问题 单项选择题

张某出于报复动机将赵某打成重伤,发现赵某丧失知觉后,临时起意拿走了赵某的钱包,钱包里有1万元现金,张某将其占为己有。关于张某取财行为的定性,下列哪一选项是正确的( )

A.构成抢劫罪

B.构成抢夺罪

C.构成盗窃罪

D.构成侵占罪

答案

参考答案:C

解析:[考点] 盗窃罪;抢劫罪;抢夺罪;侵占罪 [详解] 抢劫罪、抢夺罪、盗窃罪和侵占罪都以非法占有他人财物为目的,其不同点主要表现在客观方面:抢劫罪是以暴力、胁迫或其他方法使人不能抗拒,强行劫取公私财物;抢夺罪是趁人不备,公开夺取数额较大财物的行为;盗窃罪是秘密窃取数额较大财物的行为;侵占罪是指以将代为保管的他人财物或者他人的遗忘物、埋藏物非法占为己有,数额较大,拒不退还的行为。张某在赵某丧失知觉后,临时起意拿走了赵某的钱包,采取的是秘密的方式;张某将钱包里面的1万元现金占为己有,符合数额较大的规定,应当构成盗窃罪。故选项C是正确答案。另外注意,本题之所以不定抢劫罪而定盗窃罪,是因为张某将赵某打成重伤的行为是“出于报复动机”而非劫取财物的目的。

阅读理解

I’m lying on my back in my grandfather’s orchard (果园), looking up at the branches above me. It is one of the last days of summer. Already the days are shorter and the nights are cooler. Some kinds of apples are already ripe(成熟的). Others will be ready to pick soon. I think of my grandmother’s apple pie, and how I used to make it with her. She died last year, before the apple harvest, and I have not had her pie since then. I really miss her. I hear bees busily humming about, visiting the late summer flowers. The gentle hum of their wings nearly sends me to sleep.

The sky is as blue as my grandfather’s eyes. Above me, big white clouds ran across the sky like pieces of cotton blowing in the wind. School starts in another week, and time seems to have slowed down.

“Sophie!” calls my grandfather. “Is that you?” I stand up, take his hand, and tell him all about my day as we walk through the orchard. We talk about apples, and bees and Grandma. He tells me that he misses her too.

He puts his rough, brown farmer’s hand around my shoulder and pulls me close. “ You know, Sophie,” he says, “ I spent the morning in the attic (阁楼), and you’ll never guess what I found. It’s the recipe(烹饪法) for Grandma’s apple pie. I used to help her make it sometimes. I can’t do it all alone, but you used to help her too. Maybe between the two of us, we can work it out. Want to try?”

“ But it won’t be the same without Grandma,” I tell him.

“That’s true,” he says, “but nothing is the same without Grandma. Still, I don’t think that she would want us never to have another apple pie. What do you say?” I nod yes, and we walk towards home…toward an afternoon in the farmhouse kitchen, making Grandma’s famous apple pie.

小题1:We learn from the passage that Sophie        .

A.likes to watch clouds in the attic

B.comes to the orchard after school

C.enjoys Grandma’s apple pie very much

D.picks many apples in the orchard小题2:Both Sophie and her grandfather used to ______.

A.help Grandma make apple pies

B.spend summer afternoons in the orchard

C.enjoy fresh fruit in the farmhouse kitchen

D.walk alone among the apple trees小题3:The underlined part in the last paragraph shows       .

A.how much Sophie’s grandmother loved Sophie

B.how much Sophie’s grandfather likes apple pies

C.how much Sophie loves her grandfather’s orchard

D.how much Sophie’s grandfather misses Grandma小题4:Which of the following might be the best title for the passage?

A.My grandfather’s orchard

B.My grandmother’s apple pie

C.A morning in the attic

D.The last days of summer

单项选择题