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First, multiple-choice questions. There is only one correct answer in the options set for each question, and multiple choices, wrong choices or no choices can not be scored. This section contains 1-50 questions, and each question 1 point ***50 points.

1. Here are four examples: ① The rider Li Yin Zhang was disabled by a traffic accident due to illegal driving; (2) Tang participated in the self-help mountaineering activities organized by Wang and died in an avalanche; (3) Wu Mou made a bet that weightlifting was disabled because of overexertion; He was in a bad mood and invited his friend Zheng to drink. Zheng drunk and drove into a tree and died. According to the concept of fairness and justice and the relevant provisions of the civil law, which of the following views can be established?

A.① It is obviously improper for Zhang to bear the liability for compensation because Zhang has formed a civil legal relationship with Li Wei.

B.② Don should take his own risks. It is unfair to let Wang bear the liability for compensation.

C.③ Wu Mou has complete ability of meaning, and it is not clear whether it is right or wrong at his own expense.

D.④ He didn't persuade the drinker, but he didn't have to bear the responsibility, so he could give consideration to both jurisprudence and reason.

2. Which of the following statements is true about custody?

A. A entrusts a hospital to take care of his spouse B who suffers from mental illness, and the hospital is the entrusted guardian.

B during the period when party a's youngest son, party b, is in the boarding kindergarten, all the guardianship responsibilities of party a are transferred to the kindergarten.

C. If A remarries his youngest son B after losing her husband, B's grandfather has the right to ask the court to determine himself as B's legal guardian.

D. After the divorce of Party A and Party B, the residents' committee of Party A and Party B's son, C, has the right to appoint the guardian of C..

3. In which of the following cases, A does not pose a threat to B?

A.a said that if he didn't lend 10000 yuan, he would report B's crime. B did it, and then verified that B constituted a crime.

B.A. said that if the Tibetan mastiff was not sold to A, B would be reported for the crime. B did it, and then verified that B did not constitute a crime.

C.A. said that if he didn't buy A's scrapped car, his personal privacy would be made public. Do it

D.A. said that if he didn't compensate B for the medical expenses of injuring A, he would report B drunk driving. B did, and A got medical expenses and consolation money.

4. With the forged official seal of Company B, Party A signed an edible oil sales contract with Company C in the name of Company B to sell inferior edible oil to Company C.. There is no arbitration clause in the contract. Which of the following statements is correct about the contract?

A. if company b approves, company c has the right to notify company b to cancel it.

B. if company b ratifies, company c has the right to request the court to cancel it.

C. Company C has the right to notify Company B to cancel whether Company B approves it or not.

D company c has the right to ask company b to perform whether it is approved by company b or not.

5. Company A signed a loan contract with Bank B, stipulating that the loan period would start from March 25th, 20 10 to March 24th, 201year. Bank B did not claim the creditor's rights from Company A until April 20 15 13 when it transferred the creditor's rights to Company C and notified Company A. On May 6, 20 13, Company D purchased and took over Company A through public bidding. Which of the following options is correct?

A. because bank b informed company a of the transfer of creditor's rights, company a shall not claim the defense of limitation of action against company C.

B. The limitation of a company's debt litigation was interrupted on April 20 15 13.

The limitation of action for debt of C.D. Company was interrupted on May 20 16 13.

D.D. Company has the right to claim the defense of limitation of action from C Company.

6. Party A, Party B and Party C signed a dissolution agreement on March 20 12, stipulating that the partnership house registered in the name of Party C belongs to both parties ... Later, Party C failed to fulfill the agreement. In August of the same year, the court ruled that C had gone through the house transfer procedures, but C had not yet done so. In September, Bing Xu died and Ding succeeded to the throne. In February 65438, Ding presented the house to his girlfriend E, and notarized the gift contract. Which of the following statements is true?

A.2065438+March 2002, Party A and Party B owned the house by stages.

B 2065438+In August 2002, Party A and Party B shared a house.

C.2065438+In September 2002, Ding was the owner of the house.

D.20 12 12, e is the owner of the house.

7. Company A provides a guarantee for Company B to borrow 6,543,800 yuan from the bank, and Company B pledges its creditor's rights of 6,543,800 yuan to Company A as a counter-guarantee. Which of the following statements is true?

