问题 单项选择题 案例分析题

甲为某国有企业出纳,为竞争公司财务部主任职位欲向公司副总经理乙行贿。甲通过涂改账目等手段从公司提走20万元,委托总经理办公室秘书丙将15万元交给乙,并要丙在转交该款时一定为自己提升一事向乙“美言几句”。乙收下该款。八天后,乙将收受钱款一事报告了公司总经理,并将15万元交到公司纪检部门。 

一个月后,甲得知公司委任其他人担任财务部主任,恼羞成怒找到乙说:“还我15万,我去把公司钱款补上。你还必须付我10万元精神损害赔偿,否则我就将你告到检察院。”乙反复向甲说明钱已上交不能退还,但甲并不相信。数日后,甲携带一桶汽油闯入乙办公室纵火,导致室内空调等财物被烧毁。

关于甲得知财务部主任由他人担任后实施的行为,下列选项错误的是?()

A.甲的行为只构成放火罪

B.甲索要10万元“精神损害赔偿”的行为不构成敲诈勒索罪

C.甲的行为是敲诈勒索罪与放火罪的想象竞合犯

D.甲的行为是敲诈勒索罪与放火罪的吸收犯

答案

参考答案:A, B, C, D

解析:

本题考核放火罪、敲诈勒索罪。甲以要挟的方法,强行向乙索要10万元精神损害赔偿,属于以非法占有为目的,采用威胁或要挟的方法,强行索取公私财物,数额较大的行为,该行为构成敲诈勒索罪,应与放火罪数罪并罚,故ABCD错误。

问答题 论述题
阅读理解

Two Chinese living in South Africa were killed in a robbery (抢劫) on February 5, bringing the total number of Chinese killed in the country to four in less than a month.

Chen Jianqing, 35, from Southeast China's Fujian Province, who ran a shop with her husband in a small town 45 kilometers away from South African capital Johannesburg, was shot dead.

"One of her business, partners died later in the hospital," the Chinese consulate (领事馆) officials in Johannesburg said yesterday. "Local police are trying to find more information about the case. And we have told the victims' (遇难者的) relatives and are helping them come to Johannesburg,". consul Wu Gang told China Daily. Chen's husband was injured during the robbery but did not suffer seriously, said Wu.

The robbery happened at about 5:45 pm local time and the armed robbers ran away after taking more than 50,000 South African rand (US $8,200). and some jewellery,  Xinhua News Agency reported.

The killing happened just three days after Chen Jingmin, a 23-year-old man from Qingdao, Shandong Province, was shot dead north outside Johannesburg by armed robbers. On January 10, a Hong Kong businessman was attacked and robbed at his home in Johannesburg and died the next day in the hospital.  All these happened just in less than a month.

According to records, there were more than 40 robberies attacking Chinese in South Africa last year, in which eight were killed.  More than 100,000 Chinese are doing various kinds of businesses in South Africa, according to a Chinese official in the country.  An increasing number of them are becoming targets( 目标) of robbers after buying big houses or luxury cars,  the official said.

小题1:The passage is probably ______.

A.a business story

B.a scientific article

C.a newspaper report

D.an official document小题2:Who were killed on February 5 in a small town near Johannesburg?

A.Chen Jianqing and her husband.

B.Chen Jianqing and one of her partners.

C.Chen Jingmin and a Hong Kong businessman.

D.Chen Jingmin and one of his relatives.小题3:How many Chinese were killed in South Africa since January ?

A.2

B.4.

C.5.

D.8.小题4:______________ are more likely to be robbed in South Africa.

A.Those Chinese who depend too much on local police

B.Those Chinese who live near the capital of South Africa

C.Those Chinese who open shops selling Chinese goods

D.Those Chinese who leave others the impression of being rich