问题 单项选择题

下列哪些选项不属于行为人的法律认识错误( )

A.将自己的梦幻行为认为是犯罪

B.将自己犯罪而免除刑事处罚的行为,不认为是犯罪

C.对法律上应当被判处管制的行为,行为人不认为是犯罪

D.对法律上应定的罪名及应判处的刑罚的轻重认识有错

答案

参考答案:A

解析:刑法上的认识错误,是指行为人对自己行为在法律上的意义有不正确理解或者有关客观事实存在的不正确认识。行为人的认识错误既可能影响罪过的有无与罪过的形式,也可能影响行为人所实施的犯罪是既遂还是未遂,还可能影响共同犯罪的成立与否。刑法上的认识错误在理论上一般可分为法律认识错误和事实认识错误。  法律认识错误,是指行为人在有意识地实施某种行为时,对自己的行为在法律上是否构成犯罪、构成何罪、应当受到怎样的处罚的错误认识。  对法律认识错误的处理原则是:不免罪责。行为人这种错误不影响定罪量刑,原因在于作为公民应当知道法律,不知法律不是一个可接受的辩解理由。

填空题
阅读理解

Most people buy a lot of gifts just before Christmas. But some people think we buy too much. They have started a special day called Buy Nothing Day. They don’t want anyone to go shopping that day.

Buy Nothing Day is November 29. It’s 25 days before Christmas. It’s after Thanksgiving and often the first day of Christmas shopping. At this time, we see ads in newspapers and on TV telling us to “buy, buy, buy!”

The idea for Buy Nothing Day started in Vancouver, British Columbia. Now people all over the world celebrate Buy Nothing Day. In California, parents and children get together to read stories, sing songs, and paint pictures. The children talk about why they don’t need a lot of toys. This year, in Manchester, England, people dressed up to tell people that we buy too much.

In Albuquerque, New Mexico, high school students wanted to tell other students about Buy Nothing Day. They organized a spaghetti dinner to give people information about Buy Nothing Day. They asked restaurants in the neighborhood to donate the food. They made posters and talked to other students about it. The dinner was a big success, and many students agreed not to buy anything on November 29. The students at high school liked the idea of this new tradition. Next year, they want to have another dinner to tell more people about Buy Nothing Day!

小题1:Which of the following is NOT the day for people to celebrate Buy Nothing Day?

A.The first day after Christmas.

B.25 days before Christmas.

C.After Thanksgiving.

D.November 29小题2:When do people usually do shopping?

A.Before Thanksgiving.

B.On Christmas.

C.Anytime.

D.Before Christmas.小题3:How do people celebrate Buy Nothing Day?

A.In California, parents and children get together to play games.

B.In England, people celebrated by performing plays.

C.They bought nothing and made the others decide not to.

D.In Mexico, high school students dressed up.