问题 问答题

[案情] 赵某于2007年5月因抢夺罪一审被甲县人民法院判处有期徒刑5年。判决宣告后,赵某没有上诉,县人民检察院没有抗诉。年底全院检查工作时,院长发现该案认定事实有误,且适用法律错误,应为一起抢劫案件,于2008年1月决定提起再审,并指令原审判该案的合议庭重新审理。甲县人民法院不开庭审理了此案,并于2008年9月判决赵某犯抢劫罪,判处有期徒刑10年,同时规定“本判决是终审判决,不得上诉、抗诉。”问:本案审判监督程序存在哪些错误说明理由。

答案

参考答案:甲县人民法院院长单独决定提起再审程序错误。各级人民法院院长对本院已经发生法律效力的判决和裁定,如果发现在认定事实上或者在适用法律上确有错误,必须提交审判委员会处理。院长无权单独决定提起再审程序。
2.由原审判该案的合议庭重新审理错误。为了避免先入为主,保障程序公正和实体公正的实现。人民法院按照审判监督程序重新审判的案件,应当另行组成合议庭进行。
3.甲县人民法院不开庭审理是错误的。如果原来是第一审案件,应当依照第一审程序进行审判,所作的判决、裁定,可以上诉、抗诉。依照第一审程序审理的再审案件,应当依法开庭审理。甲县人民法院再审必须开庭审理。
4.甲县人民法院于2008年9月作出判决错误。人民法院按照审判监督程序重新审判的案件,应当在作出提审、再审决定之日起3个月以内审结,需要延长期限的,不得超过6个月。本案中再审经过了8个月,严重超期。
5.宣告再审判决是终审判决,不得上诉、抗诉错误。如果原来是第一审案件,应当依照第一审程序进行审判,所作的判决、裁定,可以上诉、抗诉。

选择题
阅读理解

阅读理解。

     If you were walking around a supermarket and saw a woman with a shaved head, a ring through her nose,

a tattoo (纹身) design on her arm and she has a small child in her shopping trolley, what would your opinion

be? Do you think this kind of body decoration is attractive or ugly? Different people have different ideas. The

following are some examples of body decoration from around the world.

     In many parts of Africa, it is thought that an attractive girl should have really shinny skin.

     On Bali, a little island in Indonesia, they believe that a beautiful woman or handsome man must have

perfectly straight, flat teeth. The Balinese believe that teeth with pointed edges make you look like an ugly wild

animal. So when a girl or boy becomes a teenager, he or she is taken to a special person in their village who

will file off teeth points to make them smooth and flat. There is no anesthetic (麻药) and this tooth filing is

really painful. It is a kind of test. If you can stand it without screaming or crying too much, then you are

thought ready to become an adult.

     In Myanmar, there is a small group of people who are called the "Papaung". They believe that a woman can

only be really beautiful if she has a long neck. I mean a VERY long neck. Now you might think that you are

either born with a long or short neck and that there's nothing whatever you can do about it. But you would be

wrong! At around the age of 5, a Papaung girl has heavy metal rings fitted around her neck, tightly between the

chin and shoulders. Each year more rings are added and very, very slowly their weight pushes the shoulders

down, in this way making the neck look longer. A Papaung woman will wear her neck rings all her life, never

once taking them off.

1. What is mainly talked about in paragraph one?

A. Women's design.

B. Body decoration.

C. Attractive decoration.

D. Beautiful body decoration.

2. What does the underlined word "trolley" mean?

A. shopping cart

B. luggage

C. schoolbag

D. basket

3. On Bali, it is believed that _____.

A. a person with sharp teeth looks ugly

B. a person with straight, flat teeth looks ugly

C. a teenager's teeth points must be filed off with anesthetic

D. no one will scream or cry when having his teeth points filed off

4. Which of the following is NOT true?

A. Most African people think that a girl with shinny skin is beautiful.

B. It is thought that a beautiful woman should have straight, flat teeth on Bali.

C. Some people think it beautiful that a woman has a long neck in Myanmar.

D. Many people think that a woman with a ring through nose is neither attractive nor ugly.