问题 单项选择题

甲与乙的妻子丙之间有不正当的男女关系。丙时常向甲哭诉其在家中遭到乙的殴打,甲听后便与丙预谋将乙杀死以便共同生活。于是,甲和丙一起购买了一把菜刀,预谋先将乙灌醉再将其杀害。某日,甲依原计划携带所购买的菜刀到乙丙家中吃饭,席间将乙灌醉。稍后甲借故告辞,于楼下等候,并发短信让丙确定乙是否已经喝醉。丙此时又不忍心杀害乙,下楼告诉甲说乙并未喝醉,甲当即离去。之后丙告诉甲不要再管她与乙之间的事。后来,甲到丙家中找丙,二人在阳台亲昵时被乙看见,继而引起厮打,丙从中劝阻。甲掏出随身携带的与丙共同购买的菜刀对乙胸部和腹部连砍数刀后逃离现场,之后丙叫人将乙送医院抢救,但乙仍因流血过多而死亡。则对于丙的行为应当如何定性( )

A.不构成犯罪

B.构成故意杀人罪(既遂)

C.构成故意杀人罪(中止)

D.构成故意杀人罪(预备)

答案

参考答案:B

解析:[考点] 犯罪停止形态 本题考查的知识点是共同犯罪的犯罪中止问题。依照刑法理论,对于共同犯罪适用“部分行为全部责任”的原则,即只要认定行为人成立共同犯罪,则各行为人都需对其他行为人在其共同犯意限度内实施的犯罪行为承担责任。若共同犯罪中的行为人欲中止犯罪,在没有造成危害后果的情况下不仅自己要自动放弃犯罪,同时还要阻止其他共犯实施犯罪;在造成危害后果的情况下则不仅要自动有效防止自己的行为导致结果发生,同时还要有效防止其他共犯的行为导致结果发生。总体上来讲就是要撤出自己对于共同犯罪全部的原因力才能成立中止。在本案中尽管丙不忍心杀害乙,而对甲谎称乙并未喝醉,没有按照原计划进行,致使甲在有可能杀死乙的情况下未能得逞。并且告诉甲不要再插手她与乙之间的事情。之后在甲乙厮打时进行劝阻,、并在甲作案后对乙积极抢救,但最终并未能阻止乙的死亡结果发生。丙在共谋时施加给甲的精神影响力以及丙与甲一块购买匕首的物质影响力都在乙的死亡中发生了作用,因此不可认定丙的行为成立犯罪中止,而应认定为犯罪既遂。故答案为B。

阅读理解

阅读理解。

                                                       

     TEN-YEAR-OLD Barack Obama was one of the only three black students at his school in Hawaii, US.

He felt very different from most other students. White girls wanted to touch his hair. A white boy asked

him whether his father ate people.

     "I lied (说谎) to them thin my father was a Kenyan prince (王子). But I kept asking myself who I am,"

said Obama.

     However, 37 years later, the boy made history. Last Wednesday Obama became the first black president

in US history.

     Obama was born in 1961. to an African father and a white American woman from a small town in the

US. He grew up in Indonesia and Hawaii. This unusual background made him wonder who he was. He once

turned to wines to help forget this question.

     With the help of his friends, Obama finally turned his life around at college. His hard work made him a

star at Harvard. Later, he became only the third black senator (参议员) in US history. During his race to the

highest post in the US. Obama talked about his background. He called for a United States of America, rather

than a white America or a black America.

     "Obama's success has made Martin Luther King's dream come true. That is: A man should not be judged

(判断) by the color of his skin (皮肤), but by the content of his character," wrote ABC news.

1. Where can we find this passage?

A. In a newspaper.

B. In a novel.

C. In a history book.

D. In a poster.

2. Why did Obama feel different from most other students at school?

A. Because white girls always touched his hair.

B. Because his father looked terrible.

C. Because there were few black students like him in the school.

D. Because his parents were both Africans.

3. we can infer (推断) from the passage that _____.

A. Martin Luther King fought for his dream and he succeeded.

B. Obama has the same dream as Martin Luther King.

C. Obama was once bothered (困扰) by the question where he was born.

D. Obama became the president at the age of 37.

4. In Obama's opinion, what would "a United States of America" be like?

A. It would be a country made up of fifty states.

B. It would be ruled by the black people.

C. It would be ruled by the white people.

D. It would be a country of all Americans.

5. What is the best title of this passage?

A. A Man who Changed American History.

B. Kenyan Prince.

C. A Top Student of Harvard.

D. Who Am I?

判断题