问题 单项选择题

某私营企业的会计王某涂改账册,将公司资金据为己有。王某的行为构成( )。

A.贪污罪

B.侵占罪

C.职务侵占罪

D.诈骗罪

答案

参考答案:C

解析:贪污罪的犯罪主体必须是国家工作人员,王某作为私营企业的会计,不属国家工作人员,其行为显然不会构成贪污罪。侵占罪,是指以非法占有为目的,将代为保管的他人财物或者将他人的遗忘物、埋藏物非法占为己有,数额较大拒不退还或者拒不交还的行为。很明显,王某的行为并不构成侵占罪。诈骗罪,是指以非法占有为目的,用虚构事实或者隐瞒真相的方法,骗取数额较大的公私财物的行为。王某的行为方法是涂改账册,而非虚构事实或者隐瞒真相,因此,其行为也不构成诈骗罪。职务侵占罪,是指公司、企业或者其他单位的人员,利用职务上的便利,将本单位财物非法占有,数额较大的行为。从本题来看,王某是企业的会计,他利用自己在职务上的便利,涂改账册,将公司资金据为己有,已经符合了职务侵占罪的构成要件,其行为构成职务侵占罪。

填空题


In the following passage, there are 20 blanks representing the words that are missing from the context. You are to put back in each of the blanks the missing worD.The time for this section is 20 minutes.
Many things about language are a mystery, and many will always remain so. But some things we do know.
First, we know that all human beings have a language of some sort. (1) is no race of men anywhere on earth so backward that it has (2) language, no set of speech sounds by which the people communicate with one (3) . Furthermore, in historical times, there has never been a race of men (4) a language.
Second, there is no such thing as a primitive language. There are many people (5) cultures are underdeveloped, who are, as we say, uncivilized, but the (6) they speak are not primitive. In all known languages we can see complexities (7) must have been tens of thousands of years in development.
This has not (8) been well understood; indeed, the direct contrary has often been stateD.Popular ideas (9) the language of the American Indians will illustrate. Many people have supposed that the Indians (10) in a very primitive system of noises. Study has proved this (11) be nonsense. There are, or were, hundreds of American Indian languages, and all of them (12) out to be very complicated and very old.They are certainly (13) from the languages that most of us are familiar with, but they are (14) more primitive that English and Greek.
A third thing we know about language (15) that all languages are perfectly adequate. That is, each one is a perfect (16) of expressing the culture of the people who speak the language.
Finally, we (17) that language changes. It is natural and normal for language to change; the (18) languages which do not change are the dead ones. This is easy to (19) if we look backward in time. Change goes in all aspects of language. (20) features change as do speech sounds, and changes in vocabulary are sometimes very extensive and may occur very rapidly. Vocabulary is the least stable part of any language.

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