问题 多项选择题

被告人吴某系某国有公司会计,月工资不足2000元,且妻子在农村,两个孩子还在上学,家境困难,经常申请补助。但一天吴某家被盗,破案后查明罪犯盗得现金10万多元、名酒20多瓶、国外名牌手表2只,存折5个,且存折上有存款200多万元。吴某涉嫌经济犯罪被捕,吴某供述上述财物均是受贿所得,但查证属实的受贿物品仅有3万多元,吴某的行为构成:

A.受贿罪

B.巨额财产来源不明罪

C.贪污罪

D.职务侵占罪

答案

参考答案:A,B

解析:理由:本题考查一是受贿罪,二是巨额财产来源不明罪的认定。
根据我国刑法之规定,受贿罪是国家工作人员索取贿赂或者非法收受他人贿赂为他人牟取利益的行为。在本案中,被告吴某属于国家工作人员,供述其财物是受贿所得,且查证属实的仅有3万余元,故对可证实为受贿所得的部分以受贿罪追究吴某之刑事责任;而吴某巨额财产中,除3万余元可以证明为受贿所得以外,其他部分是明显超出被告吴某的正常收入且不能证明其合法来源,根据我国《刑法》第395条之规定,国家工作人员的财产或者支出明显超过合法收入,差额巨大,本人不能说明其来源是合法的,构成巨额财产来源不明罪。因此,被告吴某所有财产数额巨大,除可以证明为受贿所得的部分以外,其他部分明显超过被告人吴某之合法收入,且被告人不能说明其合法来源,故对此部分巨额财产,可以巨额财产来源不明罪追究吴某之刑事责任。

阅读理解

Astronauts, people who fly into space, need special training. First they go to Houston, Texas. That is the home of the Johnson Space Centre. There they are tested to see how strong and smart they are.

One of the first tests is for the heart. The people walk or run, then the space doctors see how fast their hearts are beating.

Another important test is performed. In this test the person must curl(蜷曲)his body up in a ball. When he is in that position, he is put into a round cloth bag. The doctors give him no idea how long he will have to stay in the bag. If a spaceship broke down in space, the astronauts would get into bags like this. Then they would have to wait and curl up in darkness, until help could arrive. You can see that an astronaut must not be afraid of tight space or darkness.

After the tests, only the best people are chosen to start astronaut training in a training centre. The astronauts in training learn many other things. They learn how to jump out of a moving airplane. They learn to how to blow up a lifeboat and get into it while they are in the ocean. The astronauts also have to learn how to get lifted out of the ocean by helicopter(直升机). That may look fun, but it can be dangerous.

After they finish training, the astronauts continue to work. They stay in good shape by running and doing exercise. They read about their special jobs. In that way they can learn new facts about space travel.

Then the big day comes. The astronaut is told to go to work on a flight into space. The crew members(全体船员)get to know each other first. Then they can learn which job each will do.

小题1:The astronauts don’t know how long they will stay in the bag in the test because ________________.

A.the doctors need to know how strong they are

B.the astronauts need to show how smart they are

C.good astronauts mustn’t be afraid of darkness or tight space

D.nobody knows when help will come if the spaceship breaks down小题2:The astronauts don’t learn how to ________________ in the training centre.

A.walk or run in space

B.jump out of the moving plane

C.blow up a lifeboat

D.get lifted out of water by helicopter小题3:Which is the correct order according to the passage?

a. Doctors do tests on the astronauts.

b. The astronauts go to the Space Centre.

c. The astronauts learn new facts about space travel.

d. The best people are chosen for training.

e. The astronauts go to work on a flight into space.

A.a, b, c, d, e

B.d, a, e, b, c

C.b, a, d, c, e

D.c, d, e, b, a小题4:Which of the following is NOT true?

A.After the tests, only the best people are chosen to start astronaut training in a training centre.

B.The crew members get to know each other after the tests.

C.One of the first tests is for the heart.

D.An astronaut must not be afraid of tight space or darkness.

单项选择题