问题 问答题 简答题

简述民法的渊源。

答案

参考答案:

民法的渊源,又称民法的法源,是指民事法律规范的来源或表现形式。我国民法的渊源主要是指国家有关机关在其职权范围内制定的有关民事的规范性文件,主要包括:

(1)法律。法律是指全国人民代表大会和全国人民代表大会常务委员会制定的规范性文件。包括:宪法、民事基本法、民事单行法和其他法律中的民法规范。

(2)法规。法规包括行政性法规和地方性法规。

(3)规章。规章是指国务院各部(委)和地方人民政府为贯彻法律、法规,在其权限范围内制定的规范性文件。

(4)最高人民法院的司法解释。最高人民法院有权就法律适用中的问题作出解释。最高人民法院的司法解释包括关于贯彻执行法律的意见、适用法律的解答、就某案件如何适用法律的批复等,也是民法的重要渊源。

(5)国家政策和习惯。

填空题
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阅读理解

     Last month, James Connolly, a junior at the University of Massachusetts, stood in front of a local

police station wearing a toga (长袍) as punishment.

     His crime? He was charged with underage drinking, illegal possession of alcohol and too much noise

while holding a party.

     This shaming punishment has increased in the US in recent years, mostly imposed (强加) by local

judges for less-serious crimes, such as drunk driving and theft.

     They believe shame is the best petty crime deterrent (威慑). For example, in Tennessee, Judge James McKenzie has made shoplifters stand outside Wal-Mart with signs that read, "I am a thief put here by

order of Judge McKenzie."

     "Alternative punishments like community service and fines don't convey moral condemnation of the

criminal," said Dan Kahan, a University of Chicago Law School professor, in an article published on the

university's website. "They aren't shameful enough."

     Supporters of shaming punishment argue that public shaming is a good way of expressing community

values. Some judges say shamed offenders seldom repeat their crimes.

     Others aren't so sure. "There is little evidence to suggest that shaming punishments are successful in

preventing people from committing specific crimes. And a shamed criminal may face a hard battle to

regain trust in society," said Hosmanek. "So, a shaming punishment may force the offender into more

crimes to support himself."

1. According to the passage, wearing a toga in public is a(n)________.

A. honour  

B. shame

C. duty  

D. crime

2. Connolly was punished for________.

A. shoplifting  

B. drunk driving

C. serious crimes  

D. petty crimes

3. Which of the following is the most effective in preventing petty crimes according to Professor Kahan?

A. Getting a fine for what one has done.

B. Apologizing to the police for one's wrongdoing.

C. Holding a sign in public that announces one’s own crime.

D. Being forced to work for the community without being paid.

4. According to Hosmanek, shamed criminals are more likely to commit new crimes because________.

A. it's difficult for them to find a job

B. they no longer have a sense of shame

C. there's too much fighting in society

D. they do not want to do any work

5. This passage is mainly about________.

A. crime deterrent  

B. alternative punishments

C. shaming punishment  

D. community values