问题 单项选择题

中海公司起诉中阳公司和中古公司不履行合同一案,经过人民法院二审审理终结,判决生效后中海公司申请强制执行。此时,中阳公司和中古公司合并为通兴公司,原来的中阳公司和中古公司依法被注销。此时本案的被执行人是( )

A.中阳公司

B.中古公司

C.中阳公司和中古公司

D.通兴公司

答案

参考答案:D

解析:[考点] 执行承受问题 执行承受,是指在执行程序中,由于发生法定事由,债务人的义务由与其有一定法律关系的公民、法人或者其他组织履行的制度,也叫执行承担。根据《民诉意见》第271条的规定:依照《民事诉讼法》第 213条的规定,执行中作为被执行人的法人或者其他组织分立、合并的,其权利义务由变更后的法人或者其他组织承受;被撤销的,如果依有关实体法的规定有权利义务承受人的,可以裁定该权利义务承受人为被执行人。所以本案中法院应该裁定通兴公司为被执行人,本题正确答案是D。

阅读理解

阅读短文,选择正确答案。

     From the world's heaviest apple, the oldest lady to the world's smallest dog, these are all part of a group of

the world's strangest people and things. And they are all in the Guinness Book of Records(《吉尼斯记录》).

     The book is going to celebrate its birthday this August. It began exactly half a century ago. And it's always

one of the best selling books in the world.

     People now can break over 100 records every week! Why do so many people want to break the records? Do

they want their names in the book or meet more people around the world? "It gives people a chance to show

they're the best in the world." said one of the record keepers Stewart Newport.

     The book was started by Hugh Beaver from Britain. In 1951, he went shooting birds and talked with his

friends about the fastest bird in Europe. Three years later, they were still talking about it. So Beaver believed that

people must have different ideas. So, he decided to start a book to record the world'd truly greatest people and

things in it!

     The newest book came out last Tuesday. This book has a lot of interesting records. Here are two:

     ☆ A British dog, Whitney, is the world's smallest dog. It's only 76mm tall.

     ☆ An American woman Lee Redmond has the longest fingernails (指甲). They grew as long as 600 mm!

She made the record in 1971.

1. We can see everything in the Guinness Book of Records except ________. [ ]

A. the heaviest fruits and vegetables

B. the smallest people and animals

C. the strangest people and things

D. very ordinary people and things

2. The Guinness Book of Records has been one of the best selling books for ________. [ ]

A. 50 years

B. 76 years

C. 600 years

D. 1000 years

3. Newport thought many people tried to break Gunness records because ________. [ ]

A. their names be kept in the world records.

B. their names could be seen by the whole world.

C. they could meet more people all over the world.

D. They could be known as the greatest by the world.

4. Which of the following is right according to the passage? [ ]

A. Newport started the Guinness Book of Records in Britain.

B. More than four thousand records are broken each month.

C. The Guinness Book of Records started in the year 1954.

D. The newest book of Guinness comes out every Tuesday.

5. The writer of this passage wants to ________. [ ]

A. tell us the strangest records in the world

B. show us the beginning of the Guinness Book of Records

C. give us an introduction to the Guinness Book of Records

D. let us know the most interesting things in the world

单项选择题