问题 单项选择题

原告A公司在多年的市场调查中积累了大量第一手资料和客户资源,并且采取了严密的保密措施以防竞争对手知晓。1991年,该公司高级技术经理袁某辞职,几个月后 A公司发现袁某所在的B公司掌握了同样的商业信息,抢占了大量的市场,使得A公司经济上受到了重大损失。A公司遂即向人民法院起诉要求袁某和B公司承担侵权责任。在诉讼过程中,A公司向法院申请不公开审理。以下分析正确的是:

A.本案应当公开审理,因为侵犯商业秘密的案件不属于不公开审理的范围

B.本案应当不公开审理,因为按照法律规定侵犯商业秘密的案件应当不公开审理

C.本案可以不公开审理,因为根据法律的规定,侵犯商业秘密的案件当事人申请不公开审理的可以不公开审理

D.本案应当不公开审理,因为根据法律的规定,侵犯商业秘密的案件当事人申请不公开审理的应当不公开审理

答案

参考答案:C

解析:理由:本题考查的知识点是开庭审理的方式。根据《民事诉讼法》第120条的规定,“人民法院审理民事案件,除涉及国家秘密、个人隐私或者法律另有规定的以外,应当公开进行。离婚案件,涉及商业秘密的案件,当事人申请不公开审理的,可以不公开审理。”本案属于涉及商业秘密的案件(商业秘密是指不为公众所知悉,能够为权利人带来经济利益、具有实用性并经权利人采取保密措施的技术信息和经营信息),当事人申请不公开审理的,可以不公开审理。

单项选择题 案例分析题
阅读理解

Throughout history, people have been interested in knowing how languages first began, but no one knows exactly where or how this happened. However, we do know a lot about languages, the languages of today and also the languages of earlier times. There are probably about 3,000 languages in the world today. Chinese is the language with the most speakers. English, Russian and Spanish are also spoken by many millions of people. On the other hand, some languages in the world have less than one hundred speakers.

There are several important families of languages in the world. For example, most of the languages of Europe are in one large family called Indo-European. The original (最初的) language of this family was spoken about 4,500 years ago. Many of the present day languages of Europe and India are modern forms of the language of 4,500 yeas ago.

Languages are always changing. The English of today is very different from the English of 500 years ago. In time some even died out completely. About 1,000 years ago, English was a little-known relative of German spoken on one of the borders of Europe.

If a language has a large number of speakers or if it is very old, there may be differences in the way it is spoken in different areas. That is, the language may have several dialects. Chinese is a good example of dialect differences. Chinese has been spoken for thousands of years by many millions of speakers. The differences between the dialects of Chinese are so great that speakers of Chinese from some parts of China can’t understand speakers from other parts.

1 The first paragraph mainly tells us that ____ .

A. most people in the world speak Chinese

B. there are thousands of languages in the world today

C. man has much knowledge about languages

D. some people know several languages

2 According to the passage, most European and Indian languages ____ .

A. will soon die out completely    B. were once a relative of English

C. are no longer spoken              D. come from the same family

3 According to the passage, ____ has the most speakers.

A. Chinese         B. English          C. Spanish          D. German

4 According to the passage, ____ seems to have changed a lot.

A. German         B. English          C. Spanish         D. Chinese

5The underlined word dialect in the last paragraph probably means ____ .

A. a special language spoken by Chinese

B. the sign used by the Chinese people in a special area

C. the difference between the old and today’s Chinese

D. the form of a language used in one part of the country