问题 单项选择题

伪证罪的犯罪主体不包括( )。

A.证人

B.鉴定人

C.记录人

D.辩护人

答案

参考答案:D

解析:《刑法》第305条规定了伪证罪,是指在刑事诉讼中,证人、鉴定人、记录人、翻译人对与案件有重要关系的情节,故意作虚假证明、鉴定、记录、翻译,意图陷害他人或者隐匿罪证的行为。   (1) 本罪主体是特殊主体,只有刑事诉讼中的证人、鉴定人、记录人、翻译人才能成为本罪主体。   (2) 本罪侵犯的客体是司法机关的正常活动。本罪的侵犯对象,既可以是有罪的人,也可以是被怀疑有罪而实际上是无罪的人。   (3) 本罪在主观方面只能表现为直接故意,具有陷害他人或者隐匿罪证的意图。   (4) 本罪在客观方面表现为以下几个方面:   ①必须作虚假的证明、鉴定、记录、翻译。   "虚假"一般包括两种情况:一种是无中生有,捏造或者夸大事实以陷人入罪;一种是将有说成无,掩盖或者缩小事实以开脱罪责。   行为的方式没有限制,如在口头陈述中作虚假陈述,在文字鉴定中作虚假鉴定,不记录或者擅自增添重要事实,在笔译或者口译中作虚假翻译等。   ②必须是对与案件有重要关系的情节作虚假的证明、鉴定、记录、翻译。   这里的"案件"只限刑事案件,在民事案件中作伪证的,不成立本罪。   "与案件有重要关系的情节",是指对案件结论有影响的情节,即对是否构成犯罪、犯罪的性质、罪行的轻重、量刑的轻重具有重要关系的情节。   伪证行为只要足以影响案件结论即可,不要求实际上影响了案件结论。   ③必须是在刑事诉讼的过程中作虚假的证明、鉴定、记录、翻译,即在立案侦查后、审判终结前的过程中作伪证。

阅读理解

I was eight when my neighbors got a TV. It was small and expensive, but that didn’t matter. IT WAS WONDERFUL. Everyone in the building came up to the fifth floor to see this latest wonder of the modern world. That was in 1948.

Soon, a lot of people got a TV, but not us. My parents didn’t think it was good for children. Being a good son, I didn’t argue with them. But I secretly watch TV—at my friends’ homes.

By 1955, televisions weren’t so expensive and were much larger. My parents still thought they were not good for us, but my sisters insisted, saying they were the only people in the neighborhood who didn’t have one. All their friends talked about certain programs and actors, but they couldn’t. Their friends laughed at them, which made them feel very unhappy. My youngest sister cried, saying she was never going back to school and that life without a TV wasn’t worth living. Nothing my parents said made her feel better. The next morning, without telling us, they went out and got a new TV.

When we were young our parents allowed us to watch TV for two hours a night. And we couldn’t watch until our homework was finished. But after a year or two, TV wasn’t exciting or new anymore. It became just another part of our lives like shoes or soap. My parents still had fears about TV. We were going to forget how to read, and TV was going to fill our minds with violence, they said.

Today people still argue about the value of TV. Nobody can deny the power of TV, which has a powerful influence on our lives. On average, Americans spend 30 hours a week watching TV. Is this influence good or bad? This is an unanswerable question indeed: It is hard enough to measure influence; and it is even harder to decide what is good and what isn’t. What is good, I suppose, is that many people are concerned about TV’s influence and that we have the power to change what we don’t like.

The people of Monhegan Island, 18 kilometers away off the coast of Maine, don’t have electricity, and they decided; once again, that they liked that way. Electricity, they think, would make life too easy and spoil their way of life. Maybe the young people wouldn’t want to go to town dances anymore. Maybe they would be more interested in staying at home and watching TV.

小题1:How old was the author, when their family got a TV?

A.About 15.

B.8.

C.18.

D.About 10.小题2:The author’s parents finally decided to buy a TV because _______.

A.they wanted to meet their daughters’ needs .

B.the children couldn’t go to school without a TV

C.the sisters would like to be like their friends

D.they had to do as the youngest daughter told them to小题3:The author thinks “to judge whether a TV’s influence is good or bad” is ________.

A.concerning

B.hard

C.meaningless

D.important小题4:The last paragraph is written to show ________.

A.the disadvantage of TV

B.TV influences people a great deal

C.the advantage of TV

D.we can change what we don’t like

填空题