问题 问答题

简述民法的基本原则。

答案

参考答案:我国民法的基本原则,是制定、解释、执行和研究我国民法的指导思想,是我国民法的社会主义本质的集中表现,也是我们进行民事活动必须遵循的法律准则。这些基本原则是: (1)平等原则。平等原则包括以下三个方面的含义:①民事主体在民法上都具有独立的法律人格;②任何民事主体在民事活动中都享有平等的法律地位;③任何民事主体依法取得的民事权益都受同等的法律保护。 (2)公平原则。公平原则主要表现为民法主体主观判断是否公正合理,但判断依据应具有客观性。 (3)意思自治原则。意思自治原则即自愿原则,是指个人得依其自由的意思形成民法上的权利义务关系。其含义包括意志自由、人身自由、财产自由、合同自由。 (4)诚实信用原则。该原则的内涵和外延具有很大收缩性。其要旨是要求民事主体在民事活动中维持双方利益平衡以及当事人利益与社会利益平衡。 (5)权利不得滥用原则。所谓权利不得滥用,就是要求民事活动当事人在行使权利和履行义务的过程中,实现社会利益与个人利益的平衡。其实质也是对意思自由的必要限制。 (6)遵守法律和公序良俗原则。遵守法律和公序良俗原则,也即是说民事活动要遵守法律,并尊重社会公德和社会公共利益。

判断题
单项选择题

Drug use is rising dramatically among the nation’s youth after a decade of decline. From 1993 to 1994, marijuana use among young people (1) from 12 to 17 jumped 50 percent. One in five high school seniors (2) marijuana daily. Monitoring the Future, which (3) student drug use annually, reports that negative attitudes about drugs have declined for the fourth year in a row. (4) young people see great risk in using drugs. Mood-altering pharmaceutical drugs are (5) new popularity among young people. Ritalin, (6) as a diet pill in the 1970s and now used to (7) hyperactive children, has become a (8) drug on college campuses. A central nervous system (9) , Ritalin can cause strokes, hypertension, and seizures. Rohypnol, produced in Europe as a (10) tranquilizer, lowers inhibitions and suppresses short-term memory, which has led to some women being raped by men they are going out with. (11) taken with alcohol, its effects are greatly (12) . Rock singer Kurt Cobain collapsed from an (13) of Rohypnol and champagne a month before he committed (14) in 1994. In Florida and Texas, Rohypnol has become widely abused among teens, who see the drug as a less expensive (15) for marijuana and LSD. Alcohol and tobacco use is increasing among teenagers, (16) younger adolescents. Each year, more than one million teens become regular smokers, (17) they cannot legally purchase tobacco. By 12th grade, one in three students smokes. In 1995, one in five 14-year-olds reported smoking regularly, a 33 percent jump (18) 1991. Drinking among 14-year-olds climbed 50 percent from 1992 to 1994, and all teens reported substantial increases in (19) drinking. In 1995, one in five 10th graders reported having been drunk in the past 30 days. Two-thirds of high school seniors say they know a (20) with a drinking problem.

13()

A.overtake

B.overdose

C.abuse

D.overuse