问题 单项选择题

黎某是我国国家工作人员,2004年,他在法国因酒后开车造成严重财产损失,据此,法国已对他进行了刑事处罚。若根据我国刑法,他可能因交通肇事罪被判2年有期徒刑。请问,我国司法机关还应追究他的刑事责任吗

A.不应追究,此案应由法国管辖

B.应该追究,因为他是我国国家工作人员

C.应该追究,因为他是我国公民

D.不应追究,因为按我国刑法,他所犯罪的法定最高刑在3年以下

答案

参考答案:B

解析:[测试点] 我国刑法的属人管辖权问题。 《刑法》第7条规定:“中华人民共和国公民在中华人民共和国领域外犯本法规定之罪的,适用本法,但是按本法规定的最高刑为3年以下有期徒刑的,可以不予追究。中华人民共和国国家工作人员和军人在中华人民共和国领域外犯本法规定之罪的,适用本法。”本题中,黎某是我国国家工作人员,尽管其所犯之罪在法国已受到刑事追究,尽管按我国刑法,他所犯罪的最高法定刑为3年以下,但我国并不以此作为对其免予刑事责任追究的依据。还应注意,追究刑事责任与进行刑事处罚是有区别的。

阅读理解

A young man is lying in hospital sadly. The 24-year-old lost his right leg. The doctor said that his long history of smoking was the reason. “I first smoked when I was 14. It made me feel like a man and I thought it looked cool. Now I know I was wrong,” said the young man.

It is a mistake many young people make. According to the survey, 40 million of China’s 130 million young people aged between 13 and 18 smoke. Fifteen million of them are addicted (上瘾的). The survey also found that about 68% of young smokers first smoked before the age of 13.

Many young people see people smoke in the movies, but in real life, stars like Jackie Chan think smoking is a bad thing and not cool at all.

Doctors say that if a person starts smoking very young, he or she may live 22 years less than those who don’t smoke.

小题1:How long did the young man smoke?

A.For 10 years.

B.For 13 years.

C.For 14 years.

D.For 18 years.小题2:What did the young man think of smoking when he first smoked?

A.It was wrong.

B.It was bad.

C.It was boring.

D.It was cool.小题3:What does the underlined word “it” refer to (指的是)?

A.Smoking.

B.Getting ill.

C.Lying in hospital.

D.Stopping smoking.小题4:The number of young people who smoke in China is ____ million.

A.15

B.40

C.68

D.130小题5:What can we learn from the passage?

A.Many stars think smoking is cool.

B.People who smoke can only live to be 22.

C.It’s a big problem that many young people smoke.

D.Many young smokers first smoked before the age of 10.

单项选择题