问题 多项选择题

第二审人民法院对上诉案件,可以迳行裁判。下列关于迳行裁判的说法,不正确的有:()

A.迳行裁判等同于书面审理

B.二审审理过程中,当事人提出新的事实、证据或理由的,法院也可以迳行裁判

C.二审中未提出新证据、新事实,原告只是提出新的理由,可以迳行裁判

D.合议庭在决定径行裁判之前,必须经过阅卷、调查和询问当事人,而且必须符合当事人无新证据提交、无新理由提出的条件

答案

参考答案:A, B, C

解析:迳行裁判是不经过开庭审理直接作出裁判的二审裁判方式。此制度是2013年《民事诉讼法》的修改点之一。《民事诉讼法》第169条规定:"第二审人民法院对上诉案件,应当组成合议庭,开庭审理。经过阅卷、调查和询问当事人,对没有提出新的事实、证据或者理由,合议庭认为不需要开庭审理的,可以不开庭审理。"可见,迳行裁判不同于书面审理,书面审理是不开庭、不调查、不询问当事人和证人,只通过审阅第一审案卷材料就直接作出判决。迳行裁判要经过阅卷、调查和询问当事人的程序环节。依据上述规定,A项错误;当事人提出新的事实、证据或理由的,法院须开庭审理,不得迳行裁判,故B项错误、C项错误;D项符合法律规定,是正确的。

阅读理解

阅读理解。

      If you have come into a chat room, or sent e-mails to or received e-mails from your net friends, you

have become one of the millions who talks to others in a different and short form of English.

     All over the world, every night children and the elder are "talking" online, and many of them are talking at the same time.

     If you want to talk fast, you need to use the language which is easy to understand. There is neither time nor space for you to tell others why. Why not just use I3RB (=be right back) to tell your friends you have

to leave for a moment?

      If you are interested in somebody,  A/S/I.is OK. It means you want to know your friend's age,  sex,

and location ( = place). You may get 18/F/ BJ as an answer. If something makes you laugh, say you are

OTF, or LOL (=laughing out loud).

     People want to write as fast as possible.and they want to get their ideas across as quickly as they can. Big letters are not often used, except when telling feelings, as it takes more time to hold down the "shift"

key and use capitals.Punctuation is going, too.

1.When people are online,they talk by_______.

A using body language a lot B. drawing some strange pictures

C. making phone callsD. making use of a different form of English

2.The net makes it possible for many' people in the world to_______ .

A.talk online at the same time

B.find their friends and relatives

C.pick out good things to buy

D.find out some problems in society

3.The sentence "There is neither time nor space for you to tell others why."

means that _______.

A. people should use the right words

B. people should know what time it is when they are talking

C. people online have to speak in an easy way

D. people should tell each other what they think about in a funny way

4.If you get 18/F/BJ as an answer to your A/S/I., it means_______.

A. the person who is talking to you is 18 from Beijing and he is high

B. you are talking to a boy 18 years old and he lives in Beijing

C. the girl you are talking to is 18 years old and she lives in Beijing

D. the Beijing girl you are talking to has been online for 18 minutes

5.Which is a way to save time online?

A. People do not use big letters and punctuation quite often.

B. Some people use pictures.

C. People don't write just using the keyboard.

D. People never use the "shift" key.

单项选择题