问题 单项选择题

甲乙二人通谋共同盗窃,乙在门外望风,甲入室行窃,甲行窃时不慎碰倒水杯,将独自在卧室熟睡的女主人某丙惊醒。甲遂停止盗窃,强 * * 了丙,事后与乙逃走。则对甲、乙二人的行为应( )。

A.构成共同犯罪,均应以盗窃罪和强 * * 罪并罚

B.甲构成强 * * 罪,乙构成盗窃罪

C.甲构成强 * * 罪,乙不构成犯罪

D.甲构成盗窃罪(未遂)、强 * * 罪,应并罚,乙构成盗窃罪(未遂)

答案

参考答案:D

解析:甲的强 * * 行为系其临时起意,超出共同犯意之外。参见《刑法》第25条的规定。

多项选择题 案例分析题
单项选择题

Cooperation is the common endeavor of two or more people to perform a task or reach a jointly cherished goal. Like competition and conflict, there are different forms of cooperation, based on group organization and attitudes.In the first form, known as primary cooperation, group and individual unite. The group contains nearly all of each individual’’s life. The rewards of the group’’s work are shared with each member. There is an interlocking identity of individual, group, and task performed. Means and goals become one, for cooperation itself is valued.While primary cooperation is most often characteristic of preliterate societies, secondary cooperation is characteristic of many modern societies. In secondary cooperation, individuals devote only part of their lives to the group. Cooperation itself is not a value. Most members of the group feel loyalty, but the welfare of the group is not the first consideration. Members perform tasks so that they can separately enjoy the fruits of their cooperation in the form of salary, prestige, or power. Business offices and professional athletic teams are examples of secondary cooperation.In the third type, called tertiary cooperation or accommodation, latent conflict underlies the shared work. The attitudes of the cooperating parties are purely opportunistic; the organization is loose and fragile. Accommodation involves common means to achieve antagonistic goals; it breaks down when the common means cease to aid each party in reaching its goals. This is not, strictly speaking, cooperation at all, and hence the somewhat contradictory term antagonistic cooperation is sometimes used for this relationship.

In the primary cooperation ________.

A.group and individual don’t have to unite

B.the group contains nearly all of each person’s life

C.individuals work for themselves

D.people don’t value cooperation