问题 单项选择题

梁某是精神病人,其监护人是梁妻魏某。一日梁某将邻居吴某家的进口名贵狗欢欢哄出去玩时致其被汽车轧死。吴某要求梁某赔偿,后协商不成诉至法院。魏某代梁某参加了诉讼。在一审判决后上诉期届满前,梁某的精神病被治愈,认为一审中其法定代理人的代理行为违背了其意志,向法院提起上诉,要求法官改变一审判决。下列说法正确的是:

A.魏某的代理行为是有效的

B.二审法院因此需要依法改判

C.二审法院因此需要发回重审

D.只有魏某承认其代理行为违背梁某意志,法院才可能发回重审

答案

参考答案:A

解析: 本题考点是诉讼代理权的存续期间和效力问题。《民事诉讼法》第57条规定,无诉讼行为能力人由他的监护人作为法定代理人代为诉讼。法定代理人之间互相推诿代理责任的,由人民法院指定其中一人代为诉讼。在代理权存续的法定期间所从事的代理行为,法律上应该承认它的效力。本案中,梁某在一审期间是无民事行为能力人,应该由他的监护人魏某作为法定代理人代为诉讼。一审期间正是魏某代理权存在的期间,其从事的代理行为是合法有效的。即使被代理人梁某恢复民事行为能力,也不能否认该代理行为的有效性。因此,本题的正确答案是A。

阅读理解

Young people can have problems with their minds. Some students become worried because they have to study very hard. Others have trouble getting on well with people like parents and classmates.

Liu Wei, a Junior 2 student from He’nan, could not understand his teacher and was doing badly in his lessons. He became so worried about it that he started to cut his finger with a knife. Another student, 14-year-old Yan Fang from Guangzhou, was afraid of exams. She got very worried in the test, and when she looked at the exam papers, she couldn’t think of anything to write.

A recent report from Jiefang Daily says about 18% Shanghai teenagers have mental (心理的) problems. Their troubles include being worried and very unhappy, and having problems in learning and getting on well with people. Many students who have problems won’t go for advice or help. Some think they will look stupid if they go to see a doctor. Others don’t want to talk about their secret.

Liang Yuezhu, an expert on teenagers from Beiing Anding Hospital has the following advice for teenagers:

Talk to your parents or teachers often.

Take part in group activities and play sports.

Go to see a doctor if you feel unhappy or un well.

61. The students who often become worried or have trouble getting on well with others may have______.

A. mental problems                                   B. a headache

C. knives with them                                   D. no parents

62. Liu Wei cut his finger with a knife because_______.

A. he was afraid of his teacher                       B. he wanted to frighten his parents

C. he was so worried about his study           D. his finger was badly hurt

63. Yan Fang’s problems happened whenever______.

A. she studied very hard                            B. she had exams

C. she talked with her parents                            D. she thought of something

84. Students who have problems won’t ask others for help because______.

A. they won’t let others think they are stupid

B. they don’t think doctors can help them

C. they don’t want to tell their secret to others

D. both A and C

65. Liang Yuezhu’s advice tells us that______.

A. it’s better for the students who have mental problems to join others

B. it’s unnecessary for students to be with others

C. only group activities and sports can help students with mental problems

D. teachers and parents can’t do anything about mental problems

多项选择题