问题 多项选择题

依最高人民法院《关于内地与香港特别行政区法院互相认可和执行当事人协议管辖民商事案件判决的安排》,下列关于中国内地与香港相互执行法院判决的说法哪些是正确的?()

A.被申请人住所地、经常居住地或者财产所在地在内地不同的中级人民法院辖区的,申请人应当选择向其中一个人民法院提出认可和执行的申请,不得分别向两个或者两个以上人民法院提出申请

B.被申请人的住所地、经常居住地或者财产所在地,既在内地又在香港特别行政区的,申请人可以同时分别向两地法院提出申请

C.申请人申请认可和执行的期间为一年

D.香港特别行政区法院认为在香港特别行政区执行内地人民法院判决违反香港特别行政区公共政策的,可不予认可和执行

答案

参考答案:A, B, D

解析:

按照《关于内地与香港特别行政区法院相互认可和执行当事人协议管辖的民商事案件判决的安排》,被申请人住所地、经常居住地或者财产所在地在内地不同的中级人民法院辖区的,申请人应当选择向其中一个人民法院提出认可和执行的申请,不得分别向两个或者两个以上人民法院提出申请,A正确。

被申请人的住所地、经常居住地或者财产所在地,既在内地又在香港特别行政区的,申请人可以同时分别向两地法院提出申请,两地法院分别执行判决的总额不得超过判决确定的数额已经部分或者全部执行判决的法院应当根据对方法院的要求提供已执行判决的情况,B正确。

申请人申请认可和执行的期间为两年,C错。

内地人民法院认为在内地执行香港特别行政区法院判决违反内地社会公共利益,或者香港特别行政区法院认为在香港特别行政区执行,D正确

阅读理解

阅读理解。

     On a Friday night, a poor young artist stood at the gate of the New York railway station, playing his violin.

The music was so great that many people stopped to put some money into the hat of the young man.

     The next day, the young artist came to the same place, and put his hat on the ground gracefully. Different

from the day before, he took out a large piece of paper and laid it under his hat. Then he began to play the

violin. It sounded more pleasant than ever.

     Soon he was surrounded with people who were attracted by the words on that paper. It said, "Last night,

a gentleman named George Sang put an important thing into my hat by mistake. Please come to claim (认领)

it soon."

     After about half an hour, a middle-aged man rushed through the crowd to the violinist and said, "Yes, it's

you. I knew that you were an honest man and would certainly come here." The young violinist asked calmly,

"Are you Mr George Sang?" The man nodded. The violinist asked, "Did you lose something?""It's a lottery

ticket," said the man.

     The violinist took out a lottery ticket on which George Sang's name was seen. "Is it?" he asked. George

nodded and took the lottery ticket and kissed it, then danced with the violinist. The violinist was a student at

an arts college and had planned to attend advanced studies in Vienna. Later his classmate asked the violinist,

"At that time you needed money to pay the tuition and you had to play the violin in the railway station every

day to make money. Why didn't you keep the lottery ticket for yourself?"

     The violinist said, "Although I don't have much money, I live happily. But if I lose honesty I won't be

happy forever." Through our lives, we can gain a lot and lose so much. But being honest should always be

with us.

1. What did the young artist do at the railway station on Friday? [ ]

A. He played the violin to make some money.

B. He waited for the train to Vienna.

C. He came to buy a train ticket to Vienna.

D. He walked around the New York railway station.

2. Which sentence below best explains the underlined sentence in paragraph two? [ ]

A. Because the violinist loved to play the violin at the station.

B. Because the violinist felt happy when people surrounded him.

C. Because the artist felt happier when he did a good thing.

D. Because he felt happy to attend advanced studies.

3. According to the words on the paper, which sentence below is TRUE? [ ]

A. It asked a gentleman named George Sang to claim his hat.

B. It asked a gentleman named George Sang to claim his important thing.

C. It was a lottery ticket and he needed to find the owner.

D. It was a lottery ticket and the owner is unknown.

4. The artist didn't take the lottery ticket for himself because he ____. [ ]

A. we should share with others if we find something valuable

B. we should know the importance of honesty and lead a happy life

C. keep the lottery if you find one

D. playing the violin could make you feel happy

单项选择题 A1/A2型题