问题 多项选择题

某县城管执法局认定琼林机械公司违法建房,遂决定强制拆除其违法建筑。其后,强制拆除决定被依法确认为违法。琼林机械公司要求县城管执法局予以赔偿,遭到拒绝,于是向法院提起行政赔偿诉讼。琼林机械公司除向法院提供证据证明房屋损失外,还提供了当时在场的本公司员工甲与当地居民周某的书面证言(二人未出庭作证),以证明房屋被拆除时房屋内有办公用品、机械设备未搬出,县城管执法局对此应予赔偿。县城管执法局提交了执法人员所作现场笔录证据以及琼林机械公司员工乙和执法人员郑某的书面证言(二人未出庭作证),以证明房屋内没有物品。此外,在场当地居民毛某等三人以及执法人员鲁某、琼林机械公司员工丙出庭作证,证明房屋内当时确实没有任何物品。

根据有关法律和司法解释,下列关于法院对本案证据进行审查认定以及认定案件事实的说法中,正确的有( )。

A.法院对本案经过庭审质证的证据应进行审查,对无须庭审质证的证据不进行审查

B.法院对本案可能涉及的按照法律规定推定的事实可以直接认定

C.法院对本案可能涉及的根据日常生活经验法则推定的事实可以直接认定

D.若法院主持调解,琼林机械公司为达成调解协议而认可部分事实,则法院不得在其后的诉讼中将此作为对其不利的证据使用

E.如本案中有新的证据材料可能推翻已认定的证据,则法院应再次开庭予以确认

答案

参考答案:B,C,D,E

解析: 法庭在审理案件时,需要对经过庭审质证的证据和无需质证的证据进行逐一审查和对全部证据进行综合审查,在遵循法官职业道德、运用逻辑推理和生活经验的基础上,对证据进行全面、客观和公正的分析判断,以确定证据材料与案件事实之间的证明关系,排除不具有关联性的证据材料,准确地认定案件事实。
对下列事实,法庭也可以直接认定:众所周知的事实;自然规律及定理;按照法律规定推定的事实;已经依法证明的事实;根据日常生活经验法则推定的事实。
在行政赔偿诉讼中,人民法院主持调解时,当事人为达成调解协议而对案件事实的认可,不得在其后的诉讼中作为对其不利的证据。
如法庭发现当庭认定的证据有误,可以按照下列方式纠正:庭审结束前发现错误的,应当重新进行认定;庭审结束后宣判前发现错误的,在裁判文书中予以更正并说明理由,也可以再次开庭予以认定;有新的证据材料可能推翻已认定的证据的,应当再次开庭予以确认。

单项选择题
单项选择题

To be a good friend, you have to give of yourself, nonetheless not so much that you lose yourself. This is a pretty predictable recipe for happiness. Giving to others—a reliable way of fostering friendships—makes us happier than taking things for ourselves. In the light of research led by Dr. Elizabeth Dunn at the University of British Columbia, money can purchase happiness...on the prerequisite that you utilize it on other people.

Researchers administered three studies consecutively. First, they surveyed more than 600 Americans and found that spending money on gifts and charities led to greater happiness than spending money on oneself.

Subsequently they probed into workers who had just received bonuses and observed that their happiness did not hinge on the size of their bonus but on the decision they made about what to do with whatever amount of money they received. Those who spent more of their bonus on others were happier than those who spent the money on themselves.

Finally, the researchers simply distributed money to a good many subjects, instructing some to spend the money on themselves and others to spend the money on others. At the end of the day, the ones who spent money on others were a good deal happier.

As a consequence, having friends and treating them generously is clearly a winning strategy in life. But what about in business

If you watch even a single episode of any reality TV show based on a competition, such as The Apprentice, you’ll hear a single phrase crop up more often than any other: "I’m not here to make friends!" Is that true Are we better off being cutthroat than collaborative

Once you’re on the job, having a best friend at work is a p predictor of ensuing success. People might define "best" loosely (think of this as kindergarten where you can have more than one "best" friend), but according to a Gallup Organization study of more than 5 million workers over 35, 56% of the people who say they have a best friend at work are engaged, productive, and successful while only 8% of the ones who don’t are.

Another remarkable study, spanning decades, revealed that friendships in high school were an effective predictor of increased wages in adulthood—to the tune of 2% per person who considered you a close friend. To put it otherwise, if in high school three people regarded you as one of their closest same-sex friends, your earnings in adulthood work would be 6% higher.

The happy truth is that the competitors who say they’re not here to make friends don’t win eventually. That’s true for reality TV, for business, and for life as well.

According to Dr. Elizabeth Dunn’s research, ()

A. you’ll gain friendship if you are ready to sacrifice

B. giving of yourself can secure you much happiness

C. money can make you happy if employed in a proper way

D. accepting things from others may not make us happy