问题 单项选择题

下列与不作为犯罪相关的表述,哪一选项是正确的( )

A.甲警察接到报案:有歹徒正在杀害其妻。甲立即前往现场,但只是站在现场观看,没有采取任何措施。此时,县卫生局副局长刘某路过现场,也未救助被害妇女。结果,歹徒杀害了该女子。甲和刘某都是国家机关工作人员,都没有履行救助义务,均应成立渎职罪
B.甲非常讨厌其侄子乙(6岁)。某日,甲携乙外出时,张三酒后驾车撞伤了乙并迅速逃逸。乙躺在血泊中。甲心想,反正事故不是自己造成的,于是离开了现场。乙因得不到救助而死亡。由于张三负有救助义务,所以甲不构成不作为犯罪
C.甲下班回家后,发现自家门前放着一包来历不明、类似面粉的东西。甲第二天上班时拿到实验室化验,发现是海洛因,于是立即倒入厕所马桶冲入下水道。甲虽然没有将毒品上交公安部门,但不构成非法持有毒品罪
D.《消防法》规定,任何人发现火灾都必须立即报警。过路人甲发现火灾后没有及时报警,导致火灾蔓延。甲的行为成立不作为的放火罪

答案

参考答案:C

解析: 不作为是指在能够履行自己应尽义务的情况下,不履行该义务。成立不作为犯罪必须具备以下客观要件:(1)行为人具有某种特定的义务。义务的来源通常包括:①法律明文规定的义务;②职务或业务上要求的义务:③法律地位或者法律行为引起的义务;④先行行为造成的。(2)行为人能够履行特定义务。(3)行为人不履行特定义务。据此A项中县卫生局副局长刘某虽身为国家机关工作人员但对阻止犯罪行为并不具有法律或职务上的义务,不成立犯罪。同理D项中路人也不构成不作为犯罪。B中甲携6岁的侄子乙外出,由于这一先行行为。甲对乙便负有救助的义务。甲构成不作为。故ABD三项表述均有误。

写作题
阅读理解

阅读理解。

     I heard many parents complaining that their teenage children are rebelling. I wish it were so. At your age

you ought to be growing away from your parents. You should be learning to stand on your own two feet.

But take a good look at the present rebellion. It seems that teenagers are taking the same way of showing that

they disagree with their parents. Instead of striking out boldly on their own, most of them are clutching (紧

握) at one another's hands for reassurance.

     They claim they want to dress as they please. But they all wear the same clothes. They set off in new

directions in music. But somehow they all end up huddled (聚在一起) round listening to the same record.

Their reason for thinking or acting in thus-and-such a way is that the crowd is doing it. They have come

out of their cocoon (蚕茧) into a larger cocoon.

     It has become harder and harder for a teenager to stand up against the popularity wave and to go his or

her own way. Industry has firmly carved out a teenage market. These days every teenager can learn from

the advertisements what a teenager should have and be. And many of today's parents have come to award

high marks for the popularity of their children. All this adds up to a great barrier for the teenager who wants

to find his or her own path.

    But the barrier is worth climbing over. The path is worth following. You may want to listen to classical

music instead of going to a party. You may want to collect rocks when everyone else is collecting records.

You may have some thoughts that you don't care to share at once with your classmates. Well, go to it.

Find yourself. Be yourself. Popularity will come-with the people who respect you for who you are. That

is the only kind of popularity that really counts.

1. In this passage, the author wants to tell ____.

A. readers to try to be popular with people around

B. teenagers to try to pursue their real selves

C. parents to try to control and guide their children

D. people to try to understand and respect each other

2. The author disapproves of rebelling teenagers ____.

A. growing away from their parents

B. turning to their friends for help

C. walking a new way on their own

D. following the popularity trend

3. The phrase "a larger cocoon" in the second paragraph refers to ____.

A. the distractive and variable society

B. the popularity wave in the society

C. the parental care and love

D. the dazzling music world

4. What does the author think of advertisements?

A. Convincing.

B. Instructive.

C. Influential.

D. Authoritative.

5. According to the author, what might happen when a teenager stands up against the popularity wave

    and follows his/her own path?

A. He/She gains valuable popularity.

B. He/She loses good friends.

C. He/She faces all kinds of criticism.

D. He/She falls behind the time.