问题 单项选择题

A公司是甲国的公司,B公司是中国广州的一家公司,主要生产烟花爆竹。B公司在2008年向A公司出口了一批烟花爆竹。后来,甲国公民C在使用B公司生产的烟花时,由于烟花突然改变方向,致使C左眼被炸伤。C在甲国法院以B公司为被告提出侵权之诉,要求B公司赔偿其损失若干元。甲国法院受理了该案件,最后判决B公司败诉,向C赔偿损失若干元。因为B公司在甲国既没有代理机构,也没有可供扣押的财产,所以C向广州市中级人民法院申请承认和执行该项判决,但由于甲国和中国没有缔结或者共同参加国际条约,也没有互惠关系的存在。那么,法院应该如何处理?______

A.对甲国法院作出的判决作程序上的审查,决定是否予以执行
B.驳回当事人的申请,通知当事人通过外交途径解决
C.驳回当事人的申请,通知当事人可向中国对该案件有管辖权的法院起诉,由该法院作出判决,予以执行
D.不驳回当事人的申请,但重新受理案件,作出判决,并予以执行

答案

参考答案:C

解析:根据《民事诉讼法》第276条至279条的规定,关于司法协助的根据和范围,我国法院和外国法院可以在我国缔结或参加的国际条约或者互惠的基础上相互请求进行司法协助,包括送达文书、调查取证、承认和执行外国法院判决和外国仲裁裁决以及进行其他诉讼行为。由于甲国和中国既没有缔结或共同参加国际条约,也没有互惠关系的存在。故甲国法院的判决无法在中国得到承认和执行,应予驳回,解决的唯一方法是该当事人向‘中国该案件有管辖权的法院起诉,由该法院作出判决,予以执行。

选择题
阅读理解

As you grow rapidly through your teenage years, you will experience a lot lf changes.The changes may seem difficult and they may seem to happen quickly. Don’t panic! You will deal successfully with them! You are a young adult now!

With more responsibility, you will find more freedom to make your own choices. This is a time to be well informed about own choices. This is a time to be well informed about your choices so that you can make healthy balanced decisions that will help shape your future. You may already know your career path or you may have no idea at all what you want to do. Both situations are fine! Work hard and the right opportunity will present itself to you.

Young adulthood means greater freedom and more choices. You will probably want to be independent. But try not to shut your family out of your life. You should learn to think of others even though you are old enough to look after yourself. Your family have been with you since you came into this world.

It is also perfectly natural in this time for you to spend more time with your friends than your family. Choose your friends wisely. A true friend will stand by you no matter what happens.

This period is a part of the life cycle. There are some people who will be with you throughout life’s journey and there will be some people with whom you part and go separate ways. Leaving school can be hard. The reality is that you may not ever see all of your classmates again.

You are a young adult. It is your life. No one can live it for you. The choices that you make from now on will be your choices. So making the right choices will be important to you. Life is for living. Enjoy your life wisely!

小题1:The best title for this passage would be       

A.The Choices in Life

B.The Key to Success

C.Say Goodbye to the Past

D.Becoming a Young Adult小题2:Who do the underlined words “ some people”(Paragraph 5)probably refer to?

A.your parents

B.your classmates

C.true friends

D.your relatives小题3:The author thinks teenage years are      

A.a period of complete freedom

B.too hard for young people to get through

C.an important time for the young to make the right choices

D.a very important period for young students to leave their parents小题4:Who is the passage mainly written for?

A.Teenagers.

B.Teachers.

C.Young parents.

D.Adults.