问题 多项选择题

张某从甲省拐骗17岁少女1人,欲卖至乙省,在拐卖途中,张某几次强行 * * 淫该女,并强迫其卖淫两次,则张某的行为不应当认定为( )。

A.构成拐卖妇女罪、强 * * 罪、强迫卖淫罪,应实行数罪并罚

B.构成拐卖妇女罪与强迫卖淫罪,此两罪应实行数罪并罚,其强 * * 行为不宜单独定罪,而应作为强迫卖淫罪中"强 * * 后迫使卖淫的"这一加重处罚的条件

C.只构成强 * * 罪、强迫卖淫罪,因为其拐卖行为尚未完全实现

D.只构成拐卖妇女罪,其强 * * 行为、强迫卖淫的行为只作为法定的加重处罚条件,不宜单独定罪

答案

参考答案:A,B,C

解析:根据《刑法》第240条规定,拐卖妇女、儿童的,有下列情形之一的,,处十年以上有期徒刑或者无期徒刑,并处罚金或者没收财产;情节特别严重的,处死刑,并处没收财产:(一)拐卖妇女、儿童集团的首要分子;(二)拐卖妇女、儿童三人以上的;(三) * * 淫被拐卖的妇女的;(四)诱骗、强迫被拐卖的妇女卖淫或者将被拐卖的妇女卖给他人迫使其卖淫的;(五)以出卖为目的,使用暴力、胁迫或者麻醉方法绑架妇女、儿童的;(六)以出卖为目的,偷盗婴幼儿的;(七)造成被拐卖的妇女、儿童或者其亲属重伤、死亡或者其他严重后果的;(八)将妇女、儿童卖往境外的。故张某构成一罪,其他属加重情节。

单项选择题

Electronics are being recycled in record numbers as more states require it and more companies collect and even pay for discarded items, but the gains come with controversy.

Some environmentalists complain that recycling is not keeping pace with electronics sales. Some say e-waste is being dumped in developing countries, where toxic materials such as lead and mercury can leach from landfills into groundwater.

"It is a success story, but we’d like to see it get more successful" to keep up with the electronics boom, says Janette Petersen of the Environmental Protection Agency (EPA). The amount of recycled items more than doubled from 1999 to 2007, the most recent year for which the EPA has figures. But as a percentage of all electronics, it increased less, from 15% to 18%. "The demand for electronics recycling has been growing," partly because of the switch last year to digital TV, says Jennifer Berry of Earth911. corn, a private group that keeps a database of recyclers. Last year, she says 31% of inquiries involved electronics, primarily TVs, batteries and computers.

Public and private efforts are expanding. Vermont became the 21st state last month to enact a law that requires e-waste recycling. Twenty-six companies--including Dell, Hewlett Packard, AT&T and Verizon--have partnered with the EPA on the Plug-In to eCycling program to promote electronics recycling since its launch in 2003. Companies such as Gazelle. corn pay for used gadgets such as iPods, which they resell or recycle. Best Buy and other stores are collecting more e-waste. Target announced last month that it put bins in every store to accept cellphones, MP3 players and ink cartridges.

Jim Puckett of Basel Action Network, a Seattle-based non-profit organization that aims to stop toxic exports, worries that some American companies dump e-waste in Africa to save money. "People are trying to look green, but they’re not telling you where it (waste) is going," he says. "You can’t turn over your TV to just any recycler. " He says it’s better to store an old TV than give it to a recycler that may export it to poor countries.

The Basel Action Network announced its e-Stewards program last month to ensure safe handling of electronics by using only recyclers certified by accredited organizations. It now lists 45 recyclers in 80 locations. Samsung and other companies have signed on. Environmental groups, including the Sierra Club, back it.

According to Jim Puckett, you cannot give your electronics to recyclers because ()

A. recyelers don’t tell you where the electronics will go

B. you may be cheated by recyclers for not knowing the electronics’ value

C. recyclers may export the electronics to poor countries

D. you can store your electronics for a better price

单项选择题