问题 多项选择题

王某下岗后经济困难,见老同学张某做生意发了财,就想从他身上捞点好处,于是以请客为名将张某约到某酒店。席间王某不停劝酒,将张某灌醉,然后乘其不备将其手机、商务通、现金全部拿走。王某的行为在以下几项犯罪中哪些是可以排除的:

A.侵占罪

B.盗窃罪

C.抢劫罪

D.抢夺罪

答案

参考答案:A,B,D

解析:本题考查抢劫罪与相关犯罪的区别。 抢劫罪是指以非法占有为目的,以暴力、胁迫或者其他方法,强行劫取公私财物的行为。本题中,王某用酒将张某灌醉,属于以其他方法使被害人暂时丧失自由意志,其目的是非法占有其财物,应认定为抢劫罪。单纯利用被害人不能反抗的状态取走财物,例如乘其熟睡时取走财物,而行为人并未采取积极措施使被害人不能反抗,则成立盗窃罪。抢夺罪与抢劫罪的区别在于:抢夺行为直接对财物而不对人实施暴力,被害人并未处于因暴力、胁迫或其他方法而不能反抗的状态。而侵占罪的犯罪对象是由行为人代为保管的他人财物或者他人的遗忘物、埋藏物。

选择题
单项选择题

Kevin Hines, a manic-depressive, was 19 and in one of his weekly downswings on an overcast Monday morning in 2000. He went to the nearby Golden Gate Bridge to kill himself mostly because, with only a four-foot (1.2-metre) railing to leap, "I figured it was the easiest way." He dived over, but flipped and hit the water at 75mph with his feet first. His legs were crushed, but he somehow stayed conscious and started paddling with his upper body until the Coast Guard fished him out.

Mr. Hines is one of 26 people who have survived suicide attempts at the bridge, but 1 223 are known to have succeeded (i. e., were seen jumping or found floating). People are throwing themselves off the bridge at the rate of two a month, which makes it the most popular place in the world for suicides. One book on the subject says that the Golden Gate is "to suicide what Niagara Falls is to honeymooners".

Many San Franciscans think that the solution is to emulate the Empire State Building, the Sydney Harbour Bridge, the Eiffel Tower, St. Peter’s basilica and other such places and put up a simple barrier. This, however, is a decision for the 19 board members of the Golden Gate Bridge, Highway and Transportation District, an entity that oversees the bridge itself and the buses and ferries that operate in the area. Most of its revenues’ come from tolls and fares, and the district loses money. A barrier would cost between $15 million and $ 25 million.

So the Psychiatric Foundation of Northern California, which has adopted the barrier as its cause, considers it a success that the board has merely allowed a feasibility study, for which various private and public donors have raised

$ 2 million. Mel Blaustein, a director at the foundation, has heard several arguments against a barrier over the years-too ugly, too expensive, and so forth--but the most persistent has been that people would simply kill themselves somewhere else, so why bother.’ This is nonsense, he says, "Most suicides are impulsive and preventable." A bridge without a barrier, adds Pat Hines, Kevin’s father, is "like leaving a loaded gun in the psychiatric ward.\

What will the author mention after Paragraph 4()

A. Some examples that bridges with barriers saved many people’s lives

B. Some suicides were successfully prevented

C. Some barriers over bridges are accepted both ornamentally and financially

D. Some barriers over bridges are in progress