问题 问答题 案例分析题

甲(20岁,男)在一辆公共汽车上扒窃了乙(17岁,女)的钱包,急忙下车。乙发现自己被盗后立刻追赶上了甲并死命拉住甲的胳膊不放。甲掏出随身携带的弹簧刀刺伤乙的手之后逃跑,幸被周围群众抓获并扭送至派出所。 

请问应该如何认定甲的行为的性质?

答案

参考答案:

甲的行为涉嫌抢劫罪。

刚开始,甲的行为属于盗窃,但是他伟了逃跑而刺伤受害人乙之后,其行为性质发生转化,即盗窃转化为抢劫。因为我国刑法规定,犯盗窃、诈骗、抢夺罪,为窝藏赃物,抗拒抓捕或毁灭罪证而当场使用暴力或者以暴力相威胁的,应当以抢劫罪论处。

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Solving a problem can be broken down into several steps. First, the problem must be identified correctly. Psychologists refer (1) this step as problem representation. For many problems, figuring (2) which information is relevant and (3) is extraneous can be difficult and can interfere (4) arriving at a good solution. Clearly, before a problem can be solved, it must be obvious (5) the problem is, however, this is not as easy (6) it might seem. One obstacle to efficient problem representation is functional fixedness, that is, allowing preconceived notions and even prejudices (7) color the facts. Most people tend (8) see objects and events in certain fixed ways, and by being inflexible in viewing the problem, they may be unable to notice the tools (9) the solution. Once the problem is identified accurately, (10) , the second step consists (11) considering the alternatives for a solution. A common way to evaluate alternatives is to write them (12) and then make a list (13) advantages and disadvantages for each solution. Here again, people may be limited by prior experiences. Often people adopt mental sets (14) lead them to the same problem-solving strategies that were successful for problems (15) the past. Although that can be helpful most (16) the time, sometimes a new situation requires a different strategy. (17) that case, the mental set must be abandoned, (18) new alternatives must be explored.
After the alternatives have been compared, a strategy must be selected (19) among them. One way to avoid becoming mired in the options is (20) try the best option with a view to abandoning it for another (21) the results are unfavorable. This attitude allows many people to move on expeditiously (22) the next step—action. The strategy selected must be implemented and tested. If it solves the problem, no further action is necessary, but if (23) , then the cycle begins again, starting (24) problem identification. By continuing to review the problem (25) repeat the problem-solving steps, the solution can be improved upon and refined.