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问题 单项选择题

位于A区的天龙公司与位于B区的地虎公司签订了一份化工原料购买合同。合同约定：天龙公司向地虎公司提供3.5吨位化工原料，交货地点为C区。另外还约定本合同履行过程中发生一切争议应由合同履行地人民法院管辖。合同签订后天龙公司未向地虎公司履行义务，地虎公司准备起诉，下列关于本案管辖的表述正确的是：

A．本案中的协议管辖约定不明确，如达不成补充协议，应由A区或C区法院管辖

B．本案中的协议管辖约定不明，如达不成补充协议，应由A区法院管辖

C．本案应由C区法院管辖，因为C区为合同履行地

D．本案应由C区法院管辖，因为协议管辖的约定有效

答案

参考答案：D

解析：[考点] 协议管辖
根据我国《民事诉讼法》及司法解释的规定，管辖协议有效需符合以下条件： (1)协议管辖只适用于合同纠纷案件。(2)只适用 于一审的地域管辖。(3)协议管辖必须采用书面形式，口头协议一律无效；书面协议有三种形式，即合同中的条款、独立的协议书及信函、电报、传真、电子邮件等其他书面形式。(4)只能在法律规定的范围，即被告住所地、原告住所地、合同签订地、履行地、标的物所在地人民法院之中进行选择，而且必须作出明确的、唯一的选择。例如当事人双方约定对于所发生的争议，由原告住所地人民法院和合同履行地人民法院管辖，根据《民诉意见》第24条的规定，这类选择两个以上人民法院的协议为无效协议。 (5)不得违反级别管辖和专属管辖的规定。根据上述条件，本案中的有关管辖的协议为有效的，因此，选项D是正确的。

单项选择题

胸腔闭式引流排液管的置管位置是（）

A.第2～3肋间

B.第3～4肋间

C.第4～6肋间

D.第6～8肋间

E.第8～9肋间
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单项选择题

Erik Erikson


Born at the tun of the century, Erik Erikson spent his early years in Europe. As a son of well-to-do parents, he received an education that was both formal and informal. Like other upper class children, when he finished his regular schoolwork, he traveled the Continent. He described this period as his moratorium—a term he used in his later theory of human development to describe a temporary life space that adolescents go through between the completion of general academic education and the choice of a life career. He noted that at the time of his own young adulthood, it was fashionable to travel through Europe, gaining a perspective on civilization and one’s own possible place in it. He chose the avocation of portrait painting as an activity during this time. It permitted maximum flexibility for travel and yielded some productive output as well. Obviously talented, he soon gained a reputation as a promising young artist, especially for his portraits of young children.
The turning point in his life came when he was invited to a villa in Austria to do a child’s portrait. He entered the villa and was introduced to the child’s father, Sigmund Freud. These began a series of informal discussions as he completed his work. A few weeks later, he received a written invitation from Freud to join the psychoanalytic institute of Vienna and study for child analysis. Erikson has commented that that at this point he confronted a momentous decision: the choice between a continued moratorium with more traveling and painting, and commitment to a life career pattern. Fortunately for psychology and particularly for our eventual understanding of children and adolescents, Erikson ended the moratorium.
After completing his training, he migrated to this country and served from 1936 to 1939 as a research associate in psychiatry at Yale, and he worked with Henry Murray of TAT fame (Thematic Apperception Test) at Harvard. From 1939 to 1951 he served as professor at the University of California and then moved to the Austen Riggs Clinic in Pittsburgh. With each move, his reputation grew in significance. His theoretical framework was adopted by the White House Conference on Children in 1950. The conference report, a national charter for child and adolescent development in this country, was almost a literal repetition of his thoughts. In 1960 he was offered a university professorship a Harvard in recognition of his national and international stature in the field of human development. The career that started so informally that day at Freud’s villa culminated with almost unprecedented eminence as a professor in one of the country’s oldest and most prestigious institutions of higher education-all without the benefit of a single earned academic degree. Ironically, he was offered only associate status in the American Psychological Association as late as 1950. This oversight was partially removed in 1955 when he was elected as a Fellow of the Division of Developmental Psychology, without ever having been a member.
His work, as we have noted in the text, has made a major contribution to our understanding of healthy psychological growth during all aspects of the life cycle. In addition to the high quality of his insight, Erikson possessed a genuine flair in linguistic expression, both spoken and written. In fact, one could almost compare his command of the English language with the benchmark established in this century by Winston Churchill. In many ways Erikson’s scope was as broad and comprehensive as that of Churchill. Erikson’s genius has been his ability to see the threefold relationship among the person, the immediate environment, and historical forces. Thus, each human is partially shaped by environmental and historical events, but each human, in turn, shapes the environment and can change the course of history. Erikson is equally at home describing the balance of individual strengths and problems for a single "verage" child or teenager as with an analysis of major historical figures such as Martin Luther and Mahatma Gandihi. He shows through personal history how events and reactions during childhood and adolescence prepare humans to be adults. Ralph Waldo Emerson said there is no history, only biography. Erikson’s work attests to this wisdom.
If there were a criticism of his overall framework, it would concern his differentiation between the sexes. As might be expected, he was conditioned and shaped by the major historical and psychological forces of his own time, following in the tradition of a predominantly male oriented theory for psychology. This reminds us of the limits set by historical circumstances, which impinge on all humans. He was able to break with many of the limiting traditions of his time, particularly to move the concept of development from an exclusive pathological focus to a view that emphasized the positive and productive aspects of growth. He was, however, not successful in breaking with the cultural stereotypes regarding female growth.

According to the passage, Erikson’s decision to end the moratorium with more traveling was ______.

A. a wrong one


B. a very fruitful one
C. a regretble one


D. a sad one
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