问题 不定项选择

甲某是我国某通讯社的高级编辑,应香港某报社记者之请,设法为其搞一份有关对台政策的机密文件。按规定该文件只下发到社长一级,通讯社只有社长那里有一份。甲某到社长办公室时发现该文件就放在桌上,趁社长不注意将文件拿出复制一份,然后通过电子邮件发送给香港某报社记者。香港某记者为了表示感谢,给其20000港元。甲某的行为:()

A.构成非法获取国家秘密罪和为境外窃取、刺探、收买、非法提供国家秘密、情报罪,应当实行数罪并罚

B.构成为境外窃取、刺探、收买、非法提供国家秘密、情报罪和受贿罪,应当实行数罪并罚

C.构成为境外窃取、刺探、收买、非法提供国家秘密、情报罪

D.构成故意泄露国家秘密罪

答案

参考答案:C

解析:

本案首先是定性问题根据最高人民法院的解释,在互联网上把国家的秘密情报发送给境外的机构、组织、人员的电子信箱的直接定为境外的机构、组织、人员窃取、刺探、收买、非法提供国家秘密、情报罪,因此不定非法泄露国家秘密罪.

因为为境外的机构、组织、人员窃取、刺探、收买、非法提供国家秘密、情报罪本身就包含有泄露的内容本案也不应定为非法获取国家秘密罪,因为为境外的机构、组织、人员窃取、刺探、收买、非法提供国家秘密情报罪本身包含有窃取行为,行为人的既窃取又提供可以包含在该罪内,只要定一罪即可,不需数罪并罚另外,本案是否构成受贿罪?

不构成因为受贿罪的一大特点就是行为人必须是利用职务便利,而本案的行为人只是利用工作上的方便,与职权无关若本案的行为人是社长的话,就涉及其因受贿而泄露国家秘密,从而涉及数罪问题假如行为人利用互联网向境外的机构在互联网上公然披露国家秘密,情节严重的,应定泄露国家秘密罪

阅读理解
阅读理解。
     Su Hua is studying at Cambridge, UK. She has bought a bicycle and is worried about security (安全).
Her friend, Kate, found this article and sent it to her.
Introduction
A lot of crime is against bicycles. About 150,000 bicycles are stolen every year
and most are never found. You can prevent this happening by following a few
careful steps.
Basic Security
Do not leave your bicycle in out-of-the-way places. Always lock your bicycle when you leave. Secure it to lampposts or trees. Take off smaller parts and
take them with you, for example lights and saddles (车座).
Locks
Get a good lock. There are many different types in the shops. Buy one that
has been tested against attack. Ask for a recommendation from a bike shop.
Marking
Security marking your bike can act a deterrent to a thief. It can also help the
police find your bicycle. It should be clearly written and include your postcode and your house or flat number. This will provide a simple way to identify your bicycle.
Registration
There are a number of companies who will security mark your bicycle for you. They will then put your registration number and personal details on their
computer database. Then if your bicycle is found it will be easy to contact you.
Finally
Keep a record of the bicycle yourself: its make, model and registration number. You can even take a photograph of it. This will prove the bicycle belongs to
you.
1. Which part of the text gives you information on how to lock up your bicycle when you leave it?
A. Locks.
B. Marking.
C. Registration.
D. Basic Security.
2. The underlined phrase "act as a deterrent to a thief" means _____.
A. help you recognize your bike
B. help the police find your bicycle
C. stop someone stealing your bicycle
D. stop you worrying about your bike
3. The article advises you to keep a record of your bicycle ______.
A. in the bike shop and your computer
B. in the police station and a security company
C. in a security company and your university
D. by yourself and in a security company
4. The main purpose of this article is _____.
A. to tell you what to do if your bicycle is stolen
B. to suggest ways of keeping your bicycle safe
C. to give you advice on where to buy a good lock
D. to say why you shouldn't keep your bicycle in a quiet place
单项选择题