问题 多项选择题

甲为获利于某日晚向乙家的羊圈内(共有29只羊)投放毒药,待羊中毒后将羊运走,并将羊肉出售给他人。甲的行为构成哪些罪

A.盗窃罪

B.投放危险物质罪

C.故意毁坏财物罪

D.生产、销售有毒、有害食品罪

答案

参考答案:A,D

解析: (1)盗窃罪与投放危险物质罪。以投毒的手段来窃取财物,如果危害了不特定多数人的生命、健康安全和财产安全,则构成盗窃罪与投放危险物质罪的想象竞合犯;如果没有危害不特定多数人的生命、健康和财产安全,而只是针对特定的财物(牲畜、鱼、禽等),则构成盗窃罪。本题中甲投毒乙家羊圈的行为属于前述第二种情形,因而甲构成盗窃罪,故选项A正确,而选项B错误。(2)盗窃罪与故意毁坏财物罪。应注意两点:其一,前罪以非法占有为目的,而后罪不具有此目的;其二,按照关于盗窃案件的司法解释,即使在实施盗窃中,造成公私财物严重毁损的,也只定盗窃罪从重处罚。因此,本题中甲的行为只构成盗窃罪而构不成故意毁坏财物罪,故选项C错误。(3)《刑法》第144条规定了生产、销售有毒有害食品罪,是指在生产、销售的食品中掺入有毒、有害的非食品原料的,或者销售明知掺有有毒、有害的非食品原料的食品的。甲明知羊肉里含有其投入的毒而仍然出售给他人,显然符合《刑法》第144条规定的行为,而且生产、销售有毒、有害食品罪是行为犯,并不要求造成特定的危害后果。因而,选项D正确。

阅读理解

阅读理解。

     Whatever our differences as human beings are we all think we're more like the rest of the animal world

than we realize. It is said that we share 40 percent of our genetic (遗传的) structure with the simple worm.

     But that fact has helped Sir John Sulston win the 2002 Nobel Prize for Medicine. Sir John is the founder

of the Sanger Institute in Cambridge, which was set up in 1992 to get further understanding of the human

genome (染色体组).

     To help them do this, they turned to the worm. The nematode (线虫类的) worm is one of the earliest

creatures on planet earth. It is less than one millimeter long, completely transparent and spends its entire life

digging holes through sand. But it still has lots to say about human life, and what can be done to make it

better.

     What the worm told Sir John and his colleagues was that each of the cells in the human body is

programmed like a computer. They grow, develop and die according to a set of instructions that are coded

in our genetic make-up.

     Many of the diseases that humans suffer from happen when these instructions go wrong or are not

obeyed. When the cell refuses to die but carries on growing instead, this leads to cancer. Heart attacks and

diseases like AIDS cause more cell deaths than normal, increasing the damage they do to the body. Sir John

was the first scientist to prove the existence of programmed cell death.

1. Sir John Sulston got a Nobel Prize for Medicine because he has _____ .

A. found that human beings are similar to the worm

B. got the fact we share 40 percent of our genetic structure with the simple worm

C. found the computer which controls each of the cells in the human body

D. proved that cell death is programmed

2. People might be seriously ill if the cells in their body _____.

A. grow without being instructed

B. die regularly

C. fail to follow people's instructions

D. develop in the human body

3. The underlined word " they" in Paragraph 5 refers to _____.

A. cell deaths

B. diseases

C. instructions

D. cells

4. What is the subject discussed in the text?

A. The theory of programmed cell deaths.

B. A great scientist-Sir John Sulston.

C. The programmed human life.

D. Dangerous diseases.

判断题