal, an

online payment system that takes the money away from your credit card(信用卡).

     Selling made simple: If you plan to sell on eBay, it helps to include a picture of the item. I followed my

friends' advice and put up the items I wanted to sell for a 10-day auction, starting on a Thursday. This

way buyers had two weekends to bid.

     The big things in life: It's easy to post a small item, but furniture is a big part of eBay and this has to be

collected or sent by deliverymen. Check the ways of delivery before you bid.

1. What is the passage mainly about?        

A. How to make payment online.

B. Ways of making delivery online.

C. How to use an online-auction system.

D. Advantages of an online auction system.

2. After bidding for an item, a buyer_________.

A. can't buy other items any more

B. should make payment immediately

C. must give your credit card to the seller

D. has chances to make higher bids

3. You should           if the item is being auctioned.

A. make loud noises

B. offer the highest price you are ready to pay

C. ask the other people's price

D. get the others not to bid

4. The easiest way of making payment mentioned in the passage is________.

A. through a local bank system

B. through an online payment system

C. by sending the money to the seller

D. by paying the delivery man directly

单项选择题