A. if company b pays off the loan to the bank according to the contract, the creditor's rights pledge of company a has not been eliminated.

B. If Company A and Company B transfer the pledged creditor's rights to Company D without notifying Company C, Company D may claim the creditor's rights from Company C..

C. Company A can make an agreement with Company B when establishing the pledge of creditor's rights. If Company B fails to pay off the bank loan within the prescribed time limit, the pledged creditor's rights shall be owned by Company A..

D. If Company B informs Company C of the fact that the creditor's rights are pledged, Company C can claim a defense against Company B according to the supply contract.

8. Company A set a pledge for Company B with its machinery and equipment. After 65,438+00 days, Company C borrowed 654,380+000 yuan from the bank, and Company A mortgaged the machinery and equipment to the bank to guarantee a loan of 400,000 yuan, but did not apply for mortgage registration. At the same time, Company C mortgaged its own property to the bank, guaranteed the remaining loan of 600,000 yuan and registered the mortgage. After 20 days, Party A re-mortgaged the machinery and equipment to Company D and registered the mortgage. Company C can't repay the bank loan within the time limit. Which of the following statements is true?

A. If the bank claims all the creditor's rights, it should auction the real estate first to realize the mortgage right.

B. If the bank claims all the creditor's rights, it can choose to auction real estate or machinery and equipment to realize the mortgage.

C the pledge of company b has priority over the machinery and equipment collateral of the bank.

The machinery and equipment mortgage of D.D. Company takes precedence over the pledge of B Company.

9. A lost watch was found by Li. 1 year later, Li sold his watch to Wang. After 1 year, Wang sold the watch to Zheng. Zheng gave the watch to Zhu, who didn't know it, for repair. Because Zheng did not pay alimony, there was a dispute with Zhu, and Zhang knew the reason. Which of the following statements is true?

A. ask Li to return the watch.

B. ask Wang to return the watch.

C. ask Zheng to return the watch.

D. ask Zhu to return the watch.

10. Party A and Party B sign a house lease contract, and the lease term is 5 years. Half a year later, Party A sold the leased house to Party C without informing Party B. Soon, B requested the court to rule that the house sales contract between A and C was invalid on the grounds that his house preemptive right was infringed. Which of the following statements is true?

A. Party A sells the house without notifying Party B..

B.c. has the right to acquire house ownership according to the bona fide acquisition rule.

C. Party A violates Party B's preemptive right, but the contract between Party A and Party C is valid.

D party a shall obtain the consent of party b when selling the house.

1 1. Party A has a jade article and wants to transfer it, so it signs a contract with Party B and makes an appointment for delivery and payment on 10; The next day, C saw this jade and was willing to buy it at a higher price. So A and C signed a contract, and C paid 80% of the payment immediately, and made an appointment for delivery three days later. On the third day, A signed a contract with Ding to sell the jade to Ding and deliver it on the spot. Dante only paid the price of 30%. Later, both Party B and Party C requested Party A to perform the contract and bring a lawsuit to the court. Which of the following statements is true?

A. it should be recognized that ding has obtained the ownership of jade articles.

B. Party B shall support Party C in requesting Party A to deliver jade articles.

C. Party B's request for Party A to deliver jade articles shall be supported.

D the first contract is valid, and the second and third contracts are invalid.

12. Party A, Party B and Party C reached a mediation agreement on traffic accidents under the auspices of the traffic control department, and both parties compensated Party C for 50,000 yuan, which Party A immediately performed. Party B lost 1000 yuan, and the remaining 40,000 yuan was owed to Party C. After the expiration, Party B failed to perform, and Party C failed to make several reminders, so he brought a lawsuit to the court with the mediation agreement and the debt. Which of the following statements is true?

A. This case is an infringement debt.

B. This case is a contractual debt.

C if c gets compensation for work-related injuries, b can claim corresponding exemption.

D.C can ask Party A to continue to compensate 40,000 yuan.

13. Fang left a piece of luggage in the taxi and immediately released the searching for you, saying that he was willing to reward the person who returned the luggage with 2000 yuan in cash. Li, a taxi driver, got in touch with Fang after finding his luggage and learned the notice of finding things. Now we refuse to pay 2000 yuan to Li. Which of the following statements is true?

