问题 多项选择题

关于大陆法系的描述,下列哪些选项是正确的?()

A.在大陆法系国家,正式的法律渊源只是指制定法,法理、判例等没有正式的法律效力

B.公法和私法是大陆法系国家法的基本分类

C.大陆法系国家的法律往往以编纂而成的法典形式出现

D.在诉讼程序方面,大陆法系国家一般采用对抗制,实行当事人主义,法官一般充当消极的、中立的、裁判者的角色

答案

参考答案:A, B, C

解析:大陆法系的特点以及同英美法系的区别。在大陆法系国家,正式的法律渊源只是制定法,而法院的判例、法理等没有正式的法律效力。大陆法系中法律的基本分类是公法和私法的划分,而英美法系中没有公法和私法的划分,主要是分为普通法和衡平法。在法典编纂上,大陆法系国家承袭古代罗马法的传统,一般采用法典的形式,英美法系国家的制定法往往是单行法律、法规。在诉讼程序上,大陆法系国家一般采用审理方式,奉行干涉主义,诉讼中法官居于主导地位;英美法系国家则采用对抗制,实行当事人主义,法官一般充当消极的、中立的裁判者的角色。

阅读理解

阅读理解。

     When I was at university, I studied very hard. But a lot of my friends did very little work. Some did just

enough to pass exams. Others didn't do quite enough. Fred Baines was one of them. He spent more time

drinking in the Students' Union than working in the library.   

     Once at the end of the term, we had to take an important test in chemistry. The test had a hundred

questions. In my room the night before the test, Fred was watching TV. Fred usually worried a lot the night

before a test. But on that night he looked perfectly calm. Then he told me of his plan. "It's very simple. There

are a hundred questions and I have to get fifty correct to pass the test. I'll take a coin into the examination

room. I haven't studied a chemistry book for months, so I'll just toss the coin. That way, I'm sure I'll get half

the questions right."   

     The next day, Fred came happily into the exam room. As he sat tossing a coin for half an hour he marked

down his answers. Then he left, half an hour before the rest of us.   

     The next day, he saw the chemistry professor in the corridor. "Oh, good," he said, "Have you got the result

of the test?" The professor looked at him and smiled, "Ah, it's you, Baines. Just a minute." Then he reached

into his pocket and took out a coin. He threw it into the air, caught it in his hand and looked at it.   

     "I'm terribly sorry, Baines," he said, "You failed!"

1. This story mainly wants to tell us ________.

A. chemistry is really hard to learn

B. there were too many questions for students to prepare for

C. good exam results needs hard study

D. tossing a coin can not always decide the result

2. Fred Baines was one of those who ________.

A. did just enough to pass the exam

B. didn't work hard enough for their studies

C. had too much other work for the Students' Union

D. were quite good at passing exams

3. Fred came happily into the exam room because ________.

A. he had got ready for the exam

B. he knew the answers already

C. the other students would be behind him

D. he had his way to finish the exam

4. The chemistry exam in fact ________.

A. was not very hard

B. took the other students an hour to finish

C. had more than one hundred questions

D. needed to be done by tossing a coin

5. The professor tossed the coin to tell Baines that ________.

A. he was satisfied with his way for the exam

B. he wanted to make friends with him

C. his way for the exam would never work

D. the exam result depended on the coin

判断题