下列犯罪行为中，不属于不作为犯的有：
A．警察在值勤时见人行凶杀人，不予制止
B．有赡养能力的子女对父母不尽赡养义务，造成严重后果
C．某成年人带邻家小孩去游泳，在孩子溺水时不予抢救，致使孩子被淹死
D．过路人见交通事故的被害人躺在血泊中而不抢救
参考答案：D
解析：[测试点] 不作为的成立要件。
有赡养能力的子女有义务赡养父母而不赡养，属于不作为犯；警察在值勤时有义务有能力制止他人行凶杀人，却不制止，属不作为犯；成年人原本对邻家小孩没有照看义务，但由于他带小孩去游泳，他的这种先行行为导致他有负责小孩安全的义务，当小孩溺水时，他有义务有能力去抢救而不抢救，也属不作为犯；过路人对倒在血泊中的交通事故的被害人则无法律、职业或其他方面的义务，他的不救助行为只能引起道德谴责，不属于不作为犯罪。
| 阅读理解。 |
| Kyle lives in London. His father has a shop there and his mother is a shop assistant. He's six years old now and begins to go to school this autumn (秋天). It's a little far from their shop and his father drives a car to take him to school everyday. So he's not late for class and his teachers like him. It's Monday today. Miss Hunt is teaching them to count from one to ten. Kyle is studying hard. Soon he is studying hard. Soon he can count them. Miss Hunt is happy and asks,"How many people are there in your family, Kyle?" Kyle is standing and begins to count with his fingers (手指). Then he says "Two, Miss Hunt." "who are they?" "My father and mother." "Oh?" Miss Hunt is surprise (惊奇) and says,"There're 3 people in your family." "But now I'm not at home, but at school, you know!" |
| 1. Kyle is in Grade now. |
[ ] |
| A. One B. Two C. Three D. Four |
| 2. Kyle is . |
[ ] |
| A. an American girl B. an American boy C. an English girl D. an English boy |
| 3. Kyle usually goes to school . |
[ ] |
| A. on foot B. by bike C. by car D. by bus |
| 4. The teachers like Kyle because . |
[ ] |
| A. he helps his classmates. B. he always goes to school on time. (准时) C. he's the youngest in his class. D. he often does something for his classmates. |
| 5. Which is not true in the following? |
[ ] |
| A. Kyle can count from 1 to 10. B. Kyle isn't late for class. C. Kyle is studying hard. D. Kyle knows the difference between "home" and "family". |