问题 单项选择题

下列做法中不违背罪刑法定原则要求的是( )。

A.重法效力溯及既往
B.法律规定不确定的刑罚
C.适用行为后的轻法
D.适用类推解释

答案

参考答案:C

解析: 《刑法》第3条规定了罪刑法定原则:“法律明文规定为犯罪行为的,依照法律定罪处刑;法律没有明文规定为犯罪行为的,不得定罪处刑。”目前,世界各国刑法奉行的大多均为相对罪刑法定原则,而非绝对罪刑法定原则。相对罪刑法定原则的派生原则包括:排斥习惯法、排斥绝对不定期刑、禁止有罪类推、禁止重法溯及既往。相对罪刑法定原则的基本要求是,(一)罪刑法定化,即犯罪和刑罚必须由法律事先加以明文规定,不允许法官的擅断;(二)罪刑实定化,即对构成犯罪的行为和犯罪的具体法律后果,刑法应作出实体性的规定,(三)罪刑明确化,即刑法的条文必须文字表达确切、意思清楚,不得含糊其辞、模棱两可。本题中,选项A、B、D都不符合罪刑法定原则的要求,只有选项C“适用行为后的轻法”即轻法的溯及既往,为相对罪刑法定原则所允许,所以,本题的正确答案是C。

阅读理解

Moving to a new neighborhood,town,state,or even country can be a pretty scary  experience.All you know is that things will be different and chances are you won’t know the kids  at your new school.

The experiences that go with moving make many kids feel nervous and worried.This is perfectly normal but don’t let these emotions overrun your thoughts!You will soon get used to your surroundings and find new friends at your new school.

Leaving old friends and familiar places behind can be difficult.However,as you begin the moving process,keep in mind that saying goodbye to your old house,school,and friends does not mean that you have to forget them or that your farewell is permanent!If you’re moving to a new state or even a different country and won’t see your friends for a long nme,don’t despair.Make sure to ask everyone for their address so you can write them letters.Also,thanks to the  Internet,it is very easy to stay in touch through email or instant messaging technologies.With  your parent’s permission,you can even create a blog or web page to chronicle all of your new  experiences.Include your thoughts,tales of your new adventures,even pictures of new friends,your new house,and new town.Your old friends will love seeing what you are busy with.

Many schools have an orientation program where a student already established at the school shows a new student around for their first week.This can help you to find your way around the school and to make new friends faster.

While moving is tough on kids of any age,high school counselor Karen Turner says moves can be particularly difficult for teens.“I think moving during adolescents is an extremely stressful experience,especially if you are into your junior high or senior year.Students tend to have established a very strong peer network during that period in their lives.Often this has more influence on them even than their families in some cases,and when they are torn from that there’s often resentment (怨气).” However,Turner adds that while moving isn’t easy,there are things that your parents and the school can do to help you cope with the change.

小题1:Who are the intended readers of the passage?

A.Education experts.

B.School teachers.

C.Parents. 

D.Students.小题2:Which of the following is mainly suggested in Paragraph 3?

A.Staying in contact with old friends.

B.Expressing yourself when it is possible.

C.Forming good habits at school.

D.Keeping positive about your new school.小题3:According to the passage,an orientation program________.

A.helps local students in many ways

B.is organized by new students

C.offers help to new students

D.focuses on all the students at school小题4:According to the passage,Karen Turner may agree that________.

A.many parents seem to care little about their children

B.teens can easily be attached to their friends

C.parents should communicate with the school teachers

D.teens tend to behave rudely in a new school小题5:If this passage continues,what would the author further discuss?

A.What a new school is like.

B.why parents move with their children.

C.How parents and the school can help the children.

D.How children can express their anxiety.

多项选择题