问题 问答题

如果人民检察院拒绝受理人民法院移送的案卷材料的做法是正确的,人民法院应该怎样作,才能惩罚罪犯,维护被害人的合法权益

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解析:[答案及理由] 根据《刑诉法解释》第188条的规定,对于不属于自诉范围的案件,人民法院应当说服自诉人撤回自诉,或者裁定驳回起诉。同时根据我国《刑事诉讼法》第84条第3款的规定:“公安机关、人民检察院或者人民法院对于报案、控告、举报,都应当接受。对于不属于自己管辖的,应当移送主管机关处理,并且通知报案人、控告人、举报人;对于不属于自己管辖而又必须采取紧急措施的,应当先采取紧急措施,然后移送主管机关。”根据该条规定,人民法院应当将案卷材料移送公安机关处理,并通知控告人乙。

单项选择题

Children attending schools located in high-traffic zones have a 45 percent increased risk of developing asthma, even though time spent at school only accounts for about one-third of a child’s waking hours, according to new research.

Asthma is the most common chronic childhood illness in developed countries and has been linked to environmental factors such as traffic-related air pollution. "While residential traffic-related pollution has been associated with asthma, there has been little study of the effects of traffic exposure at school on new onset asthma," says Rob McConnell, professor of preventive medicine at USC’s Keck School of Medicine. "Exposure to pollution at locations other than home, especially where children spend a large portion of their day and may engage in physical activity, appears to influence asthma risk as well."

The study appears online in the journal Environmental Health Perspectives. The study drew upon data from the Children’s Health Study (CHS), a longitudinal study of children in Southern California communities that was designed to investigate the chronic effects of air pollution on respiratory health. Using a cohort of 2 497 kindergarten and first grade children who were asthma-free when they entered the study, researchers examined the relationship of local traffic around schools and homes to diagnosis new onset asthma that occurred during three years of follow-up. Traffic-related pollution exposure was assessed based on a model that took into account traffic volume, distance to major roadways from home and school and local weather conditions.

Regional ambient ozone, nitrogen dioxide (二氧化氮) and particulate matter were measured continuously at one central site in each of the 13 study communities. The design allowed investigators to examine the joint effects of local traffic-related pollution exposure at school and at home and of regional pollution exposure affecting the entire community. Researchers found 120 cases of new asthma. The risk associated with traffic-related pollution exposure at schools was almost as high as for residential exposure, and combined exposure accounting for time spent at home and at school had a slightly larger effect. Although children spend less time at school than at home, physical education, and other activities that take place at school may increase ventilation rates and the dose of pollutants getting into the lungs, McConnell notes. Traffic-related pollutant levels may also be higher during the morning hours when children are arriving at school.

Despite a state law that prohibits school districts from building campuses within 500 feet of a freeway, many Southern California schools are located near high-traffic areas, including busy surface streets.

"It’s important to understand how these micro-environments where children spent a lot of their time outside of the home are impacting their health," McConnell says. "Policies that reduce exposure to high-traffic environments may help to prevent this disease. " The study was funded by grants from the National Institute of Environmental Health Sciences, the US Environmental Protection Agency, the South Coast Air Quality Management District, and the Hastings Foundation.

The method of preventing asthma is to()

A. reduce exposure to schools

B. do more activities at home

C. reduce exposure to heavy traffic zones

D. understand the micro-environments

单项选择题