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。

填空题
单项选择题

阅读下列短文:从每题所给的A、B、C、D四个选项中,选出最佳选项,将正确的选项涂在答题卡上。D

Why College Is Not Home

The college years are supposed to be a time for important growth in autonomy(自主性) and the development of adult identity. However, now they are becoming an extended period of adolescence, during which many of today’s students and are not shouldered with adult responsibilities.

For previous generations, college was decisive break from parental control; guidance and support needed help from people of the same age and from within. In the past two decades, however, continued connection with and dependence on family, thanks to cellphones, email and social media, have increased significantly. Some parents go so far as to help with coursework. Instead of promoting the idea of college as a passage from the shelter of the family to autonomy and adult responsibility, universities have given in to the idea that they should provide the same environment as that of the home.

To prepare for increased autonomy and responsibility, college needs to be a time of exploration and experimentation. This process involves “trying on ” new ways of thinking about oneself bothe intellectually(在思维方面) and personally. While we should provide “safe spaces” within colleges, we must also make it safe to express opinions and challenge majority views. Intellectual growth and flexibility are fostered on debate and questioning.

Learning to deal with the social world is equally important. Because a college community(群体) differs from the family, many students will struggle to find a sense of belonging. If students rely on administrators to regulate their social behavior and thinking pattern, they are not facing the challenge of finding an identity within a larger and complex community.

Moreover, the tendency for universities to monitor and shape student behavior runs up against another characteristic of young adults: the response to being controlled by their elders. If acceptable social behavior is too strictly defined(规定) and controlled, the insensitive or aggressive behavior that administrators are seeking to minimize may actually be encouraged.

It is not surprising that young people are likely to burst out, particularly when there are reasons to do so. Our generation once joined hands and stood firm at times of national emergency. What is lacking today is the conflict between adolescent’s desire for autonomy and their understanding of an unsafe world. Therefore, there is the desire for their dorms to be replacement homes and not places to experience intellectual growth.

Every college discussion about community values, social climate and behavior should include recognition of the developmental importance of student autonomy and self-regulation, of the necessary tension between safety and self-discovery.

What’s the author’s attitude toward continued parental guidance to college students?()

A.Sympathetic

B.Disapproving

C.Supportive

D.Neutral