问题 问答题


案情:杨某被单位辞退,对单位领导极度不满,心存报复。一天,杨某纠集董某、樊某携带匕首闯至厂长贾某办公室,将贾某当场杀死。中级法院一审以故意杀人罪判处杨某死刑,立即执行,判处董某死刑缓期二年执行,判处樊某有期徒刑十五年。
问题:

如一审宣判后,被告人杨某、董某、樊某均未上诉,检察机关亦未抗诉,但贾某的妻子对附带民事判决不服提起上诉,高级法院应按什么程序处理对杨某、董某的一审判决理由是什么

答案

参考答案:

解析:高级法院应按死刑复核程序处理对杨某、董某的一审判决。理由是:对刑事附带民事案件,其刑事部分与民事部分可以独立提出上诉,按最高法院的解释,如果只对民事部分提出上诉,其效力不影响刑事部分的效力,高级法院对杨某、董某的死刑判决不适用二审程序,而应按死刑复核程序处理。

阅读理解

Below is a housing guide for students going to London.

University accommodation(住所) office

Many university accommodation offices have their own list of registered landlords (房东). Others also provide information on accommodation agencies and other housing organizations. The advantage of using your university accommodation office is that you can get some support if you have 'a problem. The disadvantage is that they are unlikely to have enough registered landlords to house all their students.

Property papers: Loot and Renting

Loot is an important source (来源) of information about private housing for co-renters. The offers are from private landlords, agencies and individuals looking for other co-renters. They also have a website: www. loot. com. The advantage of using Loot is that there are some excellent bargains. The disadvantage is that there is no quality control over the offers.

Renting is another useful paper. The offers in this paper are mainly from accommodation agencies. Their website is at www. Renting.co. uk.

Accommodation agencies

The majority of rented accommodation in London is probably advertised through accommodation agencies. The advantage of using accommodation agencies is that you will have access to a large number of accommodations. A good agent will listen to your requirements and can save you time in looking for the right accommodation. The disadvantage is that they will make a range of charges to potential renters.

Noticeboards

Around the universities you will find a number of noticeboards where offers of accommodation will be posted. These will either be from landlords or from students. Some universities will also have online noticeboards where students can advertise to other students.  Advertisements from students can be an excellent way to find                                                             accommodation. However, advertisements from landlords can be problematic.

Word of mouth

Some of the best housing in London is never advertised but is passed on from one group of students to another by word of mouth. It might be that you can find out about good offers from final year students. However, don't suppose that just because you have found out about housing from a friend it is necessarily, going to be better than that found through any other source.

Family

Faced with the very high rents charged in London, some students and their parents will consider buying as an alternative. In some cases this might be a good choice.

1. What is the advantage of using Loot?

A. It has more offers from accommodation agencies than Renting.    

B. It gives you personal information about other co-renters.

C. Their website is designed mainly for students.    

D. There are some good bargains.

2. A good agent can help you      .

A. know more people                         

B. find cheap accommodation

C. get the right accommodation quickly

D. get free information about most accommodations

3. The information passed on by word of mouth is important because      .

A. it is better than that found through any other source

B. it helps you find some of the best housing never advertised    

C. the final year students always offer better information

D. the landlords have little valuable information

4. For students going to London for the first time, which of the following provides the most reliable information?

A. University accommodation offices.              

B. Loot and Renting.    

C. Noticeboards.                                 

D. Family.

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