问题 多项选择题

某机关工勤人员赵某在一次公务活动中玩忽职守给国家财产造成重大损失,检察机关以玩忽职守罪对他进行立案。赵某认为自己不是国家机关工作人员,根据刑法规定不应构成玩忽职守罪。检察机关则认为赵某从事的是公务活动,应构成玩忽职守罪。案件侦查期间,全国人大常委会作出解释:“虽未列入国家机关人员编制但在国家机关中从事公务的人员,在代表国家机关行使职权时,有渎职行为,构成犯罪的,依照刑法关于渎职罪的规定追究刑事责任。”赵某聘请的律师刘某认为该解释不应有溯及力。上述案件中,不属于法定解释的有( )。

A.赵某的解释

B.检察机关的解释

C.全国人大常委会的解释

D.律师刘某的解释

答案

参考答案:A,B,D

解析:[精解] 赵某、律师刘某及检察机关的解释属于任意解释,全国人大常委会的解释属于法定解释。

选择题
单项选择题

When Dave was eighteen, he bought a secondhand car for 200 so that he could travel to and from work more (1) than by bus. It worked quite well for a few years, but then it got so old, and it was costing him (2) much in repairs that he decided that he had better (3) it.

He asked among his friends to see if anyone was particularly (4) to buy a cheap car, but they all knew that it was falling to pieces, so (5) of them had any desire to buy it. Dave’s friend Sam saw that he was (6) when they met one evening, and said, "What’s (7) , Dave"

Dave told him, and Sam answered, "Well, what about advertising it in the paper You may (8) more for it that way than the cost of the advertisement!" Thinking that Sam’s (9) was sensible, he put an advertisement in an evening paper, which read "For sale: small car, (10) very little petrol, only two owners. Bargain at 50. " For two days after the advertisement first appeared, there was no (11) . But then on Saturday evening he had an enquiry. A man rang up and said he would like to (12) him about the car. "All right, " Dave said, feeling happy. He asked the man whether ten o’clock the next morning would be (13) or not. "Fine, " the man said, "and I’ll (14) my wife. We intend to go for a ride in it to (15) it. "

The next morning, at a quarter to ten, Dave parked the car in the square outside his front door, (16) to wait there for the people who had (17) his advertisement. Even Dave had to (18) that the car really looked like a wreck. Then, soon after he had got the car as clean (19) it could be, a police car stopped just behind him and a policeman got out. He looked at Dave’s car and then said, "Have you reported this (20) to us yet, sir\

12().

A.tell 

B.see 

C.agree 

D.call