A. Fang has the right to return property, and Li has the obligation to return luggage, so Fang can not pay 2000 yuan.

If you don't pay 2000 yuan, exercise the lien and refuse to return the luggage.

C party a may not pay any remuneration or expenses if it fails to issue a notice of finding things.

D since searching for you has been released, we must pay the remuneration.

14. Party A and Party B signed a sales contract, stipulating that the breaching party should pay the other party a penalty of 6,543,800 yuan. After Party A's breach of contract, it caused a loss of 6.5438+500,000 yuan to Party B. Which of the following statements is correct?

A. Party A shall pay Party B a penalty of 6,543.8 yuan+800,000 yuan, and shall not pay other expenses or compensate for the losses.

B. Party A shall compensate Party B for the loss of RMB 6,543,800+0.5 million, and shall not pay other expenses or compensate for the loss.

C. Party A shall compensate Party B for losses of 6,543,800 yuan and pay liquidated damages of 6,543,800 yuan, totaling 330,000 yuan.

D. Party A shall compensate Party B for the loss of RMB 6,543,800+500,000 and its interest.

15. Li bought an electric kettle at a shopping mall for 100 yuan. When used, Li's arm was burned due to electric leakage, which cost 500 yuan medical expenses. After investigation, the electric kettle is produced by factory B. Which of the following statements is correct?

A. Li Can directly sued Factory B, demanding compensation for 500 yuan's losses.

B. According to the principle of privity of contract, Li Can only requires the shopping mall to compensate 500 yuan for its losses.

C if Li sues mall a, the compensation scope of mall a is limited to 100 yuan.

D. Li Can only asked the A store to replace the electric kettle, and the 500 yuan loss can only be borne by the B factory.

16. A company transfers a technical secret to B company. After the completion of the technology transfer contract, it was found that the technical secret was obtained by Company A from Company C through improper means, but Company B did not know about it and paid a reasonable consideration. Which of the following statements is true?

A. The technology transfer contract is valid, but Company A shall bear the tort liability for Company C..

B. If the technology transfer contract is invalid, Company A and Company B shall be jointly liable to Company C..

Company C.B may continue to use the technical secret within the scope it obtains, but it shall pay reasonable royalties to Company C..

Company D.B has the right to ask Company A to return the consideration it paid, but it can't ask Company A to compensate the losses it suffered as a result.

17.a's painting dream was published on 1960. 196 1 A died on March 4th. June 5438+October 2009 10, A's successor B found that C's website spread his dream of work for a long time, and there was no signature A. On September, 2065438 1 day, Party B filed a lawsuit with the court. Which of the following statements is true?

A the creation and publication of Dream occurred before the entry into force of China's copyright law and is not protected by this law.

B. B's prosecution has exceeded the limitation of action, and his right to win the case is not protected.

C party b has no right to ask website c to stop infringing party a's right of authorship.

D party b has no right to ask website c to stop infringing on party a's right to spread the information on the internet.

18.A company has developed an automobile energy-saving and environmental protection technology, and obtained the patent certificate of utility model according to law. Company B intends to sign an exclusive license contract with Company A to import the technology, but during the negotiation with Company A, it is found that the technology belongs to the existing technology before the patent application date. Which of the following practices of Company B is illegal?

A. Continue to develop new technologies on the basis of patented technologies.

B. request the court to rule that the patent is invalid.

C. request the patent reexamination board to declare this patent invalid.

D. Free use of technology

19. Company A applied for the registration of the trademark "Love in Winter Rain" for the beer it produced, but did not add the words "registered trademark" or registration mark to the trademark logo when using the trademark. Which of the following acts does not infringe the trademark rights of Company A?

A. Company B mistakenly believes that the trademark belongs to an unregistered trademark, so it also uses the trademark "Love in Winter Rain" on its own beer products.

Company B.C doesn't know that a company is transporting fake "Love in Winter Rain" beer.

C. Ding Hotel pours the "Love in Winter Rain" beer purchased by Company A into homemade beer barrels and sells homemade "Knight" brand bulk beer.

D.E. Company leased the warehouse to an enterprise knowing that it was producing counterfeit "Love in Winter Rain" beer.

