问题 单项选择题

某直辖市人民检察院分院发现本市中级人民法院以挪用公款罪判处被告人李某有期徒刑15年的第二审生效判决在适用法律上确有错误,该检察分院按下列哪一个程序处理是正确的?

A.向本市中级人民法院提起抗诉

B.向本市高级人民法院提起抗诉

C.报请市人民检察院,由市人民检察院向市高级人民法院提起抗诉

D.向本市中级人民法院提出纠正意见

答案

参考答案:C

解析:[考点] 再审抗诉程序的提起 《刑事诉讼法》第205条第3款:“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和裁定,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和裁定,如果发现确有错误,有权按照审判监督程序向同级人民法院提出抗诉。”因此,对于二审法院的生效判决,只能由其上一级人民检察院向同级人民法院提出抗诉,所以,C项的做法是正确的。

阅读理解

Mark Twain was a famous American writer. He loved writing, hunting and fishing very much. One year he went to Maine on vacation and spent three very happy weeks there.

When it was time to get back home, Mark Twain went to the station with his baggage(行李). After putting it on the train, he sat on a comfortable seat. A few minutes later, another man came over and sat next to him. Mark Twain looked at the man and saw that he was unhappy. He thought it would be impolite to say nothing first, and they began to talk. They talked about the weather and then Maine. The stranger said, “We have some beautiful woods(森林) in Maine. I guess you have been there, haven’t you?”

“Yes, I have,” answered Mark Twain. “I’ve just spent three pleasant weeks there. And let me tell you something: although fishing isn’t allowed in Maine this season, I’ve got two hundred pounds of beautiful fish. I like eating fish, so I put them on the ice to take them home. May I know who you are, sir?”

The stranger looked at Mark Twain for several seconds and answered, “I’m a policeman. My job is to catch people who hunt and fish during the wrong seasons. And what do you do?”

Mark Twain answered, “Well, sir, I’m the man who tells the biggest lies(谎言) in America.”

小题1:Mark Twain spent in Maine for _________.

A. one week             B. two weeks                C. three weeks

小题2:Mark Twain went home ________.

A. by bus                   B. by train             C. by plane

小题3:The man next to Mark Twain was ________.

A. a policeman              B. a writer             C. a reporter

小题4:Mark Twain’s vacation in Maine was ________.

A. boring                   B. tiring                   C. pleasant

小题5:Which of the following is true about Maine?

A. It has beautiful woods.     

B. Fishing isn’t allowed there.   

C. It’s Mark Twain’s hometown.

选择题