问题 单项选择题

关于不作为犯罪的认定,下列说法正确的有( )。

A.消防员甲某因着急赶约会在救完一处火灾后下班回家时没有脱掉制服,路过某地时,恰遇火灾,甲某想自己已经下班了,就没有参加火灾的救助工作,甲某的行为构成不作为的渎职犯罪
B.扳道工乙某在值班时被抢匪捆绑,这时一辆火车经过,因没有将岔路扳开而导致火车出轨倾覆,扳道工乙某构成不作为犯罪
C.起重机操作工丙某在起运工件时,因旧患突发而休克,致使起重机失去控制,造成9人伤亡的严重事故,丙某的行为属于意外事件,不构成不作为犯罪
D.扳道工丁某收到一封恐吓信,上面称下午经过的某次列车不允许丁某按时进行扳道工作,否则其家人性命就不保,丁某迫于压力而未按时扳道,导致火车相撞的事故发生,丁某属于被胁迫,其行为不构成不作为犯罪

答案

参考答案:C

解析: 关于A选项,不作为是相对于作为而言的,指行为人负有实施某种积极行为的特定的法律义务,并且能够实行而不实行的行为。本题中,消防员甲因已经下班没有职务上、业务上的义务,所以不构成不作为犯罪。因此,A选项的说法错误。关于B选项,扳道工乙某在值班时被抢匪捆绑,这时一辆火车经过,因没有将岔路扳开而导致火车出轨倾覆,此时扳道工没有履行能力,不构成不作为犯罪。因此,B选项的说法错误。关于C选项,起重机操作工丙某在起运工件时,因旧患突发而休克,致使起重机失去控制,造成9人伤亡的严重事故,丙某的行为属于意外事件,不构成不作为犯罪。因此,C选项的说法正确。关于D选项,扳道工丁某尽管受了胁迫,但是仍然具有作为的义务,有能力履行而没有履行,构成不作为犯罪。因此,D选项的说法错误。

判断题
单项选择题

Questions 91 — 100 are based on the following passage. (15 points)Electronic mail has become an extremely important and popular means of communication.The convenience and efficiency of electronic mail are threatened by the extremely rapid growth in the volume of unsolicited commercial electronic mail. Unsolicited commercial electronic mail is currently estimated to account for over half of all electronic mail traffic, up from an estimated 7 percent in 2001, and the volume continues to rise. Most of these messages are fraudulent or deceptive in one or more respects.The receipt of unsolicited commercial electronic mail may result in costs to recipients who cannot refuse to accept such mail and who incur costs for the storage of such mail, or for the time spent accessing, reviewing, and discarding such mail, or for both. The receipt of a large number of unwanted messages also decreases the convenience of electronic mail and creates a risk that wanted electronic mail messages, both commercial and noncommercial, will be lost, overlooked, or discarded amidst the larger volume of unwanted messages, thus reducing the reliability and usefulness of electronic mail to the recipient. Some commercial electronic mail contains material that many recipients may consider vulgar or pornographic in nature.The growth in unsolicited commercial electronic mail imposes significant monetary costs on providers of Internet access services, businesses, and educational and nonprofit institutions that carry and receive such mail, as there is a finite volume of mail that such providers, businesses, and institutions can handle without further investment in infrastructure. Many senders of unsolicited commercial electronic mail purposefully disguise the source of such mail.Many senders of unsolicited commercial electronic mail purposefully include misleading information in the messages’’ subject lines in order to induce the recipients to view the messages. While some senders of commercial electronic mail messages provide simple and reliable ways for recipients to reject (or ’’opt-out’’ of) receipt of commercial electronic mail from such senders in the future, other senders provide no such ’’opt-out’’ mechanism, or refuse to honor the requests of recipients not to receive electronic mail from such senders in the future, or both.Many senders of bulk unsolicited commercial electronic mail use computer programs to gather large numbers of electronic mail addresses on an automated basis from Internet websites or online services where users must post their addresses in order to make full use of the website or service.The problems associated with the rapid growth and abuse of unsolicited commercial electronic mail cannot be solved by the government alone. The development and adoption of technological approaches and the pursuit of cooperative efforts with other countries will be necessary as well.

Which of the following is NOT true about unwanted e-mail

A.It costs money to receive them.

B.It’s free to store them.

C.It takes time to access them.

D.It takes time to throw them away.