问题 问答题

《刑法》第270条规定:“将代为保管的他人财物非法占为己有,数额较大,拒不退还的,处二年以下有期徒刑、拘役或者罚金;数额巨大或者有其他严重情节的,处二年以上五年以下有期徒刑,并处罚金。
将他人的遗忘物或者埋藏物非法占为己有,数额较大,拒不交出的,依照前款的规定处罚。
本条罪,告诉的才处理。”
试说明:

“代为保管”的含义。

答案

参考答案:“代为保管”主要指行为人对他人财物处于一种事实上的控制状态。行为人对财物占有一般是基于财物所有人和保管人之间的委托关系而成立。有时这种保管关系也可以不因委托关系而成立,比如基于无因管理、不当得利的原因而对他人财物形成事实上的占有。

阅读理解

Reading comprehension.

                                                            Soap Update: Family Businesses

        In the popular radio drama Family Business, things aren't looking good for the Black family. They own

The Full Moon restaurant, but a new restaurant called The Angel is taking all their customers. The Full Moon

also has serious money problems and relationships between the family members are getting worse every week.

For new listeners here's our guide to the main characters in radio's most popular drama.

       Lydia Blake and her husband Clive own The Full Moon restaurant. Lydia is bright and extremely stubborn,

and she's very worried about the restaurant. She wants to borrow some money from the bank-if she can't,

The Full Moon might have to close.

      Clive Black is the chef (厨师) at the Full Moon-but being married to Lydia isn't easy. He thinks she's

impatient and inconsiderate and would like to ask her for a divorce (离婚). But if he does, what will happen

to the restaurant he loves?

      Darren is the oldest of Lydia and Clive's three children (their other son, Nick, left the programme a year

ago. Darren works as a waiter in his parents' restaurant when he's not stealing cars or staying out all night.

The most dishonest and unreliable(不可靠的) member of the family, he's the one we love to hate.

      Kathy is Darren's lovely wife and mother of three-month-old Elizabeth. Kathy is quiet, easy-going and

unselfish, but does she have a secret past?

      Eve King is the owner of The Angel restaurant, which opened in the same street as The Full Moon last

month. Eve is attractive, ambitious and single.

Answer the questions according to the passage you read

1.Is The Full Moon restaurant successful? Why?

                                                                                            

2.Do Lydia and Clive has a good relationship?

                                                                                            

3.When did Nick leave the programme? 

                                                                                            

4.Who are Elizabeth's parents?

                                                                                             

5.Where is the Angel restaurant? 

                                                                                             

单项选择题