问题 单项选择题

依据《刑法》的相关规定,下列行为的认定,正确的是哪项

A.甲在一银行的业务受理窗口上捡到一个包(包里有1万元),问“谁丢了包”见无人答应,便将包拿走。甲的行为构成盗窃罪

B.农民乙见邻居将一样东西埋在院子的地里,趁夜晚无人挖出来一看是一古董,便带回家中,乙的行为构成侵占罪

C.丙深夜到他人家中行窃,以为家里无人。其实里屋有一个残疾老人,只是老人不敢出声,眼睁睁看着丙偷走彩电。丙的行为构成抢劫罪

D.丁杀死仇人后,将其身上的现金和手机拿走。丁的行为构成故意杀人罪和盗窃罪,应数罪并罚

答案

参考答案:D

解析: A项中的包属于遗忘物,甲拿走不构成盗窃罪,如果其拒不退还可构成侵占罪。因为侵占罪的另一客观方面表现即是将他人的遗忘物或埋藏物非法占为已有,数额较大拒不交出的行为。B项中埋在邻居家院子里的古董属于邻居所有,乙秘密窃取构成盗窃罪。C项中丙自认为自己的盗窃行为没有被发现,故构成盗窃罪。因此D项正确,当选。

不定项选择
单项选择题

The United States is usually given credit for creating and developing the musical comedy as it is known today. The first musical shows were based (1) everyday American life and the (2) development of the form took place in the United States for more than half a century. (3) the early 1970s, (4) , the London theater has (5) the Broadway stage.

The Black Crook, which opened at Niblo’s Garden in New York City on Sept. 12, 1866, is usually (6) as the inspiration for musical comedy. A troupe of French ballet dancers (7) to be stranded in New York without work (8) a fire damaged the theater (9) they had been booked. In order to keep a (10) to them, the theater producer put the dancers into a melodrama written by Charles M. Barres.

The first stage production that was (11) a musical comedy was a show that was (12) from the Prince of Wales Theater to the Gaiety Theater in London in 1892. Staged by George Edwards, the show called In Town featured a chorus line of Gaiety Girls. The (13) year A Gaiety Girl was equally successful, and a (14) of the show played in New York in the same year. When it was (15) in newspapers, it was designated a musical comedy and regarded as a new (16) of entertainment.

It did not take the form long to (17) in the United States. Almost (18) one of the most renowned talents of the American stage went to work on his own musicals. The singer-dancer George M. Cohan staged Little Johnny Jones in 1904. Cohan, (19) own life story was made into the musical George M (1968), also wrote the books, words, and (20) for Forty-five Minutes from Broadway ( 1906 ), The Little Millionaire ( 1911 ), The Song and Dance Man ( 1923 ), and American Born (1925).

10()

A.commitment

B.sense

C.communication

D.connection