问题 单项选择题

根据我国刑事诉讼法以及相关司法解释的规定,下列哪项说法是正确的

A.被告人孙某可以审判员张某与本案自诉人李某的诉讼代理人认识为由,向法院申请张某回避

B.犯罪嫌疑人宋某可以本案证人王某曾担任过本案的侦查人员为由,申请王某回避

C.被告人田某可以本案审判员吴某在本案第一审程序中担任过书记员为由,申请吴某在本案第二审程序中回避

D.被告人齐某可以本案陪审员是被害人杨某的堂表兄为由,申请杨某回避

答案

参考答案:D

解析:[考点] 回避
根据《刑事诉讼法》第28、29、 31条,审判人员、检察人员、侦查人员、书记员、翻译人员和鉴定人存在回避情形,据此B项错误。需要回避的情形包括:(1)本案的当事人或者是当事人的近亲属的;(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)接受当事人及其委托的人的请客送礼;(6)违反规定会见当事人及其委托的人。据此,A项错误,D项正确。根据《刑诉解释》第31条第2款,凡在一个审判程序中参与过本案审判工作的合议庭组成人员,不得再参与本案其他程序的审判。书记员不是合议庭成员,据此C项错误。

阅读理解

Linda Evans was my best friend –like the sister I never had ,We did everything together: piano lessons ,movies, swimming , horseback riding.

When I was 13, my family moved away . Linda and I kept in touch through letters ,and we saw each other on special times — like my wedding and Linda’s. Soon we were busy with children and moving to new homes, and we wrote less often .One day a card that I sent came back , stamped “Address Unknown”. I had no idea about how to find Linda.

Over the years, I missed Linda very much. I wanted to share happiness of my children and then grandchildren . And I needed to share my sadness when my brother and then mother died, There was an empty place in my heart that only a friend like Linda could fill.

One day, I was reading a newspaper when I noticed a photo of a young woman who looked very much like Linda and whose last name was Wagman —Linda’s married name.“There must be thousands of Wagmans.”I thought, but I still wrote to her.

She called as soon as she got my letter, “Mrs , Tobin!”she said excitedly, “Linda Ev-ans Wagman is my mother.”

Minutes later I heard a voice that I recognized at once, even after 40 years . We laughed and cried and caught up on each other’s lives. Now the empty place in my heart is filled. And there’s one thing that Linda and I know for sure; We won’t lose each other again!

小题1:The writer went to piano lessons with Linda Evans       .

A.at the age of 13

B.before she got married

C.before the writer’s family moved away

D.after they moved to new homes小题2:They didn’t often write to each other because they       .

A.got married

B.had little time to do so

C.didn’t like writing letters

D.could see each other on special times小题3:There was an empty place in the writer’s heart because she       .

A.was in trouble

B.didn’t know Linda’s address

C.received the card that she sent

D.didn’t have a friend like Linda小题4:The writer was happy when she       .

A.read the newspaper

B.heard Linda’s voice on the phone

C.met a young woman who looked a lot like Linda

D.wrote to the woman whose last name was Wangman小题5:They haven’t kept in touch       .

A.for about 40 years

B.for about 27 years

C.since they got married

D.since the writer’s family moved away

单项选择题