问题 单项选择题

家住A市的李某因经济困难,遂产生抢劫念头,后以打车为名拦住一辆出租车,抢走现金1000元。随后,将出租车劫往B市,途中将女司机强 * * 。强 * * 后又将车劫往C市路边一偏僻处把司机杀害后抛出车外,恰遇C市治安联防队员进行巡查被抓获。在确定案件管辖权时,A、 B、C三市的法院对管辖权产生争议,请问该案应由以下哪个法院管辖

A.A市人民法院

B.B市人民法院

C.C市人民法院

D.由其共同上一级法院指定管辖的法院

答案

参考答案:D

解析:根据《刑事诉讼法》第24条规定:“刑事案件由犯罪地的人民法院管辖。如果由被告人居住地的人民法院审判更为适宜的,可以由被告人居住地的人民法院管辖。”就本题而言, A、B、C市都为犯罪地(犯罪行为地和犯罪结果发生地),故都具有管辖权。在司法实践中经常发生人民法院因管辖权不明出现争议或互相推诿以及有管辖权的人民法院不宜行使管辖权的现象,因此《刑事诉讼法》第26条规定:“上级人民法院可以指定下级人民法院审判管辖不明的案件;也可以指定下级人民法院将案件移送其他人民法院审判。”本案就属于指定管辖的情形,故应选D。

阅读理解

阅读下列应用文及相关信息,并按照要求匹配信息。请在答题卡上将对应题号的相应选项字母涂黑。

首先请阅读下列招聘启示的相关信息:

A . Blog Writer (Haidian District, Beijing)

Introduce your university and get paid! We are looking for foreign students around China to write about their universities. We will publish these articles on our blog. No requirements or experience is needed. If you are a foreign student in China and are able to write in English, then you are welcome to join us.

B. Full time kindergarten teacher needed now

We are looking for Foreign English speaking teachers. Students range from age 3 – 12 years old. Other language skills are a plus. Our requirements:

◇Native English speaker from the U.S., Australia, Britain and Canada would be better

◇Have at least one year teaching experience

◇Love kids and love to teach and should be open and active and dynamic, motivated

◇ Have good communication and organization skills when you are in the class

C. Dentists Needed in Beijing- A Famous Dental Institutions (Chaoyang District)

We are very well-known international dental medical institutions in Beijing. We‘re now in great need of international foreign dentists. Requirements:

◇5 years related work experience, such as Dental Implants, 2nd period repair, Teeth Beauty, etc.

◇You must be a certified practitioner

◇Now in China most welcome

◇Can live and work in Beijing for a long time.

D. Part time teacher needed (Tianhe District)

We are looking for a part time teacher for a kids training center, 13.5hours/week.

◇Class Size: 2-6kids/class.

◇Schedule: Monday to Saturday, 13.5hours in total.

Requirements:

◇Native speaking English teacher with relevant teaching experience.

◇Responsible, reliable, active and like working with children.

E. Interpreter / Personal Assistant (Guangzhou)

We are an Australian Fashion Design house with Wholesale & Retail operations. I travel to Guangzhou often and need an assistant to help me develop our business in China. The right person must be able to:

◇Interpretation support, and have good English speaking skills and writing skills

◇ Offer Personal assistance with Suppliers meetings

◇ Travel within China and visit Trade Shows & Suppliers if necessary

◇ Visit Fabric Markets with me to source Fabric

F. HongKonger Cake Shop Manager (or Bakery Manager)

SQ is an ultra-luxurious patisserie in Shanghai, SQ is opening 3 new cake shops in Shanghai, and we now need a HongKonger cake shop manager (or Bakery Manager) Requirements:

◇ Come from Hong Kong, it’s a must, Male preferred

◇ Have western restaurant management experience, or worked as manager of Starbucks or KFC

◇ With good stuff management and training ability

◇ Professional and dedicated

以下是各求职者的信息。请将求职者的信息和上面合适的招聘信息匹配起来。

小题1:This is Lora, 22 years old, a graduate of International Trade Major. I can speak excellent English, also Cantonese. Have a good communicating skills and negotiating method.

— I'd like to assist you, accompany you visit factories, markets and trade fair so on.

— Sample sending/Order following and negotiating with supplier on your behalf.

— Quality Control, Inspection goods, supervise loading.

小题2:My name is Natalia, a British female and I am looking for a full-time position of English Teacher in Shanghai. Here is my CV:

— English Teacher, Private Kindergarten, Shanghai, 2012.08 – nowadays

— Teaching English to 2-5 years old students, teaching plans for groups and English Club development, Parents’ Days and meetings organizing, the graduation show event preparing.

— Languages: English – fluent; German – basic; Spanish – basic

小题3:Hi, this is Ralph, who comes from America. I am studying in university of science and technology Beijing; I am doing masters in communication and information engineering. I’m good at writing, and willing to do any part time job related to writing.

小题4: My name is Steve and I am currently looking for employment in Beijing. I have 8 years experience with Dental Service where I covered numerous tasks including the following:

— Oral surgery

— Teeth whitening

— Cosmetic dentistry

I want to work with a company in Beijing to share my knowledge and work with the company to ensure stability and growth continues long term.

小题5:Hi, I am Paul, and I am writing this letter to offer my application for the position of a bakery manager. I have been a bakery manager for the last five years in a Starbucks in Hong Kong. I have gained a good knowledge of what it takes to facilitate the best baking products and service. Apart from this, I know how to run a successful business and manage the supply, standard of products and also in the hiring or training and customer service. I am ready to take up a new challenge in your esteemed bakery.

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