被告人张某系退伍军人，被告人赵某系现役军人。张某曾在服役期间伙同赵某犯有抢劫罪。关于该案的审判管辖，下列说法哪一个是正确的( )
A．应当由军事法院一并管辖
B．应当由地方人民法院一并管辖
C．被告人张某由地方人民法院管辖，被告人赵某由军事法院管辖
D．应当先由军事法院一并管辖，然后再把被告人张某移交地方人民法院管辖
参考答案：C
解析：《刑事诉讼法》第20条规定：“现役军人(含军内在编职工，下同)和非军人共同犯罪的，分别由军事法院和地方人民法院或者其他专门法院管辖；涉及国家军事秘密的，全案由军事法院管辖。”第21条规定，“下列案件由地方人民法院或者军事法院以外的其他专门法院管辖：……”(四)退役军人在服役期内犯罪的(犯军人违反职责罪的除外)。本题中，退役军人张某在服役期间所犯并非军人违反职责罪，也非涉及国家军事秘密的案件，故应由地方人民法院管辖。而同案犯赵某由于系现役军人，故应由军事法院管辖。故本题正确答案为C。
| Few creatures on earth are as cute as the black lion tamarin, and few have as dramatic a story line. Pug-nosed and diminutive, with a comic fringe of hair, these monkeys dwell in trees in small tracts of forest in southeastern Brazil. Or they did until 1905, when they were declared extinct. No one saw a black lion tamarin again in the wild until 1970. Later, in the 1990s, some Brazilian researchers turned up a small set of isolated, inbred populations scattered over a wide region. Since that time, they have been engineering tamarin migration, doing everything they can to save the world’s most distinctive primates. Although they are no larger than house cats, tamarins have brains big for their size and a family life organized like our own. They live in groups anchored by an adult male andadult female, along with their offspring. When a mother bears young, she usually produces twins, and although members of the group share in their upbringing, it is most often the father who carries them around in the trees, where the families feed on fruits, insects and bird’s eggs. Unhappily for the lion tamarins, their tree-bound niche began to disappear after the Portuguese landed in Brazil and began clearing forest to make room for Rio de Janeiro, the settlements and farms. As is the case for so many threatened species, the breakup of their habitat sounded the death knell for tamarins, depriving them of the continuity of forest they require to remain abundant and safe from potential threats in any single vicinity. The animals avoid predators by hardly ever coming down from the trees, so even a narrow logging road through a forest can begin the breakup by preventing them from moving from one patch of forest to another. A simple solution was to build bridges across roads, allowing the monkeys to move from one forest to another. With some lumber and the researchers’ work, habitats that had been separated became continuous again, improving opportunities for migrating and mating. The next step was to broaden the distribution of the population. The researchers captured two families of black lion tamarins and moved them to a new forest. After a year, the moves were declared a success: Not only had 80 percent of the tamarins survived, but they had also produced new offspring. So far, so good. The researchers had learned the animals could adjust to the new habitats, even if the insects there tasted a little different or the trees were a slightly different size. The techniques for saving species in the wild vary. Species with less stringent habitat requirements, like wild turkeys, have been rescued by moving them into new settings as well as outlawing their killing. More challenging to preserve are species that require a lot of land, like elephants, and species that have highly specific requirements for habitat and prey -- like black-footed ferrets. Ultimately, as in all challenges, knowledge is power to save wild species from extinction. |
A tamarin can be called any of the following EXCEPT ______.
A．a monkey
B．a primate
C．a house cat
D．a lion tamarin