问题 不定项选择

甲、乙二人系某厂锅炉工。一天,甲的朋友多次打电话催其赴约,但离交班时间还有15分钟。甲心想,乙一直以来都是提前15分钟左右来接班,今天也快来了。于是,在乙到来之前,甲就离开了岗位。恰巧乙这天也有要事。乙心想,平时都是我去后甲才离开,今天迟去15分钟左右,甲不会有什么意见的。于是,乙过了正常交接班时间15分钟左右才赶到岗位。结果,由于无人看管,致使锅炉发生爆炸,损失惨重。甲、乙的行为:

A.属共同犯罪

B.属共同过失犯罪

C.各自构成故意犯罪

D.应按照甲、乙所犯的罪分别处罚

答案

参考答案:B,D

解析:根据《刑法》第25条的规定:“共同犯罪是指二人以上共同故意犯罪。”因此共同犯罪首先要求必须要有共同的犯罪故意,即各共犯人均具有相同的犯罪故意,而且各共犯人之间具有意思联络。本题中甲、乙并没有事先的意思联络,所以不构成共同犯罪,A项不正确。 《刑法》第14条规定:“明知自己的行为会发生危害社会的结果,并且希望或者放任这种结果发生,因而构成犯罪的,是故意犯罪。”但本题中甲和乙在主观方面实际都不希望发生危害后果,因此不属于故意犯罪,而是过失犯罪,所以C项不正确。 《刑法》第25条第2款规定:“二人以上共同过失犯罪,不以共同犯罪沦处;应当负刑事责任的,按照他们所犯的罪分别处罚。”所以BD是正确的。但应当注意第25条中所称的“共同过失犯罪”并不是共同犯罪的一种,因为共同犯罪只能是共同的故意犯罪,这一点必须正确把握。

多项选择题 案例分析题
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Spring is coming, and it is time for those about to graduate to look for jobs. Competition is tough, so job seekers must carefully consider their personal choices. Whatever we are wearing,our family and friends may accept us, but the workplace may not.

A high school newspaper editor said it is unfair for companies to discourage visible tattoos (纹身)nose rings, or certain dress styles. It is true you can’t judge a book by its cover, yet people do “cover” themselves in order to convey (传递)certain messages. What we wear, including tattoos and nose rings, is an expression of who we are. Just as people convey messages about themselves with their appearances, so do companies. Dress standards exist in the business world for a number of reasons, but the main concern is often about what customers accept.

Others may say how to dress is a matter of personal freedom, but for businesses it is more about whether to make or lose money. Most employers do care about the personal appearances of their employees (雇员),because those people represent the companies to their customers.

As a hiring manager I am paid to choose the people who would make the best impression on our customers. There are plenty of well-qualified candidates, so it is not wrong to reject someone who might disappoint my customers. Even though I am open-minded, I can’t expect all our customers are.

There is nobody to blame but yourself if your set of choices does not match that of your preferred employer. No company should have to change to satisfy a candidate simply because he or she is unwilling to respect its standards, as long as its standards are legal.

小题1:Which of the following is the newspaper editor’ opinion according to Paragraph 2?

A.People’s appearances carry messages about themselves.

B.Customers’ choices influence dress standards in companies.

C.Candidates with tattoos or nose rings should be fairly treated.

D.Strange dress styles should not be encouraged in the workplace.小题2:What can be inferred from the text?

A.Candidates have to wear what companies prefer for an interview.

B.What to wear is not a matter of personal choice for companies.

C.Companies sometimes have to change to respect their candidates.

D.Hiring managers make the best impression on their candidates.小题3:Which of the following would be the best title for the text?

A.Employees Matter

B.Personal Choices Matter

C.Appearances Matter

D.Hiring Managers Matter小题4:The author’s attitude towards strange dress styles in the workplace may best be described as        .

A. enthusiastic     B. negative      C positive    D. sympathetic