问题 单项选择题

我国“协航”号轮与甲国“瑟皇”号轮在乙国领海发生碰撞。“协航”号轮返回中国后,“瑟皇”号轮的所有人在我国法院对“协航”号轮所属的船公司提起侵权损害赔偿之诉。在庭审过程中,双方均依据乙国法律提出请求或进行抗辩。根据这一事实,下列哪一选项是正确的?()

A.因双方均依据乙国法律提出请求或进行抗辩,故应由当事人负责证明乙国法律,法院无须查明

B.法院应依职权查明乙国法律,双方当事人无须证明

C.法院应依职权查明乙国法律,也可要求当事人证明乙国法律的内容

D.应由双方当事人负责证明乙国法律,在其无法证明时,才由法院依职权查明

答案

参考答案:C

解析:

[考点] 外国法的查明

 我国法院在审理案件时,一贯实行“以事实为根据,以法律为准绳”的原则,当依据我国冲突规范的制定,应当适用的法律为外国法时,人民法院有责任查明外国法的内容,当事人也有举证的责任。为此,《民通意见》第193条规定,对于应当适用的外国法律,可通过下列途径查明:①当事人提供;②由于我国订立司法协助协定的缔约对方的中央机关提供;③我国驻该国使领馆提供;④由该国驻我国使馆提供;⑤由中外法律专家提供。选项C与我国现行法律规定一致,故正确。选项D认为当事人必须先查证外国法,法院查证补充的观点与我国立法相悖。

阅读理解

For many years scientists have said that the earth is getting warmer. Now they have found something new-hot cities! In the southern US, they have found that cities become very hot in summer. For example, the city of Atlanta in Georgia has roof(屋顶) temperature of up to 50oC while it is 27℃ in the streets! At night, the outside of buildings stays so hot that the heat of the city causes storms over the city!

China also has the same kind of problems. Every year more farmland is used for factories or offices. More housing is needed, too. As people become richer, they buy more cars. New roads are needed and new car parks are built in the city centers. This all makes cities hotter.

It isn’t easy to change the situation. City planners say that we should plant more trees in the middle of cities. Every new street should have trees on both sides, they say. Trees make the temperature lower, so we should have more trees in our parks and squares. We should also paint our roofs white. If we do this, they do not become so hot. Every roof in a hot and sunny country should have solar(太阳的) roof panels. The electricity from these can be used to run the air conditioners (空调)in the buildings.

People continue to cut down forests around the cities. This makes the problem worse. Cities are growing faster and faster. By the year 2025, four fifths(五分之四) of the population will be living in cities. If we go on like this, there will not be enough farmland to feed everyone in the world

小题1:The scientists have found       .

A.cities become very hot in summer

B.Atlanta is the hottest city in America

C.there are not as many storms as before

D.it is not as hot on the roof as in the street小题2:The way to make the city cooler is to       .

A.plant more trees

B.try to use air conditioners more

C.build more parks and squares

D.paint the roofs of all the white buildings小题3:What will probably happen in the future according to the fourth paragraph(段落)?

A.Cities won’t grow very fast

B.We will not have enough food

C.Most people will move to the countryside

D.People will plant more trees outside the cities小题4:What is the best title(题目)for the passage?

A.More Farmland Is Needed

B.Trees Make Cities Cooler

C.Cities Are Getting Hotter

D.Scientists Are Worried About Storms

多项选择题