问题 单项选择题

青年张某在马路上骑车,迎面飞驰过来一辆奔驰,结果张某被撞倒,奔驰畏罪开走。过路人李某见义勇为,将张某送到医院,还垫付了1300元的医药费。同时在场的还有马某,后者细心记下了奔驰的车牌号码,并为此事义愤填膺。关于此事,下列说法正确的是( )

A.青年张某被撞伤住院,自然有资格状告奔驰车主赔偿医药费,即使他尚不知车主姓名也是一样

B.见义勇为的李某垫付了1300元的医药费,但是他无权起诉奔驰车主,只能向张某讨还这笔钱

C.马某是一名记者,他记下车牌号码,并最终找到了奔驰车主,他可以以自己的名义告后者,从而为社会和为张某讨还公道,也给自己创造了绝佳的新闻题材

D.本案张某和李某其实都有权起诉奔驰车主,因为他们都与本案有联系

答案

参考答案:B

解析:[考点] 原告的资格问题
《民事诉讼法》第108条规定:起诉必须符合下列条件:(1)原告是与本案有直接利害关系的公民、法人和其他组织; (2)有明确的被告;(3)有具体的诉讼请求和事实、理由;(4)属于人民法院受理民事诉讼的范围和受诉人民法院管辖。在这起车祸中,有直接利害关系的是张某,李某只是救助和垫付了医药费,他可以作为第三人参加诉讼,或者如果张某怠于起诉的话,他可以以无因管理起诉张某,由张某偿还他垫付的医药费,因此B正确而D错误。马某虽然记下车牌号码,并最终找到了奔驰车主,但他只是一个旁观的路人,与本案没有直接利害关系,没有资格作为原告,C错误。至于A,张某明显是原告,但民事诉讼的前提是知道明确的原告,甚至要提供法院明确的送达地址,审理才有可能,而张某不知被告身在何方,公安不能提起民事诉讼,但是不妨碍进行刑事诉讼的程序,这也是两种诉讼的区别之一。

听力题

请认真阅读下面短文,并根据各题所给首字母的提示,写出一个合适的英语单词完整、正确的形式,使短文通顺。

An 8-year-old Miami boy, Joshua Williams, is president of his own non-profit organization---Joshua’s Save the World. His organization provides food and clothes for p小题1:     people and families in Miami and the neighboring areas.

Joshua has r 小题2:    thousands of dollars for his organization. He started to help the hungry when he was just 5. He was in his mother’s car when they passed a beggar. Joshua asked his mother to stop so that he could give him $20. “It’s my pocket m 小题3:  . I want to help him, Mum,” Joshua recalled. One year later, he created his organization with the help of his mother and Francine Hanna, a local businesswoman. “He just thought that was what he wanted to do,” his mother said. “And there was nothing that could s 小题4:   him.”

The organization now provides clothing, furniture and food for the poor people in America. At the same time, Joshua never misses a c 小题5:   to ask other people to follow what he did whether at church or on the streets. Earl Laird l 小题6: his job two years ago and hasn’t managed to get a n 小题7:   one. Without money, he can’t p 小题8:   for the flat and has to live on the street. He depends on food from Joshua’s Save the World. “Joshua is an angel (天使) from God,” he said.

Joshua has won Miami’s “Do the Right Thing” award and the “Kids Who Care” competition, which awarded him a $1,000 note. Even though he has a 小题9:  done a lot, he said that his mission (使命)to provide for the poor is f  小题10:   from finished. “I want to get a team together,” Joshua said. “I want my team to go out and give food to people who have a need for it. I want to spread love to countries in Africa.”

单项选择题