问题 单项选择题

根据我国的刑法学说和司法实践,最有可能排除某种犯罪故意的认识错误的是:()

A.法律上的认识错误

B.对象认识错误

C.客体认识错误

D.手段认识错误

答案

参考答案:C

解析:本题考查认识错误问题。法律上的认识错误,是指行为人对自己行为的法律性质有不正确的理解。处理法律上的认识错误的总原则是:行为人的刑事责任依法判定,不因主观上的认识错误而发生变化。因此排除选项A。如果行为人对犯罪对象认识有错误,但是对犯罪客体认识没有错误,则对刑事责任不发生任何影响。据此,排除选项B。手段的认识错误,不影响罪过成立,但是如果危害结果没有发生,行为人只负犯罪未遂的刑事责任。据此,排除选项D。客体认识错误的,则依行为人主观认识的客体种类定罪。比如,甲认为乙包中藏有钱财实施抢劫,而乙包中实际藏有手枪,据此应当排除甲抢劫枪支罪的故意,即应当认定甲构成抢劫罪,而非抢劫枪支罪。因此,选项C应选。

阅读理解

America is a mobile society. Friendships between Americans can be close and real,yet disappear soon if situations change. Neither side feels hurt by this. Both may exchange Christmas greetings for a year or two,perhaps a few letters for a while— then no more. If the same two people meet again by chance,even years later,they pick up the friendship. This can be quite difficult for us Chinese to understand,because friendships between us develop more slowly but then may become lifelong feelings,extending (延伸) sometimes deeply into both families.

Americans are ready to receive us foreigners at their homes,share their holidays,and their home life. They will enjoy welcoming us and be pleased if we accept their hospitality (好客) easily.

Another difficult point for us Chinese to understand Americans is that although they include us warmly in their personal everyday lives,they don’t show their politeness to us if it requires a great deal of time. This is usually the opposite of the practice in our country where we may be generous with our time. Sometimes,we,as hosts,will appear at airports even in the middle of the night to meet a friend. We may take days off to act as guides to our foreign friends. The Americans,however,express their welcome usually at homes,but truly can not manage the time to do a great deal with a visitor outside their daily routine. They will probably expect us to get ourselves from the airport to our own hotel by bus. And they expect that we will phone them from there. Once we arrive at their homes,the welcome will be full,warm and real. We will find ourselves treated hospitably.

For the Americans,it is often considered more friendly to invite a friend to their homes than to go to restaurants,except for purely business matters. So accept their hospitality at home!

小题1:Which of the following statements is TRUE according to the passage?  

A.Friendships between Americans usually extend deeply into their families.

B.Friendships between Americans usually last for all their lives.  

C.Americans always show their warmth even if they are very busy.  

D.Americans will continue their friendships again even after a long break.小题2: From the last two paragraphs we can learn that when we arrive in America to visit an American friend,we will probably be ______.

A.warmly welcomed at the airport

B.offered a ride to his home

C.treated hospitably at his home

D.treated to dinner in a restaurant小题3:The underlined words “generous with our time” in Paragraph 3 probably mean ______.

A.strict with time   

B.willing to spend time  

C.careful with time

D.serious with time小题4:A suitable title for this passage would probably be “______”.

A.Friendships between Chinese

B.Friendships between Americans  

C.Americans’hospitality

D.Americans’and Chinese’s views of friendships

单项选择题