After the exam began, the three invigilators looked selfless and selfless, staring at the students below with blazing eyes, and when they saw someone with a sideways face or coughing, they would immediately raise their vigilance, and reminded in a stern tone: "Pay attention to the discipline of the examination room, be quiet, and do not make small movements." ”

Ling Xu sat in the middle of the classroom, after receiving the test paper, he felt that his face was a little itchy, so he turned his cheek sideways, but he didn't expect that as soon as he turned his face, he was named by the monitoring teacher, seeing this situation, he sat up straight a little depressed, flattened the test paper, and honestly began to do the questions.

Question 1: Company A owes Company B RMB 1 million, and Company A first provides the machinery and equipment to set up the mortgage, Company C acts as the guarantor, and then Company D provides the house to set the mortgage and handles the mortgage registration. Company A does not pay for the goods within the expiration date, which of the following statements?

Is that correct?

A. Company B should mortgage the machinery and equipment in advance.

B. Company B should mortgage the house in advance.

C. Company B shall first request Company C to assume the guarantee liability.

D. Company C and Company D may recover from each other.

Ling Xu held a carbon pen in the corner of his mouth, a carbon pen in his ear, a carbon pen in his hand, and a carbon pen in his hand, looking at the questions on the test paper, he thought seriously with his expression, and then raised his hand.

Seeing Ling Xu raise his hand, a monitoring teacher on the podium asked him, "That candidate, what is the matter with you?" ”

After hearing the inquiry, Ling Xu stood up straight, and then replied matter-of-factly: "Teacher, I won't do this question on the test paper." ”

After hearing this, the three invigilators on the podium and the students below were all stunned, especially the invigilator who asked the question, after hearing Ling Xu's question, he looked at Ling Xu in a daze, and didn't know how to answer for a while.

Seeing that Ling Xu choked up the invigilator as soon as he opened his mouth, those students in the classroom had countless admiration for Ling Xu, and said in their hearts: "Dude, don't say that you can't talk about these questions today, it is estimated that there are not many people in the entire classroom." ”

After being stunned for a while, the invigilator finally came back to his senses, glared at Ling Xu, and said angrily: "This is an exam, not a class." Answer the questions honestly, and don't ask questions. The questions on the test paper, you can write as you want according to your own understanding. ”

Speaking of this, seeing that Ling Xu was still standing, the invigilator pointed at Ling Xu, motioned for him to sit down, glanced down, and then said expressionlessly: "This is just one example, if you don't take it as an example, if there is any troublemaker, you will be disqualified from the exam." ”

Being reprimanded by the monitoring teacher, Ling Xu sat back on the stool stupidly, scratched his ears and cheeks and studied the questions for a long time, but when he saw that he still couldn't find the way, in a hurry, he remembered what the invigilator had said.

After thinking about it, Ling Xu held his breath and concentrated, and then according to his understanding, he wrote on the test paper with a serious face: "This question will not. ”

barely coped with the first question, Ling Xu set his sights on the second question: The suspect Duan, born in 1982, is a native of D District, City A, has suffered from intermittent schizophrenia since he was a child and dropped out of school to wander in the society. In February 2016, Duan was discovered by the victim when he went to a small area in District D to commit theft, so he used the knife he carried with him to stab the victim into serious injuries and escaped.

In this case, the D District Procuratorate prosecuted the crime of robbery to the D District Court, and the victim's family filed an attached civil lawsuit. The Ding District Court sentenced Duan to 10 years in prison for robbery and compensated the victim's family 30,000 yuan.

Duan appealed on the grounds that the characterization was inaccurate and the sentence was too heavy. In the second instance, the Intermediate People's Court of City A found that Duan met the conditions for compulsory treatment, and decided to remand the case to the District D Court for retrial. The D District People's Court conducted a psychiatric evaluation of Duan in accordance with the law, and the results clearly showed that Duan suffered from schizophrenia, so the trial was closed to the public by Judge Zhang, and Procurator Ma and Defendant Duan appeared in court to express their opinions separately. After the trial, the court made a decision to impose compulsory treatment on Duan.

