问题 问答题 论述题

某化工厂排放废水,污染了农民甲、乙、丙、丁的农田,使四户农民所种庄稼分别减产40%、50%、60%和65%。因诉前协商索赔未果,甲、乙、丙、丁先后向人民法院提起诉讼。在法院审判员主持下通过调解,化工厂同农民甲、乙、丙达成赔偿协议。当人民法院向农民丁送达调解书时,丁以未参加调解和赔偿数额偏低为由不服,再次向人民法院提起诉讼。调解书对丁是否有效?农民丁是否有必要再行起诉?

答案

参考答案:

(1)该调解书对农民丁无效。因为调解必须在当事人参加下,在依法自愿平等的基础上达成调解协议,才对当事人产生法律效力。在本案中,农民丁既未参加调解,也不同意调解协议确定的赔偿数额,化工厂同农民甲、乙、丙三户农民所达成的协议,对农民丁不具有法律效力。

(2)农民丁没有必要再行起诉。因为农民丁已经就化工厂污染造成其庄稼损害而向人民法院提起诉讼,法院应依法审理,作出判决,农民丁不必再行起诉。

解析:本题考查调解的内涵、原则及调解书的法律效力问题。调解书是自愿达成的,可见本案中的调解书对丁无效。同时丁已经向法院起诉,也不需要再次起诉。【点评】本题主要考查法律救济,需要考生对基础知识熟练掌握。

阅读理解

阅读理解

     Considered one of Europe's two "bicycle capitals" along with Amsterdam, Copenhagen(哥本哈根)

counts more bicycles than people and cycling is so popular that its numerous bike paths can become

crowded. Two-wheeler traffic jams are especially regular on the main Noerrebrogade road used by

around 36,000 cyclists a day. "You have to elbow your way in to go forward and some cyclists aren't

always thoughtful," complains 22-year-old university student Lea Bresell.

     The creation of bike highways "comes right on time", says Danish Cyclist Federation Spokesman

Frits Bredal. "Copenhagen's roads are overloaded with people who want to ride their bicycles in all

kinds of weather," he says. "If in the 1960s Danes viewed the car as the symbol of freedom, the bicycles

have supposed that role today," Bredal says. "It's a mode of transportation used by all social classes,

even politicians ride bikes," he says.

     It is on crowded Noerrebrogade-the busiest bicycle street in Europe, according to the cyclist

association-that city planners have decided to build the first of Copenhagen's environmentally friendly

roads. The jammed bike paths will be widened up to four metres on either side of the road, which itself

will be reserved for bikes only. The idea is to make Noerrebrogade "Europe's great cycling street", says

Andreas Roehl, Copenhagen government's bicycle program manager who is also known as "Mr. Bike".

     But Roehl is not content with making life easier for Copenhagen's inner-city cyclists: He wants to get

suburbanites(郊区居民) out of their cars and onto two wheels as well. His goal is to hike the percentage

of suburban commuters cycling to and from the city from the 37 percent it is today to 50 percent by 2015.

1.    Why does Copenhagen plan to build the first bike highway?

A. Because bike highways are environmentally friendly.

B. Because it's a part of the city's development program.

C. Because the inner-city commuters urge that it should be built.

D. Because too many bicycles cause the paths to be crowded.

2.    Why do people in Copenhagen want to ride their bicycles in all kinds of weather?

A. Because the price of petrol has been going up all the time.

B. Because the bicycle is viewed as the symbol of freedom nowadays.

C. Because it's hard for people to find parking space in crowded streets.

D. Because politicians ride bikes and commuters enjoy following them.

3.    The underline word "mode" in the second paragraph probably means?

A. fashion                          

B. improvement

C. reform                          

D. law

4.    Which of the following is NOT included in Andreas Roehl's plan?

A. The former jammed bike paths will be widened.

B. Noerrebrogade is to be made "Europe's great cycling street".

C. All commuters will be pushed to leave their cars at home.

D. More suburbanites will be got out of their cars and onto two wheels.

单项选择题