问题 单项选择题

李某由于患有严重的精神病,经利害关系人向法院提出申请,被法院判决认定为无民事行为能力人。后来,李某的精神病被治愈,李某向法院提出撤销原判决的申请,法院经过审查核实李某的精神病已经治愈,此时法院应当作出何种处理( )

A.通过提起审判监督程序予以纠正

B.人民检察院可提起抗诉

C.当事人可向上级人民法院申请再审

D.由原审人民法院按照特别程序的规定,撤销原判决、作出新判决

答案

参考答案:D

解析:[考点] 宣告无民事行为能力的撤销 首先,我们要明确认定公民无民事行为能力或者限制民事行为能力的案件属于非讼案件,非讼案件不同于诉讼案件,非讼案件的判决生效后,如果发现判决在认定事实或者适用法律方面有错误,或者是出现了新情况、新事实,不能按照再审程序对该判决提起再审,而是法院根据有关人员的申请,查证属实之后,可以依照特别程序的规定撤销原判决,做出新判决。这是非讼案件与诉讼案件的不同之处。同时,根据《民事诉讼法》第173条的规定:“人民法院根据被认定为无民事行为能力人、限制民事行为能力人或者他的监护人的申请,证实该公民无民事行为能力或者限制民事行为能力的原因已经消除的,应当作出新判决,撤销原判决。”本案中,李某的情形符合上述法律的规定。所以,本题的正确答案是D。

阅读理解

I still remember the day when my mom said, “Let’s get you some new clothes.” You can imagine that to any little girl that would mean the world, but to me it meant the universe, because we were not very rich. After she said that, all I could think about was what kinds of clothes I would choose. To my surprise, my mom allowed me to pick out three dresses: a pink one, a blue one and a yellow one. The yellow one was my favorite.

I had a best friend named Seema, whose family was even poorer than ours. We played and studied together, and spent the best days of our childhood laughing at the silly stories we made up. I was excited to show her my three beautiful new dresses. She loved them all and was happy for me, but tearfully explained to me that her father could only afford to buy her clothes for her birthday. I felt sorry, and then did something that surprised even myself: I asked her to pick out one of my dresses for herself. To my disappointment, she picked up my favorite—the yellow one. Please remember, I was only seven years. My heart almost popped out (跳出) of my chest. But as she held it against her body, and I saw how brightly she smiled, I stopped feeling any hurt. I told her it looked lovely on her.

I’ll always remember Seema’s smile, and how at that moment nothing mattered more. When you value your friendships, nothing else matters! We’re still best friends today.

小题1:Why did the new clothes mean the universe to the author?

A.She loved dressing up more than anything else.

B.She thought they would make her more beautiful.

C.Her family was poor, and new clothes were very rare.

D.Her mother only bought her new clothes for her birthday.小题2:The author let Seema pick out one of her dresses because she wanted to _______.

A.show her pity for Seema’s family

B.show off her family’s wealth

C.make Seema become her best friend

D.exchange it with Seema’s dress小题3:When Seema chose the yellow dress, the author was disappointed because ________.

A.she was not generous

B.she didn’t expert to lose her favorite dress

C.Seema chose her favorite dress on purpose

D.Seema was careless about her feelings小题4:What can we conclude from the passage?

A.Getting a best friend means losing other things.

B.Being generous is not easy.

C.Children like sharing their favorite things.

D.Friendship is precious (珍贵的).

单项选择题