问题 单项选择题

张某因孙某欠款不还向法院起诉。在案件审理中,孙某因盗窃被刑事拘留。关于本案,下列哪一选项是正确的?()

A.法院应当裁定中止诉讼,待对孙某的刑事审判结束后再恢复诉讼程序

B.法院应当裁定终结诉讼,并告知张某提起刑事附带民事诉讼

C.法院应当继续审理此案

D.法院应当将此案与孙某盗窃案合并审理

答案

参考答案:C

解析:

[考点] 诉讼中止

《民事诉讼法》第137条规定:“有下列情形之一的,终结诉讼:(一)原告死亡,没有继承人,或者继承人放弃诉讼权利的;(二)被告死亡,没有遗产,也没有应当承担义务的人的; (三)离婚案件一方当事人死亡的;(四)追索赡养费、扶养费、抚育费以及解除收养关系案件的一方当事人死亡的。”本题不属于上述情形之一。《民事诉讼法》第136条规定:“有下列情形之一的,中止诉讼:(一)一方当事人死亡,需要等待继承人表明是否参加诉讼的;(二)一方当事人丧失诉讼行为能力,尚未确定法定代理人的;(三)作为一方当事人的法人或者其他组织终止,尚未确定权利义务承受人的;(四)一方当事人因不可抗拒的事由,不能参加诉讼的;(五)本案必须以另一案的审理结果为依据,而另一案尚未审结的; (六)其他应当中止诉讼的情形。”本题中孙某欠款不还与盗窃两个案件之间没有关联,对孙某刑事责任的追究与其民事责任的承担互不影响,所以本题中债务纠纷不以孙某刑事诉讼的审理结果为依据,不需要中止民事案件的审理。同理,不符合提起刑事附带民事诉讼的基本条件。

阅读理解

Working hard for fun

No more pencils! No more books

No more teacher’s serious looks!

After a long period of study and work, the young Americans burst through the school doors singing.

But unfortunately, American students do very poorly and are among the worst students in the world. In the entire field of subjects---from geography and maths to science and general knowledge. American students are the poorest performers. Why? What’s the reason behind the scene? One problem lies in the fact that so little is expected from them. The standards of success are too low. Teachers are not willing to give out low grades and fail students. Besides, the existing negative results are few and mean little to students if their performance in study is poor . Of course some students realize that a high school diploma is a measure of success and will be important to get a job or get admitted into college. But they only have to go through the motions without really trying. They learn to get by with a minimum of effort.

In America, it is simply too easy for high school students to enter college. This forms a sharp contrast with the students in China and other Asian countries who have to suffer heavy pressure from parents, teachers and cruel social facts. Chinese students have to study hard for long years to pass the national college entrance examination which few Americans will take such trouble to enter to university. The majority American students know that they will be able to get into some college, so they do not really worry about it.

It turns out that American high school students are just too busy to find time to study. They spend almost no time on study while students from other countries spend four or five hours per day on homework. American students on the average give less than five hours per week to their studies. Learning and reading for future are not important to them. Many American never read. It is little wonder why Americans knows less than students from other countries.

1. Why are American students the poorest performers in the entire field of subjects?

A. Because they are too busy to find time to study.

B. Because they are too stupid and too lazy.

C. Because they care little about their study.

D. Because so little is required from them

2. Which of the following is Not true ?

A. Most of American students spend less than five hours on their study every week.

B. Few American students have trouble to enter college.

C. American students can be admitted into college even without a high school diploma.

D. It is hard for the students in China to enter college.

3. What seems to be the writer’s attitude towards American students?

A. He probably thinks much should be expected from them.

B. He is in favour of American students’ learning methods.

C. He shows no interest in American students’ study.

D. He thinks American students study hard.

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