问题 单项选择题

M省人民法院将应由自己管辖的经济要案指定给本省甲市人民法院管辖,以确保自己有权对此案进行二审。对于这种做法,你的看法是()

A.这种做法是移送管辖,与刑事诉讼不同,民事诉讼管辖权下放没有问题,因此是正确的

B.这种做法是指定管辖,上级人民法院指定所属下级人民法院管辖案件并无任何问题

C.移送管辖的前提是本法院没有管辖权,所以这种做法是错误的

D.M省人民法院的做法并不符合《民事诉讼法》的要求,不应提倡

答案

参考答案:D

解析:移送管辖是指人民法院发现受理的案件不属于本院管辖,从而将之移送有管辖权的人民法院审理,M省人民法院对此案有管辖权,所以本案根本不属于移送管辖,A和C都是错误的。指定管辖则是指上级法院指定下级法院审理一起案件,这或者因为特殊原因比如自然灾害,或者因为两家法院管辖权争议而引起。本题的情形属于指定管辖,但属于不合法的指定,这种做法看似合法,其实已经违背了指定管辖解决特殊案件管辖问题这一立法目的,维护自身终审权也不是什么“特殊原因”,完全是假借名义以达私欲的错误做法。因此D正确,B错误。

阅读理解

My interest in Chinese food started many years ago, when I had my first job. I was a young reporter for the Daily Journal in San Francisco. Our office wasn’t far from Chinatown. I usually managed to arrange my time so that I could go there at least two or three times a week for a good meal.

The first time I ever ate Chinese food I loved it. And since then, it just tastes better and better to me. The first thing I noticed was the fresh tastes of the meat and vegetable. When I learned more about the food, I began to understand why it has this special feature.

About 5000 years ago, China lost much of its wood because of over population and poor management of its forest. This loss was very bad for the country, of course, but it turned out to be very good for the food. Wood became very expensive and hard to get, so the Chinese had to learn how to use it better.

In order to use less wood in cooking, they started to cut their meat and vegetable into small pieces before they put them in the hot oil. That way, the food cooked faster and they saved their fuel. The food prepared in the manner kept its fresh flavor(风味)--- and its this flavor that attracts people to the art of Chinese cooking.

I often wonder if the Chinese appreciated their solution to that ancient energy problem as much as I do now --- whenever I eat Chinese food.

小题1:This passage is mainly about ___________.

A.why Chinese food tastes fresh

B.what Chinese food tastes like

C.how Chinese food is cooked

D.what makes Chinese food special小题2:The author got to know Chinese food _______________.

A.when he worked as a reporter in China

B.from a news story in the Daily Journal

C.after he got a taste of it in the Chinatown

D.before he got his first job in San Francisco小题3:The author thought the Chinese cut meat and vegetable into small pieces in order to _____________.

A.keeping its fresh flavor

B.saving their hard –to-get wood

C.producing a different kind of food

D.attracting westerners to their food小题4:The word “ fuel” in the 4th paragraph most probably means ____________.

A.fresh flavor

B.meat and vegetable

C.hot oil

D.firewood小题5:According to the passage, the special freshness of Chinese food is the result of _______________.

A.the wood used to make the cooking fire

B.the fast speed at which it is cooked

C.the high quality of Chinese meat and vegetable

D.the well –developed art of Chinese cooking

单项选择题