问题 不定项选择

甲拐骗了5名儿童,偷盗了2名婴儿,并准备全部卖往A地。在运送过程中甲因害怕他们哭闹,给他们注射了麻醉药。由于麻醉药过量,致使2名婴儿死亡,5名儿童处于严重昏迷状态,后经救治康复。对甲的行为应以何罪论处

A.拐卖儿童罪

B.拐骗儿童罪

C.过失致人死亡罪

D.绑架罪

答案

参考答案:A

解析:《刑法》第240条第2款规定:"拐卖妇女、儿童是指以出卖为目的,有拐骗、绑架、收买、贩卖、接送、中转妇女、儿童的行为之一的。"同时该条第1款第(五)项规定:"以出卖为目的,偷盗婴幼儿的"属于拐卖儿童罪的加重情形,所以甲拐骗儿童、偷盗婴儿并准备全部卖往A地的行为构成拐卖儿童罪。   B项拐骗儿童罪与拐卖儿童罪最大的区别在于目的不同,拐骗儿童罪通常是以收养为目的,而拐卖儿童罪是以出卖为目的,所以本题中甲不能成立拐骗儿童罪,B项不正确。   甲也不能成立C项的过失致人死亡罪,根据《刑法》第240条的规定,"(七)造成被拐卖的妇女、儿童或者其亲属重伤、死亡或者其他严重后果的"是属于拐卖妇女、儿童罪的加重情形之一,因此甲注射过量麻醉药导致被拐卖的儿童死亡的行为就不再单独成立过失致人死亡罪。   至于D项的绑架罪是以勒索财物为目的的,因此甲的行为明显不能构成绑架罪。

填空题


In the following passage, there are 25 blanks representing words that are missing from the context. You are to put back in each of the blanks with the missing word. Write your answers on the ANSWER SHEET. The time for this section is 25 minutes.
Compared with the immediate practical responsibility of the scientist, the (1) of the artist must seem puny. The decision which faces (2) is not one of practical action: of course he will try to throw this (3) into the scale, and that weight, if he is a writer or (4) a painter of genius, may have its effect. For the novelist—in our society the only artist who has a mass audience and at the same time effective economic control of the means of addressing (5) —the hope of some decisive influence is a reasonable (6) . For him, since he takes of all artists (7) is probably the largest portion of his culture as material, there is no (8) escape from the necessity for treating the content of his work seriously than (9) is for the social psychologist he is coming so closely to resemble. The dichotomy which people have tried to establish between artistic proficiency and (10) content is becoming unbearable to almost all sensitive minds. I doubt if it has ever been real— we might have admired Shelley as (11) if he had been indifferent to such things as war and tyranny, though I doubt it; certainly (12) he been indifferent we should never have been led by (13) .
There is no Hippocratic oath in literature, and I am not attempting to draw (14) up. As far as I am concerned, the artist is a human being writ large and his (15) are the ethics of any human being. Perhaps I can best illustrate (16) seems to me the new (17) of those duties of assertion and refusal from one writer, and I do not (18) it is without significance that this (19) projects the whole situation of choice into a scientific parable, the (20) of a pestilence: a (21) many human (22) are called to fight against, called not by any supernatural (23) but by the simple fact that the fight against a plague is (24) like a biological human (25) .

单项选择题