问题 问答题

单某对先执行2年的有期徒刑应向谁提出赔偿请求后执行的“2年9个月零25天”应向谁提出赔偿请求

答案

参考答案:[参考答案:与解析]
根据国家赔偿法,依照审判监督程序再审改判无罪的,原判刑罚已经执行的,受害人有取得赔偿的权利,作出原生效判决的人民法院为赔偿义务机关,因此,对单某先执行2年的刑期,是根据作出资敌罪判决的人民法院的判决执行的,作出该判决的人民法院为赔偿义务机关。对单某后执行的“2年9个月零25天”刑期,是根据作出资敌罪判决的人民法院一审判决和作出维持一审贪污罪的第二审人民法院的判决执行的,因此,作出这两个错误判决的法院均有赔偿的义务,为共同赔偿义务机关,单某可向其中任何一机关请求赔偿,受请求的人民法院应先予赔偿,不得推向另一法院。

填空题

Questions 19-25


·Read the following article from a magazine and answer questions 19-25.
·For questions 19-25, choose the correct answer A, B, C or D.
·Mark your answer on the Answer Sheet.

The Big Easy on the Brink


A Category 5 hurricane would come barreling out of the Gulf of Mexico, It would cause Lake Pontchartrain, north of New Orleans, to overflow, pouring down millions of gallons of water on the city. Then things would really get ugly. Evacuation routes would be blocked. Buildings would collapse. Chemicals and hazardous waste would dissolve, turning the floodwaters into a lethal soup. In the end, what was left of the city might not be worth saving. "There’s concern it would essentially destroy New Orleans," says Suhayda, a water-resources expert at Louisiana State University.
New Orleans has always had a complicated relationship with the water surrounding it. Everyone told the first settlers this was the wrong place to build a city. It is wedged precariously between the mighty Mississippi and Lake Pontchartrain, and most of it was once swampland. Aggravating the problem is the fact that much of New Orleans is below sea level, so that after a good rain, the water just settles in. There is now a decent pumping system, which helps. Old-timers, however, still talk of the days when, after a bad storm, bodies were washed out of the cemeteries.
What is threatening New Orleans is a combination of two man-made problems: more levees and fewer wetlands. The levees installed along the Mississippi to protect the city from water surges have had an annoying effect: they have actually make it more vulnerable to flooding. That’s because New Orleans has been kept in place by the precarious balance of two opposing forces. Because the city is constructed on 100 feet of soft silt, sand and clay, it naturally "subsides", or sinks, several feet a century. Historically, that subsidence has been counteracted by sedimentation: new silt, sand and clay that are deposited when the river floods. But since the levees went up-mostly after the great flood of 1927—the river has not been flooding and sedimentation has stopped.
New Orleans’ other major man-made problem is that its wetlands and its low-lying barrier islands are disappearing. The Louisiana coast is losingl6,000 acres of wetland each year, mostly as a result of population expansion into once pristine areas, destructive oil and gas drilling, pollution and land loss through lack of sedimentation. As it turns out, wetland, and barrier islands aren’t just nice to look at; they are also a key natural barrier to hurricanes. (Every 2.7miles of wetland absorbs a foot of storm surge.) As the wetlands go, the chance of a hurricane blowing the city away grows.
So far, little has been done to save the city. However, while the grimmest of the doomsayers warn that New Orleans could be next Atlantis, some laid-back residents are saying that it could just as easily become the next Venice and that after the flood, the good times won’t roll—they’ll float.

It seems that ______.

A.all people have got much worried about the future of the city

B.some people are expecting a better view of the city after heavy storms

C.some people are leaving the city as it is not a good place to build a city

D.all people have an easy-going attitude towards the future of the city

问答题 简答题