问题 不定项选择

黄某故意杀人案,经人民法院一审判决黄某死刑缓期2年执行,在上诉和抗诉期内,被告人没有上诉,公诉人也没有抗诉。

如果在法院判决生效以后,被害人提起申诉,则在下列哪些情况下人民法院应当重新审判:

A.有新的证据证明原判决、裁定认定的事实确有错误的

B.证明案件事实的主要证据之间存在矛盾的

C.人民法院作出生效判决的程序有违法之处,有可能导致判决错误的

D.原判决适用法律错误的

答案

参考答案:A,B,D

解析:本题考查审判监督程序的提起条件。 《刑事诉讼法》第204条规定,当事人及其法定代理人、近亲属的申诉符合下列情形之一的,人民法院应当重新审判:(一)有新的证据证明原判决、裁定认定的事实确有错误的;(二)据以定罪量刑的证据不确实、不充分或者证明案件事实的主要证据之间存在矛盾的;(三)原判决、裁定适用法律确有错误的;(四)审判人员在审理该案件的时候,有贪污受贿,徇私舞弊,枉法裁判行为的。应当注意的是,程序违法并不是审判监督程序发生的条件。

单项选择题 B型题
阅读理解

Tom Becker has won the 2007 Waterstone's children's book prize with his first novel, Darkside, receiving a cheque for £1,000 and the promise of display in branches of the book store across the country.

The 25-year-old author described winning as an "unbelievable feeling". "I didn't think my book would be on the shortlist and stood a chance of winning, and it's amazing to receive such an important award at the beginning of my writing career. Needless to say I am absolutely made up." he said.

The novel, inspired by film noir(黑色电影), fantasy(幻想)and a fascination(迷恋)with the dark side of the 19th century, is for children between the ages of nine and 12. It tells the story of a boy, Jonathan Stirling, who discovers a similar world filled with vampires(吸血鬼)and werewolves(狼人). This alternative reality has a clearly Victorian air, and is ruled by a descendant(后裔)of Jack the Ripper. Soon hunters from the other side begin searching for Jonathan, who finds himself driven into their world.

Waterstone's head children's buyer, Wayne Winstone, thought highly of Becker's "huge" achievement. He said: "Tom Becker's writing style attracts you in the same way that Darren Shan's does with his mix of adventure and the supernatural. 

"I have a feeling that Tom has real potential(潜能)and could be one of the big names in children's writing in the future."

This year's shortlist also included Michael Broad's Jake Cake, Philip Caveney's Sebastian Darke and Siobhan Dowd's A Swift Pure Cry. Last year's prize was won by Julia Golding with The Diamond of Drury Lane.

小题1: How did Tom Becker feel at the news that he had won the prize? 

A.He was proud of his ability of making up stories.

B.He was shocked and didn’t believe it was true.

C.He was very surprised and delighted.

D.He had expected he would win the prize.小题2:Why was Tom Becker’s novel successful according to Wayne Winstone? 

A.Because his novel was inspired by film noir, fantasy and a fascination.

B.Because the novel was about the dark side of the 19th century.

C.Because his novel was intended for teenagers between the ages of nine and 12.

D.Because his writing style is attracting with the mix of adventure and the supernatural小题3:Which of the following is WRONG according to passage?

A.The novel Darkside is Tom Becker’s first novel.

B.The novel Darkside will be on display all over the country.

C.Philip Caveney also won the prize in 2007.

D.Jonathan is a major character in the novel Darkside.小题4:What can we infer from the passage?

A.Tom Becker is likely to be a most promising novelist in children’s writing in the future.

B.Darren Shan’s novels are all very popular with children between the ages of 9 and 12.

C.The Waterstone’s children’s book prize is an important prize for young novelists.

D.The novels of Michael Broad, Philip Caveney and Siobhan Dowd will be on the shortlist next year. 小题5:The best title for the passage is probably_______.

A.Tom Becker— a great writer for children

B.First-time author wins children’s fiction prize

C.An imaginary big prize

D.Tom Becker's writing style