问题 问答题


大连华讯国际空运有限公司(以下简称大华公司)诉湖州汇泰制衣有限公司(以下简称汇泰公司)给付垫付的运费纠纷一案由湖州市中级人民法院受理后,该院认为,本案虽然事实不清,但是双方对案件争议不大,故决定适用简易程序。在庭审过程中,被告认为原告不应向其要求给付垫付的运费,并提出了答辩意见。法院因审判期限将至,将案件转为适用普通程序,并作出判决。被告不服一审判决,提出上诉,要求撤销原判决,予以改判。二审法院最终作出驳回上诉、维持原判的判决。被告仍然不服,向上级人民法院申请再审。上级人民法院认为原审判决认定事实证据不足,适用法律不当,决定对该案予以提审。
问题:

假设本案采用简易程序是合法的,当案件由简易程序转为普通程序后,法院的审理期限应如何计算

答案

参考答案:

解析:审理期限应自立案次日起算。依《民诉意见》第170条规定,由简易程序转为普通程序的,审理期限从立案的次日起计算。

阅读理解

阅读理解。

     One Sunday morning John was crossing a bridge. He saw a fisherman on the bank of a river under him.

He stopped to watch him quietly.

     After a few minutes, the fisherman pulled his line out. There was a big, fat fish at the end of it. The

fisherman took it off the hook and threw it back into the water. Then he put his hook and line into the water

again. After a few more minutes he caught another big fish. Again he threw it back into the river. Then, the

third time, he caught a small fish, He put it into his basket and started to get ready to go. John was so

surprised that he went down to the river bank and asked the fisherman,"Why did you throw those beautiful,

big fishes back into the river, and keep only the small one?"

     The fisherman smiled and answered, "Oh, my frying pan is small."

1. Where was the fisherman?

A. In the river.

B. By the river.

C. On the river.

D. Near the river.

2. The fisherman put _____ into his basket and started to go home.

A. a small fish

B. a big fish

C. a small frying pan

D. Both A and B

3. How many times did the fisherman pull his line out?

A. Once.

B. Twice.

C. Three times.

D. Four times.

4. The fisherman only kept the small fish because ______.

A. he didn't like big fishes

B. the small fish was lovely

C. his frying pan was not big enough to cook a big fish

D. small fish was usually more delicious

5. We can infer (推断) from the passage that ______.

A. the fisherman enjoyed a relaxing life

B. the fisherman was poor

C. the fisherman loved small fishes

D. the fisherman was foolish

名词解释