问题 问答题

《唐律疏议·名例律》:“诸年七十以上,十五以下,及废疾,犯流罪以下,收赎。八十以上,十岁以下,及笃疾,犯反、逆、杀人应死者,上请;盗及伤人者,亦收赎。余皆勿论。九十以上,七岁以下,虽有死罪,不加刑”。
(1)这段文字反映了唐律的什么原则其历史渊源是什么
(2)这段文字的基本含义是什么
(3)这一规定在适用时有何意义

答案

参考答案:(1)该段文字反映的是唐律有关刑事责任年龄和老幼废疾减刑的刑罚适用原则。这一原则渊源于西周的“三赦之法”,后世历代予以发展。
(2)该段文字的基本含义是,凡是年龄在70岁以上,15岁以下,以及轻度病残者的,犯流罪以下的,适用赎刑。80岁以上,10岁以下的,以及重病残者,犯谋反、谋大逆和杀人罪应处死刑的,须上请;犯盗罪以及伤人罪,也适用赎刑。其他犯罪均不论处。年龄在90岁以上,7岁以下,即使犯死罪,也不加刑。
(3)唐朝关于刑事责任年龄和老幼废疾减刑原则的规定,体现了唐朝用刑宽缓持平的特点,也体现了唐朝法制的开明。因此,该原则有利于稳定统治秩序和社会秩序。

多项选择题 案例分析题
单项选择题

The Southdale shopping centre in Minnesota has an atrium, a food court, fountains and acres of parking. Its shops include a Dairy Queen, a Victoria’s Secret and a purveyor of comic T-shirts. It may not seem like a landmark, as important to architectural history as the Louvre or New York’s Woolworth Building. But it is. "oh, my god!" chimes a group of teenage girls, on learning that they are standing in the world’s first true shopping mall. "That is the coolest thing anybody has said to us all day. "

In the past half century Southdale and its many imitators have transformed shopping habits, urban economies and teenage speech. America now has some 1,100 enclosed shopping malls, according to the International Council of Shopping Centres. Clones have appeared from Chennai to Martinique. Yet the mall’s story is far from triumphal. Invented by a European socialist who hated cars and came to deride his own creation, it has a murky future. While malls continue to multiply outside America, they are gradually dying in the country that pioneered them.

Southdale’s creator arrived in America as a refugee from Nazi-occupied Vienna. Victor Gruen was a Jewish bohemian who began to design shops for fellow immigrants in New York after failing in cabaret theatre. His work was admired partly for its uncluttered, modernist look, which seemed revolutionary in 1930s America. But Gruen’s secret was the way he used arcades and eye-level display cases to lure customers into stores almost against their will. As a critic complained, his shops were like mousetraps. A few years later the same would be said of his shopping malls.

By the 1940s department stores were already moving to the suburbs. Some had begun to build adjacent strips of shops, which they filled with boutiques in an attempt to re-create urban shopping districts. In 1947 a shopping centre opened in Los Angeles featuring two department stores, a cluster of small shops and a large car park. It was, in effect, an outdoor shopping mall. Fine for balmy southern California, perhaps, but not for Minnesota’s harsh climate. Commissioned to build a shopping centre at Southdale in 1956, Gruen threw a roof over the structure and installed an air-conditioning system to keep the temperature at 75°F (24℃)—which a contemporary press release called "Eternal Spring". The mall was born.

Gruen got an extraordinary number of things right first time. He built a sloping road around the perimeter of the mall, so that half of the shoppers entered on the ground floor and half on the first floor-something that became a standard feature of malls. Southdale’s balconies were low, so that shoppers could see the shops on the floor above or below them. The car park had animal signs to help shoppers remember the way back to their vehicles. It was as though Orville and Wilbur Wright had not just discovered powered flight but had built a plane with tray tables and a duty-free service.

According to the text, which of the following is TRUE()

A. Southdale will be closed soon

B. Shopping malls are flourishing all over the world

C. After long time of prosperity, shopping malls in US is gradually declining

D. Shopping mall is an American creation