问题 多项选择题

根据国家赔偿法的刑事赔偿程序的规定,人民法院赔偿委员会应当受理的案件是:

A.县公安机关工作人员在侦查一件抢劫案时,对犯罪嫌疑人王某刑讯逼供,造成王某重伤。经公安机关确认,应予赔偿,王某依法申请赔偿,对赔偿决定不服又向市公安机关申请复议,对复议决定不服,在法定期间内向市公安机关所在地的中级人民法院赔偿委员会申请作出赔偿决定

B.检察机关在侦查一起贪污案件中,对犯罪嫌疑人赵某的一辆汽车扣押,后赵某被排除嫌疑,经检察机关依法确认应当予以赔偿,赵某依法向检察机关申请赔偿和向上级检察机关申请复议,但是,上级机关逾期不予答复,赵某遂向上级检察机关所在地的同级人民法院申请作出赔偿决定

C.张某在再审中被改判无罪,于是向作出生效判决的一审法院申请赔偿,一审法院逾期不予赔偿,于是,张某向上一级法院赔偿委员会申请作出赔偿决定

D.人民法院是赔偿义务机关,杨某申请赔偿,但是觉得法院赔偿的太少,于是向上一级法院赔偿委员会申请作出决定

答案

参考答案:A,B,C,D

解析:根据《国家赔偿法》第12、20、22条的规定,赔偿义务机关对依法确认有第15、16条规定的情形的,应予赔偿。赔偿义务机关逾期不予赔偿或者赔偿请求人对赔偿数额有异议的,赔偿请求人可以向上一级机关申请复议,赔偿义务机关是法院的,赔偿请求人可以向上一级法院赔偿委员会申请作出赔偿决定。赔偿请求人不服复议决定或者复议机关逾期不作决定,赔偿请求人可以向复议机关所在地同级法院赔偿委员会申请作出决定。

单项选择题 案例分析题
单项选择题

The "standard of living" of any country means the average person’s share of the goods and services which the country produces. A country’s standard of living, (1) , depends first and (2) on its capacity to produce wealth." Wealth" in this sense is not money, for we do not live on money (3) on things that money can buy. "Goods" such as food and clothing, and "services" such as transport and " (4) ". A country’s capacity to produce wealth depends upon many factors, most of (5) have an effect on one another. Wealth depends (6) a great extent upon a country’s natural resources. Some regions of the world are well supplied with coal and minerals, and have a fertile soil and a (7) climate; other regions possess none of them.

Next to natural resources (8) the ability to turn them to use. China is perhaps as well (9) as the USA in natural resources, but suffered for many years from civil and (10) wars, and (11) this and other reasons was (12) to develop her resources. (13) and stable political conditions, and (14) from foreign invasion, enable a country to develop its natural resources peacefully and steadily, and to produce more wealth than another country equally well (15) by nature but less well ordered.

A country’s standard of living does not only depend upon the wealth that is produced and consumed (16) its own borders, but also upon what is indirectly produced through international trade. (17) , Britain’s wealth in foodstuffs and other agricultural products would be much less if she had to depend only on (18) grown at home. Trade makes it possible for her surplus manufactured goods to be traded abroad for the agricultural products that would (19) be lacking. A country’s wealth is, therefore, much influenced by its manufacturing capacity, (20) that other countries can be found ready to accept its manufactures.

19()

A.likely

B.likewise

C.certainly

D.otherwise