问题 单项选择题

(2007年)在执行程序中,甲和乙自愿达成和解协议:将判决中确定的乙向甲偿还1万元人民币改为给付价值相当的化肥、农药。和解协议履行完毕后,甲以化肥质量不好向法院提出恢复执行程序。下列哪一选项是正确的?

A.和解协议无效,应恢复执行原判决

B.和解协议有效,但甲反悔后应恢复执行原判决

C.和解协议已履行完毕,应执行回转

D.和解协议已履行完毕,法院应作执行结案处理

答案

参考答案:D

解析:解析:《民事诉讼法》第207条规定,在执行中,双方当事人自行和解达成协议的,执行员应当将协议内容记入笔录,由双方当事人签名或者盖章。一方当事人不履行和解协议的,人民法院可以根据对方当事人的申请,恢复对原生效法律文书的执行。《最高人民法院关于人民法院执行工作若干问题的规定(试行)》第87条规定,当事人之间达成的和解协议合法有效并已履行完毕的,人民法院作执行结案处理。本题中,因为和解协议已经执行完毕,所以法院应该作执行结案处理,不能恢复执行原判,D的选项是正确的。这里注意,如果和解协议尚未履行完毕,当事人申请恢复执行的,则B就是对的。

单项选择题
单项选择题

I got a job teaching special education at a school in Coachella, California, a desert town about 170 miles from home. It was no (1) job. Street gangs (2) around the school after dark."Be careful," Dad warned me during one of my frequent weekend (3) home. He was concerned about my living (4) , but I needed to be on my own.One evening, I stayed after school to rearrange my classroom. (5) , I turned out the light and closed the door. Then I (6) toward the gate. It was (7) ! I looked around. Everyone had gone home.After (8) all the exits, I found just enough (9) to squeeze under a gate in the back of the school. Then I walked toward my car, parked in a field behind the building.Suddenly I heard voices. I (10) around and saw at least eight boys following me. (11) my pace, I reached into my shoulder bag to get my key. I (12) all over the inside of my handbag. But the key wasn’t (13) ! Dear Lord, please help me, I prayed (14) . Suddenly, my fingers touched a loose key in my purse. I didn’t even know if it was for my car, but I took it out and (15) it. It worked!I opened the door, slid in and locked it—just (16) the teenagers surrounded the car. Trembling , I started the engine and (17) away. When I returned to my apartment, the phone was ringing. It was my Dad. I didn’t tell him about my experience; I didn’t want to (18) him. "Oh, I forgot to tell you!" He said, "I had a(n) (19) car key made and slipped it into your purse—just (20) you ever need it.

第(17)空应选择()

A.ran

B.escaped

C.drove

D.went