问题 单项选择题

张某和王某是在某国有金属厂矿工作的一对夫妇。张某是负责金属分离的车间工人,王某发现在金属车间又送来一批分离的铂金,于是回家对张某说起此事,于是张某利用对车间情况的熟悉,当天晚上潜入该车间,把该批铂金用小凿子敲了一小块大约十两三钱左右,带回家后打算拿到银行换成现金。请问张某的行为应当如何定性( )

A.贪污罪

B.侵占罪

C.职务侵占罪

D.盗窃罪

答案

参考答案:D

解析:[考点] 盗窃罪;贪污罪中“利用职务之便”的认定 贪污罪必须具备的条件从主体看,行为人必须是国家工作人员。从客观行为上看,必须是利用职务上的便利。犯罪对象也必须是国家公共财产。在本案中,该金属厂矿属于国有性质,因此,张某的国家工作人员的身份是毋庸置疑的。而且犯罪对象是国有的稀有金属,也符合贪污罪的特征。但是,从客观行为上看,张某并没有利用自己职务上的便利,而是因为对工厂周围的环境较为熟悉,所以才能顺利潜入车间实施盗窃行为,因此,针对利用自己对环境的熟悉采取秘密窃取的手段的行为,不是利用职务上的便利,而是符合盗窃罪的秘密窃取公私财物数额较大的特征,应该以盗窃罪处理。所以D选项是正确的。

单项选择题
阅读理解

Pessimistic,anxious and depressed people may have a higher risk of dementia (痴呆),US researchers reported on Thursday.

A study of a group of 3,500 people showed that those who scored high for pessimism on a standardized personality test had a 30 percent increased risk of developing dementia 30 to 40 years later.

Those scoring very high on both anxiety and pessimism scales had a 40 percent higher risk,the study showed.

“There appears to be a dose­response pattern.That is,the higher the scores,the higher the risk of dementia,”Dr Yonas Geda,a neuropsychiatrist at the Mayo Clinic in Rochester,Minnesota who led the study,said in a statement.

Geda and his colleagues looked at the medical records of 3,500 men and women who lived near the clinic between 1962 and 1965.

They all took the Minnesota Multiphasic Personality Inventory,a standard personality and life experience test,Geda’s team told a meeting of the American Academy of Neurology in Miami.

In 2004,the team interviewed the participants or family members.

Those who scored higher for anxiety and pessimism on the test were more likely,as a group,to have developed dementia by 2004,including Alzheimer’s disease and vascular (血管的) dementia.

This did not mean a person who is pessimistic could assume he or she has a higher risk of developing dementia.

“One has to be cautious in interpreting a study like this,”Geda said.

“One cannot make a leap from group level data to the individual.Certainly the last thing you want to do is to say,‘Well,I am a pessimist;thus,I am doomed to develop dementia 20 or 30 years later,’because this may end up becoming a self­fulfilling prophecy (预言).”

And there is NOT any specific way to prevent dementia,although many studies have shown that a healthy diet,exercise,keeping active in other ways,doing puzzles and other activities lower the risk.

小题1:What is the passage mainly about?

A.It is impossible for people to avoid dementia.

B.People who always have negative feelings may have a higher risk of getting dementia.

C.If we have a healthy diet,we would have no chance of getting dementia.

D.A person who is pessimistic has a higher risk of developing dementia.小题2:According to the passage,which of the following is TRUE?

A.There are many ways to prevent dementia effectively.

B.A person who is pessimistic is sure to get dementia.

C.Those who lead a happy life will not get dementia when they are old.

D.Those who scored high for pessimism might have a higher risk of dementia.小题3:Which of the following does NOT help reduce the risk of getting dementia according to the passage?

A.A healthy diet.

B.Proper exercises.

C.Doing puzzles.

D.Getting up early.小题4:Which of the following words is not close to the meaning of the word “pessimistic”?

A.Cheerless.

B.Optimistic.

C.Unhappy.

D.Upset.