问题 单项选择题

下列有关仲裁程序的说法中,哪些表述符合仲裁法律的规定( )

A.仲裁过程中,如果被申请人经书面通知无正当理由拒不参加庭审的,可以认定申请人的主张成立,缺席裁决

B.仲裁过程中,对当事人提出的财产保全申请,仲裁委员会审查后直接作出财产保全裁定,由有关法院执行

C.因仲裁员回避而重新选定或者指定仲裁员后,已进行的仲裁程序是否重新进行,仲裁庭有权决定

D.仲裁过程中当事人达成和解协议的,仲裁庭可以根据当事人的申请制作调解书

答案

参考答案:C

解析:[考点] 仲裁程序的有关规定
[详解] 根据《仲裁法》第42条第2款规定:“被申请人经书面通知,无正当理由不到庭或者未经仲裁庭许可中途退庭的,可以缺席裁决。”仲裁过程中,如果被申请人经书面通知无正当理由拒不参加庭审的,可以缺席裁决,但并不因此认定申请人的主张成立。申请人的主张是否成立,取决于其提交的证据,而非被申请人的缺席。A错。
根据《仲裁法》第28条规定:“一方当事人因另一方当事人的行为或者其他原因,可能使裁决不能执行或者难以执行的,可以申请财产保全。当事人申请财产保全的,仲裁委员会应当将当事人的申请依照民事诉讼法的有关规定提交人民法院。”可见,当事人申请财产保全,仲裁委员会无权直接作出财产保全的裁定,而应提交有管辖权的人民法院。B错误。
根据《仲裁法》第37条的规定:“因回避而重新选定或者指定仲裁员后,当事人可以请求已进行的仲裁程序重新进行,是否准许,由仲裁庭决定;仲裁庭也可以自行决定已进行的仲裁程序是否重新进行。”可见,仲裁程序是否重新进行,由仲裁庭决定。C项正确。
根据《仲裁法》第49条规定,当事人达成和解协议的,可以请求仲裁庭根据和解协议作出裁决书,而非调解书。D错误。

阅读理解

Saturday morning was bright and fresh. There was a song in every heart, cheer on every face, and a spring in every step.

Tom appeared with a bucket(桶)of white paint in one hand and a brush in the other. His Aunt Polly told him to paint the fence(篱笆)around the garden. It was ninety feet long and nine feet high. He felt very blue.

Then he had a wonderful idea. He picked up his brush and started to work.

Soon Ben came along the road. He was happily eating an apple. He stopped to look at Tom. Tom went on painting and pretended(假装)not to see Ben.

“I’m going swimming,” said Ben. “Do you want to go swimming, Tom? But I guess you can’t. You have to stay and work, don’t you?”       

“Work?” Tom said. “This isn’t work. I’m enjoying myself. Does a boy get a chance to paint a fence like this every day?”

Ben thought about this. Tom continued painting carefully. Sometimes he stopped, stood back to look at the fence like an artist, and then added(增加)a bit more paint in just the right place. Ben was watching Tom paint with great interest. He was getting more and more eager(渴望的)to have a try himself.

After a while, Ben asked Tom if he would let him paint a little. Tom thought about it, and said, “No, Ben, I can’t. You see. Aunt Polly wants it to be done well. Aunt Polly said that I must paint it with great care.”

“Oh, please, Tom,” begged Ben. “I can do it. I’ll be really careful. Just let me try. I’ll give you half of my apple. Well, I’ll give you all of it!”

“Well, all right, Ben,” said Tom. “You must be very careful.”

He gave Ben his brush with worry on his face but joy in his heart. He sat down under the tree, and started to eat Ben’s apple. All day, boys came to make fun of Tom, but they ended up staying to paint. When Ben got tired, Billy was waiting. He gave Tom a kite for a chance to paint. Then Johnny offered him a basketball, and so on.

By late afternoon Tom had got all kinds of toys, and the fence had got three coats of paint. Later Aunt Polly came to look at the painted fence. She was so pleased with Tom’s work that she gave Tom a large cake!

小题1:Why did Tom pretend not to see Ben when he came and watched him painting?

A.He saw Ben eating an apple happily.

B.He tried to make Ben interested in it.

C.He didn’t want to go swimming with Ben at all.

D.He didn’t want Ben to share the chance to paint the fence.小题2:What does the underlined word “spring” probably mean in Chinese?

A.春天

B.弹簧

C.泉

D.活力小题3:What do you think of Tom?

A.Honest.

B.Smart.

C.Shy.

D.Stubborn.

名词解释