问题 单项选择题

某乡镇派出所在追查一起农村中发生的大批丢羊事件中,将农民李某误作为嫌疑犯抓到派出所,并对其进行打骂,尚未到24小时,就有人举报该案系邻村刘某所为,刘某所在村的村委会已将其押往派出所,而且刘某也已承认是自己偷了邻村的羊。派出所将李某释放,但并没有告诉李某事实的真相,派出所所长在李某离开派出所前,对李某说了句:“为什么抓你进来回去好好想一想吧!”李某已是60多岁的老汉,受不了这种侮辱,回村后就上吊自杀了。关于此案,下列说法正确的是:

A.李某死亡后,其继承人和其他有抚养关系的亲属,都有权向有关机关要求国家赔偿

B.李某死亡之后,只有其近亲属才有权向有关机关要求国家赔偿

C.李某所在村村委会有权向有关机关要求国家赔偿

D.该乡镇派出所应当作为赔偿义务机关向李某家属赔偿

答案

参考答案:A

解析:考点: 国家赔偿请求权人
  讲解:《国家赔偿法》第6条规定:“受害的公民、法人和其他组织有权要求赔偿。
  受害的公民死亡,其继承人和其他有扶养关系的亲属有权要求赔偿。
  受害的法人或者其他组织终止,承受其权利的法人或者其他组织有权要求赔偿。”
  依此,本题中受害人李某死亡,有权请求赔偿的主体是其继承人和其他有扶养关系的亲属,因而A项正确,B、C项错误。
  另外,该案的赔偿义务机关应为设立该镇派出所的县(区)公安分局,而非派出所本身,因为刑事程序的实施是以公安局的名义进行的,派出所无权以自己的名义作出这样的行为,故D项也错误。

多项选择题
阅读理解

One day, four lawyers were riding their horses along a country road. There had been a rain. Water was dripping(滴) from the trees, and the grass was wet. They rode slowly, talking and laughing. Suddenly they heard some noises from the tree above them. “What is the matter?” asked the first lawyer. “Oh, it’s only some old birds!” said the second lawyer. “The storm made one of the babies fall out of the nest. It is too young to fly, and the mother bird is very worried.” “What a pity! It’ll die down there in the grass,” said the third lawyer. “It doesn’t matter. It’s only a bird,” said the second lawyer. Then they rode on, talking and laughing as before. But the fourth lawyer, whose name was Abraham Lincoln, stopped. He got down from his horse and took the little one in his big warm hands.

“Never mind, my little fellow,” said Mr. Lincoln. “I will put you back in your little nest.” He climbed up the tree and put the bird softly into their warm little home. A few minutes later, Mr. Lincoln joined them again. His shoes were covered with mud and he was wet. Then the other three laughed at him. They thought it was foolish for a strong man to do so much just for a young bird. “Gentlemen,” said Mr. Lincoln, “I could not sleep tonight if I had left the helpless bird in the grass.” Later Abraham Lincoln became very famous as a lawyer. He also became the president of America. He was one of the greatest American presidents.

61. The reason why the mother bird was worried was that ______.

A. there was a rain  B. the lawyers were under its tree

C. one of its babies fell out of the nest    D. it could not fly

62. We can learn about the other three lawyers from the passage that ______.

A. the second lawyer was kind         B. they were all cold-hearted

C. they did something to save the baby bird   D. the third lawyer put the bird into its nest

63. The underlined phrase “little fellow” in paragraph 2 means ______.

A. the mother bird   B. Lincoln’s little friends

C. the other three lawyers      D. the baby bird

64. The other three lawyers laughed at Lincoln because ______.

A. he climbed the tree     B. he was wet

C. his shoes were covered with mud       D. they thought it foolish for him to do so

65. From the passage we know Lincoln ______.

A. liked riding horses   B. was very kind and loved birds and animals

C. liked being laughed at D. wanted to be the president of America then