问题 问答题

中学生王某与周某是同学。王某在学校曾经参与打架事件,被周某告发而受到学校处分,王某一直耿耿于怀。一日,王某回家途中经过交通繁忙的某大街,发现周某正站在街边等车。王某走过去推了周某一把,想给他点颜色看看。周某未予理睬,王某便再次猛推周某,致使其摔倒在马路中央,被经过的车辆撞伤,送至医院时已经死亡。A县公安分局随即对本案立案侦查,并经检察院批准后将王某逮捕。A县法院一审过程中,王某的辩护人提出王某曾经修改户口簿上的年龄,其实际年龄还不满16岁,不应承担刑事责任。县人民法院未予采纳,认为王某已经年满16岁,应当承担刑事责任,判处王某有期徒刑8个月。王某提起上诉,二审法院裁定驳回上诉,维持原判决。王某刑满释放后回家,所在学校已经开除其学籍,邻居朋友都对其疏远并时常进行辱骂,使其精神上受到巨大痛苦。王某多方申诉,终于使本案得以再审。经查明,王某犯罪时实际年龄只有15岁,因此判决王某无罪,不承担刑事责任。王某获得无罪判决后,学习了国家赔偿法的有关知识,准备提出刑事赔偿的请求。问:

王某拟向赔偿义务机关申请刑事赔偿,请简述其程序

答案

参考答案:本案的赔偿义务机关是县人民法院,根据《国家赔偿法》第21条、第22条、第23条的规定,该刑事赔偿应遵循以下程序:(1)王某向县人民法院提出赔偿申请;(2)县人民法院在收到申请后2个月内给予赔偿;(3)逾期不予赔偿或者赔偿请求人对赔偿数额有异议的,赔偿请求人可以自期间届满之日起30日内向其上一级人民法院赔偿委员会申请作出赔偿决定;(4)赔偿委员会作出赔偿的终局决定。

完形填空

Ⅴ.Reading

A.

A holidaymaker in Australia was awakened by a “horrible, animal-like” noise outside her hotel window. When she went out, she saw a giant, hairy creature crossing the garden. “It was the ugliest thing I’ve ever seen and it smelled awful,” Tania Smith told investigators. She described the creature as “at least two and a half meters tall and covered with long, dark hair”. When the creature saw her, it roared like a bear and escaped into the woods. “It looked almost human with sad, frightened eyes,” she said.

According to Aborigine legend, a kind of ape man called the Yowie once populated Australia but when the Aborigines arrived thousands of years ago, they exterminated it. However, many people believe that the Yowie didn’t completely die out and may still survive in remote parts of Australia.

B.

A fisherman claims to have seen a flying creature which he later identified as a Ropen or “demon-flyer”. Ralph, who is a native of the remote Rambutyo Island of Papua New Guinea, was fishing at nightfall. “It flew out of the jungle, diving into the sea right by my boat. I was too terrified to move,” he told our reporter.

There have been several recent sightings of these mysterious bird-like animals. It is reported to have two leathery wings, a long tail, a long beak filled with sharp teeth and claws. The creature has a wing-span of up to two meters. Experts think it might be a kind of pterodactyl, making it the only surviving dinosaur. The natives say the Ropen is aggressive and eats fish.

C

Kate Brow was driving home from a day’s hiking when she saw a thylacine near the road. “At first I thought it was a cat because of the stripes on its back but it was much bigger,” she said. “I noticed its tail. It was like a kangaroo’s, long and thick near the body.” The thylacine, also known as the Tasmanian tiger, was a marsupial which once lived in Tasmanian, part of Australia. They were hunted by farmers because they attacked sheep and are now thought to be extinct. However, every year there are several unofficial sightings in remote areas of the island so it may not have disappeared completely.

D

There has been another sighting of the mysterious orang pendek in a national park of Indonesia. A local policeman claimed to have seen two orang pendeks, which is also called the “little man of the jungle”. “It was a small creature, only about a meter tall with short legs, broad shoulders and a hairy body.” When shown photographs of other primates, the man said it looked a bit like a gorilla but, he said “Orang pendek is more handsome than this animal, and its face is more like a human’s.” There have been so many similar sightings that the park director believes it may be an unknown species.

1.      Answer the questions.

2)                 What do the creatures in article A and D have in common?

3)                 Which creature do we know for certain existed in the past?

4)                 Which creature may rally exist?

5)                 Which eye-witness report is the most convincing?

计算题