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:根据《刑法》第417条规定的帮助犯罪分子逃避处罚罪与窝藏、包庇罪的区别主要在于主体不同。窝藏、包庇罪并不要求是特殊主体,而本罪要求是特殊主体。此外,这两个罪的客观方面也不相同。本罪的客观方面是向犯罪分子通风报信、提供便利,帮助犯罪分子逃避处罚;而窝藏、包庇罪的客观方面是为犯罪的人提供隐藏处所、财物,帮助其逃匿或者作假证明包庇。本罪与徇私枉法罪的主要区别在于,徇私枉法罪是发生在刑事诉讼过程中的司法工作人员的渎职行为,本罪与之有较大不同。因此,根据本案的情况,包某应构成帮助犯罪分子逃避处罚罪。

单项选择题
阅读理解

I had this exchange with my 6-year-old last week.

Him: Mom, we have to start buying Danimals.

Me: Why?

Him: So, I can bring it to |school for lunch.It's yogurt .

Me: Why do you want it so badly?

Him: Because Danimals i|s giving away five fantastic Caribbean vacations.

I had to explain that there was little chance that he would win a vacation.It's a strategy used to encourage kids to beg for artificially-colored (人工着色的) yogurt that costs a lot.

Marketing follows my kids —and yours—wherever they go .It comes via TV commercials. Store displays and websites are also constantly selling at our kids .But the most powerful means in kids" lives is the presence of licensed characters on every product imaginable.

Children can begin their day in character clothing.There's even character -themed wall paint available.A breakfast in a character bowl can be followed by a character toothbrush and character toothpaste(牙膏), character soap and shampoo, and a character wash cloth and towel .Then, they can put on character clothing and character shoes.Check that, character clock on the wall: Is it time for characier-shaped fruit snacks yet?

Surround kids with enough of the characters and they'll come to believe they need them.Most of us, of course, don't buy all those items.But say no to four products out of five and your home can still get filled with these tiny items encouraging brand loyalty (品牌忠诚)

At this time of year, parents buy licensed school supplies.With so much marketing around us, it can be tough to stop the tide.

"One thing that helps parents'is that they can talk to other parents about, this kind of thing," Linn suggested ."If you decide you want to buck this, it helps to find other people who will do the same thing .That way, if your child says."Everyone's doing it," you can really have a sense of whether everyone is." |

小题1:From the dialogue between the author and the son, we can infer that ____-

A.the son likes drinking yogurt a lot.

B.buying Danimals may win a free tour

C.the son's school encourages kids to eat yogurt

D.Danimals in the most popular yogurt among kids.小题2:We can learn from th^ passage that     '

A.character bowls increase kids' appetite.

B.character-themed wall paint is expensive

C.household goods are becoming the target of advertisers.

D.Linn considered character-themed products a foolish marketing strategy.小题3:The underlined word "buck" in the last paragraph probably means _____.

A.support

B.resist

C.advertise

D.learn小题4:What does the passage mainly tell us ? .

A.Marketing is affecting kids all the time.

B.Most kids now don't have a happy childhood,

C.Kids like buying licensed school supplies a lot.

D.Licensed character produce are doing great harm to kids.