问题 问答题 案例分析题

2010年9月19日,甲县烟草专卖局根据群众举报,在持证零售户汪某的商店内查获非法生产的卷烟38条(当地零售价为60元/条)。执法人员制作了现场勘验笔录,为该批卷烟拍摄了照片,进行了证据先行登记保存。在店内,执法人员查获了汪某的销售账本,并依法对其进行了询问。汪某陈述截至案发时总共销售了非法生产的卷烟45条。汪某的表弟赵某向执法人员说“我表哥只销售了一次非法生产的卷烟,数量为24条”。汪某雇佣的店员李某在接受询问时说“汪某的商店每月平均销售非法生产的卷烟50余条,已连续销售了近三个月”。次日,执法人员对查获的账本进行统计、分析,发现汪某三个月来累计销售非法生产的卷烟147条。于是,执法人员再次对汪某进行了询问,汪某承认此前为了逃避处罚而说了假话,其销售非法生产的卷烟数量的确为147条。执法人员将对汪某的两份询问笔录比较分析后,结合查获的账本,决定采信第二份询问笔录,并综合询问笔录、账本等证据,认定赵某提供的证言为虚假证言,决定不予采信。

对汪某的陈述应当审查哪些内容?

答案

参考答案:

①.当事人陈述的来源。

②.是否与当事人的意思表示一致。

③.当事人陈述是否符合逻辑。

④.当事人陈述同其他证据的关系。

选择题
单项选择题

The telecommunications, pharmaceutical, and airline industries all have undergone radical changes in recent years. Pharmaceutical companies, which once sold drugs to the doctors that dispensed them, switched to the solution-selling method and started dealing with health-care companies. And many major airlines consolidated at the same time that low-cost firms like Jet Blue entered the market.

In each of these industries, the game changed, and with new rules came new ways to win. That is the premise of Harvard Business School’s "Changing the Game. Negotiation and Competitive Decision Making." The program, which covers not only deal-making but also topics as diverse as online auctions and strategic partnerships, "is for companies that are going through fundamental change in the way things are done," says Max Bazerman, program chair and professor of business administration at the school.

This is not a program for novices, says Bazerman; most participants have already attended a general negotiation program. In "Changing the Game," participants learn to understand their thought processes regarding negotiation, to compare rational and intuitive decision-making strategies, and to identify common mistakes made by even the most experienced professionals. By focusing on competitive environments, the program draws on some of the most advanced concepts from the emerging areas of behavioral economics, behavioral decision research, and behavioral finance.

Participants engage in simulated negotiations that highlight the tension between creating and assessing value, and learn how to think about both simultaneously. The soup-to-nuts simulations encompass preparation, team building, negotiating, and feedback, as well as the development of a conceptual structure for thinking about negotiations more rationally. Participants then apply that structure in their critiques of several large-scale negotiation cases. Ultimately participants apply their newly-honed analytic skills to their own companies and critique of past negotiations.

Negotiations can take many forms, of course. Bazerman notes that auctions are becoming increasingly common. Thanks to a renewed focus on driving clown costs, auctions have emerged as a valuable way for buyers to exert maximum leverage (although the course offers advice to sellers as well). Here again, coursework focuses both on analysis of case studies and on simulations that give participants a chance to roll up their sleeves and put themselves to the test.

"Max’s approach is more pragmatic than other programs I’ve taken," says Gerry Dully, senior vice president of global marketing and logistics at Methanex, a producer of methanol based in Vancouver. "Looking at my prior experience, I could see what mistakes I made, and I’m more conscious of them now. The course had a profound impact on how I’ve modified my behavior in negotiating situations.

What is the focus of Harvard Business School’s training program()

A. Online auctions

B. Strategic partnership

C. Business management

D. Negotiation