81. According to the provisions of the Civil Procedure Law, Chinese courts and foreign courts can provide judicial assistance, entrust each other with certain litigation actions on their behalf. But under which of the following circumstances should our court reject the decision or return it to a foreign court with reasons?

A. The entrusted matter is incompatible with the sovereignty and security of our country

B. It does not fall within the jurisdiction of our courts

C. It violates the laws of our country Basic principles or my country's national interests and social interests

D. A foreign court entrusts a Chinese court to serve legal documents on its behalf without attaching a Chinese translation

Answer: ABCD

Analysis: Article 260 of the Civil Procedure Law stipulates that in accordance with international treaties concluded or acceded to by the People's Republic of China or in accordance with the principle of reciprocity, the People's Court and foreign courts may request each other to serve documents, investigate and collect evidence on their behalf. and conduct other litigation actions. If a foreign court requests assistance on a matter that is detrimental to the sovereignty, security or public interests of the People's Republic of China, the people's court will not enforce it. Therefore, the matters in A and C should be rejected or returned by the Chinese court; Article 262, the request letter from the foreign court requesting the people's court to provide judicial assistance and the attached documents should be accompanied by a Chinese translation or other languages ????stipulated in international treaties. text, the matter in D can also be returned or dismissed; in addition, the People's Court should exercise its power within the scope of its powers. If it exceeds the scope of its powers, the People's Court should not accept the case or reject or reject it, so B's statement is also correct. The correct answer to this question is ABCD.

82. Li bought a new house in District A of City A and asked a decoration company in District B of City A to decorate his new house. During the renovation process, the renovation worker accidentally broke a water pipe, causing the furniture of the residents downstairs to be flooded. Li failed to negotiate with the decoration company on the compensation issue, so he filed a lawsuit with the District Court of City A. District B Court believed that the case should be heard by District A Court, so it ruled to transfer the case to District A Court. District A Court believed that the case should be heard by District B Court, refused to accept the transfer, and returned the case to District B Court. Which of the following options are correct regarding the jurisdiction of this case?

A. The courts in District A and District B of City A have jurisdiction over the case

B. Li has the right to sue the court in District B of City A

C. The transfer jurisdiction of the court in District B of City A is wrong

D. The court in District A does not accept the transfer and it is wrong to return the case to the court in District B

Answer: ABCD

Analysis: Article 29 of the "Civil Procedure Law" stipulates that lawsuits filed due to infringement shall be under the jurisdiction of the People's Court of the place where the infringement occurred or where the defendant is domiciled. In this question, the place of infringement is District A of City A, and the defendant’s domicile is District B of City A. Therefore, the courts of District A and District B have jurisdiction. Li can sue to the court of District A or District B. What are the arguments of A and B? All are correct, elected; Article 36 stipulates that if the people's court finds that the case accepted does not fall under the jurisdiction of this court, it shall transfer it to the people's court with jurisdiction, and the people's court to which the case is transferred shall accept the case. If the transferred people's court believes that the transferred case does not fall under its jurisdiction according to regulations, it shall report it to the superior people's court for designation of jurisdiction and shall not transfer the case on its own. The court in District B of City A has jurisdiction over this case, so its transfer to jurisdiction is wrong. C’s statement is correct and elected; the court in District A does not accept the transfer and should report to the superior people’s court to designate jurisdiction and is not allowed to transfer it on its own. Therefore, D’s statement is correct, selected, the correct answer to this question is ABCD.

83. According to the provisions of my country's "Civil Procedure Law" and relevant judicial interpretations, which of the following statements about trial organization are correct?

