问题 单项选择题

2003年6月1日是某甲(14周岁)和某乙 (16周岁)的生日,两人上年—起去某网吧上网,因欠网吧钱遭受老板奚落,心怀恨意,遂在下年买了两桶汽油浇在网吧门口,刚点燃便害怕了,遂喊了一声“救火呀”便逃跑了,后来因为群众发现及时,将火扑灭了。
根据上述案例,请回答以下问题:

下列有关死刑复核程序的表述正确的是: ( )

A.死刑立即执行案件一律报请最高人民法院核准。

B.2006年12月31日之前,各高级法院和解放军军事法院已经核准的死刑立即执行的判决、裁定,由核准的法院院长签发执行死刑的命令

C.死刑案件必须达到事实清楚、证据确实充分、定罪准确、量刑适当,但对审判程序合法性问题可适度降低要求

D.某中级人民法院对毛某故意杀人一案审理后,判处毛某死刑,剥夺政治权利终身,被告人不上诉、人民检察院也没有抗诉,上诉、抗诉期满后该中院报请省高院复核,高级人民法院不同意判处死刑,遂撤销一审判决予以改判

答案

参考答案:B

解析:[考点] 死刑立即执行案件的核准
2006年10月31日,十届全国人大常委会第二十四次会议通过了《关于修改{中华人民共和国人民法院组织法)的决定》 (以下简称《修改法院组织法的决定》),对《人民法院组织法》第13条规定的死刑复核权“最高人民法院在必要的时候;得授权省、自治区、直辖市的高级人民法院行使”的规定修改为“死刑除依法由最高人民法院判决的以外,应当报请最高人民法院核准。”所以A项错误。依据《最高人民法院关于统一行使死刑案件核准权有关问题的决定》,2006年12月31日以前,各高级人民法院和解放军军事法院已经核准的死刑立即执行的判决、裁定,依法仍由各高级人民法院、解放军军事法院院长签发执行死刑的命令。所以B项正确。肖扬在2006年12月15日最高法院刑事法官大会上指出,确保死刑案件的审判质量,对每一起死刑案件都做到事实清楚、证据确实充分、定罪准确、量刑适当、审判程序合法,经得起历史检验。可见,c项错误。根据《高法解释》第 275条规定,中级人民法院判处死刑的第一审案件,被告人不上诉、人民检察院不抗诉的,在上诉、抗诉期满后三日内报请高级人民法院复核。高级人民法院同意判处死刑的,应当依法作出裁定后,报请最高人民法院核准;不同意判处死刑的,应当提审或者发回重新审判。所以D项中直接撤销一审判决予以改判是错误的。综上,本题选B。

单项选择题
单项选择题

A study released a little over a week ago, which found that eldest children end up, on average, with slightly higher IQ’s than younger siblings, was a reminder that the fight for self-definition starts much earlier than freshman year. Families, whatever the relative intelligence of their members, often treat the firstborn as if he or she were the most academic, and the younger siblings fill in other niches: the wild one, the flirt.

These imposed caricatures, in combination with the other labels that accumulate from the sandbox through adolescence, can seem over time like a miserable entourage of identities that can be silenced only with hours of therapy. But there’s another way to see these alternate identities: as challenges that can sharpen psychological skills. In a country where reinvention is considered a birthright, many people seem to treat old identities the way Houdini treated padlocked boxes: something to wriggle free from, before being dragged down. And psychological research suggests that this ability can be a sign of mental resilience, of taking control of your own story rather than being trapped by it.

The late-night bull sessions in college or at backyard barbecues are at some level like out-of-body experiences, allowing a re-coloring of past experience to connect with new acquaintances. A more obvious outlet to expand identity—and one that’s available to those who have not or cannot escape the family and community where they’re known and labeled—is the Internet. Admittedly, a lot of the role-playing on the Internet can have a deviant quality. But researchers have found that many people who play life-simulation games, for example, set up the kind of families they would like to have had, even script alternate versions of their own role in the family or in a peer group.

Decades ago the psychologist Erik Erickson conceived of middle age as a stage of life defined by a tension between stagnation and generativity-a healthy sense of guiding and nourishing the next generation, of helping the community. Ina series of studies, the Northwestern psychologist Dan P. McAdams has found that adults in their 40s and 50s whose lives show this generous quality—who often volunteer, who have a sense of accomplishment—tell very similar stories about how they came to be who they are. Whether they grew up in rural poverty or with views of Central Park, they told their life stories as series of redemptive lessons. When they failed a grade, they found a wonderful tutor, and later made the honor roll; when fired From a good job, they were forced to start their own business.

This similarity in narrative constructions most likely reflects some agency, a willful reshaping and re-imagining of the past that informs the present. These are people who, whether pegged as nerds or rebels or plodders, have taken control of the stories that form their identities.

In conversation, people are often willing to hand out thumbnail descriptions of themselves:" I’m kind of a hermit." Or a talker, a practical joker, a striver, a snob, a morning person. But they are more likely to wince when someone else describes them so authoritatively.

Maybe that’s because they have come too far, shaken off enough old labels already. Like escape artists with a lifetime’s experience slipping through chains, they don’t want or need any additional work. Because while most people can leave their family niches, schoolyard nicknames and high school reputations behind, they don’t ever entirely forget them.

The author mentioned Houdini in the text to()

A. tell readers how he treated the padlocked boxes

B. introduce the topic of IQ differences between siblings

C. illustrate the point that previous identities can be remade

D. explain how to sharpen one’s psychological skills