问题 单项选择题

2012年5月,缅甸籍毒贩糯糠在泰国境内制造“湄公河惨案”,杀害了十余名我国船员,后被老挝移送我国受审,我国司法机关关于对于糯糠进行刑事审判的依据是______

A.属地管辖权

B.保护管辖

C.普遍管辖权

D.属人管辖权

答案

参考答案:B

解析: 本题考查刑法空间效力。这道题出得很具有实效性,根据真实案例改编。适用保护原则的条件:(1)外国人犯罪;(2)对中国公民和国家利益的犯罪;(3)最低刑3年以上的可以适用,但犯罪地不受处罚的除外。糯康泰国境内实施犯罪,不在我国进内,显然不能使用“属地管辖”,糯康也不是中国人,显然也不能适用“属人管辖”,糯康在国外侵犯了中国公民和国家安全利益,按照我国刑法最低刑亦在3年以上,且泰国法律也认为其行为是犯罪行为,因此,糯康的行为应适用“保护管辖”。

单项选择题
阅读理解

Most people watching Jeremy Lin these past two months saw Jeremy Lin, New York Knicks star; but I, watching him, saw someone else. That was my elder brother, Bob, who is athletic and energetic. He could never sit still when he was in second grade; he had to get up every now and then and run around the room. And sure enough, he grew up to be a starting player for an N.C.A.A. championship lacrosse(长曲棍球)team. He was a Nike-endorsed marathoner, too, and reached the top of Mt. Everest, unguided, in his 50s.

And yet my family never watched his lacrosse games. We did watch some of his marathons, but that wasn’t until he was in his 20s. When Bob was in his glory days, our Shanghainese-born parents were bent on getting him into medical school. There was a loving aspect to it: I can remember my father working through math books with him, lesson by lesson, at the big blackboard in the attic. Bob never did become a doctor, though; and neither did I. It wasn’t until my younger sister came along that someone in the family finally wore a white coat.

Bob today could be the fittest 58-year-old on the planet. His doctor estimates his biological age at 35; he’s still climbing big mountains in the Himalayas. And, like Jeremy Lin, he’s charming. No one sees Bob without leaving with a laugh. He sometimes jokes he could be mayor of his building, and it’s true. To know him is to cheer for him.

And yet my parents did not cheer for him. What if my mother had sat on the sidelines with her statistics, like Jeremy Lin’s mother? What if my father had played videos of athletes for my brother to watch and imitate? It’s hard not to wonder.

And how did Jeremy Lin’s parents manage to do these remarkable things? Amy Chua, the tiger mother, recalls her immigrant father beating the kids whenever they mispronounced a Chinese word. How is it that Jeremy Lin’s immigrant father in particular, Gie-Ming Lin, encouraged his son to follow such an untraditional path?

小题1:Bob’s glory days were those ________.

A.when he was doing well in math

B.when he was in second grade

C.when he was made mayor of his building

D.when he showed his talents in sports小题2:From the passage we can tell that Bob is ____________.

A.active and optimistic

B.clever and determined

C.brave and helpful

D.considerate and independent小题3:Which of the following statements is probably TRUE?

A.Bob was always ignored by his parents

B.Bob could also have been a sport star.

C.Bob’s parents often watched his games.

D.Nobody in the author’s family was a doctor.小题4:From the last two paragraphs we can infer that ___________.

A.parents should always study together with their children

B.parents should know how to educate their children properly

C.children should be punished when they do anything wrong

D.children should try to live up to the hopes of their parents