问题 多项选择题

生效的民事调解书与调解笔录具有以下哪些法律效力?()

A.确定当事人之间民事法律关系的效力

B.结束案件诉讼的效力

C.强制执行的效力

D.作为证据使用,当事人无需证明的效力

答案

参考答案:A, B, C, D

解析:

生效调解书与生效判决具有同等的法律效力,具体表现为:

(1)诉讼结束,当事人不得以同一事实和理由再行起诉。

(2)对调解书不得上诉。

(3)当事人在诉讼中有关法律关系的争议归于消灭,当事人之间实体上的权利义务关系依调解协议的内容予以确定。

(4)具有给付内容的调解书,具有强制执行力。

(5)作为证据使用,当事人无需证明,因其与生效判决具有同等效力。

阅读理解

The health of millions could be at risk because medicinal plants are being used up.These plants are used to make traditional medicine,including drugs to fight cancer.“The loss of medicinal plants is a quiet disaster,”says Sara Oldfield,secretary general of the NGO Botanic Gardens Conservation International.

Most people worldwide (including 80 percent of all Africans)rely on herbal medicines(草药)which are got mostly from wild plants.But some 15,000 of the 50,000 medicinal species are under threat of dying out,according to a report from the international conversation group Plantlife.Shortages have been reported in China,India,Kenya,Nepal,Tanzania and Uganda.

Overharvesting does the most harm,though pollution and competition from invasive(侵略性的)species are both responsible.“Businessmen generally harvest medicinal plants,not caring about sustain ability,”the Plantlife report says.“Damage is serious partly because they have no idea of it,but it is mainly because such collection is unorganized.” Medicinal trees at risk include the Himalayan yew and the African cherry,which are used to treat some cancers.

The solution,says the report's author,Alan Hamilton,is to encourage local people to protect these plants.Ten projects studied by Plantlife in India,Pakistan,China,Nepal,Uganda and Kenya showed this method can succeed.In Uganda the project has kept a sustainable supply of lowcost cancer treatments,and in China a public run medicinal plant project has been created for the first time.

“Improving health,earning an income and keeping cultural traditions are important in encouraging people to protect medicinal plants,”says Hamilton.“You have to pay attention to what people are interested in.” Ghillean Prance,the former director of the Royal Botanic Gardens at Kew in London,agrees that medicinal plants are in need of protection.

“Not nearly enough is being done,”he told New Scientist.“We are destroying the very plants that are of most use to us.”

小题1:What is the passage mainly about?

A.The function of medicinal plants.

B.The importance of traditional medicine.

C.More and more people rely on herbal medicines.

D.The dangerous situation of medicinal plants and ways of protecting them.小题2:Which of the following is TRUE according to the passage?

A.About 30% of medicinal species are at risk of dying out.

B.Medicinal plants are mainly used to treat cancers.

C.80% of African countries are reported to be short of medicinal plants.

D.The problem of the loss of medicinal plants appeared suddenly.小题3:What contributes most to the loss of medicinal plants?

A.A lack of knowledge of sustainability.

B.Invasion by other species.

C.Environmental pollution.

D.Improper harvesting.小题4:What is a useful method of protecting medicinal plants?

A.Improving people's health.

B.Letting people earn more.

C.Working together with the government.

D.Persuading the locals to protect them.

单项选择题