问题 问答题 案例分析题

2008年2月7日,在河南郑州农村某田野上,几个放羊人在火堆旁烤火。突然,从火堆里发出巨响,村民王德龙被炸伤了眼睛。原来,是在场的少年武小军捡到一只蜡烛般大小的鞭炮,他两次将鞭炮埋入火堆中,从而引起爆炸。武小军的父亲将王德龙送往医院,并为其支付了4000多元的医疗费用。王德龙被鉴定为6级伤残,后续治疗费用高达50000余元。王德龙多次找到孩子的父亲要求赔偿,但孩子的父亲却认为孩子不懂事,事发现场的成年人看到孩子往火堆里埋鞭炮却不加制止,责任应该由成年人承担。王德龙遂将武小军及其父告上了法庭。法院受理此案后认为,双方争执的焦点即责任的认定,取决于事发现场的成年人是否看到孩子两次向火堆里埋鞭炮的这一行为。在场的另一小孩证明王德龙看到武小军的行为而不加以制止,武小军也如是说。在法院最初调查时,在场的另一个成年人王朝说自己什么也没看到,自己刚坐下,鞭炮就响了。在场的另外两个小孩也证明王朝后到,只看到结果。可是后来在法庭上,王朝却替王德龙作证说,王德龙没有看到武小军往火堆里埋鞭炮。由于王朝的前后说法不一致,法庭对王朝进行了耐心的询问,王朝终于说出了实情:由于王德龙曾帮助王朝的侄女在县城找到工作,所以王德龙找到他要他作伪证时,他碍于人情,便答应了。合议庭在了解事实真相后,当场作出了口头决定,对王朝罚款1000元,拘留3天。

人民法院可以对罚款和拘留的强制措施应如何适用?

该合议庭的做法是否正确?为什么?

王朝不服法院的决定欲向上级法院上诉,并就此咨询其诉讼代理人。如果你是王朝的诉讼代理人,应如何回答?

答案

参考答案:

(1)对罚款和拘留可以同时适用。依据《民诉意见》第118条的规定,罚款、拘留措施可以单独适用,也可以合并适用。但是罚款和拘留措施不得连续适用。如果有新的妨害民事诉讼行为出现,则可以再采取罚款和拘留的强制措施。

(2)该合议庭的做法不正确。罚款和拘留是比较严重的强制措施,法律规定了严格的适用程序。罚款和拘留只能由合议庭或独任审判员提出处理意见,报请院长批准后执行。同时人民法院应当制作决定书,并将此决定书正式通知或出示给行为人。

(3)如果王朝不服法院的决定,可以向作出决定的法院的上级人民法院申请复议一次,而不能提起上诉。

阅读理解

Many people influenced various aspects of my life, based on their personal characteristics, accomplishments and values. I have been fortunate to have had numerous teachers and professors who I respect for their patience and intelligence. There are artists that have inspired me by their natural talents and original creativity. I value many political leaders, who have inspired me by their contributions to society, and their ability to change our futures. But of all the people I have known in my life, the person I admire most is my father.

As the youngest girl in my family, I always considered myself to be “Daddy's little girl”. While I grew up, it always made me sad to see so many of my friends and neighbors without a father or father-like figure around. This helped me appreciate how my father always takes an interest in his children's lives. In every aspect of my life my father continuously pushes me to excel, so I could accomplish my work outstandingly among my people. Whenever I feel like giving up, or have a question or a concern, I know I can always call on him for advice. From him I have also learned that sometimes you have to put others' needs ahead of your own, but you should make sure you are not taken advantage of by others. His strength seems to be unbreakable during hard times, and he is extremely determined to accomplish anything he sets his mind on, no matter how tiny it is. I highly respect him for how he stands up for what he believes in, and will never back down. I have always admired his open mind, compassion(同情) for people, and sense of understanding. He is a very reserved(保守的) man, but to everybody's surprise, he has a great sense of humor, and always knows how to put a smile on the faces of his wife, his children and his friends.

Living in his affection and instruction, I am very proud of my father. He also professes how proud he is of his children, and is still there to support us in whatever we are involved in.

小题1:Which of the following could not be used to describe the author's father?

A.Considerate and humorous.

B.Affectionate and open-minded.

C.Energetic and helpful.

D.Learned and fashionable.小题2:Which of the following can best explain the underlined word“excel”?

A.Show off.

B.Do better than others.

C.Be cleverer than others.

D.Keep healthy.小题3:According to the underlined part, the father was telling the author to _________

A.try to be good to those who were worth making friends with.

B.try to take advantage of those who were friendly to her.

C.think about others and help them, but not to be made use of in a negative way.

D.think about others and help them, so that she could make them serve her.小题4: What can we infer about the author?

A.She appreciated her father because he solved all the problems for her.

B.She considered her father humorous and was often made to laugh by him.

C.She was outstanding in work because her father pushed her hard.

D.She had compassion for the fatherless.

判断题