问题 单项选择题

李某在郊外杀了人,心里很害怕,就回来偷偷地告诉了担任县检察院副检察长的表叔张某。张某说:“杀了人要判处死刑,即使自首也要关押一辈子,还不如跑掉。”于是李某就跑到外省某地掩姓埋名,后来案发被逮,供出了张某的行为。按照《刑法》的规定,张某的行为已经构成( )。

A.徇私枉法罪

B.帮助犯罪分子逃避处罚罪

C.窝藏罪

D.徇私舞弊不移交刑事案件罪

答案

参考答案:B

解析:首先排除A,因徇私枉法罪是指司法工作人员徇私枉法、徇情枉法,对明知是无罪的人而使他受追诉,对明知是有罪的人而故意包庇不使他受追诉,或者在刑事审判活动中故意违背事实和法律作枉法裁判的,此罪应以职务行为相关,本案中张某并未滥用职权。然后排除D,因构成该罪主体为行政执法人员。还剩BC中选择。B项帮助犯罪分子逃避处罚罪是指有查禁犯罪活动职责的国家机关工作人员,向犯罪分子通风报信、提供便利,帮助犯罪分子逃避处罚的。C项窝藏罪是指明知是犯罪的人而为其提供隐藏处所、财物,帮助其逃匿或者作假证明包庇的。C项是积极的作为,B项可以是积极作为,也可以是消积不作为,故选B。

选择题
单项选择题

In almost all cases the soft parts of fossils are gone for ever but they were fitted around or within the hard parts. Many of them also were attached to the hard parts and usually such attachments are visible as depressed or elevated areas, ridges, or grooves, smooth or rough patches on the hard parts. The muscles most important for the activities of the animal and most evident in the appearance of the living animal are those attached to the hard parts and possible to reconstruct from their attachments. Much can be learned about a vanished brain from the inside of the skull in which it was lodged.
Restoration of the external appearance of an extinct animal has little or no scientific value. It does not even help in inferring what the activities of the living animal were, how fast it could run, what its food was, or such other conclusions as are important for the history of life. However, what most people want to know about extinct animals is what they looked like when they were alive. Scientists also would like to know. Things like fossil shells present no great problem as a rule, because the hard parts are external when the animal is alive and the outer appearance is actually preserved in the fossils.
Animals in which the skeleton is internal present great problems of restoration, and honest restorers admit that they often have to use considerable guessing. The general shape and contours of the body are fixed by the skeleton and by muscles attached to the skeleton, but surface features, which may give the animal its really characteristic look, are seldom restorable with any real probability of accuracy. The present often helps to interpret the past. An extinct animal presumably looked more or less like its living relatives, if it has any. This, however, may be quite equivocal. For example, extinct members of the horse family are usually restored to look somewhat like the most familiar living horses — domestic horses and their closest wild relatives. It is, however, possible and even probable that many extinct horses were striped like zebras. Others probably had patterns no longer present in any living members of the family. If lions and tigers were extinct they would be restored to look exactly alike. No living elephants have much hair and mammoths, which are extinct elephants, would doubtless be restored as hairless if we did not happen to know that they had thick, woolly coats. We know this only because mammoths are so recently extinct that prehistoric men drew pictures of them and that the hide and hair have actually been found in a few specimens. For older extinct animals we have no such clues.

The third paragraph of the passage deals with the difficulties of restoring the following fossilized animals EXCEPT______.

A.(A) those which had complex internal structures

B.(B) those which had no external hard parts

C.(C) those which had fur-covered bodies

D.(D) those which had no living relatives