问题 多项选择题

甲(17周岁)、乙、丙三人密谋趁丁外出期间秘密潜入丁家豪宅盗窃,不料三人在进入丁家时发现丁恰好在家。甲、乙为逃脱法律的惩罚,想将丁杀害灭口。丁虽竭力反抗,终因寡不敌众被害。在搏斗过程中,甲、乙、丙毁坏多件名贵家具。公诉机关提起公诉后,丁的家人也提起了附带民事诉讼,已知乙在诉讼过程中因病去世,丙因情节轻微未被追究刑事责任。则下列可以作为附带民事诉讼赔偿责任人的有哪些

A.甲的监护人

B.甲

C.乙

D.丙

答案

参考答案:A,B,D

解析:[考点] 刑事附带民事诉讼赔偿责任人的范围
《刑诉解释》第86条规定,附带民事诉讼中依法负有赔偿责任的人包括: (1)刑事被告人(公民、法人和其他组织)及没有被迫究刑事责任的其他共同致害人;(2)未成年刑事被告人的监护人;(3)已被执行死刑的罪犯的遗产继承人;(4)共同犯罪案件中,案件审结前已死亡的被告人的遗产继承人;(5)其他对刑事被告人的犯罪行为依法应当承担民事赔偿责任的单位和个人。在本题中,根据上诉规定第(4)项,应当由乙的遗产继承人来作为附带民事诉讼的赔偿责任人。根据上述规定第(2)项,应当由其监护人和甲本人作为附带民事诉讼的赔偿责任人。根据上述规定第.(1)项,丙也应当承担民事赔偿的责任。因此正确答案为ABD。

阅读理解

阅读理解

     Jim, a young farmer, was once put into prison.

     One day, he got a letter from his mother. "I'm so worried about our farm," she wrote. "It's time to plant

potatoes. I can't dig all the fields by myself. "

     Jim read the letter and became sad. "What can I do?" he thought. Then he had a good idea. He wrote

to his mother, "Don't dig the fields, there's a pot of money in the earth. Don't plant potatoes until I come

home."

     Some days later, Jim got another letter from his mother. It said, "Two days ago, about ten men came to

our farm and dug all our fields. I can't understand it. It looks as if they were looking for something. What

shall I do?"

     Jim smiled when he read his mother's letter. He wrote a letter to his mother at once. It was very short.

Guess what it would say?

1. Jim's mother was much worried about __________.

A. him

B. their farm

C. the potatoes

D. the pot of money

2. In the letter to his mother, Jim told his mother not to __________.

A. dig the fields

B. dig the pot of money

C. ask others for help

D. go to the prison to see him

3. Jim's mother told him that about ten men came to dig their fields. These men might be __________.

A. farmers

B. Jim's friends

C. prison guards(监狱看守人)

D. Jim's brothers

4. Why did Jim smile when he read his mother's second letter?

A. Because he would go home soon.

B. Because the men didn't find the money.

C. Because his mother could plant potatoes.

D. Because he got another letter from his mother.

5. What would it say in Jim's second letter?

A. I would go out of the prison very soon.

B. You could plant potatoes now, dear mother.

C. I couldn't help you, dear mother.

D. The guards would plant potatoes.

单项选择题