问题 问答题


案情:天津市中级人民法院一审以走私、贩卖毒品罪判处甲和乙死刑、剥夺政治权利终身。甲不服,认为自己是胁从犯提出上诉,天津市高级人民法院经开庭审理,改判甲死刑,缓期二年执行。天津市人民检察院分院认为天津市高级人民法院对该案的改判确有错误。最后此案经依法提出抗诉,由天津市高级人民法院重新审判,撤销原判,裁定维持原一审判决,并已依法执行两人死刑。
问题:

处理本案在报请最高人民法院复核死,刑案件时,发现二审法院违反法律规定的诉讼程序,应当如何处理

答案

参考答案:

解析:最高人民法院应不予核准,并撤销原判,发回重新审判。根据最高人民法院《关于复核死刑案件若干问题的规定》第5条规定:“最高人民法院复核后认为原审人民法院违反法定诉讼程序,可能影响公正审判的,裁定不予核准,并撤销原判,发回重新审判。”

阅读理解

阅读理解

     I wasn't interested in becoming a model at first. I worked as a receptionist in a beauty shop during high school. It was in South Dakota. A woman who had worked for Vogue-a famous fashion magazine said to me, "Why don't you go to New York and be a model?"

     So I went to New York at eighteen. I went to the first model agency, they thought that I was too

long-waisted. It was too bad since I came from South Dakota. I looked up in the telephone book. Hunting Hartford had just bought the agency. So I went there. I was in such a hurry that I couldn't give my name to the receptionist. About half an hour later, the man who had just taken over the agency-he had been a male model before-came in. I was just staring at this unfamiliar man when he said, "You! Come into my office!"

     How do you feel as a fashion model? Quite OK, I should say. But you stop thinking when you are

working. It takes a lot of nervous energy as well because the camera goes one, two, three very fast and

you have to move very fast. I like my job because it gives me freedom. I can have half a day off to do

things I like. I can't do that if I do a normal job. I never like becoming a secretary. They have to sit in the

office for eight hours a day, facing the same people.

     Most models, after one or two years, can't be still very interested in it. But I like being a model.

Maybe I was a born one, as many people say.

1. Who inspired the author's desire to become a model?

A. A woman customer in the beauty shop.

B. Hunting Hartford.

C. The author herself.

D. The author's father.

2. Why didn't the author return to South Dakota when she was first refused?

A. Because she had a strong desire to become a model.

B. Because South Dakota is far away from New York.

C. Because Hunting Hartford asked her not to go back.

D. Because she liked to be a receptionist at a beauty shop.

3. Which of the following is not true?

A. Hunting Hartford had an experience as a model.

B. Hunting Hartford thought the author might be a good model.

C. Hunting Hartford had always been a model agent.

D. Hunting Hartford accepted the author as a model.

4. Why did the author like being a model?

A. Because she liked the woman customer.

B. Because she liked the freedom.

C. Because she liked to have a regular work schedule.

D. Because she liked Hunting Hartford.

5. What can we learn from the passage?

A. Perseverance leads to your success.

B. Finding a job you like to do is important.

C. Both A and B.

D. Becoming a model is quite easy.

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