问题 问答题

假如张某不愿起诉,张某的爱人可以作为自诉人起诉吗

答案

参考答案:张某的爱人不能作为自诉人起诉。

解析:
  我国的刑事诉讼有公诉和自诉两种。自诉案件是指被害人及其法定代理人为了维护被害人的合法权益而直接向人民法院提起的刑事诉讼。一般来讲,自诉人是案件的受害人、受害人的法定代理人。该案张某的爱人为张某的近亲属,依《刑事诉讼法》第88条的规定:“对于自诉案件,被害人有权向人民法院直接起诉。被害人死亡或者丧失行为能力的,被害人的法定代理人、近亲属有权向人民法院起诉。人民法院应当依法受理。”《刑法》第98条规定:“如果被害人因受强制、威吓无法告诉的,人民检察院和被害人的近亲属也可以告诉。”即被害人的法定代理人、近亲属只有在被害人死亡或丧失行为能力,或者被害人因受强制、威吓而无法告诉等情况下方可由其近亲属告诉。而本题张某不愿意告诉,不符合《刑事诉讼法》、《刑法》中近亲属告诉的案件。

单项选择题
阅读理解

Feel tired lately? Has a doctor said he can’t find anything wrong with you? Perhaps he has sent you to a hospital, but all the advanced equipment there shows that there is nothing wrong with you.

Then, consider this: you might be in a state of sub-health(亚健康). Sub-health, also called the third state or gray state, is explained as a borderline(界限)state between health and disease.

According to the survey by the National Health Organization, over 45 percent of sub-healthy people are middle-aged or elderly. The percentage is even higher among people who work in management positions as well as students around exam-week.

Symptoms include a lack of energy, depression, slow reactions, insomnia, anger, and poor memory. Other symptoms include shortness of breath, sweating and aching in the waist and legs.

The key to preventing and recovering from sub-health, according to some medical experts, is to form good living habits, alternate work and rest, exercise regularly, and take part in open air activities.

As for meals, people are advised to eat less salt and sugar. They should also eat more fresh vegetables, fruits, fish because they are rich in nutritional elements -- vitamins and other elements that are important to the body.

Nutrition experts point out that it is not good to eat too much at one meal because it may cause unhealthy changes in the digestive tract(消化道). They also say that a balanced diet is very helpful in avoiding sub-health.

小题1:.

According to this passage, which of the following is true?

A.When you are in a state of sub-health, you should stay at home and keep silent.

B.When you are in a state of sub-health, you should go to see a doctor and buy some medicine.

C.When you are in a state of sub-health, you should have yourself examined in foreign countries.

D.When you are in a state of sub-health, you should find out the reasons and relax yourself.小题2:.

. It may be easy for middle-aged people to get sub-healthy because _________.

A.they have used up their energy

B.they have lost their living hopes

C.they have more pressure in life and work

D.they begin to get older小题3:.

. The key to preventing you from falling into a state of sub-health is that you should ________.

A.work hard

B.sleep more

C.form good living habits

D.take more medicine小题4:.

. The underlined word “alternate” in this passage is closest in meaning to _________.

A.arrange by turns

B.cause to take place

C.keep oneself busy with

D.get tired of