问题 单项选择题

某市A区甲公司和B区乙公司在C区订立购销合同,合同约定甲公司向乙公司出售100吨钢材,运输方式为代办托运。甲公司依照合同履约后,乙公司一直拖欠甲公司200万元的货款,甲公司与乙公司多次交涉还款事宜未果。甲公司得知乙公司无力还款,只有一座两层小楼租给了丙公司。丙公司经营不善,已拖欠乙公司2年房租共计50万元。为此,甲公司诉至人民法院,并特别说明如乙公司无力还款,可将出租给丙公司的两层小楼收回,交给甲公司以抵销乙公司拖欠的货款。在答辩期间乙公司迁往D区。一审判决支持甲公司的诉讼请求,乙公司不服,上诉到二审法院。请分析案例,并回答下列问题:

本案诉讼过程中丙公司的诉讼地位是( )。

A.共同被告

B.有独立请求权的第三人

C.无独立请求权的第三人

D.有本案利害关系的案外人

答案

参考答案:C

解析:本题所考查的考点是第三人的诉讼地位。根据《民事诉讼法》第56条规定:对当事人双方的诉讼标的,第三人认为有独立请求权的,有权提起诉讼。对当事人双方的诉讼标的,第三人虽然没有独立请求权,但案件处理结果同他有法律上的利害关系的,可以申请参加诉讼,或者由人民法院通知他参加诉讼。人民法院判决承担民事责任的第三人,有当事人的诉讼权利义务。丙公司对甲公司和乙公司之间的债务纠纷没有独立的请求权,但案件的处理结果对其有法律上的利害关系,若原告胜诉,则其租赁的房屋会被收回,所以其可以参加到诉讼中来,反对甲公司的诉讼请求。正确答案是C.

选择题
阅读理解

Everyone makes mistakes in life, but for whales and dolphins, the “mistake” of landing on the shore costs the highest price---their lives.

People living along the coast of Australia and New Zealand have been shocked and saddened by the number of whales and dolphins that they have found on their beaches recently. Since November 28th, 96 whales and dolphins have died in Australia and 53 whales died in New Zealand. Although 20 whales were saved, some of these were not expected to live, as they were too weak to swim with the others back to sea.

Bob Brown, leader of Australia’s Green party, said the mass beaching was caused by the recent “sound bombing” of the ocean floor between the two countries. This is a method of testing for oil and gas reserves (储藏量).

But mass beaching of whales has long puzzled scientists. Typically most members of the stranded (搁浅) group will appear to be perfectly healthy. “Some researchers believe that close relationship within the group causes the problem, if one gets into trouble, the others will not leave” said Shery Gibney, a leading biologist in New Zealand. “Some will come in and try and assist it; if they get trapped on the beach, then more will come.”

Another common theory is that the whales’ navigation (导航) system are thought to break down in some way. It has been said that whales follow electromagnetic (电磁的) patterns in the sea-bed. The whales can get confused because these patterns sometimes change. That would be a bit like a new roundabout (环状交叉路) being built on a road you were used to driving on. You might be confused for a minute when you come to it for the first time, and you might even take a wrong turning before getting back on your route.

A different idea is that when whales chase fish for food they end up in shallow waters because they are not paying attention to where they are going.

And yet, from time to time a group will swim on purpose into shallow waters and end up on the beach, where they die. If returned to the sea, some whales often show great determination in restraining themselves.

小题1:________ whales and dolphins would probably die in this mass beaching along the coast of Australia and New Zealand.

A.Less than 100

B.Less than 150

C.More than 150

D.149小题2:Which of the following can be used to explain the term “sound bombing”?

A.The terrible sound that is caused in the war between two countries.

B.Human activities that aim to explore the ocean floor.

C.The loud sound that whales and dolphins make.

D.The earthquakes that happen on the ocean floor.小题3:Which of the following couldn’t probably lead to the mass beaching of whales?

A.A change in the electromagnetic patterns that whales follow.

B.New roundabout being built on a road.

C.Their full attention to the search for food.

D.Exploiting natural resources in oceans.小题4:The passage is mainly about _______.

A.that whales and dolphins may make mistakes as well as human beings

B.how scientists have found the reasons for the mass beaching of whales

C.how human beings make use of the ocean resources

D.why the mass beaching of whales happens