问题 问答题

《刑法》第133条规定:“违反交通运输管理法规,因而发生重大事故,致人重伤、死亡或者使公私财产遭受重大损失的,处三年以下有期徒刑或者拘役;交通运输肇事后逃逸或者有其他特别恶劣情节的,处三年以上七年以下有期徒刑;因逃逸致人死亡的,处七年以上有期徒刑。”
试说明:

交通肇事后将被害人带离事故现场并将被害人遗弃于人烟稀少处而致使被害人死亡的,应当如何处理为什么

答案

参考答案:交通肇事后将被害人带离事故现场并将被害人遗弃于人烟稀少处而致使被害人死亡的,应当按照故意杀人罪定罪处罚。因为行为人的交通肇事行为致使被害人的生命处于危险之中,行为人负有救助被害人的特定义务,行为人能够救助而不救助并导致了被害人死亡的危害结果发生,同时,行为人主观上至少存在故意杀人的间接故意,所以应当按照故意杀人罪定罪处罚。

填空题
单项选择题

阅读下面短文,掌握其大意,然后从16-35各题所给的A、B、C、D四个选项中,选春最佳选项。

The journey my daughter Cathy has had with her swimming is as long as it is beautiful.

Cathy suffered some terrible 16  in her early childhood. After years of regular treatment, she  17  became healthy.

Two years ago, while Cathy was watching the Olympics, a dream came into her sweet little head—to be a swimmer. Last summer, she wanted to  18  out local swim team. She practiced hard and finally  19  it. The team practice,  20  was a rough start. She coughed and choked and could hardly  21  her first few weeks. Hearing her coughing bitterly one night, I decided to  22  her from it all. But Cathy woke me up early next morning, wearing her swimsuit  23  to go! I told her she shouldn’t swim after a whole night’s coughing, but she refused to  24  and insisted she go .

From that day on, Cathy kept swimming and didn’t  25  a single practice. She had a  26  intention within herself to be the best she could be. My ten—year—old was growing and changing right before my eyes, into this 27  human being with a passion and a mission. There were moments of  28  of course: often she would be the last swimmer in the race. It was difficult for Cathy to accept that she wasn’t a  29  ---ever. But that didn’t stop her from trying.

Then came the final awards ceremony at the end of the year. Cathy didn’t expect any award but was still there to  30  her friends and praise their accomplishments. As the ceremony was nearing the end, I suddenly heard the head coach  31  , “The highest honor goes to Cathy!” Looking around, he continued, “Cathy has inspired us with her  32  and enthusiasm.  33  skills and talents bring great success, the most valuable asset(财富)one can hold is the heart.”

It was the greatest  34  of my daughter’s life. With all she hade been  35  in her ten years, this was the hour of true triumph(成功).

20()

A.however

B.therefore

C.otherwise

D.instead