问题 单项选择题

贾某在抢劫于某的过程中见于某拼命反抗,用刀猛刺了于某一刀,于某大声呼救,贾某怕罪行暴露,遂弃刀逃跑。于某被刺成重伤。贾某的行为构成:

A.故意伤害罪既遂

B.故意杀人罪未遂

C.抢劫罪未遂

D.抢劫罪既遂

答案

参考答案:C

解析: 本题考点是抢劫罪。《刑法》第263条规定,以暴力、胁迫或者其他方法抢劫公私财物的,处3年以上10年以下有期徒刑,并处罚金;有下列情形之一的,处10年以上有期徒刑、无期徒刑或者死刑,并处罚金或者没收财产:(1)人户抢劫的;(2)在公共交通工具上抢劫的;(3)抢劫银行或者其他金融机构的;(4)多次抢劫或者抢劫数额巨大的;(5)抢劫致人重伤、死亡的;(6)冒充军警人员抢劫的;(7)持枪抢劫的;(8)抢劫军用物资或者抢险、救灾、救济物资的。这8项是抢劫罪的加重情形。抢劫罪的既遂是以暴力、胁迫或者其他方法非法控制了财物的所有权。本案中,贾某为劫取财物,实施了严重的暴力行为,致被害人于某受重伤,符合抢劫罪的加重构成,而不是构成故意伤害罪。但贾某因害怕罪行暴露而放弃继续劫取财物,其行为构成抢劫罪的未遂,故本题答案是C。

单项选择题

With the spread of inter-active electronic media a man alone in his own home will never have been so well placed to fill the inexplicable mental space between cradle and crematorium. So I suspect that books will be pushed more and more into those moments of travel or difficult defecation (1) people still don’t quite know what to do with.

When people do read, I think they’ll want to feel they are reading literature, or (2) something serious. (3) you’re going to find fewer books presenting themselves as no- nonsense and (4) assuming literary pretensions and being packaged as works of art. We can expect an extraordinary variety of genre, but with an underlying (5) of sentiment and vision.

Translators can only (6) from this desire for the presumably sophisticated. We can look forward to lots of difficult names and fantastic stories of foreign parts enthusiastically (7) by the overall worship of the "global village" Much of this will be awful and some wonderful, (8) don’t expect the press or the organizers of prizes to offer you much help in making the appropriate distinctions. They will be chiefly (9) in creating celebrity, the greatest enemy of discrimination, but a good prop for the (10) consumer.

Every ethnic grouping over the world will have to be seen to have a great writer--a phenomenon that will (11) a new kind of provincialism, more chronological than geographic, (12) only the strictly contemporary is talked about and (13) . Universities, including Cambridge, will include (14) their literature syllabus novels written only last year. (15) occasional exhumation for the Nobel, the achievements of ten or only five years ago will be largely forgotten.

In short, you can’t go too far wrong when predicting more of the same. But there is a (16) side to this--the inevitable reaction against it. The practical things I would like to see happen--publishers seeking less to (17) celebrity through extravagant advertising, (18) and magazines (19) space to reflective pieces--are rather more improbable than the Second Coming (耶稣复临). But dullness never quite darkens the whole planet. In their own idiosyncratic fashion a few writers will (20) be looking for new departures.

16()

A.negative

B.positive

C.paradoxical

D.controversial

名词解释