问题 单项选择题

甲与乙发生争执,甲将乙打伤,乙向法院起诉甲。乙为了赢得诉讼,决定委托诉讼代理人。则不可以作为委托代理人的人是哪一项

A.乙的儿子小乙,17岁,某知名大学法律系学生

B.乙的哥哥丙,美籍华人,目前回中国探亲,住在乙家中

C.乙的邻居丁,曾经因为犯辩护人毁灭证据罪而被判处有期徒刑两年

D.乙的舅舅戊,个人欠乙5万元借款未还

答案

参考答案:A

解析:[考点] 委托诉讼代理人 《民事诉讼法》第58条规定:“当事人、法定代理人可以委托一至二人作为诉讼代理人。律师、当事人的近亲属、有关的社会团体或者所在单位推荐的人、经人民法院许可的其他公民,都可以被委托为诉讼代理人。”《民诉意见》第68条规定,除律师、当事人的近亲属、有关的社会团体或者当事人所在单位推荐的人之外,当事人还可以委托其他公民为诉讼代理人。但无民事行为能力人、限制民事行为能力人或者可能损害被代理人利益的人以及人民法院认为不宜作诉讼代理人的人,不能作为诉讼代理人。小乙只有17岁,属于限制民事行为能力人,所以A项当选。丙是乙的哥哥,属于近亲属,尽管是美籍华人,但仍可以,所以B项不选。丁虽然受过刑事处罚,但是并不属于法律禁止的范围之内,所以只要有乙的委托就可以,所以C项不选。D选项,考生要注意是“欠乙”而非“欠甲”,所以不会损害被代理人的利益,不应当选。

阅读理解

Martin Lynch, an American businessman, had been going on vacation to a small Mexican fishing village for a number of years. One morning while going for a walk along the beach, he saw his friend Pablo Perez, a local fisherman. Martin watched Pablo unload his boat and pack the fish in a box.

Martin noticed Pablo was smiling and looked very happy. He could also see several large fish in the boat. Martin greeted Pablo and asked how long it took to catch the fish. “Just a few hours,” replied Pablo. Martin asked, “Why didn’t you stay longer and catch more fish?” “I have enough for my family,” Pablo said. “And what do you do with the rest of your day?” asked Martin. “I take a nap, play with my children, spend time with my wife, and go into the village to see my friends and play cards, I have a full and busy life.” Martin explained that if Pablo worked longer hours and caught more fish, he could make more money. With the extra money, Pablo could buy more boats and catch money more fish. By selling the fish, Pablo could open his own factory and sell direct to supermarkets.

“Then what?” asked Pablo. “Well you would probably have to move to Mexico City to run the business. Finally, you would be able to sell your business and make millions of dollars,” replied Martin. “How long will that take?” asked Pablo.

Martin thought for a while and said it would probably take at least 15 years.

“And then what” asked Pablo.

“Well, that’s the best part,” Martin said. “You will be able to retire, Buy a house near the ocean, sleep longer, play with your children, spend more time with your wife, see your friends, and play cards.”

小题1:What makes the Mexican fisherman happy is ______________.

A.many friends to visit him

B.a full and busy life

C.more boats and more fish

D.the house near the ocean小题2:How can the fisherman make more money in the businessman’s view?

A.By buying a supermarket.

B.To move to Mexico City.

C.By selling his own business.

D.To work longer and catch more fish.小题3:The underlined word “unload” in the passage means ____________.

A.put … into

B.take … away from

C.break down

D.set off小题4:We can infer from the passage that ____________.

A.the fisherman will stay the same with his life

B.the fisherman will leave the village for Mexico City

C.the business man will buy the fisherman’s boat

D.it takes all day for the fisherman to catch large fish

单项选择题