问题 问答题

2002年1月至9月,保税区某贸易有限公司在公司法人代表罗某的策划下,采用涂改报关单证、低报价格方式,分别从宁波、上海口岸分批走私进口90多吨韩国、日本产的聚丙烯塑料薄膜,在境内销售牟利;同时擅自将因享受保税区优惠而进口的保税物品在境内出卖。该公司进口货物价格异常的现象引起了海关的注意,2002年9月,当该公司又采取上述方式走私进口货物时,海关将其查获。经查,该案案值达人民币358万元,偷逃国家税额60余万元。
问:该贸易有限公司和罗某是否构成走私罪简要说明理由。

答案

参考答案:本案中该贸易有限公司和罗某构成走私普通货物、物品罪。
走私普通货物、物品罪是指违反海关法规,逃避海关监管,非法运输、携带、邮寄国家禁止进出口的武器、弹药、核材料、假币、珍贵动物及其制品、珍稀植物及其制品、淫秽物品以及国家禁止出口的文物、金银和其他贵重金属以外的货物、物品进出境,偷逃应缴纳关税额5万元以上的行为。在本案中,主观方面,该贸易有限公司和罗某基于偷逃关税的目的,违反国家海关法规,具有走私罪的主观故意。客观方面,其符合刑法关于走私普通货物、物品的两种行为方式的界定,即“采用涂改报关单证、低报价格方式”和“擅自将因享受保税区优惠而进口的保税物品在境内出卖”。对走私普通货物、物品罪刑法采取的是双罚制,法人和相应负责的自然人都是行为主体。因此,本案中该贸易有限公司和罗某均构成走私普通货物、物品罪。
注意,自2011年5月1日起生效的《刑法修正案(八)》第27条对《刑法》第153条第1款第(一)项作出修改,取消走私普通货物、物品罪适用死刑的规定。

多项选择题
阅读理解

阅读理解。

     Once in a television interview, I was chatting with the host about stay-at-home athers. I made the point

that one reason why we're seeing more stay-at-homw dads may be hat it's no longer definite that a man

makes more money than his wife. Many families now ake earning power into account when deciding which

parent will stay home.

     At that point, one of the male crew members pointed out, almost to himself but loud nough for my benefit,

"It should be the better parent who stays home." A lot of guys say hings like that. Usually it's a code for"My

wife, or any woman is the better parent."

     I was a stay-at-home father for 8 years, so his words made me excited. It implied that our family's choice

could only have been correct if I was a "better" parent than my wife.

     I suppose an argument could have been made that when I began staying home my wife was the "better"

parent if she spent more time with Jack. She would be able to read him wetter and calm him more quickly.

But as the more employable one, my wife went out to work and I looked after our son.

      Because of the increased time I spent with Jack. I soon knew him well, understood that he needed and

could look after him more or less as well as my wife could. Actually, he experience helped me unlock one of

the world's great secrets; Women are good at booking after children because they do it. It is not because of

any innate (先天的) female talent. It is because they put in the time and attention required to become good at

the job.

     Woman obviously get a biological head starting from giving birth and nursing, but ever the long term

experience is more important. When I got the experience myself. I was people are able to look after them as

well besides their moms.

1. The first paragraph implies _____.

A. more and more men like staying at home

B. the author works at a TV station as a host

C. more women are earning money than before

D. dad is the better parent in a family

2. The author stayed at home to look after their son for 8 years because _____.

A. he thought he was the better parent

B. he was afraid of working outside now

C. their son liked him better than his Mom

D. he was less likely to find a job than his wife

3. Women are good at taking care of children because _____.

A. they devote their time and attention to children

B. they would rather stay at home than work outside

C. they are born with the ability to look after children

D. they've learn to take care of children from their parents

4. What does the author conclude?

A. A man can take better care of children than his wife.

B. A man with experience can take good care of children.

C. A child prefers to stay with his or her mother.

D. A child prefers to stay with his or her father.