问题 单项选择题

关于故意的认识内容,下列哪一选项是正确的?()

A.甲明知自己的财物处于国家机关管理之中,但不知此时的个人财物应以公共财产论而窃回。甲缺乏成立盗窃罪所必须的对客观事实的认识,故不成立盗窃罪

B.乙以非法占有财物的目的窃取军人的手提包时,明知手提包内可能有枪支仍然窃取,该手提包中果然有一支手枪。乙没有非法占有枪支的目的,故不成立盗窃枪支罪

C.成立猥亵儿童罪,要求行为人知道被害人是或者可能是不满14周岁的儿童

D.成立贩卖毒品罪,不仅要求行为人认识到自己贩卖的是毒品,而且要求行为人认识到所贩卖的毒品种类

答案

参考答案:C

解析:

[考点] 犯罪故意

刑法通说认为,故意的认识因素是明知自己的行为会发生危害社会的结果。具体来讲:第一,行为人明知自己行为的内容与危害性质。第二,行为人明知自己的行为会发生某种危害结果。对危害结果的认识不要求很具体,只要求认识到危害结果的基本性质。第三,某些犯罪的故意还要求行为人认识到刑法规定的特定事实,如特定的时间、地点、对象等。第四,对于规范的构成要件要素,行为人也必须具有认识。A选项,对于成立盗窃罪而言,行为人必须认识到自己所盗窃的是他人占有或所有的财物。对于自己所有的财产,只要认识到其处于他人合法占有的状态,即满足了盗窃故意的认识内容。因此A错误。盗窃枪支的,只要行为人认识到对象可能是枪支,就成立盗窃枪支罪。相反,没有认识到对象可能是枪支的,只能认定为盗窃罪。乙明知手提包内可能有枪支而窃取,故成立盗窃枪支罪,B错误。猥亵儿童罪的犯罪故意特别要求行为人认识到其猥亵的对象是或者可能是不满14周岁的儿童,故 C正确。对于贩卖毒品罪的犯罪故意来说,只要求行为人认识到贩卖的对象具有毒品的基本性质即成立犯罪故意,而无需了解具体的毒品种类,D错误。

阅读理解
Microsoft founder Bill Gates said that he planned to give away almost all of his vast fortune, largely to the cause of global health, during the course of his lifetime. With an estimated (估计) worth of more than $40 billion, according to Forbes, the project will be no small feat (功绩) for Gates. Having already provided the Bill & Melinda Gates Foundation with $24 billion to address global health issues, Gates said that eventually his entire fortune will be put towards the cause except “a few percent left for the kids”.
So what has made the richest man in the world to channel his resources so heavily into one interest? Gates believes that “the equality of opportunity” in which Americans take such pride needs to extend to other nations around the world. Improving the health of the population, he says, has proven to be an essential (实质的) method in helping poor countries to be financially successful. “National borders allow inequalities,” said Gates: “We all need to take a more global view, rather than just saying my country is doing well. We have to step up these health issues, knowing how few resources are going into them.”
Gates said that both his parents set an example for him as a child. His father, William H. Gates, was the head of the local Planned Parenthood, and his mother, Mary, volunteered for the United Way. As he gathered his fortune, Gates knew he would eventually want to give back as well, but he didn’t expect to devote himself whole-heartedly to one project until he was about 60.
However, Gates, 47, began to question his ability to wait that long. “It seemed there was a real time urgency (紧迫),” Gates said. “I started to think, how many lives could I save before then?”
小题1:.. Bill Gates will give away his vast fortune to ___.
A.improve the health of population in America alone
B.improve the health of population all over the world
C.avoid leaving his children too much money
D.spare the American government the burden of health care
小题2:.. Bill Gates believes that one important way of developing poor countries is ___.
A.to set up more foundations for themB.to aid them with natural resources
C.to put more effort into the health issues in themD.to help them take a more global view
小题3:. It can be learned from the text that Bill Gates thinks ___.
A.Americans should care about people in other countries
B.Americans should treat fellow citizens well
C.Americans should devote themselves to certain projects
D. Americans can be world-famous by giving away vast fortune
小题4:.. Bill Gates gave away his vast fortune earlier than he had expected because of ___.
A.his weakening health conditionB.his parents’ suggestions
C.his great success in businessD.his concern for suffering people
小题5:. The underlined word “channel” probably has a similar meaning as it is used in sentence “___”.
A.Try to channel your abilities into something useful
B.We ought to channel this street so that water can flow away easily
C.Ships must follow the channel into the portD.Which channel will you be broadcasting tonight
问答题 简答题