问题 单项选择题

在某涉外合同纠纷案件审判中,中国法院确定应当适用甲国法律。关于甲国法的查明和适用,下列哪一说法是正确的?()

A.当事人选择适用甲国法律的,法院应当协助当事人查明该国法律

B.该案适用的甲国法包括该国的法律适用法

C.不能查明甲国法的,适用中华人民共和国法律

D.不能查明甲国法的,驳回当事人的诉讼请求

答案

参考答案:C

解析:

外国法的查明和适用

选项A错误。《涉外民事关系法律适用法》第十条第一款规定,涉外民事关系适用的外国法律,由人民法院、仲裁机构或者行政机关查明。当事人选择适用外国法律的,应当提供该国法律。

选项B错误。《涉外民事关系法律适用法》第九条规定,涉外民事关系适用的外国法律,不包括该国的法律适用法。

选项C正确,选项D错误。《涉外民事法律关系适用法》第十条第二款规定,不能查明外国法律或者该国法律没有规定的,适用中华人民共和国法律。据此可知,不能查明甲国法的,直接适用中国法律,而非驳回当事人的诉讼请求。

多项选择题
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C

  What comes as a shock to many Westerners may be the unfriendly way that some Chinese treat waiters and waitresses in restaurants and bars. Over the last few years,as many in Beijing have made fortunes,I and many of my foreign friends have noticed a downturn in the treatment of those who work all hours and often live in terrible conditions to bring us our food,guard our homes and sell us clothes.It's not the common citizens,but the young nouveau riches(暴发户) Chinese in Beijing who are mostly guilty of this both social and human misbehavior.

  It is not unusual to see and hear these people,especially the young women among their ranks,speaking rudely to the waiters and waitresses,as they sit there in the misguided belief that the latest mobile phone,a new car and designer clothes give them the right to talk to people like dirt.In one recent incident(事件) in an expensive restaurant near where I live ,I overheard the table next to me,two guys and a girl,tell the waitress "You really are stupid ",because she had brought them two glasses instead of three.They all burst into loud laughter as the young girl ran away to fetch another.In anther incident I saw a waitress reduced to tears as four well-dressed girls criticized everything from her accent to her looks.

  Lately I have noticed that this rather unpleasant aspect of the nouveau riches has been taken up by many of their foreign peers(同类人).So I ask Beijing's bright young things to set a good example,and treat all people with equal respect.And I urge foreigners to follow the good examples of their Chinese language teachers and textbooks while adding some of the pleasantries of their own cultures,so that cultural interpenetration(相互渗透) has a positive influence and not a negative one.

  Here I'd like to leave you with the words from Confucius:"What you do not wish for yourself, do not "do to others."

  64.The writer has noticed that less respect is shown to _______ in Beijing in recent years.

   A.common citizens          B.waiters and the like

   C.young nouveau riches      D.some foreigners

  65.The two incidents mentioned in Paragraph 2 are used to show ______.

   A.waiters and waitresses can make excusable mistakes

   B.waitresses are usually too shy to be laughed at

   C.some Beijingers are too particular about restaurant service

   D.what's being talked about is not rare

  66.The young Beijingers are asked to set a good example in order to ______

   A.have good influence over foreigners

   B.leave a good impression on foreigners

   C.educate younger Chinese

   D.develop traditional Chinese culture

  67.The origial title of the article is most likely to be _______.

   A.One Dark Side of the Bright Chinese Capital

   B.Beijing's Young Nouveau Riches,Watch Out

   C.Dno't Throw Away Good Manners,Please

   D.People Like Waiters Live at Bottom of Society