问题 问答题

对马某的盗窃和打伤警察的行为应当如何定罪

答案

参考答案:[参考答案:与解析]
对马某应当以盗窃罪和故意伤害罪两个罪名实行数罪并罚。虽然我国《刑法》第269条规定,犯盗窃、诈骗、抢夺罪,为窝藏赃物、抗拒抓捕或者毁灭罪证而当场使用暴力或者以暴力相威胁的,依照本法第263条的规定即按照抢劫罪定罪处罚。但就本案情形而言,虽然马某的暴力行为是为了抗拒抓捕,但该行为并不是在盗窃的现场当场实施的,而是在盗窃行为已经实施完成后的销赃过程中实施的,故不应当按照第269条规定的盗窃罪的转化罪名,即抢劫罪定罪处罚,而应当按照盗窃罪和其在抗拒抓捕的过程中实施的伤害行为,的性质分别论处。那么,马某在抗拒抓捕的过程中实施的伤害行为到底应当定故意伤害罪还是妨害公务罪呢从表面来看,马某的伤害行为同时符合了这两个罪的特征,但其伤害行为是作为妨害公务罪的一种手段实施的,属于牵连犯,应择一重罪处罚。由于妨害公务罪的法定最高刑为3年以下有期徒刑,其处罚显较故意伤害罪的处罚轻,故马某的伤害行为应按故意伤害罪论处。

单项选择题

While the ripples of America’s subprime-mortgage crisis have spread far and wide, Latin America—a place long associated with financial disaster—has remained improbably calm. Banks have reported no unpleasant surprises. Brazil and Peru have been blessed with coveted investment-grade ratings. Surprisingly, perhaps the fleetest country of all has been Argentina. Since it emerged from the financial crisis of 2001-02, it has been one of the world’s fastest-growing economies. It is expected to expand faster than most of its neighbors again this year.

Quite simply, it barely has any credit. Back when its economy virtually collapsed, the country suffered a run on its banks, followed by a freeze on withdrawals, and a massive currency devaluation. As a result, bank lending to the private sector shrivelled, from 23.8% of GDP in 2000 to 10.8% in 2003. Since then, it has rebounded to a piddling 13% ; by contrast, the ratio in Brazil was 36.5% in 2006. Almost all of these loans in Argentina are accessible only on a short-term basis.

Once its recovery began in June 2002, Argentina became a paradise for business. Unemployment of over 20% kept wages down, and the devaluation gave exporters an edge on foreign competitors. The ample productive capacity left idle by the crisis meant firms could expand without making big investments. And the windfall profits reaped by agricultural exporters, thanks to record commodities prices, enabled many of them to finance new projects out of earnings. Hence the economy could grow at almost 9% a year with little need for credit.

But such a lucky confluence of factors could not last. Starting in early 2005 ,.inflation picked up, a sign that the installed capacity was starting to limit output. Salaries and prices for raw materials increased sharply, cutting into profits. And farmers were particularly hard hit when the government nearly doubled the taxes in farm exports. Now, just as companies need to embark on big investments if they are to keep growing, their margins are no longer big enough to pay for the expansion and they need to borrow.

So, the time is ripe for the country’s financial system to recover. But a number of things are in the way. Foremost is Argentina’s business risk. Those in the informal economy (which represents over 40% of GDP) can neither save nor borrow legally, lest they become known to the taxmen. The rest remain cowed by memories of the crisis. Although Argentines have poured their savings into property, fuelling a construction boom, they still hold about four-fifths of their deposits abroad.

Inflation, fuelled by a public-spending binge, state-mandated wage increases, and a cheap currency, is not helping either. No one knows how high it is. The consumer-price index is doctored to keep the official rate below 10%, but private estimates suggest it is near 25%. Without a reliable index of inflation, lending is almost impossible, even for the medium term. And the central bank has kept interest rates ply negative in real terms, encouraging workers to spend their wages rather than to save.

It can be inferred from the first paragraph that()

A. Latin America has been greatly influenced by America’s subprime-mortgage crisis

B. Latin America is suffering a financial disaster

C. Argentina has suffered a financial crisis at the beginning of this century

D. Argentina’s economy grows faster than any other countries’ economy

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