问题 多项选择题

胡某为其雇主丁某搬家时,发现一个黑色塑料袋内装有假人民币10万元,以为是真币。胡某趁丁某不注意时将10万元假币全部窃取。当日,乙发现塑料袋不见了,便询问胡某,胡某谎称未曾看到。几天后,胡某携带10万元假币返回原籍,购买商品时被发现。关于本案说法错误的是( )。

A.胡某所盗窃的是假币,无实际价值,不构成犯罪

B.胡某误将假币当成真币,属于对象不能犯的未遂

C.胡某误将假币当成真币,属于对象认识错误,其行为构成盗窃罪(既遂)

D.胡某的行为构成盗窃罪(未遂)和持有、使用假币罪,应当数罪并罚

答案

参考答案:A,B,D

解析:[考点] 认识错误
本案中,胡某有盗窃的故意、实施盗窃行为,无疑具有盗窃的性质,只是行为人胡某把假币当成了真币加以盗窃。由于假币、毒品、淫秽光盘等违禁品具有财物的性质,因此,误将假币当做真币盗窃,就盗窃而言当属于法律性质相同的对象错误(当然,对于假币犯罪而言,属于法律性质不同的客体错误)。因此,也不能算是对象不能犯未遂。胡某虽然对象认识错误但仍然盗窃既遂。故C项正确,A、B项错误。
根据《刑法》第172条的规定,持有、使用假币罪,是指明知是伪造的货币而持有、使用,数额较大的行为。胡某不知所盗为假币而加以持有和使用,根据主客观相统一原则,胡某不构成持有、使用假币罪。

完形填空
完形填空(共20小题;每小题1. 5分,满分30分)
请阅读下面短文,掌握其大意,然后从下列各题所给的四个选项(A、B、C和D中),选出最佳选项。
     Mike has loved flying since he was small. When he was three years old, his father took him to an air show. Mike loved the sounds of the plane, he ___36__ of becoming and airplane pilot(飞行员) someday. As Mike grew up, he learned as ___37___ as he could about flying. He wanted to go to flying school ___38___ university. He kept on ___39___ his parents about it all the time. At that time, pilot training was very ___40___. Mike’s parents couldn’t afford it.
Later Mike became a salesman. He hoped to get lots of money for flying school. He traveled ___41___ America for his factory. He liked to travel, ___42___ by plane. To save money, he usually stayed in cheap hotels.
One morning, Mike __43___ to Altanta. On the plane, after breakfast, he went to ___44___. Some time later, he woke up. The two men beside him were talking in a ___45___ voice. When Mike heard the word “hijack(劫持)”, he nearly __46___ out of his seat, but he pretended(假装) he was still ___47___ . he listened when the two men talked. Mike quickly learned what was ___48___. They planned to hijack the plane to Cuba. This made Mike very ___49____. He knew he had to stop them before they began their ___50____.
Mike pretended to use the washroom. On the way he met a hostess(空姐) and told her about the coming___51____. A moment later, the passengers were told that there was something wrong with the plane. Soon he plane landed at the ___52___ airport.
The two men received a __53___ when they saw twenty police officers were ___54___ them at the airport.
Later Mike was given free flying training as a reward. __55__ he became a pilot and flew happily ever since. Now his story is well known in the United States.
小题1:
A.spoke B.heard C.dreamed D.thought
小题2:
A.littleB.muchC.easilyD.quickly
小题3:
A.as well as B.such asC.because ofD.instead of
小题4:
A.warningB.talking C.askingD.complaining
小题5:
A.expensiveB.cheapC.difficultD.enjoyable
小题6:
A.alongB.towardsC.throughD.around
小题7:
A.neverB.widelyC.exceptD.especially
小题8:
A.flewB.cameC.movedD.drove
小题9:
A.workB.sleepC.restD.bed
小题10:
A.loudB.nervousC.lowD.serious
小题11:
A.ranB.walkedC.jumpedD.dropped
小题12:
A.awake B.asleepC.quietD.careless
小题13:A saying     B. changing  C. discussing  D. happening
小题14:
A.sadB.angry C.painfulD.careful
小题15:
A.planB.storyC.challengeD.accident
小题16:
A.dangerB.troubleC.flyingD.training
小题17:
A.safestB.biggestC.nearest D.farthest
小题18:
A.surpriseB.welcomeC.message D.present
小题19:
A.looking forB.waiting forC.asking forD.talking about
小题20:
A.SoB.SinceC.ThoughD.Then
单项选择题