问题 问答题

(院印)

答案

参考答案:此份判决书存在问题较多,现分析如下:
  1.首部中标题
  (1) 制作文书的法院应写全称,即“江苏省南京市秦淮区人民法院”,而非“秦淮区人民法院”。
  (2) 文种名称前不应加审级或文书性质,只写“刑事判决书”,因此“一审刑事判决书”是错误的,若写成“刑事有罪判决书”也是错误的。
  (3) 案号中的立案年份应写完整数字,本判决书即为(1998)而非(98)。
  2.首部中公诉机关应列公诉机关而非公诉人,文书正确写法应当是“公诉机关秦淮区人民检察院”。
  3.首部中诉讼参与人情况
  (1) 被告人基本情况中遗漏了本案所受强制措施和现羁押场所,应在二被告基本情况后分别增添“1998年3月10日被逮捕,现羁押于南京市××看守所。”
  (2) 辩护人位置错误,因为一案有几个被告人的,某一被告人的辩护人就紧接在某一被告人的次行书写。
  4.案由
  (1) 检察院案号中的立案年份亦应是完整数字(1998),而非(98);
  (2) 由于本案涉及个人隐私,应为不公开审理案件,所以文书中“公开开庭审理”错误;
  (3) 没有写明被告人及其辩护人、证人等出庭的情况,程序不合法。
  5.事实部分
  (1) 检察院指控事实开头应书写为“秦淮区人民检察院指控”而非“检察员指控”,因为代表国家提出公诉的是人民检察院,而非检察院内某一人。
  (2) 法院认定事实部分,不写具体利用证据证明案件事实的过程,只空洞地写出结论是错误的,应该详尽分析证据价值,边举证边分析论述案情;
  (3) 判决书应忌用感情色彩语言,如本文书中的“被告人心狠手辣”。
  6.理由部分,应写明“本院认为”,引出罪名和法律依据。本文书缺失理由部分实属一大错误。
  7.尾部
  (1) 没有交待上诉权;
  (2) 缺失书记员一项;
  (3) 缺失“本件与原本核对无异”。

填空题
阅读理解

E

"Opinion" is a word that is used carelessly today. It is used to refer to matters of taste, belief, and judgment. This casual use would probably cause little confusion if people didn’t attach too much importance to opinion. Unfortunately, most do attach great importance to it. "I have as much right to my opinion as you to yours, '' and ''Everyone’s entitled(授予…权利) to his opinion, '' are common expressions. In fact, anyone who would challenge another's opinion is likely to be branded intolerant.

Is that label(标签)accurate? Is it intolerant to challenge another's opinion? It depends on what definition of opinion you have in mind. For example, you may ask a friend ''What do you think of the new Ford cars?" And he may reply, "In my opinion, they're ugly." In this case, it would not only be intolerant to challenge his statement, but foolish. For it's obvious that by opinion he means his personal preference, a matter of taste. And as the old saying goes, ''It's pointless to argue about matters of taste."

But consider this very different use of the term, A newspaper reports that the Supreme Court has delivered its opinion in a controversial case. Obviously the justices did not state their personal preferences, their mere likes and dislikes. They stated their considered judgment, painstakingly arrived at after thorough inquiry and careful consideration.

Most of what is referred to as opinion falls somewhere between these two extremes. It is not an expression of taste. Nor is it careful judgment. Yet it may contain elements of both. It is a view or belief more or less casually arrived at, with or without examining the evidence.

 Is everyone entitled to his opinion? Of course, this is not only permitted, but guaranteed. We are free to act on our opinions only so long as, in doing so, we do not harm others.

72. Which of the following statements is TRUE, according to the author?

A. Everyone has a right to hold his own opinion.

B. Free expression of opinions often leads to confusion.

C. Most people tend to be careless in forming their opinions.

D. Casual use of the word "opinion" often brings about quarrels.

73. According to the author, who of the following would be labelled as intolerant?

A. Someone who turns a deaf ear to others' opinions.

B. Someone who can't put up with others' tastes.

C. Someone who values only their own opinions.

D. Someone whose opinion harms other people.

74. The new Ford cars are mentioned as an example to show that ________.

A. it is foolish to criticize a famous brand

B. one should not always agree to others' opinions

C. personal tastes are not something to be challenged

D. it is unwise to express one's likes and dislikes in public

75. Considered judgment is different from personal preference in that ________.

A. it is stated by judges in the court

B. it reflects public like and dislikes

C. it is a result of a lot of controversy (争论,争议)

D. it is based on careful thought