问题 不定项选择

某市监狱管教员秦某受亲友之托,答应帮忙办理因故意伤害罪被判处有期徒刑10年(已执行8年)刘某的假释,秦某接受请托之后,伪造了证明材料,证明刘犯在狱中的表现符合假释条件。1999年秦某找到其在市法院工作的同学杜某,要求其裁定刘犯假释。杜某向秦某询问罪犯是否符合假释条件,秦某回答"没问题"。杜某说:"我问的是材料真假。"秦某说:"真假你别管,那人是我亲戚,保证出不了事;"于是杜某仅凭秦某上报的材料,为刘某作了假释裁定。事后秦某接受请托人的现金5万元。刘犯被假释出以后于 2000年3月因强 * * 罪被抓获归案。对刘某正确的处理是:( )

A.将刘某因强 * * 应当判处的刑罚与10年有期徒刑合并执行

B.在刘某因强 * * 应当判处的刑罚与10年有期徒刑之和以下,2年有期徒刑上决定应执行的刑罚。已经执行的刑罚继续有效

C.在刘某因强 * * 应当判决的刑罚与2年有期徒刑之和以下,因强 * * 应当判决的刑罚以上决定应执行的刑罚

D.刘某系累犯,应当从重从罚

答案

参考答案:C

解析:根据《刑法》第86条规定,被假释的犯罪分子,在假释考验期限内犯新罪,应当撤销假释,依照《刑法》第71条的规定实行数罪并罚。《刑法》第71条规定,判决宣告以后,刑罚执行完毕以前,被判刑的犯罪分子又犯罪的,应当对新犯的罪作出判决,把前罪没有执行的刑罚和后罪所判处的刑罚,在总和刑期以下、数刑中最高刑期以上,酌情决定执行的刑期。据此应选C项。假释考验期内又犯新罪的不构成累犯,故不能选D项。

阅读理解

阅读理解。

                                                       How Long Can People Live?

     She took up skating at age 85, made her first movie appearance at age 114, and held a concert in the

neighborhood on her 121 st birthday.

     When it comes to long life, Jeanne Calment is the world's recordholder. She lived to the ripe old age of

122. So is 122 the upper limit to the human life span (寿命)? If scientists come up with some sort of pill or

diet that would slow aging, could we possibly make it to 150-or beyond?

     Researchers don't entirely agree on the answers. "Calment lived to 122, so it wouldn't surprise me if

someone alive today reaches 130 or 135," says Jerry Shay at the University of Texas.

     Steve Austad at the University of Texas agrees."People can live much longer than we think," he says.

"Experts used to say that humans couldn't live past 110. When Calment blew past that age, they raised the

number to 120. So why can't we go higher?"

     The trouble with guessing how old people can live to be is that it's all just guessing."Anyone can make

up a number,"says Rich Miller at the University of Michigan. "Usually the scientist who picks the highest

number gets his name in Time magazine."

     Won't new anti-aging techniques keep us alive for centuries? Any cure, says Miller, for aging would

probably keep most of us kicking until about 120. Researchers are working on treatments that lengthen the

life span of mice by 50 percent at most. So, if the average human life span is about 80 years, says Miller,

"adding another 50 percent would get you to 120."

    So what can we conclude from this little disagreement among the researchers? That life span is flexible

(有弹性的), but there is a limit, says George Martin of the University of Washington." We can get flies to

live 50 percent longer,"he says. "But a fly's never going to live 150 years."Of course, if you became a new

species (物种), one that ages at a slower speed, that would be a different story, he adds.

     Does Martin really believe that humans could evolve (进化)their way to longer life?"It's pretty cool to

think about," he says with a smile.

1. What does the story of Jeanne Calment prove to us?

A. People can live to 122.

B. Old people are creative.

C. Women are sporty at 85.

D. Women live longer than men.

2. According to Steve Austad at the University of Texas, ______.

A. the average human life span could be 110

B. scientists cannot find ways to slow aging

C. few people can expect to live to over 150

D. researchers are not sure how long people can live

3. Who would agree that a scientist will become famous if he makes the wildest guess at longevity?

A. Jerry Shay.

B. Steve Austad

C. Rich Miller

D. George Martin

4. What can we infer from the last three paragraphs?

A. Most of us could be good at sports even at 120.

B. The average human life span cannot be doubled

C. Scientists believe mice are aging at a slower speed than before.

D. New techniques could be used to change flies into a new species

单项选择题