下列哪种情形属于教唆未遂( )
A．甲唆使乙某窃取文物，乙某表示接受，但是始终没有实施任何行为
B．甲某唆使乙某毒死丙某养殖场的鸡，乙某表示接受并进行了犯罪的准备活动，但是乙某未能着手实行即被抓获知归案
C．甲某唆使乙某杀害丙某，乙某接受教唆并着手实行犯罪，还未实施犯罪由于盗窃罪被公安机关抓获而未遂
D．甲唆使乙某毒死他妻子丙，二人结婚，乙由于误将白糖当作砒霜，而没有毒死丙
参考答案：A,B,C,D
解析：AC属于被教唆人未实施教唆的犯罪，因此教唆人成立教唆未遂，但教唆人与被唆人不构成共犯。BD中被教唆人犯罪未遂，根据教唆犯的犯罪形态从属于实行犯的原理，构成犯罪未遂，教唆人与被教唆人成立共犯。
Once there was a poor little girl living near a forest.She had no family and no one to love her，so she often sad and lonely. One day, when she was walking in the forest，she found that a small was trapped unluckily in a bush.The butterfly tried to fly away failed.The kind little girl saved the butterfly with great care.Instead of flying away，the butterfly turned a beautiful fairy(仙女).The little girl was very . “Thank you for me.You are so kind.I will make any of your dreams come true，”said the fairy. The little girl thought for a moment and then said.“1 want to be !” The fairy said ,“Very well.I will help you.”And she said something in the little girl’s ear.Then the fairy disappeared. As the kind little girl grew up，she was ready to help people in need and was popular among the villagers.No one in the village was as happy as she was.Everyone asked her the of her happiness.She always smiled and ,“the secret of my happiness is that I listened to a kind when I was a little girl." When the kind girl became a very old woman and was dying，the neighbours in the all gathered(聚拢)around her bed because they were that her secret of happiness would die with her.They asked,“Please tell us what the kind fairy said.” The lovely old woman still and said，“She told me that everyone needed me，no matter how safe they seemed，no matter how rich or poor, no matter how old or . She said that helping others would make me happy all my life."
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