问题 单项选择题

我国《宪法》第26条第1款规定:“国 * * 护和改善生活环境和生态环境,防治污染和其他公害。”下列哪一选项是正确的( )

A.该条文体现了国家政策,是典型的法律规则
B.该条文既是法律原则,也体现了国家政策的要求
C.该条文是授权性规则,规定了国家机关的职权
D.该条文没有直接规定法律后果,但仍符合法律规则的逻辑结构

答案

参考答案:B

解析:[考点] 法律规则;法律原则
[详解] 法律原则与法律规则的区别之一在于,在内容上,法律规则的规定是明确具体的;而法律原则比较笼统、模糊,它不预设明确的、具体的假设条件,更没有具体的法律后果。本题中《宪法》第26条第1款的规定比较笼统,没有明确的、具体的假设条件,也没有具体的法律后果,因此该规定属于法律原则。环境保护是我国可持续发展战略的一个具体要求,也是实现经济社会协调发展的重要途径,该规定体现了我国的国家政策。因此B正确。关于A,认为该规定是法律规则,因此错误。关于C,所谓的授权性规则是指规定人们有权为一定行为或不为一定行为的规则,由于该规定并不是法律规则,就更不用说是授权性规则了。关于D,所谓的法律规则的逻辑结构,是指法律规则诸要素的逻辑联结方式,通常“两要素”说认为法律规则是由行为模式和法律后果两部分构成,但由于该规定并不是法律规则,因此其错误也同C。

单项选择题
单项选择题

The "standard of living" of any country means the average person’s share of the goods and services which the country produces. A country’s standard of living, (1) , depends first and (2) on its capacity to produce wealth." Wealth" in this sense is not money, for we do not live on money (3) on things that money can buy. "Goods" such as food and clothing, and "services" such as transport and " (4) ". A country’s capacity to produce wealth depends upon many factors, most of (5) have an effect on one another. Wealth depends (6) a great extent upon a country’s natural resources. Some regions of the world are well supplied with coal and minerals, and have a fertile soil and a (7) climate; other regions possess none of them.

Next to natural resources (8) the ability to turn them to use. China is perhaps as well (9) as the USA in natural resources, but suffered for many years from civil and (10) wars, and (11) this and other reasons was (12) to develop her resources. (13) and stable political conditions, and (14) from foreign invasion, enable a country to develop its natural resources peacefully and steadily, and to produce more wealth than another country equally well (15) by nature but less well ordered.

A country’s standard of living does not only depend upon the wealth that is produced and consumed (16) its own borders, but also upon what is indirectly produced through international trade. (17) , Britain’s wealth in foodstuffs and other agricultural products would be much less if she had to depend only on (18) grown at home. Trade makes it possible for her surplus manufactured goods to be traded abroad for the agricultural products that would (19) be lacking. A country’s wealth is, therefore, much influenced by its manufacturing capacity, (20) that other countries can be found ready to accept its manufactures.

6()

A.with

B.for

C.to

D.on