问题 多项选择题


每题所设选项中至少有一个正确答案。

陈某是某国有银行支行储蓄专柜信用卡经办员,负责信用卡存现、取现、转账、账务管理、现金管理及存入保证金等。2008年1月,薛某想炒股票,但苦于手头现金不多,便到陈某家央求其从银行弄点钱出来,并当场送给陈某5000元现金。陈某问薛某要钱做什么,薛某如实告知。于是陈某采用收款不入帐的手段,先后多次将其保管的库存现金人民币178.5万元及信用卡保证金人民币7.5万元挪出,供薛某个人使用。2008年 3月案发,后追缴陈某赃款、赃物共计价值人民币15万余元,追缴薛某的赃款、赃物共计价值人民币29万余元,尚有人民币140万余元不能归还。
根据以上案情,请回答95-97题:

经查,薛某曾于1995年因故意伤害罪被判有期徒刑10年,2005年刑满释放。则以下说法中正确的是:( )

A.薛某构成累犯

B.薛某不构成累犯

C.对薛某可以假释

D.对薛某不得假释

答案

参考答案:A,D

解析:[考点] 累犯;假释 《最高人民法院关于适用刑法时间效力规定若干问题的解释》第三条规定:“前罪判处的刑罚已经执行完毕或者赦免,在1997年9月 30日以前又犯应当判处有期徒刑以上刑罚之罪,是否构成累犯,适用修订前的刑法第六十一条的规定;1997年10月1日以后又犯应当判处有期徒刑以上刑罚之罪的,是否构成累犯,适用刑法第六十五条的规定。”因此本案中判断是否构成累犯应依据新刑法的规定。1995年薛某犯的是故意犯罪,被判处3年有期徒刑;1998刑满释放后不满5年,于2001年又犯应当判处有期徒刑以上刑罚的挪用公款罪,符合累犯的特征。薛某构成累犯。因而A正确,B错误。另外,依照刑法的规定,对于累犯不得假释。故C错误,D正确。

阅读理解

阅读理解

     Both my parents came from towns in Mexico.Then I was born in El Paso,  Texas,  and when I was

four,  my family moved to a housing project in East Los Angeles.

     Even though we struggled to make ends meet,  my parents stressed to me and my four brothers and

sisters how fortunate we were to live in a great country with limitless opportunities.They influenced us

with the concepts of family,  faith and nationalism.

     I got my first real job when I was ten.My dad injured his back working in a cardboardbox factory

and was retrained as a hairstylist.He rented space in a little shopping mall and gave his shop the fancy

name of Mr Ben's Coiffure.

     The owner of the shopping center gave Dad a discount on his rent for cleaning the parking lot three

nights a week,  which meant getting up at 3 a. m..To pick up rubbish,  Dad used a little machine that

looked like a lawn mower.Mom and I emptied garbage cans and picked up litter by hand.It took two

to three hours to clean the lot.I'd sleep in the car on the way home.

     I did this for two years,  but the lessons I learned have lasted a lifetime.I acquired discipline and a

strong work ethic (道德),  and learned at an early age the importance of balancing life's competing

interests-in my case,  school,  homework and a job.This really helped during my senior year of a high

school,  when I worked 40 hours a week flipping burgers at a fastfood joint while taking a full load of

college preparation courses.

     The hard work paid off.I attended the US Military Academy and went on to receive graduate

degrees in law and business from Harvard.Later,  I joined a big Los Angeles law firm and was elected

to the California State Assembly (州议会). In these jobs and in everything else I've done,  I have never

forgotten those nights in the parking lot.The experience taught me that there is dignity in all work and that

if people are working to provide for themselves and their families that is something we should honor.

1. Before my father got injured,  we________.

A. didn't like living in the USA

B. lived a poor but happy life

C. were lucky to move to the USA

D. had many ways to make money

2. When he recovered,  to make a living my father________.

A. ran a small shopping mall

B. did a parttime job

C. worked as a barber

D. became a street cleaner

3. Working in the parking lot for two years had taught me________.

A. how to obey school discipline

B. how to do two things well at a time

C. that discipline and work were of equal value

D. that I must do as many things as possible at a time

4. The author tells us in the last paragraph that we should be proud of those who________.

A. have done all kinds of jobs

B. are cleaning the parking lot

C. have achieved a lot in their lives

D. are bearing their responsibilities

单项选择题