甲于14周岁生日那天在大庭广众之下用绳子勒住另一小孩，路人乙看见后不予制止，眼睁睁看着甲将小孩勒死。下列说法正确的是______。
A．本案中乙属不纯正不作为犯
B．甲与乙构成共同犯罪
C．甲不负刑事责任，因未达到刑事责任年龄
D．乙构成犯罪
参考答案：C
解析： 构成刑法上的不作为必须具备的条件之一就是行为人负有特定的法律义务。这种特定的法律义务主要有三种：①法律明文规定的特定义务；②职务上或业务上要求履行的义务；③行为人的先行行为产生的义务。在本案中，甲用绳子勒人时，过路人乙并无救助义务，因而其行为不能构成刑法中的不作为。至于甲，因其在生日当天实施杀人行为未达刑事责任年龄，因而其对杀人行为不负刑事责任。
Recently divorced and unemployed，I was on my way downtown to do the rounds of the employment offices.I had no umbrella，for my old one had ____，and I could not ____ another one. I sat down in the ____ and there against my seat was a(n) ___ silk umbrella with a silver handle.I had ____ seen anything so lovely.I examined the handle and saw a carved ___.The usual procedure would have been to ____ the umbrella to the conductor，but an idea ____ to me.I decided to take it with me and find the owner myself. I got off the bus in a downpour and ____ opened the umbrella to protect myself.Then I ____ a telephone book for the name on the umbrella.I called and a lady ____. Yes，she said ____，that was her umbrella，which her parents，now dead，had given her as a birthday present.But，she ____，it had been stolen ____ her doorstep a month before. She was so excited that I ____ I was looking for a job and went directly to her house.She took the umbrella，and her eyes were filled with ____.She wanted to give me a ____，but－though twenty dollars was all I had in the world－her happiness at regaining this ____ possession was beyond words and I believed accepting her money would have ____ something.We talked for a while and I left. A week later，I got a job as a sales manager ____.It might be my kindness that paid off.But who knows?
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