问题 单项选择题

赵某虽然年纪不大,但是盗窃成性。一日,赵某正在行窃时,被公安机关当场抓获,赵某对盗窃行为供认不讳,于是被逮捕并关押在看守所。后被人民法院判处有期徒刑1年。执行中发现赵某今年刚满15岁,将其释放。国家是否应当承担刑事赔偿责任

A.国家不应当承担赔偿责任,因为司法机关的行为是依法行使职权的行为
B.国家不应当承担赔偿责任,因为赵某是依照刑法第14条和第15条规定不负刑事责任的人,其被羁押,国家不承担刑事赔偿责任
C.国家应当承担赔偿责任,因为赵某已经被判处了有期徒刑并已执行,一但羁押期间不予赔偿
D.司法机关的行为即使造成严惩的精神损害,国家也不承担赔偿责任

答案

参考答案:C

解析: 依《国赔解释》规定,根据新修订的《国家赔偿法》第17条第2项的规定,依照《刑法》第14条、第15条规定不负刑事责任的人被羁押,国家不承担赔偿责任。但是对起诉后经人民法院判处拘役、有期徒刑、无期徒刑和死刑并已执行的上列人员,有权依法取得赔偿。新修订的《国家赔偿法》第35条规定,有本法第3条或第17条规定情形之一,致人精神损害的,应当在侵权行为影响的范围内,为被害人消除影响,恢复名誉,赔礼道歉;造成严重后果的,应当支付相应的精神损害抚慰金。所以A、B、D三项的说法是不正确的。

单项选择题 共用题干题
单项选择题

Researchers at the University of Arizona, led by Teresa Cummins, conducted an exploratory study on the online learning modules, designed to supplement hands-on classes taught by local experts and supported by an overview text, to help users increase their understanding of key concepts in the Arizona Master Watershed Steward program. They also sought to determine whether program participants would use the non-compulsory modules.

Their evaluation revealed that module users increased their understanding of key watershed concepts; participants in the evaluation demonstrated a 30 percent increase in content knowledge following module use. Additionally, 70 percent of participants retained this knowledge through a two-month follow-up test.

A follow-up survey showed that approximately half of the participants returned to the online modules on their own; several of these users returned several times and spent multiple hours per session. Comments from the follow-up survey suggested that the users accessed the site either as they had the time or as they needed the information.

Online usage statistics indicated participants continued to visit the site for many months following the modules’ release and advertisement. Though many visits were very brief (a single pageview; only a couple of seconds), visitors with many returns to the site and/or long visits appeared to be working through the modules.

One participant stated, "My brain can only hold so much information; the modules keep information on-hand." Other participants commented that the modules were "more interesting and interactive" than the text material, and a "very effective tool" and "a great resource to the Master Watershed Steward community."

The Arizona Master Watershed Steward program, sponsored by University of Arizona, prepares adults to serve as volunteers in the conservation of water resources and the protection, restoration, and monitoring of their watersheds. The modules were intended to reinforce concepts covered in classes and further engage participants in the learning process.

One key finding was that the modules were not clearly preferred by users over in-person instruction. One participant stated, "For me, they are just another avenue for learning, a supplement or additional reference. I prefer in person and real hands-on learning." Other participants similarly expressed their desire for hands-on and face-to-face interaction. Several participants noted that the usefulness of in-person lectures—was a function of the presenter.

Overall, the exploratory evaluation indicated that the modules were a welcome supplement to the course and were effective in reinforcing key concepts. Participants retained knowledge for several weeks, although since subjects were self-selected, they may have been self-motivated to pay attention and master the online module materials.

"I am constantly searching for new ways to educate our program’s diverse audiences and reinforce watershed science concepts, " says Candice Rupprecht, state coordinator for the Master Watershed Steward program. "I am excited to know that online learning modules can enhance our program by offering additional independent learning opportunities for our volunteers.

From the second paragraph, we can infer that()

A. learners might make no progress without the online modules

B. learners are conscientious in memorizing the content knowledge

C.learners gained improvement in their study by using the online modules

D. 70 percent of program participants took the follow-up test