问题 单项选择题

在刑事诉讼中,下列哪个情形不属于第二审人民法院发现第一审人民法院的审理具有该情形的,应当撤销原判,发回重审的情况

A.违反审判公开原则的

B.认定事实没有错误,但适用法律有错误

C.剥夺或限制了当事人的法庭诉讼权利,足以影响公正审判的

D.审判组织的组成不合法的

答案

参考答案:B

解析:《刑事诉讼法》第191条:“第二审人民法院发现第一审人民法院的审理有下列违反法律规定的诉讼程序的情形之一的,应当裁定撤销原判,发回原审人民法院重新审判: (一)违反本法有关公开审判的规定的; (二)违反回避制度的; (三)剥夺或者限制了当事人的法定诉讼权利,可能影响公正审判的; (四)审判组织的组成不合法的; (五)其他违反法律规定的诉讼程序,可能影响公正审判的。” 第189条:“第二审人民法院对不服第一审判决的上诉、抗诉案件,经过审理后,应当按照下列情形分别处理: (一)原判决认定事实和适用法律正确、量刑适当的,应当裁定驳回上诉或者抗诉,维持原判; (二)原判决认定事实没有错误,但适用法律有错误,或者量刑不当的,应当改判; (三)原判决事实不清楚或者证据不足的,可以在查清事实后改判;也可以裁定撤销原判,发回原审人民法院重新审判。” 因而B项是属于应当直接改判的事项。

选择题
阅读理解

A growing number of health, hunger, and sustainable (可持续的)agriculture groups today announced plans for Food Day-a nationwide campaign to change the way Americans eat and think about food.Food Day will encourage people around the country to sponsor or participate in activities that encourage Americans to “eat real” and support healthy, affordable food grown in a sustainable, humane way.

Organizers hope Food Day will inspire Americans to hold thousands of events in schools, college campuses, houses of worship and even in private homes aimed at fixing America’s food system.A Food Day event could be as small as a parent organizing a vegetable identification contest at a kindergarten class-or as massive as a rally(集会)in a city park, with entertainment and healthy food.Health departments, city councils and other policy makers could use Food Day to launch campaigns, hold hearings, or otherwise address communities food problems.

The campaign will advocate progress toward five central goals:

·Reducing diet-related disease by promoting healthy foods.The American diet is too low in fruits, vegetables, and whole grains and too high in fatty meat, soft drinks and salty packaged and restaurant foods-contributing to hundreds of thousands of premature deaths each year.

·Supporting sustainable farms and stopping subsidies to agribusiness.Billions of federal dollars a year would be better spent helping environmentally conscious family farmers than hugeagribusiness operations.

·Expanding access to food and alleviating hunger.Far too many Americans don’t know where their next meal is coming from, or have access to fresh produce in their neighborhood.

·Reforming factory farms to protect animals and the environment.Farming of animals can and should be done without cruelty, and without degrading the quality of life.

·Curbing junk-food marketing to kids.Food companies should not be targeting children with foods that promote tooth decay, obesity and other health problems.

小题1:What is the best title of the text?

A.Food Day Campaign

B.Eat Real and Keep fit

C.How to Observe Food Day

D.Food Problems in the USA小题2:What can we learn from Paragraph 2?

A.Food problems are not easy to deal with.

B.Food Day events should be held in public places.

C.Kindergarten kids are unable to identify vegetables.

D.People are invited to create their own Food Day events.小题3:One of the aims of Food Day is to ____.

A.target children with junk food

B.operate more agribusiness

C.increase access to food

D.cancel a series of events小题4:The underlined word "curbing" in the last paragraph is closest in meaning to “          ”.

A.controlling

B.enlarging

C.evaluating

D.providing小题5:We can infer from the text that _____.

A.Food Day will not help preserve natural resources.

B.Food Day can be an opportunity to solve food problems.

C.Food Day has so far achieved all the central goals.

D.there are different ideas and views about Food Day.