问题 单项选择题

卡车司机甲在行车途中,被一吉普车超过,甲顿生不快,便加速超过该车。不一会儿,该车又超过了甲,甲又加速超过该车。当该车再一次试图超车行至甲车左侧时,甲对坐在副座的乙说,“我要吓他一下,看他还敢超我。”随即将方向盘向左边一打,吉普车为躲避碰撞而翻下路基,司机重伤,另有一人死亡。甲驾车逃离。甲的行为构成:( )

A.故意杀人罪
B.交通肇事罪
C.破坏交通工具罪
D.故意杀人罪和故意伤害罪的想象竞合犯

答案

参考答案:B

解析: 间接故意和过于自信的过失区别的关键在于意志因素,这也正是本题题眼所在。我们可以从主客观两方面来分析本题:(1)犯罪结果一死一伤;(2)客观方面是向左打方向盘;(3)主观方面“我要吓他一下”。首先,甲没有破坏交通工具的想法,所以不构成破坏交通工具罪,C错;其次,甲的行为违反了交通管理法规,其行为手段也符合交通肇事罪的行为特征,B正确;再次,虽然甲主观上并没有杀人意图,但是,对犯罪结果,甲还是应当预见的;最后,甲虽然已经预见到其行为的危险性,但仅凭此还不能证明其主观上具有放任危害结果发生的心理态度,其主观上更符合过于自信过失的特征。所以不构成故意杀人罪。综合判断,本题只能选B。

阅读理解

MUMBAI, India —The children in their party clothes on the stage were very excited when they received the award. And the two of them said, "It’s unbelievable!"

Nine-year-old, Rubina Ali, and Azharuddin Ismail, 10, were living a very different life and obviously loving every minute of it. The two, some of the child stars of the Oscar-winning Slum dog Millionaire(《贫民窟的百万富翁》)movie, know the Indian slums very well. That was where they grew up, and it is where they will return at the end of their Hollywood dream trip.

But before going back home, there was an interview with the host, Ryan Seacrest. During the interview they smiled and repeated their disbelief in what was happening to them. To their surprise, their movie won first place in the Oscars. When the two received the award, it was late morning in the children’s home city of Mumbai, where family, friends and many fellow residents of the slums watched the result from Hollywood.

"I don’t really know what the Oscars are," Rubina’s mother said. "I’m just glad my daughter looks happy, though she told me she missed Indian food."

"Our children lead a dog’s life," Rubina’s mother said, pointing out the rubbish everywhere, the open drains (下水道) and the lack of education opportunities.

In a few days they will be back in Mumbai and back in the slums which are their home. Fortunately, according to media reports, the movie’s director, Danny Boyle, has promised to help the children chosen from the slum and make sure they will go to a proper school.

The two don’t need to worry about their daily lives because of the Oscar success of Slum dog Millionaire. But the poverty and lack of opportunity —the central theme of the movie—is always all around.

小题1:Which of the following is NOT true about the two children?

A.They were the only two child stars in the movie, Slum dog Millionaire.

B.They had been having a difficult life in India.

C.They were interviewed before they went back home.

D.They were both excited about receiving the award.小题2:What can we infer from the text?

A.The two children have played in other movies before.

B.Rubina may not get used to the American food.

C.Rinoms’s mother also went to the Hollywood.

D.They will travel to other countries before returning home.小题3:What will happen to the two children after they return to India?

A.They will go back to the miserable life.

B.They will play in movies as famous actors.

C.They will have a better education.

D.They will leave school to learn acting.小题4:According to the author, the value of the movie is that ________.

A.it has been given an Oscar Award

B.it has made the two children famous

C.its central theme has become known to the public

D.it has become popular all over the world

问答题 简答题