问题 问答题

某县公安局立案侦查后,以盗窃罪的重大嫌疑将孙某拘留,后提请县人民检察院批准逮捕,县人民检察院予以批准,此时孙某已被拘留7天。县人民检察院批捕后向县人民法院提起公诉。县人民法院审理此案后,判处孙某有期徒刑3年。孙某对一审判决不服,依法提起上诉,二审法院审理案件后改判孙某无罪。此时孙某已被逮捕羁押45天。孙某接到二审判决书后,向县公安局、县人民法院、县人民检察院均提出赔偿请求。县公安局未予答复;县人民法院告诉孙某,逮捕决定是由检察院作出批准决定的,应由检察院作出赔偿,法院没有责任;县人民检察院则告诉孙某,逮捕决定是检察院根据公安局的移送材料而批准的,公安局应对其提供材料的真实性、合法性负责,所以应由公安局负责赔偿。
请问:
1.孙某可否对公安局的错误拘留提出赔偿请求

答案

参考答案:县公安局、县法院、县检察院错拘、错捕、错判,侵犯了孙某的人身自由,根据《国家赔偿法》第26条的规定,每日的赔偿金按照国家上年度职工日平均工资计算。其中对于被错误逮捕羁押45天的赔偿金,根据《国家赔偿法》第10条、第20条的规定,孙某可向县人民法院、县人民检察院中的任何一个赔偿义务机关提出请求,该赔偿义务机关应当先予足额赔偿,然后再通知另一赔偿义务机关。

阅读理解

McDonald's is the world single biggest food provider with annual sales of around $12.4bn. And the company's symbol Ronald McDonald is now (or so the company claims) the world's most recognized person after Santa Claus.

The first McDonald's restaurant was opened in San Bernardino, California, in 1948 by brothers Mac and Richard “Dick” McDonald. Mac ran the restaurant side; Dick was the marketing genius. He had already invented the drive-in laundry and had been the first person to use neon lights in advertising. Now he spotted the gap in the post-war, baby-boom market for cheap, family-orientated restaurants with simple menus, standardized food and efficient service.

After a slow start, business began to boom. By 1954, the brothers were joined by another entrepreneur, a kitchen equipment salesman called Ray A Kroc who owned the franchise to the Multimixer, milk shake maker used throughout the McDonald's chain. A year later, Kroc had bought the McDonald brothers' chain of 25 franchises for the equivalent of around $70m(£44m). Dick remained with the company until the Seventies, when he and Kroc fell out over Kroc's claim that the chain was his creation.

Today, an almost Stalinist cult of personality surrounds Kroc (who died in 1984) at McDonald's, while the brothers who gave the company its name have all but been written out of its history. But though Kroc did not found McDonald's, he was certainly responsible for the empire-building philosophy which led to its world domination. He ushered in such essential contributions to international cuisine as the Big Mac (1968) and the Egg McMuffin (1973); and helped launch Ronald McDonald —— “in any language he means fun” —— on to television in 1963.

Every three hours, a new McDonald's franchise opens somewhere in the world; it can be found in more than 100 countries including India (vegetarian-only to avoid offending the non-beef-eating populace) and Israel (non kosher, despite fierce local objection). McDonald's chain embodied the thrusting, can-do spirit of Fifties America with staff mottoes such as “If you've got time to lean, you've got time to clean.”

小题1:McDonald's was founded _____.

A.by a kitchen equipment salesman

B.in California

C.by a marketing genius called Dick McDonald

D.after the first World War小题2:What do we know about McDonald's brothers?

A.They were not McDonald's founders although they named the restaurant.

B.Their business was still in depression after several years.

C.They had clear job separation on business.

D.They sold their restaurant to a salesman in 1954.小题3:Which is not Kroc's contribution to McDonald's ?

A.He launched the restaurant image Ronald McDonald on to television.

B.Under his lead, international cuisine as the Big Mac and the Egg McMuffin earned worldwide fame

C.He spotted the gap in postwar market for cheap, family-orientated restaurants.

D.He built McDonald's empire with a philosophy which led to its world domination.小题4:Which statement is true according to the passage?

A.The single biggest food provider was however, not named after its founder

B.The international cuisine as the Big Mac, a beef hamburger, is provided every chain restaurant in the world.

C.Employees in McDonald's have no time to lean.

D.The symbol Ronald McDonald, means fun in any language, is said to the world most recognized person after Santa Claus.

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