问题 单项选择题

吕某与胡某在饭馆期间与人发生争吵,在斗殴中吕某用椅子将对方一人砸倒,此人次日经抢救无效死亡。二人被公安机关拘留,经检察院批准以故意伤害罪、聚众斗殴罪逮捕。检察院在审查起诉过程中,认为胡某的行为不构成犯罪,将胡某释放,胡某提出赔偿请求。下列说法中哪个是正确的

A.公安机关赔偿,因公安机关对没有犯罪事实的胡某实施了逮捕

B.人民检察院赔偿,因胡某没有犯罪事实而被检察机关批准逮捕

C.公安机关和人民检察院作为共同赔偿义务机关

D.公安机关赔偿拘留期间的损失,检察机关赔偿逮捕期间的损失

答案

参考答案:D

解析:【测试点】 适格的赔偿义务机关。【解析】 《国家赔偿法》第19条规定:“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。”本案胡某未构成犯罪,被错拘错捕,作出拘留决定的公安机关和逮捕决定的检察机关应对各自的行为作出赔偿,因此选D。

填空题



Every human being is fallible; we make mistakes. In America when a mistake has been made, it is considered fitting for the person (1) to acknowledge his or her error and to apologize to anyone who has been inconvenienced. Even (2) are expected to admit their mistakes and apologize for them. Trying to (3) a mistake and denying your guilt are considered to be indicative of serious (4) .
If you make a mistake that (5) a group of people, a public apology is considered the best method for (6) . If the mistake was a serious one, or if some people were inconvenienced more than others, then the (7) should follow the public apology with private ones to (8) .
It is especially important for executives and company heads to be able to admit their mistakes. Sometimes leaders are afraid that if they (9) , they will lose the respect of their employees. Actually (10) — if you are honest with your employees and yourself, (11) , and show that you are willing to accept blame when you make a mistake, then your employees will be (12) you. They will also be more likely to admit their own mistakes.
If you (13) one person, it is usually best to apologize to that person alone, unless your mistake (14) by a large group of people. For example, if Leonard (15) to Mr. Todd during a committee meeting, it would be (16) for Leonard to apologize to Mr. Todd at the next committee meeting. If the (17) created by the initial mistake is public, then the apology should be public. However, if Leonard raised his voice to Mr. Todd when only the two of them (18) , he may apologize privately. Notice as well (19) the apologies are. As soon as you realize you have made a mistake, you should (20) .

单项选择题