问题 单项选择题

张某在火车站候车室窃得某人一提包,到僻静处打开一看,里面没有钱财,却有手枪一支,子弹若干发,张某便将枪支、子弹放回包内,然后藏于家中。张某的行为构成何罪?( )

A.非法持有枪支、弹药罪
B.盗窃枪支、弹药罪
C.非法储存枪支、弹药罪
D.非法携带枪支、弹药罪

答案

参考答案:A

解析:张某误将枪支、弹药当作一般财物进行盗窃,属于对象认识错误。对于这种认识错误,应当在主客观统一的范围内认定犯罪。对于本题而言,只能认定为普通盗窃罪,而不能认定为盗窃枪支、弹药罪。张某取得枪支、子弹后,将其藏于家中的行为构成非法持有枪支、弹药罪。非法储存枪支、弹药罪中被储存的对象往往数量较大,而且与制造、运输枪支、弹药的行为有关,C项与本题客观方面并不符合。我国《刑法》中并没有非法携带枪支、弹药罪,只有非法持有、私藏枪支、弹药罪。

阅读理解

阅读理解

     It was the summer of 1965. Deluca, then 17, visited Peter Buck, a family friend. Buck asked Deluca

about his plan for the future. "I'm going to college, but I need a way to pay for it, " Deluca recalls saying. "Buck said, 'you should open a sandwich shop.'"

     That afternoon, they agreed to be partners. And they set a goal: to open 32 stores in ten years. After

doing some research, Buck wrote a check for $1,000. Deluca rented a storefront (店面) in Connecticut,

and when they couldn't cover their startup costs, Buck kicked in another $1,000.

     But business didn't go smoothly as they expected. Deluca says, "After six months, we were doing

poorly, but we didn't know how badly, because we didn't have any financial controls." All he and Buck

knew was that their sales were lower than their costs.

     Deluca was managing the store and to the University of Bridgeport at the same time. Buck was

working at his day job as a nuclear physicist in New York. They'd meet Monday evenings and brainstorm

ideas for keeping the business running. "We convinced ourselves to open a second store. We figured we

could tell the public, 'We are so successful; we are opening a second store.'" And they did-in the spring

of 1966. Still, it was a lot of learning by trial and error.

     But the partners' learnasyougo approach turned out to be their greatest strength. Every Friday,

Deluca would drive around and handdeliver the checks to pay their supplies. "It probably took me two

and a half hours and it wasn't necessary but as a result, the suppliers got to know me very well, and the

personal relationships established really helped out, " Deluca says.

     And having a goal was also important. "There are so many problems that can get you down. You just

have to keep working toward your goal, " Deluca adds.

Deluca ended up founding Subways Sandwich, the multimilliondollar restaurant chain.

1. Deluca opened the first sandwich shop in order to ________.

A. support his family

B. pay for his college education

C. help his partner expand business

D. do some research

2. Which of the following is true of Buck?

A. He put money into the sandwich business.

B. He was a professor of business administration.

C. He was studying at the University of Bridgeport.

D. He rented a storefront for Deluca.

3. What can we learn about their first shop?

A. It stood at an unfavorable place.

B. It lowered the prices to poor management.

C. It made no profits due to poor management.

D. It lacked control over the quality of sandwich.

单项选择题