问题 多项选择题

(二)
李某找到孙某为他开汽车运送一批假烟到邻县去卖,但在运输过程中被工商所查获。工商所依法将假烟和运送假烟的汽车扣押,并罚款1000元,责令于该月15日交清。李某拒绝罚款,与孙某合议将被扣押的汽车偷回。当晚12时许,李某携带斧头等工具与孙某潜进工商所院内,将大门锁砍断,欲驾驶汽车冲出院外。但就在其要打开车门一刹那,值班的工商所工作人员许某大声喝住,从值班室追赶出来,拦住李某。李某抓起斧头将许某砍伤,与孙某驾驶汽车离去。为了逃脱追捕,孙某将车速调至最大,结果正好金某和赵某路过,赵某为了躲避迎面飞驰而来的汽车将另一行人冯某碰倒,导致其骨盆破裂和小腿粉碎性骨折(后变成终生残疾),自己则是大腿骨折。而金某被汽车撞倒在地。孙某欲下去看看,李某拦住他说:“别管了!逃命要紧!”金某因得不到及时救助而死亡。后得知金某是李某的仇人,李某早就在预谋如何杀掉金某。根据以上事实,回答下列题:

关于李某和孙某在工商所内的行为,下列说法不正确的有:( )

A.李某和孙某构成盗窃罪的共同犯罪

B.李某和孙某构成抢劫罪的共同犯罪

C.李某构成盗窃罪和故意伤害罪,数罪并罚

D.孙某对李某砍伤许某的行为不负刑事责任

答案

参考答案:A,C,D

解析: 本题的考点是犯罪客体、转化犯和共同犯罪。李某从事非法活动,工商所依法将其进行违法活动的财物予以扣押。《刑法》第91条规定,李某偷回或抢回原本属于自己所有的、但被国家机关依法扣押的财物,实际上侵害了公共财产权。因此,首先要肯定的一点是李某和孙某的行为是构成犯罪的。二人起先是以盗窃的故意进行盗窃行为,但盗窃过程中李某对许某实施了暴力,根据《刑法》第269条规定,李某构成的是抢劫罪。孙某作为共犯,也应依抢劫罪处理。因此,本题答案是ACD。

完形填空
Henry was a boy of nine. He was born in a        family. His father was often ill and couldn’t go to work. Only his mother worked in a factory. She worked hard and hoped to give her four children and husband        food and clothes. But she failed. Her family was sometimes hungry. Of course, she couldn’t send Henry to school. She was        it but she didn’t know what to do. The boy was very clever and taught himself to read,write and        at home in the evening. And in the daytime he was polishing(擦)shoes in the street, so he could make some        for his family.
One afternoon the boy saw a young man’s shoes were       , so he said to him, “ Let me polish your shoes.”
“No, thank you,” the young man said and walked away.
“You may pay me only one dollar, sir,” the boy shouted        him. But the young man said no again. Then the boy thought for a while and told him that he would polish his shoes for nothing. The young man        to this, and soon one of his shoes was shining brightly. The man showed        shoe to the boy, but the boy said no to polish it if he wasn’t paid two dollars for his work. .The young man refused(拒绝)to        anything on it and went away.
But his shoes were so different that he had to stop. He turned back and gave the boy two dollars. In a very short time the shoe was as bright as the other one.
小题1:
A.happyB.luckyC.richD.poor
小题2:
A.muchB.littleC.enoughD.many
小题3:
A.afraid ofB.sorry forC.useful toD.friendly to
小题4:
A.playB.swimC.countD.sleep
小题5:
A.booksB.clothesC.shoesD.money
小题6:
A.dirtyB.cleanC.oldD.new
小题7:
A.underB.aboveC.in front ofD.behind
小题8:
A.likedB.agreedC.worriedD.surprised
小题9:
A.otherB.othersC.the otherD.the others
小题10:
A.spendB.costC.payD.take
选择题