问题 问答题

此案性质是行政赔偿还是刑事赔偿

答案

参考答案:

解析:[答案及解析] 是行政赔偿。此案的发生是公安机关抓赌博过程中公安人员违法使用武器引起,依照《治安管理处罚法》第 7、70条规定,公安机关有权对赌博行为进行查处,B乡派出所作为县公安机关的派出机构,自然有查处赌博行为的职权。王某和另外两名干警的行为是依照治安管理法规行使行政职权的行为,因为这一行政行为而发生了侵害被害人钱某生命权的后果。对这一损害的赔偿应是行政赔偿。如果公安机关是在对刑事案件侦查过程中违法打死了被害人,则属刑事赔偿。本案公安机关是以行政主体身份,行使行政管理职权,因而不是刑事赔偿而是行政赔偿。因我国公安机关本身既享有行政管理权,是行政机关,又行使刑事案件的侦查权,是刑事侦查机关,所以对公安机关侵权赔偿责任的性质应注意区分。[考点] 国家赔偿的程序性问题

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Last updated: Monday, Aug-12-2013, 08:54

USAIN BOLT of Jamaica won the men's 100 meters final during the IAAF World Athletics Championships in Moscow on Sunday.

Usain Bolt was made to look human by a combination of a Russian rainstorm and a fired-up Justin Gatlin on Sunday but the Jamaican superstar was still good enough to regain his world 100 meters title in a surging 9.77 seconds.

With former world and Olympic champion and twice-banned doper Gatlin leading at halfway, Bolt was forced to race a rival, rather than the clock.

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Last Updated: Monday, August 12, 2013, 10:38

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The 36-year-old American, who squandered a four-shot lead with four holes to play in losing the 2011 PGA Championship, fired a final-round two-under par 68 to finish on 10-under par 270 for 72 holes.

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Last updated: Wednesday, August 14, 2013, 10:35

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小题1:When did Bolt regain the men's 100 meters final?

A.August 11.

B.August 12.

C.August 13.

D.August 14.小题2:Where is the PGA held?

A.Jamaica.

B.Russia.

C.America.

D.Ireland.小题3:______ won the world championship at last after trying hard for 13 years.

A.Jason

B.Bolt

C.Isinbaeva

D.Heffernan