问题 单项选择题

根据我国的刑法学说和司法实践,最有可能排除某种犯罪故意的认识错误是()。

A.法律上的认识错误

B.对象认识错误

C.手段认识错误

D.客体认识错误

答案

参考答案:D

解析:

法律上的认识错误,是指行为人对自己行为的法律性质有不正确的理解。处理法律上的认识错误的总原则是:行为人的刑事责任依法判定,不因主观上的认识错误而发生变化,A项法律上的认识错误不可能排除犯罪故意。如果行为人只是对犯罪对象认识的错误,但是对犯罪客体认识没有错误,则不能排除犯罪故意,对刑事责任也不能发生任何影响,B项对象认识错误也不能排除犯罪故意。手段的认识错误,不影响罪过成立,但是可能影响犯罪停止形态,即如果危害结果没有发生,行为人只负犯罪未遂的刑事责任,C项手段认识错误也不可能排除某种犯罪故意。客体认识错误,即行为人意图侵犯一种客体,而实际上侵犯了另一种客体。对于客体认识错误的案件,一般认为应当按照行为人意图侵犯的客体定罪,即依行为人主观认识的客体种类定罪。在客体认识错误的情况下,有可能排除某种犯罪故意。故选D。

阅读理解

In 2006, the UK government started to allow universities in England and Wales to charge British students tuition fees. More than 80 percent of students in England and Wales now take out a student loan in order to go to university. They use the loan (贷款)  to pay for tuition fees, books and living expenses. Although the interest on student loans is quite low, it begins as soon as the student receives the loan. The average student in England and Wales now graduates from university with debts of around £12,000. Students of medicine usually have debts of more than £20,000. That is a lot of money. It means graduates cannot afford to buy a house for many years. They even struggle to pay rent on a flat, because they have to start paying back the student loan after graduating. If you start to earn over £15,000 a year, the government takes repayments directly from your monthly salary. Is it any surprise, therefore, that the average British person does not leave their parents’ home until they are 30 years old?

You might think that a British person with a degree will find it easy to get a well-paid job. However, most people in white-collar jobs seem to have a degree these days, so there is a lot of competition. Also, British companies tend to value work experience over a piece of paper. Like everyone else, graduates usually have to start at the bottom and work their way up. That can be very frustrating for them, since they are often over-qualified for the work they are doing. While at university, they have dreams of getting an exciting, challenging job. Therefore, life after university ends up being quite disappointing for a lot of graduates.

All of the above is beginning to make British people question whether a university degree is really worth the money.

小题1:What's the best title of this passage?

A.What's a University Education worth in the UK?

B.There is a lot of competition in the UK

C.There won't be any University Place left for British students

D.It doesn't cost students more and more to attend university小题2:What's the following is true?  

A.University Education is really worth the money in England

B.University Education is worth all over the world except in England

C.British education is becoming more expensive for a majority of British students

D.British students don't like to go to university小题3:We can infer from the passage ____

A.The average British person didn't leave their parents' home until they are

35 years old

B.Having a degree doesn't get aBritish person a good job

C.Students are graduating without larger and larger debts.

D.things are easier for students from other countries coming to study in the UK without money

小题4:The word "interest" in paragraph2 means_______

A. money paid for a week's work

B. money borrowed from a band

C. a regular monthly salary

D. extra money paid on a loan or bank savings

单项选择题