问题 不定项选择

甲乙2人在自愿的基础上达成了一份买卖合同,约定将乙所有的一辆七成新尼桑轿车转让给甲,并且合同中约定了解决争议的机构为某市仲裁委员会,后来甲发现该车有严重的安全隐患,遂将车退给乙并要求乙将车修好后再交给甲,双方发生争议,甲遂依据仲裁条款向某市仲裁委员会申请仲裁。如果人民法院强制执行完之后,据以执行的仲裁裁决被依法撤销的,下列说法正确的是:

A.执行法院可依当事人申请,按照新的生效法律文书作出执行回转的裁定

B.人民法院不应当进行执行回转

C.人民法院应当依据仲裁委员会的新裁决作出执行回转的裁定

D.人民法院不应当依职权作出执行回转的裁定

答案

参考答案:A,D

解析:《民事诉讼法》第214条:执行完毕后,据以执行的判决、裁定和其他法律文书确有错误,被人民法院撤销的,对已被执行的财产,人民法院应当作出裁定,责令取得财产的人返还;拒不返还的,强制执行。   《民诉意见》第275条:法律规定由人民去院执行的其他法律文书执行完毕后,该法聿文书被有关机关依法撤销的,经当事人申请,适用民事诉讼法第二百一十四条的规定。   由此可见,对于仲裁裁决,可以适用执行回转,但是应当依据当事人的申请,因此AD项是正确的。

单项选择题
阅读理解

阅读理解。

     Every year when the Italian artist Michelangelo's (1475-1564, 意大利文艺复兴时期著名雕刻家、画家、

建筑师) birthday comes around, computer users all over the world are filled with fear (害怕) and use their

computers with care. Some may even choose not to turn on their computers on March 3. All this fear and care

are just because a deadly computer virus is ready to cause damages (破坏) on that day.

     What's a computer virus then? Why do people get so afraid of it?

     A computer virus is, in fact, a little program that is put into other programs and that does something bad.

It is called a virus because, like any real-life viruses such as AIDs virus, it reproduces itself. And when these

programs are run, the virus is brought to life. It hides itself in your computer system waiting for the right

moment to make damages. And at the same time it keeps producing itself by copying itself onto other programs.

     The Michelangelo virus waits until the artist's birthday comes around, and then it will wake up to do very

bad things like destroying you files (毁坏文档). So next time when you turn on your computer, look out for

computer viruses!

1. The Italian artist Michelangelo _____.

A. was born six centuries ago

B. was born on March 3, 1475

C. died six centuries ago

D. died on March 3, 1564

2. Why are computer users full of fear on March 3? Because _____.

A. it is the birthday of a famous Italian artist

B. a kind of computer virus will come on that day

C. a deadly computer virus called "the Michelangelo virus" will wake up and then damages that day

D. something will easily go wrong with computers

3. In fact, a computer virus is _____.

A. a program which can be put into computers with some damages to them

B. a kind of real-life virus

C. a kind of virus like AIDS virus

D. also a kind of program which is placed into other programs and which makes damages

4. In fact, a computer virus is ready to cause damages _____.

A. any day

B. only on March 3

C. on Fridays

D. only on some famous artists' birthdays