问题 单项选择题

关于回避,下列哪一说法是正确的?( )(2010年卷三单选第37题)

A.当事人申请担任审判长的审判人员回避的,应由审委会决定

B.当事人申请陪审员回避的,应由审判长决定

C.法院驳回当事人的回避申请,当事人不服而申请复议,复议期间被申请回避人不停止参与本案的审理工作

D.如当事人申请法院翻译人员回避,可由合议庭决定

答案

参考答案:C

解析:选项A错误。《民事诉讼法》第47条规定,院长担任审判长时的回避,由审判委员会决定;审判人员的回避,由院长决定;其他人员的回避,由审判长决定。据此可知,审判人员的回避由院长决定,而非由审判委员会决定。   选项B错误。《民事诉讼法》第40条第3款规定,陪审员在执行陪审职务时,与审判员有同等的权利义务。据此可知,陪审员也属于审判人员范围,对陪审员的回避决定由院长作出,而不是由审判长作出。   选项C正确。《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。   选项D错误。翻译人员属于《民诉法》47条规定中的“其他人员”,对翻译人员的回避由审判长决定,而不是由合议庭决定。

单项选择题 共用题干题
单项选择题


With the understanding of phobias has come a magic bag of treatments: exposure therapy that can stomp out a lifetime phobia in a single six-hour session; virtual-reality programs that can safely simulate the thing the phobia most fears, slowly stripping it of its power to terrorize; new medications that can snuff the brain’s phobic spark before it can catch.
In the past year, the U. S. Food and Drug Administration approved the first drug—an existing antidepressant.
Most psychologists now assign phobias to one of the three broad categories: social phobias, in which the sufferer feels paralyzing fear at the prospect of social or professional encounters; panic disorders, in which the person is periodically blindsided by overwhelming fear for no apparent reason; and specific phobias—fear of snakes and enclosed spaces and heights and the like.
If you are living with a generalized sense of danger, it can be profoundly therapeutic to find a single object on which to deposit all that unformed fear—a snake, a spider and a rat. A specific phobia becomes a sort of backfire for fear, a controlled blaze that prevents other blazes from catching.
But a condition that is so easy to pick up is becoming almost as easy to shake, usually without resort to drugs. What turns up the wattage of a phobia the most is the strategy the phobias rely on to ease their discomfort: avoidance. The harder phobics work to avoid the things they fear, the more the brain grows convinced that the threat is real.
Progress in treating social-anxiety disorder is also providing hope for the last—and most disabling—of the family of phobias: panic disorder. Panic disorder is to anxiety conditions what a tornado is to weather conditions: a devastating sneaks havoc and then simply vanishes. Unlike the specific phobic and the social phobic who know what will trigger their fear, the victim of panic attacks never know where or when one will hit. Someone who experiences an attack in, say, a supermarket will often not return there, associating the once neutral place with the traumatic event. But the perceived circle of safety can quickly shrink, until sufferers may be confined entirely to their homes. When this begins to happen, panic disorder mutates into full-blown agoraphobia. The treatment for agoraphobia is much the same as it is for social phobia: cognitive-behavioral therapy and drugs.

What can be inferred from the passage

A.Phobias have much to do with depression.

B.Everybody has something to fear about.

C.Avoidance can help patients forget fear.

D.The symptoms of panic disorder’ are easy to find.