问题 单项选择题

违法性的错误是指行为人认识到了符合客观构成要件的事实,但不知道自己的行为被法律所禁止的情形,下列关于违法性的错误与事实的错误的论述,错误的是哪一选项

A.甲某在山中打猎,看到一个黑影在前面挪动,误以为是猎物而开枪射击,事后发现是猎人李某,这属于事实的错误

B.行为人认识到自己的所有物在国家机关的管理之中,但认为可以随时擅自取回该物的,属于事实认识错误

C.假想防卫、假想避险是一种事实认识错误

D.认定存在违法性错误的回避可能性的判断基准,不是“一般人”,而是具体情况下的“行为者本人的个人的能力”

答案

参考答案:B

解析: 就规范的构成要件要素而言,对法律的事实本身的错误,属于事实认识错误,对自己行为的法律评价的错误属于法律认识错误。所以B项应为法律认识错误。一般来说,关于客观构成要件该当事实的错误、关于排除犯罪事由的前提事实的错误,以及法律的事实的错误,是事实的错误;关于规范的评价的错误,是违法性(法律)的错误。

阅读理解

根据短文内容, 从短文后的选项中选出能填入空白处的最佳选项。选项中有两项为多余选项。

What is your favourite colour? Do you like yellow, orange, red?   小题1:  . Do you prefer greys and blues? Then you are probably quiet, shy, and you would rather follow than lead. You tend to be pessimist(悲观主义者). At least, this is what psychologists tell us, and they should know, because they have been seriously studying the meaning of colour preference, as well as the effect that colours have on human beings. 小题2:   . If you happen to love brown, you did so, as soon as you opened your eyes, or at least as soon as you could see clearly.

   小题3:   . A yellow room makes most people feel more cheerful and more relaxed than a dark green one; and a red dress brings warmth and cheer to the saddest winter day.   小题4:  . A black bridge over the Thames River, near London, used to be the scene of more suicides(自杀) than any other bridge in the area---until it was repainted green. The number of suicide attempts immediately fell sharply. Perhaps it would have fallen even more if the bridge had been done in pink or baby blue.

  小题5:  . It is an established fact that factory workers work better, harder, and have fewer accidents when their machines are painted orange rather than black or grey.

A.On the other hand, black is depressing.

B.They tell us, among other facts, that we do not choose our favourite colour as grow up --- we are born with our preference.

C.The rooms are painted in different colours as you like.

D.If you do, you must be an optimist(乐观主义者), a leader, an active person who enjoys life, people and excitement.E. Light and bright colours make people not only happier but more active.

F. Life is like a picture or a poem, full of different colours.

G. Colours do influence our moods---there is no doubt about it

多项选择题