问题 不定项选择

王某面临多起民事纠纷,拟通过诉讼或仲裁的方式解决,但王某对诉讼和仲裁的作用以及两者相互之间的区别联系等不够了解,遂就有关问题进行咨询。法院对仲裁裁决的监督主要表现在哪些方面

A.当事人不服仲裁裁决的,可以到法院另行起诉

B.当事人认为仲裁裁决具有可撤销情形的,可以向有关法院申请撤销仲裁裁决

C.人民法院在仲裁裁决具有不应当执行的情形下,裁定不予执行仲裁裁决

D.人民法院在执行仲裁裁决过程中,发现仲裁裁决有错误,可依职权予以改变

答案

参考答案:B,C

解析:《仲裁法》第9条的规定:仲裁实行一裁终局,裁决作出后,当事人就同一纠纷再申请仲裁或者向法院起诉,仲裁委员会或者法院不予受理。所以,选项A不正确。   《仲裁法》第58条规定:当事人提出证据证明裁决有下列情形之一的,可以向仲裁委员会所在地的中级人民法院申请撤销裁决:(一)设有仲裁协议的;(二)裁决的事项不属于仲裁协议的范围或者仲裁委员会无权仲裁的;(三)仲裁庭的组成或者仲裁的程序违反法定程序的;(四)裁决所根据的证据是伪造的;(五)对方当事人隐瞒了足以影响公正裁决的证据的;(六)仲裁员在仲裁该案时有索贿受贿,徇私舞弊,枉法裁决行为的。人民法院经组成合议庭审查核实裁决有前款规定情形之一的,应当裁定撤销。人民法院认定该裁决违背社会公共利益的,应当裁定撤销。所以,选项B对。   《仲裁法》第63条规定:被申请人提出证据证明裁决有民事诉讼法第二百一十七条第二款规定的情形之一的,经人民法院组成合议庭审查核实,裁定不予执行。   《民事诉讼法》第217条第2款规定:被申请人提出证据证明仲裁裁决有下列情形之一的,经人民法院组成合议庭审查核实,裁定不予执行:(一)当事人在合同中没有订有仲裁条款或者事后没有达成书面仲裁协议的;(二)裁决的事项不属于仲裁协议的范围或者仲裁机构无权仲裁的;(三)仲裁庭的组成或者仲裁的程序违反法定程序的;(四)认定事实的主要证据不足的; (五)适用法律确有错误的;(六)仲裁员在仲裁该案时有贪污受贿,徇私舞弊,枉法裁决行为的。所以,选项C对。   至于选项D,法院不能依职权改变仲裁裁决的内容。因此,本题的正确选项是B、C。

单项选择题
阅读理解

阅读理解。

     Mariah Evans at the University of Nevada, Reno, led a 20-year study which asked adults in 27 countries

to tell the number of books that were in their home while they were growing up. Their answers showed that

children raised around books spend more years in school, even if their parents are poor and illiterate (没文化

的).

     Mariah Evans said, "What we found was that there is a very big effect of growing up in a bookish home

on children's success in school. Children who grow up in homes where there are more books go further in

education. And additional (额外的) books are especially important for children who come from families

where the parents aren't terribly highly educated. The books can be stories, sports, travels and anything. But

there, we're seeing that the books that have the most effect are history and science."

     "It says that there really is a contribution that parents can make to their children's education. And it doesn't

mean that you have to turn into somebody like me whose walls are lined with books. "But it really does mean

that if you spend a few minutes most days a week reading to your children, and if they see you reading from

time to time, and if you talk about books with them from time to time, and when somebody asks a question,

say 'let's look it up' instead of discussing it as a matter of opinion-that all those things can actually make quite

a great difference to children in their education."

1. It can be inferred from the passage that _____. [ ]

A. it is more difficult for children raised around books to finish school

B. highly educated parents prevent a child going further in education

C. more books are needed by children from poor and illiterate families

D. children with poor parents don't spend as many years in school

2. According to the author, the books most important for the children are _____. [ ]

A. history and science

B. sports and education

C. stories and travels

D. all kinds of subjects

3. Wise parents can make quite a great difference to children in their education by _____. [ ]

A. turning themselves into somebody whose walls are lined with books

B. spending some minutes most days a week playing with their children

C. discussing them rather than looking up questions with their children

D. talking about books with their children from time to time

4. This passage mainly talks about _____. [ ]

A. the effect of bookish home on children

B. the importance of parents

C. the necessity of reading more books

D. the interest of children in books