问题 单项选择题

郭某因受人侮辱而向法院提起诉讼,要求追究行为人许某的刑事责任,在人民法院受理案件时,郭某委托了一名律师代理自己诉讼,对于该律师接受委托,参与诉讼这个问题,下述错误的是:

A.该律师必须向人民法院提交由郭某签名或盖章的委托书

B.可代郭某出庭参加法庭审理

C.可在法庭上与被告人许某及其辩护人展开辩论

D.可在一审判决后,独立提出上诉

答案

参考答案:D

解析:[测试点]代理人的权利。
《刑诉解释》第50条规定:诉讼代理人应当向人民法院提交由被代理人签名或者盖章的委托书;如果被代理人是附带民事诉讼当事人的,诉讼代理人应当向人民法院提交由被代理人签名或者盖章的授权委托书。
第232条规定:地方各级人民法院在宣告第一审判决、裁定时,应当明确告知被告人、自诉人、附带民事诉讼的当事人和他们的法定代理人,如果不服判决或者裁定,有权在法定期限内以书状或者口头形式向上一级人民法院提出上诉;被告人的辩护人和近亲属在法定期限内经被告人同意,也可以提出上诉;附带民事诉讼的当事人和他们的法定代理人,可以对判决或者裁定中的附带民事部分,提出上诉。被告人、自诉人、附带民事诉讼的当事人和他们的法定代理人是否上诉,以他们在上述期满前最后一次的意思表示为准。
依此以及相关规定,选项A、B、C均是代理人的权利;而作为郭某的代理人,律师本人无权提出上诉,但可以在征得自诉人同意后,代自诉人提起上诉。所以D项错误,应当选。

选择题
阅读理解

阅读理解。

      Just about every week now, we read a newspaper headline about the genetic basis for breast

cancer, intelligence Such news stories may lead us to believe our lives are being revolutionized by

genetic discoveries. We may be close to changing and getting rid of mental illness, for example and

identify the causes of crime, personality, and other basic human weaknesses.

      But these hopes, it turns out, are based on faulty assumptions about genes and behavior.

      In many cases, people are motivated to accept research claims by the hope of finding solutions

for frightening problems, like breast cancer. Accepting genetic causes for their characteristics can

relieve guilt about behavior they want to change but can't. Efforts made to fight against them, at

growing expense, have made little or no visible progress. The public wants to hear that science can

help.

     Meanwhile, genetic claims are being made for many ordinary and abnormal behaviors, from

addiction to shyness and even to political views and divorce . If who we are is determined from

pregnancy, then our efforts to change or to influence our children may be useless. There may also

be no basis for insisting that people behave themselves and obey laws. Thus, the revolution in thinking

about genes has great consequences for how we view ourselves as human beings.

      Most claims linking emotional disorders and behaviors to genes are statistical in nature. The

research finds are insufficient for deciding that alcoholism or manic-depression (躁狂抑郁症患者)

is inherited. In the late 1980s, genes for manic-depression were identified by teams of geneticists. The

claims have now been definitively proved wrong.

      Genetic data on the major mental illnesses make it clear that they can't be reduced to purely genetic

causes. According to Myrna Weissman, Ph.D., Americans born before 1905 had a 1 percent rate

of depression by age 75. Among Americans born a half century later, 6 percent become depressed

by age 24! Similarly, while the average age at which manic-depression first appears was 32 in the mid

1960s, its average beginning today is 19. Only social factors can produce such large shifts in rate and

age of beginning of mental disorders in a few decades.

       Scientists actively debate whether disorders like alcoholism are more or less biologically driven.

If they are mainly biological-rather than psychological, social, and cultural-then there may be a genetic

basis for them. In 1990,Kenneth Blum, Ph.D., of the University of Texas, and Ernest Noble, M.D.,

of the University of California, Los Angeles, found a certain gene in 70 percent of a group of alcoholics,

but in only 20 percent of a non-alcoholic group. But in 1993 Joel Gelernter, M.D., of Yale and his

colleagues surveyed all the studies that examined this gene and alcoholism. Different from Blum and

Noble's research, the results were that 18 percent of non-alcoholics, 18 percent of problem drinkers,

and 18 percent of severe alcoholics all had the gene. As for Blum and Noble's work, a more reasonable

model is that genes may affect how people experience alcohol. Perhaps some people's nerves are more

activated by alcohol. But although genes can influence reactions to alcohol, they cannot explain why

some people continue drinking to the point of destroying their lives.

      Therefore, claims that our genes cause our problems, our misbehavior, even our personalities are

more a mirror of our culture's attitudes than a window for human understanding and change.

1.The word "revolutionized" in paragraph 1 can best replaced by ________.

A. identified  

B. changed    

C. misunderstood    

D. disturbed

2.Which of the following is conveyed in this article?

A. Some people are happy to accept genetic causes for their behavior.

B. We are close to finding solutions to human weaknesses.

C. The public wants scientists to help fight against illnesses.

D. Americans became depressed at an early age for genetic causes.

3.If our characteristics are genetic, then _______.

A. We can only rely on environment to influence our children

B. We may think of who we are differently

C. We can change our children's behavior

D. We need to make greater efforts to behave ourselves

4.What can we learn from Dr. Gelernter and his colleagues' research?

A. There may be a genetic basis for alcoholism.

B. Genes can explain why people drink too much.

C. Perhaps drinking is more rewarding for alcoholics.

D. There was no link between gene and alcoholism.

5.Which do you think is the best title of the passage?

A. My Genes Made Me Do It              

B. Nature and Education

C. Here's the Myth of Genes                  

D. Genetic Discoveries