问题 多项选择题

对下列哪些案件,二审人民法院可以采取书面审理方式运行作出判决?

A.被告在一审中提出了管辖权异议,一审法院驳回了被告的异议,被告不服提起上诉

B.二审法院对原告上诉请求审查后认为原告的请求明显个成立

C.被告在上诉时提交了其刚刚找到的合同原件

D.在一审中应当回避的人员没有回避

答案

参考答案:A,B,D

解析:《最高人民法院关于适用〈中华人民共和国民事诉讼法〉若干问题的意见》第188条规定:“第二审人民法院对下列上诉案件,可以依照民事诉讼法第152条的规定迳行判决、裁定:(1)一审就不予受理、驳回起诉和管辖权异议作出裁定的案件;(2)当事人提出的上诉请求明显不能成立的案件;(3)原审裁判认定事实清楚,但适用法律错误的案件;(4)原判决违反法定程序,可能影响案件正确判决,需要发回重审的案件。”

阅读理解
阅读理解。
    The word "day" has two meanings. When we talk about the number of days in a year, we are using
"day" to mean 24 hours. But when we talk about day and night, we are using "day" to mean the time
between sunrise and sunset. Since the earth looks like a ball, the sun can shine on only half of it at a time.
Always one half of the earth is having day and the other half night. A place is moved from day into night
and from night into day over and over by the spinning (旋转)of the earth. At the equator (赤道) day and
night are sometimes the same length. They are each twelve hours long. The sun rises at 6 o'clock in the
morning and sets at 6 o'clock in the evening. For six months the North Pole is tilted (倾斜) toward the sun.
In those months the Northern Hemisphere (半球) gets more hours of sunlight than the Southern
Hemisphere. Days are longer than nights. South of the equator nights are longer than days. For the other
six months the North Pole is tilted away from the sun. Then the Southern Hemisphere gets more sunlight.
Days are longer than nights. North of the equator nights are longer than days. Winter is the season of long
nights. Summer is the season of long days.
1. A place is moved from day into night and from night into day over and over by _____ of the earth.
[ ]
A. the pushing
B. the pulling
C. the spinning
D. the passing
2. At the equator day is as long as night _____.
[ ]
A. sometimes
B. never
C. usually
D. always
3. When the North Pole is tilted toward the sun, the Northern Hemisphere gets _____ sunlight.
[ ]
A. less
B. more
C. all
D. no
选择题