Issue:

1. In light of this case, briefly answer the conditions for the application of compulsory treatment procedures.

2. If the intermediate court directly makes a compulsory treatment decision against Duan, how can the parties' right to relief be protected?

3. After the remand for retrial, is the practice of the District D Court lawful? Why? 4. After remanding for retrial, how should the District D court handle the attached civil lawsuit filed by the victim's family when making a compulsory treatment decision?

Ling Xu thought that this was also a multiple-choice question, but when he saw the end, he realized that this was actually an essay question, and he carefully reviewed the question several times, and thought carefully for a while, and pondered for a moment, he lifted the carbon pen in his hand, looked calm, and wrote helplessly: "This question will not be." ”

Before, Ling Xu wanted to take the test according to his ability, so he specially prepared three carbon pens, for fear that he would not be able to hold back when he answered the question, so that he would use up the carbon ink in the refill at that time.

Although the idea is good, the reality is a little ashamed, not to mention that he wrote 9 words in two questions, but with the fact that he did a total of "two questions", the result of "one pair" is wrong enough.

For this result, Ling Xu was depressed, and finally admitted, he decided to use his ability to copy the question, at this moment, Ling Xu finally saw a fact, that is, if he relied on his own ability to take this theoretical course, he would end up in his own hands.

Since Ling Xu went to find Mo Wanqing last time, he has been studying with Liu Qianchuan in the police academy, and he doesn't go home on weekends, except for occasionally calling home and Mo Wanqing, he basically doesn't go anywhere, he soaks in Liu Qianchuan all day long, because he is too involved in studying, he forgets that he has special abilities during that time.

Therefore, Ling Xu's ability has accumulated for three and a half months, according to the calculation of 24 seconds a day, after three and a half months, his ability has accumulated nearly 1100 seconds, if Ling Xu lets go of his hand and uses it, he can use it for almost 18 minutes, these times, let alone copy an answer, even if he copies the exam questions on the test paper, it is more than enough.

Before the exam began, in order to prevent the students of the same class or the same unit from cheating, the police academy deliberately disrupted the order of the class and let the students of several county bureaus mix together for the exam, but this trick did not work for Ling Xu at all.

After making up his mind, Ling Xu turned on his ability to stop time for a while, and then he was ready to copy the answers, and after passing the last civil service exam, Ling Xu could be regarded as copying his own experience.

For example, in this first question, before Ling Xu copied the question, he first took a turn in the classroom to see which answer had a higher appearance rate among the answers written by those students, and after finding the answer with a higher answer rate, Ling Xu copied it down.

Although this style cannot guarantee 100% correctness, it can at least ensure that the score will not be at the bottom, Ling Xu inspected in the classroom, and found that most of the candidates chose A for the first question, and a small number of students chose C, B, and D.

Seeing this, Ling Xu crossed out his previous answer, and then chose A without hesitation. After completing the first question, he continued to wander around the classroom and began to study the answer to the second question, copying the second question and then the third.

When Ling Xu was copying the questions, he also knew that he was pinching the time, and after copying the three questions, he found that the students had not had time to do the questions below, so he sat back in his place, removed the ability, and pretended to lie on the table to answer the questions.

After a while, Ling Xu estimated that the time was almost up, so he turned on his ability to copy the question, and after copying the two questions, he returned to his position and continued to lie on the table and pretend to do the question.

In this way, Ling Xu turned on the ability every once in a while, and after copying the question, he sat back down and removed the ability. In the eyes of outsiders, Ling Xu has been lying on the desk to do questions from beginning to end, no different from other students.

Forty-five minutes later, the invigilator announced that the exam was over, and at this time, Ling Xu had finished copying the last question, pretending to review it, and after making sure that he had not written his name wrong, Ling Xu happily handed in the paper.

After putting the test papers away, the invigilator put the test papers into the file bag, and then told everyone with a cold expression: "Rest in the afternoon, gather at the shooting hall of the police academy at eight o'clock tomorrow morning, and then conduct the police equipment test." ”