问题 单项选择题

甲国警察李某,因婚姻破裂而绝望,某日持枪向路入射击。甲国警方迅速赶到事发现场,采取措施控制事态并围捕李某。李某因拒捕被击毙。但李某的疯狂射击造成数人死亡,其中包括乙国驻甲国参赞程某。根据国际法的有关规则,就该参赞的死亡,下列判断哪一项是正确的( )

A.甲国国家应承担直接责任

B.甲国国家应承担间接责任

C.甲国国家应承担连带责任

D.甲国国家没有法律责任

答案

参考答案:D

解析:本题涉及国家责任。国家责任是指国家对其国际不当行为所应负担的国际法律责任。国家承担国际责任的前提条件是该国实施了国际不当行为。国际不当行为是指违反国际义务的行为,原则上构成国际不当行为需要同时具备主观和客观两方面的要素。主观要素是指某一行为依国际法可以归因于国家,即该行为依据国际法可视为该国的“国家行为”。客观要素是指一国的行为违背了该国负担的有效国际义务。实际上代表国家行事的人的行为可视为国家行为,但因个人损害他国利益的私人行为,不应归责于国家。本题中,虽然李某是甲国机关人员,但李某此时的行为并非职务行为,而是以私人身份从事的,不是国家机关的行为。故甲国没有法律责任,D选项为正确选项。

阅读理解

阅读理解

     When you are little, the whole word feels like a big playground. I was living in Conyers. Georgia the

summer is all happened. I was a second grader, but my best friend Stephanie was only in the first grade.

Both of our parents were at work and most of the time they let us go our own way.

     It was a hot afternoon and we decided to have an adventure in Stephanie's basement. As I opened

the basement door, before us lay the biggest room, full of amazing things like guns, dolls and old cloths.

I ran downstairs, and spotted a red steel can. It was paint. I looked beyond it and there lay even more

paint in bright colors like purple, orange, blue and green.

     "Stephanie, I just found us a project for the day. Get some paintbrushes. We are fixing to paint." She

screamed with excitement as I told her of my secret plans and immediately we go to work. We gathered

all the brushes we could find and moved all of our materials to my yard. There on the road in front of my

house. We painted big stripes(条纹) of colors across the pavement(人行道). Stripe by stripe, our colors

turned into a beautiful rainbow. It was fantastic!

     The sun was starting to sink. I saw a car in the distance and jumped up as I recognized the car. It was my mother. I couldn't wait to show her my masterpiece. The car pulled slowly into the driveway and from

the look on my mother's face. I could tell that I was in deep trouble.

      My mother shut the car door and walked towards me. Her eyes glaring, she shouted "What in the

world were you thinking? I understood when you made castles out of leaves, and climbed the neighbors'

trees, but this! Come inside right now! "I stood there glaring back at her for a minute, angry because she

had insulted(侮辱) my art.

     "Now go clean it up!" Mother and I began cleaning the road. Tears ran down my cheeks as I saw my

beautiful rainbow turn into black cement.

     Though years have now passed, I still wonder where my rainbow had gone. I wonder if, maybe when

I get older, I can find my rainbow and never have to brush it away. I guess we all need some sort of

rainbow to brighten our lives from time to time and to keep our hopes and dreams colorful.

1. What did the writer want to do when his mother came home?

A. To introduce Stephanie to her

B. To prevent her from seeing his painting

C. To put the materials back in the yard

D. To show his artwork to her

2. In his mother's eyes, the write________.

A. was a born artist        

B. always caused trouble

C. was a problem solver    

D. worked very hard

3. The unlined word "rainbow" in the last paragraph refers to_________.

A. the rainbow in the sky

B. the stripes on the pavement

C. something imaginative and fun

D. important lessons learned in childhood.

4. It can be learned from the passage that parents should________.

A. encourage children to paint

B. value friendship among children

C. discover the hidden talent in children

D. protect rather than destroy children's dreams

单项选择题