问题 单项选择题

乘务员章某经常在公交车上扒窃乘客的钱财。某日,章某趁郭某昏睡又窃得他的一个手提包。回到家中章某打开手提包却发现里面并无钱财,却有一把手枪。章某便将手枪掩埋在自家的院落里以备不时之需。则章某的行为构成:()

A.盗窃罪和非法持有枪支罪数罪

B.盗窃枪支罪一罪

C.盗窃罪和私藏枪支罪数罪

D.盗窃罪一罪

答案

参考答案:A

解析:

[考点] 盗窃罪;针对枪支犯罪的定性

首先,行为人在实施盗窃犯罪时,由于不知内情而将枪支误以为是普通财物而盗走,应以盗窃罪论处。这是因为行为人主观上只有盗窃普通财物的故意,若认定其构成盗窃枪支罪,有客观归罪之嫌。其次,行为人如将盗取的枪支非法持有或私藏起来则应分别定非法持有枪支罪或私藏枪支罪并与盗窃罪并罚。最后,最高人民法院《关于审理非法制造、买卖、运输枪支、弹药、爆炸物等刑事案件具体应用法律若干问题的解释》指出:“非法持有枪支”是指不符合配备、配置枪支、条件的人员,违反枪支管理法律、法规的规定,擅自持有枪支的行为; “私藏枪支”是指依法配备、配置枪支的人员,在配备、配置枪支的条件消除后,违反枪支管理法律、法规的规定,私自藏匿所配备、配置的枪支且拒不交出的行为。因此,非法持有枪支罪的主体是一般主体,而私藏枪支罪的主体则是特殊主体,即行为人本来具有配备、配置枪支的资格。在本案中章某系一般主体,故成立非法持有枪支罪与盗窃罪数罪。答案为A。

问答题

American and Japanese researchers are developing a smart car that will help drivers avoid accidents by predicting when they are about to make a dangerous move.

The smart car of the future will be able to tell if drivers are going to turn, change lanes, speed up, slow down or pass another car.

If the driver’s intended action could lead to an accident,the car will activate a warning system or override the move.

(46) " BY shifting the emphasis of car safety away from design of the vehicle itself and looking more toward the driver’s behavior, the developers believe that they can start to build cars that adapt to suit people’s needs , " New Scientist magazine said.

Alex Pentland of the Massachusetts Institute of Technology collaborated on the project with Andrew Liu who works for the Japanese carmaker Nissan.

(47)Tests of their smart car using a driving simulator have shown that it is 95 percent accurate in predicting a driver’s 12 seconds in advance.

(48)The system is based on driving behavior which the researchers say can be divided into chains of sub-actions which include preparatory moves.

It monitors the driver’s behavior patterns to predict the next move.

" To make its predictions, Nissan’s smart car uses a computer and sensors on the steering wheel, accelerator and brake to monitor a person’s driving patterns. (49)A brief training session, in which the driver is asked to perform certain maneuvers, allows the system to calculate the probability of particular actions occurring in two-second time segments, " the magazine said.

Liu has also done work on tracking eye movement to predict driving behavior. (50)He said the smart car could be adapted to monitor eye movement which could give even earlier predictions of when a driver is about to make a wrong move.

(49)A brief training session, in which the driver is asked to perform certain maneuvers, allows the system to calculate the probability of particular actions occurring in two-second time segments, " the magazine said.

单项选择题