问题 单项选择题

王某因涉嫌盗窃被检察机关批准逮捕,并提起公诉,一审法院判处有期徒刑4年。王某不服,提起上诉,二审法院改判无罪。王某提起国家赔偿请求,本案中赔偿义务机关应是下列哪些机关( )

A.作出逮捕决定的机关和作出一审判决的人民法院

B.作出一审判决的人民法院

C.作出逮捕决定的机关

D.作出逮捕决定的机关和作出二审判决的人民法院

答案

参考答案:A

解析:《国家赔偿法》第19条:行使国家侦查、检察、审判、监狱管理职权的机关及其工作人员在行使职权时侵犯公民、法人和其他组织的合法权益造成损害的,该机关为赔偿义务机关。   对没有犯罪事实或者没有事实证明有犯罪重大嫌疑的人错误拘留的,作出拘留决定的机关为赔偿义务机关。   对没有犯罪事实的人错误逮捕的,作出逮捕决定的机关为赔偿义务机关。   再审改判无罪的,作出原生效判决的人民法院为赔偿义务机关。二审改判无罪的,作出一审判决的人民法院和作出逮捕决定的机关为共同赔偿义务机关。本题属于二审改判无罪的情形。依此,A项为正确答案。

阅读理解

阅读理解。

   It was early morning. Peter Corbett helped Mark Wellman out of his wheelchair and onto the ground. They

stood before El Captain, a huge rock almost 1.2 kilometers high. Mark had long dreamed to climb El Captain

when he was a child. At the age of twenty-one, he had fallen while climbing mountain, losing his legs. But he

never lost his love for life.

   Mark knew he couldn't finish the climb alone, but his friend Peter would be there to lend a helping hand. They

thought it would take seven days to reach the top. Now Peter climbed about 30 meters up and hit a piton (岩钉) into the rock. Fastening (拴紧) one end of a 50 -meter rope (绳子) to the piton, he let the other end of the rope

fall down. Mark caught the rope and fastened it to his belt. He next reached above his head and fastened a T-bar(丁字铁) to the rope. Mark took a deep breath, pushed the T-bar up almost as far as his arms could reach, and

began the first pull up. High above, Peter let out a cheer, "You're on your way."

   For the first four days the two men progressed upward (向上) without accident. But on the fifth day, a very

strong wind began to blow, making it hard for Mark to hold on to his rope. But Mark kept on pushing up the

T-bar and pulling himself up.

   It took them one day more than they had expected. But as the two heads appeared the group of people waiting

on the top went wild with joy.

   Mark Wellman showed that if you set your heart and mind on something, no wall is too high, no dream

impossible.

1. With the help of his friend, Mark could climb up El Captain about___ meters in height each day.

A. 300

B. 150

C. 50

D. 30

2. While climbing, Mark___.

A. carried the T-bar on his back and stepped upward

B. pushed up the T-bar and pulled himself up

C. sat in his wheelchair and pushed himself up

D. held on to the rope drawn up by his friend

3. Which is the correct order of the steps before Mark's climbing?

a. push up the T-bar

b. tie the rope to his belt

c. hit the piton into the rock

d. fasten the T-bar to the rope

e. tie the rope to the piton

A. cebda

B. ecabd

C. ebdca

D. bdeca

4. Which of the following is true of Mark Wellman? 

A. He realized his dream without anyone helping him. 

B. He was badly injured when he climbed El Captain. 

C. He dreamed to climb up El Captain for a long time. 

D. He climbed up the rock by using a tool for the disabled.

5.What can we learn from the passage?

A. A friend in need is a friend indeed.

B. Dreams will come true in the end. 

C. Each step is important to success.

D. Nothing can stop a strong will.

单项选择题