问题 多项选择题

郑某因家庭关系不和睦,心情烦闷,于是离家出走到外省务工为生,一直未与家人联系。6年后因思念家乡回到家中,得知半年前其妻王某已向法院申请宣告其死亡并改嫁李某,郑某与王某的两岁女儿郑芯已由张某收养,闲置的住房被村办工厂占用。郑某可以行使以下哪些权利并会得到支持

A.申请法院撤销死亡宣告

B.请求法院确认王某与李某的婚姻关系无效

C.请求法院判令解除张某对郑芯的收养关系

D.要求村办工厂归还占有的住房

答案

参考答案:A,D

解析:《民法通则》第24条:被宣告死亡的人重新出现或者确知他没有死亡,经本人或者利害关系人申请,人民法院应当撤销对他的死亡宣告。   有民事行为能力人在被宣告死亡期间实施的民事法律行为有效。因此,A项正确。   《民通意见》第37条:被宣告死亡的人与配偶的婚姻关系,自死亡宣告之日起消灭。死亡宣告被人民法院撤销,如果其配偶尚未再婚的,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者再婚后配偶又死亡的,则不得认定夫妻关系自行恢复。因此,王某与李某的婚姻关系合法有效,郑某不得请求确认无效,B项错误。   第38条: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。郑某请求解除收养关系一般不应准许,仅在收养人与被收养人同意时除外,所以C项错误。   《民法通则》第25条:被撤销死亡宣告的人有权请求返还财产。依照继承法取得他的财产的公民或者组织,应当返还原物;原物不存在的,给予适当补偿。因此,郑某有权请求占有其财产的人返还财产,故D正确。

阅读理解

Kelly Christopher, a student at Lutheran High School in California, US, loves oranges. One day last week, she used a pole(竿子) to pick oranges off trees and collect them in baskets. It's the first time in her 15 years she's picked fruit from trees.

"This is quite different from buying oranges in the supermarket," said Christopher. "Every time I eat an orange, I'll remember this experience."

Christopher was one of the 30 student volunteers at Soil Born Farms. She volunteered as part of a project which was set up in 2009 to help homeowners in South Land Park pick oranges and other fruits out of their backyards. Before, the fruit would rot on the ground or get eaten by animals. Now the fruit is donated to those who need it.

"It is good for many people", said Randy Stannard, who works for the project. "The homeowner gets fruit picked and more people can have healthy food."

"Two harvests (收成 ) were organized in 2009 and volunteers picked 3,000 pounds (1,360kg) of fruit", Stannard said. In 2010, the number was 20,000. This year, Soil Born Farms hopes to get 40,000 pounds. They will harvest every weekend from January to April.

Shannon Galloway, Christopher's science teacher, brought her students into the project this year.

"You're making use of a resource that might be wasted," she said. "I think it's meaningful to everyone."

Donato Frazier, 15, always climbs up a ladder(梯子) and gets on the top of the tree.

"Standing on the treetop is pretty cool," Frazier said. "I can see clearly that many baskets are filled up, and even see that many people are eating healthy fruit because of our volunteer work."                                          

小题1:Christopher and other students went to pick fruits from real trees because they wanted to _____.

A.have some fresh fruit for themselves

B.make some money by selling fruit

C.provide people with more healthy fruit

D.buy some cheap fruit from their neighbors小题2:When was the project set up?

A.In 2008.

B.In 2009.

C.In 2010.

D.In 2011.小题3:What will happen to the fruit if they don’t help the homeowners pick it?

A.The fruit will rot or be eaten by small animals.

B.People who need the fruit will come to pick it.

C.The fruit will be used as a resource for research.

D.Homeowners will pick the fruit and sell it.小题4:What does the underlined word resource mean?

A.资源

B.调查

C.对策

D.娱乐小题5:How do the students feel about their work?

A.It’s interesting and easy.

B.It’s meaningless and hard.

C.It’s meaningful and exciting.

D.It’s tiring and boring.

选择题