问题 问答题

(2004年)案情:位于某市甲区的天南公司与位于乙区的海北公司签订合同,约定海北公司承建天南公司位于丙区的新办公楼,合同中未约定仲裁条款。新办公楼施工过程中,天南公司与海北公司因工程增加工作量、工程进度款等问题发生争议。双方在交涉过程中通过电子邮件约定将争议提交某仲裁委员会进行仲裁。其后天南公司考虑到多种因素,向人民法院提起诉讼,请求判决解除合同。  法院在不知道双方曾约定仲裁的情况下受理了本案,海北公司进行了答辩,表示不同意解除合同。在一审法院审理过程中,原告申请法院裁定被告停止施工,法院未予准许。开庭审理过程中,原告提交了双方在履行合同过程中的会谈录音带和会议纪要,主张原合同已经变更。被告质证时表示,对方在会谈时进行录音未征得本方同意,被告事先不知道原告进行了录音,而会议纪要则无被告方人员的签字,故均不予认可。一审法院经过审理,判决驳回原告的诉讼请求。原告不服,认为一审判决错误,提出上诉,并称双方当事人之间存在仲裁协议,法院对本案无诉讼管辖权。  二审法院对本案进行了审理。在二审过程中,海北公司见一审法院判决支持了本公司的主张,又向二审法院提出反诉,请求天南公司支付拖欠的工程款。天南公司考虑到二审可能败诉,故提请调解,为了达成协议,表示认可部分工程新增加的工作量。后因调解不成,天南公司又表示对已认可增加的工作量不予认可。二审法院经过审理,判决驳回上诉,维持原判。  问题:

(2004年)原告关于管辖权的上诉理由是否成立?为什么?

答案

参考答案:不成立。当事人一方向人民法院起诉时未声明有仲裁协议,人民法院受理后,对方当事人又应诉答辩的,视为该人民法院有管辖权。

单项选择题
阅读理解

阅读理解。

     There are two basic ways to see growth: one as a product, the other as a process. People have

generally viewed personal growth as an external (外在的) result or a product that can easily be identified

and measured. The worker who gets a rise, the student whose grades improve, the foreigner who learns

a new language-all these examples of people who have measurable results to show for their efforts.

     By contrast (对照) , the process of personal growth is much more difficult to determine, since it is a

journey and not the specific signposts or landmarks along the way. The process is not the road itself, but

the attitudes, feelings people have , and their caution or courage, as they meet with new experiences and

unexpected difficulties. In this process, the journey never really ends; there are always new ways to

experience the world, new ideas to try, new challenges to accept.

     In order to grow, to travel new roads, people need to have a willingness to take risks, to face the

unknown, and to accept the possibility that they may "fail" at first. How we see ourselves as we try a

new way of being is necessary for our ability to grow.Do we see ourselves as quick and curious? If

so, we tend to take more chances and be more open to unfamiliar experiences. Do we think we're shy

and indecisive? Then our sense of fear can cause us to hesitate, to move slowly, and we think we are

slow to adapt to change or that we're not smart enough to deal with a new challenge.Then we are likely

to take a more passive role or not try at all.

     These feelings of insecurity (不安全) and self-doubt are both unavoidable and necessary if we are to

change and grow. If we protect ourselves too much, then we stop growing. We become trapped inside a

shell of our own making.

1. In the author's eye, one who views personal growth as a process would ____.

A. succeed in climbing up the social ladder  

B. grow up from his own achievements

C. face difficulties and take up challenges  

D. aim high and reach his goal each time

2. Which of the following can be viewed as the process of personal growing?  

A. Our manager was always willing to accept new challenges.

B. Jane won the first prize in the speech competition.

C. Jerry picked up French during his stay in Paris.

D. Father's salary rose from 5, 000 to 7,000.

3. For personal growth, the author is in favor of all the following EXCEPT _______.

A. being curious about more changes

B. being quick in self-adaptation

C. having an open mind to new experiences

D. staying away from failures and challenges

4. Which of the following is NOT true according to the passage?  

A. It is not so easy to measure personal growth.

B. To try and fail on the new road facing the unknown is unavoidable.

C. There are only two ways to see a person's growth.

D. If you are too shy to take any risks in life, you cannot grow up.  

5. The best title for this passage should be ______.

A. Facing New Challenges    

B. Growth-Product or Process

C. Two Basic Ways of Growth    

D. Overcoming Internal Fears