问题 单项选择题

《物权法》第一百一十六条规定:“天然孳息,由所有权人取得;既有所有权人又有用益物权人的,由用益物权人取得。当事人另有约定的,按照约定。法定孳息,当事人有约定的,按照约定取得;没有约定或者约定不明确的,按照交易习惯取得。”关于这一规定,下列哪一说法是错误的

A.该规定属于法律要素中的确定性法律规则

B.该规定对于具有物权孳息关系的当事人可以起到很明确的指引作用和预测作用

C.该规定事实上允许法官可以在一定条件下以习惯作为司法审判的依据

D.对“天然孳息”和“法定孳息”重要法律概念含义的解释应该首先采用客观目的解释的方法

答案

参考答案:D

解析:[考点] 法律规则的分类;法的作用;法律解释方法的位阶 [详解] 按照规则内容的确定性程度不同,可以把法律规则分为确定性规则、委任性规则和准用性规则。所谓确定性规则,是指内容本已明确肯定,无须再援引或参照其他规则来确定其内容的法律规则。所谓委任性规则,是指内容尚未确定,而只规定某种概括性指示,由相应国家机关通过相应途径或程序加以确定的法律规则。所谓准用性规则,是指内容本身没有规定人们具体的行为模式,而是可以援引或参照其他相应内容规定的规则。题中规定内容明确肯定,属于确定性规则,A正确。相应地,B也正确。同时它也赋予交易习惯一定条件下的法律效力,故C正确。需要对法律概念的含义加以解释时,应遵循一定的解释位次。现今大部分法学家都认可下列位阶:语义学解释→体系解释→立法者意图或目的解释→历史解释→比较解释→客观目的解释。即一般来说,文义解释优先,即首先应当按照概念本身的语义加以解释;只有使用其他解释方法不能得到满意的结论时,才使用客观目的解释。故D错。

阅读理解

Interactive Home-security Systems

Tarik Celebi, who lives in San Francisco suburb, takes his home-security system with him to work, to dinner, just about anywhere.By his cell phone, he "arms" his home-security alarm from his car before he leaves for work.During his workday, he gets e-mail alerts every time his front door opens, even though he's miles away.If the door opens at an unusual time -say midday when no one should be coming or going - he can order a 30-second video clip(片段) from the camera that watches the door.If it's just his  mother-in-law getting a package delivery, no worries.

Celebi is one of the first users of the latest interactive home-security systems.In addition to sounding alarms when the house is broken into and notifying homeowners or police, as traditional systems do, the interactive systems give users new ways to remotely control their systems and their home environment.Different from traditional home-security alarms, which homeowners typically have to press buttons on a keypad to turn on before they leave their homes, the interactive systems enable consumers to arm and disarm systems from smart phones, iPads and PCs, no matter where they are.

Most traditional systems are set up to sound an alarm if doors or windows are opened. The interactive systems give homeowners more options.For example, users can elect when they want to be notified.They might want an e-mail or a text every time a door is opened, or only during the hours of 3 to 4 p.m., when kids come home from school.Like Celebi, they can add cameras and get video clips when doors open.That could be helpful in making sure kids aren't bringing friends home when they're not supposed to.

Nationwide, about 20% of homes have.traditional home-security systems.About half stop using them because they tire of the trouble.Being able to arm systems even while dashing to the subway or while at work will increase their usage of the new interactive systems.Although the new functions add costs to home security, the interactive-systems are believed to push home-security systems' usage rates closer to 30%, which would be a big movement for an industry that's been largely stuck at 20% for the past decade."We all know it's going to get bigger, though we don't know how long it's going to take," Eric Taylor, an officer from San Francisco Security Department says.

小题1:What may Celebi first do if his front door opens at a wrong time when he is away?

A.Inform the police.

B.Call his mother-in-law.

C.Arm the security alarm.

D.Observe through video.小题2:The interactive systems enable the user to ______.

A.improve his home environment remotely

B.lock his house's door while he is miles away

C.operate the home-security systems at any place

D.sound the alarm and inform the police at the same time小题3:What's the advantage of the interactive systems over the traditional ones?

A.They are cheaper.

B.They are easier to set up.

C.They can give quicker reaction.

D.They have more ways to inform the users.小题4:What is the last paragraph mainly about?

A.The importance of security industry.

B.The functions of the interactive alarms.

C.The popularity of home-security systems.

D.The market potential of the interactive systems.

单项选择题