问题 单项选择题

在某合同纠纷诉讼中,被告的利害关系人提出该被告患有精神病,要求宣告被告无民事行为能力,法院在依特别程序立案审理之前下列处理方式正确的是:

A.中止原诉讼
B.终结原诉讼
C.暂缓原诉讼
D.延期审理诉讼案件

答案

参考答案:A

解析:[考点] 中止诉讼
《民事诉讼法》第136条规定:“有下列情形之一的,中止诉讼:
(一)一方当事人死亡,需要等待继承人表明是否参加诉讼的;
(二)一方当事人丧失诉讼行为能力,尚未确定法定代理人的;
(三)作为一方当事人的法人或者其他组织终止,尚未确定权利义务承受人的;
(四)一方当事人因不可抗拒的事由,不能参加诉讼的;
(五)本案必须以另一案的审理结果为依据,而另一案尚未审结的;
(六)其他应当中止诉讼的情形。
中止诉讼的原因消除后,恢复诉讼。”
题中情形属于第136条第(4)项的情形,依法应当中止诉讼,而不属于终结诉讼的情形。
第137条规定:“有下列情形之一的,终结诉讼:
(一)原告死亡,没有继承人,或者继承人放弃诉讼权利的;
(二)被告死亡,没有遗产,也没有应当承担义务的人的;
(三)离婚案件一方当事人死亡的;
(四)追索赡养费、扶养费、抚育费以及解除收养关系案件的一方当事人死亡的。”

单项选择题

There are two types of people in the world. Although they have equal degree of health and wealth and other comforts of life, one becomes happy and the other becomes unhappy. This arises from the different ways in which they consider things, persons, events and the resulting effects upon their minds.

People who are to be happy fix their attention on the convenience of things; the pleasant parts of conversation, the well prepared dishes, the goodness of the wine and the fine weather. They enjoy all the cheerful things. Those who are to be unhappy think and speak only of the opposite things. Therefore, they are continually dissatisfied. By their remarks, they sour the pleasure of society, offend(hurt) many people, and make themselves disagreeable everywhere. If this turn of mind was founded in nature, such unhappy persons would be the more to be pitied. The intention of criticizing and being disliked is perhaps taken up by imitation. It grows into a habit, unknown to its possessors. The habit may be p, but it may be cured when those who have it realize its bad effects on their interests and tastes. I hope this little warning may he of service to them, and help them change this habit.

Although in fact it is chiefly an act of the imagination, it has serious results in life since it brings on deep sorrow and bad luck. Those people offend many others; nobody loves them, and no one treats them with more than the most common politeness and respect. This frequently puts them in bad temper and draws them into arguments. If they aim at getting some advantages in social position or fortune, nobody wishes them success. Nor will anyone start a step or speak a word to favor their hopes. If they bring on themselves public objections, no one will defend or excuse them, and many will join to criticize their wrongdoings. These should change this bad habit and be pleased with what is pleasing, without worrying needlessly about themselves and others. If they do not, it will be good for others to avoid any contact with them. Otherwise, it can be disagreeable and sometimes very inconvenient, especially when one becomes mixed up in their quarrels.

People who are unhappy ().

A. always consider things differently from others

B. usually are affected by the results of certain things

C. usually misunderstand what others think or say

D. always discover the unpleasant side of certain things

填空题