问题 问答题

案情:严甲与周乙二人系邻居,且长期不睦。一日,因门口垃圾堆放又起争吵,继而相殴。因严甲体格较壮,周乙处于劣势,被按倒在地,恰周乙之弟周丙经过,看见哥哥被欺负,怒不可遏,遂前去帮手。周乙抽身回家随手拿了个木棍,朝严甲身上乱抡,严甲遂伤。经医院诊 断,严甲肘骨骨折,面轻微伤。严甲遂向派出所报案,值班警察认为这不过是邻里纠纷,不构成犯罪,进行了调解。严甲不服,径行向法院起诉,要求周乙赔偿医疗费、所经营店铺停业损失以及精神方面所承受的巨大痛苦。法院先对案件进行了调解,调解不成,遂由法官王丁和两名人民陪审员组成合议庭进行审判。合议庭在法定期限内作出刑事判决和附带民事判决。周乙对判决结果不服,提起了上诉。二审法院认为对周乙量刑太轻,但根据上诉不加刑原则,不能改判重刑,经过调查讯问审理之后,市法院遂以认定事实不清为由裁定将刑事部分发回重审。县人民法院安排原来的合议庭成员对此案进行重新审判。在重新审判后,合议庭加重了周乙的刑罚并对附带民事诉讼的赔偿额做了改动,并在判决书上写道:“本判决为终审判决,不得提起上诉、抗诉。”
问题:

周乙的父母能否代为赔偿

答案

参考答案:周乙的父母可以代为赔偿。《刑诉解释》第 87条规定:“附带民事诉讼的成年被告人,应当承担赔偿责任的,如果其亲属自愿代为承担,应当准许。”

写作题

阅读理解。

     When Kate was eighteen, her mother gave her a beautiful ring.  It was

a birthday present and Kate was very pleased. A-week later, when she

was working in the kitchen, she lost the ring. She looked everywhere in

the kitchen but she could not find it.  She also looked outside the kitchen

but she still couldn't find the ring. Kate became very sad. She even cried.

     That evening at supper time, her brother, Peter, was eating some cakes.

     "These are delicious cakes ! Who made them?"

     "I made them," Kate said. She was glad that her brother liked the cakes

she made.  She was very good at cooking.

     "Are there any ...? Oh !  ..." he started to ask, and then suddenly stopped.

He opened his mouth and took a ring out. "Where did this come from?" he

asked. "Mmm, this is a strange type of cake!"

     Kate was very excited.  " My ring ! "  she cried. She took it to the kitchen,

washed it and then came back. She thanked her brother.

     "I'm sorry you got such a surprise," she said,

     "but thank you very much for finding my ring. rii cook some more nice

cakes for you tomorrow . "

l. Her mother gave Kate _     _ as a birthday present.

A. a nice book

B. a beautiful ring

C. a gold watch

D. a new bike

2. Kate        .

A. broke the present while she was working

B. lost it in her own room

C. broke it while she was cooking

D. lost it while she was making cakes in the kitchen

3. Which of the following sentences is RIGHT?

A. Kate found the lost ring in the kitchen.

B. Kate found it outside the house.

C. Kate found it at school.

D. Kate couldn't find it anywhere.

4. Kate's brother found the ring _       .

A. while he was working

B. while he was playing outside

C. while he was eating cakes

D. while he was having lunch

5. Kate got back the ring and she          .

A. thanked her brother

B. said she would pay her brother for it

C. sang a nice song for her brother

D. said nothing to her brother but smiled to him

单项选择题 A1/A2型题