问题 多项选择题

甲和乙签订合同,约定甲运送100台空调给乙,乙收到空调后的15日内一次性付清货款20万元,后甲和乙就此合同引发纠纷,甲将乙诉至法院,则关于本案下列说法中正确的是:()

A.如果甲承认运送给乙的空调存在严重的质量问题,但在法庭辩论前又否认这一事实,则乙仍然应当就甲运送给自己的空调存在严重质量问题的事实进行举证

B.如果甲和乙就甲是否实际运送空调的事实引发争议,则应当由甲承担举证责任

C.如果乙主张合同关系终止,则其应当对引起合同关系终止的事实承担举证责任

D.如果合同是由丙代甲签订的,甲在诉讼中主张丙无代理权,而乙主张丙具有代理权,则应当由甲就丙无代理权的事实承担证明责任

答案

参考答案:B, C

解析:考查自认的效力和合同纠纷案件中证明责任的分配,A项错误,根据《证据规定》第8条的规定,当事人在法庭辩论终结前撤回承认并经对方当事人同意,或者有充分证据证明其承认行为是在受到胁迫或者重大误解情况下作出且与事实不符的,不能免除对方当事人的举证责任。根据《证据规定》第5条的规定,在合同纠纷案件中,主张合同关系成立并生效的一方当事人对合同订立和生效的事实承担举证责任:主张合同关系变更、解除、终止、撤销的一方当事人对引起合同关系变动的事实承担举证责任。对合同是否履行发生争议的,由负有履行义务的当事人承担举证责任。对代理权发生争议的,由主张有代理权的一方当事人承担举证责任。故BC正确,D项错误。

阅读理解

Five Olympic mascots were announced exactly 1000 days before the Beijing Olympic opening ceremony. The long--anticipated mascots represent four of China's most popular animals — the fish, the panda, the Tibetan antelope and the swallow .The fifth mascot is the brightly burning Olympic flame.

Each of the mascots has a repeated two-syllable name. This type of name is a traditional way of showing affection for children in China. BeiBei is the fish, JingJing is the panda, HuanHuan is the Olympic flame, YingYing is the Tibetan antelope and NiNi is the swallow. The first characters of their two-syllable names read “Beijing Huanying Ni,” or, in English, “Welcome to Beijing.” 

The five elements of nature, including the sea, forest, fire, earth and sky are found in the mascot's origins and headpieces. These special headpieces also display the folk and culture of China. Each mascot also symbolizes a different blessing ---prosperity, happiness, passion, health and good luck.

It is the first time more than three mascots will share the important duty of representing their host country. Han Meilin, chief of the mascot design team explained that, “China has such a rich culture that no single mascot could possibly represent it! That is why we chose to produce five mascots instead of one.”

Called the “Five Friendlies,” the figures embody(体现) the Chinese people’s hope for peace and friendship in the world and the spirit of the Olympics, representing not only multi-ethnic(多民族的) cultures of China, but also the traditional Chinese philosophy of harmony between humans and nature.

In order to help Beijing 2008 spread its theme of One World, One Dream to every continent, the Five Friendlies reflect the deep desire of the Chinese people to reach out to the world in friendship through the Games — and to invite every man, woman and child to take part in the great celebration of human union in 2008. 

1. What’s the theme of Beijing 2008 Olympics?

A.Welcome to Beijing.

B.Prosperity, Happiness, Passion, Health and Good luck.

C.New Beijing, New Olympics.

D.One World, One Dream.

2. What did Han Meilin, chief of the mascot design team, think of the five mascots?

A.He thought highly of the five mascots.

B.No single mascot could represent China.

C.The five mascots represented the culture of China.

D.They would reflect the desire of Chinese people.

3. Which of the following statements is not true?

A.It’s for the first time that five mascots are chosen to represent their host country in the Olympic history.

B.One of the five mascots YingYing stands for the Olympic flame.

C.Beijing announced its five 2008 Olympic mascots just 1000 days before the big event.

D.The five mascots express affection for Chinese children by two-syllable names.

4. Which of the following best reflects the main idea of the passage?

A.The 29th Olympic Games will be held in Beijing in 2008.

B.The theme of 2008 Beijing Olympics — One World, One Dream.

C.The significance of five 2008 Olympic mascots — the Five Friendlies.

D.How the Five Fantastic Mascots came into being.

5. What do the five mascots — the Five Friendlies represent?

A.“Beijing Huanying Ni,” or, in English, “Welcome to Beijing.” 

B.Chinese multi-ethnic cultures, philosophy of harmony between humans and nature and five elements of nature.

C.Chinese people’s hope for peace and friendship in the world and the spirit of the Olympics.

D.The deep desire of the Chinese people to reach out to the world in friendship through the Olympics.

单项选择题