A. In the retrial procedure, only judges can form a collegial panel

B. When the second instance court decides to remand the case for retrial, the original court should form a collegial panel to hear the case

C. The court applies special procedures to hear cases, and jurors do not participate in the collegial panel of the case

D. When the intermediate court serves as a court of first instance, the collegial panel can be composed of judges and jurors. When it serves as a court of second instance, , the collegial panel is always composed of judges

Answer: BCD

Analysis: Article 40 of the "Civil Procedure Law" stipulates that when the People's Court hears civil cases of first instance, the judges, The jurors may work together to form a collegial panel or the judges may form a collegial panel. The number of members of the collegial panel must be an odd number. Paragraph 3 of Article 41 stipulates that when a retrial case is tried in the first instance, a separate collegial panel shall be formed in accordance with the procedures of the first instance; if the case was originally tried in the second instance or by a superior people's court, a collegial panel shall be formed in accordance with the procedures of the second instance. . Therefore, if a collegial panel is formed according to the first instance in the retrial, the jurors can participate in the collegial panel. A’s statement is wrong and he will not be elected. Article 41, paragraph 2, stipulates that when a case is remanded for retrial, the original people’s court shall form a separate collegial panel in accordance with the first instance procedure. . B's statement is correct and he is elected; Article 161 stipulates that cases heard in accordance with the procedures of this chapter shall be heard in the first instance and finally. Voter qualification cases or major or difficult cases shall be heard by a collegial panel of judges; other cases shall be heard by a single judge.

Therefore, C's statement is correct and he is elected; Article 40 stipulates that when the People's Court hears first-instance civil cases, a collegial panel shall be composed of judges and jurors or a collegial panel shall be composed of judges. The number of members of the collegial panel must be an odd number. Paragraph 1 of Article 41 stipulates that when the People's Court hears civil cases of second instance, the judges shall form a collegial panel. Therefore, D's statement is correct and is selected. The correct answer to this question is BCD.

84. Li and Zhang went to Huamei Shopping Center to purchase wedding items. Zhang fell because the waxed floor of the shopping mall was too slippery, resulting in a fracture of his left arm. He spent a lot of money on hospitalization and postponed his wedding. At that time, Zheng, who was in charge of floor waxing in the shopping mall, witnessed what happened. The victim believed that the shopping mall was at fault, so he sued for compensation for economic losses and mental damages. Which of the following options are correct regarding the participants in this lawsuit?

A. Li and Zhang should be co-plaintiffs in this case

B. Li and Zheng can serve as witnesses in this case

C .Huamei Shopping Center is the defendant in this case

D. Huamei Shopping Center and Zheng are the *** co-defendants in this case

Answer: BC

Analysis: " Article 42 of the Opinions on Civil Litigation stipulates that when a legal person or other organization's staff member engages in a lawsuit arising out of official conduct or authorized conduct, the legal person or its organization shall be a party. Therefore, in this question, the defendant is Huamei Shopping Center. Article 70 of the Civil Procedure Law stipulates that all units and individuals who know the circumstances of the case are obliged to appear in court to testify. The person in charge of the relevant unit shall support the witness to testify. If a witness truly has difficulty appearing in court, he may submit a written testimony with the permission of the People's Court. Those who cannot express their will correctly cannot testify. Therefore, both Li and Zheng are people who know the circumstances of the case and can express their will correctly. Therefore, they should both serve as witnesses. The correct answer to this question is BC.

85. Regarding the current civil enforcement system, which of the following options are correct?

A. The execution court of a legally effective judgment, including the court of first instance of the case and the court at the same level as the first instance court where the property to be executed is located

B. Outside the case If a person is dissatisfied with the ruling on the objection to the subject of execution, he may choose to file a lawsuit or seek relief through trial supervision procedures according to the different circumstances of the subject of execution

C. If the person applying for execution reaches a settlement agreement with the person subject to execution, During the performance of the settlement agreement, the execution procedure ends

D. The period of application for execution differs depending on whether the applicant and the respondent are natural persons or legal persons

