问题 单项选择题

关于共犯,下列哪一选项是正确的

A.为他人组织卖淫提供帮助的,以组织卖淫罪的帮助犯论处

B.以出卖为目的,为拐卖妇女的犯罪分子接送、中转被拐卖的妇女的,以拐卖妇女罪的帮助犯论处

C.应走私罪犯的要求,为其提供资金、账号的,以走私罪的共犯论处

D.为他人偷越国(边)境提供伪造的护照的,以偷越国(边)境罪的共犯论处

答案

参考答案:C

解析:共同犯罪 共同犯罪是指二人以上共同故意犯罪。共同犯罪的成立条件是:(1)必须有二人以上;(2)必须有共同故意;(3)必须有共同行为。 为他人组织卖淫提供帮助的,不能以组织卖淫罪的共犯定罪处罚,刑法已经将这种共犯行为规定为独立的犯罪,应当以协助组织卖淫罪定罪处罚,故A项错误;以出卖为目的,为拐卖妇女的犯罪分子接送、中转被拐卖妇女的,以拐卖妇女罪定罪处罚。拐卖妇女罪是指以出卖为目的,拐骗、绑架、收买,贩卖,接送、中转妇女的行为。行为人只要具有上述行为之一,就构成拐卖妇女罪,故B项错误。走私罪共犯必须具备下述条件:(1)行为人与走私犯的主观方面必须事前有通谋,即有共同的走私犯罪故意。(2)行为人在客观方面,必须为走私犯罪提供各种方便条件;故C项正确。为他人偷越国(边)境提供伪造的护照的,不以偷越国 (边)境罪的共犯论处,而是以提供伪造、变造的出入境证件罪定罪处罚,故D项错误。

选择题
单项选择题

A deal is a deal—except, apparently, when Entergy is involved. The company, a major energy supplier in New England, provoked justified outrage in Vermont last week when it announced it was reneging on a longstanding commitment to abide by the state’s strict nuclear regulations.

Instead, the company has done precisely what it had long promised it would not challenge the constitutionality of Vermont’s rules in the federal court, as part of a desperate effort to keep its Vermont Yankee nuclear power plant running. It’s a stunning move.

The conflict has been surfacing since 2002, when the corporation bought Vermont’s only nuclear power plant, an aging reactor in Vernon. As a condition of receiving state approval for the sale, the company agreed to seek permission from state regulators to operate past 2012. In 2006, the state went a step further, requiring that any extension of the plant’s license be subject to Vermont legislature’s approval. Then, too, the company went along.

Either Entergy never really intended to live by those commitments, or it simply didn’t foresee what would happen next. A string of accidents, including the partial collapse of a cooling tower in 207 and the discovery of an underground pipe system leakage, raised serious questions about both Vermont Yankee’s safety and Entergy’s management—especially after the company made misleading statements about the pipe. Enraged by Entergy’s behavior, the Vermont Senate voted 26 to 4 last year against allowing an extension.

Now the company is suddenly claiming that the 2002 agreement is invalid because of the 2006 legislation, and that only the federal government has regulatory power over nuclear issues. The legal issues in the case are obscure: whereas the Supreme Court has ruled that states do have some regulatory authority over nuclear power, legal scholars say that Vermont case will offer a precedent-setting test of how far those powers extend. Certainly, there are valid concerns about the patchwork regulations that could result if every state sets its own rules. But had Entergy kept its word, that debate would be beside the point.

The company seems to have concluded that its reputation in Vermont is already so damaged that it has noting left to lose by going to war with the state. But there should be consequences. Permission to run a nuclear plant is a public trust. Entergy runs 11 other reactors in the United States, including Pilgrim Nuclear station in Plymouth. Pledging to run Pilgrim safely, the company has applied for federal permission to keep it open for another 20 years. But as the Nuclear Regulatory Commission (NRC) reviews the company’s application, it should keep in mind what promises from Entergy are worth.

According to Paragraph 4, Entergy seems to have problems with its()

A. managerial practices

B. technical innovativeness

C. financial goals

D.business vision