问题 问答题 简答题

简述证据保全的概念及意义?

答案

参考答案:

证据保全是取证过程的重要环节,是侦查、起诉最终达到揭露犯罪、证实犯罪目的的重要手段。刑事诉讼中的证据保全,是指公安、司法机关为了使已经发现和收集到的证据材料,不致由于自然的或者人为的原因而发生变形、变质、混合、调换或者灭失,而采取适当的方法加以提取、固定并妥为保存的诉讼活动。它的意义主要有:

1、刑事诉讼中用做证据的许多物品、痕迹,留存于犯罪现场和各种场合,有的用肉眼还难以看到,更由于风吹、日晒、雨淋等自然原因极容易变形、变质或者很快灭失,因此,需要采取各种办法将它们显现出来并加以固定、提取,并妥为保存,才能使其对案件发挥证明作用。

2、已经收集到的各种物证、书证,如果保管不妥,也可能被毁灭、替换或者变形、变质,以致失去了证据的效力,因此,必须对它们加以妥善的保管。

3、由各类诉讼参与人提供的言词证据,也可能由于各种原因发生变化,如证人外出、死亡而不能在开庭审判时出庭作证,因而需要将这证言加以固定,以便在定案时作为合法有效的证据。

4、保全证据是档案管理的需要。

选择题
单项选择题

Questions 16 to 20 are based on the following talk.

Today we are going to talk about cross-cultural perceptions of time. Different cultures often have entirely different perceptions of time. The cultural anthropologist Edward T. Hall popularized the idea that cultures use time and view time in very different ways. The idea of the past, present, and future-- and the whole concept of scheduling or managing time--can be so different that it leads to cross-cultural miscommunications. In his 1990 book The Dance of Life, Hall writes, "Time is one of the fundamental bases on which all cultures rest and around which all activities revolve. Understanding the difference between mono-chronic time and poty-chronic time is essential to success. "

Hall’s notion of monochronism and polychronism can be understood as follows. Mono-chronic time is linear. Events are scheduled one at a time, one event following another. To a monochronic culture, this type of schedule is valued over interpersonal relationships. On the other hand, poly-chronic time is characterized by many things happening simultaneously. In addition, interpersonal relationships are highly valued in polychronic cultures.

Hall’s theory is that monochronic time can be found primarily in North American and Northern European cultures. These cultures emphasize schedules, punctuality, and preciseness. They also emphasize "doing" things. They are cultures that value productivity, that value getting things done "on time. " They view time as something that can be lost, kiiled, or wasted--or, conversely, they view time as something that can, or should, be managed, planned, and used efficiently.

Polychronic time, on the other hand, can be found primarily in Latin American, African, and Native American cultures. Their perception of time is more connected to natural rhythms. It is connected to the earth, to the seasons. This makes sense when we consider that natural events can occur spontaneously, sporadically, or concurrently. Polychronic cultures view time as being somewhat flexible. Since life isn’t so predictable scheduling and being precise simply isn’t that important. In addition, relationships with people are valued more than making schedules. There is more value placed on "being" than on "doing. "

Different cultural perceptions of time can lead to conflict, especially in the business world The idea of being late versus on time for a meeting, for example, might differ widely between an American businessperson and a Brazilian; the American businessperson might be far less tolerant of a Brazilian’ s late arrival. However, the Brazilian businessperson might be offended by an American’s insistence on punctuality, or on getting right down to business; the Brazilian would generally prefer to finish talking with colleagues first, and would not want to cut a conversation short in order to make an appointment.

Some traditional time management programs used in the business world might not translate well in another culture. Traditional time management programs in the business world emphasize to-do lists and careful scheduling. They are monochronic. However, a business in a polychronic culture might not adjust well to that system. Companies who impose these mono-chronic systems on places of business in polychronic cultures might be guilty of ethnocentrism, which means making their own ethnic or cultural values central and not valuing other values.

Edward Hall’s theory of monochronic and polychronic cultures has been challenged by some critics. Some people think it is overly general. They argue that within any cultural group we might find people who think of time differently. In other words, a primarily polychronic culture might have both monochronic and polychronic types of people. The same diversity among individuals might be found in a primarily monochronic culture. Critics of anthropologists like Edward Hall feel that it’s more useful to think of time differences among individuals, not just between cultural groups.

Question No. 16 Which of the following topics is the person talking about

20().

A. It over-emphasizes individual differences.

B. It fails to make his own values central.

C. It is ethnocentric.

D. It is overly general.