Answer: AB

Analysis: Article 201 of the "Civil Procedure Law" stipulates that legally effective civil judgments and rulings, as well as the property portion of criminal judgments and rulings, shall be executed by the People's Court of first instance or the same level as the People's Court of first instance. The People's Court of the place where the property is located shall enforce it, so A's statement is correct and he is elected. Article 204 stipulates that during the execution process, if a party outside the case raises a written objection to the subject matter of execution, the people's court shall review it within fifteen days from the date of receipt of the written objection. If the reason is established, it shall rule to suspend the execution of the subject matter; if the reason is not established, it shall , the ruling was rejected. If outsiders or parties are dissatisfied with the ruling and believe that the original judgment or ruling is wrong, the case shall be handled in accordance with the trial supervision procedures; if it has nothing to do with the original judgment or ruling, they may file a lawsuit with the People's Court within fifteen days from the date of delivery of the ruling, so B's The statement is correct and elected. Article 207 stipulates that during execution, if the two parties reach a settlement agreement on their own, the enforcement officer shall record the contents of the agreement in the transcript and have both parties sign or seal it. If one party fails to perform the settlement agreement, the people's court may resume the execution of the original effective legal document based on the application of the other party. Article 266 of the "Civil Litigation Opinions" stipulates that if one party fails to perform or does not fully perform the settlement agreement voluntarily reached by both parties during the execution, and the other party applies for execution of the original effective legal document, the people's court shall resume execution, except for the part of the settlement agreement that has been performed. should be deducted. If the settlement agreement has been fully performed, the people's court will not resume execution. In other words, during the execution process, if the two parties reach a settlement agreement, it does not necessarily end the execution procedure. Only when both parties have fully performed in accordance with the settlement agreement can the execution procedure be terminated. C's statement is wrong and he is not elected. Article 215 of the Civil Procedure Law stipulates that the period for applying for enforcement is two years. When applying for the suspension or interruption of the statute of limitations, the provisions of the law on the suspension or interruption of the statute of limitations shall apply. Therefore, D’s statement is wrong and cannot be elected.

86. Regarding the types of lawsuits, which of the following options are correct?

A. Company A sues the court to terminate the contract on the grounds that Company B has breached the contract, which is a change lawsuit

B. Company A takes the grounds that Company B's performance does not comply with the agreement. , sued to the court to require Company B to continue to perform, which is a lawsuit for payment

C. A sued B in the court, demanding the return of the loan of 1,000 yuan. B claimed that he had never borrowed money from A at all, and the lawsuit was a confirmation Suit

D. Company A sues Company B, requiring Company B to immediately stop construction or take effective measures to reduce noise. This is a change lawsuit

Answer: AB

Analysis: Lawsuits can be divided into three categories: confirmation lawsuits, change lawsuits and payment lawsuits.

A confirmation lawsuit refers to a lawsuit in which the plaintiff requests the court to confirm whether there is a certain civil legal relationship with the defendant. An action for payment refers to a lawsuit in which the plaintiff requests the court to order the defendant to perform a specific payment obligation to it. An action for modification, also known as an action for formation, refers to an action in which the plaintiff requests the court to make a judgment to change or eliminate an existing civil legal relationship. In option A of this question, Company A sues the court to terminate the contract on the grounds that Company B has breached the contract. This is a request to change the legal relationship of the contract, which is a change lawsuit. This is correct; Company A in B uses Company B's performance as inconsistent with the agreement. , the lawsuit brought to the court to require Company B to continue to perform is an action for payment, which is correct; in C, A sues Company B for the return of the loan, which is actually asking the court to order the defendant to perform certain obligations to it, which is an action for payment. C is wrong and cannot be elected. ;D also requested the court to order the defendant to perform specific payment obligations, so it was a payment action. D was wrong and was not elected.

87. Company A in place A and company B in place B signed a sales contract, stipulating that the place of performance of the contract would be place C, but company B failed to deliver the goods when due. A failed to push for the goods many times, so he sued the local court in B, requesting an order to order B to deliver the goods in accordance with the contract and pay liquidated damages. After the court accepted the case, A learned that B had placed the goods in its warehouse in D and that they might be transferred at any time. Which of the following options are incorrect?

