问题 多项选择题

某市食品卫生监督检验所工作人员刘某对王某经营的某餐厅进行卫生检查,在检查过程中发现该餐厅工作人员操作均不符合卫生标准,并且餐厅内卫生状况极差。刘某遂当场制作了现场笔录。市食品卫生监督检验所依据该现场笔录对王某进行了行政处罚。王某不服向人民法院提起了行政诉讼;

原告王某提出被告收集证据时严重违反法定程序,所作的决定应予撤销,被告违反法定程序收集证据表现为以下几个方面:()

A.被告执法检查时只有一名工作人员

B.在当时的情形下,被告应提取其他证据,而不应制作现场笔录

C.被告制作现场笔录未经在场证人签名或盖章

答案

参考答案:A, C

解析:

现场笔录的制作程序是:①现场制作;②有当事人或其他证人签名盖章。依照《行政处罚法》第37条,行政机关在调查或者进行检查时,执法人员不得少于两人,并应当向当事人或者有关人员出示证件。

单项选择题

Bernard Jackson is a free man today, but he has many bitter memories. Jackson spent five, years in prison after a jury wrongly convicted him of raping two women. At Jackson’s trial, although two witnesses testified that Jackson was with them in another location at the times of the crimes, he was convicted anyway. Why The jury believed the testimony of the two victims, who positively identified Jackson as the man who had attacked them. The court eventually freed Jackson after the police found the man who had really committed the crimes. Jackson was similar in appearance to the guilty man. The two women had made a mistake in identity. As a result, Jackson has lost five years of his life.

The two women in this case were eyewitnesses. They clearly saw the man who attacked them, yet they mistakenly identified an innocent person. Similar incidents have occurred before. Eyewitnesses to other crimes have identified the wrong person in a police lineup or in photographs.

Many factors influence the accuracy of eyewitness testimony. For instance, witnesses sometimes see photographs of several suspects before they try to identify the person they saw in a line-up of people. They can become confused by seeing many photographs or similar faces. The number of people in the line-up, and whether it is a live line-up or a photograph, may also affect a witness’s decision. People sometimes have difficulty identifying people of other races. The questions the police ask witnesses also have an effect on them.

Are some witnesses more reliable than others Many people believe that police officers are more reliable than ordinary people. Psychologists decided to test this idea, and they discovered that it is not true. Two psychologists showed a film of crimes to both police officers and civilians. The psychologists found no difference between the police and the civilians in correctly remembering the details of the crimes.

Despite all the possibilities for inaccuracy, courts cannot exclude eyewitness testimony from a trial. American courts depend almost completely on eyewitness testimony to resolve court cases. Sometimes it is the only evidence to a crime, such as rape. Furthermore, eyewitness testimony is often correct. Although people do sometimes make mistakes, many times they really do identify individuals correctly.

American courts depend on the ability of the 12 jurors, and not the judges, to determine the accuracy of the witness’s testimony. It is their responsibility to decide if a certain witness could actually see, hear, and remember what occurred.

In a few cases, the testimony of eyewitnesses has convicted innocent people. More importantly, it has rightly convicted a larger number of guilty people; consequently, it continues to be of great value in the American judicial system.

What is the main idea of the passage?()

A.Bernard Jackson spent five years in prison for no crime of his own.

B.Eyewitness testimony, although sometimes incorrect, is valuable.

C.Police officers are no better eyewitnesses than civilians are.

D.American courts rightly convict a larger number of guilty people.

问答题

五、某建设单位和施工单位按照《建设工程施工合同(示范文本)》签订了施工合同,合同中约定:建筑材料由建设单位提供:由于非施工单位原因造成的停工,机械补偿费为200元/台班,人工补偿费为50元/日工;总工期为120天;竣工时间提前奖励为3000元/天,误期损失赔偿费为5000元/天。经项目监理机构批准的施工进度计划如图5-1所示(单位:天)

 图5-1施工进度计划 施工过程中发生如下事件:   事件1:工程进行中,建设单位要求施I单位对某一构件作破坏性试验,以验证设计参数的正确性。该试验需修建两间临时试验用房,施工单位提出建设单位应该支付该项试验费用和试验用房修建费用。建设单位认为,该试验费属建筑安装工程检验试验费,试验用房修建费属建筑安装工程措施费中的临时设施费,该两项费用已包含在施工合同价中。   事件2:建设单位提供的建筑材料经施工单位清点入库后,在专业监理工程师的见证下进行了检验,检验结果合格。其后,施工单位提出,建设单位应支付建筑材料的保管费和检验费;由于建筑材料需要进行二次搬运,建设单位还应支付该批材料的二次搬运费。   事件3:①由于建设单位要求对B工作的施工图纸进行修改,致使B工作停工3天(每停一天影响30工日,10台班);②由于机械租赁单位调度的原因,施工机械未能按时进场,使C工作的施工暂停5天(每停一天影响40工日,10台班);③由于建设单位负责供应的材料未能按计划到场,E工作停工6天(每停一天影响20工日,5台班)。施工单位就上述三种情况按正常的程序向项目监理机构提出了延长工期和补偿停工损失的要求。   事件4:在工程竣工验收时,为了鉴定某个关键构件的质量,总监理工程师建议采用试验方法进行检验,施工单位要求建设单位承担该项试验的费用。该工程的实际工期为l22天。   问题:

事件1中建设单位的说法是否正确?为什么?