问题 单项选择题

天虹公司是一家专门生产塑料的大型企业,该企业新近引进了一套最新设备,并在初期取得了很好的经济效益。为了扩大再生产,获得更大的收益,该企业领导经研究决定,动员本企业职工和家属集资,取得效益后按各人所投入的资金比例分红。后该企业集资1000万元,未及分红即被他人告发。该企业的行为:()

A.构成非法吸收公众存款罪

B.不构成犯罪

C.集资诈骗罪

D.擅自发行企业债券罪

答案

参考答案:B

解析:集资诈骗罪要求以非法占有为目的;非法吸收公众存款罪的犯罪对象,只能是社会公众的存款。如果一个大型企业集团为了扩大再生产,决定内部挖潜,动员职工和家属集资,或者采取行政摊派、风险抵押等方式,在本单位、本系统内部吸收职工存款人股,即使数额特别巨大,由于不是面向社会公众吸收存款,也不能构成犯罪。

选择题
问答题

On Apr. 27, the Dean of Duke’s business school had the unfortunate task of announcing that nearly 10% of the Class of 2008 had been caught cheating on a take-home final exam. The scandal, which has cast yet another pall over the leafy, Gothic campus, is already going down as the biggest episode of alleged student deception in the business school’s history.
Almost immediately, the questions started swirling. The accused MBAs were, on average, 29 years old. They were the cut-and-paste generation, the champions of Linux. Before going to the business school, they worked in corporations for an average of six years. They did so at a time when their bosses were trumpeting the brave new world of open source, where one’s ability to aggregate (or rip off) other people’s intellectual property was touted as a crucial competitive advantage.
It’s easy to imagine the explanations these MBAs, who are mulling an appeal, might come up with. Teaming up on a take-home exam: That’s not academic fraud, it’s postmodern learning, wiki style. Text-messaging exam answers or downloading essays onto iPods: That’s simply a wise use of technology. One can understand the confusion. This is a generation that came of age nabbing music off Napster and watching bootlegged Hollywood blockbusters in their dorm rooms. "What do you mean " you can almost hear them saying. "We’re not supposed to share "
That’s not to say that university administrators should ignore unethical behavior, if it in fact occurred. But in this wired world, maybe the very notion of what constitutes cheating has to be reevaluated. The scandal at Duke points to how much the world has changed, and how academia and corporations are confused about it all, sending split messages.
We’re told it’s all about teamwork and shared information. But then we’re graded and ranked as individuals. We assess everybody as single entities. But then we plop them into an interdependent world and tell them their success hinges on creative collaboration.
The new culture of shared information is vastly different from the old, where hoarding information was power. But professors-and bosses, for that matter-need to be able to test individual ability. For all the talk about workforce teamwork, there are plenty of times when a person is on his or her own, arguing a case, preparing a profit and loss statement, or writing a research report.
Still, many believe that a rethinking of the assessment process is in store. The Stanford University Design School, for example, is so collaborative that "it would be impossible to cheat," says D-school professor Robert I. Sutton. "If you found somebody to help you write an exam, in our view that’s a sign of an inventive person who gets stuff done. If you found someone to do work for free who was committed to open source, we’d say, ’Wow, that was smart. ’ One group of students got the police to help them with a school project to build a roundabout where there were a lot of bike accidents. Is that cheating "
That’s food for thought at a time when learning is becoming more and more of a social process embedded in a larger network. This is in no way a pass on those who consciously break the rules. With countries aping American business practices, a backlash against an ethically rudderless culture can’t happen soon enough. But the saga at Duke raises an interesting question. In the age of Twitter, a social network that keeps users in constant streaming contact with one another, what is cheating

Why does the author cite the example of Stanford University Design School