问题 单项选择题

某区人民法院对张某抢劫王某一案作出了刑事附带民事判决。在一审宣判后,只有附带民事诉讼原告人王某就附带民事诉讼部分提出上诉。刑事部分生效后,如果二审法院在审理过程中发现一审判决中的刑事部分确有错误,下列哪种说法是正确的( )

A.应当按照第二审程序对刑事部分和附带民事部分一并作出处理

B.应当按照第二审程序对附带民事部分进行审理,然后再按照审判监督程序对刑事部分进行审理

C.应该按照审判监督程序对刑事部分进行再审,并将附带民事部分与刑事部分一并审理

D.应当裁定撤销原判,发回重审

答案

参考答案:C

解析: 《刑诉解释》第262条规定,第二审人民法院审理对附带民事诉讼部分提出上诉、抗诉,刑事部分已经发生法律效力的案件,如果发现第一审判决或者裁定中的刑事部分确有错误,应当对刑事部分按照审判监督程序进行再审,并将附带民事诉讼部分与刑事部分一并审理。第250条规定,附带民事诉讼案件,只有附带民事诉讼的当事人和他们的法定代理人提出上诉的,第一审刑事部分的判决,在上诉期满后即发生法律效力。应当送监执行的第一审刑事被告人是第二审附带民事诉讼被告人的,在第二审附带民事诉讼案件审结前,可以暂缓送监执行。

阅读理解
阅读理解。
     Kyle lives in London. His father has a shop there and his mother is a shop assistant. He's six years old
now and begins to go to school this autumn (秋天). It's a little far from their shop and his father drives a
car to take him to school everyday. So he's not late for class and his teachers like him.
     It's Monday today. Miss Hunt is teaching them to count from one to ten. Kyle is studying hard. Soon
he is studying hard. Soon he can count them. Miss Hunt is happy and asks,"How many people are there in
your family, Kyle?" Kyle is standing and begins to count with his fingers (手指). Then he says "Two, Miss
Hunt."
     "who are they?"
     "My father and mother."
     "Oh?" Miss Hunt is surprise (惊奇) and says,"There're 3 people in your family."
     "But now I'm not at home, but at school, you know!"
1. Kyle is in Grade             now.
[ ]
A. One
B. Two
C. Three
D. Four
2. Kyle is            .
[ ]
A. an American girl
B. an American boy
C. an English girl
D. an English boy
3. Kyle usually goes to school            .
[ ]
A. on foot
B. by bike
C. by car
D. by bus
4. The teachers like Kyle because            .
[ ]
A. he helps his classmates.
B. he always goes to school on time. (准时)
C. he's the youngest in his class.
D. he often does something for his classmates.
5. Which is not true in the following?
[ ]
A. Kyle can count from 1 to 10.
B. Kyle isn't late for class.
C. Kyle is studying hard.
D. Kyle knows the difference between "home" and "family".
计算题