问题 问答题

中级人民法院裁定撤销原判,发回原审人民法院重新审判是否正确

答案

参考答案:中级人民法院裁定撤销原判,发回原审人民法院重新审判是正确的。因为本案一审判决将重伤害认定为轻伤害,属于认定事实不清楚。

解析:
  《刑事诉讼法》第189条规定:“第二审人民法院对不服第一审判决的上诉、抗诉案件,经过审理后,应当按照下列情形分别处理:(一)原判决认定事实和适用法律正确、量刑适当的,应当裁定驳回上诉或者抗诉,维持原判;(二)原判决认定事实没有错误,但适用法律有错误,或者量刑不当的,应当改判;(三)原判决事实不清楚或者证据不足的,可以在查清事实后改判;也可以裁定撤销原判,发回原审人民法院重新审判。”本案一审判决将重伤害认定为轻伤害,正属于认定事实不清楚。故中级人民法院的裁定是正确的。

单项选择题
阅读理解

阅读理解

     Americans are proud of their variety and individuality, yet they love and respect few things more than

a uniform, whether it is the uniform of an elevator operator or the uniform of a five-star general . Why are

uniforms so popular in the United States?

     Among the arguments for uniforms, one of the first is that in the eyes of most people they look more

professional than civilian(百姓的)clothes . People have become conditioned to expect superior quality

from a man who wears a uniform . The television repairman who wears uniform tends to inspire more

trust than one who appears in civilian clothes . Faith in the skill of a garage mechanic is increased by a

uniform . What easier way is there for a nurse, a policeman, a barber, or a waiter to lose professional

identity(身份)than to step out of uniform?

     Uniforms also have many practical benefits . They save on other clothes . They save on laundry bills .

They are tax-deductible(可减税的) . They are often more comfortable and more durable than civilian

clothes.

     Primary among the arguments against uniforms is their lack of variety and the consequent loss of

individuality experienced by people who must wear them . Though there are many types of uniforms, the

wearer of any particular type is generally stuck with it, without change, until retirement . When people

look alike, they tend to think, speak, and act similarly, on the job at least.

     Uniforms also give rise to some practical problems . Though they are long-lasting, often their initial

expense is greater than the cost of civilian clothes . Some uniforms are also expensive to maintain,

requiring professional dry cleaning rather than the home laundering possible with many types of civilian

clothes.

1 . It is surprising that Americans who worship variety and individuality _______.

A . still judge a man by his clothes

B . hold the uniform in such high regard

C . enjoy having a professional identity

D . will respect an elevator operator as much as a general in uniform

2 . People are accustomed to think that a man in uniform _______.

A . suggests quality work

B . discards his social identity

C . appears to be more practical

D . looks superior to a person in civilian clothes

3 . The chief function of a uniform is to _______.

A . provide practical benefits to the wearer

B . make the wearer catch the public eye

C . inspire the wearer's confidence in himself

D . provide the wearer with a professional identity

4 . The best title for this passage would be _______.

A . Uniforms and Society

B . The Importance of Wearing a Uniform

C . Practical Benefits of Wearing a Uniform

D . Advantages and Disadvantages of Uniforms