问题 单项选择题

无业青年李某(23岁)与15岁的初中学生王某在网吧相识,李某指使王某乘网吧主人不在时,将一台电脑偷走卖与他人。买后所得的5000元钱二人平分,各得2500元。下列选项中对李某行为认定正确的是:

A.成立教唆犯罪

B.盗窃罪的间接正犯

C.与王某成立共同犯罪

D.成立传授犯罪方法罪

答案

参考答案:B

解析:理由:本题考查教唆犯的成立条件。  教唆犯所教唆的对象必须是达到刑事责任年龄、具有刑事责任能力的人。根据《刑法》第 17条第2款的规定,已满14周岁不满16周岁的人只对故意杀人、故意伤害致人重伤或者死亡、强 * * 、抢劫、贩卖毒品、放火、爆炸、投毒罪负刑事责任,本案中的王某未满16周岁,对盗窃罪不承担刑事责任,也就不能成为教唆犯的对象。因此李某不成立教唆犯,也不与王某成立共同犯罪,而是成立盗窃罪的间接正犯,独立承担相应的刑事责任。  传授犯罪方法罪客观方面表现为使用各种手段将犯罪方法传授与他人,被传授的对象没有限定,而且是独立的罪名,有独立的法定刑,与教唆犯罪有很大区别。

默写题
阅读理解

B

Crashing a state dinner at the White House without any invitation apparently takes a security breakdown as well as some kind of courage.

The Washington Post first reported that a couple, Tareq and Michaele Salahi, not on the official guest list, managed to slip into the state dinner at the White House on Nov. 24, 2009. The dinner was held to honor Indian Prime Minister Manmohan Singh. According to the Post, the uninvited guests had stayed in the same place with the Obamas and other important figures.

The U. S. Secret Service learned about the security breach (破坏) on Wednesday only after the couple boasted online about having attended the state dinner. One of the many photos from the dinner posted on her blog shows the couple with the smiling Vice President Joe Biden.

The White House has asked the Secret Service for a full review of what happened. “ The Secret Service is looking into its security procedures after determining that. ” Secret Service spokesman Ed Donovan said. “ An initial (初步的) finding has identified that one of our checkpoints did not follow proper procedures to ensure that the two individuals were on the invited guests list,” Donovan said. But he also said President Obama was never in any danger as well as the others at the dinner, because all the party attenders went through the security screening for weapons as there were more than three hundred people invited. “ But we do not rely on just magnetometers (检测仪) or the level of screenings, ” he added. “ That’s why we have the guards with our protectees at all times ”.

The following are more reactions to this incident:

* One senator thought authorities ought to pursue criminal charges against the couple and such behavior should be strongly discouraged.

* “ There is no need of legal help for the couple, as they just went to a party. They didn’t do anything wrong,” a lawyer expressed his opinion on this eye-catching security breach.

* Evan Botny, a current affair commentator, on Sunday said his concern was about the long-term effect on U.S. security, so it should be regarded more than a laughing matter.

* Meanwhile, a TV executive added that the couple’s attempt might be focused on money, as they

were offering interviews to networks on their experience.

45. The U. S. Secret Service got to know the incident because of _______.

A. the news from the Washington Post            

B. the announcement of some important figures

C. the couple’s boasting on the internet         

D. the report of the Secret Service spokesman

46. In paragraph 4, the spokesman thinks _______.

A. the security procedures are very efficient                     

B. such incidents could be very easily avoided   

C. the secret service needn’t be improved at all

D. the incident came as a surprise with no harm

47. According to the passage, the couple did so in order to _______.

A. enjoy a state dinner                  B. take some photos

C. become famous                     D. visit the White House

48. From the reactions, who believes the Secret Service rather than the couple is to blame?

A. A senator                                  B. A news commentator

C. A lawyer                                  D. A TV executive