问题 单项选择题

某强 * * 案的被告人在二审判决之后向人民法院提出申诉,下列说法错误的是:

A.人民法院应当在3个月内作出是否受理该申诉的决定,最迟不能超过6个月

B.人民法院审理该申诉案件应当组成合议庭进行审理

C.人民法院审理该申诉案件应当在3个月内审结,最迟不得超过6个月

D.人民法院审理该申诉案件所作出的判决裁定,当事人可以提出上诉

答案

参考答案:D

解析:本题考查审判监督程序。 根据《刑事诉讼法》第207条第1款的规定,人民法院按照审判监督程序重新审判的案件,应当在做出提审、再审决定之日起3个月以内审结,需要延长期限的,不得超过6个月。《刑事诉讼法》第206条规定,人民法院按照审判监督程序重新审判的案件,应当另行组成合议庭进行。如果原来是第一审案件,应当依照第一审程序进行审判,所作的判决、裁定,可以上诉、抗诉;如果原来是第二审案件,或者是上级人民法院提审的案件,应当依照第二审程序进行:审判,所作的判决、裁定,是终审的判决、裁定。《刑诉法解释》第302条规定,人民法院受理申诉后,应当在3个月内作出决定,至迟不得超过6个月。经审查,认为有《刑事诉讼法》第204条规定的情形之一的,由院长提请审判委员会决定重新审判;对不符合《刑事诉讼法》第204条规定的申诉,应当说明申诉人撤回申诉;对仍然坚持申诉的,应当书面通知驳回。

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Bush’s MBA


Twenty-six of 42 presidents, including Bill Clinton, were lawyers. Seven were generals. George W. Bush becomes the first with an MBA.
Those who have had Bush for a boss since the mid-1980s—in the (1) of oil, baseball and Texas state government—describe his management (2) as straight from the pages of the organizational-behavior (3) he studied while getting his masters of business administration (4) at Harvard University in 1975.
He manages by what is known (5) "walking around," having learned that sitting behind a desk and passing out memos does (6) to energize anyone.
He has a reputation for fueling "creative tension" (7) his subordinates, encouraging them to take and defend opposing (8) . That sacrifices harmony, but puts ideas to the test and lets Bush (9) above the fray, where he can offer guidance instead of barking (10) . Imagine the creative tension that may erupt (11) the likes of Secretary of State-designate Colin Powell and Defense Secretary— (12) Donald Rumsfeld.
Above all, former employees say that he is a master at delegating (13) installing measures of accountability—ways of knowing (14) subordinates are getting the job done without looking (15) any shoulders. That frees Bush for strategic thinking—perhaps (16) two words hammered into MBA students most—which means thinking (17) to seize opportunities and to derail threats to the best of plans.
"George was my (18) ," says Tom Schieffer, who served as president of the Texas Rangers under Bush (19) 1991 and 1995. "But he never made me feel that way. He went out of his way to treat me as a (20) , not a subordinate."
That’s one trait that might be of concern, says Michael Useem, director of the Wharton Center for Leadership and Change at the University of Pennsylvania. It’s important for subordinates to feel part of the team, but not just because the boss craves popularity. Just as in the military, it must be understood who is in charge when the final order is given.