(共犯成立标准:“部分犯罪共同说”犯罪共同为前提部分共同为补充)甲乙共谋教训其共同的

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问题:

(共犯成立标准:“部分犯罪共同说”犯罪共同为前提部分共同为补充)甲乙共谋教训其共同的仇人丙。由于乙对丙有夺妻之恨,暗藏杀丙之心,但未将此意告诉甲。某日,甲、乙二人共同去丙处。为确保万无一失,甲、乙以入室盗窃为由邀请不知情的丁在楼下望风。进入丙的房间后,甲、乙同时对丙拳打脚踢,致丙受伤死亡。甲、乙二人旋即逃离现场。在逃离现场前甲在乙不知情的情况下从丙家的箱子里拿走人民币5万元。出门后,甲背着乙向丁谎称从丙家窃取现金3万元,分给丁1万元,然后一起潜逃。甲乙丁对丙死亡这一事实的行为性质和责任是什么

A.甲乙二人在故意伤害罪的范围内成立共同犯罪,甲成立故意伤害(致人死亡)罪,乙成立故意杀人 (既遂)罪

B.甲乙不是故意杀人罪的共犯

C.甲乙都对丙死亡结果负责,但甲只有伤害故意,对死亡结果承担过失责任(结果加重犯)

D.丁对甲乙加害丙人身的行为不负刑事责任

考点:国家司法考试司法考试卷二刑法
题型:多项选择题

对于不可撤销信用证开出后,对其中条款的修改,下列表述正确的是( )。

A.不容许任何形式的修改

B.只能在一定范围内修改

C.在信用证有效期内,任何一方的任何修改,都必须经买卖双方协商一致同意后,由开证申请人通过开证行办理修改

D.买卖双方都可直接要求开证行修改

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第三部分:阅读理解(共 20小题;每小题 2分,满分 40分)

阅读下列短文,然后从各题所给的四个选项(A、B、C 和 D)中,选出最佳选项,并在答题卡上将该项涂黑。

All over my garden I’ve planted nothing but roses, sweet and — if looked at far away — bright with color like sunset clouds, I’d be very happy if anyone of my visiting friends should desire to pick and take some for their homes. I trust that any friend of mine carrying the rose would disappear into the distance feeling that his emotions had been rekindled (重燃).

A close friend came for a visit the other day. I know her to be a lover of flowers and plants. And for that reason I told her at her departure that she should pick a bunch of roses to grace her bedroom. I promised that the smell of the roses would be wafted far, far away.

That girl friend of mine, tiptoeing into the garden in high spirits, smelt here and there, but in the end she didn’t pick a single rose. I said there were so many of them that she would pick as many as she’d like to; I told her that I was not a flower farmer and didn’t make a living out of them. Saying so I raised the scissors for the sacrifice of the flowers, but she stopped me, crying no, no, no!

To cut such beautiful roses would hurt one, she said. With her hands seizing at my sleeves, she told me that by no means should they be cut. Roses are the smiling face of the earth, and who could be so iron-hearted as to destroy a smile so charming?

My mind was thoroughly shocked: the ugly earth, the rough earth, the plain earth—it is for the reason of that smile that it wins the care and pity of people.

56. The underlined word “wafted” in Paragraph 2 is closest in meaning to “__________”.

A. moved             B. lost                  C. destroyed                 D. felt

The writer plants nothing but roses in her garden probably because ____.

A.    she can make money out of them          B. her friends like them

C.    she enjoys the roses very much 

D.the roses can rekindle her friends’ emotions

58. Why did the writer’s close friend refuse to pick a single rose?

A. Because the roses were not beautiful.

B. Because she did not like this kind of roses.

C. Because the writer did not want to give her any.

D. Because she loved the roses very much.

59. What would be the best title for the passage?

A. A lovely rose garden.                             B. The smiling face of the earth.

C. The pity of people to the roses.          D. A lover of flowers.

题型:多项选择题

稳态直流电路中电容相当于开路。

题型:多项选择题

成人80kg体重,后躯干、臀部、双足烧伤,创面焦黄、碳化,第1个24小时应补晶体液为()。

A.3000ml

B.5000ml

C.1500ml

D.2500ml

E.4000ml

题型:多项选择题

党委集体讨论决定重大问题时,可以采取的处理方式有()

A、书记和副书记碰头

B、个别征求意见

C、票决

D、文件传批

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