问题 单项选择题

住所在某市A区的张某将自己所有的一套位于B区的房屋租给李某使用。李某的住所地在C区。李某在租赁期间,未与张某商量擅自将房屋结构改变,拆掉屋内的一面墙,并重新铺设了下水管道。一年后,李某将房屋交回,张某发现了李某私自改造房屋的情况,认为其构成侵权,遂向人民法院提起诉讼。关于本案的管辖以下说法正确的是:

A.只能由B区人民法院管辖

B.可以由C区或B区人民法院管辖

C.可以由A区、B区或C区人民法院管辖

D.若李某在诉讼期间下落不明,则本案只能由原告张某住所地AK人民法院管辖

答案

参考答案:A

解析:本题考查专属管辖。 本案看似侵权纠纷,依《民事诉讼法》第29条的规定,因侵权行为提起的诉讼,由侵权行为地或者被告住所地人民法院管辖。由此本题似乎应选B。然而本案的标的涉及不动产,因此应适用《民事诉讼法》第34条第1项关于专属管辖的规定:“因不动产纠纷提起的诉讼,由不动产所在地人民法院管辖。”因此本案应由不动产所在地法院即B区法院专属管辖。至于 D项,即使本案不是专属管辖的案件,也不能由原告所在地法院管辖。因为依照民事诉讼法的规定,对于下落不明的人提起的有关身份关系的诉讼才属于由原告所在地法院管辖的范围。

阅读理解

阅读理解。

     It's hard to imagine life without the Internet. How greatly it has changed our lives in the past 15 years

since it was widely used. At the same time, however, the Internet has also caused some traditions to fall

away (消失).  

     E-mail is quicker and cheaper. Getting a handwritten letter from a friend has become a rare (稀有的)

pleasure.

     Who would like to pay 60 yuan for 12 songs in a plastic case if you can find music in the Interact for

free? 

     When almost any fact can be found within seconds through Google and Baidu, personal memory becomes

less important. The Web can remember it for us.

     When was the last time you watched the world out of a window? When was the last time you read a

favorite book once again? When was the last time you sat in the cinema with your family? More and more

people lose themselves in the Internet. They show less interest and spend less time in the outside world.

     You've spent the past few years talking with your freinds on QQ, or reading about his or her QQ suqare,

so meeting a freind is no longer as important as it once was.

     Have you ever found yourself doing homework with one eye on a QQ Space window? A growing number

of people say the Internet is stopping young people from fixing their attention on anything for a long time.

     When you surf the Internet, it feels like something you're enjoying and nobody knows it. But when you

realize just how many people are watching your every move, it might just make you mad. Many people have

realized their personal information can be found easily in the Internet even they don't want to.

1. According to the passage, the Internet has been widely used since _______ ago.

A. 12 years

B. 14 years

C. 15 years

D. 60 years

2. We can learn from Paragraph 5 that people spend more time _______ these days.

A. surfing the Internet

B. going to the cinema

C. reading favorite books

D. watching the outside world

3. Which of the following is TRUE according to the passage?

A. Personal memory becomes more important.

B. People get fewer handwritten letters from their friends now.

C. You have to pay if you want to find some music in the Internet.

D. Internet can help young people fix their attention on anything.

4. From the passage we can learn that the writer _______ when some traditions are falling away.

A. doesn't care

B. seems happy

C. feels interested

D. is worried

单项选择题