20. Which of the following situations produces the debt of unjust enrichment?

A. After the money owed by Party A to Party B exceeds the limitation of action, Party A shall repay it to Party B..

B. If Party A owes Party B, it shall pay all the interest before the loan term expires, and then repay it in advance.

C. Party A paid Party B 2000 yuan in cash for playing mahjong the night before.

D due to the computer failure in the bank, Party A's deposit account in Bank B is 65,438+00,000 yuan more.

2 1. Which of the following situations will cause debt of negotiorum gestio?

A. Party A borrows money from Party B, and Party C pays the principal and interest to Party B without authorization on behalf of Party A, knowing that the limitation of action has expired.

B.A. Sweep the snow in front of her own house and clean up the snow in neighbor B's car.

After C.A. and B got married, B gave birth to a son C. It took A five years to know that C was born to B and D.

D. Party A will pick up the lost cattle of Party B and bring them back for temporary feeding after the owner cannot be found. Because of the earthquake, the house collapsed and the cow died. Party A made some money selling cowhide and beef.

22. Party A used the ID card of Party B it found to apply for a credit card at Bank C, and maliciously overdrawn it, resulting in Party B's name being included in the list of bad credit records of the bank. After investigation, before issuing credit cards, Bank C checks whether Party B has applied for a credit card through the telephone number of Party B left by Party A in the bank (actually the telephone number of Party A). According to the current laws of our country, which of the following statements is correct?

A. A infringes on B's right to name.

B.A infringes on B's reputation.

C. A infringes on B's credit right.

D.c. bank should not be held responsible.

23. The value-added or income of husband and wife after marriage, which of the following belongs to the common property of husband and wife?

A.a contracted the orchard before marriage and the fruit on the fruit tree after marriage.

B. The house 1 purchased by Party B before marriage has appreciated by 500,000 yuan.

C. Before marriage, Party A invested 654.38 million yuan in the stock market and made a profit of 50,000 yuan.

The jadeite collected by D.B. before marriage has appreciated by 654.38+10,000 yuan.

24. When Party A married Party B and her daughter C was three years old, Party A died of a medical accident and received 600,000 yuan in compensation. A left a suicide note before his death, stating that all property after his death was inherited by his mother. After investigation, Party A and Party B saved 200,000 yuan in addition to buying a house together after marriage. Which of the following statements is true?

A. 60.6 million compensation belongs to inheritance.

B.A.' s will does not retain C's share of the estate, and all wills are invalid.

C 50% of housing and 50% of savings belong to inheritance.

D.b has the right to inherit a's inheritance.

25. Xinyu Co., Ltd. * * * has four shareholders, and the shareholder is the executive director of Wei Liu Company. In the absence of special provisions in the articles of association, which of the following functions and powers does Liu Can exercise?

A. Decide on the company's investment plan

B. the effect of refusing other shareholders to transfer their shares to the outside world.

C. Deciding to hire the company manager

D. Decide on the profit distribution plan of the company

26. Taichang Limited has six shareholders. Two years after its establishment, the company decided to increase its registered capital by 5 million yuan. Which of the following statements is true?

A. The resolution of the shareholders' meeting on the newly-increased registered capital must be approved by more than two thirds of the shareholders.

2. The newly-increased capital contribution subscribed by shareholders can be paid in installments.

C. Shareholders have the right to request the subscription of newly-increased registered capital in proportion to the subscribed capital contribution.

D. When the shareholders fail to fulfill the obligation to contribute newly-increased registered capital, the chairman of the company shall bear joint and several liabilities.

27. Which of the following options is correct about the statement of shareholders' or partners' right to know?

A shareholders of a limited company have the right to consult and copy the company's accounting books.

B. shareholders of a joint stock limited company have the right to consult and copy the minutes of board meetings.

C. shareholders of a limited company may file a lawsuit to dissolve the company on the grounds that their right to know has been infringed.

The general partner has the right to consult the accounting books and other financial materials of the partnership.

28. Xianggen Catering Co., Ltd. has three shareholders: Party A, Party B and Party C, holding 565,438+0%, 65,438+04% and 35% respectively. After several years of operation, the company opened another branch, with C as the head. Later, due to the poor performance of the company, Party A convened a shareholders' meeting and decided to transfer the company's branch. Disagree with this resolution. Which of the following statements is true?

