问题 多项选择题

单某碰倒冯某的行为

A、属于正当防卫

B、属于紧急避险

C、不需负刑事责任

D、需要负刑事责任,但应当减轻或免除处罚

答案

参考答案:B, C

解析:

《刑法》第21条第1款规定,为了使国家、公共利益、本人或者他人的人身、财产和其他权利免受正在发生的危险,不得已采取的紧急避险行为,造成损害的,不负刑事责任。

紧急避险是采用损害一种合法权益的方法以保全另一种合法权益,因此被排除在犯罪之外。《刑法》第21条第2款规定,紧急避险超过必要限度造成不应有的损害的,应当负刑事责任,但是应当减轻或者免除处罚。本题的关键在于,单某的行为属于紧急避险还是避险过当?这里涉及紧急避险的必要限度问题。

由于紧急避险是两种法益之间的冲突,故应以尽可能小的损害去保护另一法益。一般来说,生命法益重于身体法益、身体法益重于财产利益。本案中单某若不进行避险极有可能像金某一样被车撞死,而其避险的结果是造成冯某的身体伤害。

此外,进行法益衡量时,还要考虑危险的紧迫性与重大性、危险源的具体情况、损害行为的程度、当事人的忍受义务等等。因此,综合本案的情况,对于单某不应按避险过当处理,单某对此不负刑事责任。故本题答案是BC。

单项选择题
填空题

Are you looking after yourself


1. Running is an excellent exercise. Before you start running, you should warm up first, using slow movements that make all your muscles work. But be careful! If you stretch when your muscles are cold, you might do yourself an injury. Always wear comfortable clothing and make sure your trainers comfortable and in good shape. If you wear shoes that give good support to your whole feet, you will put less pressure on your knees. You should start exercising slowly, at a pace you can keep up for about 15-20 minutes. Try to exercise on soft ground as this will protect your knees and hips from too much stress.
2. It’s OK if you go to bed late occasionally but if you regularly cut down on your sleep, it will soon start to have a bad effect on your skin. If you get a good night’s rest, it will do your appearance the world of good. It is not called beauty sleep for nothing! Lack of sleep can cause acne or dry skin. Make sure you get a good night’s sleep by going to bed and getting up at regular times: don’t burn the candle at both ends. During the day, keep active: if you don’t get enough exercise during the day, you may end up sleepless all night.
3. Did you know that standing, sitting and walking badly can make you look heavier than you really are If we watched the way we sat and stood, it would improve our appearance a great deal. Stand in front of the mirror with your feet apart and your legs straight. Pull in your tummy, check that your ears, shoulders, hips, knees and ankles are in line with each other. You should be feeling and looking better already.
4. Most of us live in large polluted cities. If we got more fresh air, we would look healthier and more attractive. A brisk walk is one of the best things you can do for your circulation and appearance. Walking slowly is useful but a quick pace gets more oxygen into your lungs. So don’t just go for a pleasant stroll, try and find an area that doesn’t have much pollution, and get moving!
5. Many young people feel guilty about eating too much chocolate, and some even say they are addicted to it, though there is no evidence to support this. Chocolate does contain a lot of fat, and therefore any addicts out there would do better to eat less. However, if your diet is balanced, you needn’t feel guilty: eating chocolate in moderation is free — but don’t eat it instead of a proper meal!
A. A good night’s rest
B. More leisure time
C. Good posture
D. Drug addiction
E. More fresh air
F. Balanced diet
G. Tips for a run

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