甲手持匕首寻找抢劫目标时,突遇精神病人丙持刀袭击。丙追赶甲至一死胡同,甲迫于无奈,与丙搏斗,将其打成重伤。此后,甲继续寻找目标,见到丁后便实施暴力,用匕首将其刺成重伤,使之丧失反抗能力,此时甲的朋友乙驾车正好经过此地,见状后下车和甲一起取走丁的财物(约2万元),然后逃跑,丁因伤势过重不治身亡:一周后,乙将赃物私下卖给了他人。 下列对乙的责任说法正确的是( )。
A. 乙不对丁的重伤承担刑事责任,但应对丁的死亡负刑事责任
B. 乙既对丁的重伤承担刑事责任,也对丁的死亡承担刑事责任
C. 乙既不对丁的重伤承担刑事责任,也不对丁的死亡承担刑事责任
D. 乙不对丁的死亡承担刑事责任,但应对丁的重伤承担刑事责任
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(由单选和多选组成。) 贾某为了营利,于2008年3月在沿国道的自己耕地内建设了五间楼房,来经营餐饮住宿,但楼房的建设并未获得相关部门的批准,2010年4月县土地局发现了贾某的违章建设房屋的行为;在此期间,贾某还曾多次对前来收缴税款的税务人员进行殴打,其中一次造成一名税务人员重伤。 贾某暴力抗税的行为应当如何处理( )。
A. 贾某的暴力抗税行为构成抗税罪
B. 贾某造成税务人员重伤的行为属于同一行为触犯两罪名的想象竞合,以故意伤害罪论处
C. 对贾某应当按照抗税罪和故意伤害罪数罪并罚
D. 贾某先前因违章建房而受到的行政拘留可以折抵刑期
In polities, in the courts, even on the ubiquitous TV talk shows, it is good form to pick an intellectual fight. People attach each other--hurl insults, even--and it counts as logical argument. I cannot understand it. It seems that our society favors a kind of ritualized aggression. Everywhere you look, in newspapers and on television, issues are presented using the terminology of war and conflict. We hear of battles, duels (决斗) and disputes. We see things in terms of winners and losers, victors and victims.
5 Archaeology as a profession faces two major problems. First, it is the poorest of the poor. Only paltry sums are available for excavating and even less is available for publishing the results and preserving the sites once excavated. Yet archaeologists deal with priceless objects every day. Second, there is the problem of illegal excavation, resulting in museumquality pieces being sold to the highest bidder. I would like to make an outrageous suggestion that would at one stroke provide funds for archaeology and reduce the amount of illegal digging. I would propose that scientific archaeological expeditions and governmental authorities sell excavated artifacts on the open market. Such sales would provide substantial funds for the excavation and preservation of archaeological sites and the publication of results. At the same time, they would break the illegal excavator’s grip on the market, thereby decreasing the inducement to engage in illegal activities. You might object that professionals excavate to acquire knowledge, not money. Moreover, ancient artifacts are part of our global cultural heritage, which should be available for all to appreciate, not sold to the highest bidder. I agree. Sell nothing that has unique artistic merit or scientific value. But, you might reply, everything that comes out of the ground has scientific value. Here we part company. Theoretically, you may be correct in claming that every artifact has potential scientific value. Practically, you are wrong. I refer to the thousand pottery vessels and ancient lamps that are essentially duplicates of one another. In one small excavation in Cyprus, archaeologists recently uncovered 2,000 virtually indistinguishable small jugs in a single courtyard. Even precious royal seal impres- sions known as I’melekh handles have been found in abundance-more than 4,000 examples so far. The basements of museums are simply not large enough to store the artifacts that are likely to be discovered in the future. There is not enough money even to catalogue the finds; as a result, they cannot be found again and become as inaccessible as if they had never been discovered. Indeed, with the help of a computer, sold artifacts could be more accessible than are the pieces stored in bulging museum basements. Prior to sale, each could be photographed and the list of the purchasers could be maintained on the computer. A purchaser could even be required to agree to return the piece if it should become needed for scientific purposes. Which of the following is mentioned in the passage as a disadvantage of storing ar- tifacts in museum basements
A. Space that could be better used for display is taken up for storage.
B. Artifacts discovered in one excavation often become separated from each other.
C. Such artifacts often remain uncatalogued and thus cannot be located once they are put in storage.
D. Such artifacts are often damaged by variations in temperature and humidity.
4 In most earthquakes the Earth’s crust cracks like porcelain. Stress builds up until a fracture forms at the depth of a few kilometers and the crust slips to relieve the stress. Some earthquakes, however, take place hundreds of kilometers down in the Earth’s mantle, where high pressure makes rock so ductile that it flows instead of cracking, even under stress severe enough to deform it like putty. How can there be earthquakes at such depths That such deep events do occur has been accepted only since 1927, when the seismologist Kiyoo Wadati convincingly demonstrated their existence. Instead of comparing the arri- val times of seismic waves at different locations, as earlier researchers had done, Wadati relied on a time difference between the arrival of primary (P) waves and the slower secondary (S) waves. Because P and S waves travel at different but fairly constant speeds; the interval between their arrivals increases in proportion to the distance from the earthquake focus, or a rupture point. For most earthquakes, Wadati discovered, the interval was quite short near the epicenter, the point on the surface where shaking is the strongest. For a few events, however, the delay was long enough at the epicenter. Wadati saw a similar pattern when he analyzed data on the intensity of shaking. Most earthquakes had a small area of intense shaking, which weakened rapidly with increasing distance from the epicenter, but others were characterized by a lower peak intensity, felt over a broader area. Both the P-S intervals and the intensity patterns suggested two kinds of earthquakes: the more common shallow events, in which the focus lay just under the epicenter, and the deep events, with a focus several hundred kilometers down. The question remained- how can such quakes occur, given that mantle rock at a depth of more than 50 kilometers is too flexible to store enough stress to fracture Wadati’s work suggested that deep events occur in areas (now called Wadati-Benioff zones ) where one crustal plate is forced under another and descends into the mantle. The descending rock is substantially cooler than the surrounding mantle and hence is less ductile and much more liable to fracture. The author’s explanation of how deep events occur would be most weakened if______.
A. deep events are far less common than shallow events
B. deep events occur in places other than where crustal plates meet
C. mantle rock is more ductile at a depth of several hundred kilometers than it is at 50 kilometers
D. the speeds of both P and S waves are slightly greater than previously though