问题 单项选择题

《唐律》规定,夜半闯入人家,主人出于防卫,登时杀死闯入者,不论罪。唐高宗年间,一人夜半闯入他人宅院,主人出于防卫将闯入者打伤致残,对于这一行为,《唐律》中没有如何处罚的条文,但依据唐律的刑罚原则,应当如何处罚

A.罪加一等

B.不减罪二等

C.不论罪

D.如果自首则可以免罪

答案

参考答案:C

解析:[考点] 唐朝的刑罚原则 唐律中的刑罚原则包括:(1)区分公、私罪的原则:公罪从轻,私罪从重。(2)自首原则。(3)类推原则。(4)化外人原则;本题的考点主要在于类推原则,类推原则在唐朝主要是指:(1)对律文无明文规定的同类案件,凡应减轻处罚的,则列举轻罪处罚规定,比照以解决重案。 (2)对律文无明文规定的同类案件,凡应加重处罚的,则列举重罪处罚规定,比照以解决轻案。所以,针对题目中的描述,虽然律文没有致人伤残如何处置的条文,但比照规定,杀死已不论罪,致伤就更不论罪了。所以,选项C是正确的。需要说明的是选项D,在唐律中是区分自首与自新的。犯罪未被举发而能到官府交代罪行的,叫做自首;犯罪被揭发或被官府查知逃亡后再投案者,唐代称为自新。所以,自新是被迫的,与自首性质不同,对自新采取减轻刑事处罚的原则。本题中不涉及自首和自新的问题,因为伤人者的行为本来就不认为是犯罪,所以更谈不上自首的问题,故D项也不应入选。

单项选择题 案例分析题
单项选择题

Emotion is a feeling about or reaction to certain important events or thoughts. People enjoy feeling such pleasant emotions as love, happiness, and contentment. They often try to avoid feeling unpleasant emotions, such as loneliness, worry, and grief.
Individuals communicate most of their emotions by means of words, a variety of sounds, facial expressions, and gestures. For example, anger causes many people to frown, make a fist, and yell. People learn ways of showing some of their emotions from members of their society, though heredity (遗传)may determine some emotional behavior. Research has shown that different isolated peoples show emotions by means of similar facial expressions.
Charles Darwin, famous for the theory of natural selection, also studied emotion. Darwin said in 1872 that emotional behavior originally served both as an aid to survival and as a method of communicating intentions. According to the James-Lange theory of emotions developed in the 1880s, people feel emotions only if aware of their own internal physical reactions to events, such as increased heart rate or blood pressure. But this theory was not up-held: by research on cats that had their nervous system damaged. The cats could not feel their body’s internal changes, but they showed normal emotional behavior. John B. Watson, an American psychologist who helped found the school of psychology called behaviorism, observed that babies stimulated by certain events showed three basic emotions--fear, anger, and love. Watson’s view has been challenged frequently since he proposed it in 1919.
The most widely accepted view is that emotions occur as a complex sequence of events. The sequence begins when a person encounters an important event or thought. The person’s interpretation of the encounter determines the feeling that is likely to follow. For example, someone who encounters a bear in the woods would probably interpret the event as dangerous. The sense of danger would cause the individual to feel fear. Each feeling is followed by physical changes and desires to take action, which are responses to the event that started the sequence. Thus, a person who met a bear would probably run away.
Several American psychologists independently developed the theory that there are eight basic emotions. These emotions--which can exist at various levels of intensity--are anger, fear, joy, sadness, acceptance, disgust,
surprise, and interest or curiosity. They combine to form all other emotions, just as certain basic colors produce all others.

Emotions are compared to colors because ______.

A. they are classified in a similar way
B. they have the same influence on people’s life
C. both of them may take on different forms
D. both of them may have basic elements mixed in them