问题 多项选择题

《刑法》第358条规定,组织他人卖淫或者强迫他人卖淫的,处5年以上10年以下有期徒刑,并处罚金。冯某组织同性卖淫。法院在审理过程中,由于对“卖淫”的理解产生分歧,从而在冯某是否构成犯罪上发生了争议。法官甲认为,同性之间进行性交易属于本条款规定的卖淫,立法者设置此罪之旨意,就是因为该行为为社会丑恶现象,有伤社会风化;而同性之间卖淫同样有伤社会风化,应当为刑法所禁止,立法者的立法意图就是如此。法官乙认为依据词源和社会公众的一般理解,卖淫是男女异性之间进行的钱财与肉体的交易,同性之间无“淫”可卖,因而同性之间进行性交易不属于本条款规定的卖淫。并且《刑法》中对组织同性卖淫行为没有明确界定。按照“法无明文规定不为罪”的刑事法律原则,冯某的行为难以定罪,对此,下列哪些说法是错误的( )。

A.法官甲对《刑法》第358条规定的解释是一种体系解释

B.法官甲对《刑法》第358条规定的解释是一种目的解释

C.法官乙对《刑法》第358条规定的解释是一种文义解释

D.虽然法律解释的方法有多种,但是法官经常选择其中一种进行解释

答案

参考答案:A,D

解析: 在一些有争议的法律问题上,解释者往往同时使用多种方法。就在本案中,法官乙对《刑法》第358条规定进行文义解释外,还运用了目的解释的方法。

阅读理解

阅读理解。

      For those who are tired doing the laundry, Samsung has found an answer: a washing machine that can

tell you when your laundry is done via a smartphone app(application).

     Strange though it may seem - "my wife already does that" was a common response among attendees

viewing the device when it was introduced at the Consumer Electronics Show (CES) this week - Samsung is just one of many appliance makers racing to install (安装) a large number of internet-connected features in machines in an effort to make them "smart".

     Last year, it was a refrigerator that tweeted. This year, it's Wi-Fi-enabled laundry machines and fridges that can tell you when your groceries are going bad.

     The washers and dryers, available starting in the spring, connect to any smartphone through a downloadable application. The phone can then be used as a remote control, so the machines can be turned on and off while their owners is at work or on the bus.

     Samsung says it's not just something new - the app connection actually has some practical uses.

     "If you started to dry clothes in the morning and forgot to take them out, you can go to your phone and restart your dryer for the time when come home, so your clothes are refreshed and ready to go," said

spokesperson Amy Schmidt.

     The company also says that with electricity rate (电价) varying depending on the time of day, more

control over when the machines are used can help save money.

     Perhaps, but what they will probably really accomplish is what all good technologies do -enable

laziness. Rather than getting up to check on whether the laundry is done, users will instead monitor it on

their phones while watching TV.

1. What can be inferred from the common response of the attendees at the CES?

A. The machine will be a big success.

B. their wives like doing the laundry.

C. The machine is unrelated to their life.

D. This kind of technology is familiar to them.

2. What can we learn about the new laundry machines?

A. They can tell you when your clothes need washing

B. They can be controlled with a smartphone

C. They are difficult to operate

D. They are sold at a low price

3. We can conclude form Samsung's statements that ___________.

A. the app connection makes life easier

B. it is better to dry clothes in the morning

C. smartphone can shorten the drying time

D. we should refresh clothes back at home

4. What is the main idea of the last paragraph?

A. The laundry should be frequently checked

B. Lazy people like using such machines

C. Good technologies also cause problems

D. Television may help do the laundry.

单项选择题