问题 单项选择题

对于人民法院作出的下列哪一种民事裁定、决定,当事人不可以申请复议

A.关于先予执行的裁定

B.关于回避问题的决定

C.关于管辖权异议的裁定

D.关于罚款的决定

答案

参考答案:C

解析:[考点] 可以申请复议的裁定、决定 《民事诉讼法》第99条规定,当事人对财产保全或者先予执行的裁定不服的,可以申请复议一次。复议期间不停止裁定的执行。因此选项A中的先予执行裁定可以申请复议。 《民事诉讼法》第48条规定,人民法院对当事人提出的回避申请,应当在申请提出的三日内,以口头或者书面形式作出决定,申请人对决定不服的,可以在接到决定时申请复议一次。复议期间,被申请回避的人员,不停止参与本案的工作。人民法院对复议申请,应当在三日内作出复议决定,并通知复议申请人。所以选项B中的关于回避问题的决定也可以申请复议。 《民事诉讼法》第38条规定,人民法院受理案件后,当事人对管辖权有异议的,应当在提交答辩状期间提出。人民法院对当事人提出的异议,应当审查。异议成立的,裁定将案件移送有管辖权的人民法院;异议不成立的,裁定驳回。根据第140条的规定,对管辖权异议的裁定不服的,可以上诉。因此对选项c中的管辖权异议裁定不服的,只能提起上诉,不能申请复议。 根据《民事诉讼法》第105条的规定,罚款、拘留应当用决定书。对决定不服的,可以向上一级人民法院申请复议一次。复议期间不停止执行。因此选项 D中的罚款决定当事人不服的可以申请复议。 所以本题的正确答案是C。

阅读理解

Tom arrived at the bus station quite early for Paris bus. The bus for Paris would not leave until five to twelve. He saw a lot of people waiting in the station. Some were standing in line(排队) , others were walking around. There was a group of schoolgirls. Their teacher was trying to keep them in line. Tom looked around but there was no place for him to sit.

He walked into the statiom café. He looked up at the clock there.It was only twenty to twelve. He found a seat and sat down before a large mirror(镜子) on the wall. Just then, Mike, one of Tom’s workmates came in and sat with Tom. “ What time is your bus? ”asked Mike. “ There’s plently of time yet,” answered Tom. “Well, I’ll get you some more tea then,” said Mike. They talked while drinking. Then Tom looked at the clock again. “Oh!It’s going backward(倒行) !”he cried. “A few minutes ago it was twenty to twelve and now it’s half past eleven.” “You’re looking at the clock in the mirror.” Said Mike. Tom was so sad. The next bus was not to leave for another hour.Since then Tom has never liked mirror.

小题1:Tom went into the station café because       .

A. Mike asked him to have a cup of tea

B. it was quite early and he could find a seat there

C. he didn’t like to stay with the schoolgirs

小题2:What time was it in fact when Tom looked at the clock in the mirror?

A. Half past twelve  B. Twenty to twelve  C. Half past eleven

小题3:From the story we know that when we look at a clock in a mirror, we will find       .

A. the time is right  B. it’s going slower  C. it’s going backward

小题4:Which of the following is true ?

A. Tom arrived in Paris on time

B. Tom looked at the clock in the mirror only once.

C. After that Tom didn’t clocks any longer.

小题5:Which of the following is the title() of the story ?

A. The Mirror of the Station.

B. Not A Careful man.

C. The Clock In The Mirror.

填空题