A. If A wants to apply for property preservation, he must apply to the grassroots court in D where the goods are located

B. If A wants to apply to the court for property preservation, he must provide a guarantee

C. If the court deems it necessary, it may directly make a property preservation ruling

D. After accepting A’s property preservation application, the court shall make a property preservation ruling within 48 hours

Answer: ABD

Analysis: Article 31 of the "Civil Litigation Opinions" stipulates that for pre-litigation property preservation, the party concerned shall apply to the people's court where the property is located. However, for property preservation in litigation, there is no restriction on "applying to the court where the property is located", so A's statement is wrong; Article 92 of the "Civil Procedure Law" stipulates that the people's court may make a judgment due to the behavior of one of the parties or other reasons. In cases where enforcement is impossible or difficult to enforce, a ruling on property preservation may be made based on the application of the other party; if the party does not file an application, the people's court may also rule on taking property preservation measures when necessary. When the people's court takes property preservation measures, it may order the applicant to provide a guarantee; if the applicant fails to provide a guarantee, the application shall be rejected. After the people's court accepts the application, it must make a ruling within 48 hours if the situation is urgent; if it decides to take property preservation measures, it must start implementation immediately. Therefore, property preservation in litigation does not require the provision of security, but can require the provision of security. B's statement is wrong; property preservation in litigation can be applied for by the parties or taken by the court ex officio. C's statement is correct. In D, "a ruling on property preservation should be made within 48 hours must be limited to "emergency circumstances." If it is not an emergency, a ruling does not need to be made within 48 hours. D's statement is too absolute, wrong, and should be elected. The correct answer to this question is ABD.

88. Civil litigation and civil and commercial arbitration are both effective ways to resolve civil disputes, but there are differences in their systems.

A. Civil litigation can resolve various types of civil disputes, but arbitration is not applicable to civil disputes related to identity relationships

B. Civil litigation is subject to two trials, and arbitration is subject to one arbitration.

C. The judgment in civil litigation needs to be signed by all the judges hearing the case, while the arbitration award can be signed by some members of the arbitral tribunal

D. The court is responsible for the preservation of property in civil litigation, but the arbitration institution does not Intervene in any property preservation activities

Answer: ABC

Analysis: Article 3 of the "Civil Procedure Law" stipulates that the People's Court accepts cases between citizens, legal persons, other organizations and Article 3 of the Arbitration Law stipulates that the following disputes cannot be arbitrated: (1) Marriage, adoption, guardianship, support, and inheritance disputes; 2) Administrative disputes that should be handled by administrative agencies according to law. Therefore, A’s statement is correct; Article 10 of the Civil Procedure Law stipulates that when hearing civil cases, the People’s Court shall implement collegiality, recusal, open trial and two-instance final adjudication in accordance with legal provisions. System. Article 9 of the Arbitration Law stipulates that arbitration shall be subject to a final decision system. Therefore, B is correct; Article 43 of the Civil Procedure Law stipulates that the collegial panel shall adopt the principle of majority rule when deliberating a case. , signed by the members of the collegial panel. The dissenting opinions in the deliberations must be truthfully recorded in the transcript. Article 54 of the Arbitration Law stipulates that the arbitration request, the facts of the dispute, the reasons for the award, the award results, the burden of the arbitration fees and the award. Date. If the parties agree not to state the facts of the dispute and the reasons for the award, they may not write it. The award shall be signed by the arbitrator and stamped with the seal of the arbitration committee. The arbitrator who disagrees with the award may or may not sign it. Therefore, C is correct and elected; Article 28 of the Arbitration Law stipulates that if a party may make the award impossible or difficult to enforce due to the behavior of the other party or other reasons, it may apply for property preservation.

If a party applies for property preservation, the arbitration committee shall submit the party's application to the People's Court in accordance with the relevant provisions of the Civil Procedure Law. Therefore, the statement in D that "the arbitration institution will not be involved in any property preservation activities" is wrong and cannot be elected. The correct answer to this question is ABC.

