问题 单项选择题

张某因爆炸罪被某中级人民法院判处死刑缓期两年执行。一审宣判后,张某没上诉,检察院也没提起抗诉。高级人民法院在核准此案时,认为原判决在认定事实上没有错误,但是量刑过轻,应当对被告人判处死刑立即执行。对此,下列哪些说法是正确的( )

A.应当撤销原判,发回重新审判

B.应当裁定核准死刑缓期两年执行

C.应当改判张某死刑立即执行

D.应当以提审的方式判处死刑立即执行

答案

参考答案:B

解析:《刑诉法解释》第278条规定:“中级人民法院判处死刑缓期二年执行的第一审案件,被告人不上诉、人民检察院不抗诉的,应当报请高级人民法院核准。高级人民法院对于报请核准的死刑缓期二年执行的案件,按照下列情形分别处理:(一)同意判处死刑缓期二年执行的,应当裁定予以核准;(二)认为原判事实不清、证据不足的,应当裁定发回重新审判;(三)认为原判量刑过重的,应当依法改判。高级人民法院核准死刑缓期二年执行的案件,不得以提高审级等方式加重被告人的刑罚。”《最高人民法院、最高人民检查院、公安部、国家安全部、司法部、全国人大常委会法制工作委员会关于刑事诉讼法实施中若干问题的规定》第47 条规定:高级人民法院核准死刑缓期二年执行的案件,应当作出核准或者不核准的决定,不能加重“被告人的刑罚。”

单项选择题

Turkey’s Bodrum peninsula is different. The tourist boom in this part of the world (1) turned some small villages into resorts yet left neighbouring beaches undisturbed, making it quite (2) southern France or the Spanish Coasts where few stretches of coastline are undevelopeD.
The (3) for this happy set of circumstances is simple. For thousands of years, travel here (4) easier by boat than by lanD.So when mass tourism arrived in the (5) 1980s, there was no coast road for ribbon development to follow. So the peninsula, just (6) hour from Bodrum airport, has not become one long littoral of resort.
The building (7) new hotels has mainly been confined to places easily reached by then relatively (8) roads. Such ease of access has made Gumbet, near Bodrum, a busy resort, while the little fishing village of Gumusluk, 12 miles further west and only recently reachable by (9) , remains tranquil and undisturbeD.
It’s worth thinking carefully about location when planning a family (10) on the peninsulA.Choose a place that is centrally located, preferably out of earshot (11) Bodrum town’s "lively"—which means nosy—nightlife, and you can then use (12) area’s comfortably small scale to your advantage. Today’s new roads mean most places can (13) reached in under an hour by taxi or the ubiquitous dolmus-minibus.
The (14) of facilities at the Tamarisk Beach Hotel near the small village of Ortakent makes (15) a good base. The family-run hotel—rooms and suites are in two-storey buildings (16) by palm trees and flowers in terracotta pots—sits above its own sandy (17) beach, shaded by tamarisk trees and sheltered by nearby islands.
The hotel is (18) child-friendly, too. Children, from infants up to young teenagers, can take part in a (19) of games and activities that include tuition in windsurfing, dinghy (20) catamaran sailing.

According to the passage, where can the oldest rocks be found

A.Near Precambrian schists.

B.Below Precambrian schists.

C.At the bottom of the canyon.

D.In the strata deposited as marine sediment.

选择题