问题 多项选择题

下列哪些民事诉讼案件法院不可以按撤诉处理?______

A.金某是有独立请求权的第三人,经人民法院传票传唤,无正当理由拒不到庭

B.韩某是被告的法定代理人,无正当理由拒不到庭

C.张某是无独立请求权的第三人,无正当理由拒不到庭

D.黄某是原告的法定代理人,无正当理由拒不到庭

答案

参考答案:B,C

解析:根据《民事诉讼法》第143条规定,原告经传票传唤,无正当理由拒不到庭的,或者未经法庭许可中途退庭的,可以按撤诉处理;被告反诉的,可以缺席判决。根据《民诉意见》第159条规定,有独立请求权的第三人经人民法院传票传唤,无正当理由拒不到庭的,或者未经法庭许可中途退庭的,可以对该第三人按撤诉处理。《民诉意见》第162条规定,无独立请求权的第三人经人民法院传票传唤,无正当理由拒不到庭,或者未经法庭许可中途退庭的,不影响案件的审理。《民诉意见》第158条规定,无民事行为能力的当事人的法定代理人,经传票传唤无正当理由拒不到庭的,如属原告方,可以按撤诉处理;如属被告方,可以缺席判决。

阅读理解

阅读理解。

     When Webster was young, he was a teacher. But he quickly became tired of the books he used in

classes. They were all about the English people and places. Since he wanted books that would be

interesting to American children, he wrote three books with many American examples.

      Webster worked industriously (勤奋地) to change the spelling of American English. He wanted

words to be spelled in the same way they were pronounced (发音). For example, he thought the word

"laugh" should be spelled "1af".

     One day he walked into a print shop and gave the boy there a piece of paper. "Young man," he said,

"when you print any please don't spell as English people do. For example when you print these words

"theatre, centre, colour, and labour (劳动)", please always print them as "theater, center, color,

and labor'." The boy studied it and answered, "OK, but I must ask my boss first."

      With the money he made from his books, Webster could start his work, which took him more

than twenty years to finish. In 1828, the first American English dictionary was born. And today,

Webster's dictionary is thought to be the most important American dictionary in the whole world.

1. What kind of books did he use when Webster was young? [ ]

A. Books about Great Britain.

B. Books about the USA.

C. Books about both Great Britain and the USA.

D. Books that were very interesting.

2. Webster decided to change the spelling of American English because _____. [ ]

A. he was born in America

B. there were too many mistakes in them

C. American children were not interested in them

D. they were not spelled in the same way they were pronounced

3. On the paper Webster gave the boy were the words _____. [ ]

A. easy to say

B. that didn't sound well

C. whose pronunciations he wanted to change

D. whose spellings he wanted to change

4. Webster began to write the first American English dictionary before the year _____. [ ]

A. 1808

B. 1820

C. 1828

D. 1858

判断题