问题 多项选择题

以下关于违法行为的说法正确的有:

A.违法行为以违反法律为前提

B.违法行为的成立必须有行为人的故意或过失

C.并非所有的违反道德行为都是违反法律的行为

D.法律上的无效行为都是违法行为

答案

参考答案:A,C

解析:本题考查违法行为。   一般来说,违法行为由以下5个要素组成:(1)违法行为以违皮法律为前提。A项正确。 (2)违法行为必须是某种违反法律规定的行为,包括积极的作为和消极的不作为。(3)违法必须是在不同程度上侵犯法律所保护的社会关系的行为。(4)违法一般必须有行为人的故意或过失。B项太绝对,排除。(5)违法者必须具有法定责任能力或法定行为能力。违法行为与其他一些行为的区别:(1)违法行为与违反道德的行为。有些违反道德的行为并不构成违法。C项正确。(2)违法行为与法律上无效行为。违法行为当然不能发生行为人实施违法行为时所希翼的为法律所肯定的有效结果。但是,法律上无效的行为并非都是违法行为,比如无民事行为能力人实施的民事行为。

阅读理解

阅读理解。

     When people visit Switzerland for the first time, they look with great interest, not only at the mountains

but also at a type of clock-a Cuckoo-clock, on sale there. Cuckoo-clocks are very popular with tourists

looking for a souvenir. A Cuckoo-clock has a small painted cuckoo that comes out near the top of the clock

every half an hour and says, "Cuckoo". Every hour it comes out and says "Cuckoo" the right number of times.

It does not get a sore throat at midnight or mid-day! Children find these clocks wonderful. Adults gradually

get annoyed because the cuckoo never misses an hour or a half hour, and this makes a short sleep in an

armchair rather difficult.

     In Europe, the cuckoo's call is a welcome sign that summer is on the way. This is the time when the

mother cuckoo flies round, looking for a nest (巢) to lay one of her eggs. She chooses a nest belonging to

another bird which already has eggs. When the nest is left unnoticed for a minute or two, the cuckoo rushes

down, lays an egg and hurries off. In this way, she may lay her eggs in as many as four different nests. not

one of which has been built by herself. 

     When a cuckoo egg hatches (孵化), the baby bird is bigger and stronger than the other nestlings. Step by

step, it pushes other baby birds and any unhatched eggs out of the nest. In this way, it receives all the food

from its foster-parents (养父母) and has a better chance of surviving.

1. When tourists first visit Switzerland, _____.

A. they are impressed by the mountains

B. they do not find the mountains interesting

C. the Cuckoo-clocks are more interesting to them than the mountains are

D. they find neither the mountains nor the clocks interesting

2. Which of the followings is NOT true?

A. Cuckoos often lay eggs in other birds' nests.

B. If it's exactly 12 o'clock now, the cuckoo will say "cuckoo" twelve times.

C. The cuckoo does not say"cuckoo" at midnight and mid-day.

D. The adults don't like the Cuckoo-clocks as much as the children.

3. Tourists like to buy Cuckoo-clocks _____.

A. to remind them of a visit

B. because they can tell time exactly

C. to amuse their children

D. because they are cheaper than other clocks

4. Why are Europeans happy to hear the call of the cuckoo?

A. They like to catch and eat this large bird.

B. The bird has a beautiful way of singing.

C. This bird is used to tell the time in Switzerland.

D. It makes them think that warmer weather is coming.

5. What may other birds think when a cuckoo lays an egg in their nest?

A. They push it out of their nest.

B. It seems that they don't know what has happened.

C. They don't like it but cannot do anything about it.

D. They welcome the egg and the young cuckoo.

单项选择题