问题 问答题 论述题

被告人张某,女,21岁,某厂工人。

一天傍晚,张某路过吴某(男,26岁,无业)家门口时向吴某问路。吴某见张某单身一人,认为有机可乘,便以带路为名,将张某骗至防洪堤上,提出要与张某发生性关系。张某说:“不要这样,哪怕我叫你哥也行。”吴某说:“你叫我啥也不行,反正我要和你玩一下。”说着就去搂抱张某,张某向前跑开。吴某追上张某将其推倒在地,并抽了张某两巴掌,然后左手用力掐住张某的双手,右手撕扯张某的裙子和内裤。张某见状,知道武力反抗没有用,便以哀求的语气说:“我答应你就是了,别把衣服扯乱了,我还要去上班呢,我自己脱。”吴某以为张某害怕了,便放开张某。张某站起来将内裤脱下后,便要吴某脱光衣服。当吴某将外裤连同内裤一并褪到小腿肚时,张某突然上前将吴某推了一把,吴某站立不稳,滚下防洪堤,跌入河中。张某随即抓起内裤,顾不得穿上,便跑到附近的治安联防队报案。当联防队员赶至河边,将吴某找到时,吴某已溺水身亡。

试分析:张某的行为属于什么性质的行为?是否构成犯罪?为什么?

答案

参考答案:

1.张某的行为属于正当防卫,不负刑事责任。

2.正当防卫是指为了使国家、公共利益、本人或者他人的人身、财产和其他权利免受正在进行的不法侵害,而采取的制止不法侵害,对不法侵害人造成损害的行为。

根据我国刑法规定,对正在进行行凶、杀人、抢劫、强 * * 、绑架以及其他严重危及人身安全的暴力犯罪采取防卫行为,造成不法侵害人伤亡的,不属于防卫过当,不负刑事责任。

3.本案中,吴某采取暴力手段实施强 * * 犯罪,张某在人身权利受到严重侵害的情况下,为求脱身,用计将吴某推下河堤,虽造成吴某溺水死亡,但其行为并无不当,完全符合刑法关于正当防卫过程中特别防卫权的规定,因此属于正当防卫,不负刑事责任。

阅读理解

There is no doubt that adults, and even highly educated adults, vary greatly in the speed and efficiency of their reading. Some proceed very lowly throughout; others dash along too quickly and then have to regress. Poor readers in particular may lack the ability to vary their manner of reading according to the type of reading matter and to their intentions in reading it. A good reader can move at great speed through the text of a novel or similar light reading matter. He may be able to skim a page, picking up a word or two here and there, and gain a general idea of what the text is about without really reading it. In reading more difficult material, with the intention of taking in the whole of it, he will proceed more slowly, but even then he will vary his pace, concentrating on the key words and passages, perhaps re-reading them several times and pass more quickly over the remainder. A less efficient reader tends to maintain the same speed whatever the material he reads. Consequently, even light reading matter gives him little pleasure because he reads so slowly. But this pace may be too fast for really difficult material which requires special concentration at difficult points.

A type of reading which necessitates(需要) careful attention to detail is proofreading, in which the reader, in order to detect misprints in a sample print, has to notice not so much the meaning of what he reads as the exact shape and order of letters and words in the text. This is extremely difficult for most people, since they are accustomed to overlooking such details. In fact, considerable practice is required to practise this task efficiently and it can be done only by reading very slowly, and by paying comparatively little attention to the general meaning of the text.

68.This article is mainly concerned with ________.

A.the ability to read fast      

B.difference in the speed and efficiency of reading

C.different reading skills      

D.the reading speed of highly educated adults

69.According to the article, there is a difference in reading speed ________.

A.among adult readers

B.among young educated people

C.among readers who have different experiences

D.between the poorly educated and the highly educated

70.The underlined word "regress" can be best replaced by "________".

A.regret         B.stop   C.move slowly       D.go back

71.The author believes a good reader should ________.

A.always read at great speed      

B.read carefully and catch every detail

C.always review the text he has read 

D.change his speed according to the type of text

填空题