问题 单项选择题

小明在单亲家庭中长大,现在上高二。一次放学途中小明被李刚欺负,双方动起手来。混乱中小明抄起瓜摊的西瓜刀扎向李刚,结果李刚因伤势过重在送往医院的途中死亡。

对此案,法官应判定()。

A.小明属于正当防卫,李刚死亡属意外,小明无罪释放

B.家庭问题导致了小明现在的行为,小明的父母负有连带责任,应受到相应的法律制裁

C.小明还不具备完全民事行为能力,令家人将其带回并严加管教

D.小明已年满14周岁,行凶杀人严重破坏社会秩序,应当负刑事责任

答案

参考答案:D

解析:

A项错误,本案不属于正当防卫,不具备正当防卫的构成要件,李刚的死更不是意外;B项错误,我国刑法实行罪责自负原则;C项错误,本案是刑事案件,和民事行为能力没有必然关系;D项正确,我国刑法规定,已满14周岁不满16周岁的人,犯故意杀人、故意伤害致人重伤或者死亡、强*、抢劫、贩卖毒品、放火、爆炸、投放危险物质罪的,应当负刑事责任。题目中上高二的小明已达到刑事责任年龄,应负刑事责任。

阅读理解

阅读理解

     Why do so many of us watch birds with great interest? Perhaps the easiest answer is that birds seem

to be the commonest, most attractive and easiest observed wildlife around us. No matter where you are,

at home, on a mountain-top, in mid-ocean or deep in a city, there are birds around for you to watch.

     When you go birdwatching, you should always make sure that your clothes are suitable for the weather and for the habitat you are visiting. As a general rule, it is better to pack a little too much clothing than risk getting cold and wet.  In really hot weather, a hat of some sort is sensible. For cooler weather, a practical outfit would be jeans, a roll-neck sweater.

     Don't worry about the equipment while birdwatching. It is perfectly possible to see and enjoy birds

without any special equipment, but a whole new world opens up to you once you have your first binoculars. Distant birds stop being little dots against the sky or water, and take on shapes and colours, and

feathers of bird will have a real beauty of their own.  Binoculars allow you to identify birds correctly, and

give you a wonderful chance to spy on them going about their daily lives. However, never look directly at

the sun using binocular, because direct sunlight can hurt the eye.

     Using binoculars is one way to bring birds closer to you, but another way of improving your

birdwatching is to get nearer to them. If wild creatures don't know you are close to them, they will

continue to behave naturally, and perhaps pass close by you. Fortunately, birds have no sense of

smell-so we don't have to worry about the wind blowing our scent to them and frightening them.  

But all birds have good eyesight, much better than ours.  Birds also have good hearing: their lives and

their ability to find food depend on these senses.

     So what does the birdwatcher need to do? Always move about quietly, do not give the birds

advance warning of your arrival or they will move away. Do your best to avoid sudden movement.

Always remember to put the birds' interests first. When you have finished looking, don't just stand up

and walk away, scaring birds in all directions.

1. The underlined word "binoculars" refers to __________.

A. something that can protect your eyes

B. glasses used for looking at distant object

C. books on birds of different shapes and colours

D. special equipment for birdwatcher to keep warm

2.  Why does the birdwatcher have to move quietly?

A. Because birds don't like to make any noise.

B. Because birds are unable to see slow movement.

C. Because birds can smell man's scent if he moves quickly.

D. Because birds may hear the sound of the sudden movement.

3. According to the passage, what does a birdwatcher need to do?

A. Keep a certain distance from birds

B. Bring a little more clothes with him

C. Behave naturally while watching birds

D. Take interest in the birds he is watching

判断题