问题 单项选择题

某地一工厂因排泄有毒废水,导致周围70余户的水稻因污染死掉,收成无望。众农户推选村民石某为诉讼代表人提起损害赔偿诉讼。石某的下列哪项诉讼行为无须经众农产同意 ( )

A.申请审判长回避

B.变更诉讼请求

C.进行和解

D.承认对方的诉讼请求

答案

参考答案:A

解析:[考点] 代理人诉讼
《民事诉讼法》第55条规定:诉讼标的是同一种类、当事人一方人数众多,在起诉时人数尚未确定的,人民法院可以发出公告,说明案件情况和诉讼请求,通知权利人在一定期间向人民法院登记。  向人民法院登记的权利人可以推选代理人进行诉讼;推选不出代理人的,人民法院可以与参加登记的权利人商定代理人。
  代表人的诉讼行为对其所代表的当事人发生效力,但代表人变更、放弃诉讼请求或者承认对方当事人的诉讼请求,进行和解,必须经被代表的当事人同意。
  人民法院作出的判决、裁定,对参加登记的全体权利人发生效力。未参加登记的权利人在诉讼时效期间提起诉讼的,适用该判决、裁定。
  根据以上规定,代表人变更、放弃诉讼请求或者承认对方的诉讼请求的或者进行和解,必须经被代理人的当事人的同意,所以选项BCD中的诉讼行为都应当经众农户同意,只有A项无此要求,故为正确答案。

完形填空

Chris is not a traditional explorer(探险者)- he usually works in an office for a large organization. Yet his job can sometimes be just as exciting and dangerous as being an explorer.

Chris works for MSF, an organization also known as Doctors Without Borders (无国界医生). MSF sends trained doctors all over the world to help people after a war or a disaster. Chris is a doctor from France who has travelled to many places to organize programmes that help people.

At the moment, there are over 27,000 trained medical staff taking part in MSF projects and tasks. The organization received the Nobel Peace Prize in 1999. All kinds of doctors can volunteer for MSF. They need to be prepared to go almost anywhere in the world and, of course, they should expect difficult conditions. Doctors with experience in tropical(热带的)diseases are especially useful because most of MSF’s work is in Africa. When MSF accepts a doctor for a task, he has to go for at least six months. When doctors have completed a few tasks, they might be sent on an emergency task following a disaster, such as an earthquake.

But why would a doctor leave a comfortable life and a good salary to join MSF? According to Chris, the experience you gain is a great help in your career. Besides, just like the explorers of the past, you need to keep an open mind and learn to mix well with the people you meet. Most importantly, at the end of each task, you have made a real difference to people’s lives.

小题1:Does Chris work for a large organization?

小题2:When does MSF send trained doctors all over the world to help people?

小题3:How many medical staff are taking part in MSF projects and tasks?

小题4:What kind of doctors are greatly needed in Africa?

小题5:According to Chris, why is his work important to other people?

小题6:Why is an MSF doctor’s job exciting and dangerous?

单项选择题