A.c can claim to cancel the resolution on the grounds that the procedure is illegal.

B.c can bring a lawsuit to dissolve the company on the grounds that the resolution harms its interests.

The CSRC may require the company to acquire its equity at a reasonable price.

D. The Company may dissolve Party C's shareholder qualification by a resolution of the shareholders' meeting on the grounds that Party C fails to perform its shareholder obligations.

29. Company A filed for bankruptcy on 20 12 and 12. After the court accepted the case, it was found that in September of 20 12, because Company A was unable to pay off the payment of RMB100000 owed to Company B, but Wang, the chairman of Company A, had not paid the capital contribution of RMB1500000, and Company B asked Wang to bear the repayment responsibility, and Wang did pay RMB1000000 to Company B. Which of the following statements is true?

A regarding Wang's payment to company b, the administrator may not claim to cancel it.

B Wang's unpaid contribution this time should be 6,543,800 yuan+500,000 yuan.

C. the manager has the obligation to ask Wang to fulfill his investment obligation.

D. Wang Can claims the statute of limitations for its failure to fulfill its capital contribution obligations.

30. Which of the following statements is true about partnership and sole proprietorship?

A. The investors of both parties can only be natural persons.

B. The investors of both parties shall bear unlimited liability.

A sole proprietorship enterprise may apply for change of registration as a general partnership enterprise.

D a partnership enterprise cannot apply for change of registration as a sole proprietorship enterprise.

3 1. without the consent of party b, party a issues a commercial bill in the name of party b, and the drawee recorded in the bill is bank c.d. after obtaining the bill, it will endorse the bill and transfer it to e. Which of the following statements is true?

A. Party B may refuse to bear the bill liability on the grounds that it has no right to act as an agent.

Bank c may refuse to pay on the grounds that it has no right to act as an agent.

C. When Party D is unaware of Party A's unauthorized agency, Party D is not responsible for Party E..

D. Party A didn't sign the bill, so Party A has no responsibility.

32. According to the relevant provisions of China's Securities Law, which of the following options is correct about the statement of securities issuance?

A. All securities must be publicly issued, and non-public issuance is not allowed.

Issuers can issue securities to investors through underwriting or directly.

Only a joint-stock company formally established according to law can issue shares.

D. All wholly state-owned companies can apply for issuing corporate bonds.

33. According to the relevant provisions of China's Maritime Law and Property Law, which of the following options is correct about the expression of ship property rights?

A. If Party A's ship collides with Party B's ship, Party B has a lien on the loss of Party A's ship.

B. If Party A sets a mortgage guarantee for Party B with its ship, Party B will enjoy the mortgage right after the mortgage contract is signed.

C. If the mortgage is set by a ship under construction, the mortgage can only take effect after registration.

D when several mortgages are set on the same ship, the mortgage contract shall prevail.

34. Company A insures its property with Insurance Company B ... Because Company A wants to apply for a loan from the bank, Company B will directly hand over the insurance policy to the bank according to Company A's instructions ... Which of the following statements is correct?

A. the insurance contract is not established because the insurance policy has not been delivered to company a.

B. If the contents of the insurance policy are inconsistent with those of the insurance application, the insurance application shall prevail.

C. when company b agrees to underwrite, the insurance contract is established.

D. if company a fails to pay the insurance premium, the insurance contract will not be established.

35. According to the Civil Procedure Law revised by 20 12, which of the following options is wrong about the expression of public interest litigation?

A. The establishment of public interest litigation rules embodies the concept of rule of law governing the country according to law.

The subject of public interest litigation is limited to the organs or groups authorized by law.

C. the establishment of public interest litigation rules is conducive to ensuring the comprehensive and coordinated development of China's economy and society.

D. public interest litigation must be based on actual damage.

36. Law enforcement for the people is the essential requirement of socialist rule of law. Accordingly, courts and judges should abide by the litigation procedures and fulfill the obligation of interpretation in civil trials. Which of the following trial acts meets the requirements of law enforcement for the people?

A. In the dispute between Li and Zhao, the judge explained the statute of limitations to Zhao and suggested that Zhao put forward a defense of the statute of limitations.

B in the case of Zhang's recovery of alimony, the judge ruled ex officio that it should be executed first.

