问题 问答题

《刑法》第170条规定:“伪造货币的,处三年以上十年以下有期徒刑,并处五万元以上五十万元以下罚金;有下列情形之一的,处十年以上有期徒刑、无期徒刑或者死刑,并处五万元以上五十万元以下罚金或者没收财产:
(一)伪造货币集团的首要分子;
(二)伪造货币数额特别巨大的;
(三)有其他特别严重情节的。”
《刑法》第172条规定:“明知是伪造的货币而持有、使用,数额较大的,处三年以下有期徒刑或者拘役,并处或者单处一万元以上十万元以下罚金;数额巨大的,处三年以上十年以下有期徒刑,并处二万元以上二十万元以下罚金;数额特别巨大的,处十年以上有期徒刑,并处五万元以上五十万元以下罚金或者没收财产。”
试说明:

请根据犯罪构成理论确认伪造货币罪的犯罪构成。

答案

参考答案:伪造货币罪的构成特征为:1) 侵犯客体是国家对货币的管理制度,具体指破坏货币的公共信用和侵害货币的发行权。2) 客观方面表现为伪造货币的行为。伪造货币是指没有货币发行权的人,仿照真货币的形状、样式、图案、色彩等特征制造假币,以假充真。3) 犯罪主体是一般主体,即个人。4) 主观方面表现为故意,即行为人明知自己不具有货币发行权,而有意伪造货币。

阅读理解

When Boris left school,he could not find a job.He tried hard and pestered(纠缠)his relatives,but they had problems of their Own. He answered advertisements until he could not afford to buy any more stamps. Boris grew annoyed,then depressed,then a little hardened.Still he went on trying and still he failed.He began to think that he had no future at all.

“Why don’t you start your own business?” one of his uncles told him.“The world is a  money-locker. You’d better find a way of opening it.”

“But what can I do?”

“Get out and have a look round,” advised his uncle in a vague sort of way.“See what people want;then give it to them,and they will pay for it.”

Boris began to cycle around the town and found a suitable piece of a waste ground in the end. Then he set up his business as a cycle repairer.He worked hard,made friends with his customers and gradually managed to build up his goodwill and profit.A few months later, he found that he had more work than he could deal with by himself.He found a number of empty shops but they were all no good:in the wrong position,too expensive or with some other snag(障碍). But at long last,he managed to find an empty shop on a new estate where there were plenty of customers but no competition.

Boris and his assistant taught themselves how to repair scooters and motor-cycles.Slowly  but surely the profits increased and the business developed. At last,Boris had managed to open the money-locker and found bank notes and gold Coins inside.

小题1:Which of the following would be the best title for the passage ?

A.Goodwill is the key to success.

B.The world is a money-locker

C.No education, no future

D.Difficulty of starting a small business小题2:Which of the following best describes Boris’ job hunting experience?

A.Surprising

B.Encouraging

C.Boring

D.Disappointing小题3:Boris start his career by       . 

A.cycling around the town

B.developing a waste ground

C.repairing cycles

D.buying empty shops小题4:Boris finally chose an empty shop on a new estate because      .

A.it was not so expensive

B.he had a lot of old customers there

C.he could make good use of his skills there

D.there were good opportunities there小题5:We can infer from the last paragraph that Boris       .

A.still couldn’t make good profits

B.set off in a successful career

C.found a lot of gold coins by accident

D.had great difficulty running his business

判断题