问题 问答题 简答题

人民法院按审判监督程序对案件审理后,应如何处理?

答案

参考答案:

(1)原判决、裁定认定事实和适用法律正确,量刑适当的,应当用裁定驳回申诉或者抗诉,维持原判;

(2)原判决、裁定认定事实没有错误,但适用法律有错误,或者量刑不当的,应当改判;

(3)应当对被告人实行数罪并罚的案件,原判决、裁定没有分别定罪量刑的,应当撤销原判决、裁定,重新定罪量刑,并决定执行的刑罚;

(4)原判决、裁定认定事实有错误或者证据不足.经过再审查清事实的,应当根据查清的事实依法作出判决改判;

(5)原判决、裁定事实不清。证据不足,经过再审仍是这种情况的,应当作出证据不足,指控的犯罪不能成立的无罪判决。

填空题
根据语篇内容。用方框中所给词的正确形式填空.使短文通顺、连贯。方框中有两个词为多余项。
through      angry     kind     take     that      good
make        how      cry      why      do      kill
    "Mommy, what are you doing?" asked Susie.
"I   1  a dinner for Mrs. Smith next door.”
"Why?" asked Susie, who was .only six years old.
"Because Mrs. Smith is very sad; her daughter   2   in an earthquake and she has a broken heart. We need to look after her. "
"Why, Mommy?"
"You see, Susie, when someone is sad, they have trouble   3  the little things like cooking dinner or other chores. Because Mrs Smith is our neighbor, we .need to do some thing to help her. Mm Smith won't ever be able to talk with her daughter or do all those wonderful things  4    mommies and daughters do together. You are a very smart girl, maybe you'll think of some way   5  care of Mrs Smith. "
Susie thought seriously about    6   she could care for Mrs Smith. A few minutes later, .Susie knocked on her door. Mrs Smith answered the knock with a "Hi, Susie.”
From her sad look, Susie noticed that Mrs Smith must   7   for a long time. "What can I do for you, Susie?" asked Mrs Smith.
"My mommy says that you lost your daughter and your heart is broken." Susie held her hand out shyly. In it was a Band-Aid(创可帖). "This is for your broken heart.” Mrs Smith burst into tears.   8   her tears she said, "Thank you, darling girl, this will help a lot."
Mrs Smith accepted Susie’s  9  and she put Susie's Band-Aid in a small picture frame(相框). She feels a little   10  every time she sees it. She wisely knows that healing takes time and support.
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