问题 单项选择题

美国1789年宪法没有明文规定美国是三权分立的政府体制,但学者们认为根据1789年的宪法文本,该宪法第1条(规定立法机关的权力)、第2条(规定行政机关的权力)和第3条(规定法院的权力)等条文的规定可以推导出美国是三权分立的体制。这种解释方法属于下列哪一种

A.体系解释

B.语法解释

C.学理解释

D.目的解释

答案

参考答案:A

解析:[考点] 法律解释的方法 法律解释的方法是法律在进行法律解释时所必须遵循的特定法律共同体所公认的规则和原则。主要包括以下几类:(1)文义解释。是指从法律条文的字面意义来说明法律规定的含义。(2)历史解释。通过研究有关立法的历史资料或新旧法的对比中了解法律的含义。(3)体系解释。也称逻辑解释、系统解释,将被解释的法律条文放在整部法律中乃至整个法律体系中,联系此法条与其他法条的相互关系来解释法律。本题中联系不同法律条文对三权分立的解释即为体系解释,故选择A。(4)客观目的解释。是指根据“理性的目的”或“在有效的法秩序的框架中客观上所指示的”目的即法的客观目的而不是根据过去和目前事实上存在着的任何个人的目的,对某个法律规定进行解释。 (5)立法者的目的解释。又称为主观目的解释,是指根据参与立法的人的意志或立法资料揭示某个法律规定的含义,或者说将对某个法律规定的解释建立在参与立法的人的意志或立法资料的基础之上。 (6)比较解释。是指根据外国的立法例和判例学说对某个法律规定进行解释。

阅读理解

It is said that people born on different dates have different characteristics. For example, people who were born between March 21 and April 20 are likely to be active and strong. They like power and enjoy adventures.

People who were born between April 21 and May 21 are likely to learn more slowly, but they can remember what they learn well. They love children and usually have many friends.

People who were born between May 22 and June 21 are bright and humorous. They like to talk and enjoy wearing fine clothes.

People who were born between June 22 and July 22 think deeply. They would rather hide their feelings than express them.

People who were born between July 23 and August 22 are interested in many subjects and it is interesting to hear them talk.

People who were born between August 23 and September 22 are said to be calm and thoughtful. They like to read and often become successful scientists.

If you have free time, you can read about star signs to see if your characteristics match your birth date.

小题1:People who were born between March 21 and April 20 are ________.

A.patient

B.modest

C.energetic

D.kind小题2:People who were born between May 22 and June 21 like to ________.

A.wear fine clothes

B.take care of others

C.travel around the world

D.buy their friends nice gifts小题3:People who were born between June 22 and July 22 are not good at ________.

A.singing and dancing

B.earning money

C.doing with difficulties

D.expressing their feelings小题4:People who were born ________ often become successful scientists.

A.between April 21 and May 21

B.between July 23 and August 22

C.between August 23 and September 22

D.between June 23 and July 22小题5:The passage mainly talks about ________.

A.birth dates

B.abilities

C.star signs

D.birth dates and characteristics

单项选择题