问题 单项选择题


张某(17岁)与刘某(19岁)伙同盗窃李某家。张某在外望风,刘某潜入李家。张某由于初次作案,非常害怕,听到不远处的脚步声,以为是警察,未及通知刘某即逃离现场,但其实并无任何人前来。刘某从李某家窃得2万元钱,临走时看到李某家墙上挂着一幅精美古画,便想顺手牵羊。但因该古画价值数万,李某采取了较好的固定措施,刘某见一时很难取下,又怕惊动李某,便从厨房找出一把菜刀想将该古画沿表层切掉带走。刚切到一半,李某醒来,刘某不敢再切,拿上钱就跑;李某发现后追出家外,刘某将李某打伤,携款而逃。经鉴定,该古画因切割不慎已彻底损坏。刘某未告知张某此事。后刘某欺骗张某只窃得500元,并分给张某250元。
请回答下面问题:

刘某欲盗窃古画未成的行为应如何认定( )

A.盗窃罪

B.故意毁坏财物罪

C.以盗窃罪和故意毁坏财物罪并罚

D.抢劫罪

答案

参考答案:D

解析:[考点] 盗窃罪 故意毁坏财物罪 抢劫罪
[详解] 根据2005年《最高人民法院关于审理抢劫、抢夺刑事案件适用法律若干问题的意见》第5条的规定,虽然古画没有偷到,但刘某使用暴力造成李某轻伤,应转化为抢劫。鉴于此行为构成抢劫,那么毁损财物之行为自然也被吸收了。因此,本题定抢劫罪更合适。

阅读理解

New rules will let millions of Americans know where more of their food comes from. The law is known as COOL -- Country of Origin Labeling(标签).

American congress first passed the law in 2002. Stores have had to label seafood by country of origin since 2005. But industry pressure delayed other requirements until last week.

Products that must now be labeled include fresh fruits and vegetables, muscle meats and some kinds of nuts. But the rules are complex, and many foods are not included. For example, organ meats are free to be labeled. So are processed foods, including cooked or smoked foods.

The same food may sometimes have to be labeled and other times not. Fresh or frozen peas, for example, have to be labeled but not canned peas. Foods that are mixed with other foods are also excluded. Mixed nuts, for example, do not need to be labeled. The same is true of a salad mix that contains different things like lettuce and carrots. Or a fruit cup that combines different fruits. Also, the law doesn’t include restaurants and other food service organizations. Department of Agriculture officials say the law is really meant for larger grocery stores.

The United States has imported more and more food in recent years to save money and expand choices. Country-of-origin labeling has become more common lately but has still been limited in many stores.

Food safety is one reason why some shoppers pay close attention to where foods came from. For example, when a large number of people recently got sick from salmonella(沙门菌病), officials blamed peppers from Mexico. Yet the last big food scare involved spinach grown in California. But labeling is also a way for people to know they are getting what they want. Some want to buy local foods or foods from a particular country.

The country-of-origin labeling law gives stores 30 days to correct any violations(违反) that are found. Stores and suppliers that are found to be deliberately violating the law could be fined 1,000 dollars per violation. Federal inspectors are not to take action to enforce the law for six months to give time for an education campaign.

Some food safety activists say they are generally pleased with the law. They call it a good step that will give people more useful information.

小题1:Why has more and more food been imported to the United States in recent years?

A.It is economical and provides people with more choices.

B.Foreign food is of higher quality than native food.

C.Americans need more and more food recently.

D.The United States is short of food supply.小题2:Consumers are more concerned about where foods come from because________.

A.they are curious about the origin of the food.

B.most of them are particular about the tastes

C.they are concerned about food safety

D.most of them are food safety activists小题3:The new rules of the country-of-origin labeling law will come into effect________.

A.right now

B.in a month

C.in three months

D.in half a year小题4:Which of the following can be inferred from the text?

A.Store owners are most likely to be the supporters of the law.

B.The government of America will possibly forbid importing peppers from Mexico.

C.Federal inspectors couldn’t take measures to enforce the law.

D.Most Americans prefer imported vegetables to the vegetables grown in local places.

选择题