问题 问答题

第二题:案件审理(18分)某县烟草专卖局接到群众举报,县城甲零售户出售假烟,遂指派执法人员A、B前往调查。两名执法人员佩戴徽章出示了检查证件,表明了身份。后在甲的经营场所内查获假烟35条,取得销售账册1册,并采取了先行登记保存措施。A、B现场制作了检查笔录,对甲进行了询问,甲供述本次共购进35条,准备销售但尚未售出。询问笔录没有经甲阅读和确认签字。执法人员对检查过程进行了录像,为增强录像的证明力,对甲的辩解及其他不利于执法人员的部分进行了删减。案件审理过程中,执法人员从甲记录的销售账册发现,甲共购进了40条,已经售出5条,遂对甲进行了教育,并就进货数量再次对其进行询问,甲承认因害怕被处罚未如实陈述,实际购进了40条,已经售出了5条。办案人员认为,对甲第二次询问制作的笔录能与其他证据相互印证,第一次询问笔录予以舍弃,不作为定案的依据。请根据材料回答下列问题:

如果在后续调查中,查出甲所购假烟来自于上线乙,且乙已向甲、丙、丁3人销售假烟已达6万元,有甲、丙、丁的询问笔录和银行往来账及鉴定报告等证据证明属实。乙是否构成犯罪?涉及哪些罪名?(4分)

答案

参考答案:构成犯罪(1分),涉及非法经营罪(1分)、生产、销售伪劣产品罪(1分)、销售假冒注册商标的商品罪(1分)。

阅读理解

Cold weather has a great effect on how our minds and our bodies work. Maybe that is why there are so many expressions that use the word “cold”. For centuries, the body’s blood has been linked closely with the emotions. People who show no human emotions or feelings, for example, are said to be cold-blooded. Cold-blooded people act in merciless ways. They may do brutal things to others, and not by accident. For example, a newspaper says the police are searching for a cold-blooded killer. The killer murdered someone, not in self-defense. He seemed to kill for no reason, and with no emotion, as if taking someone’s life meant nothing.

Cold can affect other parts of the body, the feet, for example. Heavy socks can you’re your feet, if your feet are really cold. But there is an expression—to get cold feet—that has nothing to do with cold or your feet.

The expression means being afraid to do something you have decided to do. For example, you agree to be president of an organization. But then you learn that all the other officers have resigned. All the work of the organization will be your responsibility. You are likely to get cold feet about being the president when you understand the situation.

Cold can also affect your shoulder. You give someone the cold shoulder when you refuse to speak to them. You treat them in a distant and cold way. The expression probably comes from the physical act of turning your back toward someone, instead of speaking to him face-to-face. You may give a cold shoulder to a friend who has not kept a promise he made to you, or to someone who has lied about you to others.

A cold fish is not a fish. It is a person. But it is a person who is unfriendly, unemotional and shows no love or warmth. A cold fish does not offer much of himself to anyone.

Out in the cold is an expression often heard. It means not getting something that everybody else got. A person might say that everybody but him got a pay raise, and that he was left out in the cold. And it is not a pleasant place to be.

小题1:The passage is intended to tell us that ______ .

A.cold weather has a great effect on human bodies

B.many English expressions contain the word “cold”

C.cold is a word closely linked with human emotions

D.the word “cold” has many different meanings in English小题2:The underlined word “brutal” in Paragraph 1 most probably means “______”.

A.impolite

B.illegal

C.cruel

D.extreme小题3:Which of the following expressions can best describe a person who is unwilling to offer anything to others?

A.Cold-blooded.

B.To get cold feet.

C.A cold shoulder.

D.A cold fish.小题4:You can say Tom ______ if the teacher gives all the boys except him a pen as a prize.

A.is given the cold shoulder

B.is left out in the cold

C.has got cold feet

D.is murdered by a cold-blooded killer小题5:We can draw a conclusion from the passage that ______ .

A.all the expressions containing the word “cold” have a negative meaning

B.all the expressions containing the word “cold” have something to do with cold

C.people who show no human emotions or feelings have cold blood

D.many parts of the human body can be badly affected by cold

单项选择题