问题 单项选择题

某法院受理甲诉乙侵权纠纷一案,判令乙于判决生效后一个月内,在本市晨报上登报向甲赔礼道歉。判决生效后半个月,甲乙自行达成口头协议,约定乙可不赔礼道歉,但须支付给甲 5000元作为补偿。达成协议后,乙付完3000元,就拒不履行了。于是甲向人民法院申请强制执行。对此,法院应如何处理( )

A.执行原来的生效判决,扣除已经履行的部分
B.不是执行和解
C.应根据当事人协议的内容制作调解书,告知甲根据调解书申请执行
D.作为执行和解,告知不可以再申请执行原来的判决

答案

参考答案:B

解析: 执行和解
[详解] 根据《民事诉讼法》第207条:“在执行中,双方当事人自行和解达成协议的,执行员应当将协议内容记入笔录,由双方当事人签名或者盖章。一方当事人不履行和解协议的,人民法院可以根据对方当事人的申请,恢复对原生效法律文书的执行。”执行和解的要件之一就是要在执行中达成和解,但是,甲乙达成口头协议是在执行程序开始之前,所以不是执行和解。故本题答案为B。

选择题
阅读理解

Skiping classes violates school rules and a poor attendance record will damage your final mark. But some college students still try every means to escape classes.   The number of these rebels may be much bigger than you think.  Three students from Anhui Normal University established Itaoke. Com in June. The website quickly attracted 2 000 registered members in three months. On the website, students share their experiences of skipping classes and even post ads to look for someone to stand in for them to attend courses.  Its embarrassing for universities to see this shameful behavior discussed:

However,it's good for schools and teachers to know via the website the reasons why students skip classes,according to Professor Xiao Haitao from Shenzhen University: Xao pointed out that some`students skip classes because of laziness.Others play truant because the teaching is truly dissatisfactory,“Universities can seek improvements to give a cure to the class-skipping problem,”said Xiao.

Chen Yang,21,thinks that he is  “forced" to skip some courses because of the poor teaching.  the  senior,majoring in English at Yangtze University, thinks that he's wasting time in the classroom when the teacher reads the textbook word for word or hands him outdated reading materials. He would rather skip classes to study in the library, watch online videos of Harvard or Yale lectures,or sit in on(旁听)other courses he is interested in. Chen draws a clear line between himself and those who skip classes in order to get more sleep or fool around on campus. He emphasized:“I skip classes with a clear goal,which is to probe into areas I'm interested in and broaden my horizons.”

Li Sicen,President of the National Taiwan University,seems to be on Chen's side.  Li claimed that he supported those students who skip classes for good reasons.

However,Professor Xiao warns students that Li is not giving permission for students to skip  classes. Xiao suggests that Li was just showing his understanding of truancy in a limited number of cases.

In Professor Pan Cuiqiong's opinion,students tend to jump to the conclusion that a certain course is boring and useless. "To clear students' misunderstanding,teachers should use materials closely related to students’lives and adapt interactive teaching methods,”said Pan.

Besides offering teachers more training,schools also need to give students different optional courses and ensure that they can attend the courses they are interested in,according to  Professor  Xiao.  Many Chinese students have the experience of being kicked out of an optional course because its size is limited. They are then forced to choose courses they dislike and are likely to skip them. We may learn from Sydney University in Australia.  There aren't any problems with numbers---if a course is popular then there will be more than one class per week.

小题1:The underlined word“rebels" in Paragraph 1 refers to           

A.students who embarrass their universities

B.students who establish websites

C.students who skip classes

D.students who quarrel with their parents小题2:Chen Yang Skips some courses because_       ___.

A.his school is more student-centered

B.he wants to get more sleep

C.he wants to fool around on campus

D.the teaching style needs much improvement小题3:According to the passage,we learn that Professor Xiao__     __.

A.is giving permission for students to skip classes

B.thinks it's embarrassing for the three students to establish ltaoke. com

C.thinks the website will help to know why students skip classes

D.claimed that he supported those students who skip classes for good reasons小题4:Which of the following measures is NOT mentioned to stop students skipping classes?

A.Teachers should adopt practical materials and flexible teaching methods.

B.Schools should offer teachers more training:

C.Schools need to ensure that students can attend various courses they are interested in.

D.Students should be punished if they skip classes.