问题 问答题

2003年辽宁省商人张某某突然死亡,周围的群众反映可能是他的妻子刘某与其 * * 夫占某合谋害死的,侦查机关在侦查过程中,收集到了以下证据材料:(1)刘某供认,为了同占某结婚,两人多次谋划杀死张某某,最终乘张某某熟睡的时候,占某用铁锄将其杀害。(2)占某向侦查机关做了与刘某一样的供述,承认杀了张某某。(3)刘某的公婆,即张某某的父母说,在张某某死的当天,他们不在家,听儿媳妇刘某说张某某是不小心摔倒死的。(4)邻居张三、李四、王五共同证明,刘某与占某通 * * 已久,周围的人所共知,张某某的父母也有所耳闻,只是,他们一家老实,没有声张。(5)从占某家里搜出来的铁锄上的血迹,经鉴定与死者张某某的血相吻合,其外形与死者的伤口也吻合。 请问,根据你所学的证据法的知识,上述5种证据分别是有罪证据还是无罪证据?是间接证据还是直接证据?是原始证据还是传来证据?是言词证据还是实物证据?

答案

参考答案:

(1)凡是能够证明巧巳罪嫌疑人有罪的证据就是有罪证据,凡是不能证明犯罪嫌疑人有罪的证据就是无罪证据。按照证据的来源划分,凡是直接来源于案件事实,未经复制、转述的证据是原始证据,又称为第一手资料。凡是间接来源于案件事实,经过复制、转述的证据,是传来证据,又称为第二手资料。根据诉讼证据与案件主要事实之间的证明关系,学界将证据分为直接证据与间接证据。凡是能直接证明主要案件事实的证据,就是直接证据;凡是不能直接单独证明案件主要事实,而须与其他证据结合起来才能证明案件主要事实的证据,就是间接证据。根据证据的表现形式不同,可以将证据分为言词证据和实物证据。凡是表现为人的陈述,即以言词作为表现形式的证据,是言词证据。凡是表现为物品和痕迹和以其内容具有证据价值的书面文件,即以实物作为表现形式的证据,是实物证据。 

(2)本案中,这五种证据材料分别是:有罪证据、直接证据、原始证据、言词证据;有罪证据、直接证据、原始证据、言词证据;无罪证据、直接证据、传来证据、言词证据;有罪证据、间接证据、原始证据、言词证据;有罪证据、间接证据、原始证据、实物证据。

完形填空
阅读下面短文,根据所读内容在文后第53至第57小题的空格里填上适当的单词或短语,并将答案转写到答题卷上。每空不超过3个单词。
One day, in spring, four lawyers were riding their horses along a country road.
There had been a storm, and the ground was very soft. Water was dripping(滴) from the trees, and the grass was wet. As they were passing through a grove(树丛) of small trees, they heard a great fluttering(拍翅) over their heads and a weak chirping(唧唧声) in the grass.
“What is the matter here?” asked the first lawyer, whose name was Speed. “Oh, it’s only some birds!” said the second lawyer, whose name was Hardin. “The storm has blown two of the little ones out of the nest. They are too young to fly, and the mother bird must be very worried about them.”
“What a pity! They’ll die down there in the grass,” said the third lawyer.
“Oh, well! They’re noting but birds,” said Hardin. “Why should we bother?”
Then they rode on, talking and laughing as before. In a few minutes they forgot about the birds.
However, the fourth lawyer, whose name was Abraham Lincoln, stopped. He got down from his horse and very gently put the little ones in his big warm hands. They did not seem frightened, but chirped softly, as if they knew they were safe. Then he looked up to find the nest from which they had fallen. It was much higher than he could reach from the ground, so Lincoln climbed up the tree. He put the birds softly one by one into their warm little home.
Soon the other three lawyers stopped at a spring(泉) to give their horses water.
“Where’s Lincoln?” asked one.
All were surprised to find that Lincoln was not with them.
In a few minutes Lincoln joined them. His shoes were covered with mud.
“Hello, Abraham!” said Hardin. “Where have you been?”
“I stopped a minute to give those birds to their mother,” he answered.
Then all three of them laughed heartily
Then all three of them laughed heartily. They thought it so foolish that a strong man should take so much trouble just for some worthless little birds.
“Gentlemen,” said Lincoln, “I would not sleep well tonight if I had left those helpless little birds on their own in the wet grass.”
Abraham Lincoln afterwards became very famous as a lawyer and statesman. He was then elected president. Next to Washington, he is regarded as one of the greatest American presidents.
Saving the birds
Brids
Two birds fell out their   53  in a tree with the rest in the nest fluttering.
The four lawyers’ attitudes towards the birds were not the same.
Speed
Hardin
The third lawyer
Abraham Lincoln
He just  54  what was going on here.
He didn’t care about the birds.
He showed  55  for the birds’ fate.
He stopped, picked the birds up and found where they had fallen. With great difficulty he climbed up to the nest which was   56  up in the tree and put the birds back, but the others laughed at him.
The greatness of a   57  man lies not only in his achievements but in his noble mind.
单项选择题