89. Which of the following properties shall the enforcement court not take enforcement measures against?

A. Unpublished works of the person subject to execution

B. Items necessary for the person subject to execution and his dependent family members to complete compulsory education

C. Finance Deposit reserves and reserves deposited by institutions with the People's Bank of China

D. Business premises of financial institutions

Answer: ABCD

Analysis: "People's Court Article 5 of the Regulations on Seizing, Detaining, and Freezing Property in Civil Execution by People's Courts stipulates that the People's Court shall not seize, detain, or freeze the following properties of the person subject to execution:... (3) The person subject to execution and his dependent family members must complete the Items necessary for compulsory education; (4) Undisclosed inventions or unpublished works; ... Therefore, the property in A and B shall not be subject to enforcement measures and elected; "Provisions of the People's Court on Several Issues concerning the Enforcement Work of the People's Court" (Trial)" stipulates that if the person subject to execution is a financial institution, the deposit reserves and reserve funds deposited with the People's Bank of China shall not be frozen or deducted, but the deposits with the institution and other financial institutions shall not be frozen or deducted. Its other deposits in the People's Bank of China can be frozen and transferred, and execution measures can be taken against other properties of the person subject to execution, but its business premises cannot be sealed. Therefore, CD's statement is correct. The correct answer to this question is ABCD. Original by Legal Education Network.

90. Regarding the collection of evidence in civil litigation, which of the following options are correct?

A. In the contract dispute case between Wang and Qi, the contract may contain facts that harm the interests of a third party. In this case, the court can take the initiative to collect evidence

B .In the infringement case of Hu v. Huang, Hu failed to provide a key piece of evidence due to objective reasons. In this case, Hu could apply to the court to collect evidence

C. In Zhou v. He In a loan dispute case, Zhou applied to the court to investigate and collect evidence because he did not have time to collect evidence. In this case, the court should conduct investigation and collection

D. In the case of Wu v. Zhao , Wu applied to the court to investigate and collect evidence, but was not allowed by the court. Wu can apply to the court for reconsideration once

Answer: ABD

Analysis: "People's Court on Civil Litigation Article 15 of "Several Provisions on Evidence" stipulates that the "evidence that the people's court deems necessary to hear the case" stipulated in Article 64 of the Civil Procedure Law refers to the following situations: (1) Involving matters that may be detrimental to national interests and social welfare * Interests or the facts of the legitimate rights and interests of others; (2) Procedural matters involving the addition of parties ex officio, suspension of litigation, termination of litigation, avoidance and other procedural matters unrelated to the substantive dispute. Therefore, A’s statement is correct and he is elected; Article 64 of the Civil Procedure Law stipulates that the parties concerned have the responsibility to provide evidence for their own claims. The People's Court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or that the People's Court deems necessary to hear the case. The People's Court shall comprehensively and objectively examine and verify evidence in accordance with legal procedures. Article 73 of the "Opinions on Civil Complaints" stipulates that in accordance with the provisions of Paragraph 2 of Article 64 of the Civil Procedure Law, the evidence collected by the People's Court includes: (1) The parties and their agents ad litem. It cannot be collected by itself due to objective reasons; (2) The People's Court considers that identification and inspection are necessary; (3) The evidence provided by the parties is contradictory and cannot be identified; (4) Other evidence that the People's Court believes should be collected by itself. Therefore, B is correct and is elected; C's statement is wrong and is not elected; Article 19 of the "Several Provisions of the People's Court on Evidence in Civil Litigation" stipulates that the parties and their litigation agents apply for the People's Court to investigate and collect evidence no later than Seven days before the expiration of the time limit for producing evidence. If the people's court disapproves the application of the party or his agent ad litem, it shall serve a notice on the party or his agent ad litem. The parties and their litigation agents may apply in writing to the people's court that accepted the application for reconsideration within three days from the day after receiving the notice. The people's court shall respond within five days from the date of receipt of the reconsideration application. Therefore, D is correct. So the correct answer to this question is ABD.