问题 多项选择题

一审法院作出判决后,当事人上诉,二审法院经过审理发现,一审判决认定事实不清,证据不足。二审法院此时可以如何处理

A.可以裁定撤销原判决,发回重审

B.可以判决撤销原判决,发回重审

C.可以依法改判

D.只能依法改判

答案

参考答案:A,C

解析:[考点] 二审判决
依《民事诉讼法》之规定,第二审人民法院对上诉案件,经过审理,按照下列情形,分别处理: (1)原判决认定事实清楚,适用法律正确的,判决驳回上诉,维持原判决;(2)原判决适用法律错误的,依法改判;(3)原判决认定事实错误,或者原判决认定事实不清,证据不足,裁定撤销原判决,发回原审人民法院重审,或者查清事实后改判;(4)原判决违反法定程序,可能影响案件正确判决的,裁定撤销原判决,发回原审人民法院重审。当事人对重审案件的判决、裁定,可以上诉。依照上述法条,在题中情形下,二审法院可以裁定撤销原判,发回重审,或者依法改判。所以,应选AC项。

选择题
阅读理解

When Babbage was working at Cambridge, a new idea occurred to him. He wanted to construct a calculating machine to work out the solutions(解法)to maths problems not only with correctness but also with a speed beyond the power of any human mind. His machine could solve problems involving(涉及)long rows of figures in one continuous operation(运算).

In 1822 Babbage exhibited his invention and won a prize from the government. After that, he immediately started to work on a larger machine designed to solve more difficult problems. Although he received some money left by his father, the money was not enough to support his design. He wrote to the government about his plan and was given £2500 to start with, a sum worth much more in those days than it is now.

Babbage continued his work in London for four years. Then his health broke down, and he had to take a long holiday abroad. When he returned to London in 1828, he was at the end of his resources. Many bills remained unpaid. His chief assistant and co-workers quarreled with him and left with many expensive tools. For one year no work was done. During this period, Babbage, whose mind was always active, suddenly thought of a completely new idea for the machine. He rushed to meet the government officials to explain his new idea. But this time, they were unwilling to help him. For eight years, they refused to say whether they wanted the machine or not, and their final answer was “No.”

From 1828 to 1839, Babbage held the position of professor at Cambridge very successfully. But his greatest work was the unfinished calculating machine which stood covered in dust in his house. It was the beginning of the modern computer.

60.The machine Babbage designed would solve difficult maths problems _________.

A.in one operation with few mistakes

B.in more than one operation without any mistakes

C.in more than one operation with slight mistakes

D.in one operation without any mistakes

61.Babbage failed to continue his research work in 1828 mainly because _______.

A.he was in poor health                B.he almost ran out of money

C.his co-workers argued with him         D.he spent all his money on his bills

62.Babage explained his new idea to the government officials, expecting that _________.

A.they would agree to his plan             B.they would pay for his new idea

C.they would support him with money    D.they would exhibit his new design

63.From the passage, we can infer that __________.

A.Babbage failed to be a famous scientist at Cambridge

B.Babbage always had new ideas but gave them up easily

C.Babbage always needed support from the government officials

D.Babbage was the first designer of the modern computer