问题 单项选择题

下列哪一种情形不成立累犯( )

A.张某犯故意伤害罪被判处有期徒刑3年,缓刑3年,缓刑期满后的第3年又犯盗窃罪,被判处有期徒刑10年

B.李某犯强 * * 罪被判处有期徒刑5年,刑满释放后的第4年,又犯妨害公务罪,被判处有期徒刑6个月

C.王某犯抢夺罪被判处有期徒刑4年,执行3年后被假释,于假释期满后的第5年又犯故意杀人罪被判处无期徒刑

D.田某犯叛逃罪被判处管制2年,管制期满后20年又犯为境外刺探国家秘密罪,被判处拘役6个月

答案

参考答案:A

解析:[考点] 累犯的成立要件 [详解] 《刑法》第65条规定,B项、C项都成立累犯。D项中,根据《刑法》第66条规定,田某成立特别累犯。A项的缓刑属于有条件的不执行刑罚,不成立累犯。

单项选择题

The question of whether war is inevitable is one, which has concerned many of the world’s great writers. Before considering this question, it will be useful to introduce some related concepts. Conflict, defined as opposition among social entities directed against one another, is distinguished from competition, defined as opposition among social entities independently striving for something, which is in inadequate aupply. Competitors may not be aware of one another, while the parties to a conflict are. Conflict and competition are both categories of opposition, which has been defined as a process by which social entities function is the disservice of one another.

Opposition is thus contrasted with cooperation, the process by which social entities function in the service of one another. These definitions are necessary because it is important to emphasize that competition between individuals or groups in inevitable in a world of limited resources, but conflict is not. Conflict, nevertheless, is very likely to occur, and is probably an essential and desirable element of human societies.

Many authors have argued for the inevitability of war from the premise that in the struggle for existence among animal species, 0nly the fittest survive. In general, however, this struggle in nature is competition, not conflict. Social animals, such as monkeys and cattle, fight to win or maintain leadership of the group. The struggle for existence occurs not in such fights, but in the competition for limited feeding areas and for occupancy of areas free from meat-eating animals. Those who fail in this competition starve to death or become victims to other species. This struggle for existence does not resemble human war, but rather the competition of individuals for jobs, markets, and materials. The essence of the struggle is the competition for the necessities of life that are insufficient to satisfy all.

Among nations there is competition in developing resources, trades, skills, and a satisfactory way of life. The successful nations grow and prosper; the unsuccessful decline. While it is true that this competition may induce efforts to expand territory at the expense of others, and thus lead to conflict, it cannot be said that war-like conflict among nations is inevitable, although competition is.

The phrase "function in the disservice of one another" (Para. 1) most probably means()

A. betray each other

B. harm one another

C. help to collaborate with each other

D. benefit one another

判断题