问题 问答题

简述特别累犯的概念和构成条件及累犯的处罚原则。

答案

参考答案:根据《刑法》第66条规定,危害国家安全罪的特别累犯,是指因犯危害国家安全罪受过刑罚处罚,刑罚执行完毕或者赦免以后,在任何时候再犯危害国家安全罪的犯罪分子。其构成条件:(1)前罪与后罪必须均为危害国家安全罪。(2)前罪被判处的刑罚和后罪应判处的刑罚的种类及轻重不受限制。即使前后两罪或者其中之一被判处或者应当判处管制、拘役或者单处某种附加刑,也不影响危害国家安全罪的特别累犯的成立。(3)前罪刑罚执行完毕或者赦免以后,任何时候再犯危害国家安全罪。
我国《刑法》第65条规定了对累犯应当从重处罚的原则。据此,对累犯裁量刑罚,确定其应承担的刑事责任,应注意把握以下几方面的问题:(1)对于累犯必须从重处罚。即无论具备一般累犯的构成条件者,还是具备特别累犯的构成条件者,都必须对其在法定刑的限度以内,判处相对较重的刑罚,即适用较重的刑种或较长的刑期。(2)对于累犯应当比照不构成累犯的初犯或其他犯罪人从重处罚。(3)对于累犯从重处罚,必须根据其所实施的犯罪行为的性质、情节和社会危害程度,确定具体应判处的刑罚,应切忌毫无事实根据地对累犯一律判处法定最高刑的做法。

单项选择题

Young girls at high risk for depression appear to have a malfunctioning reward system in their brains, a new study suggests. The finding comes from research that (1) a high-risk group of 13 girls, aged 10 to 14, who were not depressed but had mothers who (2) recurrent depression and a low-risk group of 13 girls with no (3) or family history of depression. Both groups were given MRI brain (4) while completing a task that could (5) either reward or punishment.

(6) with girls in the low-risk group, those in the high-risk group had (7) neural responses during both anticipation and receipt of the reward. (8) , the high-risk girls showed no (9) in an area of the brain called the dorsal anterior cingulated cortex (背侧前扣带皮质), believed to play a role in (10) past experiences to assist learning.

The high-risk girls did have greater activation of this brain area (11) receiving punishment, compared with the other girls. The researchers said that this suggests that high-risk girls have easier time (12) information about loss and punishment than information about reward and pleasure.

"Considered together with reduced activation in the striatal (纹状体的) areas commonly observed (13) reward, it seems that the reward-processing system is critically (14) in daughters who are at elevated risk for depression, (15) they have not yet experienced a depressive (16) ," wrote Ian H. Gotlib, of Stanford University, and his colleagues. " (17) , longitudinal studies are needed to determine whether the anomalous activations (18) in this study during the processing of (19) and losses are associated with the (20) onset of depression," they concluded. The study was published in the April of the Archives of General Psychiatry.

9()

A.movement

B.sign

C.symbol

D.activation

单项选择题