问题 不定项选择

下列关于证据的说法,正确的是( )

A.证据之所以具有证明力,是因为证据的客观性

B.说明某人有暴力倾向的材料对证明其实施了故意伤害行为的犯罪事实不具有关联性

C.在我国,以欺骗的手段获取的犯罪嫌疑人供述可以作为定案的根据

D.非法取得的言词证据予以排除的理由是这些证据不具有客观性

答案

参考答案:B

解析:证据之所以具有证明力,是因为证据的关联性,而不是因为证据的客观性。具有客观性的事实材料如果与案件没有关联性,也没有证明力。比如在某甲家里取得的某甲的指纹,即使具有客观真实性,对于在某乙家里发生的杀人案就没有证明力,因为某甲家里取得的某甲的指纹与案件事实没有关联。所以A选项错误。证据理论一般认为,某个人的特定品格在证明该人在特定条件下实施了与此品格相一致的行为上,不具有关联性,因此B选项正确。《刑事诉讼法解释》第61条明确规定:"严禁以非法的方法收集证据。凡经查证确实属于采用刑讯逼供或者威胁、引诱、欺骗等非法的方法取得的证人证言、被害人陈述、被告人供述,不能作为定案的根据。"所以选项C错误。排除非法取得的言词证据的理由不是因为这些证据不具有客观性,而是因为它侵犯了人的基本权利,非法取得的证据也可能是真实的,即使是真实的,也应当予以排除。所以,D选项也错误。

单项选择题
单项选择题

People don’t want to buy information online. Why Because they don’t have to. No more than that because they’re used to not paying for it. That’s the conventional wisdom. Slate, Microsoft’s online politics-and-culture magazine, is an oft-cited example of the failed attempts to charge a fee for access to content. So far, for most publishers, it hasn’t worked.

But nothing on the Web is a done deal. In September graphics-soft-ware powerhouse Adobe announced new applications that integrate commerce into downloading books and articles online, with Simon & Schuster, Barnes and Noble, and Salon. corn among its high-profile partners. Some analysts put the market for digitized publishing at more than $100 billion. Of course, if the Internet can generate that kind of money—some might say almost any kind of money—people want in. And this couldn’t come at a better time. Newspaper and magazine writers in particular are increasingly frustrated by their publishers, which post their writings online but frequently don’t pay them extra.

So here’s the good news: Fathrain. com, the third biggest book-seller on the Net—after Amazon. com and Barnesandnoble. corn—is now doing just what the publishing industry that made it a success fears., it’s offering a secure way to pay for downloadable manuscripts online. Fatbrain calls it offshoot eMatter. With it, the company’s executives have the radical notion of ousting publishers from the book-selling business altogether by giving writers 50% of each and every sale (To reel in authors, eMatter is running a 100% royalty promotion until the end of the year. ) Suggested prices to consumers range from a minimum $ 2 to $ 20, depending on the size of the book to download.

"This will change publishing forever!" Chris MaeAskill, co-founder and chief executive of Fatbrain, declares with the bravado of an interior decorator. "With eBay, anybody could sell antiques. Now anybody can be published. "

There’s been no shortage of authors wanting in. Within a few weeks, according to the company, some 2,000 writers signed on to publish their works. Some of this is technical stuff—Fatbrain got where it is by specializing in technical books—but there are some well-known writers like Catherine Lanigan, author of Romancing the Stone, who has put her out-of-print books and a new novella on the site. Another popular draw is Richard Bach, who agreed to post a 23-page short story to the site.

Not everyone thinks downloadable documents are the biggest thing in publishing since Oprah’s Book Club. "I think it will appeal to sellers more than buyers," says Michael May, a digitalcommerce analyst at Jupiter Communications, which released a report that cast doubt on the market’s potential. "A lot of people are going to publish gibberish. The challenge is to ensure the quality of the work. "

Blaine Mathieu, an analyst at Gartner Group’s Dataquest, says, "Most people who want digital content want it immediately, I don’t know if this model would satisfy their immediate need. Even authors may not find that Web distribution of their works is going to bring them a pot of gold. For one thing, it could undermine sales rather than enhance them. For another, anybody could e-mail downloaded copies of manuscripts around town or around the world over the Net without the writer’s ever seeing a proverbial dime. " Softlock. com, Authentica and Fatbrain are trying to head this problem off by developing encryption padlocks that would allow only one hard drive to receive and print the manuscripts. For now, the problem persists.

What is implied in the passage about the publishers’ practice now()

A. They are willingly engaged in the e-publishing business

B. They usually do not pay extra royalty for their e-versions

C. They can publish anyone’s works on Net

D. They lack the sense of responsibility for their authors