问题 单项选择题

施工单位与物资供应单位因采购的防水材料质量问题发生争议,双方多次协商,但没有达成和解,则关于此争议的处理,下列说法中,正确的是( )。

A.双方依仲裁协议申请仲裁后,仍可以和解

B.如果双方在申请仲裁后达成了和解协议。该和解协议即具有法律强制执行力

C.如果双方通过诉讼方式解决争议,不能再和解

D.如果在人民法院执行中,双方当事人达成和解协议,则原判决书终止执行

答案

参考答案:A

解析:[考点] 1Z303000建设工程纠纷的处理——1Z303010民事纠纷处理的方式——1Z303013熟悉和解与调解——和解[思路] 和解的应用非常广泛,发生争议后,当事人可自行和解;即使在申请仲裁和诉讼后,仍然可以和解。故A选项正确,C选项错误。 当事人申请仲裁后,自行和解,达成和解协议的,可以请求仲裁庭根据和解协议作撤裁定书,也可以撤回仲裁申请。当事人达成和解协议,撤回仲裁申请后反悔的,可以根据仲裁协议申请仲裁。仲裁中的调解书具有法律效力,和解协议不具有法律强制力。B项错误。和解可以发生在民事诉讼的任何阶段。 当事人在诉讼中和解的,应由原告申请撤诉,经法院裁定撤诉后结束诉讼,当事人经过和解处理纠纷,但审判阶段的和解没有法律效力。当事人和解后,可以请求法院调解,制作调解书,产生法律效力。 在执行中,双方当事人在自愿协商的基础上,达成的和解协议,产生结束执行程序的效力。如果一方当事人不履行和解协议或者反悔的,对方当事人可以申请人民法院按照原生效法律文书强制执行。D选项错误。[拓展] 仲裁中的和解和调解。 (1)仲裁中的和解 根据《仲裁法》的规定,当事人申请仲裁后,可以自行和解,达成和解协议的,可以请求仲裁庭根据和解协议做出裁决书,也可以撤回仲裁申请。 当事人达成和解协议,撤回仲裁申请后反悔的,可以根据仲裁协议申请仲裁。 (2)仲裁中的调解 根据《仲裁法》的有关规定,仲裁庭在作出裁决前,可以先行调解。当事人自愿调解的,仲裁庭应当调解。调解不成立的,应当及时做出裁决。 调解达成协议的,仲裁庭应当制作调解书或者根据协议的结果制作裁决书。调解书与裁决书具有同等法律效力。调解书经双方当事人签收后,即发生法律效力,在调解书签收前当事人反悔的,仲裁庭应当及时做出裁决。

阅读理解

Bedfordshire had its fair share of royal visits from the early stages of the 10th Century onwards and the importance that the county placed on this is evident in the monuments, country houses, churches and any number of other structures that are still present there to this day. Bedford Castle is one of those structures and, although it is nowhere near its former glory today, it is an essential attraction to visit if you really want to grasp what its heritage means to the county!

Bedford Castle was built initially as a fortress to help protect Bedfordshire on the south of the River Ouse after the people in the local towns and villages had already been subdued. It was erected in 919 on the orders of King Edward the Elder, although it was destroyed by a Danish invasion years later. This was when it was rebuilt as the castle, of which the ruins exist today!

There is a long history behind the castle that involves several kings as a result of the Duke of Bedford being an ardent royalist. Bedford Castle repeatedly offered the kings of England refuge against various storms in the form of onslaughts from abroad and various domestic threats against them, and this is where much of its fame lies, even though the castle itself is no longer there. There are various tours of the ruins that you can take when you visit though and all of the guides are extremely knowledgeable. They will happily tell you tales of the mound and the castle that preceded it.

The mound is open to the public all year round and is a proud part of the area’s heritage. It is recommended by the majority of people that visit Bedfordshire because it tells you much about why the county is currently how it is. You can view the river from the mound and the surrounding settlements as well as the remains of the castle, and every moment spent there is worth it so enjoy the history and the very nature of the county itself!

小题1:What do we know from the first paragraph?

A.The royals pay regular visits to Bedfordshire.

B.Bedfordshire had it fair share of royal visit.

C.Most of the ancient buildings are in use today.

D.Bedford Castle represents the history of the county.小题2: The underlined word “initially” in Paragraph 2 probably means _______ .

A.first of all

B.at the beginning

C.for one particular purpose

D.for a short time小题3:The kings of England came to Bedford Castle ______.

A.to seek temporary protection

B.to visit the Duke of Bedford

C.to enjoy the beauty of nature

D.to escape from the bad weather小题4:Why are visitors recommended to visit Bedfordshire?

A.It is the major heritage in that region

B.It reflects the history of Bedfordshire

C.The ancient castle is well worth visiting

D.The castle is still in good condition小题5:The purpose of writing the text is _______.

A.to introduce Bedford Castle

B.to tell the history of Bedfordshire

C.to attract tourists to Bedfordshire

D.to show where the kings used to go

填空题