问题 单项选择题

根据我国民事诉讼法及司法解释的规定,下列哪项法律文书不可以作为人民法院强制执行的根据 ( )

A.人民法院制作的具有给付内容的民事判决书

B.公证机关依法赋予执行效力的债权文书

C.张某亲笔书写的借李某8万元的借条,并且已到期

D.中级人民法院依法作出的承认外国法院判决效力的裁定书

答案

参考答案:C

解析: 两类执行根据:第一,法院制作的需要执行的法律文书。法院制作的所有的需要执行的法律文书,除判处人身刑的刑事判决、裁定外,一律可以作为法院强制执行的根据。具体包括:(1)人民法院制作的民事判决、裁定、调解书、民事制裁决定和支付令;(2)人民法院制作的行政判决、裁定、行政赔偿调解书以及行政制裁决定;(3)人民法院制作的刑事附带民事判决、裁定和调解书;(4)人民法院承认外国法院做出的判决、裁定,以及国外仲裁机构做出的裁决的效力的裁定。第二,法院外的其他机构制作的,需要人民法院强制执行的法律文书。(1)行政机关制作的依法应当由人民法院执行的行政处罚决定和行政处理决定。(2)我国仲裁机构做出的仲裁裁决、调解书,以及人民法院依据《中华人民共和国仲裁法》有关规定做出的财产保全和证据保全裁定。(3)公证机关依法赋予强制执行效力的债权文书。因此,选项A、B、D是可作为人民法院强制执行的根据,故C项当选。

单项选择题

"I was just like you--I’ thought I was invincible," says Adam Blomberg, standing before 400 students in a darkened auditorium at Miami’s Coral Reef Senior High School. A photo of a bloodied and unconscious teenager, a breathing tube protruding from his mouth, flashes on the wall.

"That was me," he says. There’s a collective gasp before the room grows silent and Blomberg,31, an anesthesiologist who trained at Brigham and Women’s Hospital in Boston, begins the story of what happened one night in February 1995.

He created a presentation illustrating the dangers of behaving irresponsibly in a car, from not buckling up to speeding to driving under the influence of alcohol and drugs. He tracked down photos of teen crash victims from the center’s archives, then incorporated statistics and his own experience. He spoke the first time to a local Boy Scout troop and was soon giving his talk, "A Survivor’s Story," at high schools around the state.

The Blomberg family had reason to celebrate. Adam had fully recovered and was on his way to fulfilling his lifelong dream of becoming a doctor. But in January 2000, Blomberg’s 22-year-old step-brother, Michael, was killed in a crash while driving to his Atlanta home late one night. He wasn’t wearing a seat belt. After the accident, Blomberg stopped telling his story to crowds, racked with guilt over his inability to reach Michael. If Blomberg had failed his own brother, he reasoned, how could he possibly make a difference to a roomful of strangers Requests from schools continued to roll in, but he turned down every one.

Then Blomberg got a call from a high school counselor. As he started into his standard excuse-lack of time—he looked across the room at a stack of thank-you notes from students who had heard him speak. He realized that kids needed to hear what he had to say. He agreed to visit the school and began contacting others on the waiting list for his talks.

Blomberg leaves the school hoping he has changed someone’s behavior. He recalls a letter he received from a student who heard him speak and got into a crash later that same day but was unharmed. " She told me she was wearing her seat belt because of me."

Letters like this reinforce his belief that he survived the accident for a reason. "There are a lot of physicians in the world, and we all save lives," he says. "I have a special opportunity to save lives not just as a doctor but also as a human being.\

Which one of the following is NOT a part of the author’s presentation()

A.Photos

B. Statistics

C. Videos

D. His own experience

问答题 简答题