问题 单项选择题

中国公民萨姆于2001年3月1日(刚满25岁时)前往伊拉克务工,但由于伊拉克发生战争,萨姆在战争中于3月13日就失去下落。后其妻在2003年4月起诉要求宣告其死亡,法院于2004年5月宣告萨姆死亡。但实际上,萨姆只是想躲避家庭责任而已,本人仍然活跃在中伊商界。下列关于萨姆被宣告死亡后的法律效力,说法正确的是:( )

A.萨姆被宣告死亡后,在纠纷中将人打伤,由于萨姆已经丧失主体资格,不必承担责任

B.萨姆被宣告死亡之后,其儿子被人收养,其妻子改嫁,2005年1月萨姆回家,要求撤销收养以及原妻的再婚婚姻关系,应予支持

C.萨姆在被宣告死亡后,在国内与他人订立买卖电脑的合同无效

D.萨姆之妻知道萨姆的下落,但为了多占共同财产,申请宣告甲死亡,萨姆可以主张侵权要回已经被继承的财产并主张赔偿责任

答案

参考答案:D

解析:考点:宣告死亡解析:《民通意见》第37、38规定:死亡宣告被人民法院撤销,如其配偶尚未再婚的,夫妻关系从撤销死亡宣告之日起自行恢复;如果其配偶再婚后又离婚或再婚后配偶又死亡的,则不得认定夫妻关系自行恢复。被宣告死亡的人在被宣告死亡期间,其子女被他人依法收养,被宣告死亡的人在死亡宣告被撤销后,仅以未经本人同意而主张收养关系无效的,一般不应准许,但收养人和被收养人同意的除外。因此B错误;《民通意见》第36条第二款规定:“被宣告死亡和自然死亡的时间不一致的,被宣告死亡所引起的法律后果仍然有效,但自然死亡前实施的民事法律行为与被宣告死亡引起的法律后果相抵触的,则以其实施的民事法律行为为准。”因此C错误。同时,通说以及司法实践中不限于民事法律行为有效,对于侵权行为仍然要负责任,A也错误;《民通意见》第39条规定:“利害关系人隐瞒真实情况使他人被宣告死亡而取得其财产的,除应返还原物及孳息外,还应对造成的损失予以赔偿。”D正确。

阅读理解

阅读理解。

     These days, there's a popular cartoon named happy sheep and gray wolf. It's an excellent Chinese cartoon,

which tells the stories of happy sheep and gray wolf. The poor gray wolf is always trying hard to catch the

sheep, but the sheep could always run away from the danger. The sheep are so clever and lovely that the

cartoon gets all the children's love. At the same time, the cartoon is full of humor. The children could learn

more knowledge and enjoyment from it.

     The cartoon is shown repeatedly on many TV channels. The Zhejiang Channel broadcasts the cartoon on

weekends and the vacations; the Sichuan Channel broadcasts the cartoon for an hour in the evening; the

Shandong Channel broadcasts it in the morning, while CCTV-3 broadcasts it at noon every day.

     On one hand, the cartoon gets the children's love because the happy sheep is really clever. He always has a

way to work out any problem and save his friends. What's more, there're many things about happy sheep and

gray wolf, such as the books, the toys, the pencil-box, the clothings, and so on. Children are happy to buy

them. On the other hand, many adults (大人) also like the cartoon, for the gray wolf is regarded as the perfect

husband with skills and effort. He invents many things just to catch a sheep for his wife. Though he is often

hit by his wife, he always makes her happy without complaining (抱怨).

     We can learn more from the cartoon, including the skills, the stories, the details, the humor, and so on. We

could see the humor of Chinese type during the cartoon. But I don't like its being shown so often. It may make

the children spend more time on watching TV and it is bad for their health and study.

1. The underlined word "cartoon" in the first paragraph is ______.

A. a kind of picture

B. a kind of sheep

C. a kind of film

D. a kind of book

2. Which channel is not mentioned in the passage.

A. Zhejiang Channel

B. Shandong Channel

C. Sichuan Channel

D. CCTV-1

3. Why do many adults also like the cartoon Happy Sheep and Gray Wolf?

A. Because they like men like gray wolf.

B. Because they are still young.

C. Because they want to make their children happy.

D. Because there are many things about the happy sheep and the gray wolf.

4. The author doesn't like its being shown repeatedly because ________

A. he thinks children will feel bored after seeing it again and again

B. he is afraid that children's health and study will be affected

C. he doesn't like the cartoon himself

D. he thinks it is a waste of money

问答题 简答题