问题 单项选择题

根据我国民事诉讼法的有关规定,适用督促程序的案件有( )

A.债权人请求债务人给付金钱、有价证券的案件,且债权债务关系明确

B.所有给付之诉

C.复杂的债权人请求债务人给付金钱、有价证券的案件

D.所有案件

答案

参考答案:A

解析:[考点] 支付令程序,即督促程序的适用范围
根据《民诉意见》第215条的规定:债权人向人民法院申请支付令,符合下列条件的,人民法院应予受理,并在收到申请后5日内通知债权人:(1)请求给付金钱或汇票、本票、支票以及股票、债券、国库券、可转让的存款单等有价证券的;(2)请求给付的金钱或者有价证券已到期且数额确定,并写明了请求所根据的事实、证据的;(3)债权人没有对待给付义务的;(4)支付令能够送达债务人的。不符合上述条件的,通知不予受理。同时,《民诉意见》第218条规定:债务人不在我国境内的,或者虽在我国境内但下落不明的,不适用督促程序。由此可见,督促程序适用的是债权人请求债务人给付金钱、有价证券的案件,且债权债务关系明确的案件。而非复杂的债权人请求债务人给付金钱、有价证券的案件,更不是适用于所有案件。给付之诉是诉的种类之一,诉根据其目的和内容的不同,分为确认之诉、给付之诉和变更之诉。督促程序的适用与案件是否属于确认之诉之间并没有必然的关系。所以,本题的正确答案是A。

判断题
单项选择题

Jonathan James looks like just another kid about to graduate from high school. But this 19-year-old Swede is anything but ordinary, from the computer in his parents’ home he helps the US Federal Bureau of Investigation(FBI) find out the world’s most wanted cyber criminals.

Jonathan first made headlines when he and another Swede, Fredrik Bjoerck, found out the maker of the "Melissa" virus in March 1999. He came to the aid of the FBI again on May 7, finding out the suspected sender of the dangerous "I LOVE YOU" virus. The suspect was caught in Manila on May 8.

Jonathan’s special skills are in hot demand as officials around the world express alarm at the "virtual" crimewave. In between studying for final exams, hanging out with friends and refereeing his younger brother’s football matches, the quiet, gentle teenager also gives lessons on e-security to large companies. He reads a lot and exchanges information with other computer experts to know much about the latest tricks of the hacker trade.

Many companies have already tried to employ him, but he is not interested at the moment. Instead, he plans to begin law school in the autumn at Sweden’s Uppsala University and start up his own e-security company.

Although he works with the FBI now, his family insists he’s just "a regular kid". "Jonathan is a great kid, he has his friends and he does a lot more than just play with the computer, " his little sister Tessa said, adding that he helps the FBI because "he likes to help", not because he’s looking for fame and recognition.

When the world was hit by the "Love Bug" virus, Jonathan was too busy preparing a speech on e-security to look into the problem. "Finally on May 7, I had some free time, so I began looking. " Within a few hours, he had found the suspect and e-mailed his method and results to the FBI. He said his work on the "Melissa" virus, which took three weeks to solve, was a big help in finding the suspect so quickly. "This time I knew exactly where to start, I knew what to disregard and what to look at.

The passage mainly wants to tell us that().

A. Swedish kid helps FBI find out the most wanted cyber criminals

B. Jonathan is really a quiet, gentle and ordinary boy

C. many companies want the young computer expert to join in

D. any cyber criminals will surely be found out wherever they are