问题 单项选择题

甲将从上游水源流下的水截留在自己的土地,土地位于下游的乙要求甲停止截留。根据民法规定,乙所行使的权利为()。

A.使用权

B.地上权

C.地役权

D.相邻权

答案

参考答案:D

解析:

[考点] 相邻权

相邻权指不动产的所有人或使用人在处理相邻关系时所享有的权利。具体来说,在相互毗邻的不动产的所有人或者使用人之间,任何一方为了合理行使其所有权或使用权,享有要求其他相邻方提供便利或是接受一定限制的权利。相邻权实质上是对所有权的限制和延伸。地上权又称“借地权”,是指以在他人土地上有建筑物或其他工作物为目的而使用他人土地的权利。地役权,是指为使用自己不动产的便利或提高其效益而按照合同约定利用他人不动产的权利。

其一,地役权是按照当事人的约定设立的用益物权。

其二,地役权是存在于他人不动产上的用益物权。

其三,地役权是为了需役地的便利而设立的用益物权。

因此选项D是正确的。

单项选择题
问答题

The teaching of English as a second language (ESL) in schools has had a history of conflicting arguments, interesting innovations and some very positive methodological changes. To understand the present situation, it is necessary to consider the past and the wider educational context which has a hearing on it.

Until quite recently, approaches to ESL work have been ply influenced by methods developed to teach English as a foreign language to older learners. These methods placed much emphasis on drills, exercises and remedial programs that focus on language in abstraction. 46) The prescriptive nature of such methods and the demands they made on the teacher’s time developed the belief that ESL work could be tackled only by the specialist ESL teacher working with small groups of children. Such an approach does not fit comfortably into current notions of learning and teaching in the primary school, nor does it sufficiently equip ESL learners in the secondary school to benefit from normal schooling. 47) In prescribing what language is to be taught, it has ignored what children bring to the learning task and the choices they make about how and what they want to learn. Furthermore, the location and organization of language provision did not measure up to the demand. 48)The language centers and English language services all contributed to providing special and concentrated teaching of English as a second language in small groups, varying in size from four or five to fifteen. Whatever the pattern of provision, the main aim was to give pupils sufficient English to enable them to join normal schools as quickly as possible. The success of such special provision depended very much on the close and constant liaison of language teachers with the subject teachers and the class teachers and on the continuity of learning experiences provided by them. 49)One of the important disadvantages of language centers and withdrawal groups was that ESL children were being taught away from those English -speakers who provide the most powerful models, i. e. their peer group. Peer-group interaction is an important element in any learning situation, but its particular strengths in a classroom with ESL learners cannot be overemphasized.

50) The separation of second language learners from the mainstream classroom cannot easily be justified on educational grounds, since in practice it leads to both their curriculum and language learning being impoverished.

Notes: context 环境。bear on 对......有影响,关系到...... 。例如:I don’t see how this bears on the matter. (我不明白这一点与那些事的关系。)liaison n. 联结。liaison of A with A与B之间的联系。

48)The language centers and English language services all contributed to providing special and concentrated teaching of English as a second language in small groups, varying in size from four or five to fifteen.