问题 多项选择题

下列关于回避制度的说法中,不正确的有()

A.刘某曾在侦查阶段担任方某涉嫌故意伤害罪一案中的鉴定人,故不得在审查起诉阶段再次担任同一案件的鉴定人

B.李某曾是高某故意杀人案的一审辩护人,在该案二审程序中,高某拒绝继续委托李某担任辩护人。李某和高某解除委托关系后,可以接受同一案件被害人家属的委托,担任该案附带民事诉讼原告的代理人

C.张某向法庭申请法官韩某回避,理由是韩某曾接受对方当事人的送礼。对此,张某必须向法院提交相关的证明材料

D.王某系A市B区公安局长,在对苗某涉嫌诈骗罪一案进行侦查过程中,苗某申请王某回避。对王某的回避问题,应当由A市公安局长决定

答案

参考答案:A,D

解析:刑事诉讼回避是指同刑事案件有某种利害关系或其他特殊关系的侦查、检察、审判等人员不得参与处理本案的一项诉讼制度。关于回避制度的相关考试要点,我们在此为大家总结如下: 法定的应当回避的情形:(1)是本案的当事人和当事人的近亲属的;(2)本人或者他的近亲属和本案有利害关系的;(3)担任过本案的证人、鉴定人、辩护人、诉讼代理人的;(4)与本案当事人有其他关系,可能影响公正处理案件的;(5)侦查人员、检察人员、审判人员接受当事人及其委托的人的请客送礼,或违反规定会见当事人及其委托的人的。对(5)中的回避情形,当事人应当提供证明材料。 回避适用的人员:审判人员、检察人员、侦查人员、书记员、鉴定人和翻译人员。应当说明的是,不得以鉴定人、翻译人员先前在某一诉讼阶段曾经担任过鉴定人、翻译人员为由而申请其回避。 回避的类别:自行回避、申请回避、指令回避。自行回避是指侦查人员、检察人员、审判人员等,在自己负责办理的案件中,发现自己有应当回避的法定情形,而主动提出回避的要求。申请回避是指当事人及其法定代理人,认为本案的侦查、检察、审判等办案人员具有应当回避的情形,而向公安机关、检察机关、审判机关提出回避的请求。指令回避是指审判人员、检察人员、侦查人员等,在自己承办的案件中有依法应当回避的情形,但未提出回避要求,当事人及其法定代理人也未申请回避的,由有关负责人发现后,决定其回避的一种情形。 有权决定是否应当回避的个人和组织是:审判人员回避由院长决定;检察人员回避由检察长决定;侦查人员回避由公安机关负责人决定;院长回避由本院审判委员会决定;检察长、公安机关负责人回避由同级人民检察院检察委员会决定。

单项选择题
单项选择题

Raymond Arth knows he should feel better about the economy. His company hasn’t returned to its pre-recession revenues selling its wares to the makers of RVs and manufactured homes, but it is making a profit again. Like too many other small-business proprietors, Arth doesn’t fully trust this economic recovery. While he says he’s "guardedly optimistic" about it, his actions are all about the first half of that phrase,

In the Labor Department’s latest snapshot of the country’s job market, the private sector added 268,000 jobs in April, the largest gain in five years and the third consecutive month of solid job growth. Yet a more sobering account of where the economy might be headed—and arguably a more accurate barometer of the near-term future—is the monthly report published by the National Federation of Independent Business. After all, it’s small businesses, which have created two out of every three new jobs the economy has added since the early 1990s, that historically have led the country out of recessions. And it’s the owners of small businesses that the NFIB surveys each month for its Small Business Optimism Index.

On that front the news is anything but good. The index is down for the second straight month. Fewer small-business owners expect conditions to improve over the next half year a drop of 18 percentage points from January. The bulk of new hiring must be happening inside larger corporations, since their smaller counterparts on Main Street say they are generally reluctant to create new jobs. That aptly sums up the sentiments of Scott Lipps, the president of the Sleep Tite Mattress Factory. Before the downturn, Lipps says, his sales were about evenly split between his medical clients (hospitals and nursing homes) and consumers buying mattresses through a factory outlet. But sales to the general public plummeted starting in 2008.

"The families affected most by the economy have stopped buying," Lipps says. "And those who say ’We have to have a new mattress’ are downgrading to a medium-quality mattress. " Despite a 20 percent drop in sales, Lipps and his partner tried to forestall the inevitable by putting up $ 70,000 of their own money. But in 2010 they laid off three of their 18 full-time employees. "It should have happened in 2009, but we let our hearts run the company instead of our billfolds," Lipps says.

In Bartlesville, Mat Saddoris is feeling relatively more upbeat. Saddoris is the third-generation owner of United Linen, a restaurant-supply company that cut its workforce by more than 10 percent during the downturn’s darkest days. Revenues are back up to pre-2008 levels, and United Linen is back to its pre-recession staffing of 135 employees. But will he take the risk of growing the company "I talk to my customers and they’re optimistic—to a point," he says. "They’ve all come back from the pits, if you will, and things have been getting better in the past six or seven months. " But, he says, "I don’t think they’re ready to announce that things have turned around. \

What Scott Lipps says explains()

A. why small businesses are cautious in hiring people

B. why small businesses have not generated a profit

C. how the federal economic policies affect small businesses

D. how customers have changed their buying habits