问题 单项选择题

中国男子胡明1990年与英国女子维多利亚在英国伦敦结婚,婚后两人一直居住在英国。1999年胡明向英国某法院提起离婚诉讼,2000年英国法院判决解除胡明与维多利亚之间的婚姻关系。2003年胡明回中国工作,同年结识了中国女子江珊,2006年二人准备再婚,胡明遂向我国有关法院申请承认英国法院的离婚判决。假设我国与英国之间没有订立司法协助协议,根据我国有关法律的规定,下列哪些选项可以成为法院拒绝承认英国法院离婚判决的理由?( )

A.胡明与维多利亚未在中国境内结婚

B.作出判决的英国法院对胡明和维多利亚的离婚案件没有管辖权

C.该离婚判决是在维多利亚缺席但其得到合法传唤的情况下做出的

D.英国法院未适用中国关于涉外离婚法律适用的规定

答案

参考答案:B

解析:[考点] 对外国法院判决的承认 [讲解] 根据1991年8月13日发布的最高人民法院《关于中国公民申请承认外国法院离婚判决程序问题的规定》,外国法院的离婚判决具有下列情形之一的,不予承认:(1)判决尚未发生法律效力;(2)作出判决的外国法院对案件没有管辖权;(3)判决是在被告缺席且未得到合法传唤情况下作出的;(4)该当事人之间的离婚案件,我国法院正在审理或已经作出判决,或者第三国法院对该当事人之间作出的离婚案件判决已为我国法院所承认;(5)判决违反我国法律的基本原则或者危害我国国家主权、安全和社会公共利益。依此规定,本题选项B正确,A、C、D错误。

单项选择题
单项选择题

It is clear that some chemicals can damage the health of animals and humans. (1) , this is not the only problem that (2) be caused by the careless use of chemicals. Chemicals can also (3) the ecological balance of the environment. If the ecological balance is disturbed, the results can be (4) serious.

The (5) of DDT illustrates the problem. DDT, a chemical which kills insects, at first seemed to be a perfect answer (6) many problems. It would control insects that caused dangerous diseases, (7) insects that caused billions of dollars of damage to crops every year. Governments permitted and even (8) the use of DDT. Farmers in many countries (9) to spray it on their crops. The (10) results were good: Damage to crops (11) down, and profits went up. However, the chemical had effects which the scientists didn’t see in (12) . First, it also killed insects which were the (13) enemies of the harmful insects and which were therefore beneficial to farmers. Second, and perhaps worse, DDT did not kill (14) harmful insect. A few insects had natural resistance to the chemical. They (15) and reproduced in large numbers. In a few years there were large numbers of insects which were not (16) by DDT, and there were (17) insects which could act as natural (18) on these new "super-insects". Finally, it became clear that DDT was not solving the insect problem. In fact, it was making the problem worse. It (19) became necessary to find a second (20) for the effects of the first.

19()

A.later 

B.then 

C.now 

D.so