问题 单项选择题

周律师于2001年取得了律师执业资格,并一直在一家律师事务所担任刑事律师。2005年,周律师为帮助自己的朋友,以非律师身份从事了相关的法律服务,根据周律师的情况,司法行政机关应当依据有关法律如何进行处理

A.不予追究

B.给予相应的处罚

C.给予鼓励

D.判处刑罚

答案

参考答案:B

解析: 本题考点是律师的行政法律责任。
律师的行政法律责任具体表现为司法行政部门所给予的行政处罚。根据《律师法》的规定,对律师的行政处罚分为警告、停止执业、没收违法所得、吊销律师执业证书4种。《律师法》第44条规定,律师有下列行为之一的,由省、自治区、直辖市以及设区的市的人民政府司法行政部门给予警告,情节严重的,给予停止执业3个月以上1年以下的处罚;有违法所得的,没收违法所得:……(11)应当给予处罚的其他行为。司法部《律师和律师事务所违法行为处罚办法》第8条对《律师法》第 44条第(11)项规定的“应当给予处罚的其他行为”做了规定,应当予以处罚的其他行为包括:……(15)执业期间以非律师身份从事法律服务的。结合题目可知,周律师从2001年到2005年一直处于执业期间,他进行相关的法律服务就应当以律师身份参加,所以周律师的做法是错误的,应当受到相应处罚,所以选项AC是不正确的。D项的刑事处罚只能由法院进行,司法行政部门是没有权力对任何人进行刑事处罚的,所以本题的正确答案是B项。

单项选择题
填空题

The first two stages in the development of civilized man were probably the invention of primitive weapons and the discovery of fire, although nobody knows exactly when he acquired the use of the latter.
41) ______ Animals have a few cries that serve as signals, but even the highest apes have not been found able to pronounce words, even with the most intensive professional instruction. The superior brain of man is apparently a necessity for the mastering of speech. When man became sufficiently intelligent, we must suppose that he gradually increased the number of cries for different purposes. It was a great day when he discovered that speech could be used for narrative. There are those who think that in this respect picture language preceded oral language. A man could draw a picture on the wall of his cave to show in which direction he had gone, or what prey he hoped to catch. 42) ______
Two important stages came not so long before the dawn of written history. The first was the domestication of animals; the second was agriculture. Agriculture made possible an immense increase in the number of the human species in the regions where it could be successfully practiced. 43) ______
44) ______
These inventions and discoveries--fire, speech, weapons domestic animals, agriculture, and writing--made the existence of civilized communities possible. From about 3000 B. C. until the beginning of the Industrial Revolution less than two hundred years ago there was no technical advance comparable to these. During this long period man had time to become accustomed to his technique, and to develop the beliefs and political organizations appropriate to it. There was, of course, an immense extension in the area of civilized life. At first it had been confined to the Nile, the Euphrates, the Tigris, and the Indus, but at the end of the period in question it covered much the greatest part of the inhabitable globe. I do not mean to suggest that there was no technical progress during the time. 45) ______ (512 words)
Notes: ape 猿。pastoral nomad 田园式的游牧部落的人。the Euphrates 幼发拉底河。the Tigris底格里斯河。the Indus 印度河。in question 所谈的(在名词后作后置定语)。
[A] Probably picture language and. oral language developed side by side. I am inclined to think that language has been the most important single factor in the development of man.
[B] Another fundamental technical advance was writing, which, like spoken language, developed out of pictures, but as soon as it had reached a certain stage, it was possible to keep records and transmit information to people who were not present when the information was given.
[C] With the development of civilization, primitive people who lived in caves at that time badly needed a language, which would help them to communicate with one another.
[D] The origin of language is also obscure. No doubt it began very gradually.
[E] In fact, there was progress--there were even two inventions of very great importance, namely, gunpowder and the mariner’s compass--but neither of these can be compared in their revolutionary power to such things as speech and writing and agriculture.
[F] These were, at first, only those in which nature fertilized the soil after each harvest. Agriculture met with violent resistance from the pastoral nomads, but the agricultural way of life prevailed in the end because of the physical comforts it provided.
[G] But industry was a step in human progress to which subsequently there was nothing comparable until our own machine age.