问题 单项选择题

赵某为非国家工作人员,是某国有公司控股的股份有限公司主管财务的副总经理;刘某为国家工作人员,是该公司财务部主管。两人勾结,分别利用各自的职务便利,共同侵吞了本单位的财物80多万元。对两人应当如何定性

A.赵某定职务侵占罪,刘某定贪污罪,两人不是共同犯罪

B.赵某定职务侵占罪,刘某定贪污罪,但两人是共同犯罪

C.赵某定职务侵占罪,刘某是共犯,也定职务侵占罪

D.刘某定贪污罪,赵某是共犯,也定贪污罪

答案

参考答案:C

解析:[考点] 贪污罪、职务侵占罪 根据最高人民法院《关于审理贪污、职务侵占案件如何认定共同犯罪几个问题的解释》第3条规定:“公司、企业或者其他单位中,不具有国家工作人员身份的人与国家工作人员勾结,分别利用各自的职务便利,共同将本单位财物非法占为已有的,按照主犯的犯罪性质定罪。”赵某是某国有公司控股的股份有限公司主管财物的副总经理,刘某是该公司的财务主管,应认定为赵某是主犯。因此,本题的答案为C项。

阅读理解

阅读理解。

     Mr King goes to a dinner party. He wears old clothes. He comes into the room. But people there don't

 look at him at all. They don't ask him to sit at the table.

     Mr King goes home and puts on (穿上) his good clothes. He goes back to the party. Everyone in the

 room stands up and smiles (微笑)at him. They give him very good food to eat.

     Mr King takes off (脱下) his clothes, puts his clothes in the food and says, "Please eat, my clothes!"

 The other people ask, "What are you doing?" He answers, "I'm asking my clothes to eat the food. When

 I wear old clothes, you don't look at me. You don't ask me to sit down. Now I am in the good clothes

 and you give me the very good food. Now I see, you give the food for my clothes, not for me!"

1. Mr King goes to a dinner party, but people there don't look at him. This is because (因为) _____.

    A. they don't know him.        

    B. he is young  

    C. he wears old clothes        

    D. he is old

2.  Why does Mr King go home?

    A. He wants to buy a present.    

    B. He wants to put on his new clothes.

    C. He wants to go to bed.        

    D. He wants to eat at home.

3. Mr King goes back to the party. Why do people give him very good food to eat?

    A. Because they are very sorry.    

    B. Because they wear old clothes.

    C. Because he wears new clothes.  

    D. Because he smiles at them.

4. Why does Mr King take off his new clothes?

    A. The room is very warm.      

    B. He asks his new clothes to eat the food.

    C. He wants to eat the good food.    

    D. The host (主人) asks him to do so.

5. What does Mr King understand from that?

    A. The good food is for his good clothes.  

    B. The good food is for him.

    C. The good food is for his old clothes.  

    D. The people there are very polite.

单项选择题 共用题干题