问题 单项选择题 B1型题

被鉴定人是性犯罪受害人,具有()

A.刑事责任能力

B.受审能力

C.性自卫能力

D.作证能力

E.服刑能力

答案

参考答案:C

解析:

1.与其他法定能力的鉴定不同,性自卫能力的被鉴定人是犯罪受害人。根据《精神疾病司法鉴定暂行规定》第二十二条:“被鉴定人是女性,经鉴定患有精神疾病,在她的性不可侵犯权遭到侵害时,对自身所受的侵害或严重后果缺乏实质性理解能力的,为无性自我防卫能力。

2.精神症状使患者对其行为缺乏自由意志,即患者在症状支配下,往往对其行为的对错、危害后果等缺乏实质性的判断认识能力,其犯罪要件不完整。因此,各国都从立法上对患者的违法行为予以免除刑事责任,代之以强制性的精神医学治疗。

3.受审能力是指刑事案件中的犯罪嫌疑人或被告人理解自己在刑事诉讼活动中的地位和权利,理解诉讼过程的含义以及合理行使自己诉讼权利的能力。与责任能力反映被鉴定人作案当时的精神状态不同,受审能力涉及批捕以后直至判决以前这段时期的精神状态,因而是实时观察和评估到的。

4.服刑能力指罪犯或服刑人员接受处罚和矫正改造的生理或心理能力。具有服刑能力即表示其能够承受刑罚的处罚,理解刑罚的性质、目的和意义。因精神障碍而致使罪犯或服刑人员不能理解刑罚的性质和意义,则惩罚对其就不产生积极效果,也就无法达到矫正行为、预防犯罪的目的,反而可能因拘禁环境不能提供充分的医疗干预,导致病情恶化,产生消极效果。

阅读理解

Most people regard zoos as safe places for animals, where struggles such as difficulty finding food and avoiding predators(捕食性动物) don't exist. Without such problems, animals in zoos should live to a ripe old age. But that may not be true for the largest land animals on Earth. Scientists have known that elephants in zoos often develop diseases, joint problems and behavior changes. Sometimes, they even become unable to have babies.

To learn more about how captivity(监禁) affects elephants, a team of international scientists led by Mason, a biologist, compared the life spans of female elephants born in zoos with female elephants living outdoors in the wild. Zoos keep detailed records of all the animals in their care, documenting factors such as birth dates, illnesses, weight and death. These records made it possible for the researchers to analyze 40 years of data on 800 elephants in zoos.

The team found that female elephants born in zoos lived an average of 16.9 years. Their wild counterparts(同类事物) who died of natural causes lived an average of 56 years——more than three times as long.

Scientists don't yet know for sure why wild elephants seem to live so much better than their zoo-raised counterparts. Mason thinks stress and obesity(肥胖) may be to blame. Zoo elephants don't get the same kind of exercise as they do in the wild, and most are very fat. Elephant social lives are also much different in zoos than in the wild, where they live in large groups.

Another finding from the study showed that elephants born in zoos were more likely to die earlier than elephants captured in the wild and brought to zoos. Mason suggests stress in the mothers in zoos might cause them to have babies that are less likely to survive.

The study raises some questions about acquiring more elephants to keep in zoos. While some threatened and endangered species living in zoos reproduce successfully and keep healthy populations, that doesn't appear to be the case with elephants.

小题1:The text tells us that zoo elephants are different from other zoo animals because they________

A.develop health problems.

B.1ive to a ripe old age.

C.are not afraid of predators.

D.have difficulty eating food.小题2:What do the scientists find in their research?

A.Female elephants live longer than male elephants.

B.Female zoo elephants die earlier than their wild counterparts.

C.Female zoo elephants live longer than their wild counterparts.

D.Both elephants in zoos and those in the wild live in large herds.小题3:Which of the following does the author suggest in the last paragraph?

A.Zoo-born elephants should be attended more carefully

B.Elephants are no longer an endangered species.

C.It may not be a wise policy to keep elephants in the zoo.

D.Zoos should keep more animals except elephants.小题4:Which of the following can be the best title?

A.Comparison between two species of elephants

B.Longer lives for wild elephants

C.Female elephants suffer from poor health.

D.Longer lives for zoo animals.

单项选择题