问题 单项选择题

甲为上厕所,将不满1岁的女儿放在外边靠着篱笆站立,刚进入厕所,就听到女儿的哭声,急忙出来,发现女儿倒地,怀疑是站在女儿身边的4岁男孩乙所为。甲—手扶起自己的女儿,二手用力推乙,导致乙倒地,头部刚好碰在一块石头上,流出鲜血,并一动不动。甲认为乙可能死了,就将其抱进一个山洞,用稻草盖好,正要出山洞,发现稻草动了一下,以为乙没死,于是拾起一块石头猛砸乙的头部,之后用一块磨盘压在乙的身上后离去。案发后,经法医鉴定,甲在用石头砸乙之前,乙已经死亡。依此情况,甲的行为构成何罪( )

A.过失致人死亡罪

B.过失致人死亡罪与故意杀人罪(既遂)数罪

C.过失致人死亡罪与故意杀人罪(未遂)数罪

D.故意杀人罪

答案

参考答案:C

解析:[评析] 甲过失致乙死亡,成立过失致人死亡罪,又发现稻草动了一下,以为乙没死,即产生杀人的故意,于是拾起一块石头猛砸乙的头部,构成故意杀人罪的对象不能犯的未遂。 D选项是因果关系错误的解决方式,因果关系的错误不影响犯罪构成。因果关系错误的一般情况是第一个行为是故意行为,第二个行为是过失行为,第二个行为实现了第一个行为所追求的目的。因而以第一个行为所指向的犯罪的既遂认定。但本案恰好相反,第一个行为是过失行为,过失行为是没有犯罪目的的,因而这里也不存在因果关系错误的问题。由于行为人的认识错误,又故意实施了第二个行为,实际上第二个行为无法既遂(对象不能犯)。第二个行为是主体对客体认识的错误,成立故意杀人的未遂。第一个行为和第二个行为之间是互相独立的关系,因而认定为数罪。所以最后的正确选项是过失致人死亡罪和故意杀人罪 (未遂)数罪。故选C。

阅读理解

阅读理解

     The students of Class Three were having a talk about meals.

     "Which meal do we all need most, breakfast, lunch or supper?" Miss Barker asked. All the boys and girls put up their hands. They all wanted to answer the question.

     "What do you think, Jim?" Miss Barker asked.

     "Supper ! " he answered.

     "Supper is the big meal of the day," said Miss Barker, "but I don't think it is the meal we need most."

     Tom stood up, "Is lunch the meal we need most?"

     "No," said Miss Barker. "Breakfast is the most necessary meal for us all. Why is that?"

     Ann put up her hand. " From night until morning it is a long time. We can't go without food for such a long time," she said.

     "That's right," said Miss Barker. "We need food every morning. What may happen to us if we have no breakfast? "

     The class had many answers to give.

     "We may feel hungry."

     "We may not feel like working."

     "We may feel sick."

     "Yes, you are right," said Miss Barker. "Now let's talk about what makes a good breakfast. Give me your answers. I will write them on the blackboard. "

     The first word Miss Barker wrote on the blackboard was milk. What else do you think she would write?

根据短文内容,判断正(T)误(F)

( )1. Of the three meals, we need breakfast most.

( )2. Miss Barker thinks milk is necessary for every meal.

(     )3. A group of children are talking about eating.

(     )4. Everyone thinks people can work well without having breakfast.

(     )5. Miss Barker never eats breakfast.

选择题