问题 单项选择题

出租车司机甲送孕妇乙去医院,途中乙临产,情形危急。为争取时间,甲将车开至非机动车道掉头,被交警拦截并被告知罚款。经甲解释,交警对甲未予处罚且为其开警车引道,将乙及时送至医院。对此事件,下列哪一项表述是正确的( )

A.在此交通违章的处理中,交警主要使用了形式逻辑的推理方法

B.警察对违章与否的解释属于“行政解释”

C.在此事件的认定中,交警进行了法的价值判断

D.此事件所反映出的价值之间没有冲突

答案

参考答案:C

解析: 本题考点:法律价值、法律解释、法律推理。详解:在此交通违章的处理中,交警主要使用了辩证推理方法,而非形式推理(包括演绎推理和归纳推理),因此选项A错误。行政解释,与立法解释和司法解释一样,都属于正式解释,具有普遍约束力,而本案中察对违章与否的解释针对的对象是特定,而且是一次适用,因此选项B错误。价值判断与事实判断在判断的取向上不同。价值判断,以主体(人)为取向尺度;而事实判断,以现存的法律制度作为判断的取向。在本案,交警并没有以法律为判断取向,而是以人为取向。因此,选项C正确。此事件反映出交通规则所体现的秩序价值与孕妇的身体健康的利益价值之间的冲突,因此选项D错误。做对本题难度不大(排除法),但选项C有一定难度。

口语交际,情景问答题
阅读理解

The other day I heard a few local musicians talking, "I hate all the pianos in this town and I hate that rubbish they play on the radio. They cannot even understand rhythm (韵律).""Nobody wants to pay musicians anything. I’m sick of all the people who want you to play without paying you.” One younger musician said, "There are a couple of clubs who want me to play for a few nights a month, and I’m trying to find other places to play. I’m also planning to join in several summer festivals this year." I really liked what the younger musician said so I made friends with him.

Attitudes are important. Whether they’re positive or negative (消极的), they’re all rubbing off on you. If you’re around people who are always complaining(抱怨) or blaming (责备) others, it is possible that you will start doing the same as well. If you spend lots of time with people who don’t support your dreams, it is time to take a look at the people you call "friends".

There is an easy exercise you can try. Make a list of the people who you often stay with, and simply stop spending time with the negative people on your list. Set a new standard for yourself and don’t become friends with people who fall below that standard. The choice is always yours to make. Of course, this exercise is entirely different from making friends only for the good of oneself. We really should try to help and spend time with those who are working towards a goal or dream.

小题1:The musicians’ conversation at the beginning is to show that ______.

A.musicians’ living conditions are not good

B.people in that town have poor taste in music

C.different people have different attitudes

D.young people are more likely to succeed小题2: The underlined part "they’re rubbing off on you" in Paragraph 2 means ______.

A.they’ll push you ahead

B.they’ll have an influence on you

C.they’ll keep you from moving on

D.they’ll help you realize your dreams小题3:Why did the author want to make friends with the younger musician?

A.He is more active than the others.

B.He can earn more than the others.

C.He has more things to do than the others.

D.His attitude is more positive than the others.小题4:By doing the exercise mentioned in Paragraph 3, you can ______.

A.make the right kind of friends

B.improve your ability to make friends

C.develop a better relationship with your friends

D.make some new friends with the same interests as you小题5:We can get the following information from the passage EXCEPT ______.

A.the younger musician is a positive person and would be a good friend

B.one will start complaining if one spends too much time with negative people

C.the exercise can help you keep close to really helpful friends

D.one should avoid making friends with people who have lots of difficulties