问题 问答题

《刑法》第238条规定:“非法拘禁他人或者以其他方法非法剥夺他人人身自由的,处三年以下有期徒刑、拘役、管制或者剥夺政治权利。具有殴打、侮辱情节的,从重处罚。
犯前款罪,致人重伤的,处三年以上十年以下有期徒刑;致人死亡的,处十年以上有期徒刑。使用暴力致人伤残、死亡的,依照本法第二百三十四条、第二百三十二条的规定定罪处罚。
为索取债务非法扣押、拘禁他人的,依照前两款的规定处罚。
国家机关工作人员利用职权犯前三款罪的,依照前三款的规定从重处罚。”
试说明:

根据犯罪构成理论确认非法拘禁罪的犯罪构成。

答案

参考答案:非法拘禁罪的构成特征为:1) 侵犯客体是他人的人身自由。2) 客观方面表现为非法拘禁他人或者以其他方法非法剥夺他人人身自由的行为。3) 犯罪主体是自然人。4) 主观方面表现为故意。

单项选择题
单项选择题

The kids are hanging out. I pass small bands of students, in my way to work these mornings. They have become a familiar part of the summer landscape.

These kids are not old enough for jobs. Nor are they rich enough for camp. They are school children without school. The calendar called the school year ran out on them a few weeks ago. Once supervised by teachers and principals, they now appear to be in "self care".

Passing them is like passing through a time zone. For much of history, after all, Americans arranged the school year around the needs of work and family. In 19th-century cities, schools were open seven or eight hours a day, 11 months a year. In rural America, the year was arranged around the growing season. Now, only 3 percent of families follow the agricultural model, but nearly all schools are scheduled as if our children went home early to milk the cows and took months off to work the crops. Now, three-quarters of the mothers of school-age children work, but the calendar is written as if they were home waiting for the school bus.

The six-hour day, the 180-day school year is regarded as something holy. But when parents work an eight-hour day and a 240-day year, it means something different. It means that many kids go home to empty houses. It means that, in the summer, they hang out.

"We have a huge mismatch between the school calendar and the realities of family life," says Dr. Ernest Boyer, head of the Carnegie Foundation for the Advancement of Teaching."

Dr. Boyer is one of many who believe that a radical revision of the school calendar is inevitable. "School, whether we like it or not, is educational. It always has been. "

His is not a popular idea. Schools are routinely burdened with the job of solving all our social problems. Can they be asked to meet the needs of our work and family lives

It may be easier to promote a longer school year on its educational merits and, indeed, the educational case is compelling. Despite the complaints and studies about our kids’ lack of learning, the United States still has a shorter school year than any industrial nation. In most of Europe, the school year is 220 days. In Japan, it is 240 days long. While classroom time alone doesn’t produce a well-educated child, learning takes time and more learning takes more time. The long summers of forgetting take a toll.

The opposition to a longer school year comes from families that want to and can provide other experiences for their children. It comes from teachers. It comes from tradition. And surely from kids. But the most important part of the conflict has been over the money.

The author thinks that the current school calendar ().

A. is still valid

B. is out of date

C. can not be revised

D. can not be defended