问题 多项选择题

某甲为个体运输公司的老板,长期为某大型国有酒厂运输货物,双方签订了长期的运输合同。某日,甲的朋友张某、何某找到甲提出,某厂生产的“MT”酒价值高,市场好销,若能乘运输过程中,使用调包的手段,将假酒换成真酒,既能保住甲的业务,又能另行销售谋利,岂不两全其美,甲思考再三为之所动,但提出必须用真酒调包,张、何同意,其后,张、何从市场购买了价值10元左右的某种白酒,装入“MT”的酒瓶中,每次甲承担运输任务时,换取3~5箱。长达一年多时间内,三人采用此手段,换取“MT”酒200箱,谋利达40余万元。本案中,甲的行为不应构成()

A.贪污罪和假冒注册商标罪

B.职务侵占罪和假冒注册商标罪

C.诈骗罪和假冒注册商标罪

D.盗窃罪和假冒注册商标罪

答案

参考答案:A,C,D

解析:考点: 行为定性
  讲解:本案中,可首先确定三人成立假冒注册商标罪;对于调包行为,因其与酒厂属平等主体间的委托关系,甲本人不具有贪污罪所要求的身份条件,也不符合受委托经营国有财产的主体资格,无法成立贪污罪。甲作为运输人,根据货运合同规定,对财物有一定保管的职责,但是利用占有财物的便利进行偷换,以低价值财物换取高价值财物,实际上是暗中占有财物,所以,应该成立侵占罪。故B为正确。

阅读理解

This year, the World Mental Health Day on Oct 10 was marked by the theme: “Depression: A Global Crisis”. According to the World Federation for Mental Health and the WHO, depression has moved beyond the medical domain(领域) to become a social problem. Statistics from the Beijing Suicide Research and Prevention Center show that of the 287,000 people who commit suicide in China every year, 70 percent are victims of depression.

“This equates to one depression victim taking their life every three minutes,” cited CCTV recently. According to the Beijing-based Capital Medical University, the number of depression patients has been on the rise in the past years and now accounts for 5 to 10 percent of the population, more than the global average of 5 percent.

Wang Shaoli, vice-president of Beijing Huilongguan Hospital, a medical center specializing in mental health, said that what makes depression so widespread is that everybody can get it.

“No one is immune to depression,” said Wang. “It has become a social problem because depression kills one’s social capabilities, such as communication, and leads to a negative social mentality.”

According to Wang, depression can be treated with medicine and early psychological consultation. The real problem is the lack of awareness surrounding the issue.

“People with mental health illnesses are discriminated against,” said Wang. “So they are reluctant to go to hospital and often keep the pain to themselves, which only makes matters worse.” Only one in 10 depression victims are properly treated in China, according to the Beijing Suicide Research and Prevention Center.

“When people get depressed, it becomes part of their thoughts, making them negative, even desperate,” said Wang. “And the ideas are difficult to change.” That’s why Wang suggests early intervention.

“Normally it takes about nine months to treat depression,” said Wang. “But in most cases, patients drop treatment half way when they feel some progress.”

小题1:How is Para1& 2 mainly supported when it tells that depression has become a social problem?

A.By giving data

B.By making definition

C.By analyzing causes

D.By making comparisons小题2:According to the passage, which of the following are true EXCEPT________ ? 

A.people with depression are more likely to commit suicide.

B.the percentage of depression patients is larger in China than that in the world.

C.more and more people have been suffering from depression.

D.depression can destroy people’s immune system and social capabilities小题3:People with mental illnesses are unwilling to go to hospital because __________.

A.the victims think that they will get well soon

B.they are discriminated against and don’t want others to know their illnesses

C.there are few medical centers specializing in mental health

D.there is no way to treat them小题4:In Wang Shaoli’s opinion, the better way to deal with mental problem is to _________.

A.force the victims to go to hospital

B.keep their pain to themselves when it appears

C.keep positive and get early psychological consultation

D.more medical centers should be set up

多项选择题