问题 单项选择题

张某的次子乙,平时经常因琐事滋事生非,无端打骂张某。一日,乙与其妻发生争吵,张某过来劝说。乙转而辱骂张某并将其踢倒在地,并掏出身上的水果刀欲刺张某,张某起身逃跑,乙随后紧迫。张某的长子甲见状,随手从门口拿起扁担朝乙的颈部打了一下,将乙打昏在地上。张某顺手拿起地上的石头转身回来朝乙的头部猛砸数下,致乙死亡。对本案中张某甲的行为应当如何定性( )

A.张某的行为构成故意杀人罪,甲的行为属于正当防卫

B.张某的行为构成故意杀人罪,甲的行为属于防卫过当

C.张某的行为属于防卫过当,构成故意杀人罪,甲的行为属于正当防卫

D.张某和甲的行为均构成故意杀人罪

答案

参考答案:A

解析:[评析] 正当防卫,是指为了保护国家、公共利益、本人或者他人的人身、财产和其他合法权利免受正在进行的不法侵害,采取对不法侵害人造成损害的方法,制止不法侵害的行为。甲的行为属正当防卫。防卫不适时有两种情况:一是事前加害或事前防卫,一是事后加害或事后防卫。防卫不适时构成犯罪的,应当负刑事责任。乙被打昏后,不法侵害已经结束。因此张某的行为构成故意杀人罪。

阅读理解

After Christmas, I took a job in the clothes department at Graham’s for the first fortnight of the January sale. I can’t say that I enjoyed it, but it was an experience I’ll never forget.

I could never understand why there were so many things in the sales. Now I know the secret! Firstly, there is the special winter stock and the stock that people buy all the year round. Some of these things are slightly reduced. Secondly, there are the summer clothes they couldn’t sell last year; these are heavily reduced to clear them. Thirdly, there are cheap clothes bought in especially for the sales; these are put out at high prices ten days before the sale begins and then are reduced by 60% in the sale. Lastly, they buy in “seconds” for the sale and they are sold very cheaply.

When I arrived half an hour before opening on the first day of the sale, there was already a queue around three sides of the building.

When the big moment arrived to open the doors, the security guards, looking less confident than usual, came up to them, keys in hand. The moment they had unlocked the doors, they hid behind the doors for protection as the noisy crowd charged in. I couldn’t believe my eyes; this wasn’t shopping. It was a battlefield! One poor lady couldn’t keep her feet and was knocked over by people pushing from behind.

Clothes were flying in all directions as people searched for the sizes, colors and styles they wanted. Quarrels broke out. Mothers were using their small children to crawl through people’s legs and get hold of things they couldn’t get near themselves.

Within minutes I had half a dozen people pushing clothes under my nose, each wanting to be the first served. Where had the famous English queue gone? The whole day continued like that, but I kept my temper! I was taking money hand over fist and began to realize why, twice a year, Graham’s were happy to turn their expensive store into a battlefield like this.

In the sale fever, people were spending money like water without thinking if they needed what they were buying. As long as it was a bargain, it was OK.

You won’t believe this, but as soon as I got home, I crashed out for four hours. Then I had dinner and went back to bed, fearing the sound of the alarm which would tell me to get ready for the second day of the sale.

69. What kind of clothes is likely to be sold only a little cheaper according to the passage?

A. Last summer’s clothes.                  B. Clothes not in perfect condition.

C. Clothes bought in specially for the sales.    D. Clothes for winter.

70. Which of the following statements is TRUE according to the passage?

A. The customers gave up the queuing as soon as the sale began.

B. The customers kept their temper while looking for clothes they wanted.

C. Small children were not helpful to their mothers in the sale.

D. The security guards of the clothes department were as confident as usual.

选择题