问题 单项选择题

甲乙二人手持匕首去敲小卖部的门,店主开门后,二人即往店内挤。店内有数人在打麻将,见有陌生人来,即喝问干什么的,甲乙二人支吾半天,答不上来,手中的刀又被人发现,众人即将二人扭送派出所。甲乙二人的行为属于( )。

A.犯罪预备

B.犯罪未遂

C.犯罪即遂

D.犯罪中止

答案

参考答案:B

解析:甲乙二人的行为属于犯罪未遂。 甲乙二人敲门进入小卖部的行为是属于抢劫的具体实施阶段,已经"着手"实施抢劫的犯罪构成要件中的行为,没有采用暴力、胁迫或其他方法直接着手实施让店主立即交出财物的行为,是因为店内人太多,甲乙两人害怕被抓而不敢动手。符合犯罪未遂中"囚犯罪分子意志以外的原因而停止犯罪的规定,所以,属于抢劫罪的未遂。

单项选择题

Questions from 31 to 35 are based on the following passage:The exporter, as drawer of a draft (bill of exchange), hands the draft to his bank, the remitting bank, who in turn forwards it to the buyer through a collecting bank in the buyer’s country. A draft (also called a bill) is a written order to a bank or a customer to pay someone on demand or at a fixed time in the future a certain sum of money. If shipping documents accompany the draft, the collection is called “documentary collection.”Documentary collection falls into two major categories: one is documents against payment(D/P); the other, documents against acceptance (D/A).Documents against payment, as the term suggests, is that the collecting bank will only give the shipping documents representing the title to the goods on the condition that the buyer makes payment.Where the paying arrangement is D/A, the collecting bank will only give the buyer the shipping documents after buyer’s acceptance of the bill drawn on him, i.e. the buyer signs his name on the bill promising to pay the sum when it matures. In return he gets what he needs – the shipping documents.Under D/A, the seller gives up the title to the goods – shipping documents before he gets payment of the goods. Therefore, an exporter must think twice before he accepts such paying arrangement.

In a transaction, if payment is made by collection, then the remitting bank is always located in( ).

A.Seller’s country

B.Buyer’s country

C.Either A or B

D.None of the above

多项选择题