问题 不定项选择

(2009年)

“在法学家们以及各个法典看来,各个个人之间的关系,例如缔结契约这类事情,一般是纯粹偶然的现象,这些关系被他们看作是可以随意建立或不建立的关系,它们的内容完全取决于缔约双方的个人意愿。每当工业和商业的发展创造出新的交往形式,例如保险公司等的时候,法便不得不承认它们是获得财产的新方式。”据此,下列表述正确的是?( )

A.契约关系是人们有意识、有目的地建立的社会关系

B.各个时期的法都不得不规定保险公司等新的交往形式和它们获得财产的新方式

C.法律关系作为一种特殊的社会关系,既有以人的意志为转移的思想关系的属性,又有物质关系制约的属性

D.法律关系体现的是当事人的意志,而不可能是国家的意志

答案

参考答案:A,C

解析:本案考核法律关系。   选项A正确。体现了“意思自治”原则。   选项B错误。在有保险公司的时期的法律才有规定。   选项C正确。是符合马克思的法律的本质学说的。   选项D错误。有些法律关系的产生,不仅要通过法律规范所体现的国家意志,而且要通过法律关系参加者的个人意志表示意志。也有很多法律关系的产生,并不需要特定法律主体的意志。

单项选择题

D

People often say that the Englishman’s home is his castle. They mean that the home is very important and personal to him. Most people in Britain live in houses rather than flats, and many people own their homes. This means that they can make them individual(个体的); they can paint them, and change them in any way they like. Most houses have a garden, even if it is a very small one, and the garden is usually loved. The house and the garden are the private(私人的) space of the individual.

People usually like to mark their space. Are you sitting now in your home or on a train Have you marked the space around yourself as yours If you are on the train you may put your coat or small bag on the seat beside you. If you share a flat you may have one corner or chair which is your own.

Once I was travelling on a train to London. I was in a section for four people and there was a table between us. The man on the opposite side to me had his briefcase on the table. There was no space on my side of the table at all. I was angry. Maybe he thought that he owned the whole table. I had read a book about nonverbal communication, so I took various papers out of my bag and put them on his briefcase! When I did this he stiffened and his eyes nearly popped(瞪出)out of his head. I had invaded(侵犯)his space! A few minutes later I took my papers off his case in order to read them. He immediately moved his case to his side of the table. Of course, it is possible that he just wanted to be helpful to me!

If you are visiting another country you may feel that you don’t have any private space. Hotel rooms look much the same in every country in the world. All day long, you share public spaces with other people. You see the local people in their private spaces and you feel lonely and "outside". Local people can create their private spaces by talking about things you don’t know about. And you even feel that they like you to be outside them so that they will enjoy being inside even more! This is one of the difficulties of being a traveller! But if you understand it then it helps you. Haven’t you enjoyed being part of a group and" owning" a bit of space

The main purpose of the passage is to tell readers to ().

A.own private spaces by living in houses

B.have one corner of their own in public places

C.realize the importance of "space" in communication

D.create their private spaces by talking with local people

填空题