问题 单项选择题

南非公民卡莱马向中国某法院申请,请求承认和执行其所在国法院的判决。我国法院查明,两国没有共同缔结或者参加的国际条约,也没有互惠关系。此时,人民法院:

A.可以承认和执行,如果该法院的判决没有违反我国法律的基本原则和国家主权、安全和社会公共利益
B.应将卡莱马的申请退还给卡莱马
C.应将卡莱马的申请提交我国外交部审查决定是否予以承认和执行
D.应裁定对判决不予承认和执行

答案

参考答案:B

解析:[考点] 外国申请承认执行
根据《民事诉讼法》第265条的规定:“外国法院作出的发生法律效力的判决、裁定,需要中华人民共和国人民法院承认和执行的,可以由当事人直接向中华人民共和国有管辖权的中级人民法院申请承认和执行,也可以由外国法院依照该国与中华人民共和国缔结或者参加的国际条约的规定,或者按照互惠原则,请求人民法院承认和执行。”又依《民诉意见》第318条规定:“当事人向中华人民共和国有管辖权的中级人民法院申请承认和执行外国法院作出的发生法律效力的判决、裁定的,如果该法院所在国与中华人民共和国没有缔结或者共同参加国际条约,也没有互惠关系的,当事人可以向人民法院起诉,由有管辖权的人民法院作出判决,予以执行。”《民诉意见》第319条规定:“与我国没有司法协助协议又无互惠关系的国家的法院,未通过外交途径,直接请求我国法院司法协助的,我国法院应予退回,并说明理由。”本案中,南非与我国既无共同缔结的国际条约,也没有司法协助协议和互惠关系,所以,我国法院对于卡莱马的请求应该予以退回并说明理由。故本题应选B项。

问答题
单项选择题

In October 1961 at Crowley Field in Cincinnati Ohio, an old deaf gentleman named William E. Hoy stood up to throw the first ball of the World Series. Most people at Crowley Field on that day probably did not remember Hoy because he had retired from professional baseball 58 years earlier in 1903. However he had been an outstanding player and the deaf people still talk about him and his years in baseball.

William E. Hoy was born in Houckstown Ohio on May 23, 1862. He became deaf when he was two years old. He attended the Columbus Ohio School for the deaf. After graduation he started playing baseball while working as a shoemaker.

Hoy began playing professional baseball in 1886 for Oshkosh (Wisconsin) of the Northwestern League. In 1888 he started as an outfielder with the old Washington Senators. His small figure and speed made him an outstanding base runner. He was very good at stealing bases during his career. In the 1888 major league season he stole 82 bases. He was also the Senators’ leading hitter in 1888. Hoy was clever and he threw right-handed and batted left-handed. On June 19, 1889 he threw out three batters at the plate from his outfield position.

The arm signals used by judges today to show balls and strikes began because of Hoy. The judge lifted his right arm to show that the pitch was a strike and his left arm to signal that it was a ball.

For many years people talked about Hoy’s last ball game in 1903. He was playing for Los Angeles of the Pacific Coast Winter League. It was a memorable game because Hoy hit a wonderful ball which won the game. It was a very foggy day and therefore very hard to see the ball. In the ninth inning with two men out, Hoy managed to catch a fly ball to make the third out in spite of the fog. Los Angeles defeated their opposition and won the game.

After he retired, Hoy stayed busy. He ran a dairy farm near Cincinnati for 20 years. He also became a public speaker and traveled giving speeches. Until a few years before his death he took 4~10 mile walks several mornings a week. On December 15, 1961 William Hoy died at the age of 99.

We can infer from the last paragraph that Hoy()in his late years.

A. became famous

B. led a relaxed life

C. traveled around the world

D. was in good physical condition