问题 多项选择题

关于黑社会性质组织犯罪的认定问题,下列说法哪些是正确的( )

A.组织、领导、参加黑社会性质组织罪,既包括组织、领导、参加黑社会性质组织的行为,又包括在该黑社会性质组织统一策划、指挥下从事的其他犯罪行为

B.具有国家工作人员的非法保护,是认定黑社会性质组织的必要条件

C.黑社会性质组织所从事的危害行为,既包括犯罪行为,又包括违法行为

D.黑社会性质组织是犯罪集团,具有犯罪集团的一般属性

答案

参考答案:C,D

解析:[考点] 对黑社会性质组织犯罪的理解 回答本题的关键是掌握刑法规定以及全国人民代表大会常务委员会关于《刑法》第294条第1款的解释。根据刑法规定和前述立法解释,CD是正确选项。而B选项则为立法解释所否定,国家工作人员提供保护伞不是黑社会性质组织的必备条件。刑法明确规定,组织、领导、参加黑社会性质的组织,又实施具他犯罪行为的,应当数罪并罚。故A选项错误。

多项选择题
阅读理解

I was waiting for a phone call from my agent. He had left at message the night before, telling me that my show was to be cancelled. I called him several times, but each time his secretary told me that he was in a meeting and that he would call me later. So I waited and waited, but there was still no call. Three hours passing by, I became more and more and impatient. I was certain that my agent didn’t care about my work, and he didn’t care about me. I was overcome with that thought. I started to shout at the phone, “Let me wait, will you? Who do you think you are?”

At that time I didn’t realize my wife was looking on. Without showing her surprise, she rushed in, seized the phone, tore off the wires, and shouted at the phone, “Yeah! Who do you think you are? Bad telephone! Bad telephone!” And she swept it into the wastebasket.

I stood watching her, speechless. What on earth...?

She stepped to the doorway and shouted at the test of the house, “Now hear this! All objects in this room----if you do anything to upset my husband, out you go!”

Then she turned to me. Kissed me and said calmly, “Honey, you just have to learn how to take control.” With that, she left the room.

After watching a crazy woman rushing in and out, shouting at everything in sight , I noticed that something in my mood (情绪) had changed. I was laughing. How could I have trouble with that phone? Her aunties helped me realize I had been driven crazy by small things. Twenty minutes later my agent did call. I was able to listen to him and talk to him and talk to him calmly.

小题1:Why did the author shout at the telephone?、

A.He was mad at the telephone.

B.He was angry with his agent.

C.He was anxious about his wife.

D.He was impatient with the secretary?小题2:What did the author’s wife do after she heard his shouting?

A.She said nothing.

B.She shouted at him.

C.She called the agent.

D.She threw the phone away.小题3:What made the author laugh?

A.His own behavior

B.His wife’s suggestion

C.His changeable feelings.

D.His wife’s sweet kiss.小题4:What does the underlined word “aunties” refer to?”

A.Smut words

B.Unusual actions.

C.Surprising Looks

D.Anxious feelings.