C. In the divorce case of Du Mou v. Yan Mou, the judge explained to the parties that they could claim divorce damages at the same time.

D. In the case of the dispute between Luo Mou and Huaxing Company over the house sales contract, the judge took the initiative to investigate at the scene, which supported Luo Mou's request.

37. Which of the following statements about the classification of litigation is correct?

A. Sun's application to the court to confirm that his wife has no capacity for civil conduct is a lawsuit of confirmation.

B. Zhou applied to the court to declare his marriage invalid, which is a change lawsuit.

C. After Zhang agreed to divorce Wang, he sued the court for divorce damages, which was a lawsuit of payment.

D. Zhao appealed to the court on behalf of her daughter, asking her ex-wife to increase the alimony from 1000 yuan to 2,000 yuan per month, which is a complaint of payment.

38. Which of the following options is correct about the expression of the capacity of the parties and legal parties?

A generally speaking, whether the parties have a definite interest in the subject matter of litigation should be used as a criterion to judge whether the parties are qualified.

Generally speaking, the litigant is the legal party to this case.

C. minors have no legal capacity.

D the liquidation group of a bankrupt enterprise has the right to manage the property of the bankrupt enterprise, and can sue or respond to the lawsuit in the name of the enterprise.

39. Which of the following options is correct about the court's service behavior?

A. Bring a lawsuit to the court because Ma is not qualified as a voter. Because Ma refused to sign the judgment, the court served him with a lien order.

B. The court mailed the court summons to Ge, but Ge did not send back the service receipt, so the service was invalid and should be re-served.

C. When hearing the case of loan dispute between Zhang and Zhao, our college entrusted Zhao's school to serve the copy of the complaint and the notice of responding to the lawsuit on its behalf.

D with permission, the court will send him the ruling of evidence preservation by e-mail.

40. Dapi Company sued Xiaohua Company for a sales dispute, and both parties agreed on a 25-day proof period, which was recognized by the court. After the expiration of the time limit, Xiaohua Company proposed that there were still invoices not provided, and the application for extending the time limit for proof was rejected by the court. Xiaohua Company submitted the invoice to the court during the trial. Despite the opposition of Dapi Company, the court still conducted cross-examination of the evidence after imposing a fine on Xiaohua Company. Which of the following litigation acts does not meet the relevant provisions of the time limit for adducing evidence?

A. Both parties agree to determine the time limit for presenting evidence.

B. Both parties have set a 25-day time limit for presenting evidence.

C Xiaohua Company applies for extending the time limit for presenting evidence after the time limit for presenting evidence expires.

D. The court ignored the opposition of Dapi Company and organized cross-examination.

4 1. Which of the following statements is incorrect about the simplicity of summary procedure?

A. The acceptance procedure is simple, and it can be accepted and tried immediately.

B The trial procedure is simple and can be conducted out of the order of court investigation and court debate.

C the content of the trial transcript is simple, and the usual procedural contents such as the notification of litigation rights and obligations and the defense opinions of the original defendant. It may not be recorded.

D the judgment document is simple, which can simplify the fact finding or judgment reason part of the judgment document.

42. A city court accepted the divorce proceedings between Guo, a native of China, and Jenny, a foreigner. Guo entrusted lawyer Huang as the agent, and the power of attorney only stated that the scope of agency was "full agency". Which of the following options is correct about the principal-agent statement?

A Guo has entrusted an agent, so he may not appear in court to participate in the proceedings.

B the court can serve litigation documents on lawyer Huang, and the signature is valid.

C. Huang Can's lawyer waived the claim on his behalf.

D if Jenny wants to entrust an agent to represent her, she must entrust a citizen of China.

43. Among the following options, the court's trial behavior can only occur at the trial stage?

A. Service of legal documents

B. Organize the parties to conduct cross-examination

C. mediating disputes and promoting reconciliation between the parties

D. Add the parties who must participate in the proceedings

44. Injured by Tian, Jia County Court filed a lawsuit for personal injury compensation, which was accepted by Jia County Court. Which of the following options is correct about the legal consequences of being sued?

A.he's statute of limitations was interrupted.

