问题 单项选择题

2004年1月3日,最高人民法院发布了《关于审理与企业改制相关民事纠纷案件若干问题的规定》。该解释总计36条,其中实体法部分占32条,抛开依照简单法理与相关规定可以推出的条文不说,单是那些原本能够直接适用民法通则、合同法和公司法已有规定即可得出的条文数量就分别占7条、8条和2条,合计17条。这反映出随着近年来司法解释的不断增多,地方人民法院过度依赖司法解释断案的心理和现象越来越明显。对此,下列哪一选项的说法可以成立( )

A.这表明,最高人民法院和地方人民法院之间是一种领导与被领导的关系

B.由于最高人民法院的这种先行介人,会形成法院系统的“一体化”,进而导致我国的二审终审制和审判监督程序难以发挥其应有的功能

C.最高人民法院的司法解释有助于地方人民法院独立审判的能力和心理追求

D.这表明最高人民法院已经把地方人民法院本身所必须具备的法律常识和法律推理权力已经全部给包揽了

答案

参考答案:B

解析: 法律适用、法律解释方面的实例题。最高人民法院和地方人民法院之间是一种监督与被监督的关系。最高人民法院的司法解释一定程度上会影响地方人民法院独立审判的能力和心理追求; D项的说法太绝对,存在问题。

完形填空

One morning, a blind boy sat on the steps of a building with a hat by his feet. He held up a sign which said, “I am blind, please help me.”

There were only a few coins in the hat. A man was walking by. He took out a few coins from his pocket and dropped them into the hat. He then took the sign, turned it around, and wrote some words on it. He put the sign back so that everyone who walked by could see the words.

Soon the hat began to fill up. A lot more people were giving money to the blind boy. That afternoon the man who had changed the sign came to see how things were. The boy recognized his footsteps and asked, “Are you the one who changed my sign in the morning? What did you write? ”

The man said, “I only wrote the truth, I said what you said, but in a different way. ”

What he had written was, “ Today is a beautiful day, but I cannot see it.”

Do you think the first sign and the second sign were saying the same thing?

Of course both signs told people the boy was blind. But the first sign simply told people to help by putting some money in the hat. The second sign told people that they were able to enjoy the beauty of the day, but the boy could not enjoy it because he was blind.

The first sign simply said the boy was blind. The second sign told people they were so lucky that they were not blind.

There are at least two lessons we can learn from this story.

The first is: Treasure(珍惜)what you have. Someone else has less. Try your best to help those who need your help.

The second is: Be creative(有创造力的). Think differently. There is always a better way!

小题1:Who sat on the steps of a building asking for help?

小题2:A man walked by and gave the boy a few coins, didn’t he?

小题3:What did the man do to the boy’s sign?

小题4:What happened to the boy’s hat soon?

小题5:How did the man write the sign?

小题6:Which sign do you prefer, the first one or the second one ? Why ?(answer the question in no more than 20 words)

单项选择题