问题 单项选择题

陈某抢劫出租车司机甲,用匕首刺甲一刀,强行抢走财物后下车逃跑。甲发动汽车追赶,在陈某往前跑了40米处将其撞成重伤并夺回财物。关于甲的行为性质,下列哪一选项是正确的

A.法令行为

B.紧急避险,

C.正当防卫

D.自救行为

答案

参考答案:C

解析:正当防卫 依据《刑法》第20条规定,正当防卫,是指为了保护国家、公共利益、本人或者他人的人身、财产和其他合法权利免受正在进行的不法侵害,采取对不法侵害人造成损害的方法,制止不法侵害的行为。正当防卫行为不负刑事责任。正当防卫的成立要件是:(1)存在现实的不法侵害;(2)不法侵害正在进行;(3)具有防卫意识;(4)针对不法侵害本人进行防卫;(5)没有明显超过必要限度造成重大损害。甲的行为符合正当防卫成立的时间条件。在财产性违法犯罪的情况下,行为虽然已经既遂,但在现场来得及挽回损失的,应当认为不法侵害尚未结束,可以实行正当防卫,C项是正确的。A项,法令行为,是指基于成文法律、法令、法规的规定,作为行使权利或者承担义务所实施的行为。B项,紧急避险,是指为了使国家、公共利益、本人或者他人的人身、财产和其他权利免受正在发生的危险,不得已给另一较小合法权益造成损害的行为。D项,自救行为,属于紧急行为的一种。指为了避免自己的合法利益蒙受难以挽回的损失而在紧急情况下采取的侵害他人的措施。 由于我国刑法对自救行为没有专门规定,通常酌情比照正当防卫的情形处理。

阅读理解

Which is sillier: denying we ever went to the moon or trying to convince the true nonbelievers?

Once upon a time – July 20, 1969, to be specific – two men got out of their little spaceship and wandered around on the moon for a while. Ten more men walked on the moon over the next three and a half years. The end.

Unfortunately, not quite. A fair number of Americans think that this whole business of moon landings really is a fairy tale. They believe that the landings were a big hoax (骗局) staged in the Mojave Desert, to convince everyone that U.S. technology was the “bestest” in the whole wide world.

Which is the harder thing to do: Send men to the moon or make believe we did? The fact is the physics behind sending people to the moon is simple. You can do it with computers whose entire memory capacities can now fit on chips the size of postage stamps and that cost about as much as, well, a postage stamp. I know you can because we did.

However, last fall NASA considered spending $15,000 on a public-relations campaign to convince the unimpressed that Americans had in fact gone to the moon. That idea was mostly a reaction to a Fox television program, first aired in February 2001, that claimed to expose the hoax. The show’s creator is a publicity hound (猎狗) who has lived up to the name in more ways than one by hounding Buzz Aldrin, the second man on the moon. Mr. X (as I will call him, thereby denying him the joyous sight of his name in print) recently followed Buzz Aldrin around and called him “a thief, liar and coward” until the 72-year-old astronaut finally lost it and hit the 37-year-old Mr. X in the face.

Anyway, NASA’s publicity campaign began to slow down. The nonbelievers took the campaign as NASA’s effort to hide something while the believers said that $15,000 to convince people that the world was round — I mean, that we had gone to the moon — was simply a waste of money. (Actually, the $15,000 was supposed to pay for an article by James E. Oberg, an astronomy writer who, with Aldrin, has contributed to Scientific American.)

If NASA’s not paying Oberg, perhaps it could put the money to good use by hiring two big guys to drag Neil Armstrong out of the house. Armstrong is an extremely private man, but he is also the first man on the moon, so maybe he has a duty to be a bit more outspoken about the experience. Or NASA could just buy Aldrin a commemorate plaque (纪念匾) for his recent touch on the face of Mr. X.

小题1:We can learn from Paragraphs 2 and 3 that some Americans believe _______.

A.moon landings were invented

B.U.S. technology was the best

C.moon landing ended successfully

D.the Mojave Desert was the launching base小题2:According to the writer, which of the following is to blame for the story about the hoax?

A.NASA’s publicity campaign.

B.The Fox television program.

C.Buzz Aldrin.

D.James E. Oberg.小题3:According to the writer, Mr. X _______.

A.told a faithful story

B.was not treated properly

C.was a talented creator

D.had a bad reputation小题4:The believers think that NASA’s publicity campaign is ________.

A.proof to hide the truth

B.stupid and unnecessary

C.needed to convince the non-believers

D.important to develop space technology小题5:The tone of the article is _______.

A.angry

B.conversational

C.humorous

D.matter-of-fact

单项选择题