问题 多项选择题

陈某是某国有银行支行储蓄专柜信用卡经办员,负责信用卡存现、取现、转账、账务管理、现金管理及存入保证金等。2008年1月,薛某想炒股票,但苦于手头现金不多,便到陈某家央求其从银行弄点钱出来,并当场送给陈某5000元现金。陈某问薛某要钱做什么,薛某如实告知。于是陈某采用收款不入帐的手段,先后多次将其保管的库存现金人民币178.5万元及信用卡保证金人民币7.5万元挪出,供薛某个人使用。2008年 3月案发,后追缴陈某赃款、赃物共计价值人民币15万余元,追缴薛某的赃款、赃物共计价值人民币29万余元,尚有人民币140万余元不能归还。
根据以上案情,请回答95-97题:

陈某的行为触犯了哪些罪名( )

A.挪用公款罪

B.贪污罪

C.吸收客户资金不入账罪

D.受贿罪

答案

参考答案:A,D

解析:[考点] 挪用公款罪;贪污罪;受贿罪;共同犯罪
首先,受贿罪是指国家工作人员利用职务上的便利,索取他人财物,或者非法收受他人财物,为他人谋取利益的行为。在本案中,陈某系国有银行信用卡经办员,是国家工作人员,同时陈某收受了薛某5000元,且将公款挪出给他使用,满足“非法收受他人财物,为他人谋取利益”的要件。另外依照刑法规定,受贿罪的起刑点为5删元,故陈某的行为构成受贿罪。其次,挪用公款罪包括三种情形,其中之一就是:挪用公款归个人使用,数额较大、进行营利活动的行为。在本案中,陈某明知薛某要用该公款炒股,而炒股属于营利活动的一种,故应比照该项规定。因此,尽管陈某将公款挪出两月后即案发,仍然构成了挪用公款罪。另外,贪污罪与挪用公款罪的最大区别就是前者要求行为人具有非法占有的目的。本案中陈某知道薛某借钱用来炒股,才将公款挪出给他使用,在挪出之后也未实施平帐、潜逃等行为,说明陈某主观上是希望收回并归还该公款的,因此尽管陈某的行为最终造成了公款的巨大损失,仍不能认定其构成贪污罪。实际上,本案满足刑法规定的“挪用公款数额巨大不退还的”情形,依照《最高人民法院关于审理挪用公款案件具体应用法律若干问题的解释》,该情形是指“挪用公款数额巨大,因客观原因在一审宣判前不能退还”,在这种情况下若认定为贪污罪,会有客观归罪之嫌。故AD正确,BC错误。

阅读理解

Young people can have problems with their minds. Some students become worried because they have to study very hard. Others have trouble getting on well with people like parents and classmates.

Liu Wei, a Junior 2 student from He’nan, could not understand his teacher and was doing badly in his lessons. He became so worried about it that he started to cut his finger with a knife. Another student, 14-year-old Yan Fang from Guangzhou, was afraid of exams. She got very worried in the test, and when she looked at the exam papers, she couldn’t think of anything to write.

A recent report from Jiefang Daily says about 18% Shanghai teenagers have mental (心理的) problems. Their troubles include being worried and very unhappy, and having problems in learning and getting on well with people. Many students who have problems won’t go for advice or help. Some think they will look stupid if they go to see a doctor. Others don’t want to talk about their secret.

Liang Yuezhu, an expert on teenagers from Beiing Anding Hospital has the following advice for teenagers:

Talk to your parents or teachers often.

Take part in group activities and play sports.

Go to see a doctor if you feel unhappy or un well.

61. The students who often become worried or have trouble getting on well with others may have______.

A. mental problems                                   B. a headache

C. knives with them                                   D. no parents

62. Liu Wei cut his finger with a knife because_______.

A. he was afraid of his teacher                       B. he wanted to frighten his parents

C. he was so worried about his study           D. his finger was badly hurt

63. Yan Fang’s problems happened whenever______.

A. she studied very hard                            B. she had exams

C. she talked with her parents                            D. she thought of something

84. Students who have problems won’t ask others for help because______.

A. they won’t let others think they are stupid

B. they don’t think doctors can help them

C. they don’t want to tell their secret to others

D. both A and C

65. Liang Yuezhu’s advice tells us that______.

A. it’s better for the students who have mental problems to join others

B. it’s unnecessary for students to be with others

C. only group activities and sports can help students with mental problems

D. teachers and parents can’t do anything about mental problems

单项选择题