未分类题

2004年11月,赵某(1987年8月出生)在A市火车站站台上见一刚下车的旅客王某(女)带着一个小孩,旁边放着4件行李,便上前询问是否需要雇人扛行李。二人商定,由赵某将王某的4件行李扛出车站,王某付给赵某人民币20元作为报酬。赵某扛着4件行李刚出站口,王某的小孩被车站工作人员拦下查票。看到王某忙于出示车票,赵某遂产生了非法占有的意图,趁王某不注意,将行李扛走。当时,行李内装有人民币5000元、价值5000元的真皮提包一个及其他物品。其后,公安机关将赵某抓获归案。在审查期间,赵某检举揭发了张某故意杀人的犯罪行为,经查证属实。下列说法正确的是:
D.赵某有重大立功表现,可以减轻或者免除处罚

A.赵某构成侵占罪
B.赵某构成盗窃罪
C.赵某未满18周岁,应当从轻或者减轻处罚

【参考答案】

BCD
解析:案发时,行李虽然扛在赵某身上,但从社会观念上讲,行李仍然由王某占有,赵某赴王某不注意,非法窃取财物的行为构成盗窃罪。因此,区分盗窃罪与侵占罪,关键是区分行为人是否占有财物,侵占罪的特征是先合法占有后非法据为已有。犯罪人未满18周岁,应当从轻或者减轻处罚,其有重大立功表现,可以减轻或者免除处罚。
热门 试题

未分类题
Anyone who doubts that global financial markets control national economies need only look at the crisis facing the 'tigers' of the Far East. Last year, the value of their currencies dropped rapidly, after investors decided that their economic policies were not strong enough; now the region is suffering slower growth, lower living standards and rising unemployment.The situation in Asia shows how power has shifted from individual governments to the markets. In theory, governments are free to set their own economic policies; in practice, they must conform. to a global economic model or risk being penalized by the markets.Adjusting to this new 'economic order' is proving difficult, in the developed world, and in particular the European Union, globalization is facing widespread public resistancE.Critics complain that, without the protection of trade barriers, jobs are being lost to workers in poorer countries, and wages for employees in rich countries are falling. Opponents in the European Union point to the effects that globalization has had in the U.S. and Britain. In those countries, wages are stagnant--except for a few privileged--and taxes and welfare benefits have been reduced to help companies compete with industries in the developing worlD.Those in favor of globalization accuse their critics of being shortsighted protectionists. They claim that a more integrated global economy will ultimately benefit everyone because it will enable countries to specialize in those areas where they perform. best. Developing countries, with their higher populations and lower wages, will concentrate on labor-intensive industries. The richer countries, on the other hand, will diversify into high-tech industries, where high productivity and specialist knowledge are paramount. The effect of this will be to improve productivity in all countries, leading to higher living standards. The free movement of capital will also help poorer countries develop so that they can play a full and active role in the world economy. But how close are we to a truly global economy? For those in favor of globalization, probably too closE.But in terms of real economic integration, there are still many problems to be solveD.A global economy would mean complete freedom of movement of goods and services, capital, and labor. Yet, even ignoring the tariffs and other restrictions still in place, cross-border trade remains tiny as compared with the volume of goods and services traded within countries; foreign investment is also extremely small, amounting to little more than five percent of the developed world's domestic investments.But what is really holding globalization back is the lack of labor mobility. Labor markets remain overwhelmingly national, even in areas like the European Union, where citizens can live and work in any EU country. The main reasons for this are language and cultural barriers; the lack of internationally recognized qualifications; and, in some cases, strict immigration controls.The main reason why some Asian countries are suffering from economic depression is that they ______.A.doubt that global financial markets will control national economiesB.fail to follow a global economic model adequatelyC.have set their own free economic policiesD.have their power interfere with the markets
A.B.
C.S.
D.
E.
F.
The
G.
A.doubt
H.fail
I.have
J.have
相关试题