问题 单项选择题

律师甲在代理一起民事诉讼案件时,编造了一份对自己代理的一方当事人有利的虚假证言,指使证人乙背熟以后向法庭陈述,致使本该败诉的己方当事人因此而胜诉。甲的行为构成何罪( )

A.妨害作证罪

B.诉讼代理人妨害作证罪

C.伪证罪

D.帮助伪造证据罪

答案

参考答案:A

解析:本题涉及诉讼代理人妨害作证罪与妨害作证罪的区别。伪证罪和诉讼代理人妨害作证罪必须发生在刑事诉讼中,BC予以排除。行为人积极指示证人做虚假陈述,而不是单纯帮助伪造证据,所以应该成立妨害作证罪。

问答题 简答题
单项选择题

What’s your earliest childhood memory Can you remember learning to walk Or talk The first time you heard thunder or watched a television program Adults seldom (1) events much earlier than the year or so before entering school, (2) children younger than three or four (3) retain any specific, personal experiences.

A variety of explanations have been (4) by psychologists for this "childhood amnesia". One argues that the hippo-campus; the region of the brain which is (5) for forming memories, does not mature until about the age of two. But the most popular theory (6) that, since adults don’t think like children, they cannot (7) childhood memories. Adults think in words, and their life memories are like stories or (8) one event follows (9) as in a novel or film. But when they search through their mental (10) for early childhood memories to add to this verbal life story, they don’t find any that fit the (11) . It’s like trying to find a Chinese word in an English dictionary.

Now psychologist Annette Simms of the New York State University offers a new (12) for childhood amnesia. She argues that there simply aren’t any early childhood memories to (13) . According to Dr. Simms, children need to learn to use someone else’s spoken description of their personal (14) in order to turn their own short-term, quickly forgotten (15) of them into long-term memories. In other (16) , children have to talk about their experiences and hear others talk about (17) --Mother talking about the afternoon (18) looking for seashells at the beach or Dad asking them about their day at Ocean Park. Without this (19) reinforcement, says Dr. Simms, children cannot form (20) memories of their personal experiences.

Notes: childhood amnesia 儿童失忆症。

16()

A.senses

B.cases

C.words

D.aspects