问题 不定项选择

范某、朱某、罗某(17岁)结成犯罪团伙,在1997年至1698年间在S市南区城乡结合部多次实施抢劫行为,共抢劫财物价值15万余元,期间还致王甲死亡。该犯罪团伙被侦破后,由检察机关向南区人民法院依法提起公诉,人民法院依普通程序对本案进行了审理,其中书记员王乙系受害人王甲的弟弟。人民法院一审判处范某有期徒刑15年,朱某有期徒刑8年,罗某有期徒刑5年。一审判决后,罗某以量刑过重为由提起上诉,检察机关也以量刑过轻为由提起抗诉,二审法院改判罗某有期徒刑4年,朱某有期徒刑10年,并对三人分别判处罚金。请根据这些情况,回答下列问题:

本案中书记员王乙是否应当回避:

A.不应当回避,王乙不属于回避人员的范围

B.不应当回避,王乙担任书记员不会影响案件的公正审理

C.应当回避,王乙属于本案当事人的近亲属

D.应当回避,王乙担任书记员可能会影响本案的公正审理

答案

参考答案:C,D

解析:本题考查刑事诉讼法关于回避的规定。 《刑事诉讼法》第28条规定:“审判人员、检察人员、侦查人员有下列情形之一的,应当自行回避,当事人及其法定代理人也有权要求他们回避:(一)是本案的当事人或者当事人的近亲属的;(二)本人或者他的近亲属和本案有利害关系的;(三)担任过本案的证人、鉴定人、辩护人、诉讼代理人的;(四)与本案的当事人有其他关系,可能影响公正处理案件的。”考生仅凭该条规定,很可能会选择A项。但《刑事诉讼法》第31条规定:“本法第28条、第29条、第30条的规定也适用于书记员、翻译人员和鉴定人”。因此,书记员有第28条规定的情形时,也应当回避。本案中,书记员系被害人王甲的弟弟,而被害人属于刑事诉讼当事人,所以书记员王乙因系当事人的近亲属而应当回避,所以本题应选C;但是,刑事诉讼法规定回避制度的目的就是因为有关人员参与诉讼可能影响案件的公正审理,因此D也当选。

阅读理解

Some weird, wild and wonderful stories coloured the news in 2010:

★A Copenhagen bus company has put "love seats" on 103 of its vehicles for people looking for a partner. "Even love at first sight is possible on the bus," said a spokesman for the British owned Arriva company to explain the two seats on each bus that are covered in red cloth and a "love seat" sign.

★Shoppers at an international luxury fair in Verona, Italy, found a cell-phone-equipped golden coffin among the items on display. The phones will help "the dead" contact relatives if they have been buried alive by mistake.

★A man in New York came up with a disarming way to set off his latest bank heist , approaching the clerk’s window with a large bunch of flowers and handing over a hold-up note saying“give me the money!”

★ An Englishman who lost all his legs and arms in an electrical accident successfully swam across the Channel, a challenge he had been preparing for two years. The whole cost is 400 dollars.

★A set of artificial teeth made for Britain's war-time prime minister Winston Churchill known as "the teeth that saved the world" sold for nearly 18,000 pounds (21,500 euros, 24,000 dollars) at auction.

★A British woman caused an Internet hate campaign after she was caught on camera dumping a cat in a rubbish bin. She was fined 250 pounds (400 dollars, 280 euros) after pleading guilty.

★The BBC apologized completely and without any doubts after a radio presenter jokingly announced that Queen Elizabeth II had died.

★Two Australian men needed surgery after shooting each other in the bottoms during a drinking session to see if it would hurt were charged 400 dollars separately.

★ A Kuwaiti MP(议员) proposed state-aid for male citizens to take second wives, in a bid to reduce the large number of unmarried women in the oil-rich state.

小题1:What is special about the coffin in the second news?

A.It is golden

B.It has a cell phone.

C.It is a luxury

D.It has many items小题2:What is the probable meaning of the underlined wordheist in the third news?

A.robbery

B.proposal

C.begging

D.raising money小题3:Who has to spend 400 dollars to do the surgery?

A.A British woman who dumped a cat in a rubbish bin.

B.One who bought Winston Churchill’s artificial teeth.

C.An Australian man who shot in bottom to test the hurt.

D.An Englishman crossing the Channel without legs and arms.小题4:From the last news we can infer that _________.

A.In Kuwait many men are eager to get married

B.A lot of rich single men lived in Kuwait

C.There are quantities of oil in Kuwait

D.There are many single women in Kuwait

单项选择题 B1型题