问题 单项选择题

李某驾驶载员30人的大客车以正常速度沿公路驶向码头,行至离江边29米的斜坡上时,总泵皮碗突然破裂、刹车失灵(行为人在开车前已按照规定全面对汽车作了检查,未发现任何问题),李某连踩了3下脚闸,并立即拉了手闸,均不能把车刹住。李某想到,如果驾驶汽车左拐就要坠落在8米深的公路上,造成车毁人亡,如向右急拐弯,右方有汽车和许多行人,势必造成更多人伤亡。于是只好驾车俯冲入江,结果撞死江边行人 1名,车上有4名乘客被淹死,李某和26名乘客得救。经技术鉴定,总泵皮碗破裂致使刹车失灵纯属机械故障。对李某的行为应如何认定( )

A.紧急避险

B.交通肇事罪

C.应负刑事责任

D.意外事件

答案

参考答案:D

解析:[考点] 紧急避险的认定
紧急避险的条件包括,合法权益面临现实危险;危险正在发生;出于不得已而损害另一合法权益;具有避险意识;没有超过必要限度造成不应有的损害。本案中,李某具备紧急避险的条件,但以5条生命换取26名乘客和自己的生命,按我国刑法规定是以生命换取生命,具有等价性,仍不能满足紧急避险所获利益应大于所损利益的限度条件,因此不能成立紧急避险。但是,在主观上,李某没有预见也不可能预见总泵皮碗破裂,而且在刹车失灵后,采取了一切措施,尽了最大的努力,也没能阻止危害结果的发生,所以,李某对结果的发生在主观上既无故意也无过失,属于意外事件,不应负刑事责任。

阅读理解

Going green seems to be fad(时尚)for a lot of people these days. Whether that is good or bad, we can’t really say, but for the tow of us, going green is not a fad but a lifestyle.

On April22, 2011, we decided to go green every single day for an entire year. This meant doing 365 different green things, and it also meant challenging ourselves to go green beyond easy things. Rather than recycle and reduce our energy, we had to think of 365 different green things to do and this was no easy task.

With the idea of going green every single day for a year, Our Green Year started. My wife and I decided to educate people about how they could go green in their lives and hoped we could show people all the green things that could be done to help the environment. We wanted to push the message that every little bit helps.

Over the course of Our Green Year, we completely changed our lifestyle. We now shop at organic(有机的)stores. We consume less meat, choosing green food. We have greatly reduced our buying we don’t need. We have given away half of what we owned through websites. Our home is kept clean by vinegar and lemon juice, with no chemical cleaners. We make our own butter, enjoying the smell of home-made fresh bread. In our home office anyone caught doing something ungreen might be punished.

Our minds have been changed by Our Green Year. We are grateful for the chance to have been able to go green and educate others. We believe that we do have the power to change things and help our planet.

小题1:What might be the best title for the passage?

A.Going Green.

B.Protecting the Planet.

C.Keeping Open-Minded

D.Celebrating Our Green Year.小题2:It was difficult for the couple to live a green life for the whole year because_________.

A.they were expected to follow the green fad

B.they didn’t know how to educate other people

C.they were unwilling to reduce their energy

D.they needed to perform unusual green tasks小题3:What did the couple do over the course of Our Green Year?

A.They tried to get out of their ungreen habits.

B.They ignore others’ ungreen behavior.

C.They chose better chemical cleaners.

D.They sold their home-made food.小题4:What can we infer form the last paragraph?

A.The government will give support to the green people.

B.The couple may continue their project in the future.

C.Some people disagree with the couple’s green ideas.

D.Our Green Year is becoming a national campaign.

单项选择题 A1/A2型题