问题 不定项选择

(2009年)诉讼过程中,Y省适逢十年不遇的冰雪天气,王某急需生煤炉取暖,但已无钱买煤。王某听说王乙准备把自己存折上3,000多元钱转到一个朋友的账户上。对此,王某可以向法院申请采取的措施是?( )

A.对妨害民事诉讼的强制措施

B.诉讼保全措施

C.证据保全措施

D.先予执行措施

答案

参考答案:B,D

解析:对妨害民事诉讼的强制措施,是指在民事诉讼中,对有妨害民事诉讼秩序行为的行为人采取的排除其妨害民事诉讼行为的一种强制措施。本案中王乙转移财产的行为不构成对民事诉讼秩序的妨害,王某不能向法院申请妨害民事诉讼的强制措施。因此,A项错误。  《民事诉讼法》第92条第1款规定,人民法院对于可能因当事人一方的行为或者其他原因,使判决不能执行或者难以执行的案件,可以根据对方当事人的申请,作出财产保全的裁定;当事人没有提出申请的,人民法院在必要时也可以裁定采取财产保全措施。本案中,王乙转移财产的行为可能导致法院对王某追索赡养费的判决将来难以执行。此种情况下,王某可以申请法院进行财产保全。因此,B项正确。  证据保全是指在证据可能灭失或以后难以取得的情况下,法院根据申请人的申请或依职权,对证据加以固定和保护的制度。本案中王乙不存在转移证据和毁灭证据的行为,王某不能申请证据保全。因此,C项错误。  《民事诉讼法》第97条第(一)项规定,追索赡养费、扶养费、抚育费、抚恤金、医疗费用的案件,人民法院当事人的申请,可以裁定先予执行。因此,D项正确。

完形填空

Directions: Read the passage carefully. Then answer the questions or complete the statements in the fewest possible words.

Bullying (欺负) can take a variety of forms, from the verbal being taunted or called hurtful names to the physical being kicked or shoved, as well as indirect forms, such as being excluded (排除)from social groups. A survey I conducted with Irene Whitney found that in British primary schools up to a quarter of pupils reported experience of bullying, in which about one in ten cases was persistent(执意的). There was less bullying in secondary schools, with about one in twenty-five suffering persistent bullying, but these cases may be particularly recalcitrant.

Bullying is clearly unpleasant, and can make the child experiencing it feel unworthy and depressed. In extreme cases it can even lead to suicide, though this is thankfully rare. Victimized pupils are more likely to experience difficulties with interpersonal relationships as adults, while children who persistently bully are more likely to grow up to be physically violent, and convicted of anti-social offences.

Until recently, little help was available to teachers to deal with bullying. Perhaps as a consequence, schools would often deny the problem. “There is no bullying at this school” has been a common refrain, almost certainly untrue. Fortunately more schools are now saying: “There is not much bullying here, but when it occurs we have a clear policy for dealing with it.”

(Note: Answer the questions or complete the statements in NO MORE THAN ELEVEN WORDS)

小题1:According to the first paragraph, the fact that _________________ belongs to an indirect form of bullying.

小题2:The survey the author conducted indicates that as students grow older, ______________.

小题3:Bullying is likely to cause ________________ feelings among victimized children.

小题4:One possible reason why schools denied the problem of bullying was ______________.

多项选择题