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问题 单项选择题

（2008年）我国《刑法》第二十一条规定，为了使国家、公共利益、本人或者他人的人身、财产和其他权利免受正在发生的危险，不得已采取的紧急避险行为，造成损害的，不负刑事责任。紧急避险超过必要限度造成不应有的损害的，应当负刑事责任，但是应当减轻或者免除处罚。该条文中的价值平衡，适用的是下列哪一项原则？

A．价值位阶原则

B．个案平衡原则

C．比例原则

D．功利原则

答案

参考答案：C

解析：解析：价值平衡有三个原则，价值位阶原则指在不同位阶的法的价值发生冲突时，在先的价值优于在后的价值。个案平衡是指在处于同一位阶上的法的价值之间发生冲突时，必须综合考虑主体之间的特定情形、需求和利益，以使得个案的解决能够适当兼顾双方的利益。比例原则是指为保护某种较为优越的法价值须侵及一种法益时，不得逾越此目的所必要的程度。换句话说，即使某种价值的实现必然会以其他价值的损害为代价，也应当使被损害的价值减低到最小限度。紧急避险的价值平衡属于比例原则，因此，本题的正确答案是C.

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Part 2


Questions 9-18


Read the following passage and answer questions 9-18.
1. Most young people enjoy some forms of physical activity. It may be walking, cycling or swimming, or in winter, skating or skiing. It may be a game of some kind football, golf, or tennis. It may be mountaineering.
2. Those who have a passion for climbing high difficult mountains are often looked upon with astonishment. Why are men and women willing to suffer cold and hardship, and to take risks on high mountains This astonishment is caused probably by the difference between mountaineers and other forms of activity to which men give their leisure.
3. Mountaineering is a sport and not a game. There are no man-made rules, as there are for such games as golf and football. There are, of course, rules of a different kind which would be dangerous to ignore, but it is this freedom from man-made rules that makes mountaineering attractive to many people. Those who climb mountains are free to use their own methods.
4. If we compare mountaineering with other more familiar sports, we might think that one big difference is that mountaineering is not a "team game". We should be mistaken in this. There are, it is true, no "matches" between "team" of climbers, but when climbers on rock face linked by a rope on which their lives may depend, there is obviously teamwork.
5. The mountain climber knows that he may have fight forces that are per and more powerful than man. He has to fight to against the forces of nature. His sport requires high mental and physical qualities. A mountain climber continues to improve in skill year after year. A skier is probably past his best by the age of thirty, and most international tennis champions are in their early twenties. But it is not unusual for a man of fifty or sixty to climb the highest mountains in the Alps. They may take more time than young man, but they probably climb with more skill and less waste of effort, and they certainly experience equal enjoyment.

Questions 9-13


·For questions 9-13. choose the best title for each paragraph from below.
·For each numberedparagraph (1-5), mark one letter (A-G) on the Answer Sheet..
·Do not mark any letter twice.
  • A. Mountaineering is different from golf and football.
  • B. Mountaineering is treated as a team sport.
  • C. The requirements needed for climbers.
  • D. Many young people enjoy some forms of physical activity.
  • E. A mountain climber’s skill is not limited by his age.
  • F. The reason why people enjoy climbing mountains.
  • G. Mountaineering is a sport rather than a gam

Paragraph 1: ______
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