问题 问答题

被告人孙小圣,男,32岁,中国农业银行某县支行某镇营业所储蓄员。 某县农业银行举办"888"有奖储蓄,公开发行奖券,每张奖券面额为5元,定期1年,发行一组20万户,总金额100万元,共设四类奖2221个,其中特等奖1个,奖金1万元。 1月12日,被告人孙小圣在该县银行存款并代表营业所领取2万元奖券,回来后将奖券分摊给本所职工销售,自己负责发行2000元的奖券。3月12日,该县银行存款股副股长李某某,带着该县西南山区未售完的1.5万元奖券到营业所,要求孙小圣再承担1.5万元奖券的发行任务,并告诉孙小圣,奖券必须在3月15日抽桨前发放完。3月14日,孙小圣已售出11200元奖券,尚有5800元奖券未售出。3月11日上午8时,孙小圣到镇供销社推销了5000元奖券,他在办理财经手续时,让出纳员将转账支票日期写为9月14日。当时孙小圣没有把奖券交给供销社。上午9时许,孙小圣骑车去县城看到摇奖结果,遂赶回镇里。孙小圣将含有特等奖的800元奖券留下,将另外5000元奖券送给镇供销社。4月3日,孙小圣找到其好友刘某某到县银行兑现奖金1万元,占为已有。 根据上述案情,回答下列问题:

假设孙小圣在3月14日把5800元奖券都售给了镇供销社,而发生了案中的最后情形,那么,对张某的行为又该如何定性

答案

参考答案:应该定侵占罪。因为,这时的奖金应该归镇供销社所有,只不过暂时在孙小圣处保管。孙小圣的这种侵占代为他人保管物的行为,应该以侵占罪论处。

解析:侵占罪,是指以非法占有为目的,将代为保管的他人财物或者他人的遗忘物、埋藏物非法占为已有,数额较大,拒不退还或者拒不交出的行为。这是刑法第270条规定的情形。

阅读理解

Paula Radcliffe, chasing a third London marathon title, says she has became a stronger person after her terrible experience at the 2004 Athens Games.

Radcliffe, who failed to complete the Olympic marathon and the 10,000m last August, said: "Athens made me a stronger person and it made me care less about criticism"

"In the past I wanted to please everyone, but now I am going to listen even more to the people around me."

She didn't care about criticism made at the weekend by Liz McColgan, who felt Radcliffe should have rested and let her body recover after her failure in Athens.

"Liz is someone I look up to but she hasn't spoken to me since last year and if she really cared for me, I'm sure she would have contacted me."

Instead Radcliffe won the New York City marathon just 11 weeks after Athens.

"In New York I wasn't in my best state but I did know I was good enough to win the race."

Radcliffe insisted her only goal in Sunday's race would be winning a third title and not chasing world records.

However, Radcliffe has not ruled out in the future chasing her "final" world record time and questioned sayings that marathon runners have the ability in their career to produce only four or five world-class times.

"I don't think that ——although I can't put a number on it," said. Radcliffe. "That changes from person to person."

Radcliffe is sure she can better her winning London 2003 performance at some point in the future. Following a successful three-month training period in the United States, the 31-year-old will chase a third title on Sunday after her first victory in 2002 and again 12 months later.

Radcliffe clocked a time of 2:18:56 in her first 42.2-kilometre race three years ago.

Afterwards she set a "mixed course" mark of 2:17:18 five months later in Chicago before lowering that to a time of 2:15:25 in the 2003 London event.

小题1:Radcliffe’s failure in Athens made her___________.

A.develop respect for Liz

B.love people around her more

C.rest for five months

D.face criticism calmly小题2:Which of the following is true according to the passage?

A.Radcliffe broke the world record in the New York City marathon.

B.Radcliffe didn’t fully recover before the New York City marathon.

C.Radcliffe won her first marathon title in the New York City marathon.

D.Radcliffe had a 3-month training before the New York City marathon.小题3: By saying “I can’t put a number on it,” Radcliffe means she’s not sure ___________.

A.if she has the ability to set a new world record

B.if she can win another race though she has won many times

C.how many times a marathon runner can set the world record

D.if she has the ability to produce four or five world-class times小题4: According to the text, Radcliffe has won ___________ London marathon title(s).

A.one

B.two

C.three

D.four小题5:What can we learn from Radcliffe’s story?

A.Practice makes perfect.

B.Well begun is half done.

C.Where there is a will, there is a way.

D.A friend in need is a fried indeed.

单项选择题