问题 不定项选择

已婚的蒙某系某厂业务员。1999年在联系业务时与服务员刘某互有好感。蒙某谎称自己未婚,于2000年7月利用空白介绍信填写虚假内容与刘某(不知蒙某已结婚)登记结婚。后来蒙某之妻潘某有所觉察,多次询问均被蒙某否认。蒙某恐夜长梦多,即生害妻之心。2002年6月某天,潘某之友秦某送给她两瓶雀巢咖啡,潘某每晚必冲饮一杯,遇客来访,潘某亦以咖啡待客。秦某知潘某如此喜爱咖啡,又送其两瓶,蒙某即在又送来的两瓶咖啡中放了氰化物,欲毒死妻子。2004年1月20日,潘某的父母从外地来探望女儿一家。潘某在饭后即冲了两杯咖啡,让父母饮用,造成其父母死亡。   蒙某触犯的罪名包括:

A.重婚罪

B.伪造证件罪

C.故意杀人罪

D.投毒罪

答案

参考答案:A,C

解析:本题考查重婚罪和故意杀人罪的认定。   根据我国《刑法》第258条之规定,重婚罪是有配偶而重婚或者明知他人有配偶而与之结婚的行为。行为人蒙某已婚而故意骗他人和自己结婚,其行为已经构成重婚罪;根据《刑法》第 232条之规定,故意杀人罪是故意剥夺他人生命的行为。行为人蒙某意图用毒药杀死自己的妻子,而在妻子常饮用和用来待客的咖啡中下毒,追求其妻死亡的结果和放任可能导致他人死亡的危害结果,最后导致其妻的父母饮用有毒的咖啡死亡,其行为已经构成故意杀人罪。因此,本题中蒙某的行为依照我国刑法的规定,应该分别构成重婚罪和故意杀人罪。

选择题
问答题

A hundred years ago it was assumed and scientifically" proved" by economists that the laws of society made it necessary to have a vast army of poor and jobless people in order to keep the economy going. (46) Today, hardly anybody would dare to voice this principle. It is generally accepted that nobody should be excluded from the wealth of the nation, either by the laws of nature or by those of society. The opinions, which were current a hundred years ago, that the poor owed their conditions to their ignorance, lack of responsibility, are outdated. In all Western industrialized countries, a system of insurance has been introduced which guarantees everyone a minimum of subsistence (生活维持费) in case of unemployment, sickness and old age. I would go one step further and argue that, even if these conditions are not present, everyone has the right to receive the means to subsist(维持生活), in other words, he can claim this subsistence minimum without having to have any" reason". (47) I would suggest, however, that it should be limited to a definite period of time. let’s say two years, so as to avoid the encouraging of an abnormal attitude which refuses any kind of social obligation.

This may sound like a fantastic proposal, but so, I think our insurance system would have sounded to people a hundred years ago. The main objection to such a scheme would be that if each person were entitled to receive minimum support, people would not work. (48) This assumption rests on the fallacy of the inherent laziness in human nature ; actually, aside from abnormally lazy people, there would be very few who would not want to earn more than the minimum, and who would prefer to do nothing rather than work.

(49)However, the suspicions against a system of guaranteed subsistence minimum are not groundless from the standpoint of those who want to use ownership of capital for the purpose of forcing others to accept the work conditions they offer. If nobody were forced to accept work in order not to starve, work would have to be sufficiently interesting and attractive to induce one to accept it. (50) Freedom of contract is possible only if both parties are free to accept and reject it ; in the present capitalist system this is not the case.

But such a system would not only be the beginning of real freedom of contract between employers and employees; its principal advantage would be the improvement of freedom in interpersonal relationships in every sphere of daily life.

(46) Today, hardly anybody would dare to voice this principle. It is generally accepted that nobody should be excluded from the wealth of the nation, either by the laws of nature or by those of society.