问题 问答题

案情:张银为一水果摊摊主,一日其好友李升带着一位外地务工姑娘王灵来水果摊买水果,张银见王灵长得挺俊俏,且知道李升是专门做人口拐卖“生意”的,就花了3000元钱把王灵买回家,欲让王灵与其弟张金结婚。到家后,张银让张金将王灵骗到地下室,并将地下室的门反锁。期间,张银帮助张金强行与王灵发生性关系。张金多次要求王灵与其结婚,王灵不允,欲自杀,被张金阻止。张金见这样拖下去也无望,就打算将王灵卖掉,并将自己的想法告诉张银,张银表示同意,并积极寻找买主。一日,趁张银、张金不在家,王灵欲逃脱,恰巧被回来的张金发现,二人争执中张金推了王灵一下,不料王灵因此心脏病突发死亡,张金以为自己杀了人。后张银把所有的事告诉了丈夫周某,周某打电话到乡派出所报案,并将张银带到派出所去投案。张银在供述自己的罪行过程中始终强调张金没有过错,并供出了李升多次拐卖妇女、儿童的行为(后被抓获)。几日后,张金欲去派出所自首,走到途中,遇见在派出所任副所长的亲戚包某,张金告诉包某自己杀了人。包某说:“杀人要偿命,自首也要坐一辈子的牢,不如逃掉,逃过20年就没事了。”张金听了包某的话就打消了自首的念头,后不知所踪。
问题:
1.对张金应该以何罪定罪处罚

答案

参考答案:依据《自首和立功的解释》第1条规定,并非出于犯罪嫌疑人主动,而是经亲友规劝、陪同投案的;公安机关通知犯罪嫌疑人的亲友,或者亲友主动报案后,将犯罪嫌疑人送去投案的,也应当视为自动投案。因此,张银的行为貌似符合自首的特征。但前引司法解释第1条接着又规定,共同犯罪案件中的犯罪嫌疑人,除如实供述自己的罪行,还应当供述所知的同案犯,主犯则应当供述所知其他同案的共同犯罪事实,才能认定为自首。本案中,张银和张金构成共同犯罪,因此,张银仅供述自己的犯罪行为的,不应当视为自首。《刑法》第68条第1款规定,犯罪分子有揭发他人犯罪行为,查证属实的,或者提供重要线索,从而得以侦破其他案件等立功表现的,可以从轻或者减轻处罚;有重大立功表现的,可以减轻或者免除处罚。所以张银供出李升多次拐卖妇女、儿童的行为成立立功。

单项选择题 A1/A2型题
阅读理解

October 31, 2009, California

Tsien Hsue-shen, PhD'39, one of the founders of the Jet Propulsion Laboratory, died on October 31, He was 98.

Tsien, born in the eastern Chinese city of Hangzhou, graduated from the National Qinghua University in 1934 and in August of 1935 he left China to study at the Massachusetts Institute Technology. In 1936 he went to the California Institute of Technology to commence graduate studies .Tsien obtained his doctor degree in 1939 and would remain at Caltech for 20 years, becoming the Goddard Professor and establishing a reputation as one of the leading rocket scientists in the United States.

In 1943, Tsien and two others in the Caltech rocketry group drafted the first document to use the name Jet Propulsion Laboratory. During the Second World War, he was amongst the other scientists participated the "Manhattan Project" .After World War II he served as a consultant to the  United States Army Air Force. During this time, Conlonel Tsien worked on designing an intercontinental space plane. His work would inspire the X--20Dyna-Soar which would later be the inspiration for the Space Shuttle. In1945 Tsien Hsue--shen married Jiang Ying, the daughter of Jiang Baili--one of the Chinese nationalist leader Chiang Kai--shen's leading military strategists. But in 1950, the Chinese-born scientist was accused of harboring Communist sympathies and stripped of his security clearance.

In September 1955 he was permitted to leave for China, where Tsien resumed his research, founded the Institute of Mechanics, and went on to become the father of China's missile program, a trusted member of the government and Party's inner circle, and the nation's most honored scientist, Tsien retired in 1991 and has maintained a low public profile in Beijing, China. The PRC government launched its manned space program in 1992 and used Tsien's research as the basis for the Long March rocket which successfully launched the Shenzhou V mission in October of 2003.The elderly Tsien was able to watch China's first manned space mission on television from his hospital bed.

In his late years, since the 1980s, Tsien devoted himself to spirituality research, and advocated scientific investigation of traditional Chinese medicine, Qigong and "special human body functions".

小题1:The underlined word "commence" in this passage probably means ____

A.make up

B.get

C.begin

D.promise小题2:Tsien Hsue--shen got married at the age of ______

A.45

B.28

C.24

D.34小题3:What is the right order of the events related to Tsien Hsue--shen ?

a. his later life    b. return to China    c. career in the U.S.A  d. his early life and education 

A.a-b-c-d

B.d-c-b-a

C.d-b-c-a

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

A.Tsien Hsue--shen got a doctor's degree in 1939.

B.Tsien Hsue--shen married Jiang Ying, the daughter of Chinese nationalist leader Chiang Kai-shen.

C.Tsien Hsue-shen has made a contribution to the Space Shuttle.

D.Tsien Hsue-shen was interested in traditional Chinese medicine, qigong and "special human body functions" in his later life.