问题 单项选择题

在督促程序中,人民法院受理申请后,经审查债权人提出的事实、证据,认为债权人的申请不符合法定条件的,裁定予以驳回,会产生哪些法律后果( )

A.人民法院驳回申请的裁定,申请人不得上诉

B.人民法院驳回申请的裁定,在上诉期限内,申请人可以提起上诉

C.人民法院驳回申请的裁定,申请人不得上诉,而且也不能就同一事实通过通常的诉讼程序提起诉讼

D.人民法院驳回申请的裁定,在上诉期限内,申请人可以提起上诉,而且可就同一事实通过通常的诉讼程序提起诉讼

答案

参考答案:A

解析: 督促程序的法律后果
本题具有一定的难度,需要考生对于督促程序和狭义的诉讼程序(如普通程序、简易程序)的关系有一定的把握和认识,方能作出正确的选择。督促程序是一种特殊的程序,是指法院根据债权人的申请,以支付令督促债务人限期履行债务的程序。督促程序具有非讼性和简捷性的特点。非讼性体现在,在督促案件的审理过程中,仅有一方当事人即债权人,债务人并不参加审理。督促程序因债权人的申请而开始,并非以起诉开始,而且原则上并不开庭审理,而是进行书面上的审查。简捷性主要体现在实行一审终审,所以并不存在上诉的问题。只要支付令发出后,债务人若在法定期间内对支付令不提出异议又不履行其债务的,则支付令即具有既判力和强制执行力。根据《民诉意见》第216条的规定:人民法院受理申请后,由审判员一人进行审查。经审查申请不成立的,应当在15日内裁定驳回申请,该裁定不得上诉。根据以上分析,选项B是错误的,因为督促程序实行一审终审,不存在上诉的问题。选项c中虽然指出“不得上诉”是正确的,但是债权人可以就其与债务人的纠纷依照通常的诉讼程序提起诉讼,只要其符合受理的条件,法院即可受理。同理,选项D也是错误的。而选项A的内容符合督促程序的相关规定,所以本题的正确答案是A。

阅读理解

If your idea of a good time is to sleep in a hut, carry your own rubbish, and eat insects and wild animals, then ecotourism may be just for you. But is it also for people who want to fly over a rainforest sky before checking into a comfortable and expensive hotel in the middle of a national park? Whatever ecotourism is, it is hot--perhaps too hot for its own good.

The World Tourism Organization claims that the industry looked after 592 million travelers last year who spent $423 billion, and of all the types of tourism, ecotourism seems to be the fastest growing. By the broadest measure -- a trip with some sort of nature or wilderness element -- ecotourism already accounts for perhaps a third of these travelers. On a stricter definition favored by the Ecotourism Society, it is “responsible travel that preserves natural environments and keeps up the well-being of local people,” which accounts for no more than 5% of tourism.

Ideally, ecotourism helps both people and nature. Before the disastrous civil war, Rwanda’s Mountain Gorilla Project was one such model. Visits to the gorillas were limited, local guides ensured good behavior or on the part of the humans, and the high admission charge - $170 a day -- paid for salaries and presentation of the gorillas’ living areas. As this made the gorillas worth more alive than dead, poaching (偷猎) decreased. As another example, preservation Cooperation, Africa’s largest ecotour operator, uses only local labor, buys products 5om local farmers, and supports building projects: such as clinics and schools. This contribution to social advance is also good business sense. Projects from which local people benefit directly are less likely to be affected by poaching and theft.

Ecotourism’s biggest problem is labeling. Going on an eco-tour is no guarantee of good ecology. So far, only Australia has an official system to grade tour operators and tourist attractions on the basis of their “greenness”. Another issue is how eco-tourists damage the environment. Dolphin-feeding, for instance, is innocent and enjoyable, but after too many free meals, the dolphins forget how to catch their own dinners.

Keeping prices high is one way to limit enthusiasm. But measuring the effect of ecotourism on human environments is trickier. It is common, for villagers to see ecotourism as a source of new income. Hence, the very tourists who venture in search of traditional cultures end up breaking them up. As ecotourism becomes more popular, it will finally threaten the very things that are good for business.

小题1:According to the passage, ecotourism may _________.

A.harm its own purpose by becoming too popular

B.save the environment by becoming more popular

C.harm its own purpose by becoming less popular

D.save the environment by becoming less popular小题2:Within the tourism industry as a whole, ecotourism _____________.

A.has no single, clear definition that would satisfy everybody

B.has expanded less rapidly than other types of tourism

C.claims that no comfortable hotels should be used by tourists

D.most often has a negative effect on local culture小题3:Rwanda’s Mountain Gorilla Project is a good example because ___________.

A.tourists were free to visit the gorillas whenever they wanted to

B.local people’s attitudes toward animals were not affected

C.the gorillas were protected from both tourists and local people

D.the gorillas’ living area was modernized because of the high admission小题4: _________ most directly benefits the local community.

A.Rwanda’s Mountain Gorilla Project

B.Preservation Corporation

C.Australia’s grading system

D.Dolphin-feeding

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