问题 问答题


案情:2002年6月6日,某市禽蛋公司的职工与往常一样,上班后先忙着打扫卫生。公司职员王某在擦地时见财务室的保险柜未锁,会计已去水房打开水,周围也没有别人,于是便从保险柜里取出空白支票一张并加盖了印鉴放进了自己的口袋。第二天王某填好支票,来到银行以支取购货款的名义,在支票上签上了本公司采购员张某的名字,支取公司现金2万元。
问题:

如果王某窃取了本单位的盖了印鉴的空白支票后,自己不敢到银行支取现金。于是找到表兄黄某,对黄说:捡到一张转账支票,请黄到银行去把款支出来,事成之后给黄 2000元。黄某遂到银行冒充禽蛋公司采购员张某的名字,支取现金2万元。则王与黄的行为是否构成共同犯罪黄某的行为该如何定性

答案

参考答案:

解析:王某与黄某的行为应分别以单独犯罪论处。因为黄某不知道王某交给他的支票是偷来的,与王某没有形成共同盗窃的故意,而只有进行票据诈骗的故意。故而黄某的行为应定性为票据诈骗罪。 参见答案,不另重述。

阅读理解

Once there were two mice. They were friends. One mouse lived in the country; the other mouse lived in the city. After many years the Country mouse saw the City mouse; he said, "Do come and see me at my house in the country." So the City mouse went. The City mouse said, "This food is not good, and your house is not good. Why do you live in a hole in the field? You should come and live in the city. You would live in a nice house made of stone. You would have nice food to eat. You must come and see me at my house in the city."

The Country mouse went to the house of the City mouse. It was a very good house. Nice food was set ready for them to eat. But just as they began to eat they heard a great noise. The City mouse cried, "Run! Run! The cat is coming!" They ran away quickly and hid.

After some time they came out. When they came out, the Country mouse said, "I do not like living in the city. I like living in my hole in the field. For it is nicer to be poor and happy than to be rich and afraid."

小题1:The City mouse think the Country mouse’s life is not good because ______.

A.the food is not good

B.the Country mouse lives in a hole in the field

C.both the food and the house are bad

D.the house is not made of stone小题2:When the Country mouse went to the house of the City mouse, he thinks the City mouse has ______.

A.bad house and bad food

B.bad house but nice food

C.good house and nice food

D.good house but bad food小题3:From the passage, we know that ______.

A.The great noise is made by the cat

B.They are caught by the cat

C.They are not afraid of the cat

D.The City mouse lives a rich and happy life小题4: The Country mouse prefer the ______ life before.

A. poor and afraid              B. poor and happy

C. rich and afraid              B. rich and happy

小题5:Which of the following is the best title for the passage?

A.The City Mouse

B.The Country Mouse

C.The Rich and the Poor

D.The City Mouse and the Country Mouse

判断题