问题 单项选择题

2003年6月1日是某甲(14周岁)和某乙 (16周岁)的生日,两人上年—起去某网吧上网,因欠网吧钱遭受老板奚落,心怀恨意,遂在下年买了两桶汽油浇在网吧门口,刚点燃便害怕了,遂喊了一声“救火呀”便逃跑了,后来因为群众发现及时,将火扑灭了。

根据上述案例,请回答以下问题:

甲为110警察,某日接到群众乙的求助电话,乙告诉甲自己的朋友丙可能在家出事了,整整一天打丙的电话都没人接,当乙到丙家门口时还隐隐约约闻到了里面散发出的煤气味。甲就追问乙是不是确定丙在家中,是不是确定屋里有煤气味,乙说不确定,甲就拒绝了乙的出警请求。五个小时后乙破门而入发现丙中煤气死亡。经尸检,乙破门而人时丙刚刚死亡。那么对于甲的行为应当如何定性()

A.不构成犯罪 

D.玩忽职守罪 

C.过失致人死亡罪 

D.重大责任事故罪

答案

参考答案:A

解析:

[考点] 玩忽职守罪与非罪 首先,玩忽职守罪,是指国家机关工作人员严重不负责任,不履行或者不正确履行职责,致使公共财产、国家或人民的利益遭受重大损失的行为。玩忽职守表现出的是一种不作为,是对自己职责范围以内的事项置之不理,进而造成严重的后果。在本案中甲之所以拒绝乙的请求是因为乙不能肯定丙处在一种危险的境地,他只是凭借“打丙的电话没人接”和“隐隐约约闻到了煤气味”猜测丙可能在家中了煤气,由于警力资源的有限性,甲只有在比较确定可能存在危险的情况下才能决定出警,因此甲的行为算不上“严重不负责任”,所以不构成本罪。其次,甲是否构成过失致人死亡罪关键在于其不作为与丙的死亡之间有没有刑法上的因果关系,其中的核心又是作为义务的问题。尽管110警察具有救助公民生命财产的职责,但是在具体情形下却要具体分析。如果只要有人声称可能有危险110警察就要过去看一看的话,警力资源肯定是不够用的。在本案中乙不能确定丙在家中,同时也不能确定丙家中有煤气味,很难说明丙现在很可能处在一个危险的境地,因此也就不能认定甲具有出警的作为义务。因此不能认定甲的行为构成过失致人死亡罪。最后,重大责任事故罪是我国刑法中的企业事故犯罪。因此本案不构成该罪。所以答案是A。

阅读理解

阅读理解。

     Eddie's father used to say he'd spent so many years by the ocean, breathing seawater. Now, away from

that ocean, in the hospital bed, his body began to look like a beached fish. His condition went from fair to

stable and from stable to serious. Friends went from saying, "He'll be home in a day," to "He'll be home in

a week" In his father's absence, Eddie helped out at the pier (码头), working evenings after his taxi job.

     When Eddie was a teenager, if he ever complained or seemed bored with the pier, his father would shout,

"What? This isn't good enough for you?" And later, when he'd suggested Eddie take a job there after high

school, Eddie almost laughed, and his father again said, "What? This isn't good enough for you?" And before

Eddie went to war, when he'd talked of marrying Marguerite and becoming an engineer, his father said,

"What? This isn't good enough for you?"

     And now, regardless of all that, here he was, at the pier, doing his father's labor.

     Parents rarely let go of their children, so children let go of them. They move on They move away. It is

not until much later, as the heart weakens, that children understand: their stories, and all their accomplishments,

sit on top of the stories of their mothers and fathers, stones upon stones, beneath the waters of their lives. 

     Finally, one night, at his mother's urging, Eddie visited the hospital. He entered the room slowly. His father,

who for years had refused to speak to Eddie, now lacked the strength to even try.

     "Don't sweat it, kid," the other workers told him "Your old man will pull through. He's the toughest man

we've ever seen."

     When the news came that his father had died, Eddie felt the emptiest kind of anger, the kind that circles

in its cage.

     In the weeks that followed, Eddie's mother lived in a confused state. She spoke to her husband as if he

were still there. She yelled at him to turn down the radio. She cooked enough food for two. One night, when

Eddie offered to help with'the dishes, she said, "Your father will put them away." Eddie put a hand on her

shoulder. "Ma," he said, softly, "Dad's gone."

     "Gone where?"

1. In Paragraph 4, the writer indicates that _____. [ ]

A. Children like moving away from their parents

B. Children often feel regretful because they leave their parents

C. Children wouldn't have achieved so much without their parents' support

D. Children can never understand how much their parents have devoted to them

2. The underlined sentence probably means "_____". [ ]

A. Don't give it up 

B. Don't worry about it

C. Don't let him down

D. Don't touch it

3. Which of the following shows the right order of the story?

    a. Eddie's father died.

    b. Eddie worked as a taxi driver.

    c. Eddie married Marguerite.

    d. Eddie was bored with his father's job. [ ]

A. bacd

B. dcab

C. bcda

D. dcba

4. From the last part of the passage, we learn that _____. [ ]

A. Eddie's mother liked to listen to the radio

B. Eddie often helped his mother wash the dishes

C. Eddie and his wife lived in his mother's apartment

D. Eddie's mother missed her husband so much that she was at a loss

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