问题 单项选择题

根据国际法,下列关于国家责任的说法正确的是:()

A.国家元首在国外以私人身份从事的不法行为,除非特别说明,国家一般不承担相关责任

B.按照国际法,如果违反条约必须遵守原则,不履行有关的条约义务,就构成了国际不当行为,违约者应承担国际责任

C.外交使节执行职务内事项时越权,国家一般不承担责任

D.甲国一警察酒后开车撞死撞伤数人后逃逸,死者包括乙国驻甲国使馆随员,甲国迅速出动警力破案将肇事者抓获,针对乙国随员的死亡,甲国需承担责任

答案

参考答案:B

解析:国家元首,政府首脑、外交部长及外交使节,由于其在对外交往中的特殊地位及享有的在外国的特权与豁免,对于他们在国外私人身份的不法行为,除非特别说明,国家一般也承担相关的责任。故A项错误。可归因于国家行为的国家机关和国家授权人员的行为,一般地也包括他们以此种资格执行职务内事项时的越权或不法行为。这是由于对其职务内的行为或事项,外国很难判断他是否超越其国内指示或国内法规定而越权从事;而且这种判断越权的根据是其国内法,而国内法的规定不能当然地作为免除国际责任的理由。故C项说法错误。警察酒后开车属于其个人行为,一般私人或私人团体本身对外国或外国人的不法侵害不引起国家责任,除非该行为如果由于国家的失职造成,或国家对该行为进行纵容,则可能引起国家对本身失职或放纵行为的责任。D项并没有甲国对之的失职或纵容,故甲国不需承担责任,D项错误。国家违反条约,要承担国家责任,故B项当选。

单项选择题
单项选择题

Questions 6 to 10 are based on the following passage: (10 分)In previous generations, young people were under their parents’ control; now the teenagechildren of the West’s richest generation were ready for something to get excited about. The Beatlessimply put a spark to a fuse (导火线) that was waiting to be lit.Everything changed, and what changed for the Beatles was their lives and their working habits,in the midst of the hysterical (歇斯底里的)following the band attracted.. Because of the demand ofthe fans to see them perform, they played bigger and bigger venues (meeting places), especially inAmerica.But John, Paul, George and Ringo became increasingly unhappy that, because of the screamingof their fans, neither the band nor the audience could hear the music. Creatively frustrated and tiredof the pressures of life under siege (围攻) from their fans, they retired from playing concerts in 1966and decided to concentrate on recording.It was from this point that the brilliance of the Beades really began to reveal itself: they wouldrecord over their career some 200 songs. Never before nor since has any recording and writing groupeven developed and yet remained the same in the way the Beades did. Their songs never lost their universal appeal thanks to the warmth and timelessness of theirmelodies and lyrics.John and Paul were powerful singers with distinctive styles. It became apparent that, despite thefact that the songwriting credits were always equally attributed to them, Paul and John wrote andsang their own songs. George also contributed two or three of his own compositions to each of theBeatles eleven albums. Even Ringo wrote and sang the occasional song.

Which of the following is NOT true about the Beatles according to the passage

A.They made the young people of their time very excited.

B.They attracted a large following wherever they played.

C.They were always pleased with their popularity.

D.No other pop music group had ever recorded or written as many songs as they did.