问题 问答题

被告人,张某,男,28岁。
被告人张某于2003年12月利用因病休假的机会,与其兄张浩合伙投资开办新兴木器厂。该厂资金大部分为张浩所投入,张某只投入部分工具和木材。在1年多的经营中,张浩分给张某人民币及家用电器等物共计人民币7万多元,张某认为分配不公,经常表示不满,兄弟二人为此发生过纠纷。2005年7月中旬,张某的所在单位要张某回厂上班,张某又为分配问题对其兄嫂不满。2005年7月22日上午8时许,张某先到木器厂,将和其兄张浩共同保管的保险箱打开,拿走其中的新兴木器厂的经营资金4万元。然后,张某趁其兄嫂家中无人之机,携带羊角锤、螺丝刀等工具,翻墙破窗进入其兄家中,撬开保险柜,盗走人民币48700余元、价值13000余元的金饰品以及一本存折。随后,张某利用假的身份证将存折中的1万元取出。作案后,张某把窃得的财物藏在家中,将作案时使用的羊角锤和螺丝刀扔给一个收废品的人。案发后经公安机关传讯,张某交代了盗窃事实,赃款赃物已全部追回,其作案时使用的铁棍、塑料编织袋等物也一并查获。

如果张浩要求司法机关不追究张某的刑事责任,你作为法官应当如何处理

答案

参考答案:根据刑法的规定,侵占罪是告诉的才处理。如果被害人张浩要求司法机关不追究张某的刑事责任,那么作为法官可以根据法律的规定,不追究张某侵占罪的刑事责任。
根据有关司法解释,偷拿自己家的财物或者近亲属的财物,一般可不按犯罪处理;对确有追究刑事责任必要的,处罚时也应与在社会上作案的有所区别。本案中,被告人张某盗窃的财物数额较大,确有追究刑事责任的必要,但是在量刑时可以就盗窃罪适当从轻处罚。同时,对于诈骗罪也可以参照盗窃罪的规定,适当从轻处罚。

选择题
阅读理解

阅读理解

     The over55s who grew up watching blackandwhite programs and films are more likely to dream in

grey, research suggests.

     And the under25s who have watched color TV all their lives tend to have colorful adventures in_the

_land_of_nod.

     Research from the first half of the 20th century, especially in the 1930s and 1950s, suggested that

most dreams are in black and white.

     But results from tests in the 1960s and later suggested that up to 80 per cent of dreams contain some

colors.

     Since this period marked the transition  (过渡) from blackandwhite films and TV to widespread

Technicolor (彩色印片法), an obvious explanation was that television was influencing dreams, but

differences  between  the  studies  prevented  the researchers from drawing any firm conclusions.

     Later studies asked subjects  (实验对象)  to complete dream diaries immediately they woke up, but  

the  earlier  research  used  questionnaires completed in the middle of the day, so the subjects might have

simply forgotten color elements in their dreams and assumed they were grey.

     To solve the problem, psychologist Eva Murzyn asked 60 subjects, half of whom were under 25 and

half over 55, to answer a questionnaire on the color of their dreams and their childhood exposure (暴露)

to films and TV.

     The subjects then recorded different aspects of their dreams in a diary every morning.

     She found there was no significant difference between results drawn from the questionnaires and the

dream diaries.

     She then analyzed data to find out whether an early exposure to blackandwhite TV or films could still

have a lasting effect on her subjects'dreams,40 years later.

     Less than five per cent of the under25s'dreams were black and white.But the over55s who had access

to blackandwhite media in their younger days reported dreaming in black and white roughly a quarter of

the time.

     Murzyn said, "There could be a critical period in our childhood when watching films has a big

influence on the way dreams are formed." People's attention might be heightened during the time they are

watching TV or films.

1. "this period" in  the fifth paragraph refers to________.

A. the 20th century  

B. the 1930s

C. the 1950s  

D. the 1960s and later

2. The underlined words "in the land of nod" in Paragraph 2 means________.

A. in the evening  

B. during travelling

C. in a dream world  

D. when they are thinking

3. Murzyn's study was different from other studies because  ________.

A. more people of different ages were involved

B. both diaries and questionnaires were used

C. more advanced technology was used

D. subjects were given more time to record their dreams

4. From the passage, we can learn that________.

A. studies on the color of dreams have been going on for many years

B. the results of the previous studies on dreams couldn't be trusted

C. older people are more likely to be influenced by TV viewing

D. the colors of TV sets are more likely to appear in viewers'dreams

5. What is the main idea of the passage?

A. The color of people's dreams changes along with their ages.

B. TV  viewing has  different  influences  on different people.

C. Childhood TV viewing may determine the color of dreams.

D. Childhood TV  viewing  may  influence  a person's later life.