问题 多项选择题

关于敲诈勒索罪,下列说法正确的有:()

A.以实施暴力或者毁坏财物、名誉为要挟,造成被害人精神上的恐惧,并被迫事后交出财物的,应以敲诈勒索罪论处

B.利用被害人年幼将其哄骗到外地,但并未限制人身自由,同时谎称其被绑架向家属勒索财物的,不构成绑架罪,应以敲诈勒索罪论处

C.没有债权的事实基础,胁迫他人出具债券凭证的,应以敲诈勒索罪论处

D.设立赌博骗局,并向被骗的被害人胁迫索要赌债,迫使其交付财物的,应以敲诈勒索罪论处

答案

参考答案:A, B, C, D

解析:本题考查敲诈勒索罪的具体运用。参见《刑法》第274条。

阅读理解

I spotted (发现;认出) him at the checkout counter, bagging at No.14. His arms shook violently as he placed a carton (纸板箱;纸盒) of eggs into a plastic bag. He wore a yellow plastic name tag on which he had written “Jerry” in kindergarten penmanship (书法). He looked middle-aged but his mental age must have been about 12.

Ever since I smiled at him the first time he bagged my groceries at my local supermarket, Jerry has followed me around like an adoring fan. His lack of boundaries makes me uncomfortable. I don’t know how to avoid being noticed by him. I don’t want to speak to the manager — my complaint could get him fired. So I start avoiding him.

There are other grocery stores, but I choose this one because it employs people with disabilities, from which my brothers have also suffered.

Last Wednesday after I finished choosing what I wanted, I turned around and drove my cart to Checkout No.3, hoping Jerry would not notice me and stay at No.14.

“Paper or plastic, ma’am?” Jerry’s soft voice surprised me from behind. “Paper, please.” I noticed that the checkout stand created plenty of space between Jerry and the clerk. In this situation, he knew where to stand. The clerk said to me: “$27.30, please.” I handed my own cart, signed my receipt and stepped around the counter, where Jerry was holding my last packet of biscuits. He came towards me, stopping an inch from me. He was too close. I wanted to dash out of the store and leave behind the packet. Instead, I stood with my hand frozen on the cart. His eyes looked lonely — I knew they would follow me after I left the store. I wanted to apologize for my coldness. “I’m …I’m sorry.” A tiny voice inside me said. I tapped my head with my hand as if I had forgotten something. “Forgive me. I’m from New York City. I’m not used to people being so helpful.”

He laughed. I laughed. His eyes brightened. “It’s my job, ma’am. I like it.” he said. When he offered to push my cart, I didn’t care but nodded deeply. 

44. The author feels uncomfortable because _______________ .

A. Jerry is like an adoring fan to her

B. Jerry is mentally younger

C. Jerry’s handwriting is terrible

D. Jerry is too close to her without proper distance

45. At the checkout stand, _______________ .

A. Jerry offered to pay my biscuits

B. Jerry was left behind with a packet of biscuits.

C. Jerry knew the social importance of distance.

D. Jerry was not close to me.

46. From the passage we can infer that _______________ .

A. Jerry liked his job

B. the author was afraid of Jerry

C. the author’s brothers were disabled

D. Jerry saw the author as his close friend

47. What would be the best title for this passage?

A. Too Close for Comfortable

B. Don’t Look Down upon the Disabled

C. How to Keep a Good Relation    

D. Don’t Smile at Strangers

判断题