问题 单项选择题

江某无端遭到仇人的追杀,情急中拿起一根铁棒在厮杀中击中仇人的头部,将其打死。江某认为自己杀了人,非常害怕,担心承担刑事责任,就将仇人的尸体装在一个袋子中运回家里,然后碎尸灭迹。江某属于:

A.法律认识错误

B.事实认识错误

C.过失致人死亡

D.碎尸灭迹的行为不成立犯罪

答案

参考答案:A

解析:[考点] 法律认识错误 我们知道江某的行为属于正当防卫,不承担刑事责任,因而属于法律认识错误。但是后来的碎尸灭迹行为应该成立侮辱尸体罪。

阅读理解

Two teaching staff stood in court last week, in different parts of Britain, each charged with assault (人身侵犯) after attempting to remove a troublemaking student from the classroom. In both cases the men had been suspended(使暂时停职) from their schools and each had spent almost a year waiting for their cases to come to court. One man, Mark Ellwood, was cleared. The other was found guilty. Both cases show the almost impossible position teachers are now in as they try to keep order in schools. They have the responsibility for what goes on in classrooms, but it’s naughty pupils who have the power.

Ellwood was the comparatively lucky one. He was brought in to work with children with behavioral difficulties. When he asked a boy to take off his jacket and put away his phone, the pupil threatened to stab(刺) him. Ellwood removed the boy from the class, and when the boy started kicking him, Ellwood swept his feet from under him and lowered him to the ground. Weeks later he was charged with assault. Social services decided that the charge made him a potential risk to any child, so he was ordered to leave his wife and teenage daughters and move out of his home. The judges told him that they hoped he would now forget his nightmare and restart his life.

Sixty-two-year-old Michael Becker is the man who lost his case and will now lose his job. He taught in a special school. On the day of the incident, they were making pinhole cameras when the 15-year-old pupil arrived late. He refused to sit down, and instead walked around the classroom, telling jokes. He ignored several requests to start work and refused to leave the classroom when asked. Eventually Becker seized the boy by his belt and sweatshirt and removed him to a nearby storeroom, with the boy falling down as he struggled to break away. A teaching assistant, sent to check on him a few minutes later, found him sitting in the corridor, clearly unharmed. Becker considered the incident over, but the next day he was suspended as the subject of a police investigation.

Why did two British teachers stand in court?

A. Because they were charged with assault on their students.

B. Because they removed a troublemaking student from a classroom.

C. Because they were suspended from their schools.

D. Because they tried to keep order in schools.

According to the passage Ellwood __________.

A. was found guilty and lost his job     B. was too strict with his students

C. often punished his students       D. was lucky not to lose the case

When the incident happened, Michael Becker __________.

A. lost his case and will lose his job

B. was teaching his students to make pinhole cameras

C. ignored several requests to start work

D. was suspended as the subject of a police investigation

From the two cases we can learn in Britain __________.

A. removing students from the classroom is not allowed

B. teachers have no power to keep order in schools

C. students can do whatever they like in the classroom

D. it’s very difficult to be a teacher

多项选择题