问题 问答题 案例分析题

杨某某涉嫌殴打他人,案发后第三天派出所民警甲、乙去违法嫌疑人杨某某家中对他进行口头传唤,要求杨某某去派出所接受调查。但杨某某提出没有书面传唤证不接受传唤,因此,民警甲、乙对杨某某采取了强制传唤的方法。杨某某被强制传唤到派出所后,民警甲一人及时对其进行了询问。在询问中,杨某某对自己的所实施的违法行为避重就轻,态度恶劣,且要求民警甲将其被传唤的情况通知其家属。民警甲因杨某某态度恶劣,决定不通知其家属。经过30个小时的询问,最终杨某某承认了自己所实施的违法行为,彻底坦白交待了自己的全部违法事实。

本案派出所的办案人员有哪些违反法律程序的情形,并简述理由?

答案

参考答案:

1、对杨某某口头传唤不合法,到杨某某家中应当适用书面传唤,口头传唤只适用于现场发现的违法嫌疑人。

2、对杨某某所实施强制传唤不合法。因为民警对杨某某口头传唤不合法,杨某某拒绝口头传唤理由正当,故强制传唤不合法。

3、民警甲一人询问杨某某不合法,询问的办案民警不得少于2人。

4、不通知被传唤人杨某某的家属不合法,办案人员应当及时将传唤的原因和处所通知被传唤人家属。

5、传唤后的询问查证时间30小时不合法,询问查证时间不得超过8小时;案情复杂,违法行为依法可能适用行政拘留处罚的,询问查证时间可以延长,但不得超过24小时。

阅读理解

As the summer time approaches, more and more commercials and advertisements can be seen on the mass media encouraging students to join English study tours abroad. The purpose of these tours is to provide students with an opportunity to learn English in a native speaking environment and use English in real situations. Parents always believe that their children will automatically speak good English after attending these study tours. However, for me, as an English major and former participant of many English study tours, I find these summer tours ineffective.

Parents who send their children abroad for a summer to study English usually believe that the native speaking environment, including the courses, teachers, and host families, can help their children to learn English better. This might be true if the students really study hard and they really get an all-English environment. But the fact is that, most of the time, the tour part is more important than the study part. Although these tours take place in foreign countries, students are rarely exposed in an all-English environment. You will find that, in the morning classes, Taiwanese students would like to stick together and speak Chinese with each other, even though there are some students from other countries. In the afternoon, the students go on a sightseeing excursion with their companions from Taiwan; they speak Chinese of course. In the evening, when students return to the host families, they would stay in their room and share the day with their roommate, another Taiwanese student. People who speak the same language with you is like a log(原木)in the ocean when living in a foreign country where you can not express yourself well, so that you would naturally stick with them. This is especially true with children.

Another unrealistic expectation parents have for these tours is that the experience of living abroad can make their children more independent and mature. However, maturity does not come overnight. It takes time and practice. The most important of all is that they need a good mentor(顾问). None of these exist in the study tours.

小题1:Which of the following is the most important thing for children who study in an English environment according to the writer?

A.Host families.

B.Hard work.

C.Courses.

D.Teachers.小题2:The underlined word “mature” in the last paragraph probably means    .

A.active

B.free

C.outgoing

D.grown-up小题3:What’s the author’s attitude towards the English study tours abroad?

A.Doubtful.

B.Negative.

C.Positive.

D.Neutral.

单项选择题