B. Tian's defensive period begins to count.

C. the county court has exclusive jurisdiction.

D. Tian became a qualified defendant

45. Which of the following statements about the basic principles of civil procedure is correct?

A foreigners enjoy the same litigation rights and obligations as China people in civil litigation in China, which embodies the principle of equal litigation rights of the parties.

B. The court did not make a factual determination according to the self-admission of the parties, which violated the principle of punishment.

C. When the legal relationship advocated by the parties is inconsistent with the determination made by the court according to the facts of the case, the parties may change the claim according to the principle of punishment.

D. Environmental organizations bring public interest litigation to the court, which embodies the principle of supporting prosecution.

46. Wu Mou, county A, and Baofeng Company, county B signed a sales contract for sweet oranges in county C.. After the arrival of the goods, it was found that the sweet orange began to rot and could not meet the quality standards agreed in the contract. Wu Mou returned the goods fruitlessly, and intends to file a lawsuit with the court. In order to prove the damage of sweet orange, he applied to the court for evidence preservation before the lawsuit. Which of the following statements is correct about pre-litigation preservation?

A. Wu Mou may apply to the courts of counties A, B and C for evidence preservation before litigation.

B the court shall decide whether to preserve the application within 15 days after receiving the application.

C. When preserving evidence, the court can take the initiative to take action preservation measures to reduce the losses of Wu Mou.

D if the court adopts evidence preservation measures, Wu Mou can be exempted from the responsibility of providing evidence for the damage of sweet oranges.

47. Which of the following options is correct about the expression of foreign-related civil litigation jurisdiction?

A. The courts in China have jurisdiction over any foreign-related litigation that has a certain practical connection with the seat of the court in China, which embodies the principle that the litigation has a practical connection with the seat of the court.

B. On the premise of not violating the hierarchical jurisdiction and exclusive jurisdiction, the parties can agree on the jurisdiction courts of various foreign-related civil cases, which embodies the principle of respecting the parties.

C contract disputes between Chinese-foreign joint ventures and other civil subjects are completely under the jurisdiction of China courts, which embodies the principle of safeguarding national sovereignty.

D. Major foreign-related cases are under the jurisdiction of courts above the intermediate level, which embodies the principle of facilitating the litigation of the parties.

48. Party A is entitled to the creditor's right of RMB 654.38+10,000 Yuan against Party B, and Party B is unable to pay off the debt, so it is slow to exercise the creditor's right of RMB 0/0.5 million Yuan against Party C, so Party A brings a subrogation lawsuit against Party C, and the court adds Party B as a third party according to law. If Party A wins the case in the first instance, Party C shall pay Party A RMB 654.38 million. Both Party B and Party C appealed. Party B requests the court to order Party C to pay the remaining debt of 50,000 yuan, and Party C requests the court to order Party A's creditor's rights against Party B to be invalid. Which of the following options is correct about the statement of the status of the parties in the second instance?

A.c is the appellant and A is the appellee.

B.b and c are appellants, and A is appellee.

C.b is the appellant, and A and C are the appellees.

D. C is the appellant, and Party A and Party B are the appellees.

49. Regarding procuratorial supervision, which of the following options is correct?

A. A county procuratorate thinks that the effective judgment of B county court is wrong in applying the law, and puts forward procuratorial suggestions to it.

B, C City Procuratorate put forward procuratorial suggestions to the Arbitration Commission on this contract dispute, requesting re-arbitration.

C. Dingxian County Procuratorate believes that a judge of Dingxian County Court took bribes when making a dismissal judgment, and put forward procuratorial suggestions to the court.

D wuxian procuratorate thinks that there is a procedural error in wuxian court's judgment that citizens are persons without civil capacity, and reports it to the higher procuratorate to lodge a protest.

50. Company A v. Company B for patent infringement, and whether Company B infringes becomes the focus. Entrusted by the court, C Appraisal Center issued an appraisal opinion and found the infringement. Company B raised an objection and applied for Professor Yan from a university to appear in court to explain his professional opinions. Which of the following options is correct about evaluation?

The third-class appraisal center may ask the parties in the appraisal process.

Except for those who cannot appear in court for legitimate reasons, the appraisal center shall send personnel to appear in court.

C. If Professor Yan appears in court, his litigation status is an expert witness.

D. Professor Yan's legal fees are paid in advance by Company B, and ultimately borne by the losing party.