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问题 多项选择题

人民法院提审或按照第二审程序再审的案件，在审理中发现原判决违反法定程序的，下列处理方式不正确的有：

A．认为原判决中当事人起诉时已过诉讼时效的，裁定撤销一、二审判决，驳回起诉

B．适用普通程序审理的案件当事人，未经传票传唤而缺席判决的裁定撤销一、二审判决，发回原审人民法院重审

C．认为原判决中当事人的起诉不属于民事诉讼受案范围的，裁定撤销一、二审判决，驳回起诉

D．发现一、二审判决遗漏应当参加诉讼的当事人的，可以根据当事人自愿原则予以调解，调解不成，裁定撤销一、二审判决，并告知当事人另行起诉

答案

参考答案：A,D

解析：[考点] 提审或再审中对原判决违反法定程序的处理
根据最高人民法院《关于审理民事案件适用诉讼时效制度若干问题的规定》第3条，当事人未提出诉讼时效抗辩，人民法院不应对诉讼时效问题进行释明及主动适用诉讼时效的规定进行裁判，故A项人民法院的做法错误。《民诉意见》第210条规定：“人民法院提审或按照第二审程序再审的案件，在审理中发现原一、二审判决违反法定程序的，可分别情况处理：(1)认为不符合民事诉讼法规定的受理条件的，裁定撤销一、二审判决，驳回起诉。(2)具有本意见第181条规定的违反法定程序的情况，可能影响案件正确判决、裁定的，裁定撤销一、二审判决，发回原审人民法院重审。”C项属于不符合《民事诉讼法》规定的受理条件的，因此应撤销一、二审判决，驳回起诉；B项当事人未出席法庭审理，可能影响案件正确判决、裁定的，应裁定撤销一、二审判决，发回原审人民法院重审，B、C两项正确。《民诉意见》第211条规定：“依照审判监督程序再审的案件，人民法院发现原一、二审判决遗漏了应当参加的当事人的，可以根据当事人自愿的原则予以调解，调解不成的，裁定撤销一、二审判决，发回原审人民法院重审。”由此可知D项错误，应“发回原审人民法院重审”。

单项选择题

Questions 21-25We are not who we think we are.The American self-image is suffused with the golden glow of opportunity. We think of the United States as a land of unlimited possibility, not so much a classless society but as a place where class is mutable-a place where brains, energy and ambition are what counts, not the circumstances of one’s birth.The Economic Mobility Project, an ambitious research initiative led by Pew Charitable Trusts, looked at the economic fortunes of a large group of families over time, comparing the income of parents in the late 1960s with the income of their children in the late 1990s and early 2000s. Here is the finding: "The ’rags to riches’ story is much more common in Hollywood than on Main Street. Only 6 percent of children born to parents with family income at the very bottom move to the top.That is right, just 6 percent of children born to parents who ranked in the bottom fifth of the study sample, in terms of income, were able to bootstrap their way into the top fifth. Meanwhile, an incredible 42 percent of children born into that lowest quintile are still stuck at the bottom, having been unable to climb a single rung of the income ladder.It is noted that even in Britain-a nation we think of as burdened with a hidebound class system-children who are born poor have a better chance of moving up. When the three studies were released, most reporters focused on the finding that African-Americans born to middle-class or upper middle-class families are earning slightly less, in inflation-adjusted dollars, than did their parents.One of the studies indicates, in fact, that most of the financial gains white families have made in the past three decades can be attributed to the entry of white women into the labor force. This is much less true for African-Americans.The picture that emerges from all the quintiles, correlations and percentages is of a nation in which, overall, "the current generation of adults is better off than the previous one", as one of the studies notes.The median income of the families in the sample group was $55,600 in the late 1960s; their children’s median family income was measured at $71,900. However, this rising tide has not lifted all boats equally. The rich have seen far greater income gains than have the poor.Even more troubling is that our notion of America as the land of opportunity gets little support from the data. Americans move fairly easily up and down the middle rungs of the ladder, but there is "stickiness at the ends" - four out of ten children who are born poor will remain poor, and four out often who are born rich will stay rich.

It can be inferred from the undertone of the writer that America, as a classless society, should _______.

A．perfect its self-image as a land of opportunity

B．have a higher level of upward mobility than Britain

C．enable African-Americans to have exclusive access to well-paid employment

D．encourage the current generation to work as hard as the previous generation
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    Marriages improve after children grow up and move out,according to an academic study,which suggests

an "empty nest" is not always a bad thing.

    Popular wisdom has it that parents' relationships may suffer once their young fly the coop,because they

feel they have lost their purpose in life.However,a new study by researchers at the University of California,

Berkeley,has found that many couples actually feel happier when their children leave home because they

are able to enjoy spending time together.

    In total,123 American mothers born in the 1930s were tracked for 18 years and asked to rate their

satisfaction levels shortly after marrying,when they were bringing up babies,once their children reached

their teenage years and finally at age 61,when almost all had "empty nests"．

    Although not all said they were happier in general,most claimed their marriages had improved since their

children had left home.Researchers believe this is not just because the spouses were spending more time

together,but because they were able to enjoy each other's company more.

    One of the participants in the study,which is published in the journal Psychological Science,said:"Once

the kids grow up...there's some of that stress removed...that responsibility removed,so things are a little

more relaxed."

    Psychologist Sara Gorchoff,who carried out the investigation,said:"The takehome message for couples

with young children is 'hang in there'．" Her coauthor Oliver John added:"Don't wait until your kids leave

home to schedule quality time with your partner."

   However,Dr Dorothy Rowe,from the British Psychological Society,said the effects of living in an "empty

nest" will depend on the parents' relationship with their children."If you're just waiting for them to leave

home so you can get on with your life,then of course you'll be pleased to see them go," she said,"But if

you've built your life around your children you'll be terribly lonely.For some parents,their world falls apart

when their children leave."

1．It is commonly believed that________.

A．marriages improve after children leave home

B．an "empty nest" is always a happy thing

C．parents' relationships may suffer once their young grow up and move out

D．parents will be pleased after their children leave home

2．When did many couples feel happier according to the study?

A．At age 61,when almost all had "empty nests"．

B．Shortly after marrying.

C．Once their children reached their teenage years.

D．When they were bringing up babies.

3．Marriages improve after children fly the coop not because______.

A．many couples are able to spend time together

B．many couples are able to enjoy each other's company

C．things are a little more relaxed

D．many couples needn't work at all

4．The author of the passage tends to agree that________.

A．parents should build their life around their kids

B．parents should schedule quality time with each other before kids leave home

C．parents' relationship with their kids has no effect on marriages at all

D．parents should be pleased to see their kids leave home
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