问题 问答题

《中华人民共和国刑法》第384条第1款规定:“国家工作人员利用职务上的便利,挪用公款归个人使用,进行非法活动的,或者挪用公款数额较大、进行营利活动的,或者挪用公款数额较大、超过三个月未还的,是挪用公款罪,处五年以下有期徒刑或者拘役;情节严重的,处五年以上有期徒刑。挪用公款数额巨大不退还的,处十年以上有期徒刑或者无期徒刑。”
请回答以下问题:
(1)条文中“国家工作人员”包括哪些人员
(2)条文中“挪用公款归个人使用”包括哪些情形
(3)条文中“不退还”应如何理解

答案

参考答案:(1)国家工作人员包括在国家机关中从事公务的国家工作人员。在国有公司、企事业单位和人民团体中从事公务的人员;受国有单位委派到非国有单位中从事公务的人员;其他依照法律从事公务的人员。(2)挪用公款归个人使用,既包括由挪用者本人使用,也包括由挪用者交给、借给他人使用。根据本条之规定,挪用公款归个人使用具体可包括以下三种情况:一是挪用公款归个人使用进行非法活动;二是挪用公款归个人进行营利活动,并且数额较大的;三是挪用公款归个人用于上述非法活动、营利活动以外的用途,并且数额较大,超过三个月未还的。(3)不退还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。

解析:[考点] 挪用公款罪。

问答题
单项选择题

Proper arrangement of classroom space is important to encouraging interaction. Most of us have noticed how important physical setting is to efficiency and comfort in our work. College classroom space should be designed to encourage the activity of critical thinking. We may be approaching the twenty-first century, but step into almost any college classroom and you step back in time at least a hundred years. Desks are normally in straight rows, so students can clearly see the teacher but not all their classmates. The assumption behind such an arrangement is obvious. Everything of importance comes from the teacher.
With a little imagination and effort, unless desks are fixed to the floor, the teacher can correct this situation and create space that encourages interchange among students. In small or standard-size classes, chairs, desks, and tables can be arranged in a variety of ways. The primary goal should be for everyone to be able to see everyone else. Larger classes, particularly those held in lecture halls, unfortunately, allow much less flexibility.
Arrangement of the classroom should also make it easy to divide students into small groups for discussion or problem-solving exercises. Small classes with movable desks and tables present no problem. Even in large lecture halls, it is possible for students to turn around and form groups of four to six. Breaking a class into small groups provides more opportunities for students to interact with each other, think out loud, and see how other students’ thinking processes operate all essential elements in developing new modes of critical thinking. In courses that regularly use a small group format, students might be asked to stay in the same small groups throughout the course. A colleague of mine, John, allows students to move around during the first two weeks, until they find a group they are comfortable with. John then asks them to stay in the same seat, with the same group, from that time on. This not only creates a comfortable setting for interaction but helps him learn students’ names and faces.

The expression "step back in time at least a hundred years" (in Paragraph 1) is intended to convey the idea that ______.

A. college classrooms often remind people of their college life
B. critical thinking was encouraged even a century ago
C. a hundred years ago, desk arrangement in a classroom was quite different
D. there is not much change in educational idea over the past hundred years