问题 单项选择题

A国使馆人员甲某在我国盗窃了我国公民乙某手机两部,价值3000元,对于甲某的法律适用,下列表述哪一项是最恰当的

A.仅适用《维也纳外交关系公约》

B.仅适用《中华人民共和国外交特权与豁免条例》

C.仅适用《中华人民共和国刑法》

D.适用《维也纳外交关系公约》和《中华人民共和国外交特权与豁免条例》

答案

参考答案:D

解析: 本题的考点是条约在国内的适用。对于条约在国内的适用和地位问题,我国《宪法》并没有给予明确统一的规定。从其他国内法的角度来看,条约在国内的适用模式有三:(1)条约直接适用,比如《民事诉讼法》第239条的规定。 (2)条约与相关国际法并行适用,比如《维也纳外交关系公约》和《中华人民共和国外交特权与豁免条例》,这就是本题中的D选项,应该人选。 (3)条约须经过国内法转换才能适用。比如《香港特别行政区基本法》第39条的规定。因此,C项并没有解决具体如何适用的问题,不能人选。现行1986年《中华人民共和国外交特权与豁免条例》第14条第1款规定,外交代表享有刑事管辖豁免。1961年《维也纳外交关系公约》第31条第 1款规定,外交代表对接受国之刑事管辖享有豁免。我国于1975年11月25日交存加入书,1个月后该公约对我国生效。所以,根据“条约必须遵守”的原则,应当适用《维也纳外交关系公约》,同时《中华人民共和国外交特权与豁免条例》是我国全国人大常委会发布的,是我国现行有效立法,也应适用,故AB项都过于片面,不能人选。

填空题

"Universal history, the history of what man has accomplished in this world, is at bottom the History of the Great Men who have worked here," wrote the Victorian stage Thomas Carlyle. Well, not any more it is not.

Suddenly, Britain looks to have fallen out with its favourite historical form. This could be no more than a passing literary craze, but it also points to a broader truth about how we now approach the past: less concerned with learning from forefathers and more interested in feeling their pain. Today, we want empathy, not inspiration.

From the earliest days of the Renaissance, the writing of history meant recounting the exemplary lives of great men. In 1337, Petrarch began work on his rambling writing De Viris Illustribus—On Famous Men, highlighting the virtus (or virtue) of classical heroes. Petrarch celebrated their greatness in conquering fortune and rising to the top. This was the biographical tradition which Niccolo Machiavelli turned on its head. In The Prince, the championed cunning, ruthlessness, and boldness, rather than virtue, mercy and justice, as the skills of successful leaders.

Over time, the attributes of greatness shifted. The Romantics commemorated the leading painters and authors of their day, stressing the uniqueness of the artist’s personal experience rather than public glory. By contrast, the Victorian author Samual Smiles wrote Self-Help as a catalogue of the worthy lives of engineers, industrialists and explores. "The valuable examples which they furnish of the power of self-help, if patient purpose, resolute working and steadfast integrity, issuing in the formulation of truly noble and many character, exhibit," wrote Smiles. "what it is in the power of each to accomplish for himself" His biographies of James Walt, Richard Arkwright and Josiah Wedgwood were held up as beacons to guide the working man through his difficult life.

This was all a bit bourgeois for Thomas Carlyle, who focused his biographies on the truly heroic lives of Martin Luther, Oliver Cromwell and Napoleon Bonaparte. These epochal figures represented lives hard to imitate, but to be acknowledged as possessing higher authority than mere mortals.

Communist Manifesto. For them, history did nothing, it possessed no immense wealth nor waged battles: "It is man, real, living man who does all that. "And history should be the story of the masses and their record of struggle. As such, it needed to appreciate the economic realities, the social contexts and power relations in which each epoch stood. For: "Men make their own history, but they do not make it just as they please; they do not make it under circumstances chosen by themselves, but under circumstances directly found, given and transmitted from the past. "

This was the tradition which revolutionized our appreciation of the past. In place of Thomas Carlyle, Britain nurtured Christopher Hill, EP Thompson and Eric Hobsbawm. History from below stood alongside biographies of great men. Whole new realms of understanding—from gender to race to cultural studies—were opened up as scholars unpicked the multiplicity of lost societies. And it transformed public history too: downstairs became just as fascinating as upstairs.

 

[A] emphasized the virtue of classical heroes.
41. i Petrarch[B] highlighted the public glory of the leading artists.
42. Niccolo Machiavelli[C] focused on epochal figures whose lives were hard to imitate.
43. Samuel Smiles[D] opened up new realms of understanding the great men in history.
44. Thomas Carlyle[E] held that history should be the story of the masses and their record ofstruggle.
45. Marx and Engels[F] dismissed virtue as unnecessary for successful leaders.
 [G] depicted the worthy lives of engineer industrialists and explorers.

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