问题 多项选择题

下列选项中,属于犯罪构成必备要素的有()。

A.罪过

B.犯罪动机

C.危害结果

D.危害行为

答案

参考答案:A, D

解析:按照四要件说,犯罪构成要件包括犯罪客体、犯罪客观方面、犯罪主体、犯罪主观方面。其中,犯罪客观方面一般包括危害行为、行为对象、行为的危害结果以及犯罪的时间、地点和方法等要素。其中危害行为是一切犯罪构成客观方面的必要要素,其余的都是选择性要素。犯罪主观方面,包括犯罪故意、犯罪过失、犯罪目的、犯罪动机等心理因素。其中犯罪故意或过失,即罪过,是犯罪构成主观方面的必要要素,犯罪目的是某些犯罪成立必须具备的要素,而犯罪动机一般不是犯罪的要件,但它对量刑起着重要的作用。答案选AD。

问答题

An awkward-looking character such as Cyrano de Bergerac might sniff at the suggestion, but recent scientific research shows beauty, brains and brawn may in fact all be allied, writes Dr Raj Persaud.

(46) Psychologists have concluded that we may be drawn to the stereotypically attractive because of what their faces reveal about their intelligence and success in later life. In American, research led by Professor Leslie Zebrowitz, of Brandeis University, has shown an association between facial attractive and IQ. Strangers briefly exposed to a target’s face were able to correctly judge intelligence at levels significantly better than chance.

The same team also researched how a person’s attractiveness might bear relation to their intelligence. They found that good-looking people did better in IQ tests as they aged. (47) Their research sought to prove that how a person perceived himself and was perceived by others predicted how intelligent he apparently became more accurately than his past intelligence. (48) Perhaps because the more attractive people were treated as more intelligent, they ended up having more stimulating and, therefore, intelligence-enhancing lives.

Does this mean that your face really could be your destiny Sociologists Dr Ulrich Mueller and Dr Allan Mazur, of the University of Marburg in Germany, recently analyzed the final year photographs of the 1950 graduates of West Point in the United States. Dominant facial appearances turned out to be a consistent predictor of later-rank attainment:

Again, they believed there could be a self-fulfilling effect. (49) Because some men looked more authoritative, they naturally drew respect and obedience from others which, in turn, assisted their rise through the ranks.

A team at the Royal College of Surgeons in Dublin has been investigating the sensitive subject of links between physical and mental abnormalities. Led by Doctors Robin Hennessy and John Waddington, the team used a new laser surface-scanning technique to make a 3-D analysis of how facial shape might vary with brain structure. Their findings showed that in early fetal life, brain and face development are intimately connected. From this they concluded that abnormalities in brain elaboration probably also affect face development.

This, according to them, explains the striking facial features of some one with Down’s syndrome. (50) Using similar techniques, the team also demonstrated how other disorders linked to brain aberrations could be associated with facial alterations.

So the very latest scientific research suggests that nobody should try to look too obviously different from average.

(46) Psychologists have concluded that we may be drawn to the stereotypically attractive because of what their faces reveal about their intelligence and success in later life.

多项选择题