问题 不定项选择

某日晚8时许,被告人李某携刺刀一把、提袋和塑料袋各一个,与同村村民伍某一起到某村生产队的西瓜地里偷瓜。看瓜者陈某听到西瓜地里有响动,便问"哪一个"。伍某随即拿起一个西瓜向陈某砸过去,然后转身就跑,陈某随后紧追。此时李某也想乘机逃跑。陈某没有追上伍某,随即返回追赶李某,抓住李某后赶紧向另外的看瓜人求救,李某见逃不掉,即掏出刺刀朝陈某猛刺一刀,陈某被刺后仍紧紧抱住李某不放,此时,闻声赶来的其他看瓜人将李某抓获。陈某因伤势过重,在送往医院的途中死亡。伍某的行为应当如何定性

A.构成盗窃罪

B.构成盗窃罪,并且属于盗窃罪的犯罪未遂

C.不构成犯罪

D.构成盗窃罪,并且属于盗窃罪的犯罪中止

答案

参考答案:C

解析:本题考查对盗窃罪的定罪问题。   本题中,伍某的行为属于一般的盗窃未遂行为,根据有关司法解释,盗窃未遂,只有在情节严重,如以数额巨大的财物或者国家珍贵文物为盗窃目标的,才定罪量刑,所以本案中伍某的行为显然没有达到"情节严重"的程度,情节轻微,因而不构成盗窃罪。

阅读理解

When he wrote The Adventures of Tom Sawyer and The Adventures of Huckleberry Finn, Mark Twain turned to Hannibal. The relationship between Hannibal and Twain began in November 1839, when Twain’s father decided to leave the village in Florida and move east about 35 miles to the somewhat larger and more prosperous Hannibal, on the banks of the Mississippi River. Twain marked his fourth birthday about a week after the family settled there. He showed little promise of becoming a long-term resident. However, because his health was so poor that his parents probably feared he would not survive childhood.

During the family’s first few years in Hannibal, Twain was too young to understand fully the changes going on around him. About the time the family moved into their new home. Twain’s health improved a lot. Instead of having to lead a quiet indoor life, he could roam the streets of Hannibal. Climb the surrounding hills, explore the area’s caves and splash about in local swimming holes. He reveled in his newfound freedom, spending nearly all his free time playing outdoors with the other boys in town and soon becoming a leader.

Twain’s carefree days did not last long, on March 24, 1847, his father died. For the next six years, his brother Henry, and his sister Pamela lived with their mother in the family home. Twain began taking odd jobs after school to bring in extra money. Within a year of his father’s death, he quit school and became an apprentice (学徒) printer, and when his brother Orion bought the Hannibal Journal in 1851, Twain went to work for him as a printer and editorial assistant. The stories he wrote for Orion’s paper, his first publications, taught him that he much preferred writing to typesetting. Thus, when he decided to leave Hannibal in May 1853, he already had an idea of his future career.

小题1: Why did little Mark Twain move and live in Hannibal?

A.Because he wanted to live in a larger and more prosperous city.

B.Because his father brought him there.

C.Because he wanted to wrote his novels there.

D.Because he wanted to become a long-term resident of Hannibal.小题2: When did Mark Twain become healthy?

A.As soon as he arrived in Hannibal.

B.At the time when his family moved into their old home.

C.After his father died.

D.At the time when his family moved into their new home.小题3: The last paragraph mainly tells us _________.

A.the happy childhood of Mark Twain

B.how Mark Twain became a famous writer

C.how Mark Twain to earn money to support his family

D.why Mark decided to leave Hannibal

单项选择题