问题 材料分析题

七年级学生小杨(13岁)、九年级学生小许(15岁)及高中学生小秦(17岁)三人在一次聚众斗殴中把一名同学打成重伤。人民法院审理此案后,分别判处小秦有期徒刑3年,小许有期徒刑1年,小杨免于刑事处分,责令其家长或监护人加以管教。

为什么法庭对小杨等三人做出不同的判决?请你来当律师解答这个疑问。

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答案

因为我国刑法对刑事责任的年龄做了明确的规定:①已满十六周岁的人犯罪,应当负刑事责任。材料中高中学生小琴,17岁,因此他应该负刑事责任,法院对他判处有期徒刑3年。②已满十四周岁不满十六周岁的人,犯故意杀人、故意伤害致人重伤或者死忙、强 * * 、抢劫、放火、贩卖毒品、爆炸、投毒罪的,应当负刑事责任。材料中九年级学生小许,15岁,故意伤害致人重伤,因此他应该负刑事责任,法院对他判处有期徒刑1年。③不满十四周岁的人,不负刑事责任。责令其家长或监护人加以管教。材料中七年级学生小杨,13岁,因此对他免于刑事处分,责令其家长或监护人加以管教。

阅读理解
Trudy’s class has an English newspaper. The students write stories, articles and poems for it. Then they type and print their works out. The teacher posts everything on the wall so that it looks like a large, open newspaper.
One day Trudy said to the teacher, “Most newspapers have advertisements. Can we have some small ads in ours?” The teacher thought this was a very good idea. She made Trudy the advertising manager and Trudy asked the other students to offer things for sale in the newspaper. Here are some of the ads she received.
GOOD HOME WANTED: Six lovely cats need good homes. They are the cutest things you’ve ever seen. Free to the right person.  See John.
CONCERT TICKETS: Has anyone got an extra ticket for the Raiders concert next week? I’m looking forward to and will pay well for a good ticket.  See Sheila.
Stationery For Rent: Anyone who has left his stationery at home, please come to Mike. No charge. But make sure to return in time.
LOST: A silver ring with a blue stone in it. Reward. See Patricia.
WANTED PC: In good condition. Must be at least a Pentium. See Alan.
PETER’S HOMEWORK SERVICE: Help you solve the problems in your homework.  Not expensive. Quick service.  See Peter.
WORK WANTED: Strong boy willing to work in the garden or do housework. 3 hours a week. Not expensive.  See Tom.
Exchange Magazines: If you are interested in Chinese magazines and have science magazines at hand,please come to Nina.
小题1:Who wanted to put advertisements in the newspaper?
A.Trudy.B.The teacher.C.Some of the students. D.Alan.
小题2:What is Tom willing to do?
A.To do other people’s homework.B.To work in the garden or do housework.
C.To sell six cats.D.To fix broken PCs.
小题3:What does Alan want to buy?
A.A lovely cat.B.A silver ring.
C.A PC in good condition.D.A ticket to the Raiders concert.
小题4:Why will Sheila pay well for a Raiders concert ticket?
A.Because she is thinking about going to the concert.
B.Because she is looking forward to going to the concert.
C.Because she doesn’t have homework to do.
D.Because her friends are going to the concert.
小题5:What will Patricia give the person who finds her ring?
A.Nothing.B.Another ring.C.A ticket to the Raiders concert.D.A reward.
单项选择题