搜题请搜索小程序“爱下问搜题”
问题 单项选择题

民事案件一审过程中，同级检察院得到消息发现法院的主审法官与原告一方串通，经常接受该方当事人的请客送礼，甚至有收受大额贿赂的嫌疑。对于该案件的审理，你认为检察院应采取何种措施( )

A．应该出席一审法庭，监督法院的审理

B．对于有嫌疑的法官，建议该法院撤换

C．待一审判决作出后可以提出抗诉

D．待终审判决作出后可以提出抗诉

答案

参考答案：D

解析：[考点] 民事诉讼中检察院的抗诉权和监督权 在新的民事诉讼法中，检察院的实质性监督权主要就是表现在其对于法院已经生效裁判的抗诉权上面，《民事诉讼法》第181条同时规定：“最高人民检察院对各级人民法院已经发生法律效力的判决、裁定，上级人民检察院对下级人民法院已经发生法律效力的判决、裁定，发现有下列情形之一的，应当按照审判监督程序提出抗诉： (一)原判决、裁定认定事实的主要证据不足的；(二)原判决、裁定适用法律确有错误的； (三)人民法院违反法定程序，可能影响案件正确判决、裁定的；(四)审判人员在审理该案件时有贪污受贿，徇私舞弊，枉法裁判行为的。地方各级人民检察院对同级人民法院已经发生法律效力的判决、裁定，发现有前款规定情形之一的，应当提请上级人民检察院按照审判监督程序提出抗诉。”可见，检察院一般不会出席一审民事诉讼的听审，也无权提起上诉或者二审抗诉，只能提起再审抗诉，这是完全不同于刑事诉讼的，因此本题正确答案为D。

单项选择题

Corzine’s Downfall


The collapse this week of the broker-dealer MF Global and the due punishment of its chief executive Jon Corzine, who resigned Friday, have been and will be put to many political and rhetorical purposes. MF Global’s bankruptcy has been called, possibly, the first domino in a potential collapse of the European banking system; in this rendering, it’s a rough analog to the failure, in the spring of 2008, of Bear Srearns, which warned the chaos of autumn. It might well be cast as a stimulus for more government regulation, or smarter regulation; to some, it might even be a case study in overregulation. Every rationale for regulation seems to contain, as yang to its yin, an argument that regulation is actually to blame.
Corzine’s downfall is an update on Icarus, all illustration of arrogance. It reminds us that leverage kills, that it is dangerous to pick up nickels in front of a steamroller, that risk is risky, that pigs get fat while hogs get slaughtered. It complicates the Democrats’ hopes of controlling anti-Wall Street fervor in the Presidential election, because Corzine has been one of Barack Obama’s most generous supporters-a possible future Treasury Secretary. The Republicans will not soon let this one go.
It certainly further stains the reputation of Goldman Sachs. Corzine, a former C.E.O. of Goldman, took over a company partially owned by the firm of another ex-Goldmanite, Christopher Flowers, and managed, in a year and a half, to destroy it, in part while resisting oversight from a government regulator. That regulator comes from the Commodity Futures Trading Commission, whose chairman, Gary Gensle, is also a Goldman alumnus.
It further damages the perception, or myth, that a becoming-a-partner at Goldman Sachs indicates brilliance, or insures success or a lifetime inclusion in the vampire-squid-piracy, although you can find whisperings of a conspiracy theory that Goldman planted Corzine at MF Global in order to destroy it—a notion that is almost as deceiving as it is ridiculous.
Corzane’s collapse is also an occasion for taking-pleasure-in-others’-suffering. It is an occasion for those among Occupy Wall Street’s 99 per cent, who’d be ready to pitchfork him to pieces. It is also an occasion for the tiny cowering minority, who may resent Goldman for its perceived arrogance or cunning, or who may question the conceited folly and civic harm of Corzine’s spending over a hundred million of his own money to get elected to public office. The sentiment, among his peers, was that Corzine wasn’t so great a trader to begin with. And the sentiment was also that in the years since he had left Goldman, his skills, such as they were, had got rusty or outdated.
It is ironic that Corzine blundered by, and is being criticized for, among other things, betting too unbalancedly on Europe. That is, MF Global was banking on the hope that Portugal, Ireland, Italy, and Greece (whose bonds are collectively known as PIIGS) would not default on their debts by the end of the year. It might have turned out to be a good bet, were it not for the fact that it was made sneakily with money that was borrowed and perhaps even effectively stolen-or for the fact that he basically bet the firm, and the farm. Goldman Sachs, meanwhile, has been criticized, since the housing meltdown of 2008, for having profited from bets against the housing market—for shorting crappy derivatives based on mortgages. That was a good bet, except that Goldman made it while dumping those crappy derivatives on its unwitting clients.

According to the author, Corzine’s failure results from ______.
A. his intensive interest in political reforms
B. his wrong prediction on European debts
C. his definite refusal to official regulations
D. his retarded update of professional skills
查看答案
单项选择题

下列哪种磺胺药适用于非特异性结肠炎( )。

A．磺胺醋酰
B．磺胺嘧啶
C．磺胺多辛
D．柳氮磺吡啶
E．磺胺异噁唑
查看答案