问题 单项选择题

下列不属于应当减轻或者免除处罚的情节的是:

A.甲在一人对其行凶抢劫但并未危及其生命的情况下用棍棒将其打死

B.乙15周岁,伙同一帮人对出租车司机进行抢劫

C.丙被胁迫参加一个抢劫团伙

D.丁犯盗窃罪后自首且又供出了一批盗窃团伙,成立重大立功

答案

参考答案:B

解析: 本题考点是量刑情节。《刑法》第 20条第2款规定,正当防卫明显超过必要限度造成重大损害的,应当负刑事责任,但是应当减轻或者免除处罚。因此,A选项不符合题意。《刑法》第17条第3款规定,已满14周岁不满18周岁的人犯罪,应当从轻或者减轻处罚。因此,对于乙应当是从轻或减轻处罚,而不是应当减轻或免除处罚。故B选项符合题意。C选项,根据《刑法》第 28条规定,对于被胁迫参加犯罪的,应当按照他的犯罪情节减轻处罚或者免除处罚。因此,C选项不符合题意。D选项的情形属于犯罪后自首又有重大立功表现的情形,因此,D选项也不符合题意。故本题答案是B。

单项选择题
填空题

Some consumer researchers distinguish (1) "rational" motives and "emotional" (or "non-rational") motives. They use the term "rationality" (2) the traditional economic sense that assumes (3) consumers behave rationally when they carefully consider all alternatives (4) choose those that give them the greatest utility (i.e., satisfaction). (5) a marketing context, the term "rationality" implies that the consumer selects goods based (6) totally objective criteria, such (7) size, weight, price, and so on. "Emotional" motives imply the selection of goods (8) to personal or subjective criteria—the desire (9) individuality, pride, fear, affection or status.
The assumption underlying this distinction is (10) subjective or emotional criteria do not maximize utility or satisfaction. (11) , it is reasonable to assume that consumers always attempt to select alternatives that, (12) their view, serve to maximize satisfaction. Obviously, the assessment of satisfaction is a very personal process, based (13) the individual’s own needs as (14) as on past behavioral, social, and learning experiences. What may appear (15) irrational to an outside observer may be perfectly rational (16) the context of the consumer’s own psychological field. For example, a product purchased to enhance one’s self-image (such as a fragrance) is a perfectly rational form of consumer behavior. (17) behavior did not appear rational to the person who undertakes it (18) the time that it is undertaken, obviously he or she would not do it. (19) the distinction between rational and emotional motives does not appear to be warranted.
Some researchers go so far (20) to suggest that emphasis (21) "needs" obscures the rational, or conscious, nature of most consumer motivation. They claim that consumers act consciously (22) maximize their gains and minimize their losses; that they act not (23) subconscious drives but from rational preferences, (24) what they perceive to be (25) their own best interests.