问题 不定项选择

(2006年)   甲乙共谋教训其共同的仇人丙。由于乙对丙有夺妻之恨,暗藏杀丙之心,但未将此意告诉甲。某日,甲、乙二人共同去丙处。为确保万无一失,甲、乙以入室盗窃为由邀请不知情的丁在楼下望风。进人丙的房间后,甲、乙同时对丙拳打脚踢,致丙受伤死亡。甲、乙二人旋即逃离现场。在逃离现场前甲在乙不知情的情况下从丙家的箱子里拿走人民币5万元。出门后,甲背着乙向丁谎称从丙家窃取现金3万元,分给丁1万元,然后一起潜逃。潜逃期间,甲窃得一张信用卡,向乙谎称该卡是从街上捡的,让乙到银行柜台出了信用卡中的3万元现金。犯罪所得财物挥霍一空后,丁因生活无着,向公安机关投案,交待了自己和甲共同盗窃的事实,但隐瞒了事后知道的甲、乙致丙死亡的事实。请回答96-100题。

对于甲从丙家的箱子里拿走人民币5万元,丁望风并分得赃物这一情节,下列何种判断是正确的?

A.对甲应定抢劫罪、对丁应定盗窃罪

B.对甲、丁的行为应定盗窃罪

C.甲、丁都应对5万元承担刑事责任

D.甲对5万元承担刑事责任,丁只对3万元承担刑事责任

答案

参考答案:B,C

解析:甲与丁均具有盗窃的共同故意,是共同构成盗窃罪的前提。由于甲是在丙受伤死亡后从丙家的箱子里拿走人民币5万元的,因此,根据《最高人民法院关于审理抢劫、抢夺刑事案件适用法律若干问题的意见》第8条的规定,在被害人失去知觉或者没有发觉的情形下,以及实施故意杀人犯罪行为之后,临时起意拿走他人财物的,应以此前所实施的具体犯罪与盗窃罪实行数罪并罚,因此甲应成立盗窃罪,而非抢劫罪,故选项A不正确、选项B正确。另外,根据《最高人民法院关于审理盗窃案件具体应用法律若干问题的解释》第7条第(三)项的规定,对共同犯罪中的从犯,应当按照其所参与的共同盗窃的数额确定量刑幅度,并依照《刑法》第27条第2款的规定,从轻、减轻处罚或者免除处罚。本案中丁在其与甲实施共同盗窃中起次要作用,属于从犯,应当按照其参与实施的共同盗窃5万元承担刑事责任,而不是甲所称的3万元。故选项C正确,选项D不正确。综上,本题答案为BC两项。

阅读理解

阅读理解。

     Walter owns three Italian restaurants which are running very well in Rhode Island in America. Every day

his restaurants welcome crowds of customers (顾客) all over the world.

     He studied to be a cook, but he sees now that his success is the result of a lifetime education. When he

opened his first restaurant, all of a sudden his schooling knowledge, the history of his family and the ethics

(道德准则) of his father came into play. It made him a person who studied and explored the secret in the

food business.   

     Walter's learning never stops. He says,"The food business is one where you need to stay on top. Cooks

should be trained. You have to keep on studying or you will be left behind." So he spends more time in reading.

Every time he gets new ideas from the book, he brings them into his work.

     Walter also has a clear understanding about success. That is he would like to be remembered as a person

who is innovative (创新的), who believes in the Italian cooking culture (文化) in America. Food is like a bridge

connecting to the past, to the family and to the country. He says,"Success to me is not how much money I

make, but if at the end of the day I am able to make fifteen or twenty customers happy, I'm a happy man."

1. The underlined (划线的) phrase" came into play" means _______.

A. played a joke on him

B. needed to be used

C. gave him much help

D. began to be studied

2. . The secret of Waiter's success is _______.

A. building a bridge to the country

B. keeping on learning without any stop

C. getting new cooking ideas from his family

D. bringing the Italian cooking culture into America

3. From the last sentence of the passage, we can infer (推断) that it is _______.

A. rewarding to make a lot of money

B. exciting to have more and more customers

C. important to make the customers pleased

D. impossible to make 15 or 20 customers happy every day

4. We can learn from the passage that _______.

A. the lifetime education is important

B. innovative spirit always comes first

C. exploring the food business is more difficult

D. new ideas are necessary in running a restaurant

5. The best title (题目) for the passage is _______.

A. Culture is Important for Cooks

B. A Cook and His Customers

C. The Story of Three Restaurants

D. A Winner is Made, not Born

问答题 案例分析题